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HomeMy WebLinkAboutPC Min 1995-04-19 '7 . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA of APRIL 19, 1995 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #95-9 I. PLEDGE OF ALLEGIANCE II. ROLL CALL ill. APPROVAL OF AGENM 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 April 5, 1995 2. Adoption of Resolution 95-9 Approving Height Variation 95-2, permitting the Construction of a Covered Roof Access Structure at 1307 Seal Way. The city of Seal Beach Complies with the Americans With Disabilities Act of 1990. If you require special ASsistance to attend Of participate in this meeting, . please telephooe the City Clerk's Office at (310) 431-2527 at least 48 hOUfS priof to the meeting. . . . Page 2 - City of Se4J Beach Planning Commission * Agenda for April 19, 1995 VI. VIT. VITI. IX. 3. Receive and File: Staff Report re "Housing Element Fair Share allocation Process: The Small City Perspective" dated April 19, 1995. 4. Receive and File: Memorandum from Lee Whittenberg, dated April 12, 1995, "Comments re: 'Draft Final Remedial Investigation Report", dated December 31, 1994". PUBLIC HEARINGS 5. Conditional Use Permit 95-2 Address: 13900 Church Place Business: Holy Family Church Applicant: Holy Family Church/John Ahern, Architect Roman Catholic Bishop of Orange To operate a church within the Service Commercial zone (C-l) within Leisure World. This application has been filed in response to City Ordinance 1448. Property Owner: Request: STAFF CONCERNS 6. Presentation by City Attorney's Office on Noticing Tenants as well as Property Owners. COMMISSION CONCERNS ADJOURNMENT The City of Se4J Beach Complies With the Americlllls With DiSllbilities Act of J 990. If you reqUIte specUlI assistJlnce to attend or participate in this meeting, please telephone the City Cleric's Office at (310) 431-2527 at least 48 boors prior to the meeting. . . . Page 3 - City of Seal Beach Planning CommissiOQ · Agenda for April 19, 1995 1995 AGENDA FORECAST MA Y 03 V AR 95-1/121 Main St./Irisher Cocktail Lounge MA Y 17 City Council Chambers Review Bixby EIR with General Plan Amendment Zone Change Vesting Tentative Tract Map MAY 24 North Seal Beach Community Center Continued Meeting for Continued Review of Bixby Project JUN 07 City Council Chambers Continued Revie'Y of Bixby Project JUN 21 JUL 05 Election of Chairman & Vice Chairman JUL 19 AUG 09 AUG 23 SEP 06 SEP 20 OCT 04 OCT 18 NOV 08 NOV 22 DEC 06 DEC 20 The City of Seal Beach Complies With the Amenclll1s With DiSllbilities Act of 1990 If you require special Assistllllce to attend or pmcipatc m this me<:ting, p1ense tclephooc the City Cleric's Office at (310) 431-2527 at least 48 hours prior to the meeting. - . . . Page 4 - City of Seal Beach PInnning Commissioo · Agenda for April 19, 1995 1996: JAN FEB MAR APR CUP 94-1/600 MarinaJRadisson CUP 95-1/1013 PCR/Pietro's 12 mos. ABC 12 mos. hours. The City of Seal Beach Complies with the Americans With DisabilitJes Act of 1990. If you require spednl assistance to attrod or participate in this meeting, please telephooe the City Cleric's Office at (310) 431-2527 at least 48 hours prior to the meeting. CITY OF SEAL BEACH PLANNING COMMISSION . MINUTES of APRIL 19, 1995 FLEDGE OF ALLEGIANCE 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. ROLL CALL Present: Chairman Dahlman Commissioners Law, Campbell, Brown Also Present: De1>artment of Development Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary Absent: Commissioner Sharp Without Commission objection Commissioner Sharp's absence was excused. . AFFROV AL OF AGENDA Chairman Dahlman noted he and Commissioner Brown were absent from the April 5th meeting and therefore, their yes vote on a motion to approve the Agenda would indicate an abstention from approval of the April 5th Minutes. Mr. Steele indicated Consent Calendar item #2, Resolution 95-9, must be extracted and continued it until the May 3rd meeting. MOTION by Campbell; SECOND by Law to approve the Agenda. MOTION CARRIED: A YES: ABSENT: 4-0-1 Campbell, Law, Dahlman, Brown Sharp ORAL COMMUNICATIONS There were no oral communications. CONSENT CALENDAR MOTION by Law; SECOND by Campbell to approve the Consent Calendar with item #2 continued to the May 3, 1995 meeting. . . . . Page 2 - Cily of Seal Beach Planning CommiS81on Minutes of April 19. 1995 MOTION CARRIED: AYES: ABSENT: 4-0-1 Campbell~ Law ~ Dahlman~ Brown Sharp 1. Approve Minutes of April 5~ 1995 3. Receive and File: Staff Report re "Housing Element Fair Share allocation Process: The Small City Perspective" dated April 19, 1995. 4. Receive and File: Memorandum from Lee Whittenberg~ dated April 12~ 1995~ "Comments re: 'Draft Final Remedial Investigation Report", dated December 31, 1994". MOTION by Law; SECOND by Campbell to continue item #2, Adoption of Resolution 95-9 Approving Height Variation 95-2, pennitting the Construction of a Covered Roof Access Structure at 1307 Seal Way to the May 3, 1995 meeting. MOTION CARRIED: A YES: ABSENT: 4-0-1 Campbell, Law, Dahlman, Brown Sharp PUBLIC HEARIN:GS 5. Conditional Use Permit 95-2 Address: 13900 Church Place Business: Holy Family Church Applicant: Holy Family Church/John Ahern, Architect Property Owner: Roman Catholic Bishop of Orange Staff Report Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department]. The applicant, Holy Family Church, requested permission to operate a church within the Service Commercial zone (C-l) within Leisure World. Mr. Curtis explained this request was brought before the Planning Commission as a result of Ordinance 1448; this church was not notified it needed a Conditional Use Permit (CUP) some time ago. The applicant's architect, John Ahem, recently approached the City with a request to remodel the rectory. While reviewing that request it was determined the church had never had a CUP and needed to obtain one. No written or oral communications have been received by the City regarding this application. . . . PIlgC 3 - City of Seal Beach Planning Commission Mmutes of April 19, 1995 Commission Ouestions on Staff Report Mr. Steele said that this property is located within Leisure World and there have been questions regarding conflict of interest for the Planning Commissioners who live in Leisure World. This application is different because the Golden Rain Foundation does not own this property, so the question of stock ownership in the Golden Rain Foundation does not exist. Also, since Commissioner Law's home is not within 300' of the subject site, the City Attorney's Office believes no conflict of interest is present for Commissioner Law. Commissioner Law stated her home is not within 300' and she does not feel she has a conflict of interest. Commissioner Brown asked why the applicant was not requesting a parking Variance when a parking shortage exists? Mr. Curtis explained Leisure World is a Planned Unit Development (PUD) and at the time it was developed, this church was considered to meet parking requirements for several reasons --- transit within Leisure World, localized parking, car pooling, proximity to homes. Commissioner Law said Leisure World does not have parking problems because everyone has a parking space for their cars and they use them. Only rarely are cars seen parked on the street. Commissioner Brown said he was not questioning whether or not a parking problem exists, he was questioning the fact that the church does not meet the municipal Code's parking requirements. He said that if someone were to build a new church, they would have to obtain a parking Variance. Chairman Dahlman said the staff report did not make it clear whether this CUP also authorizes the rectory remodel. Mr. Curtis said the rectory remodel is considered as work to a residence which is adjoined to a church and it does meet the parking requirements for a residence --- two covered parking spaces. Therefore, the remodel does not require a Variance. Mr. Whittenberg indicated Condition of Approval #3 would include the rectory remodel. Commissioner Brown asked if the Commission is approving the remodeling work to be done or just discussing the CUP for the church? He noted building plans were provided but with no comments in the staff report. Mr. Curtis explained the Commission is considering a CUP for the church and not the remodel. There is no need for discussion on building permits for the remodel. Public Hearing John Ahem. Architect (No Address Given) Mr. Ahem said he is an architect employed by Holy Family Church. Mr. Ahem said he did not receive a copy of the staff report. The secretary explained the materials were mailed to the church. He indicated minor changes to the rectory are sought. They want to reorganize internal space, relocate a bathroom, add a single car garage, enlarge the living room and change the flat roof to a gable roof. Mr. Ahem said the rectory is primarily a residence but at times small meetings are held there. . Page 4 - City of Seal Beach I'1annin2 Commissioo Minutes of April 19, 1995 With no one wishing to speak either in favor of or against this application, the Public Hearing was closed. Commission Comments Commissioner Law reiterated her comments on the lack of parking problems. Mr. Whittenberg said Leisure World technically does not have the same parking requirements as the rest of Seal Beach. As a PUD it has a separate set of standards/criteria for the entire development which were approved through Orange County. Those approvals are still in effect. MOTION by Campbell; SECOND by Brown to approve Resolution 95-10, approving Conditional Use Pennit 95-2, subject to Conditions. MOTION CARRIED: A YES: ABSENT: 4-0-1 Campbell, Brown, Law, Dahlman Sharp Mr. Steele said that with the approval of Resolution 95-10, the Commission's action is final and the ten calendar day appeal period begins tomorrow. . RECESS: A five minute recess as taken at 7:51 p.m. and reconvened at 7:56 p.m. . STAFF CONCERNS 6. Presentation by City Attorney's Office on Noticing Tenants as well as Property Owners. Mr. Steele said two meetings ago the Commission asked whether the Planning Commission or the City could require that in addition to Noticing property owners within 300' of a specific project the City could also Notice tenants. The City has adopted the Government Code requirements for Noticing regarding Conditional Use Permits, Variances and common discretionary permits. The Government Code provides that a city must provide Notice to property owners but it can go further than that if it wants to --- it can establish any additional requirements it deems to be in the public interest. The City's municipal Code specifies Notice must be sent to property owners within 300'. If the City is going to change that the Code must be changed. If deemed appropriate, the Commission should make a recommendation to the City Council. Chairman Dahlman said that short of amending the Code, an alternative would be to budget for the additional Noticing and establish a policy. Mr. Steele said the Code is divided by type of . . . Page 5 - City of Seal Beach Plnnning ConuniSBioo Minutes of April 19, 1995 project, with certain types of projects requiring Notice to property owners. Other applications need only posted Noticing. Commissioner Campbell said she would like to see Noticing of tenants approved City-wide as it applies to all parts of the City although most of it would occur in Old Town. Commissioner Law agreed, noting you can only rent for three months at a time in Leisure World. Mr. Whittenberg explained the process staff goes through when Noticing. The municipal Code requires Noticing to property owners as listed in the last equalized County assessment roll. This occasionally involves Noticing a person who no longer owns a property. If the Code were changed to include tenants, the Commission would effectively double the number of Notices because staff would then mail a Notice to every occupant of every address within whatever area is determined appropriate. Staff has no way to know whether a particular unit is occupied by the person who is paying the tax bill as shown on the Orange County Assessor's roll. Chairman Dahlman said staff would have to have its computers compare the addresses and eliminate the duplication. Mr. Whittenberg said the Notices would sent out to the owners as shown in the Assessment roll and then also send out a Notice to every address within the boundaries as determined appropriate by the Commission. Commissioner Brown asked how many addresses in the Main Street area would that involve? Mr. Curtis said about 100 to 150. If occupants were included it would be about 200. Mr. Whittenberg said all the costs would be borne by the applicant. The cost to the City would be the extra time involved to xerox, fold, stuff and mail envelopes. He said "You can charge for time but after awhile we run out of how much time we have to do things". Commissioner Brown said it is especially important to Notice tenants in the Old Town area but it may not be necessary in College Park East, Leisure World and the Hill. Commissioner Campbell asked Mr. Whittenberg how many Notices, in the past year, have gone out outside of Old Town? Mr. Whittenberg said he did not know off-hand but could review the case ftles. Staff could provide that at the next meeting. Commissioner Campbell said that she would like to see the Noticing of tenants done City-wide, noting it may be unfair to Notice only one area of the City. Chairman Dahlman said some residents may object to receiving two Notices. Mr. Whittenberg said the Notice to tenants could be structured to indicate this is an additional Noticing requirement that the City has imposed. Chairman Dahlman said typical PC data base systems can compare mailing addresses. Mr. Whittenberg said the Notice sent to a property owner is based on the property owner as of March 31 st of a certain year --- that is when the Orange County Tax Assessor's roll is equalized. Staff has no way of knowing if that property owner is living in that unit. Commissioner Campbell said that's why it is so important the tenant be Noticed --- the tenant is there. Mr. Whittenberg explained that there is no easy way to weed Page 6 - City of Senl Beach Planning Commission Minutes of Apri119, 1995 . out Notices to people who are shown on the Assessor's roll as owning the property and still in fact live in that unit. Mrs. FiHmann said that when staff prepares a 300' radius map, to prepare a Notice mailing list, the Orange County Assessor's maps show only one square, it doesn't show there are, for example, ten apartments on that site. The City does not have a data base which shows us those apartments. Staff would have to walk the various streets to see how many apartments are there. Mr. Whittenberg said the applicant would have to walk the streets to check on the apartments. . Commissioner Brown said the City has no idea how many apartments are in it? Mr. Whittenberg said staff has no addressing system at this point to do that; lots of cities are in the same situation. He said the City is in the process of getting a system that will provide that but to set it up takes a tremendous amount of time. Commissioner Brown said "I really find that incredible that the City has no idea how many apartment units are on a property". Mr. Whittenberg said the City does know, but a person would have to go to the building records for that particular address and look up the building permit to see how many units are issued. The Orange County Assessor records do not provide the number of units on a property, let alone the addresses of those units. Various apartment complexes use various numbering systems. An individual applicant would have to go out and generate that list and provide it to the City. Commissioner Brown said there are several commercial services that would provide those type of lists. Mr. Whittenberg agreed but the City can't pay for that and keep it updated. Commissioner Brown said he didn't think it would cost that much. Mr. Curtis said it would cost $30,000, about $2 per address for the 14,000 addresses in the City. Mr. Curtis said the Planning Department has a paper file of what's at every address in the City. Commissioner Campbell asked if there weren't something available on the Internet where you could call into one of the County agencies? Mr. Whittenberg said there are a number of private companies that will do that type of work and charge applicants fees to do that. That is how our current property ownership lists are generated. The applicants usually go to a title company or a firm that specializes in Notice preparation and pay for that service. Orange County does not have a list with every address on every parcel. Voter registrant rolls don't give addresses for every parcel, it may give addresses of homes where persons are registered to vote. Commissioner Brown said "I'm stunned that the City doesn't have a list of the dwelling units". Mr. Whittenberg said it does have a paper list which must be correlated to an area map. It would be a lengthy process. Commissioner Brown questioned the veracity of a list prepared by any applicant. Mr. Whittenberg replied there is an amount of trust you have to take. He said applicants are required to provide Noticing lists for the Department of Alcoholic Beverage Control, the California Coastal Commission etc. He added the City won't have a way to generate those lists for another year or two. Commissioner Brown said he would definitely like to have the ~ changed with the hope it would encourage the City to get such a data base. He didn't think it would be that difficult to do and felt citizen volunteers would do the project. Mr. Whittenberg said a problem with the data base is that you have to be able to relate that back . Page 7 - Ct1y of Se41 Beach Planning Conunission Minutes of Apn119, 1995 . to parcels and then radius areas. Commissioner Brown said he could work with Mr. Curtis on how to do this. Commissioner Campbell asked about ABC's process. Mr. Whittenberg said ABC requires its applicants to Notice tenants and they require the applicants to provide that list. Mr. Whittenberg said the ~ requires a Notice to go to every property owner within 300' radius from the exterior boundary of a parcel; each parcel is different. The radius therefore differs from lot to lot due to size of the lots. Mr. Curtis said this is actually not done through a data base, it's done through a Geographic Information System (GIS). The GIS ties the data base to digitized coordinates. The Planning Department does have the system but this year the Department is budgeting monies to pay for the data to put into the system. That would digitize every property in Seal Beach, including the buildings on the property and get the street and address system for the City built into that digitized plat map of the City. The housing data can be down loaded in a few minutes, the problem is getting the properties digitized. It's a matter of money. It can't be done with just a data base. When ABC and the Coastal Commission do Noticing for 100', 300' and 500' radius they look at individual units in apartment complexes and exclude those not within the radius. The City has a computer program to do what it wants but it does not have the staffing and funding to pay for someone to do the digitizing; 70% - 80% of Orange County cities are in this position. . Mr. Curtis said if an applicant were to intentionally not include certain addresses that could have ramifications on the project approval. The City mails out the Notice but the applicants provide the labels. The applicant's deposit of $250 is for preparation of the staff report, the Commission's time, the City Attorney's and staffs time in attending the meeting. If it comes to more than $250 the applicant would owe the City and if it is less, the applicant would get a refund. Typically it has been slightly more than $250 and this additional Noticing would bring the price up an additional $100 - $200. Most professional services charge $1 per address to do the canvassing. Commissioner Law said she doubted there would ever be a problem with Noticing in Leisure World. For example, tonight's application for Holy Family Church involved Noticing each individual mutual within 300', any other property owners within 300' and the Golden Rain Foundation. Just the mutual not the individual residents; Commissioner Law said that process was all right with her. Mr. Whittenberg said he wanted to let the Commission know this is not impossible to accomplish but that it would take more time and money. Commissioner Brown said he was well aware it would triple the number of outgoing Notices but said the vast majority of the units are apartments where there's an absentee owner and the occupants are renters. "It's just not fair for them to not be Noticed about these types of things". . Commissioner Campbell asked if would be possible to have the Noticing of tenants be just for . . . Page 8 - City of Seal Beach Planning Commission Minutes of April 19, 1995 Old Town and when the GIS system is up and running to have it City-wide? Mr. Whittenberg said he was concerned on due process requirements where Notice is provided to some but not all tenants. Commissioner Campbell said without the GIS system going it's not easy to do now. She would like it City-wide eventually. Mr. Curtis said it will put more of a burden on the applicant but not that much more on staff. He said he is aware of several cities which require the applicants to do canvassing -- Westminster, Anaheim, Los Angeles. MOTION by Brown; SECOND by Campbell for the City Attorney prepare a resolution for Planning Commission consideration to go to the City Council. The proposed language should ask the Council to allow the Planning Commission to hold Public Hearings to consider an amendment to The Code of the City of Seal Beach requiring written Notice to be mailed to all property owners and all tenants within 300' for Variances, Conditional Use Permits, Tentative Tract Maps, Changes of Zone Request Initiated by the Property Owner, Appeals, Planned Unit Developments and Unclassified Use Permits. MOTION CARRIED: A YES: NOES: ABSENT: 3-1-1 Brown, Campbell, Dahlman Law Sharp Mr. Whittenberg said staff and the City Attorney's Office will have a proposed resolution on this item at the May 3rd meeting. *** Mr. Whittenberg said he provided all Commissioners a copy of a City letter sent to the Senate Housing and Land Use Committee regarding proposed State legislation (SB 1073) which would have dramatic effects on the requirements that all cities would have to deal with in preparing or revising Housing Elements to their General Plan. *** Mr. Whittenberg said the Commission's agenda forecast indicates the Bixby Public Hearings would begin in May, however due to absences on the Environmental Quality Control Board (EQCB) in May, they will not have a full Board until May 23. They will consider the fInal Bixby EIR on May 23rd and staff will schedule the fIrst Public Hearing for the Planning Commission on June 7th, the continued Public Hearing at the North Seal Beach Community Center on June 14th, and on June 21st at the City Council Chambers if additional meetings are needed. This revised schedule will appear on the next agenda forecast. . . . Page 9 - City of Seal Beach Planning COIlUlllssion Minutes of April 19, 1995 COMMISSION CONCERNS Commissioner Law asked a question about the Bixby EIR and Director Whittenberg advised her that questions on the Bixby EIR should be heard at the Public Hearings on that matter. Chairman Dahlman said he did not see anything about a golf course to absorb water in the Bixby EIR. Again Director Whittenberg advised him that questions on the Bixby EIR should be heard at the Public Hearings on that matter. He added the final EIR responds to a number of comments that were received as to perceived inadequacies of the document and drainage was one of the issues discussed. The Planning Commission will receive this document at the same time the EQCB does. Commissioner Campbell asked when the responses would be available? Mr. Whittenberg said the EQCB has asked for their materials two weeks prior to their meeting. Staff is hoping to have it available around May 9th. Staff will deliver this to the Planning Commissioners. ADJOURNMENT Chairman Dahlman adjourned the meeting at 8:40 p.m. Respectfully Submitted, ~o~\ Joan Fillmann Recording Secretary APPROV AL: The Planning Commission Minutes of April 19, 1995 were approved by the Planning Commission on May ~ 1995. ~