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HomeMy WebLinkAboutPC Min 1995-04-05 f.r -.-. . . . . .. CITY OF SEAL BEACH PLANNING COMMISSION AGENDA of APRIL 5, 1995 7:30 P.M. * City Council Chambers 211 Eighth Street. Seal Beach, CA Next Resolution: #95-7 I. PLEDGE OF ALLEGIANCE n. ROLL CALL m. 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 March 22, 1995 2. Receive and File: City Council Staff Report re "Agency Response Letter re 'Redevelopment After Refonn: A Preliminary Look', prepared by Legislative Analyst's Office", dated March 27, 1995. The City of Seal Beach complies with the Americans With Disab1lil1es Act of 1990. If you require special nssisl1u1ce to Ilttend or pnrtiCipllte in this meetmg, p1ense telephone the City Cleric's Office lit (310) 431-2527 lit lenst 48 hours prior to the meeting. . . . Page 2 - City of Sea1 BeAch Planning Conunissioo Agenda · 3/8/95 3. Receive and File: City Council Staff Report re "Pinal EA/IS - Los Alamitos AFRC lP-S Fuel Storage Facility", dated March 27, 1995. 4. Receive and File: City Council Staff Report re "Seal Beach Naval Weapons Station - Installation Restoration Program - Draft Pinal Remedial Investigation Report: Sites 1, 7, 19 and 22", dated March 27, 1995. 5. Receive and File: City Council Staff Report re "Seal Beach Naval Weapons Station - Installation Restoration Program - Draft National Wildlife Refuge Study Report", dated March 27, 1995. 6. Receive and File: City Council Staff Report re "Attainment of Federal Nitrogen Dioxide Standards", dated March 27, 1995. 7. Minor Plan Review 95-1 Address: Applicant: Property Owner: Request: Recommendation: VI. PUBLIC HEARINGS 8. Height Variation 95-2 Address: Applicant: Property Owners: Request: Recommendation: 8 Cottonwood Lane Paul Jeffers Bill Dawson Architectural review for a proposed two-story cabana. Approve MPR 95-1 Subject to Conditions and Adopt Resolution No. 95- . 1307 - 1307% Seal Way Jim Schmidt, Architect Don and Suzanne Ruth Request to construct a CRAS in excess of the height limit. Approve HV 95-2 Subject to Conditions and Adopt Resolution No. 95-_. The City of Seal BeAch complies with the AmeriCllllS With Disabilities Act of 1990 If you require specinlllSSistance to attend or ptuticipate in this meeting, p1eaae telephooe the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. . . . Page 3 - City of Se4I Beach Plnnning Conunission Agenda · 3/8/95 9. Conditional Use Permit 95-1 Address: 1013 Pacific Coast Highway Business: Pietro's Pizza Kitchen Applicants: Moe Bonakdar & C. Bruce Sickenger Property Owner: Jerome Moss Request: Change in Permitted Hours of Operation in Conjunction with On-Premise Alcohol Sales. Recommendation: Approve CUP 95-1 Subject to Conditions and Approve Resolution No. 95-_. VII. STAFF CONCERNS 10. Bixby Continued Public Hearing at North Seal Beach Community Center Oral Report by Assistant City Attorney in Response to Planning Commission Questions of March 22, 1995. VITI. COMMISSION CONCERN.s IX. ADJOURNMENJ: The city of Se4I Beach complies with the Americans With Di811bilities 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 4 - Cily of Seal Beach Planning Commission Agenda · 3/8/95 . 1995 AGENDA FORECAST APR 19 CUP 95-2: Holy Family Church, 13900 Church Place MA Y 03 (Tentative) Review Bixby EIR with: General Plan Amendment Zone Change Vesting Tentative Tract Map MAY 17 JUN 07 JUN 21 WL05 WL 19 AUG 09 AUG 23 SEP 06 . SEP 20 OCT 04 OCT 18 NOV 08 NOV 22 DEC 06 DEC 20 1996: IAN FEB MAR Election of Chairman & Vice Chairman CUP #94-1/600 MarinaJRadisson 12 mos. ABC . 1bc Cily of Seal Beach complies with the AmeriClll1s With DlSllbllJties Act of 1990. If you require special assistance to attend or pnrucipate in this mcctmg, p1cuc telephone the City Clerk's Office at (310) 431-2527 at lenst 48 hours prior to the meeting. . . . Page 1 - City of Seal Beach P1anning Coounission Minutes of Apnl 5, 1995 CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of APRIL 5, 1995 I. PLEDGE OF ALLEGIANCE The City of Seal Beach Planning Commission met in regular session at 7:30 p.m. with Vice Chairman Campbell calling the meeting to order with the Salute to the Flag. n. ROLL CALL Present: Commissioners Campbell, Law and Sharp Also Present: Department of Development Services Lee Whittenberg, Director Barry Curtis, Administrative Assistant Craig Steele, Assistant City Attorney Absent: Chairman Dahlman Commissioner Brown Joan Fillmann, Executive Secretary Ill. APPROVAL OF AGENDA MOTION by Sharp; SECOND by Law to approve the Planning Commission Agenda of April 5, 1995 as presented. MOTION CARRIED: A YES: ABSENT: 3-0-2 Law, Sharp, Campbell Dahlman, Brown IV. ORAL COMMUNICATIONS There were no oral communications from the audience. V. CONSENT CALENDAR MOTION by Sharp; SECOND by Law to approve the Consent Calendar as follows: 1. Approve Minutes of March 22, 1995 2. Receive and File: City Council Staff Report re "Agency Response Letter re 'Redevelopment After Refonn: A Preliminary Look', prepared by Legislative Analyst's Office ", dated March 27, 1995. . . . Page 2 - Cil)' of Seal Beach Planning Commission Minutes of April S, 1995 3. Receive and File: City Council Staff Report re "Final EA/IS - Los Alamitos AFRC JP-S Fuel Storage Facility", dated March 27, 1995. 4. Receive and File: City Council Staff Report re "Seal Beach Naval Weapons Station -Installation Restoration Program - Draft Final Remedial Investigation Report: Sites 1, 7, 19 and 22", dated March 27, 1995. 5. Receive and File: City Council Staff Report re "Seal Beach Naval Weapons Station - Installation Restoration Program - Draft National Wildlife Refuge Study Report", dated March 27, 1995. 6. Receive and File: City Council Staff Report re "Attainment of Federal Nitrogen Dioxide Standards", dated March 27, 1995. 7. Minor Plan Review 95-1 Address: Applicant: Property Owner: Request: 8 Cottonwood Lane Paul Jeffers Bill Dawson Architectural review for a proposed two-story cabana. Approve MPR 95-1 Subject to Conditions and Adopt Resolution No. 95-7. Recommendation: Mr. Steel indicated the adoption of Resolution 95-7 is the final Planning Commission action and starts the ten calendar day appeal period. MOTION CARRIED: A YES: ABSENT: 3-0-2 Law, Sharp, Campbell Brown, Dahlman . . . Page 3 - City of Seal Beach Planning Commission Minutes of April 5. 1995 VI. PUBLIC HEARIN.GS 8. Height Variation 95-2 Address: Applicant: Property Owners: 1307 - 1307% Seal Way Jim Schmidt, Architect Don and Suzanne Ruth Staff Report Mr. Curtis delivered the staff report. [Staff Report on file in the Planning Department]. The applicants, Don and Suzanne Ruth, request approval to construct a CRAS in excess of the height limit. The proposed CRAS would enclose an existing exterior stairwell to a third floor roof deck. It would exceed the maximum horizontal dimensions for a CRAS. No written or verbal comments have been received by staff. Staff recommended the Planning Commission approve HV 95-2 subject to conditions and adopt Resolution No. 95-9. Commission Comments on Staff Report Commissioner Sharp asked about shortening the length. Mr. Curtis explained that to shorten the length, a new stairway would have to be built. Vice Chairman Campbell asked how the applicants could achieve less coverage, a smaller CRAS without taking down the stairs? Mr. Curtis said they couldn't without reconstructing the staircase. Public Hearing Vice Chairman Campbell declared the Public Hearing open. The applicant was present but did not wish to speak. There were no other public comments; there was no rebuttal. The Public Hearing was closed. Commission Comments Commissioner Law asked what the CRAS roof would be covered with. Mr. Schmidt said the roof should be stucco as the building is half stucco and half wood and the flat portions of the building have stucco on them. Vice Chairman Campbell said that requiring the applicant to tear down a stairwell would be a hardship. MOTION by Sharp; SECOND by Law to approve Height Variation 95-2, to include the Conditions of Approval as presented in the Staff Report. MOTION CARRIED: A YES: ABSENT: 3-0-2 Law, Sharp, Campbell Brown, Dahlman . . . Page 4 - City of Seal Beach Plnnning Coounission Mmule8 of AprilS. 1995 Staff will prepare a resolution for consideration at the April 19, 1995 meeting. Mr. Whittenberg explained the applicant's appeal rights. 9. Conditional Use Permit 95-1 Address: 1013 Pacific Coast Highway Business: Pietro's Pizza Kitchen Applicants: Moe Bonakdar & C. Bruce Sickenger Property Owner: Jerome Moss Staff Report Mr. Curtis presented the Staff Report. [Staff Report on file in the Planning Department]. The applicants request a change in their permitted hours of operation in conjunction with on-premise alcohol sales. Staff recommended approval of CUP 95-1 subject to 23 Conditions of Approval. No written or oral communications have been received by staff. Commission Comments on Staff Report Vice Chairman Campbell asked if this is a change in ownership? Mr. Curtis said yes. This is not a new ABC license but a transfer of an existing license. Public Hearing The Public Hearing was opened. Mae Bonakdar * Applicant Commissioner Sharp asked the applicant if he had read all the Conditions of Approval and understood them? Mr. Bonakdar said yes. Bruce Sickenger * Applicant Mr. Sickenger introduced himself as the new owner of Pietro's Pizza Kitchen. He said he has read the Conditions of Approval and if those are the standard conditions he will honor them, he is only seeking a level playing field in his immediate market area. No one wished to speak for or against the application and the Public Hearing was closed. Commission Comments Commissioner Sharp said he was in favor of approving this application due to the location of Pietro's, in a shopping center. There would be other questions and considerations if it were on Main Street. MOTION by Sharp; SECOND by Law to approve Conditional Use Permit 95-1 through the adoption of Resolution No. 95-8. MOTION CARRIED: A YES: ABSENT: 3-0-2 Law, Sharp, Campbell Brown, Dahlman . . . Page S - City of Se4J Beach Plnnning Commission Minutes of April S, 1995 Mr. Steele indicated that with the adoption of Resolution No. 95-8 it is the Commission's final action and thus begins the ten calendar day appeal period. VIT. STAFF CONCERNS 10. Bixby Continued Public Hearing at North Seal Beach Community Center Oral Report by Assistant City Attorney in Response to Planning Commission Questions of March 22, 1995. Mr. Steele said that he and Quinn Barrow sincerely appreciate the Planning Commission's diligence and concern on due process issues. He explained due process by stating that everybody who comes before the City's Planning Commission, whether the applicant, proponent, opponent or public personage, are entitled to two things --- notice and a fair hearing before an impartial decision maker. They are entitled to know what the Planning Commission is going to consider before they talk about it; this is staff s responsibility. Staff publishes and mails the Notices and posts the Agenda. They are entitled to know that every issue that comes before the Commission is being considered with an open mind. The City Attorney's Office is not so concerned with the location of the meeting as they are that the due process components are complied with. He said he polled all the attorneys in the City Attorney's Office to see if anyone of them had a due process concern on this issue, moving the meeting to a remote location. They all agreed that if the two due process components are complied with they had no problems with moving the meeting. Mr. Whittenberg said staff, at the Commission's prior request, contacted the Bixby Ranch Co. to see if they had any concerns with holding a meeting at the North Seal Beach Community Center. They had no objections. Commissioner Law said she objected to the extra monies being spent to hold the meeting away from City Hall. Commissioner Sharp said Bixby will pay all the costs. Vice Chairman Campbell said Comcast will not charge the City for their programming. Vice Chairman Campbell explained that the first Commission meeting on Bixby will be held at City Hall and adjourned to the following Wednesday night at the NSBCC. The next meeting will be held the following Wednesday night at City Hall; three meetings on three consecutive Wednesday nights. All deliberations and voting will be televised live. It is anticipated there will be three or four Public Hearings on the Bixby proposal at the Planning Commission level. Commissioner Sharp asked if staff could take good chairs to the NSBCC and not use card table chairs. . . . Page 6 - City of Sca1 Beach Planning COII1D1ission Minutes of Apr.1 5. 1995 VIII. COMMISSION CONCERNS Vice Chairman Campbell asked the status of her query on Noticing tenants as well as property owners? Mr. Steele said staff has requested he prepare a written report for the Commission but he has not gotten it done yet; it will be on the April 19th Agenda. Commissioner Sharp said he would not be attending the April 19th meeting. IX. ADJOURNMENT Vice Chairman Campbell adjourned the meeting at 8:00 p.m. Respectfully Submitted, ~OJ- '~0-rI'--" Jo Fillmann Executive Secretary NOTE: Minutes were transcribed from an audio tape as secretary was absent. APPROV AL: The Planning Commission Minutes of April 5, 1995 were approved on ;f - I q 1995. *