HomeMy WebLinkAboutPC Min 1994-10-05
.
.
.'
'-
~ ..
.;
~.
CITY OF SEAL BEACH PLANNING COMMISSION
AGENDA of OCTOBER 5, 1994
7:30 P.M. * City Council Chambers
211 Eighth Street, Seal Beach, CA
Next Resolution: #94-43
1. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. APPROVAL OF AGENDA
By Motion of the Planning Commission, this is the time to:
(a)
(b)
(c)
Notify the public of any changes to the agenda;
Rearrange the order of the agenda; and/or
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 September 21, 1994.
2.
Approve Resolution Number 94-41
Approving Plan Review #94-6 with conditions
- Ane Cahill at 209 17th St.
.
.
.
"
.
"''',-
,. -
Page 2 - CIty of Seal Beach Plannmg Comnllssion Agenda for October 5, 1994
3.
Approve Resolution No. 94-42
Approving CUP #92-2 with conditions - Indefinte Extension, SeaSide Grill,
101 Main Street
VI.
PUBLIC HEARINGS
4.
Negative Declaration #94-1 [Continued 6/8/9 & 9/7/94]
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 (LDR) and to change the
zoning designation from O-E to LDR 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
VII.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
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 3 - City of Seal Beach Planning CommissIon Agenda for October 5, 1994
.
1994 AGENDA FORECAST
OCT 19
CUP 94-7
CITY DEADLINE~ SEP 14
Rockwell's Signage
NOV 09
CITY DEADLINE: OCT US
NOV 23
CITY DEADLINE:' OCT 19
DEe 07
CUP #93-13
CITY DEADLINE: NOV02
Papillon's @ 12 mos.lindef. exten. of entertainment.
DEC 21
CITY DEADLINE: NOV 16
STAFF REPORTS PENDING: NOT AGENDIZED
. . ZTA #92-2 City-wide policy statement on entertainment.
. Study Session re: Proposed Newsrack Ordinance.
.
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.
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
. OCT
NOV
DEC
.
.
Page 4 - CIty of Seal Beach P1annmg Conunission Agenda for October 5, 1994
1995
JAN
CUP #92-13/143 Main/Papillon's/12 mos entertainment
CUP #92-25/1400 PCH/Glider Inn/indefinite extension
CUP #94-1/600 Marina/Radisson 12 mos. ABC
Election of Chairman & Vice Chairman
Amortization Hearings @ 99 Marina Drive.
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.
.~
8
9
10
11
12
13
, .
CITY OF SEAL BEACH PLANNING COMMISSION
MINUTES of OCTOBER 5, 1994
3
4
The City of Seal Beach Planning Commission met in regular session at 7:30 p.m. with Chairman
Dahlman calling the meeting to order with the salute to the flag.
5
ROLL CALL
6
7
Present:
Chairman Dahlman
Commissioners Brown, Law Campbell
Also
Present:
Development Services Department:
Lee Whittenberg, Director
Barry Curtis, Administrative Assistant
Joan FiUmann, Executive Secretary
Craig Steele, Assistant City Attorney
Absent:
Commissioner Sharp
14 Without Commission objection, the Chair excused Commissioner Sharp's absence
15 as he is on vacation.
. AFFROV AL OF AGENDA
17 Mr. Steele requested the Minutes be extracted for discussion.
18 MOTION by Law; SECOND by Campbell to approve the October 5, 1994 agenda with the
19 Minutes extracted.
20
21
22
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Law, Campbell, Brown, Dahlman
Sharp
23 ORAL COMMUNICATIONS
24 There were no oral communications from the audience.
25 CONSENT CALENDAR
26 MOTION by Law; SECOND by Campbell to approve the Consent Calendar:
27
28
29
.
2.
Approve Resolution Number 94-41
Approving Plan Review #94-6 with conditions
- Ane Cahill at 209 17th St.
. .
Page 2 - CIty of Seal Beach Planning ConUlllSSIOO Mmutes of October 5, 1994
.1
2
3
3.
Approve Resolution No. 94-42
Approving CUP #92-2 with conditions - Indefinite Extension, SeaSide Grill,
101 Main Street
4
5
6
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Law, Campbell, Brown, Dahlman
Sharp
7 The following changes were made to the Minutes of September 21, 1994
8
9
10
11
12
13
Page 3:
Page 4:
Page 4:
Page 9:
Add "on" the property line
Delete (b) after ~65590
Add "t" to statutes
Remove "... present at the Commission meeting considering an hour's
extension... "
Add "er" to Commissioner
Page 9:
14 MOTION by Dahlman; SECOND by Brown to approve the Minutes with the corrections
15 as noted above.
16
e;
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Law, Campbell, Brown, Dahlman
Sharp
19 PUBLIC HEARINGS
20
21
22
4.
Negative Declaration #94-1 [Continued from 6/8/9 & 9/7/94]
General Plan Amendment #94-1(A)&(B)
Zone Change # 94-1
23
24
25
26
Address:
Applicant:
Property Owner:
99 and 101 Marina Dr.
City of Seal Beach
Exxon Corp., Unocal Corp., and City of Seal
Beach as Lessee.
27 Staff Report
28 Director Whittenberg delivered the staff report. [Staff report on file in the Planning
29 Department]. The City, as the applicant, requested to amend the Land Use and Housing
30 Elements of the City's General Plan to change the land use designation from Oil Extraction (0-
31 E) to Low Density Residential (LDR) and to change the zoning designation from O-E to LDR
32 on those portions of the site currently utilized for onshore oil separation facilities by Exxon and
33 Unocal as Lessee and on those portions of the site currently leased by the City of Seal Beach
.4 and utilized for park and recreation purposes. And sought approval through the adoption of:
.
7
8
9
10
11
12
13
14
15
16
17
<<
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
.
Page 3 - City of Seal ~ch Plannmg COllllll1SSIOO Mmutes of October 5, 1994
1
2
3
4
5
6
Resolution 94-35
Resolution 94-36
Approve Negative Declaration 94-1
Recommend City Council approval of General Plan
Amendment 94-l(A)
Recommend City Council approval of General Plan
Amendment 94-l(B)
Recommend City Council approval of Zone Change 94-1
Resolution 94-37
Resolution 94-38
As part of the General Plan amendment and Zone Change process, an amortization schedule will
be determined within one year for both oil separation facilities. The Zone Change ordinance
would require the facility operators to file a Conditional Use Permit (CUP) application with the
City within one year from the effective date of the Zone Change. The CUP process would
determine appropriate amortization schedules for the existing facilities.
Director Whittenberg said the Unocal Corporation has filed an additional application to the
California Coastal Commission to move all of their current and necessary on-shore equipment
to the ocean platform itself. That would allow Unocal to totally decommission the Unocal
facility at 99 Marina Drive. The application will be heard by the Coastal Commission next
week. Notices were sent to area residents.
Commission Comments on Staff Report
Chairman Dahlman asked if the City has a method to measure whether sufficient parks exist in
a specific area of the City? Mr. Whittenberg explained the General Plan's Land Use Element
and Recreation Element establish a goal of five (5) acres of parkland per 1000 persons of the
City. The City currently doesn't meet that overall goal but it would if the public beach were
counted as a park area. The City made a conscious decision not to include the beach as it's felt
to be more of a regional visitor serving facility than a local park facility to serve area residents.
The goal is City-wide, without specific numbers set for specific areas.
Public Hearing
No one in the audience wished to speak either for or against this application. Robert Province
from Unocal was present in the audience but said he had no comments.
Mrs. FiHmann stated written Notice was provided and no written communications had been
received.
Rita Strickroth * 343 Regatta Way. Seal Beach
Ms. Strickroth said she did not receive notification of Unocal's plans but would like to have a
copy of what was sent out. Mr. Whittenberg said the California Coastal Commission sent the
letters and he didn't know what their notification procedures were. Ms. Strickroth said she felt
many area residents would support Unocal's decision and would like to write letters in support
to the Coastal Commission.
.1
2
3
4
5
10
11
12
13
14
15
16
17
.~
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
"6
Page 4 - City of Seal Beach Plannmg ConmllsslOfi Mmutes of October 5, 1994
Bud Richardson * 334 Spinnaker Way. Seal Beach
Mr. Richardson said he received the letter from Unocal on their Coastal Commission request.
He had questions on what Unocal plans to do but felt they were answered by Director
Whittenberg's remarks. Chairman Dahlman suggested it might be helpful to review the Planning
Commission minutes on this subject.
6
7
8
9
Fred Shriner * 245 Electric A venue. Seal Beach
Mr. Shriner asked who will be responsible for the cleanup during the transition from oil
extraction to residential uses? He asked what defines the standard and what criteria set the
guidelines, who will be responsible to remove the pumps, tanks and who will clean up the soil?
Chairman Dahlman said since there is no change of ownership for this property the cleanup will
be the responsibility of the property owner. Mr. Whittenberg explained there are State and
County regulatory authorities who will review the site cleanup and equipment removal. These
are:
Division of Oil & Gas (State of California)
Department of Toxic Substance Control (State of California)
Orange County Health Care Agency (Orange County)
Regional Water Quality Control Board (State of California)
These agencies will provide soil reports and tests to ensure the soil is cleaned to the necessary
levels.
Mr. Shriner asked if there is a time limit that this property must be prepared for residential use?
Mr. Whittenberg said the Zone Change request, if approved by both the Planning Commission
and City Council, will establish a process requiring the oil separation facility operators to apply
for a CUP within one year.
Chairman Dahlman closed the Public Hearing.
Commission Review
Commissioner Campbell asked if the amount of parkland could be increased? Mr. Whittenberg
explained that part of this request is to retain the existing park area currently leased by the City
from Exxon. In addition, at the time a future property subdivision of this site is requested, the
City would require payment of a fee for additional recreation facilities to the City from the
developer based on the number of lots to be subdivided. When fifty or more lots are subdivided
the City requires a dedication of land to the City for additional park areas. This site is not large
enough to subdivide into fifty lots, so it would be a payment of fees based on the value of the
property. Commissioner Campbell said she is aware Marina Park is at that site but felt this is
an opportunity to get more recreation land.
Mr. Steele clarified that the legally appropriate time to extract more parkland is in the
subdivision process because at the Zone Change stage, if you changed some of this zoning to
.1
2
3
Page 5 - CIty of Sui Beach Planmng ComnllSSlOn Mmutes of October 5, 1994
provide for open space or parkland, you'd be taking the economically viable use of that property
and the City would then have to pay compensation for the particular piece of property rezoned.
In the subdivision stage, the developer trades off some of the land for the right to subdivide.
4
5
MOTION by Campbell; SECOND by Brown to adopt Resolution 94-35, approving Negative
Declaration 94-1.
6
7
8
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Campbell, Brown, Law, Dahhnan
Sharp
9 ***
10 MOTION by Campbell; SECOND by Brown to adopt Resolution 94-36 recommending City
11 Council approval of General Plan Amendment 94-1 (A).
12
13
14
.
16
17
18
19
20
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Campbell, Brown, Law, Dahhnan
Sharp
***
MOTION by Campbell; SECOND by Brown to adopt Resolution 94-37, recommending City
Council approval of General Plan Amendment 94-l(B)
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Campbell, Brown, Law, Dahlman
Sharp
21 ***
22 MOTION by Campbell; SECOND by Law to adopt Resolution 94-38, recommending City
23 Council approval of Zone Change 94-1
24
25
26
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Campbell, Brown, Law, Dahlman
Sharp
27 Mr. Whittenberg stated there are required Public Hearings on the General Plan amendment and
28 the Zone Change at the City Council. These will probably be scheduled in early November.
.
e1
2
9
10
11
12
13
14
15
16
~i
20
21
22
23
24
25
26
27
e
, ..
Page 6 - CIty of SeJ11 BeJ1ch PlalUlIng Conmllssion Mmuteq of October 5. 1994
STAFF CONCERNS
There were no staff concerns.
3
COMMISSION CONCERNS
4
5
6
7
8
Gate College Park West
Chairman Dahlman asked if there were comments on the proposal to gate College Park West?
Mr. Whittenberg said this proposal would not require Planning Commission review but would
require formal action by the City Council. For any action of this type to occur, it would involve
a multi-step process at the Council level.
Recreation Facilities
Commissioner Law asked if the many Leisure World recreation facilities were counted in the
parkland ratios? Mr. Whittenberg said he would have to review the General Plan elements to
see if Leisure World's recreation areas were included.
Vote on Resolutions vs. Vote to Approve Resolutions
Commissioner Brown asked for clarification on which vote is recorded on a resolution, is it the
vote taken at the meeting the item is agendized or the vote to approve the resolution, usually at
the next meeting on the Consent Calendar? Mr. Steele said the October 19th Agenda would
contain procedural information on this issue. Traditionally, the first vote is a direction to staff
to prepare a resolution under certain terms. The second vote is the recorded vote on the
resolution and is the final vote and the final action of the Commission. If a Commissioner wants
to vote "no" on a resolution, the resolution should be extracted from the Consent Calendar and
voted on separately.
ADJOURNMENT
Chairman Dahlman adjourned the meeting at 8:05 p.m.
Respectfully Submitted:
~~~~--
-+t..
APPROVAL: The October 5th Planning Commission Minutes were approved on I q October
1994. "* -