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HomeMy WebLinkAboutPC Min 1994-09-07 . . . " \ .., CITY OF SEAL BEACH PLANNING COMMISSION AGENDA of SEPTEMBER 7, 1994 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #94-35 I. PLEDGE OF ALLEGIANCE II. ROLL CALL ill. APPROVAL OF AGENDA By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the agenda; (b) Rearrange the order of the agenda; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. IV. ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Planning commission, provided that NO action or discussion may be undertaken by the Planning Commission unless otherwise authorized by law. V. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning commission, staff or the public requests that a specific item be removed from Consent Calendar for separate action. 1. Approve Minutes of August 17, 1994. 2. Receive and File City Council Staff Report dated August 22, 1994 re: Comment Letter on the Federal Implementation Plan (PIP). The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. . . . Page 2 - PIaDniDg Commission Agenda for September 7. 1994 VI. 3. Receive and File City Council Staff Report dated August 22, 1994 re: Response to SCAQMD re: "Notice of Intent to Issue Permits to Operate - Platforms Ellen, EUy, and Eureka (SWEPI) and Platform Edith (UNOCAL), Huntington Beach. 4. Receive and File City Council Staff Report dated August 22, 1994 re: Notice of Preparation - Queensway Bay Master Plan - City of Long Beach. 5. Receive and File City Council Staff Report dated August 22, 1994 re: Seismic Imaging Survey - Department of Interior. 6. Receive and File Memorandum re: Dolan v. City of Tigard - U. S. Supreme Court Decision. PUBLIC HEARINGS 7. Negative Declaration #94-1 [Continued from 6/8/94] General Plan Amendment #94-1(A)&(B) Zone Change # 94-1 Address: Applicant: Property Owner: 99 and 101 Marina Dr. City of Seal Beach Exxon Corp., Unocal Corp., and City of Seal Beach as Lessee. To amend the Land Use and Housing Element of the City's General Plan to change the land use designation from Oil Extraction (O-E) to Low Density Residential (LOR) and to change the zoning designation from O-E to LOR on those portions of the site currently utilized for onshore oil separation facilities by Exxon and Unocal as Lessee and on those portions of the site currently leased by the City of Seal Beach and utilized for park and recreation purposes. Request: Resolution 94-35 Resolution 94-36 Approve Negative Declaration 94-1 Recommend City Council approval of General Plan Amendment 94-1(A) Recommend City Council approval of General Plan Amendment 94-1 (B) Recommend City Council approval of Zone Change 94-1 Resolution 94-37 Resolution 94-38 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. . . . Pagc 3 - PIaDnmg Commis.im Agenda for Septembcr 7, 1994 8. Variance #94-6 Address: Applicants: Property Owners: Request: Resolution 94-31 225 Main Street, Suite D Robert Claborn & Melanie Hales Charles & Virginia Burroughs Approval to vary from the parking requirements of the Service Commercial zone (C-l) for the establishment of a hair salon in an existing 585 square feet retail building located off Main Street in the rear of the Courtyard Nursery complex. The proposed use will lack two (2) parking spaces. Approve Variance 94-6, subject to conditions in staff report, as revised by the Planning Commission. 9. Conditional Use Permit #94-6 Address: Applicants: Property Owners: Request: Resolution 94-39 Seal Beach Shopping Center Pacific Coast Highway Deborah Edwards and Susan Cooper Jerome Moss and Andrew Possell To establish a drive-thru espresso bar within the existing parking area of the Seal Beach Center (pavilions Center). Approve Conditional Use Permit 94-6, subject to conditions in staff report, as revised by the Planning Commission. VIT. STAFF CONCERNS vm. COMMISSION CONCERNS IX. ADJOURNMENT The City of Seal Beach complies with the Americans With Disabilities Act of 1990. lfyou require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. . . .. , Page 4 - PIaDning Commission Agenda for September 7, 1994 1994 AGENDA FORECAST SEP 21 CITY DEADLINE: . AUt) 17 CUP #92-2 @ 101 Main/SeaSide Grill/Review indefinite extension. V AR #94-4 @ Sign application withdrawn @ Leisure World OCT 05 CITY DEADLINE: AUa 31 OCT 19 . CITY DEADLINE: SEP 14 NOV 09 CITY DBADUNE: OCT 05 NOV 23 CI1iY DEADLINE: OCT 19 DEe 07 . CUP #93-13 CITY DEADLINE: NOV 02 Papillon's @ 12 mos.lindef. exten. of entertainment. DEe 21 CITY DEADLINE: NOV 16 STAFF REPORTS PENDING: NOT AGENDIZED . ZT A #92-2 City-wide policy statement on entertainment. . Study Session re: Proposed Newsrack Ordinance. 1he City of Seal Beach complies with the Americans With Disabilities Act of 1990. lfyou require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. Page 5 - PIaoning Commission Agenda for September 7, 1994 . 1995 JAN CUP #92-13/143 Main/Papillon's/12 mos entertainment CUP #92-25/1400 PCH/Glider Inn/indefinite extension FEB MAR APR MAY ruN ruL AUG SEP . OCT NOV DEC CUP #94-11600 MarinalRadisson 12 mos. ABC Election of Chairman & Vice Chairman . The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. . . . - ., MEMORANDUM To: Mayor and Members of the City Council From: Interestro Individuals n/ Lee Whittenberg, Director of Development service~ I PLANNING COMMISSION AGENDAg;tember 7, 1994 - Agenda Items 2 through 5 Subject: Date: September 7, 1994 The above-referenced agenda items are not provided in the Planning Commission Agenda of September 7, 1994, except for the Planning Commission and Staff. These items were previously provided in the City Council Agenda Packet of August 22, 1994, and not copied again. Copies of these staff reports are available at the Department of Development Services and at the local libraries. The above-referenced agenda items are: 2. Receive and File City Council Staff Report dated August 22, 1994 re: Comment Letter on the Federal Implementation Plan (pIP). 3. Receive and File City Council Staff Report dated August 22, 1994 re: Response to SCAQMD re: "Notice of Intent to Issue Permits to Operate - Platforms EUen, EUy, and Eureka (SWEPI) and Platform Edith (UNOCAL), Huntington Beach. 4. Receive and File City Council Staff Report dated August 22, 1994 re: Notice of Preparation - Queensway Bay Master Plan - City of Long Beach. 5. Receive and File City Council Staff Report dated August 22, 1994 re: Seismic Imaging Survey - Department of Interior. **** . D \WP51\FORMS\PCAOBNDA.MBM\LW\09-02-94 .~L .'. . - . , 'I . .. . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF SEPrEMBER 7, 1994 The City of Seal Beach Planning Commission met in regular session at 7:35 p.m. with Chairman Dahlman calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Chairman Dahlman Commissioners Sharp, Law, Campbell, Brown Also Present: Development Services Department Lee Whittenberg, Director Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary Craig Steele, Assistant City Attorney APPROV AL OF AGENDA Commissioner Brown said his "yes" vote on this Motion would indicate his abstention from Minutes of August 17th as he was not at that meeting. . MOTION by Sharp; SECOND by Law to approve the Agenda as presented. MOTION CARRIED: AYES: 5-0 Sharp, Law, Dahlman, Campbell, Brown ORAL COMMUNICATIONS Jim Caviola * 305 and 1117 Ocean Avenue. Seal Beach Mr. Caviola stated he would like the City to initiate a program to encourage street tree planting and maintenance on Ocean A venue. He objected to trees being removed and not replaced, to the planting of trees without proper maintenance, to Queen palms looking like weeds, to the south side of Ocean A venue looking awful because the property owners have removed all the street trees and paved those areas which then become parking spaces. He felt there would not be a problem with sidewalks lifting if the proper trees were selected. He said he would be willing to donate $1000 to purchase ten flowering trees for two City blocks. He said this city was designed to have a tree between every lot and there are humps between the driveways which are painted red to indicate where a tree is supposed to be. . Chairman Dahlman asked Director Whittenberg which City department is responsible for tree planting and maintenance and asked staff to report back to the Planning Commission on the zoning laws relating to tree planting. Mr. Whittenberg said he would come back with a more detailed report. Additionally, the City's Environmental Quality Control Board (EQCB) has been working on an overall public street tree policy for the City. He felt it was close to going to the . . . . . Page 2 - City of Seal Beach P1anning CamnusSIOII Minutes of 9-7-94 Chairman Dahlman asked Director Whittenberg which City department is responsible for tree planting and maintenance? Additionally, he asked Director Whittenberg to report back to the Planning Commission on the zoning laws relating to tree planting. Mr. Whittenberg said he would come back with a more detailed report. Additionally, the City's Environmental Quality Control Board (EQCB) has been working on an overall public street tree policy for the City. He felt it was close to going to the City Council for consideration. This program would include tree planting and replacement. Technically tree planting is not an issue the Planning Commission would deal with because tree planting occurs on the public right-of-way and the Commission deals with issues on private property. The EQCB will meet again on September 20th at 6:30 p.m. in City Hall. CONSENT CALENDAR MOTION by Sharp; SECOND by Law to approve the Consent Calendar items as presented: 1. Approve Minutes of August 17, 1994. 2. Receive and File City Council Staff Report dated August 22, 1994 re: Comment Letter on the Federal Implementation Plan (FIP). 3. Receive and File City Council Staff Report dated August 22, 1994 re: Response to SCAQMD re: "Notice of Intent to Issue Permits to Operate - Platforms Ellen, Elly, and Eureka (SWEPI) and Platform Edith (UNOCAL), Huntington Beach. 4. Receive and File City Council Staff Report dated August 22, 1994 re: Notice of Preparation - Queensway Bay Master Plan - City of Long Beach. 5. Receive and File City Council Staff Report dated August 22, 1994 re: Seismic Imaging Survey - Department of Interior. 6. Receive and File Memorandum re: Dolan v. City of Tieard - U. S. Supreme Court Decision. MOTION CARRIED: AYES: 5-0 Sharp, Law, Dahlman, Campbell, Brown . Page 3 - Cdy of Seal Beach P1annmg CamnllBBIOII Mmutes of 9-7-94 PUBLIC HEARINGS 7. Negative Declaration #94-1 [Continued from 6/8/94] General Plan Amendment #94-1(A)&(B) Zone Change # 94-1 Address: Applicant: Property Owner: 99 and 101 Marina Dr. City of Seal Beach Exxon Corp., Unocal Corp., and City of Seal Beach as Lessee. Staff Report . Mr. Whittenberg delivered the staff report. [Staff report on file in the Planning Department]. The City requested Commission approval to amend the Land Use and Housing Element of the City's General Plan to change the land use designation from Oil Extraction (O-E) to Low Density Residential (LDR) and to change the zoning designation from O-E to LDR on those portions of the site currently utilized for on-shore oil separation facilities by Exxon and Unoca1 as Lessee and to change the land use designation from Oil Extraction (O-E) to Public Land Use (pLU) and to change the zoning from O-E to PLU/R on those portions of the site currently leased by the City of Seal Beach and utilized for park and recreation purposes. Commission Comments on Staff Report Commissioner Sharp asked if oil from the oil islands is presently being pumped to this site? Mr. Whittenberg said no, that both Exxon and Unocal facilities are totally shut down. Unocal had a temporary California Coastal Commission permit to ship their production through the Exxon facility but the Exxon facility has been shut down since February 1994. Due to site problems they have not reopened. The Sanitation District has informed the City that Unocal has withdrawn their permit application to renew and reopen the facility. The City has not been able to talk to people at Exxon directly but at this time is appears they are not trying to reopen that facility. The Exxon oil lines running under City streets are being maintained in accordance with the requirements of the State Division of Oil and Gas. To keep the lines from corroding, fluid must be pumped through the lines. Exxon is currently pumping salt water through the lines. Commissioner Campbell asked about the amortization period and its review. Mr. Whittenberg said the Commission will determine the amortization period and will review it in one year at a Public Hearing. The oil companies will provide information on the useful life of the facilities, the capabilities to bring those systems back on line. Staff would present the Planning Commission with recommendations on how long those companies should have to amortize out those costs. . ..".. Page 4 - CiI;y of Seal Beach I'IanninB Cmll1ll881011 Mmlltes of 9-7-94 . . Commissioner Law asked if this process would involve court enforcement? Mr. Steele said not necessarily because there are a number of different factors in the amortization schedule. Exxon has indicated to staff that there's a useful life of the platform which will bear on the amortization period. The purpose of an amortization hearing is to determine a fair period to allow the property owner to get his economic investment out of the property. Cities hold amortization hearings all the time. Commissioner Law asked if Exxon will be responsible for the property's cleanup? Mr. Steele said he assumed that would be a condition imposed on the CUP if one were granted. Mr. Whittenberg said that at the point where any type of an oil production facility is abandoned, certain cleanup provisions are mandated by the State; a number of different agencies would be involved in the process. Public Hearing Persons Speaking in Favor of Ap.plication Rita Strickroth * 343 Regatta Way. Seal Beach Ms. Strickroth said the Riverbeach Homeowner's Association supports the City's action to change the zoning at 99 Marina Drive to low density residential. She hoped the amortization period would not be as long as the suggested fifteen years. Ms. Strickroth asked Mr. Whittenberg if Exxon had requested to withdraw their permit from the Orange County Sanitation? Mr. Whittenberg said yes. Chairman Dahlman said that is a technicality, they are not operating and they cannot operate without it. Ms. Strickroth asked that if, by withdrawing their permit, Exxon wants to ignore the finding of methane gas in the sewer? Mr. Whittenberg said the City can't answer that question because the City has only been informed by the Sanitation District that the application for the permit has been withdrawn. Ms. Strickroth said Exxon has not operated at that site since January 1, 1994, when the problem of methane gas in the sewer was found. She asked how long can Exxon be in a non-operating state before the City would consider the site abandoned? Mr. Whittenberg said that when the closure is due to an order from an enforcing agency, the City's normal closure requirements for nonconforming uses may not apply. The municipal code provides that if you're shut down because of non-compliance with another agency's provisions, once you meet those provisions you can re-open again. If Exxon were to get the permits they would be allowed to reopen. Assuming the Planning Commission agrees with staffs recommendations tonight, one year from now Exxon would have to get a Conditional Use Permit to determine an amortization period and the use of the property. Ms. Strickroth said that would mean that property could sit in a dormant state, as the green tanks have sat in a dormant state, for a long time; Mr. Whittenberg agreed. . Page S - Ci1;y of Seal Beach Planning CommISSlllII Minules of 9-7-94 Chairman Dahlman asked how many units could be built on the subject site as if zoned LDR? Mr. Whittenberg said it would depend on whether they would be using public or private streets to provide access. Approximately 18 to 22 units on the 3.8 acres. Ms. Strickroth asked if Unocal's green tanks could be removed as they cannot be used because they do not meet today's standards. Mr. Whittenberg said that would be part of the hearing process in one year. That hearing will determine the amortization for both the Exxon and Unoca1 facilities. Unocal, as a part of that process, has obtained Coastal Commission approvals to place their oil separation production facilities on their ocean platforms. Once that process is completed, Unoca1 may take the green tanks down themselves without the City having to force that issue. John O'Neal * 395 ClipJ>er Way. Seal Beach Mr. O'Neal said it would be nice to have the subject site a park but hoped any housing would be compatible with the neighborhood. Chairman Dahlman said the only portion of the site to be PLU is the existing Marina Park and no additional park is proposed. A developer would be required to pay a fee for subdivisions that are less than fifty lots. Above fifty lots, actual dedication of land for park facilities is required. . Mr. O'Neal stated he did not receive a Notice of this Public Hearing. Mr. Whittenberg said this Public Hearing was re-Noticed by letter to residents within 300' of the subject site and published in the local newspaper. Chairman Dahlman indicated that if necessary, the City will re-Notice and re-publish this Public Hearing and continue this Hearing. Persons Speaking Against this ApJ>lication Jay Bulmash * 127 Electric Avenue. Seal Beach Mr. Bulmash asked Mr. Whittenberg if, in order for this Zone Change to be approved, the City's general fund would have to pay monies to Exxon and Unocal because this land can no longer be used for oil extraction? Mr. Whittenberg said no and explained an amortization period. Mr. Bulmash expressed his concerns that it is unfair for Riverbeach and Bridgeport property owners would benefit by increases in their property values while the City gets no revenues from the oil production companies and the loss falls on the other City residents who now have to pay a large utility tax. He wants the City and its residents to benefit from this, not a few selected residents. . Chairman Dahlman asked Mr. Bulmash ifhe had any problem(s) with the Negative Declaration? Mr. Bulmash said he has a problem with the overall plan as constructed and felt it needs further review by the City Attorney and Planning Department staff. He said that if the City were not . Page 6 - CIly of Seal BelIch Planning Commission Minutes of 9-7-94 anti-Exxon and anti-Unocal oil operations may resume at the site with thousands of dollars of revenue coming to the City. Mr. Whittenberg clarified that with what is being proposed Unocal would continue to operate their off-shore platform. The separation of oil and salt water will be done at the platform rather than the facility at 99 Marina Drive. The City will continue to receive all of the revenues that are generated by that pumping of oil. Mr. Bulmash suggested Exxon may want to use the site again and that would generate tax revenue for the City II ... if there was not such a negative view on the City Council of driving them out of town on a rail". Mr. Whittenberg said the City doesn't want to drive anyone out of town on a rail, that has been made clear through this process. The City has worked closely with Unocal and the Coastal Commission to ensure Unocal was able to get the approvals they needed to place their facilities on the off-shore platform at tht? specific direction of the City Council. The Exxon facility is in the position of not knowing whether their facility is worth keeping open based on their operating expenses and the income they generate for pumping oil. That's a corporate decision. . Mr. Bulmash said the City should be more friendly to business. He felt it is wrong to take something that could or did generate income and turn it into profit for a developer(s). There being no one who wanted to speak further, Chairman Dahlman closed the Public Hearing. Mr. Whittenberg stated a legal Notice was published in the Sun Newspaper on August 18, 1994 and Notices were mailed on August 18th to residents within 300' of the subject site. Chairman Dahlman called for a show of hands of those persons living withil'l 300' of the property who did and did not receive a Notice? Several people raised their hands as not having received Notices and no one said they did receive a Notice by mail. Mr. Steele said that on a Notice issue, if those persons who would have contested the issue of Notice appear at the meeting anyway and have the opportunity to participate, they are deemed to have waived the argument that they were not provided Notice. Due process requires that we allow people Notice and an opportunity to be heard. Since there are several people from the area, they had some notice of the Public Hearing. He stated he was comfortable with the Notice process because the City has proof of published Notice in the Sun and persons from the 300' radius are present. Chairman Dahlman asked if the Commissioners wished to comment on this Notice? Commissioner Law said Notices have been known to get stuck in the Post Office. Mr. Whittenberg said the City Attorney has indicated the Commission is on solid ground if it wishes to proceed however, staff might recommend a continuance to allow for re-Notice and re- publication and hold this hearing another time. Four weeks is sufficient. Chairman Dahlman reopened the Public Hearing for the purpose of continuing this matter. . . . . Page 7 - City of Seal Beach PIanniJJg ConunISSIOIl Minutes of 9-7-94 MOTION by Sharp; SECOND by Campbell to continue the Public Hearing on Negative Declaration 94-1, General Plan Amendment 94-1A and 94-1B, and Zone Change 94-1 to October 5, 1994, and instructed staff to re-Notice by mail as required by law. MOTION CARRIES: A YES: 5-0 Sharp, Campbell, Brown, Dahlman, Law *** Without objection by the Commission, Chairman Dahlman called a recess at 8:15 p.m. The meeting resumed at 8:22 p.m. 8. Variance 94-6 225-D Main Street Staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department]. The applicants, Robert Clayborn and Melanie Hales, sought approval to vary from the City's parking requirements of the Service Commercial (C-1) zone for the establishment of a hair salon (The Ivy) in an existing 585 square foot retail building located at the rear of the Courtyard Nursery complex. The proposed use would lack two of the required four parking spaces. Mr. Curtis stated staff received 35 responses regarding this issue, all but two were in favor of the request and two were from anonymous business owners who felt there are already enough hair salons on Main Street. Commission Comments on Staff Report Commissioner Sharp asked Mr. Whittenberg the status of the shared parking study. Mr. W~ittenberg said that project had to be placed on a back burner due to the delegation of other projects. The Main Street Specific Plan will deal with this issue for Main Street but not for the outlying areas. Chairman Dahlman said a Variance runs with the land and it's totally unenforceable on any subsequent owners to mandate they bicycle to work. He reviewed the State's three mandated findings. Commissioner Brown asked how the $3500 in-lieu parking fee is calculated? Mr. Whittenberg said the $3500 fee has been arrived at through City Council deliberations on two different Main Street projects. It represents an interim fee until such time as the Main Street Specific Plan is developed. At that point, that Plan will have a formal in-lieu program and a new fee established based on specific criteria. The City Council felt the $3500 fee is more reasonable than the $100 per space per year fee, based on the cost a person would have to spend for a piece of property in downtown Seal Beach to put parking on it. . . . Page 8 - CI~ of Seal Beach PIamung Commissioo Minutes of 9-7-94 Public Hearine Ms. Fillmann stated 35 responses had been received prior to this Public Hearing. Dave Bartlett * Land Use & Planning Consultant * Huntington Beach Mr. Bartlett stated the applicant's approached him to look at their application, which he felt is unique because the applicant's are not developers. They are trying to open a business in an area which, historically, has failed as a retail establishment due to lack of visibility. He explained commercial, industrial and retail establishments do not have to provide employee parking as hair salons must. He felt this project should be approved because (1) the two lacking parking spaces can be made up for by the operators walking to work as they currently do at their present jobs, (2) as business owners in Old Town, they would have access to employee stickers allowing them them to park in lot at 8th Street and Central A venue, (3) the property owner has additional off- site spaces in the Old Town area which he is willing to free up for use by these tenants. Mr. Bartlett said he feels there is ample parking in Old Town via the lot at Main Street/Electric Avenue, unrestricted 8th Street parking, and Main Street parking. He indicated half of this establishment's business would occur between the hours of 5:00 p.m. and 9:00 p.m. He stated special circumstances can be found, a hardship does exist and the City's General Plan will not be impacted as a result of this project. He said this project is approximately one-half of one percent of the gross floor area of Main Street and should not be subject to the parallel process of the Main Street Specific Plan because it's a low-level, low impact project as compared to other Variances which have been granted for Main Street, such as Walt's Wharf at 55 spaces, the law office at 20 spaces, Papillon's restaurant at several spaces, RI.'s pizza and Masonic Lodge. There is a significant difference between those projects and this project, which is that this project is very small (588 square feet) and this project has the physical ability to make up those two parking spaces through walking to work. Because of this, this project should not be subject to in-lieu parking fees. He noted the applicants do concur with the staff report's suggested Conditions of Approval. Robert Clayborn * 128 7th Street. Seal Beach Mr. Clayborn stated he has resided in Seal Beach for the last seven years at 128 7th Street and he plans to live there indefinitely as the property is owned by family/friends. He explained his lease entitles him to the use of the entire garage. He has had a City business license for the last seven years while he worked at 550 Pacific Coast Highway. He has a discerning, upper crust clientele which expects certain amenities. He felt this site has the charm to make his clients happy. The property owners have accepted them and the concept of this project. This proposal will have a large retail area, which will bring tax revenues to the City. . Page 9 - City of Seal Beach PIanniug Commission MInutes of 9-7-94 Melanie Hales * Seal Beach Ms. Hales explained that if they felt there would be a parking problem, why would they want to locate there as that would be professional suicide. She stated their average customer would be there forty minutes. She stated she works on Main Street now and there is not a parking problem. Charles Braneka * 6441 Athena Drive. Huntington Beach Mr. Braneka stated he knows both the applicants and has generally discussed their business plan with them. As a present customer of theirs he felt they would bring a high value presence and professionalism to Main Street. As a retail establishment it would add to the City. Chuck Burroughs * 217/223/225 Main Street. Seal Beach . Mr. Burroughs stated he is the property owner of 225 Main Street. He developed this site twelve years ago as the Peppermint Playhouse. He stated The Ivy would not be solely a hair salon, but will carry fine antiques and it would be a revenue-creating business. His other tenants have been there eight to ten years. These tenants are all in favor of this because The Ivy would bring business to Main Street. He stated he owns the Antique Gallery with three (3) parking spaces in the rear of which only one space is used per day. Also, he controls by lease the two parking spaces behind the Post Office. He would be willing to release these spaces for The Ivy to use. Chairman Dahlman noted the staff report's spread sheet on the parking requirements for 225 Main Street --- a restaurant (Nick's Deli), a retail store (Antique Gallery), a nursery (Old Town Gardens) and a salon (proposed The Ivy) which shows 24 parking spaces are required. Currently the property provides six (6) of the required spaces. Of the 24 required spaces how many are there? Mr. Curtis said Nick's Deli has 5 in-lieu spaces with 6 spaces physical provided on-site for these uses. Chairman Dahlman said there is a shortage of 16 spaces and if The Ivy's parking Variance is approved that would be a shortage of 18 spaces. Mr. Curtis asked how many square feet is the Antique Gallery? Mr. Burroughs said 2200 square feet and it has three (3) physical spaces. Mr. Curtis said that site is deficient in parking. Mr. Burroughs said behind the Post Office there's a shop on the alley. It is now used as a shop and to store the nursery equipment. The parking spaces belong to him via the Jones' Estate. . Chairman Dahlman noted the previous use in this space was an antique store. He asked how many spaces were actually used when it was an antique store? Mr. Burroughs said Jeff Campbell leases that from him and all of that parking belongs to the Old Town Gardens nursery. Everybody who works on site, Judy upstairs, Lynn at Courtyard Stamper park on the street every day. The only vehicles using the spaces are the two nursery pickup trucks and the flower delivery car. Mr. Curtis noted the antique store, previously on this site, had one employee. The only way to quantify this with our existing Code would be with the requirement for two parking . Page 10 - City of Seal Beach J>Jannin& Commission Mmutcs of 9-7-94 . . spaces but if a comparison could be made, they did have the one employee plus customers. The Ivy salon would have two employees plus two customers. Commissioner Brown asked again, if of the six (6) parking spaces on site three (3) were used by the nursery? Mr. Burroughs said they are used by the nursery and their customers. The nursery trucks are in and out all day long. Persons Speaking in Op.position Bruce Stark * (No Address Given). Seal Beach Mr. Stark said there is no in-lieu parking program in Seal Beach and there never has been such a program. This amounts to selling a Variance for $3500. His position is that if the City is going to sell Variances then sell them to everyone. He felt a lot of people would be willing to pay $3500 for a Variance to use their property for a use that is not intended. The State law has mandated findings in order to grant a Variance, one of which involves "special circumstances". Mr. Stark said there is nothing special about this property --- not its size, shape or topography or terrain that warrants a Variance. It's a flat property of ordinary dimensions on Main Street. The Commission is being asked to grant a special privilege. On that site there is a restaurant, a nursery, a rubber stamp shop, an antique shop and a boutique --- five existing businesses. In looking at the impact report, page 18, question 41, "Will the proposal result in a substantial alteration of the present or planned land use of an area'!" Mr. Stark said the answer should have been "Yes" because it's an intensification. Instead the answer is "No". Numerous people have come before the City Council and the Planning Commission saying that they are intensifying the use of Main Street without taking adequate protection for the residents who back onto Main Street. On page 19, question 46 on Transportation/Circulation, question (a) asks "Will the proposal result in generation of substantial additional vehicular movement? The answer is checked "No". This is not accurate. If there are two salon operators who see a customer every sixty minutes for eight hours a day, that equates to 16 people per day. That is a substantial vehicular increase. Chairman Dahlman responded that staff probably felt that was similar to the previous number of customers of the antique store. Question 46(b) is also inaccurately answered. The questions as "Will the proposal result in effects on existing parking facilities or demand for new parking?" The answer is "Maybe" instead of "Yes". Chairman Dahlman said he had a problem with this and asked for staff input on this. Mr. Curtis explained this questionnaire is completed by the applicants and not staff. Chairman Dahlman said "Oh. This looks like a Negative Dec". Mr. Curtis said the questions are similar. Mr. Stark said then this doesn't help the Planning Commission as it's a self-serving document. Mr. Stark said the bottom line is that you cannot grant a Variance if you're granting a special privilege. He said the residents on Eighth Street have come to Planning Commission many, many times and they don't come any more because nothing is done for them; this is a shame. . Page 11 - Ci~ of Seal Beach Planning COIIIIDJSSIOIl Mmutes of 9-7-94 . . David Rosenman * 208 8th Street. Seal Beach Mr. Rosenman stated he lives on the alley which is part of the traffic flow for this property. The area around the nursery is already congested during the day, so there is an existing traffic impact. He disagreed with the traffic findings are set forth in the packet. The Ivy would be an intensification and there's nothing unusual about the site. lilt may be an attempt to do an end run around the downtown Specific Plan ". It was his understanding that the applicant had been advised by staff to wait until the Main Street Specific Plan was completed. The applicant declined and wanted to apply now. He felt this project would need a Negative Declaration and a development agreement to address the parking requirement issues. He felt this application should be considered in an orderly fashion and after the Main Street Specific Plan is complete. Rebuttal Dave Bartlett reminded the Planning Commission there's no way the opening of this business will have a negative impact or will be detrimental to the City. Regarding the required State Variance findings, the General Plan and the zoning designation for this site are consistent with one another so the project will not affect the General Plan. The special circumstances finding involves the location of this site --- it's on Main Street. All of Main Street is illegal, non- conforming parking. For example, Walt's Wharf has probably two or three parking spaces and he has a Variance for 55 spaces. Special privileges have been granted up and down Main Street on project significantly more intense and larger than this 588 square foot project. Again, the two lacking spaces can be made up for and that's the difference on this project. Chairman Dahlman said it was stated that this site represents one-half of one percent of all the retail floor space on Main Street, is this a unique project? What's to stop the other 99th % from requesting the same Variance? Mr. Bartlett said there is nothing to stop them from requesting a Variance. The Variance is a tool which is part of the Code to be used when appropriate. If a project were to come forward on the magnitude, say of BI's pizza, then the Commission might consider a parallel process and considering that project in the context of the Main Street Specific Plan because of its magnitude. Chairman Dahlman said that to him, a Variance is not a tool to change the parking for everybody on Main Street one at a time. A Variance is a tool for dealing with people who have unique problems. Mr. Bartlett agreed but felt this a very unique situation. Commissioner Sharp said he was unfamiliar with the property's layout. Mr. Bartlett explained that if you walk into the nursery from Main Street, this site is to the rear. Chairman Sharp asked if the store is there now, if it's empty and does it face onto the alley? Mr. Bartlett said the structure is there now, it's being used to store antiques for another store and it's on the alley, without actual frontage on Main Street. Chairman Dahlman asked how long the antique store has not been operating? Mr. Burroughs said two months. . Page 12 - CIty of Seal Beach Planning CommisSlIlII Minutes of 9.7-94 Commissioner Brown asked Mr. Bartlett how he was defining "special circumstance" and asked for clarification. Mr. Bartlett said this special circumstance is related to the sites' location and surroundings. Commissioner Brown said every other store on Main Street would be the same and how can that be a special circumstance? Mr. Bartlett said a special circumstance can be based on a number of item as defined in the Code, including location and surroundings. Because of this property's location and surroundings, given there are illegal nonconforming and parking Variances exceeding 55 spaces along Main Street. The special circumstances that would allow the Commission to approve this project relate to the overall Main Street situation, historically, and the special circumstance of the operators in which they can physically make up those two spaces by not utilizing spaces on Main Street and walking to work. Commissioner Brown asked Mr. Bartlett if he would consider this a special privilege because other people on Main Street also have Variances? Mr. Bartlett said he would say that it would be a special privilege not to grant this Variance, considering the other projects that have gone through at many, many more parking spaces which cannot be made up for. . Chairman Dahlman asked if the applicants would be amenable to a condition whereby there is some method of enforcement to prevent the two applicants from using parking at the site? Also, is this Variance transferrable if The Ivy changes hands? Mr. Steele said yes, all the Conditions of Approval for the Variance would run with the land. That's why the City Attorney's Office suggested to Mr. Curtis that such a condition would have sub-parts or alternatives requiring the applicants to provide alternative parking for employees, such as the applicant's own garage or provide evidence to the Director of Development Services that alternative transportation was being used so it's an elastic condition which can be met by other occupants of the property. Chairman Dahlman reviewed the three alternatives set forth in the staff report, asking Mr. Bartlett what his preference would be if the Variance had to be denied? Mr. Bartlett said in considering denial or denial without prejudice, he would prefer a straight denial so the applicants could appeal to the City Council. Replying to Commissioner Brown's comments about special circumstances, Mr. Bartlett said this particular building, being far to the rear of the property, is its special circumstance. The site does not function well as a retail establishment because it's far to the rear of the property and . that's why there has been a high turn-over at that site. Chairman Dahlman asked what is the allocation of revenues is between sales versus services? How much profit is estimated on sales and how much on services? Mr. Clayborn said it's a guess in a service industry; there will be a 50% markup on services. There will be a large retail area with Chuck Burrough's antiques on consignment. . Mr. Steele said a denial without prejudice has the same appeal rights as an outright denial. If the Commission were to deny the application without prejudice, that would only affect the applicant's right to come back before the Commission. The appeal right to the City Council would be the same, whether it's with or without prejudice. Chairman Dahlman explained his . Page 13 - CIty of Seal Besch PJ.omnmg Commission Mmutes of 9-7-94 comment on "leaving them in limbo", noting that if they accept the straight denial alternative they are signing a blank check, depending on what the Main Street Specific Plan says. If, after enactment of the Specific Plan, they don't like it, they're stuck with it. Mr. Whittenberg stated his opinion on Mr. Steele's comments by noting that if this application is a straight denial or if it's denied without prejudice, the applicants can still file an appeal to the Council within ten calendar days and the matter would still go to Council. By denying it without prejudice it allows them, if they decide not to file an appeal, to come back to the City with the exact same application within a year's time. Chairman Dahlman closed the Public Hearing. Commission Comments . Commissioner Sharp commented on the issue of special privilege. He said he had questioned Mr. Bartlett about the site's location because the store is not on Main Street, it's on the alley. Commissioner Sharp said the store faces the alley. It won't get any walk-in traffic unless the people walk through the nursery, therefore any kind of a business without appointments would fail. The businesses which directly front onto Main Street have the chance of getting customers who are walking by. The average person wouldn't know The Ivy was in the back and it is doubtful The Ivy could get enough signage to let people know of its existence. Therefore, he didn't feel the Commission would be granting a special privilege and the Commission has the right to grant such a Variance to this type use. Chairman Dahlman rephrased Commissioner Sharp's remarks to clarify that because of the specific location on the alley that there is uniqueness here and that a retail use with two parking spaces would be likely to fail. Commissioner Law said she would like to see the Variance approved with the stipulation that the applicant's secure the parking off-site. Commissioner Campbell asked if this application would be subject to review at a later date? Chairman Dahlman asked if a Variance had priority over the Main Street Specific Plan? Mr. Steele said the Planning Commission could not make the Variance subject to further review although enforcement of the specific condition regarding parking would be subject to ongoing review by the Director of Development Services. . Commissioner Campbell said this use would be about the same land use intensity as the prior use, the antique store. Before you had one sales clerk and now you would have two operators. Because of this new application, the City's requiring a different number of parking spaces yet the overall intensity is supposed to be the same. She felt the intensity of the uses would be the same and this application is getting hung up on a technicality. Mr. Whittenberg said the Code is very specific that there one set of parking requirements for a retail use which is based on so many spaces for so many square feet of floor area. For this use, the parking is different by Code, and it requires one space for the operator plus one space for each chair that that operator . Page 13 - CIty of Seal Beacb Plannmg Conumssillll Mmutes of 9-7-94 comment on "leaving them in limbo", noting that if they accept the straight denial alternative they are signing a blank check, depending on what the Main Street Specific Plan says. If, after enactment of the Specific Plan, they don't like it, they're stuck with it. Mr. Whittenberg stated his opinion on Mr. Steele's comments by noting that if this application is a straight denial or if it's denied without prejudice, the applicants can still file an appeal to the Council within ten calendar days and the matter would still go to Council. By denying it without prejudice it allows them, if they decide not to file an appeal, to come back to the City with the exact same application within a year's time. Chairman Dahlman closed the Public Hearing. Commission Comments . Commissioner Sharp commented on the issue of special privilege. He said he had questioned Mr. Bartlett about the site's location because the store is not on Main Street, it's on the alley. Commissioner Sharp said the store faces the alley. It won't get any walk-in traffic unless the people walk through the nursery, therefore any kind of a business without appointments would fail. The businesses which directly front onto Main Street have the chance of getting customers who are walking by. The average person wouldn't know The Ivy was in the back and it is doubtful The Ivy could get enough signage to let people know of its existence. Therefore, he didn't feel the Commission would be granting a special privilege and the Commission has the right to grant such a Variance to this type use. Chairman Dahlman rephrased Commissioner Sharp's remarks to clarify that because of the specific location on the alley that there is uniqueness here and that a retail use with two parking spaces would be likely to fail. Commissioner Law said she would like to see the Variance approved with the stipulation that the applicant's secure the parking off-site. Commissioner Campbell asked if this application would be subject to review at a later date? Chairman Dahlman asked if a Variance had priority over the Main Street Specific Plan? Mr. Steele said the Planning Commission could not make the Variance subject to further review although enforcement of the specific condition regarding parking would be subject to ongoing review by the Director of Development Services. . Commissioner Campbell said this use would be about the same land use intensity as the prior use, the antique store. Before you had one sales clerk and now you would have two operators. Because of this new application, the City's requiring a different number of parking spaces yet the overall intensity is supposed to be the same. She felt the intensity of the uses would be the same and this application is getting hung up on a technicality. Mr. Whittenberg said the Code is very specific that there one set of parking requirements for a retail use which is based on so many spaces for so many square feet of floor area. For this use, the parking is different by Code, and it requires one space for the operator plus one space for each chair that that operator . Page 14 - City of Seal Beach PIaoniog ConUDlSSlon Mmutes of 9-7-94 has. Commissioner Campbell asked Mr. Whittenberg to explain the logic of this. Mr. Whittenberg said the assumption is that in retail uses the customer is in and out in a shorter time period than they are in a personal service use. Commissioner Brown said he would vote against this application because the property is over- built. It's already 22 parking spaces short. The owner's other properties are also short on parking. He didn't think the Commission could find a special circumstance for the property's being over-built. It would be a special privilege to allow them a Variance based on the fact that they're property is already over-built. He agreed with Mr. Stark that in effect the Commission would be selling the Variance. "We're saying, well we know you're property is over-built, we know you don't have adequate parking but for $3500 a space we'll let you do it". He felt the City should have a parking plan in action but we don't have one. He felt there's no real way to enforce the owners would walk to work. He also felt the hair salon would be an intensification of use over a retail store, explaining the hair salon could have people waiting in line. The residents of 8th Street and people from Jack In The Box were complaining there isn't enough parking there. He felt the best use for this property would be to make parking spaces of it as that's what it needs. He would like to see this denied without prejudice. . Chairman Dahlman said he was having a hard time understanding the complete uniqueness of this site despite Commissioner Sharp's comments. He was not convinced the other 991h % of Main Street shops wouldn't come in for a similar Variance. If this application had been a Conditional Use Permit, which most of the other parking fee collection mechanisms are associated with except Walt's Wharf, he might have been in favor of it. But he could not vote in favor of a Variance which would supersede any future planning it could be an end run around the future Main Street Specific Plan. Mr. Whittenberg said all of the in-lieu parking approval which have been granted by the City have been granted as part of a Variance applications for parking specifically. Chairman Dahlman said he knew that was the tendency before 1989 but since then that's been in minority. Mr. Whittenberg explained BJ's needed a CUP for alcohol and a Variance for parking. All of the in-lieu parking approvals have had a Variance involved in addition to other types of permits. Chairman Dahlman said liThe problem is that if we give a lot of Variances, as some towns do that, pretty soon we've written a whole new Code ... and the existing Code no longer applies to anybody. So in a case where it's not a unique use, the correct way to solve this problem is with something like the Main Street Specific Plan ". He agreed with Commissioner Brown in voting against this application. MOTION by Sharp; SECOND by Law to approve Variance 94-6, including the in-lieu parking fees of $3500 per delinquent two spaces and that it be required the affinn with the Director of Development Services that they are not driving to work. . MOTION FAILED: A YES: NOES: 2-3-0 Sharp, Law Dahlman, Brown, Campbell . Page IS - CIty of Seal Beach Planning Commission Mmutes of 9-7-94 . . MOTION by Brown; SECOND by Dahlman to deny Variance 94-6 without prejudice. MOTION CARRIED: A YES: NOES: 3-2-0 Dahlman, Brown, Campbell Sharp, Law Mr. Whittenberg advised the applicants that a ten calendar day appeal period to the City Council which will begin once the Resolution has been adopted, probably by September 21st. *** 9. Conditional Use Permit #94-6 Seal Beach Shopping Center on Pacific Coast Highway Staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department]. The applicants, Deborah Edwards and Susan Cooper, requested approval to establish a drive-thru espresso bar within the existing parking area of the Seal Beach Center (Pavilions Center). Commission Comments on Staff Report Commissioner Campbell asked why do they need to re-stripe the lot for six compact parking spaces if there is surplus of 144 parking spaces? Mr. Curtis said staff is concerned with the possible loss of a parking space because of the landscaping requirement staff is recommending. Staff felt re-striping could make up for that lost space. Chairman Dahlman felt that should be left up to the landlord and noted he would rather park in a standard sized space. Mr. Curtis said the Commission could determine that. Commissioner Brown said he would like Condition of Approval #3 reworded as it's vague. Mr. Curtis said the definition of a drive-thru restaurant was discussed at the last meeting and part of the discussion was that the food be prepared on site. Commissioner Brown said he would prefer to see this say IINo food is to be prepared on-sitell. Mr. Steele said the two concerns of this condition are food preparation on-site and food consumption on-site; two conditions could be created here. Public Hearinl: Ms. Fillmann stated a letter from Eric and Martha Smith, 233 15th Street, Seal Beach advising the Commission of their support for approval of this CUP had been received [Attached]. . Page 16 - Ct~ of Seal Beach P1anmng COOll11l881011 Mmulcs of 9-7-94 Persons Speaking in Favor Susan Cooper * 4573 Fir A venue. Seal Beach Ms. Cooper thanked the Commission for the zoning determination they previously received. She stated she and Debbie Edwards are local residents who pride themselves on the unique personality of this beach community. The concept for this espresso bar is intended to compliment the character of Seal Beach and bring tax revenue to the City. Nancy Grgas * 211 15th Street. Seal Beach Ms. Grgas stated she has known Debbie Edwards a long time and knows she is a hard worker and dependable. Debbie and Susan will run a wonderful business which will be a great asset to our business community. Elizabeth Nago * 205 3rd Street. Seal Beach Mrs. Nago introduced herself as a local resident and mother of five children. She humorously said she is a tired mother these days and looks forward to being perked up with a good espresso. . Persons Speaking in Op.position Mary Pitt * 1140 Coastline Drive. Seal Beach Ms. Pitt said she is a 28-year City resident, living at the corner of Balboa Drive, Bolsa Avenue and Coastline Drive. She said the trash and noise has steadily increased with each passing year. She asked in which section of the shopping center this drive-thru would be built? Mr. Curtis explained it would be by Denny's on the Pacific Coast Highway side. Ms. Pitt said that would alleviate some of the noise at her house. She urged the shopping center to increase its trash cleanup. Chairman Dahlman said one of this application's Conditions of Approval is that it submit a refuse disposal plan to Director Whittenberg for approval. He asked if she had suggestions for this plan? Ms. Pitt said she didn't have specific suggestions. Celeste Byrd * 4800 Candleberry A venue. Seal Beach Ms. Byrd spoke in favor of this application. She said she is an example of the type of person who plans to drive-thru this espresso and promised not to trash the neighborhood. Rebuttal . Debbie Edwards addressed the noise, trash and traffic comments which Ms. Pitt brought up. She indicated this is a drive-thru facility, not a destination. They will not generate new traffic, it will be pass-by traffic. There are coffee shops on Main Street to serve customers who wish to sit or walk around. They have spoken to the property owner about the trash and they do not . . . Page 17 - City of Seal Beach PIannmg COOI1D1SSIOI1 Minutes of 9-7-94 wish to be located in a center which is badly littered. The property owner is working with their personnel to resolve any littering issues. Regarding noise, their facility will not have a loudspeaker and she did not anticipate additional noise being generated. Chairman Dahlman closed the Public Hearing. Commission Comments MOTION by Brown; SECOND by Sharp to approve Conditional Use Pennit 94-6 with the following changes to the Conditions of Approval: 3. There shall be no food items prepared at the subject site or sold in a manner to be consumed on the subject site. (The original wording is deleted entirely). 6. (This condition is struck entirely and all Conditions are to be renumbered consecutively). 7. The applicant shall submit a refuse disposal plan to the Director of Development Services for review and approval prior to the issuance of building pennits. 8. The pennitted hours of operation shall be from 6:00 A.M. to 10:00 P.M. MOTION CARRIED: A YES: 5-0-0 Brown, Sharp, Dahlman, Campbell, Law Chairman Dahlman reminded the applicants that the approval is for one year at which time it will be reviewed by the Planning commission. MOTION by Brown; SECOND by Sharp to approve Resolution No. 94-39, which would approve conditional Use Pennit 94-6 subject to the changes noted in the previous Motion. MOTION CARRIED: A YES: 5-0-0 Brown, Sharp, Dahlman, Campbell, Law Chairman Dahlman explained the ten calendar day appeal period to the City Council begins tonight. STAFF CONCERNS There were no staff concerns. ..... Page 18 - City of Seal Beach PIannmg CommiSSion Mmutes of 9-7-94 COMMISSION CONCERNS Commissioner Brown said he attended the Planning Commissioners Workshop and received a good booklet which delineates what the Planning Commission does, how the order of business is conducted et cetera. He said he would like to see the Planning Commission prepare a booklet like this also. ADJOURNMENT Chairman Dahlman adjourned the meeting at 10:00 p.m. Respectfully Submitted, .~ a Fillmann Recording Secretary . APPROVAL: The Planning Commission Minutes of September 7, 1994 were approved on September co2} , 1994. ~ . . . . ~ Ii ErIc & Martha SmIth 233 75th Street Seal Beach, CalifornIa 90740 September 6, 1994 Planning Commission City of Seal Beach 211 8th Street Seal Beach, California 90740 RE: Support for Application for CUP for "The Daily Grind" Dear Planning Commissioners: We are unable to attend your public hearing this evening. However, we would like to express our support for the approval of the CUP application for "The Daily Grind" for the following reasons: 1. Our professions require us to commute to various areas of Southern California. Before taking to the freeways, we generally stop at a local establishment to obtain coffee. Unfortunately, parking and access to the local 7-11, the most convenient current stop, is difficult at best. Often, we must seek other establishments due to lack of parking, which requires additional time. Also, coffee at the other available stops tastes worse that the coffee we make at home. 2. A drive through establishment for coffee makes good sense since it would eliminate the need to compete for parking with other shoppers & consumers. 3. We do not believe that "The Daily Grind" would increase traffic because such an establishment is inherently geared to serve the local residents such as us. 4. We can think of no real negative impacts that would result from approval of this project. I urge all of you to vote in favor of this project. We very much look forward to having a local, convenient, gourmet coffee stop to ease our morning commutes. ~:";~4A- Eric & Martha Smith