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Home My WebLink AboutPC Min 1995-06-21 '" CITY OF SEAL BEACH PLANNING COMMISSION . MINUTES of JUNE 21, 1995 7.30 P.M * City Council Chambers 211 Eighth Street, Seal Beach, CA The City of Seal Beach Planning Commission met in regular session, at 7:30 p.m. in the City Council Chambers, with Chairman Dahlman callIng the meeting to order with the Salute to the Flag. ROLL CALL Present: Chairman Dahlman Commissioners Campbell, Brown, Sharp, Law Also Present: Department of Development Services: Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary . APPROVAL OF AGENDA Chairman Dahlman Indicated he would like to hear Staff Concerns and CommissIon Concerns prior to the PublIc Hearings. MOTION by Brown; SECOND by Campbell to amend the Agenda by hearing Staff Concerns and Commission Concerns prior to the Public Hearings. MOTION CARRIED: AYES: 5-0-0 Dahlman, Law, Sharp, Campbell, Brown QRAL COMMUNICATIONS Dr. Steven Scheuer Dr. Steven Scheuer came forward to give his comments on the Los Cabos restaurant request. Mr. Whittenberg informed him that he should wait for the Public Hearing on that matter. . Dorothy Whyte * Seal Beach Ms. White spoke on the June 14, 1995 Planmng Commission which was held at the North Seal Beach Community Center. No matter how well-intended the effort, she felt it was a disservice to the community to hold a meeting where it could not be televised live. Without the live broadcast, the meeting was seen by 80 - 100 people. When there was a break in the proceedings many people left and only approximately 25 people stayed to hear the remaIning dIscussIOn. . . . PDg1l2. Clly of Seal Beach P1annmg ConIDu..lon Mmulll. of JUI11121, 1995 That remaining discussIOn was when many important aspects of the proposal came up -- such as flooding. There was no previous announcement on when this meeting would be teleVIsed. Only the 25 people remaIning learned It would be televised on Sunday, WhICh was Father's Day, and not a day people sit and watch meetings. After the majority of the public had left, the questIon came up as to whether people could view the project site to see how deep the housing went. BIXby SaId they would put stakes out on the property; dIrectIons were gIven. She felt that on a project of this Importance It was a dIsservice to the community to not have it broadcast live, when that technology is aVaIlable. Both the City Council and the Planmng CommiSSIon knew this meeting would not be teleVIsed lIve when they voted to allow a meeting to be held outside CIty Hall. Ms. Whyte SaId she hoped the CommiSSIon would never vote to allow a meeting to be held outside City CouncIl Chambers again. CommiSSIoner Campbell stated she was the person who requested the meeting be moved and Indicated she stands by that recommendatIOn She SaId the meeting was put at a locatIon by the people who would be most affected by thIS project. She SaId she telephoned Comcast to ask when the meeting would be teleVIsed and said anyone was free to call and get that Information. Chairman Dahlman asked If the stakes were stIll up on the BIXby property? Someone said they were. CommissIOner Law SaId she saw the stakes over the week-end and today they were vandalized. CONSENT CALENDAR There were no items on the Consent Calendar. PUBLIC HEARINGS 1. Conditional Use Permit 95-3 [Continued from 5-17-95] 550 Pacific Coast Highway, Suite 111 Los Cabos Restaurant Staff Report Mr. CurtIs delIvered the staff report. [Staff report on file in the Planning Department]. The applicant, David Bonadonna, requested Planmng CommiSSIOn approval to amend his hours of operation as approved through CUP 91-6 from 10 a. m. to 10 p. m. Sunday through Thursday and 10 a.m. to 11 p m. FrIday and Saturday to 1:00 a.m. daily. Additionally, the applicant requested permISSIon to remodel the interior of the restaurant to provide a lounge or bar area at Los Cabos restaurant located at 550 PaCIfic Coast HIghway, Suite #111. Mr. CurtIs said no bar or lounge are currently exists In this restaurant which is located 150' from the nearest residences and there are three other full-services restaurants within the shopping center with alcohol service. There has been no histqry of complaints for any of those uses. . . . Page 3. CIty of Seal Beach Planmng COlllnllsslOn MlOutes of June 21, 199~ Commission Comments on Staff Report Commissioner Brown asked Mr. CurtIs to review the hours of operation at the other bars in the area. Mr. CurtIs said he thought the permitted hours at VIlla Bonadonna are to 1:00 a.m., to midnight at Red Lobster and Restaurant KOl closes as 10:00 p.m. and 11:00 p.m. Restaurant Koi is not a full hquor l1cense, It only serves beer. Additional CommUntCatIOns Chairman Dahlman asked the secretary If there had been other commumcations? Ms. Fillmann said no. Public Hearing David Bonadonna * [No Address GIven] Mr. Bonadonna Introduced himself as the appl1cant and owner of both VIlla Bonadonna and Los Cabos restaurants. He has been operatIng businesses In the center for seven years WIthout citations or violatIons. HIS applIcatIon IS to accommodate the numerous customer requests he has received to oblige slOgle customers in an atmosphere other than a restaurant table. He said he needs the flexibIlIty to meet hIS cl1ent's needs and to remain competItIve. VIlla Bonadonna has the extended hours in place but does not stay open to 1:00 a.m. on a regular baSIS. However, there are occaSIOns when VIlla Bonadonna hosts a pnvate party and he has the extended hours to accommodate the party. Chairman Dahlman said that whIle Los Cabos restaurant is not on Main Street but IndIcated that most, but not all, of the MalO Street restaurants servlOg l1quor are clOSIng at 10:00 p.m. week nights and 11:00 p m. week-ends Mr. Bonadonna said he was not aware of that. Chairman Dahlman said he could enVISIOn that when the establishments close on MaIn Street, their customers could dnft over to Los Cabos and VIlla Bonadonna; he asked what the applicant's thoughts were on thIS Issue. Mr. Bonadonna saId both hIS restaurants are full-service restaurants and not bars. They have food available the entIre tIme of theIr operatIonal period. Chairman Dahlman underscored hIS pOInt by notIng these Main Street patrons may have already had dInner and then just want to dnnk. Mr. Bonadonna saId he could have complImentary food avaIlable at the bar or offer lighter fare avaIlable later in the evening. Commissioner Brown asked the apphcant to comment on a rumor he had heard that the applicant is planmng to sell Los Cabos restaurant. Mr. Bonadonna SaId he had heard the rumor also but it's unfounded. Charrman Dahlman saId that point IS well taken as the Planmng CommISSIon has been advised by staff and the CIty Attorney's Office that ConditIonal Use Permits run WIth the land and not the bUSIness owner. Therefore, no matter how trustworthy and honorable an applicant is, the Commission must look forward and conSIder land use approvals in terms of anybody that mIght operate that bUSIness. Mr. Steele venfied ChaIrman Dahlman's comment that a CUP does run with the land, not the business owner. Commissioner Sharp asked the appl1cant what hIS current seating is and what it will be after the remodeling. Mr. Bonadonna SaId the current seatIng IS 45 - 48 persons and he would like to incorporate 6 - 8 bar stools as additional seating. A bar has always been In place m the . . . Page 4 - C1ly of Seal Beach Pl:uuung COIIUlllSSIOIl Mlllutes of June 21, 1995 restaurant. It's not used as a bar now and has no seats at It. It is used as a customer service area to hand out to-go orders. There wIll be some remodeling as there's room for only 3 - 4 bar stools. A wall wIll be removed and give the area more accessibility. Also, this bar is not isolated from the dmmg room. Dr. Steven Scheuer * 255 SIxth Street. Seal Beach Dr. Scheuer spoke m oppOSItIon to thIS applicatIon, stating he hves dIrectly across from the restaurant. He related an mCldent that occurred on March 17, 1995 when a drunk man tried to break into hIS house. ThIS man was unable to find hIS own house and thought this mIght be hIS and his parents wouldn't let hIm m. He came dIrectly from Main Street. The police were called and a report IS on file. He stated he has never had a problem WIth the clientele from Villa Bonadonna and they go there frequently. However the entrance to Los Cabos goes mto the parking lot which faces hIS house along WIth several others. He said his famIly occasionally goes to bed early as they have a young chIld and they can hear noise commg from Los Cabos. Another concern IS If Los Cabos has a cocktail lounge WIll they have mUSIC, eIther hve or amplified? He saId "I certamly have no problems WIth adding a bar, but the extensIOn of hours to 1:00 a.m. I really find very unacceptable". Dr. David Friedman * 225 SIxth Street. Seal Beach Dr. Friedman spoke m OppOSItIon to thIS applicatIon, expressing hIS concern for another bar in the area and extended hours. He SaId Los Cabos' parking lot faces onto Marina Dnve and people leaving the restaurant would then use Sixth Street as a thoroughfare. He shared concerns that incidents do happen where drunken people mIght stumble into your home while wondering where they hve. HIS bIggest concern IS that if thIS restaurant were sold, the extended hours, whIch would go with the property, would be a strong sellmg point. This locanon could turn mto an establIshment lIke LIve BaIt m Long Beach. He said he heard about this PublIc Heanng indirectly and when he asked hIS neIghbors about It they had not heard eIther. More neIghbors may have spoken here had they known. Director Whittenberg saId the State laws reqUlre a NotIce to be maIled to all property owners within a 300' radIUS of the property, m this case, 300' radIUS of the extenor boundaries of the shopping center. ThIS mcludes the street also. There was a short discussion on how many houses this would have mcluded. Rebuttal CommIssioner Brown. notmg the applIcant dId indIcate he would need the extended hours only on occaSIOn and not every mght, wondered If the CUP could be crafted to accommodate thIS. The applIcant SaId currently there are a number of occaSIons through the rounne operation of the business when he could use the extended hours and dIdn't want to be set to, for example, ten times when he could have extended hours. VIlla Bonadonna already has extended hours in place and it does not get an mflux from Main Street at 10:00 p.m. He asked why that should happen at Los Cabos when the settIng IS the same. He felt the Commission could grant this application and If the extended hours don't work out, the Commission could rescmd them or modIfy them. Chairman Dahlman told the appltcant he was free to make any other comments at thIS nme. The PIce S - City of Seal Beach P1:ummg ('OIlUllI\'101l Mmute, of JlIIle 21, 199'i . applicant had no other comments and the PublIc Hear10g was closed. Commission Discussion Commissioner Brown asked Mr. Steele If there IS a way to have a CUP run with the 1Odlvidual? Mr. Steele said no. Commissioner Sharp saId the CommissIon has extensively revIewed this aspect of a CUP --- when one owner changes and who the new owner mIght be. It's someth1Og the Commission has no control over except that when a CUP IS granted the CommissIOn must make certain the Conditions of Approval are 10 place to make the business run smoothly to keep the neighborhood happy and the bus10ess owner happy. ThIS applIcant owns two adjacent restaurants, one of which has extended hours and IS running smoothly. CommIssioner Sharp said he had reservations when he read the staff report that the applIcant wanted to add a bar/lounge. However, the realIty is he IS only add10g 6 - 8 stools, do1Og some remodeling to upgrade the restaurant, the park10g IS adequate and he has run busmesses in that area WIthout 10CIdent and he would vote in favor of thIS applicatIOn. Chairman Dahlman asked If parkmg had been dISCUSSed? Mr. WhIttenberg said he dId not recall such a discussIon but added the shoppIng center provIdes more parkmg than IS required under municipal Code prOVISIOns. . Commissioner Brown said If Los Cabos restaurant were on Main Street he would defimtely be agamst extended hours On MalO Street the parking IS really CIty park10g but this restaurant is on pnvate property, Its parkIng IS on pnvate property and the property owners pay for the parking as opposed to MalO Street where the CIty really pays for the parking and the residences are closer. He SaId he would feel much more comfortable If the extension of hours were to 11:00 p.m. or 12:00 mIdnight. After you pass mIdmght, the functIon of a restaurant changes to appear a bar. He felt thIS was the residents' concern also. He explained the purpose of the Commission IS to balance the nghts of the residents and the property owners and suggested a compromise if possible He had no problems WIth putting seats in a lounge area. Commissioner Law said she would lIke to see the hours limited to 12:00 midmght. She SaId as long as food is served all the tIme she dIdn't see anythmg wrong with the applicatIon. Dr. Scheuer called out to the Commission "You don't have to listen to them closmg up". Director WhIttenberg rem10ded hIm the Public Hear10g has been closed. Commissioner Sharp reminded the CommIssIon that although extended hours may be requested, a businessman IS only going to stay open as long as It'S profitable. Chairman Dahlman asked CommIssIoner Sharp If thIS restaurant were 100' or 200' from where he hves in Leisure World and at 1:00 a.m. It turned out it was profitable and there were twenty people eXIting thIS restaurant/lounge comb1OatIon. Would your solutIon for the reSIdents be to close their windows? . Commissioner Sharp said he was not gomg to argue about what IS go1Og to happen next door to his house or anybody else's house. I'm talkIng about Los Cabos and It'S 150' from any . . . Pag~ 6 - CIty of Seal Beach PhlUlIllg C.oIlUlm\IOIl MlIlule& of June 21, 1995 resIdences and It has a proven record. He saId he got bred of people trymg to tell him they were going to put a bar in the mIddle of Leisure World, saymg that would never happen until the Department of Housmg and Urban Development (HUD) got out of Leisure World -- m about eight years. Commissioner Brown SaId CommIssIoner Sharp was missing the point. The pomt is not how long the applIcant's hours are or what hours he might stay open to. The pomt IS what's allowed to be done and If the property is sold a LIve BaIt could come into that location. They would have a legal nght to stay open untlll:OO a m. And, If they don't have the busmess to stay open profitably, they could do whatever they had to do to attract the busmess to make It profitable. They could sell $ .50 beers. CommissIOner Sharp said they would not be allowed to do whatever they wanted, they would have to SIgn a CIty Acceptance of Conditions form before ABC would even transfer the I1cense. If the CIty keeps the CondItions of Approval strong, that would keep people mIme. CommIssioner Brown SaId the busmesses on Mam Street have Conditions of Approval m place "... and people flagrantly do what they want anyway and there's very little we can do about It II . Commissioner Campbell SaId the record shows there have been no mCIdents. However, we don't know what the record would be If they had stayed open after 10'00 p.m. The exit from Los Cabos is OpposIte several reSIdences and they are more inclmed to hear what's going on. She said she had a problem wIth the extended hours but no qualms about the intenor remodelIng. "I just see that we're addmg another bar" . Chairman Dahlman asked CommIssioner Campbell If she was opposed to any extenSIon of the hours or would she allow for extended week-end hours? CommIssioner Campbell said she would consider some extenSIOn on the week-ends but not dunng the week. Not If the exit IS OppOSIte the residenbal homes. Chairman Dahlman SaId he doesn't belIeve It'S Justified to extend the hours at this bme on week nights since they are 10 00 p.m. now, the same as most Main Street establIshments. An extension to 11:00 p.m. or mIdmght on Fndays, Saturdays and legal holIdays would be alright. The review period should be SIX months. MOTION by Dahbnan; SECOND by Campbell to approve Resolution No. 95-12, thus approving Conditional Use Permit 95-3, with a change to Condition #4, indicating 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to 12:00 a.m. Friday, Saturday and Legal Holidays. MOTION CARRIED: AYES: 5-0-0 Dahlman, Campbell, Sharp, Law, Brown Director Whittenberg adVIsed the applIcant of hIS ten calendar-day appeal penod to the City Council. . . . Pagll 7 - CIty of Seal Beach PlllMmg COIIlllII.SIOII Mmute. of JWIll 21, 1995 2. Variance 95-2 B-2! SUlofside Staff Report Mr. Curtis delIvered the staff report. [Staff report on file in the Planning Department]. The applicant, Leon Carey, requested Planmng CommIssIon approval to remodel and add a new second floor above an eXIsting smgle family dwellIng located at B-21 Surfside. The subject property is considered nonconformmg due to madequate SIde and front setbacks. In conjunctIon with the proposed addItIon/remodel, the applIcant IS proposing the addItIon of a two-car garage. Mr. Curtis said one letter 10 support of the applIcation had been received from Henry and Sally Viets of A-18 Surf sIde. Photos of the existmg dwellmg were prOVIded to the CommissIOn by the applicant. Commission Comments on Staff Report Chairman Dahlman asked how many dwellings could conceivably apply for the same type Variance? Mr. CurtIs estimated twenty others. He noted there are approximately 20 -25 structures of thIS vmtage remammg 10 Surf sIde Colony but most of those structures do meet setback requirements. An estImated 5 - 10 structures don't meet setback requirements. Leon Carey * B-21 Surf sIde Mr. Carey lOtroduced hImself as the applIcant and said he lIves at B-21 Surf sIde along with hIS wife and four chIldren The house has two bedrooms and one bath whIch IS crowded with SIX family members. Due to costs, he cannot afford to tear down thIS house. He said the house IS fifty to sixty years old and IS in good condItion. They propose to build 1600 square feet. If they built up they could bUild 3500 square feet. He Said he would be opposed to the latter as that style makes Surfside a gIant walled city. Chairman Dahlman asked the applIcant for other reasons, other that the costs, for preserving the existing insuffiCIent setbacks? The applIcant saId he felt Surfside has a style to It and It'S bemg taken away from the commumty by certam factors. He wants to preserve the hIstonc factors in Surfside. There were no persons WIshing to speak for or against thIS applIcatIon and the Chairman closed the Public Hearing. Commission DiscussIOn Chairman Dahlman called for CommIssIoner comments. Commissioner Brown said he had no objectIons to thIS apphcatlon and lIked the addItIon of a covered garage. CommissIOner Law said she lIked the Idea they would be upgradmg the utIlIties. MOTION by Sharp; SECOND by Brown to approve Resolution No. 95-13, thus approving Variance 95-2, subject to Conditions of Approval. MOTION CARRIED: AYES: 5-0-0 Sharp, Brown, Dahlman, Campbell,Law . . . Page 8 - City of Seal Beach PhlUllng COIlUlII'\lon Minute, of June 21. 1995 $1c1c STAFF CONCERNS Director Whittenberg noted a bnef memo was provided in the CommIssIon's agenda packet regarding 303/305 MalO Street. Staff has been notIfied by the Department of AlcoholIc Beverage control that there IS an applIcatIon pending to transfer the existing liquor license. Staff is requesting the applIcants sign an Acceptance of CondItIons form. COMMISSION CO~CERNS There were no CommIssion concerns Recess Mr. Whittenberg adVised the publIc that staff reports and other materials were avallable for them on the table behlOd the secretary, regardlOg the proposed BIXby Old Ranch Golf Course Development Plan. With the consensus of the Commission, Chairman Dahlman called a recess at 8:20 p.m. The meeting reconvened at 8'40 p.m. Chairman Dahlman announced the staff WIll produce resolutIons tomght on Variance 95-2 and CUP 95-3. MOTION by Sharp; SECOND by Campbell to amend the Agenda to allow the Planning Commission to consider resolutions for Variance 95-2 and CUP 95-3 tonight. MOTION CARRIED: AYES: 5-0-0 Sharp, Campbell, Law, Dahbnan, Brown Director WhIttenberg said that smce there were persons who spoke 10 oppositIon to the first applicatIon, staff wIll notify those people and the applIcant first thlOg tomorrow mormng indicating the Commission did take this action and therefore the appeal penod starts tomorrow. Chairman Dahlman opened the continued Pubhc HearlOg on the BIXby Old Ranch golf course application. 3. Continued Public Hearing f.'om June 14, 1995 Supplemental Report - Review of Bixby Old Ranch Golf Course Development Plan: 3901 Lampson A venue, Seal Beach Final Environmental Impact Report (FEIR) General Plan Amendment #95-1 (a) and (b) Zone Change 95-1 Vesting Tentative Tract Map #14465 Staff Report . . . Page 9. ell)' of Seal Beach Plnnnmg ('00l1l1l8810n MllIult-, of June 21. 199; Mr. Whittenberg presented the staff report [Staff report on file 10 the Planmng Department]. The dIrector mdIcated thIS IS a contmued Pubhc Hearing; the CommIssion conducted Public Hearings on June 7 and June 14, 1995. The CommIssIon has received testimony from the applicant and hIS team of consultants regardmg theIr proposed project. Additionally, the Commission has receIved tesnmony from approximately twenty persons over the course of the two meetings both 10 opposInon to and 10 favor of the project. Tonight staff has provided the Commission a supplemental staff report, dated June 21st, wIth copies made available to the public. Staff has provided addItional documentanon whIch has been received by staff since the June 14th meeting. At the June 7th meeting the Bixby Co. provIded information packets to the Commission. The last page was mIssmg from some of those packets and is presented tonight as Attachment 1. Attachment 2 IS a letter from the CIty of Los AlamItos which staff received on June 21st. ThIS letter mdIcates theIr concerns regardmg some of the mIngation measures that the City has proposed. These are pnmanly related to traffic Impacts along Los AlamItos Boulevard. There are concerns about the future development of the proposed high densIty area at the north end of the proJect. That letter has been prOVIded to the CommIssIon, along WIth a response from the CIty'S pnme EIR consultant, EIP ASSOCIates, which deals WIth the Issue of the multi-famIly residennal pornon and how the City of Los AlamItos' concerns would be dealt with at a later apphcation pomt when an actual development plan is before the Planmng Commission at a Pubhc Heanng. There is also a letter from DKS, the CIty'S traffic consultant, addressing the Issues that the CIty of Los AlamItos felt snll had to be addressed. Attachment 4 to the staff report packed IS a memorandum from DKS mdlCating that smce the last meeting they met with the Rossmoor Homeowner's AssocIanon to dIscuss/deal WIth the Issue of intrusion of traffic into the Rossmoor area from the proposed project. Attachment 5 is a memorandum from EIP aSSOCIates regardmg the Issue of storm dram facIhnes and floodmg that was raIsed primarily at the June 14th meetmg. EIP went back through the EIR document and tried to highlight the major mInganon measures WhICh deal with how those Issues would be addressed if a project was approved. The memo mc1udes responses to comments from the Nanonal Guard, Rossmoor Homeowners Association, CIty of Seal Beach Engmeer's Office and the CIty'S Environmental QUalIty Control Board. Attachment 6 is mformation the City received today from the Long Beach AIrport based on a request from CommIssIoner Brown regardmg the SENL levels that they unhze 10 mOnItonng nOIse generated from the Long Beach AIrport. Only one page of a multI-page document has been receIved at this nme. Staff contacted the John Wayne Airport and were told they would prOVIde the CIty WIth mformation but that they were not wilhng to just send a page or two, they wanted to send a 120 page document. The staff report indicates there would be an Attachment 7 WhICh he thought would be wntten information from one of the other consultants. As It turns out, that consultant WIll do a verbal presentation at the end of the Public Hearmg. Mr. WhIttenberg mdIcated the CommIssIon could proceed to receive publIc tesnmony at this time, starting with a speaker SIgned up for June 14th but who did not yet speak. Once the public testimony has been receIved, the apphcant has the opportunity to make rebuttal comments. Public Hearing Betty Cheevers * LeIsure World. Seal Beach Ms. Cheevers spoke 10 oppOSItion to the applicanon, stanng she IS opposed to any development 10 Seal Beach. She mdIcated John Nakagawa, EQCB member and traffic engmeer for Orange . . . Page 10 - CIty of Seal Beach Plnnnmg Conillus'lon Mmutes of June 21, 199~ County, SaId the average famIly WIth teenagers had twelve (12) vehIcle trIps per day. She said that years ago, when her famIly was snll at home, they were always on the go, lots of vehicle trips per day, and she Included repaIr people to the house. WhIle she could not gIve stansncs each automobIle throws Into the aIr, she saId that pollunon comes over the wall and mto Leisure World. She said everyone In the area is affected by the pollution and you can't carry on a conversation with anyone before someone starts coughing. Everyone seems to have trouble with their breathing. She saId there IS enough pollunon m the aIr and more is not needed. She said she couldn't see the world was any better by more development. Our drmlong water IS not Improving and we've had to put ammoma In It in order to kill the bacteria. She was in the water filtenng and coffee bUSiness and said the ammoma and chlonne we have to use to kill bacteria will kill fish. While It'S not supposed to harm humans, it doesn't make the water taste better. She stated all bottled water IS filtered, It doesn't come from a mountaIn spnng somewhere m Arrowhead, they fill up at the fire hydrant, at the rate of one truck a day. She said that years ago people weren't educated on world populanon and today It'S a #1 problem. The more homes we buIld the more we'll fill them up --- It'S the law of nature. Animals will limit their populanons The world doesn't have enough to supply those who are here. She felt more is not better and suggested slOWing things down. Dorothy Whyte * 4416 Candleberry Avenue. Seal Beach Ms. Whyte SaId she is ann-development/slow growth but in favor of thIS project. She said she has been acnve In every ann-development movement In town until thIS proposal. She said the choice is not no development or thIS proJect, nonng Bixby Co. already owns the property which is zoned to allow commercIal constructIOn. She said the Old Ranch Tennis Club IS zoned for commercial construcnon and holds a CUP for alcohol sales. She hoped nothing would be buIlt there with a lIquor lIcense. Since the C-2 zoning currently eXIsts many people feel the proposal, with mixed uses, would be more advantageous to College Park East and the City at large. Because the C-2 zomng eXIsts, BIxby Co has the right to build WIthin the City's zomng ordinance parameters. If thIS project IS not approved, the CIty will not get as many mItigation measures as they would not be required. Ms. Whyte SaId she would hke to clear up a misconception that she, indIvidually, negotiated the tennis club for the City of Seal Beach by tWIsting BIxby's arm, that she's in Bixby's pocket or somehow she is getting something out of this. This IS not true. She handed the Commission a letter [attached] dated December 27, 1993. She said she wrote this letter to the CIty Manager as a result of a conversanon at the North Seal Beach Center In 1993 when we (persons not Identlfied) fust asked Mr. Bradshaw to present the project to the commumty under the auspIces of the neighborhood aSSOCIatIOn. At that time they were frustrated because there IS no facIlity in College Park East and they had to cancel a neighborhood program put on for the chIldren. She said the commumty has bIcycle parades and Christmas actlvitles for the children. ThIS letter was wntten WIth the consent of the board, consisting of herself as PreSIdent, Hamet OttaVIano, Karen TIlleray, Shan NemIrow, Patty Campbell and Gerri Galbreath. It was not written With collusion or promIses In mind. It was written because "Whenever we fight BIxby we lose and we figured we might as well get something II , Another misconcepnon being perpetuated is that Lampson A venue WIll be realigned. The advisory commIttee which Frank Laszlo put together several years ago dId ask for the entrance . . . Page 11 - City of Seal Bem.b PI~nnUlg COllUI\IUIOll MUlule8 of June 21, 199~ to the County Club to be moved to Basswood where there IS a traffic signal. There's a blind curve and turnmg left IS very dangerous. Another misconceptIon gomg around IS that BIXby Co. is going to build a thirteen-story hotel similar to the Hohday Inn on WIllow Avenue at Lakewood Street. City ordinances permit only a 35' height. Another fallacy is that cnme and graffitI is not bemg addressed because Bixby Co. is really going to build apartments. The apartments won't be sold, It will be a project. Ms. Whyte said the moderate mcome housmg requirements was put in place by the CIty'S General Plan not by BIXby Co., as the result of State law. Ms. Whyte said that whenever Seal Beach deals wIth an Issue that becomes divisive, people get heated up. She urged everyone to look at Issues unemotIonally. She hoped the College Park East residents wIll remain fnends. She saId that If she has stated anythmg that IS not true she hopes she will be corrected. Josta)h Palmer * 3911 WIstena Street. Seal Beach Mr. Palmer spoke m favor of the applIcation. He said several years ago BIXby Co. distributed information for a project on the golf course and College Park East resIdents were fnghtened by it. College Park East had a meetIng at Southwest Regional Laboratory (SWRL) and 50% of the attendees voted to set up a group to talk WIth BIXby Co. to see If the project could wmd up being something that wasn't as fnghtening as the origmal proJect. The group of twenty was formed and It may be the adVIsory committee referred to (by Ms. Whyte). Several meetIngs were held and BIXby was very understandmg, accommodatmg and changed theIr plans by reducing the number of homes they had planned and relocatIng those to another sectIon. In the end, Bixby Co. agreed to donate approximately seven (7) acres to the City of Seal Beach, to donate about $750,000 to a buddmg fund and to spend about $1,000,000 m traffic improvements. The AFRC has stated thIS proposal WIll not mterfere or Impede their mISSIon. The development would bnng money to the local schools and increase sales taxes in the CIty. It would take a pIece of property that IS generatIng few taxes to the CIty and generate some more taxes. Probably four hundred (400) people would be purchasing homes m the project and that would increase purchases are local shops. Jobs would be created by the constructIon operation and servICes. College Park East would gam a commumty bmldmg. If thIS proposal IS condoned by City staff and the CIty Attorney's Office it's a wm-wm SItuatIon. Bixby WIll profit financially also. It seems everyone receIves an advantage. He would lIke to see this proposal handled now --- with the CIty staff, Planning CommiSSIon and City Councd that exist as things would be handled correctly at thIS tIme. Glenn Cook * 2821 TIgertaII Dnve * Rossmoor Mr. Cook spoke m OppOSItIon to the proposal. He saId he has lived m the area 35 years and the last 25 years m Rossmoor He and hIS neIghbors are vehemently opposed to the Bixby Co. development plan and see no pOSItIve benefits for Rossmoor or the surroundmg communities. While there may be mcreased tax revenues for Seal Beach, they are off-set by the many Pllge 12 . CIty of Seal Beach Pl:mnmg CommlUIOR MlOu\e8 of June 21, 1995 . negatives of the plan. The Rossmoor Homeowners AssociatIon has monitored this development plan and has reported their concerns to this Commission. He said he and his neighbors do not feel this Commission realIzes the depth of oppOSItion to this proposal. Their opposition centers on the several Issues which have been brought to the Commission's attentIon. Many Rossmoor residents are not satisfied with the proposed mitigation proposals. Regarding traffic, common sense dictates the addition of a 180-room hotel, restaurant space, retail space, office space, 98 sIngle-family homes and 100 to 125 multI-family umts would increase traffic and overload an already over-burned street and highway system. Adding another lane or wldemng the Seal Beach Boulevard overpass will not help a traffic system which is already at grid lock many hours of the day and mght. At peak traffic hours it's very difficult to exist to Seal Beach Boulevard or Los Alamltos Boulevard from Rossmoor. Any additional traffic Will make It almost ImpOSSible Additional traffic may use Rossmoor streets to aVOId backups on Seal Beach Boulevard. The dangers of thIS congestion, which Impacts bicyclIsts, emergency vehicles and semor CitIzens have already been pOInted out to the CommiSSIOn. Added traffic will Increase nOIse and air pollution. These negative factors Will destroy the quality of lIfe In Rossmoor. . RegardIng safety, Mr. Cook Said it was unconscionable to accept the constructIon ofa hotel and homes so close to a runway at AFRC. No schools can be bUIlt In the College Park East area because of safety regulatIOns regardIng schools. If It'S unsafe for schools, surely homeowners and hotel guests should be protected also. Regarding flooding, Mr. Cook Said the January 4, 1995 storm brought City reSidents close to a major disaster. AddIng additional blacktop and concrete to the environment Will Increase thiS danger in wet years. Regarding the Mola Co. proposal, Mr. Cook said that project was wisely rejected by the voters of the commumty. Grass roots activism by the CItizens was responsible for stopping an unwise use of the land. Mr. Cook urged the CommiSSIon to represent the Will of the people In thiS Situation. He urged them to lIsten to the genuIne concerns of the cItIzens who are opposed to thiS project. He urged them to be aware of the depth of oppOSitIOn to thIS proposal by the reSidents of Rossmoor and recommend the EIR Inadequate and vote no on the proJect. . Frank Clift * 4489 Dogwood A venue. Seal Beach Mr. ClIft spoke In favor of the project. Mr. ClIft Said he has not received mformatIon that has been promulgated allover College Park East; most of hiS neIghbors have. College Park East residents seem to feel that If the Planning CommiSSion and City CouncIl reject this proposal (which Mr. ClIft referred to as "Plan A"), that all development will cease on that site. He reminded them that the Bixby Co. owns 22.8 commercially zoned acres of land surrounding the Old Ranch Country Club. If the CouncIl were to reject thiS proposal, there is then no need for the Bixby Co., or any other person who nught own that land, to develop anythmg they deSired as long as they followed the C-2 zomng reqUIrements. Any developer would not have to gain - . . . Page 13 - City of Seal Beach PI ulIlIng COIIlllll'\IOIl MUlllte, of June 21, 1995 CIty approval to buIld The CIty would lose immensely by this. It would lose the income generated by the mIxed use, the Increase In property taxes to the City's general fund. It was only through the efforts of a professIonal City Manager that the City was able to survlVe a potential bankruptcy In the last three years The CIty has not received the revenues it needs to keep going properly The CIty IS about to lose that CIty Manager and it wornes him that it w1l1 be six months or more before any replacement could be up to speed enough to be able to accomplish the mIracle that Mr. Bankston has accomplIshed In the last few years. He urged the Commission not to let theIr guard down and don't feel that If the Council rejects Plan A that the option that BIxby, or any other buyer, would be a bad alternatIve --- It would be a dIsaster for College Park East and people who lIve at the end of Seal Beach. What could be placed on that site could be most dIstasteful WIth lIttle or no reqUIrement for traffic mItIgatIon, no extra revenue for the CIty, and a load on the public servIce reqUIrements of the City. Chmrman Dahlman asked Mr. Chft If hIS statement on extra revenue to the City was based on property tax Income? Mr. ClIft rephed yes. He smd he was CItIng thIS as a fact. The proposed homes would cost $650,000 and up and the property tax from those homes would be more than double what the current College Park East homes pay. Also, there's a $350,000 one-tIme development fee that would be paId by BIxby Co. and $1,000,000 to the Los AlamItos Umfied School Distnct. Russ Lightcap * Rossmoor Homeowners AssociatIon Mr. Lightcap saId he was follOWIng up to hIS comments at the June 14, 1995 Planning CommIssIon meetIng. He saId the Rossmoor Homeowners ASSOCIatIon (RHA) wanted to know ifthere would be an ImplementatIOn plan that shows when the Seal Beach over crossing is gOIng to be constructed to the final SIX lanes He asked If there IS a plan, WIll there be a written response and when RHA would receIve a response? RHA is concerned because the mItIgation measures involve not only the project proponent but the CIty of Seal Beach and the amount of money Seal Beach has to carry out that mitIgatIOn. Chairman Dahlman SaId the CIty of Seal Beach has a Growth Management Plan and it does refer to a traffic growth plan. Mr. Whittenberg, respondIng to Mr. Lightcap's questIon, SaId he dIdn't know that RHA could expect a specific implementatIOn plan regardIng the bridge wIdemng as a part of thIS project as it's proposed. The mItIgatIon measures deal WIth restnpIng the eXIstIng bndge and constructing a number of Improvements at both on and off ramps to the north and south of the bndge Itself. The CIty, as a part of that process and as is proposed In the mItIgatIon measures, would reqUIre a Development Agreement to be entered Into between the project proponent and the CIty of Seal Beach which would set forth, In very speCific detml, the tuning, the payment of fees, the responsibilItIes of all partIes. ThIS would happen before any actual project Improvements could begin on the pnvate property. AddItIonally, the City collects traffic Impact fees as development occurs in town. Those funds are held In a separate account to Improve specIfic areas of the City. The maIn area that has been IdentIfied In the CongestIon Management Plan is the bridge at Seal Beach Boulevard. In additIon to CIty momes, there are funds through Caltrans, the Orange County TranSIt Authonty, dIscretIOnary grant funds and Measure M funds from gasolIne sales taxes. Some of these funds come back to sub-regIOns of Orange County and can be used . . . Page 14 - Cdy of Seal Beach P\:umulg C0I1UlII..lon Mmute. of June 21. 199, for improvements. The bndge at Seal Beach Boulevard has been Identified as a potential project for two of those areas because the freeway IS a boundary lme between two of those sub-regIOnal areas of the County. There IS a very strong potentJal of gettJng additional fundIng through that process also. It would entaIl a number of fundmg sources for the ultimate widemng of the bridge and the major responsIbIlIty for that IS Caltrans -- It'S their bridge. Commission Campbell asked if we could expect to see money from Orange County? Mr. Whittenberg indicated he dId not say Orange County but rather the Orange County Transit Authority (OCTA). The funds come through the gas tax. CommissIOner Campbell expressed concern that the County has been finding ways to "rob Peter to pay Paul". Mr. Whittenberg said that recently Orange County requested money from OCTA and OCTA SaId no. There are legal issues involved 10 thIS because the funds from Measure M were specifically approved by the voters for transportatIOn purposes. It would be questJonable whether those funds could be taken for a non-transportatIOn purpose Chairman Dahlman came back to Mr. Lightcap's pomt, that that bridge WIll ultJmately have to be widened. Mr. LIghtcap SaId he was aware of Mr. Whittenberg's comments. HIS concern is that it may take years for the final mItIgatIOn to come about -- It may be years. He wanted to know what sort of an overall plan the CIty of Seal Beach has, or when WIll you have It, that shows that the City WIll be gettmg the funding to do thIS? Where is the funding to take care of the sewer and floodmg problems so that the mItJgatIOn referred to 10 the ErR can be carried out within a reasonable time? Mr. Whittenberg said the fund 109 mechamsms would be set out In the Development Agreement WhICh would be prepared If a project IS approved. If a project IS not approved, no Improvements would be made 10 the area Mr. LIghtcap SaId the Development Agreement would only show that the BIXby Co. WIll be contrIbutJng theIrfazr share and thatfair share would only be a small percentage of the cost of the mItJgatJon/the WIdenIng. The RHA's questJon is, do you have a plan or are you going to have a plan that shows the total cost of this and how It WIll be funded? He said he was aware of Measure M and noted Caltrans will not be funding any of the bridge wIdemng. Caltrans WIll proVIde overSIght but they don't have funds for the widening. He satd agaIn, what plans do you have for showmg a coherent fundmg package to carry out the mItIgatIOn that IS proposed 10 the ErR? Mr. WhIttenberg SaId the mitigatJon measure 10 the EIR IS restnp10g --- that IS all that IS reqUIred to mItJgate the Impacts of the project. The bndge wIdemng IS necessary because of current traffic levels that exist WIthout the project That IS an eXlstJng problem that is not the responsIbIlIty of thIS project proponent. The funds that WIll be denved from the traffic mItJgatJon fees that the CIty collects WIll, to a large extent, go to fund10g the ultJmate Improvements. The project Itself does not require the wIdemng of the bndge. Chairman Dahlman asked If staff knows how much it would cost to widen the bridge and when we plan to do it? Mr. WhIttenberg saId no. That IS an issue that must dealt WIth by Caltrans and a number of other agenCIes and those costs have not been determIned. Mr. Lightcap saId that he has heard Mr WhIttenberg's response. He suggested the CommISSIon should have some recognitJon of the cost of carry 109 thIS out and that there IS some sort of a coherent plan. RHA would be 10terested 10 see10g the plan and the figures. Page IS - CIty of Seal Bench Plnnnmg COIIU11IUIOn Mmutes of June 21, 199~ . Mr. Lightcap sald RHA had some comments on the drainage at the 39 inch gravity-flow sewer and asked when RHA wIll get responses to that? Mr. Whittenberg sald staff is stillloolang into this issue. They haven't been able to resolve it 10 the week s10ce the last meeting. Depend10g on the Planning COmlTIlSSIOn'S tune schedule It WIll come back to them or the CIty Council at the time it goes to CouncIl for Pubhc Heanngs. Regarding recreatIOn facilities, Mr LIghtcap asked If the Planmng Commission would require the proponent to proVIde a recreation faclhty? Mr. Whittenberg asked If he was talking about a recreabon facihty over and above the proposal to deed the tenms club to the City? Mr. Lightcap Sald yes, it's the response to 13.21 10 RHA's letter where it Sald the project proponent has committed to prOVIde recreatIOnal faCIlItIes If required by the Planmng Commission dunng review of the planned development Mr. WhIttenberg said that would come at the time of a final design plan for the multI-famlly hous1Og. RecreatIOn faCIlIties are normally reqUIred by the CIty and he didn't see the CIty chang10g that But, It's not reqUIred by City ord1Oance. . Mr. LIghtcap saId RHA dId meet WIth DKS as 10dlcated 10 the memo that was prOVIded and appreciated that opportumty. RHA understands that the traffic shown IS based on commercIal traffic because they thought that would be the hIghest amount of traffic. But it dId show it was zero (0) traffic go1Og 1Oto Rossmoor at certa10 times. RHA feels that there may be some chIldren from the proposed project that would be go1Og 1Oto Rossmoor but it may not be significant from the point of the EIR However, when looking at the traffic projections, there IS addItional traffic com1Og 1Oto Rossmoor and RHA has concerns on this. RHA would request a more comprehensIve study be done 10 terms on an intrUSIOn study which would show 10 more detail what the actual 1OtruSIOn IS go1Og to be on Rossmoor Commissioner Campbell asked Mr. LIghtcap Ifhe used to work for Caltrans? Mr. Lightcap said yes, he did. CommIssIoner Campbell saId they have been trY10g to get a dollar figure on the wldemng of the bridge If that were to be done 10 1995. She asked if he could gIve her a ballpark esbmate? Mr. LIghtcap saId he would not gIve a ballpark figure at thIS bme because ballpark figures tend to get 1Oto cement. But that 1Oformation could be avatlable. He would expect the CIty would be malang an estImate of that so the CommissIOn would be enlightened on the costs as well as a fund10g plan to carry It out. CommIssIoner Campbell asked DIrector Whittenberg if he had any informatIOn? Mr WhIttenberg said he dIdn't have any figures at thIS time. The CIty'S Eng10eenng Department IS worlang with the people at Caltrans to try to get some figures. . Regarding the 1OtrusIOn study, Mr WhIttenberg asked Mr. LIghtcap If he was aslang for an intrusion study based on the Impacts of the proposed project or based on general traffic Increases in the area or in the future? Mr. LIghtcap sald RHA was not certain the 1OtruSIOn study would be based on the EIR but, RHA feels an 1OtrusIOn study needs to be made because when you look at the projected traffic there IS increased traffic. He dIdn't know If It would be from this project itself. From the figures he has, that may be 1Osignificant. The only thing not shown is there will be some children go1Og to school and It'S probably more than zero. He couldn't say the traffic would be sIgmficant . . . Page 16. CIty of Seal Beach PI.mIlUlg ('01111111"1011 MUlUll:, of June 21, 199~ Irwin Anisman * fNo Address GIven 1 Rossmoor Mr. Anisman said he used to be neutral to the project but the more mformanon he receives the more neganve he's becommg toward the development. He addressed three EIR Items that he takes excepnon to. The first IS the mItIgation of the overpass wIth restnpmg. The car lane w1l1 be reduced by l' and the bICycle lane wIll be reduced by 2' from 8' to 6'. This 3' reducnon is a reduction of the safety margm between the automobiles and the bICyclIsts. He stated he bikes there frequently now and It'S nsky now. If reduced It would mcur a greater nsk to the bicycle lane users Secondly, the figures of the populanon densIty stated 10 the EIR didn't make a lot of sense. The number of 1 9, was based on the Census of Seal Beach. It would have made more sense to use the contIguous commumtIes' figures (College Park East and Rossmoor) which are probably closer to 4 because that's what the population of that development would be. That would double the projected population figures. ThIrdly, the EIR said there would be no impact on the intrusIon mto Rossmoor and that's "blatantly ridIculous II . Just as the testimony showed that people from Garden Grove drive Lampson Avenue to get through Los Alamitos, people from Los AlamItos Boulevard are gomg to take the St. Cloud eXIt from the development and short cut through Rossmoor to get to the 605 on-ramps. People do It now but when there are several hundred more cars from the proposed development some of those wIll use the short cut. That will Impact Rossmoor. Bruce Stark * fNo Address Given). Seal Beach Mr. Stark said he thought the PublIc Heanng was to talk about the EIR rather than the ments of the project. ChaIrman Dahlman SaId he was at lIberty to talk about the adequacy of the EIR and the merits of the project The CommIssIon WIll adopt a resolutIon on the adequacy of the EIR and the ments of the project Mr. Stark said he would lIke to dISCUSS several pomts the EIR doesn't address. He had hoped the June 14th meetmg would have been teleVIsed and were dIsappomted when It was not. Regarding flooding potennal of bmldmg on the golf course, the CIty has an easement that BIXby granted them when Mr. RIsner was CIty Manager in 1957. A pornon of that reads: The grantor, Bixby, shall not construct any structure that would obstruct the water Morage and carrying capacity of the flood plazn without first obtainzng wrlffen approval from the City of Seal Beach and the Orange County Flood Control D,Strzct Mr. Stark felt the EIR does not address thIS. He SaId staff has not addressed It because "They're in favor of the project for theIr own career development rather than the people who pay theIr salary II . ChaIrman Dahlman saId he would lIke to correct thIS statement by mdIcatmg that staff has addressed It because CommIssIoner Campbell requested those Items and all the Commissioners receIved them dunng the past week. They WIll be part of the Record of the hearing. Mr. Stark asked what the BIxby Co. was givmg the CIty to relmquish the easement or to sign off on bullding on the flood pi am area? That's very serious because he understood that when College Park East was bmlt Caltrans mSIsted there be open land to absorb the water to prevent . . . Page 17 - City of Seal Bem.h PllIIllllDg COIlUllI\MOIl MIIlUM of June 21, 199~ flooding of the 405 and 22 freeways. Dunng the last ram storm we saw what the water did to Leisure World. The water came off there (location not specIfied), down through the drainage canal and into Leisure World. Mr. Stark dIsputed the thought that development produces mcome. He said the home builders and the associated general contractors, over ten years ago, gave up the argument that a development produced mcome to the commumty 10 whIch It was located. The rule of thumb that they have endorsed for a decade IS that a dollars worth of development costs the commumty two dollars. RIght now the CIty cannot afford a polIce officer 10 the newly construct Police sub- station by the pIer --- how are we gomg to polIce that? Where WIll the money come from? We're talking about a bndge whIch IS the most direct route from Seal Beach's Leisure World to the nearest hOSpItal 10 Los AlamItos. Restnpmg does not WIden the bndge. Restriping constitutes a safety hazard. The EIR does not and cannot address the traffic impact that the proposed development would create. Mr. Stark SaId he has a solutIon It IS to mItIgate now and buIld later. He asked why the City should approve a project proposal that reqUIres this much mItIgatIon on the promIse that It might be done 10 the future He ~aId the publIc has heard all sorts of excuses about the bndge, how it IS going to be restnped, how It mIght be WIdened, and If we can get the money here or there we might do sometlung. He saId no other busmessman would accept that type of security and he definitely would not gIve somethmg when he was not sure how the buyer would pay for it. But that's what the BIXby Co. and staff are trymg to sell the CommIssIon. He suggested building the sewer system, wIdemng Seal Beach Boulevard to SIX or eIght lanes, WIden the bridge and see If we can convmce Los Alamitos to gIve up their aIrport first. Once all the mitigation is done, then a development can be bUIlt. He saId he wasn't one to rely on buIlder's promIses and saId he dIdn't thmk the BIXby Co. has that good a track record. In talkmg to the old tImers m town, Frank ClIft bemg one of them, when College Park East was built WIthout a parking strIp between the sidewalk and the curb, WIth compromised setbacks and vest-pocket parks they were told not to worry They were told there was a strip of property along Lampson Avenue that was avaIlable for a park for College Park East Then BIXby told them that they would sell It to them. The reSIdents didn't have the money and now there are condommiums on that strIp of land that BIXby bUIlt. College Park East was supposed to have mce facibtIes, a beautiful golf course and tenms courts. Then BIxby told them there was a membershIp fee to join the club. Regardmg QUImby Act park fees, "ThIS CIty has screwed off more QUImby Act park fees because the staff won't collect them from their fnendly developers and I can CIte you chapter and verse". What makes you thmk they WIll be collected from BIXby Co.? He SaId a CIty of Seal Beach Planning Department employee went to work for the BIXby Co. after the last big project went through. Mr. Stark saId that made hIm SUSpICIOUS. He asked what assurances the CIty residents have that BIXby Co. WIll lIve up to any of theIr promises, any of the Development Agreements? The solutIon would be to mitigate now and buIld later or let Bixby Co. put up the money in a bond to prOVIde for the wIdemng of Seal Beach Boulevard, to provide for the widening to SIX lanes through Rossmoor up to Los Alamltos, wIdemng Lampson A venue to see all the mitigation measures are taken care of. The EIR does not adequately address these issues. The mitigation suggested far outweIgh the worth of the development, what can be accomplished and what BIxby Co. IS WIllIng to do He felt BIxby IS trymg to sell us a bill of goods that we Page 18. City of Seal Belich PI.mnmg C'ollum,slon MmuM of June 21. 199~ . will end up paymg for. He asked how would the project be pohced if the CIty can't afford one officer for the sub-statIOn Commissioner Campbell asked Mr. Steele about the reference Mr. Stark made to the easement. The flood zone extends beyond the easement and a portion of the proposed project would be built on the flood zone but outSIde of the easement She asked If that would stIll reqUIre the CIty to sign off? Mr. Steele SaId he would need to look at the easement document while other testimony was bemg gIven He saId he would reply later m the meetIng. Audrey KIme * 4292 Dogwood A venue. Seal Beach Ms. Kime saId she IS a member of the neIghborhood aSSOCIatIOn and hoped that the rest of the neighbors who mIght dIsagree WIth her opmIOn on this proposal would not think she was angry WIth them --- she SImply has a dIfferent opImon. It has to do WIth her personal behefs. . FIrst, when the two new exhIbIts came out she had to read them qUIckly as everyone else had to. Regardmg ExhIbIt A, she would be mterested to know if these are the same numbers used when the EIR was prepared or are these new numbers? Mr. WhIttenberg Said these are all documents from the EIR or based on the EIR document. Ms. KIme Said It seems rather strange that sees Southern Cahforma would thmk there are that few vehIcles per reSIdence, particularly m thIS area. LookIng at ExhIbIt L, she had questIons on what the lOgIC was behmd It. Looking at the various intersections dIscussed, It shows the future WIthout the project and the future WIth the project. For most of the areas gomg from the current tenms court area towards the freeway, as an eXIt, and the areas gomg toward downtown and towards Rossmoor It shows a certaIn amount of Impact. But, when you come to the area specIfically where we would have a ISO-room hotel, 30,000 square feet of restaurant space, 30,000 square feet of retail space and 35,500 square feet of office space you have no Impact gomg towards the Buena Park area. She asked if any of these people would be gomg to Knotts Berry Farm or DIsneyland because you don't get to eIther place on the freeway from that SIte WIthout gOIng way out of your way. This is not a logical conclUSIon to her and thought we need to have somebody go to the SIte and look at thIS. . Ms. Kime said she's an accountant WhICh makes her skeptIcal about numbers and reasomng behind things. She referenced her prIor remarks about the restaurant space and the retaIl space. She Said the figures looked conspICUOUS to her m relatIon to the economy. She mdIcated her company laid off 20 people Just yesterday and that's Just a preparation for more layoffs to come. A ISO-room hotel m a CIty WIth no major sporting events, no conventIon area and no draw seems mterestIng. It's a bIt far from the major amusement areas. It doesn't appear the most advantageous way to use that property There's a hotel off PaCIfic Coast HIghway that has a problem keeping ItS rooms rented She wondered If such a use would become somethmg other than a one or two-mght stay facIhty. She found 30,000 square feet of restaurant space seems interestIng as It would be ImmedIately across the street from two restaurants, one of which has had two enterprIses faIl -- the Soup Exchange and TortIlla Beach. The restaurant busmess IS conSIdered by most Industry standards m the country to be the most dIfficult busmess to run --- nine out of ten faIl WIthin the first year. Also, 30,000 square feet of retail space across the . . . Page 19 - CIty of Seal Beach PI UIDlIlg COnUllI\MOn MlIlul", of June 21, 199~ street from what should have been or still could be a major shoppmg area. Rossmoor Center is in dire need of renovation to bnng It up to current day mall standards that would draw more people. And 35,500 square feet of office space m a county where office space IS rentIng at about 62 %. She has heard talk about other CIties wantmg to take the vacant office buildings and turn them mto housmg for the homeless. There IS an office buildmg nearby which IS not rented to capacity. Regarding the bndge, she wondered why, when It IS known that bridge IS already a bottleneck and is already congested, that you'd want to exacerbate the SItuation by addmg more congeStIon before you consider fixmg the bottleneck Dennis Martmeau * rNo Address Givenl College Park East Mr. Martineau saId he objected to paymg one of the hIghest utIlity taxes in the County and relatively hIgh property taxes and any addItional taxes that might flow from the Orange County bankruptcy situatIon. As he assesses thIS project proposal he wondered what costs mIght be pushed onto hIm. The proposal entaIls multIple and expenSIve publIc works projects --- traffic and freeway Improvements Of partIcular concern to hun IS the flooding SItuation. The EIR at impact 4.2-2 and related mItigation measure 4.2-2A pomts out the potentIal Impact of Impervious surfaces bemg created, addItional storm run off etc. The mItIgatIon measure suggests that at some point addItIonal studIes need to be done. He felt we would want that mformation now, before proceedmg any further. Last week the CommIssIon was presented WIth informatIon that the entIre flood control basm and all ItS related tnbutanes and pumping statIons for this area are madequate. That IS apparently based on a 20-year old report of the Orange County Flood Control District Measures to address thIS WIll be extremely expenSIve. He was bothered by the manner m WhICh thIS report came to lIght. A number of consultants and professIonals have been involved m thIS project, yet somehow thIS very relevant report was not made a part of the discourse and dIalogue untIl a private CItizen submItted It to the CommissIon a week ago. He could not understand why the consultants and profeSSIonals dIdn't bnng this to the Commission themselves. In the worst ca~e scenano, somebody was sIttmg on It. Glvmg everyone the benefit of the doubt, somebody didn't do their homework This scenario makes me wonder what other things weren't disclosed. He was concerned about BIXby's paymg a fair share. He referenced the comment letter 0.2, generated by the BIXby Co , WhICh was m part commentmg on mItIgation measures 4.7-IA, 4.7- 2 and 4.7-3. These suggestmg the project would have adverse Impacts on the vanous agenCIes such as police, fire, lIbrarIes and that the CIty would look to BIXby Co. for help WIth this. BIxby Co., m its comments, appears to have stated that It had some reservatIons about whether a fair share would have a nexus or connection WIth those actIVItIes or whether It would be necessary. It also pOInted out the CIty was gettIng money from other sources, like an mcreased tax base. Therefore, BIxby Co. may contnbute afalr share. Mr. Martineau held up a brochure WhICh he saId was dIstrIbuted to the reSIdents of College Park East by the BIXby Co. It refers to benefits to be proVIded by the project but given the nature of the publIc Improvements that have been dIscussed he found It questIonable whether these benefits will meet up to the costs involved. EspeCIally to floodmg. It was hIS understandmg we cannot look to the Orange County Flood Control DIStrICt WhIle they set gUldelInes, the Flood PagC 20 - CIty of Seal Belich PhlUung COllllllMIOll MIliuM of JUlIC 21, 199~ . Control District doesn't cover the cost of Improvements. The propertIes the benefit bear the costs. Mr. Martineau said he IS opposed to the project, after beginmng at a neutral position. BIll Enckson * [No Addres~ Glvenl. Seal Beach Mr. Erickson saId the EIR was unreadable and maccurate He felt the EIR should have been accurate when presented to the CommISSion. Regardmg the EIR, Mr. Enckson saId the purpose of an EIR IS to mform the publIc and declSlon makers on a project's sIgmficant envIronmental impacts and ways to reduce them He Said he learned a lot from the dISCUSSIons at the CommiSSIon meetmgs and felt the FEIR was too massive, madequate, maccurate and unreadable. He said noise and flood concerns have not been adequately addressed. Regarding AFRC runways, in ExhIbIt A, 4R, the large runway IS always shown on the map but 4L IS not drawn on the document. Chairman Dahlman saId hIS comment comes nght out of the EIR m an outSIde agency commentIng that the runway 4L be more prommently dIsplayed. He asked staff how that was addressed. Mr. WhIttenberg saId there are a number of figures m the FEIR whIch mdlcate both runways. . Mr. Erickson wondered how staff could recommend the FEIR IS adequate when there are large gaps not addressed, such as traffic mItIgatIOn Staff has had the advantage of paId experts to come up with thIS data and paid tune to review the document. He asked how oversights hke thIS possible? AddIllonally, the FEIR does not demonstrate how the envIronment WIll be protected. He said he is agamst the FEIR and urged the CommISSIon to vote as the EQCB did. . Joe Siler * rNo Address GIven). Seal Beach Mr. StIer SaId he has been a College Park East reSident smce 1971. Regardmg dratnage, the first major flood m that area was 1971 and the second was m January 1995. He SaId the major cause of the 1995 floodmg was clogged dramage canals and not the excess water. Regarding predicted sigmficant mcrease m water flows, the EIR clearly shows a total mcrease of 1 % more water to come across the golf course due to the added impervIOus surfaces. That amount will be reduced durmg sustaIned rains as the ground WIll absorb water. However, when ground becomes saturated It too becomes ImpervIOUS What we are really talkmg about in terms of Increased water IS from 1 % decreasmg to 0%, dependmg on how severe the storm IS and how long it lasts. He didn't thmk thIS would cause major floodmg, espeCIally If the storm dratns are kept clear to handle the capacIty they were deSIgned to handle. RegardIng LeIsure World, Leisure World reSidents have concerns regardmg water flOWIng off thIS project. His understandIng IS that thIS would not happen. Some of the water flows thru the draInage ditch north of the San Diego Freeway out to the San Gabriel River. It does not cross the San Diego Freeway. The rest of the water, that comIng across the golf course, goes Into the Federal channel and drains Into the Naval Weapons StatIOn. The only way that water could get to Leisure World would be to back up and somehow come across Seal Beach Boulevard. Leisure . . . Page 21 . CIty of Seal BeaLh Phnll1l1g COI1I1I11\\IOI1 MUllIl(\ of June 21, 199~ World would be left untouched by any water flow from thIS project. Regarding the water easement and whether there would be any buIldmg m the area of the easement. There is an easement WhICh reqUIres the BIXby Ranch Co , the golf course, to contaIn 84 acre feet; it's designed to flood and become lIke a lake during a heavy rain. None of the building activIty would take place in the area that gets flooded as a part of the 84 acre feet or In the little extended area that the easement has beyond that. It's true that there's a 100-Year flood plain that much of Orange County IS located m. Some of these umts will be buIlt In that 100- Year storm plain Those umts are specIfically addressed m the EIR and there's an indIcation that they would have to be raIsed over the eXlstmg ground level by approximately twelve (12") inches. Regarding polIce, safety and costs, he remmded the CommIssIon that the financIal impact report shows that thIS project WIll generate, on an annual baSIS WhICh is separate from the one-tIme fees, 1.1 mIllion dollars In new revenue to the CIty at an estImated cost of $300,000 to the CIty. The most important pomt IS the pOint the project's opponents are making --- that If this project is rejected the land WIll remam vacant and the traffic WIll remain as It IS today. They are absolutely wrong on thIS Idea. The BIXby Ranch Co. has made a firm decISIon to change theIr golf course. ThIS IS probably the dnvmg point behind all of this. They want a better golf course, they want to re-do It and when they do that they have to thmk about the remainder of therr land. One of the thmgs they deCIded to do was to move the tennis facIlIty across the street. This would gIve tenms club members easIer access to the restaurant, to the locker rooms and meeting rooms Once the tenms club moves, what happens to those seven acres? BIXby Ranch Co. is a profit makmg company and they are gOing to figure out some way to get a profit to economIcally develop that land. The land IS zoned commerCIal and it WIll be developed commerCIally. Regarding the hotel SIte, people who oppose the hotel are 25 years too late. That land IS zoned C-2 and It'S acceptable for a hotel whether thIS project goes through or not. Commercial development IS certain and ItS traffic WIll be worse The traffic appears to be 23% - 25% greater If Bixby Co bUIlds out ItS 22 8 acres as commerCIal versus thIS entIre project Mr. SIler Said that If a person IS concerned about traffic and how the College Park East commumty looks then that person should support thIS project. The tenms club would be a mce addItion to the commumty. College Park East wanted to buIld a commumty center and park where the Old Ranch townhomes are now and the commumty, by a vote of 61 % In favor, was WIlling to in debt themselves to the extent of $1,000,000 In the early 1970's to have the park and commumty center. Now, BIXby Co. WIll buIld one for the community at no cost to the commumty. He saId he dId not understand how 61 % of the residents could be In favor In the early 1970's and people are opposmg It today He thought there is a SIlent majonty who are not wIllIng to come In and speak. The opponents, however, tend to get emotIonally Involved. The CommIssion WIll hear more opponents proportionately than proponents. He belIeved the majonty of College Park East reSIdents support thIS project They have had two straw votes, one among hIS commIttee WhICh was selected from people who had been opposed to development in the past, 75% of them support thIS proJect. The SWRL meeting straw vote was about 80% to make a deal With BIXby Co. and get the best deal they could for College Park East. He felt this is the best deal from Bixby Co. and he suggested the project merits the CommiSSIOn's support. . . . Page 22 - CIty of Seal Beach PlnmlUlg COIllIllI\'IOn MmukS of June 21. 199~ Gordon P. Trigg * rNo Address GIvenl. Seal Beach Mr. Trigg saId he IS a College Park resident of 26 years He recalled the past controversies over building at Lampson Avenue across Seal Beach Boulevard. He said he IS tIred of lookIng at a vacant lot at Seal Beach Boulevard and Lampson A venue and felt a beautiful buIlding could be located there whIch would enhance the College Park East commumty. If the dnving range is relocated to the interior of the golf course he would not have to look at its poles and chicken wire. The entrance and eXIt to the golf course would be placed at a signal and thIS should have been done years ago for safety He urged the CommIssIon to approve the project. Sue Corbin * (No Address GIven). Seal Beach Ms. Corbin said she dId not belIeve the PublIc Hear10g was handled in the letter of the law and not in the spint of the law because only twenty people have been able to speak at two Commission meet10gs At the fIrst meet1Og, the applicant took most of the meetIng's tIme; until 10:30 p.m. She felt future meet10gs should be better handled. She felt this is a hIgh density project and belIeved the denSIty should be brought back and the quality of lIfe should be enhanced. It should not be just a money project for Bixby Co., the quality of lIfe should be of major importance. She felt this IS bad tIm10g because the City IS changing City Managers. She felt the BIXby Co. should WIthdraw this applIcatIOn, as they dId during the Mola project, until the CIty has new staff. She felt that If a Development Agreement were drawn up, BIXby Co. should come under the same zomng as everyone else 10 Seal Beach and shouldn't get any special benefits. She dId not read anywhere what Bixby Co. planned to do WIth the animals IIv10g on the project site. She asked If they would be trapped, notIng they are not allowed to be moved under Fish & Game laws. She felt thIS should be addressed. She asked If the entIre project would be gated, or Just portIOns of the project? She felt the cItizens should not be negotiatIng in their homes WIth Bixby Co. ThIS happened dUrIng the Mola Co. project and It had very adverse ramifications. The CIty staff, or people who have been gIVen the authonty, should do the negotIatIng. She felt the reason some of the bus10esses have failed is that people were so angry at that BIxby Co. project along the Freeway they would not support the bus1Oesses. She said that may happen aga1O, "Seal Beach IS famous for that". There was a malt shop in the 1950's and the kids got mad at the owner and the kids wouldn't go in there. She said she didn't feel Bixby Co. would warn the lessees of the 50 % polItIcal impact of people be10g angry about the project. She felt this project IS proceed1Og the same way the Mola Co. project dId --- without really embrac10g the community and trY10g to make It a lIveable sItuatIon for the community. "It's baSIcally a money-making proJect". Rich Hauser * rNo Address GIven]. Seal Beach Mr. Hauser said he has been a Seal Beach reSIdent for the last ten years. He said he has a growing concern about statements made by Mr. Bradshaw. Mr. Bradshaw stated that the military dId not want to renew ItS lease WIth BIxby Co. for the lands at the clear zone area. In reviewing this, thiS IS not true ReVIew of a letter from Chase Morgan, Bixby Ranch Co., dated July 25, 1983, to the Department of the Army It states "BIxby has no 10terest 10 renew10g the lease upon its expiration. Instead, our 1OtentlOn IS to go forward as expedItiously as possible with a development of what remaIning land we own 10 the Seal Beach area, including thIS property". Bixby has 10creased the lease amount so much that the Government backed out of . . . Page 23 - City of Seal Beach P1amuIlg COllulII..lml MUlU\es of JUlIe 21, 1995 the lease. He saId he IS m favor of slow, thoughtful, safe, financially-supported, planned development. Regardmg accIdent potential zones, Mr. Hauser saId "Let's call a spade a spade, they are crash zones". Modern aIrcraft dynamICS gIve you a paIr of stubby wings on rockets. The two most dangerous tImes for accIdents IS on take off and landing. The pIlot does not make a decision on where an aIrcraft WIll crash; there IS no ghde factor to modern jets. He said there should not be any housmg at the end of runways. BIXby Co. has thIS zoned C-2 and there's nothmg the commumty can do about that He saId "BuIld your commercial property but don't put families at the end of a runway and put them m harm's way". Mr. Hauser said hIS background is four years m the Naval servIces m both the Umted States and southeast Asia. He has seen air crashes and they are not mce to see He saId the aIrcraft have no control, especIally when they lose power. The accIdent potential zones were ehnunated m the last AICUZ study. Now Bixby Co. moved onto these clear zone Issues They worked very hard at gettIng the Air Force instructIon in place which pulled the clear zones onto the base property. Again, aIrcraft don't know the dIfference and are gomg to crash where they're gomg to crash. Those zones are put there for a reason. The Army put them there knowing what the dynamICS of these aircraft are. In the AICUZ study, dated June 1, 1994, page 2.3, paragraph 2.a, clear zones, it states "Although the AIr Force Instruction 32-7063 does not normally apply to an Army installatIon, the Deputy ASSIstant Secretary of the Army on 14 September 1993 gave permiSSIOn to use AIr Force cntena at Los AlamItos He would bet thIS is the only non-AIr Force base at whIch runways for fixed-wmg aIrcraft has the mstructIOn m place regardmg land use. The dIfferent branches of the Umted States 111lhtary servIces do not routInely adopt regulatIons of the other branches; how dId It get there? He SaId he thought Mr. Bradshaw and hIS non-resIdent lobbYIsts worked very hard to have the AIr Force regulation put m place regardmg this base. Mr. Bradshaw hImself has even stated that. Mr. Hauser SaId he sees a pattern of steady encroachment on thIS base. He felt that AFRC was strategICally located here for area dIsaster and riot rehef and safety. He beheved that WIth the contInued Bixby Co. development threat, the Army aIr statIOn WIll pull up stakes and move, leavmg Seal Beach and the surrounding communities high and dry m the case of a dIsaster "And what is thIS for? It's for the almIghty buck". He SaId he doesn't hke the sugar-coated explanations BIXby Co. hands out and they are an affront to everyone's mtelhgence There are too many unanswered questions, poorly developed studIes and too many problems just around the corner If thIS project gets approved. He urged the CommISSIon to please conSIder and recommend to the City Council that the BIxby project not be approved. Marty Mahrer * fNo Address GIvenl. Seal Beach Mr. Mahrer saId he IS a College Park East reSIdent. Referencmg the exhIbited map, he SaId It'S a composite from the EIR and It shows the proposed housmg, the runway and part of the flood zones. He called It "Theory By Totally OmISSIon". He saId he has been an Engmeer for 33 years and hIS tOpIC IS "How To Buy A PIg In A Poke". ThIS IS an expreSSIon that has been used for years m SItuations that are always verbahzed so the prospective buyer remains uninformed or possibly informed by maccuraCIes and omISSIons of the facts ThIS repeated scenario is what's before the CIty at the present time Because of the madequacy of the storm basm and discussions with personnel at the Orange County EMA Flood Control Program office, he was . . . PagC 24 - ell)' of Seal Beach P1mllUlg ('OIlUlll~~IOII MUlutes of JUIIC 21, 1995 curious as to what thIS project would look hke wIthout the fancy handouts. He went to City staff and they dId not have any tract maps, lot elevation maps, sewer line connectIon maps or anythmg else other than what has been seen m the handouts. ThIS informatIon was not available five to six weeks ago at CIty Hall. The reason given for not havmg or for not askIng the developer to produce was that It was an added cost to the developer and that the project was not yet approved. In hIS 33 years of engmeenng, he has yet to see a project of any magmtude go without drawings. Here you're talkmg a lot of money and this IS Just commg off handouts. He applauded BIXby Co. or someone's ImagmatIon and the work IS not m any document at CIty Hall. He said "I find thIS totally dIsgustmg". ThIS type of mformatIOn IS mandatory prior to any development startIng, let alone m an area of a flood control basm. He found It mcredible that the CommissIOn was bemg asked to approve a project wIth VIrtually no plans for most of it. He felt it was like gIving BIxby Co a blank check for whatever they want to do and asked if someone is asleep? He asked hImself what BIXby Co.'s real goal m all of this and decided theIr hidden agenda IS that BIxby Co. wants the air statIon shut down because they want to particIpate in the development of It. That's where the really bIg money IS WIth theIr fnends in high places m Sacramento and Washmgton, D.C. they would pull It off. They know very well that people hVIng at the end of a runway WIll complaIn, so that's why they're puttIng them there. They WIll complam about the nOise and the water. Bixby Co. wants them to complain. And to be sure those complamts WIll reach ears that can do somethmg about It, they will put well-heeled people m those homes as they WIll have friends m hIgh places as was eVIdenced by some of the changes that are very prevalent; thIS IS the only aIr statIon m the country that has it. Faced wIth an onslaught of complamts, the mISSIon could move out of the area, the base declared surplus and be up for development. The scope of that massive development and the effects on the surroundIng area IS mcomprehensIble The loss of the dIsaster support area would be of monumental Importance to everyone 10 Southern CalIforma. "Are we to trade our safety and security for BIxby development profits? I hope not". The AFRC's close-in locatIon makes it indispensable to everyone in Southern Call forma He noted there's a lot at stake here --- noise, floodmg, traffIC, safety and pOSSIble loss of the AFRC. He saId none of the consultants lives in Seal Beach so It'S easy for them to throw whatever they want to the reSIdents. He urged the Commission to vote no on thIS project Larry Michaels * rNo Address GIven). Seal Beach Mr. Michaels saId he has been a College Park East reSIdent smce 1967. He talked about the flood basm, notmg that dunng the January 1995 storm he lost a $25,000 automobIle due to negligence of the CIty'S Pohce Department and the Garden Grove Police Department. He detaIled hIS dIfficultIes dunng that storm. He Said that in less than one hour after the rain stopped the streets were clear. He felt the floodIng problems are not the drams bemg plugged up but rather a lack of drams mstalled when Shapell bUllt the development m 1967. For one mile there are only two drams. Chairman Dahlman asked the secretary If additIOnal commumcatIons had been received? Ms. Fillmann Said no. CommIssioner Sharp asked ChaIrman Dahlman to ascertam from the applIcants how long the rebuttal WIll take and then deCIde on when tIns meetmg IS gomg to stop. He noted the CommissIOn needed to hear the rebuttal and needed addItIonal tIme to debate. . . . PagC 2S . CI1.y of Seal Beach Plnnnmg COIIUlII\.IOII MlIlulc. of JUIIC 21, 1995 Chairman Dahlman told the apphcant that If rebuttal were started tonight, it would be stopped in 17 minutes. He IndIcated July 5th would not be a good meetlng date as one of the Commissioners WIll be out of town CommIssIoner Sharp Said June 28th IS aVailable. Ken Bornholdt, attorney for the applicant, saId the appbcant estlmates the rebuttal wIll take 20 - 30 minutes. They could not make the rebuttal by 11 :00 p. m. and It would be theIr preference to push forward and are wilhng to stay late tomght. Chairman Dahlman IndIcated the CommIssIon's normal rules of procedure do not allow them to continue. Mr. Steele clanfIed ResolutIOn No. 9420, WhICh says the Commission WIll not take up any new agenda Item after 11:00 p.m. and the Commission WIll adjourn by 11:59 p.m. Commissioner Sharp saId he wanted to be sure that the Commission has bent over backwards to let the public be heard on thIS Issue and dId not want to ask anybody to cut theIr tlme short in order to rush thIS meetIng to a concluSIOn at 12 00 a m. Chairman Dahlman IndICated he was gettlng tIred and was not sure he wanted to make a decISIon in another hour. Commissioner Brown said he dId not see how the rebuttal and CommIssion discussion could be concluded tonight but 12.00 a.m. He saId to Mr. Bornholdt that what the CommIssIon IS asking is does the appbcant want to begIn now and do whatever they can and contlnue at another meetlng? Mr. Bornholdt saId It would be the appbcant's preference to have one single presentatlon. He was afraId If their rebuttal were broken up by a week or three weeks the Commission would not see the connectIons He would prefer to meet next week on June 28th. Comnussioner Sharp saId hIS only ObjectIOn would be If the meetlng could not be teleVIsed and could not be held In the CIty CouncIl Chambers. Mr. Whittenberg saId that the CommIssIon meetIngs can always be teleVIsed lIve when held In the Council Chambers. June 28th should be available for the Commission meetIng. MOTION by Sharp; SECOND by Dahlman to continue the Public Hearing to Wednesday, June 28, 1995, in City Council Chambers. MOTION CARRIED: AYES: 5-0-0 Sharp, Dahlman, Law, Campbell, Brown Mr. Whittenberg Said It would be alnght to adjourn to an earlIer tlme If the Commission so wished. The CommIssion determIned to stay at 7.30 p m. *lc'lc The CommissIOn conSidered Resolutions Nos 95-12 and 95-13 for CUP 95-3. Commissioner Brown asked if would be appropnate for the CommIssion to decide on resolutlons tomght when it was announced they would be prepared for another meetIng? Mr. Steele Said yes, as long as staff gives notlce tomorrow morl11ng to the apphcant and the people who spoke In opposItlon so they have the proper ten calendar-day appeal penod. . . . Page 26. Clly of Seal Beach P1alUlUlg COIIUlm\IOII MUlllle. of June 21. 1995 MOTION by Sharp; SECOND by Law to approve Resolution No. 95-12, thus approving Conditional Use Permit 95-3 for an extension of hours at 550 Pacific Coast Highway, Suite #111 for Los Cabos restaurant. The hours will be 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to 12:00 a.m. Friday, Saturday and holidays. MOTION CARRIED: AYES: 5-0-0 Sharp, Law, Dahlman, CampbeIJ, Brown '\C'\C* MOTION by Sharp; SECOND by Brown to appl'ove Resolution No. 95-13, thus approving Variance 95-3, permitting a variance from the required front and side yard setbacks in conjunction with the construction of a new two-car garage and second story addition at B- 21 Surfside. MOTION CARRIED: AYES: 5-0-0 Shar'p, Law, Dahlman, Campbell, Brown *** A..DJOURNMENT WIth a consensus of the CommIssIon, ChaIrman Dahlman adjourned the meetIng at 10:50 p.m. to Wednesday, June 28, 1995. Respectfully SubmItted, '10~~~ Joan Fillmann Recording Secretary APPROV AL: The Planmng CommIssIon Mmutes of June 21, 1995 were approved on Ci ILa '0' 19~ 1995. ~ 6!7.-,/Qr )",~",.JleJ OIl ;~.'$ to ~",,~oIJ-\- CJ9fY . CIty of Seal Beach Planning Commisslo~ SUBMITTED FOR RECORD By lU H YTE Date (0 _ ~ 1_ q '5 4416 Candleberry Avenue Seal Beach, Cahforma 90740 December 27, 1993 Mr Jerry Bankston, CIty Manager CIty of Seal Beach 211 EIghth Street Seal Beach, Caltfomia 90740 Re Proposed BlXby Project Seal Beach Boulevard Dear Mr Bankston , Wlule the EIR on the proposed Bixby project has not yet been submitted, we understand that housing has been proposed by Bixby Regardless of whatever development is proposed, we antJ.clpate an impact on our commuruty, specifically, the North Seal Beach Commuruty Center (NSBCC), and our parks As part of the mitigallon, we would hke to request that QUlmby funds or any other funds generated, be used toward the construc1lon of a community center/gym/mulll- purpose facility on a site in close proxunrty to College Park East. The existing NSBCC, located in Rossmoor Center, 15 heaY1ly impacted and difficult for us to use for College Park East (CPE) ac1lvilles Also, here m CPE, we have no covered facility m wInch to hold any of our community events We are held hostage to the weather, as was eVldenced by our latest actiVlty on December 11, 1993 -- a scheduled holiday activity for the nelghborhood children, which included crafts and a VlS1t from Santa Because of the mclement weather, we had to canceL These events take a lot of preparation time and expense, and are looked forward to with great antiClpallon m the neighborhood, and the children were very dlSappomted when we had to cancel. , . . One of the purposes of our association is to provide information through public forums on issues of concern to CPE and Seal Beach as a whole Agam, we are lirmted because of the heavy booking of the NSBCC. Because the Seal Beach Recreation Dept h1'\S hmited funds, we take on not only a Chmtmas program for the children, but also the Fourth of July event, at no expense to the City. Again, we are hmited because of our lack of facilities. The distance and traffic impacts between CPE and other facilities, such as Marina Center, make It very difficult for our people to access and partiClpate in -- especially children -- It'S Just too long and dangerous a bike nde. When the EIR is submitted, we will address tlus Issue more specifically. TIrls request 15 made with the full concurrence of the Executive Board of CPENA We further request that this letter be filed with the City, to be taken into consideration when mitigation measures are under review t, )t;jY yours V~~.Wh President, eon e Park East Neighborhood Association .... \Ylo ~ U E83 . VIETS ENGINEERING COMPANY E101 East E7th Stl""Elet Long Seach. CA 80806 City of Seal Beach P:annmg Commission SUBMITTED FOR RECOl'D By VI~T,", Date eo/:;zdQ5" . Phone: 310/426-2107 FAX: 310/426-9848 ~ ~ SEAL BEACH 19 June 1995 JUN20~ Planmng Commission City of Seal Beach 221 Eiohth Street Seal Beach,CA 90740 Subject VARIANCE 95-3 B-21 Surf side Reference: Notice of Public Heanng Dated 05 June 1995 , ....... Dear Planmng Commission Members This letter is in support of the Carey's request to remodel their residence at B-21 Surfside. The project will beautify and upgrade the neighborhood while working no hardship on any of the surroundlllg properties We request you grant VARIANCE 95-3 and that the necessary bUilding permit be Issued to Lee and Diane Carey Very truly yours, ~st~ A~118~ (P 0. Box 308) Surfside, CA 90743 ,