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HomeMy WebLinkAboutPC Min 1996-01-03 .. .' t . i . ~' CITY OF SEAL BEACH PLANNING COMMISSION AGENDA of JANUARY 3, 1996 7:30 P.M * City Council Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #96-2 I. PLEDGE OF ALLEG~ n. ROLL CALL ID. APPROVAL OF AGENDA By Motion of the Planning Commission, this is the tIme to: (a) Notify the public of any changes to the agenda; (b) Rearrange the order of the agenda; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. IV. ORAL COMMUNICATIONS At thIS tIme, members of the public may address the Planning Commission regarding any items within the subject matter junsdlctIon 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 Planmng commission, staff or the public requests that a specific item be removed from Consent Calendar for separate action. 1. Approve Planmng CommIssIOn Minutes of December 6, 1995. 2. ReceIve and FIle: Letter from Congressman Dana Rohrabacher, dated December 5, 1995, re: Communications Act of 1995. 3. Receive and File: Staff Memorandum, dated December 12, 1995, re: Receipt of "AIrport Environs Land Use Plan, Airport Land Use CommIssion, amended November 16, 1995". . , . I . 4. Receive and File: Artlcle from Newsweek magazine, dated May 15, 1995, entitled 15 Ways to FIX the Suburbs. 5. Receive and File: SmIthsonian article by John F. Ross, Risk: Where Do the Real Dangers Lie". 6. MInor Plan Review 95-7 Address: 7 Cottonwood Lane Applicant: Bob Dziadkowiec Property Owner: Bill Dawson Request: Approval of an architectural review for a second- story cabana. VI. I!IJBLIC HEARINGS 7. Zoning Text Amendment 95-1 [Contmued from 11-8-95 and 12-6-95] Applicant: Request: City of Seal Beach To establish City-wide standards for the temporary display of advertising banners in commercial/industrial zones. The proposed regulations would estabhsh a permitting process and set maximum time and size limIts for the display of temporary banners. Recommendation: Recommend to City Council approval of ZonIng Text Amendment 95-1 Subject to Additional provisions as determined appropriate and Adopt Resolution No. 96- . 8. Resolution 96-1 Approve DWP SpecIfic Plan Advisory committee's Proposed Revisions 0 the DWP Specific Plan. VII. STAFF CONCERNS 9. Staff Memo re 12309 Seal Beach Boulevard * Panda Panda Restaurant Change of Ownership. 10. Staff Memo re Code Enforcement Mechanism 11. Planning CommIssioners Orientation - January 19, 1996 The CIty of Seal Beach complIes WIth the Amencans WIth DIsabIlItIes Act of 1990. If you need assIstance to attend thIS meetmg, please telephone the CIty Clerk's Office at (310) 431-2527 at least 48 hours m advance of thIS meetmg , . . . I . Pace 3 - Cdy of Seal Beach I'Iamunc CclmmwJcla · Agrada of December 6, 1995 vm. COMl\flSSION CONCERNS IX. ~ The CIty of Seal Beach comphes WIth the Amencans With DisabIlitIes Act of 1990 If you need assIstance to attend thIS meetIng, please telephone the CIty Clerk's Office at (310) 431-2527 at least 48 hours 10 advance of thiS meetIng . PIce 4 - CIty of Seal Beach PIaunmg Cclmaua81Cl11 · AJenda of December 6, 1995 1996 AGENDA FORECAST IAN 17 . Main St. Specific Plan [Tentative] . V AR 95-5/225 6th St./Friedman's FEB 07 FEB 21 MAR 06 MAR 20 APR 03 . CUP 94-8/327 Main/Nip 'n Stuff @ 6 mos. APR 17 . CUP 95-1/1013 PCH/Pietro's 12 mos. hours. MAY 08 MAY 22 . CUP 92-1/909 Ocean/El Burrito 12 mos. ABC JUN 05 . CUP 94-1/600 Marina/Radisson 12 mos. ABC ION 19 . JUL 03 JUL 17 AUa 07 AUa 21 SEP 04 . CUP 94-8/327 MaIn/Nip 'n Stuff 6 mos. 2nd review SEP 18 OCT 09 OCT 23 NOV 06 NOV 20 DEe 04 DEe 18 . The City of Seal Beach complies With the Americans With Olsabdltles Act of 1990. If you need assistance to attend thiS meebng, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours 1D advance of thiS meebng. . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of JANUARY 3, 1996 The City of Seal Beach Planning Commission met in regular session at 7:32 p.m. in the City Council Chambers. Chairperson Campbell called the meeting to order with the Salute to the Flag. ROLL~ CALL Present: Chairperson Campbell Commissioners Sharp, Dahlman, Law, Brown Also Present: Department of DevelQpment Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary AflROV AL OF AGENDA Commissioner Sharp asked whether Zonmg Text Amendment 95-1 would be heard tonight or on January 17th? Mr. Whittenberg said it would be heard on January 17th and referred to the memo in the Commission's meeting notebook. MOTION by Sharp; SECOND by Dahlman to amend the Agenda to reflect the Public Hearing on ZTA 95-1 will be on January 17, 1996 and to approve the remainder of the Agenda. MOTION CARRIED: A YES: 5-0-0 Sharp, Dahlman, Campbell, Law, Brown ORAL COMMUmCATIONS There were no persons wishing to speak: and the Chairperson closed Oral Commumcations. . . . Plge 2 - CIty of Sell Beach PIannmc Cclmmw10ll MU1UlcI of JlIIIIIaJ')' 3, 1996 CALENDAR MOTION by Brown; SECOND by Law to approve the Consent Calendar as presented: 1. Approve Planning Commission Minutes of December 6, 1995. 2. Receive and File: Letter from Congressman Dana Rohrabacher, dated December 5, 1995, re: Communications Act of 1995. 3. Receive and File: Staff Memorandum, dated December 12, 1995, re: Receipt 01 "Airport Environs Land Use Plan, Airport Land Use Commission, amended November 16, 1995". 4. Receive and File: Article from Newsweek magazine, dated May 15, 1995, entitled 15 Ways to Fix the Suburbs. 5. Receive and File: Smithsonian article by John F. Ross, Risk: Where Do the Real Dangers lie". MOTION CARRIED: AYES: 5-0-0 Sharp, Dahlman, Campbell, Law, Brown SCHEDULED MAnERS 6. Resolution Number 96-1, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Revision 95-1 of the Department of Water and Power Specific Plan Staffs recommendatlon was to adopt Resolution No. 96-1, with any amendments detenmned appropnate, recommending to the City Council approval of ReviSIOn 95-1 of the Department of Water and Power Specific Plan. Commissioner Brown said he wanted to discuss Resolutlon No. 96-1, specifically Exhlblt A, item 2-2, which reads: 2. Motion by Dahlman, SECOND by Law to adopt the recommendation of the DWP Specific Plan Advisory Committee with a request to the City Council that the City Counczl meet with DWP to determine if there is a more appropriate number of units that would be acceptable to DWP, somewhere between 150 and 300 rooms. . . . PlIac 3 - CJIy of Seal Beach PIaau1Jq ComausIIClll Mmutca of JIIIIIIaIy 3, 1996 2. Reduce the maximum number o/permltted hotel rooms from 300 to 150; provided that, if the City Counczl, after receiving input from the property owner deems this provision is too restrictive, it is the recommendation o/the Planning CommissIOn that the City Council direct the City Manager to negotiate a viable number 0/ permitted rooms not to exceed 300. Commissioner Brown informed the CommIssion he received numerous telephone calls regarding the DWP site after the January 3rd Planning Commission meeting. Most of the callers were upset, feeling the Planning Commission waffled on the number of rooms a hotel on the DWP site could have. The callers felt 300 rooms on the DWP site would be far too many or that the rooms would have to be too small in size. The callers were very critical of the Planning CommIssion. Commissioner Brown said II And I have to agree that they were right and we were wrong in voting to allow this to go back up to 300 rooms. I think we essentially said that 150 rooms was the right number but we waffled and allowed an out. And I think that if the CIty Council wants to do that that's their business but ... I thInk we should say in thIS CommIssion we address land use issues and property rights of the neighbors and how things would best work together". He noted the Waterfront Hilton in HuntIngton Beach has 296 rooms and It'S approximately a five-story structure whereas, the Radlsson Inn, in Seal Beach, has 70 rooms. He said the DWP Specific Plan Advisory Committee had recommended a 150 room hotel for the site and felt the Planning Commission extended the number of rooms Ilbecause of fears of a lawsuit from the DWP". He said III guess maybe I had a lapse of consciousness but I Just can't vote for that amendment". He said he would like to change 2-2 to say II Reduce the maxImum number of permitted hotel rooms from 300 to 150". Commissioner Sharp noted the DWP site is four times larger than the Radisson Inn site. Commissioner Brown objected, saying no one would want a buIlding four tImes the SIze of the Radisson Inn on the DWP site. Commissioner Sharp said he did not feel the members of the Planning Commission had the expertise to decide exactly how many hotel rooms could be built on the DWP site. Commissioner Brown agreed, noting that decision would be up to a developer to decide what is economically viable. But Commissioner Brown said the Planning Commission can and should decIde whether a 300 room hotel should be allowed to be buIlt on that site. He said that large a structure would not be appropriate for the surrounding neighborhood. Commissioner Law said the City's height limitations would restnct the development. Commissioner Brown said there is no realistic way parkIng could be provIded for a 300 room hotel. The only way to accomplish the 300 rooms plus parkIng would be to make the rooms shoe-box size. Peae 4 - ~ of Seld Beach l'IIDnm& CommwIOll Mmutea of J8DII8I)' 3. 1996 . Commissioner Dahlman said he did not think Resolution No. 96-1 condoned bulldmg a 300 room hotel. He felt the Resolution's meaning was clear --- that the Commission would bke to permit a 150 room hotel although it may be necessary to go somewhat above that number. He asked if it would be more satisfactory to say 200 or 225 rooms? Commissioner Brown said he would like to see a much smaller number of rooms. For example, 75 rooms. He did not think the community would want something twice the size of the Radlsson Inn on the DWP site. Anything larger than 150 rooms would clearly be out of place and he would not support that. He felt Commissioner Dahlman was saymg 150 rooms would be right but that he was also allowing an out by adding the 200+ rooms; he didn't thmk the Commission should do that. Commissioner Dahlman noted the Waterfront Hilton has less acreage and 296 rooms and they have already been through one bankruptcy. He felt the Planmng CommiSSIOn should be lookmg not at the economics but at the land use Issues. The Commission started with a DWP plan that allowed a 300 room hotel plus many other amenities. The Commission IS in the process of scaling that down and the landowner, according to testImony at the January 3rd Commission meeting, objects to that. He felt it was only realistic to understand that any hotel probably would not end up being 150 rooms. . , Commissioner Brown said "I don't know that ... and I'm sure the DWP would prefer to put up a 5000 room hotel of 50 stories If they could. But that's not realIstic... and our Job IS conSIder the surrounding area and to say a four-times-the-size-of-the-Radisson hotel just does not belong in that neighborhood on that property" . Commissioner Dahlman said he disagreed. He asserted the Commission had to consider the interests of the neighbors and impact on the community but this should be balanced against the interests of the property owner. The Commission must try to find something faIr. He said he dId not know if 150 rooms was fair but if it is, then that's what the CIty Councll should inSIst on. He asked staff if the City Council would receIve more financial mformation? Mr. Whittenberg said staff will not be providing finanCIal information for the CIty Council, that information would have to come from the property owner. Chairperson Campbell said the DWP site will not accommodate a 300 room hotel. There is no mathematical way to bulld 300 rooms plus the required parking within the City's height limIt. She said quality rooms must be provided a seaside hotel, shoe-box sIze rooms would not be the quality expected. She felt any hotel over 150 rooms would be unreasonable. "If 150 proves unworkable the Council WIll deal with that. But our recommendation should be what we feel IS going to work and let the Council and the developer worry about the rest". . Commissioner Sharp said the Commission was losing sight of the fact that when extremely stringent regulations are placed on a SIte fewer applicants come forward WIth development proposals. If and when there is a development proposal it will have to come before the Planmng P8&e 5 - Cdy of SealIIeach PIamung CommusIOll Mmula of January 3. 1996 . Commission and that's when the Commission will have to decide what is going to go on that \ Site. Chairperson Campbell said the Commission will look at all development proposals. But at thiS time, the Commission is charged with making a recommendation to the City Council on the DWP Specific Plan. She reiterated her comments made at the January 3rd meetmg, noting much has happened in the City of Seal Beach since the initial DWP Specific Plan was prepared. These have been negative impacts on the environment, traffic, air and water. "We're not going to shoulder those burdens alone. Anyone who comes into the City to develop is going to have to share those burdens with us --- even people who are already property owners if they wish to develop ... II ~ Commissioner Sharp asked staff if the zoning on the DWP Site called for 70% open space? Mr. Whittenberg said yes, adding the 30% is the permitted buildable area. The total parcellS a little less than 10 acres and the 30% is 2.8 acres. He said he thought the Waterfront Hilton IS eight stones but was not able to get the exact number. The Radisson Inn Site affords the best comparison as it has the same height limitation as the DWP Site. He noted the Radlsson does not have a restaurant, banquet or meeting room facilities. Commissioner Sharp felt all the restrictions which currently are placed on the site would keep control on the development and when it does come before the Planning CommiSSIOn they will . be able to handle it. Commissioner Law agreed. Chairperson Campbell disagreed, saying the developers must know the City's parameters before they present a plan. Commissioner Brown said it would not be fair to allow a developer to spend money on a proposal and then have it turned down. Commissioner Dahlman said that is not what this Resolution says, it does say the Commission recommends a 150 room hotel. Commissioner Brown said "If that's what we want then let's just say it. 150 period. If the City Council decides they want to do something else they will do somethmg else". Commissioner Sharp said "I still don't think that any of us have the knowledge to be able to say how many rooms can be bullt there". Chairperson Campbell asked Commissioner Sharp what he then wanted to recommend? 500 rooms? 1000 rooms? . Commissioner Sharp said he did not think the Specific Plan should set a definite number. Once a figure is put in place It'S there for keeps. If no specific number of rooms is set then developers can be told they must scale back their proposal. Paae 6 - C~ of Sa1 Beach Plaunmg Comnu881011 Mmutea of JlIIIIIUY 3, 1996 . Chairperson Campbell felt this could be curtaIled right now, The surrounding residents know what kind of traffic is going to be generated by a hotel that has 300 rooms and possibly with a banquet facility. Commissioner Dahlman said he didn't think Commissioner Brown had a lapse of consciousness at the last Commission meetmg. He felt that what happened was that DWP's representative, Mr. Langewisch, furnished the Commission with a letter from DWP's attorney. Had all those persons who called Commissioner Brown seen that letter and heard Mr. Langewishch's mput they would understand why Resolution No. 96-1 reads the way it does. MOTION by Dahlman; SECOND by Sharp to approve Resolution No. 96-1 as presented. Before the vote, Commissioner Brown said he felt the letter from DWP swayed the Commission exactly the way it was intended to. But what the Commission did was pass the buck by essentially saying, let the City Council deal with thiS. He felt the Commission should not say "Let's kick this upstairs because we can't decldell. He contmued to say that If the Commission was worried DWP might sue the City, then the Commission should have stated the number of hotel rooms it thought was right and let the City Council worry about a law SUIt as that would be in their purview. They consider other issues the Commission does not. . Commissioner Sharp said if the City had money to hire a hotel development expert to mvestigate the property and tell the City what the correct number of hotel rooms would be, then he would agree to that certain number of hotel rooms. Commissioner Brown said the Planning Commission should not consider the economic viability of a development as that IS not the Commission's job. However, what the Impact of a development will have on the surrounding community is the Commission's job. Commissioner Sharp asked how he could tell without an expert to tell you? Chairperson Campbell said an expert was not needed to explain how much traffic would be generated on the surrounding areas by a large hotel complex. The traffic issues go beyond economiCS, they go to quality of life issues. Commissioner Law called for a vote. Commissioner Brown said to Mr. Steele that he would vote against the Motion the way it IS now worded. He asked if section 2-2 could be amended? Mr. Steele said the resolution IS whole, one item. The issues were separated out at the January 3rd meeting when straw votes were taken. The resolution will have to stand or fall as a whole. He further indicated the Motion could be amended. MOTION by Brown; SECOND by Campbell to amend the Motion with Attachment A to read: 2. Motion by Dahlman, SECOND by Law to adopt the recommendatlon of the DWP Specific Plan Advisory Committee wuh a request to the Cuy Council . . . . Plgc 7 - Ctl;y of Seal Beach I'IaDnmg ComousBIOIl MmuIcB of Jsnuuy 3. 1996 that the CIty Council meet with DWP to determine if there IS a more appropriate number o/units that would be acceptable to DWP, somewhere between 150 and 300 rooms. 2. Reduce the maximum number o/permitted hotel rooms from 300 to 150. .. pr6videfl that, if the City C81J,1teiI, 8/ter reeeiving input fr61'1t the pF6peFty 8wner tke1'lt& this pr6'lisi811 is t86 FestFietive, it 18 the reC61'1t1'1tcndall8n 8/ the l'laltlting CfJ1'IfI'IiiSSl811 that the City C81MfCi1 aiFeet the City Ma1tager 18 neg8liate a 'liable ltWf'lSeT of pamitted F66I'I19 Mt 18 &eeed 300. Commissioner Sharp asked if it would be permissible for him to withdraw his Second to the Motion? Mr. Steele said the amendment would have to be consIdered first. MOTION FAILED: 2-2-1 AYES: NOES: ABSTAIN: Brown, Campbell Law, Sharp Dahlman The Commission voted on Commissioner Dahlman's Motion next: MOTION CARRIED: A YES: NOES: 3-2-0 Sharp, Dahlman, Law Campbell, Brown Mr. Whittenberg said thIS matter will now be forwarded to the City Council for Public Hearing. He was not sure of the exact date of the Public Hearing but assumed it would be the Council's second meeting in February. PUBLIC IlEARmGS 7. Zoning Text Amendment 95-1 [Continued from 11-8-95 and 12-6-95] Applicant: CIty of Seal Beach Request: To establish City-wide standards for the temporary dIsplay of advertIsing banners In commercial! industnal zones. The proposed regulations would establish a permItting process and set maximum tIme and SIze limits for the display of temporary banners. This matter was continued to January 17, 1996. PIce 8 . CIty of Seal Beach PIaJuung ComnuIIIClll MInutes of Jenuuy 3. 1996 . STAFF CONCERl'{S 8. Staff Memo re 12309 Seal Beach Boulevard * Panda Panda Restaurant Change of Ownership. Director Whittenberg said this memo was presented to the CommIssion to make them aware there is a change of ownership and the new owners have signed the necessary City documents which indicate they WIll abide with all the condItions of the previously imposed Condloonal Use Permits for the property. 9. Staff Memo re Code Enforcement Mechanism Mr. Curtis said the staff memo covers code enforcement issues which are imposed through discretionary permits as well as the City's municipal laws. It has been brought before the Commission due to concerns expressed over enforcement problems. . Commissioner Brown said in May 1991 City lifeguards and code enforcement personnel were given authority to issues citations by the City Council. That would have given Planmng Department staff authority to issue citaoons for violaoons of Conditional Use Permits or any municIpal statutes. Now, the Planning Department's process is to try to achieve complIance via agreement. If no agreement or compliance comes forth, then the City has to pursue legal action. Mr. Curtis said the original proposal was to allow code enforcement personnel to Issue cltaoons but it wasn't granted by the City Council. Commissioner Brown asked if staff feels it needs the authority to Issue cItations? Mr. Curtis said most of the time the current system works. It costs the CIty $50 to $60 to investigate and pursue each municipal code violation complaint and this cost is not recouped by the City. However, a citation process would allow the City to recoup some of its costs. He saId about 5 % of those persons receiving City letters relating to code enforcements do not comply. However when the matter is forwarded to the CIty Attorney's Office, the 5% usually comply at that point. In the last seven years, there have been three people who still would not comply at that point and the City had to prosecute them. In a roundabout way the current system works. But it costs money which the CIty Just loses. Commissioner Brown asked staff If they would like citaoon authority? Mr. Curtls said the CIty Council has said IINol1 so at this point there is no option, unless the Council were to change Its opinion. Mr. Whittenberg said staff would be able to take advantage of the addItional authonty if it were granted to them. It would speed up the process of gaining complIance without havmg to involve the City Attorney. Once a case gets to the point where the City Attorney's Office becomes involved the costs to the City become much greater. In some cities, violators of municipal codes simply pay the cItation ticket and continue to violate. Some of those cases do . hac 9 - CJI;y of Seal Beach PIaIInmg ComnusaIClll Mmutea of JlDuary 3. 1996 . wind up in court. Mr. Whittenberg, responding to Commissioner Brown, said It would make sense to have citation authority for municipal code violation work. Mr. Steele said two issues are involved in the citation process: 1. The City's attitude toward Code enforcement. In upscale communities hke Seal Beach the typical attitude is compliance oriented, user friendly. The idea is to get a problem solved rather than impose a penalty. 2. The citabon authority helps that type of system by giving code enforcement officers a little more of a hammer when they're trying to ga10 comphance. It's a little more legally threatening than a letter on City letterhead. As a practical matter, a citation from a code enforcement officer and a letter from Mr. Sh1Otanl, the prosecutor in the City Attorney's Office have the same force and effect. They both say to comply by a certain date or the City will take them to court. Practically there's a lot of difference. When a person has a citation 10 hand they are more apt to take that seriously sooner and take care of the problem. He wd his perception was that the code enforcement system works well 10 Seal Beach because Mr. Shintani does not have a lot of cases here. While the citabon process may not be an urgent need, It would certainly be a useful tool for them to have. . Commissioner Law asked staff what types of code violations occur? Mr. Curbs said most of the violations center around people not taking care of their yards property --- accumulation of Junk, overgrown weeds, building fences WIthout a permit. There are complaints of Illegal construction which are often handled through a Building Department stop work order. There are complaints of illegal dwelling units. CommissIOner Brown asked if there were violations of Conditional Use Permits? Mr. Curtis said yes but not as frequently as real property violabons. Chairperson Campbell asked what remedies are available to persons who complain about a neighbors overgrown yard? Mr. Curtis said many of those complaints are civil matters. The City Code describes property condibons which are deemed to be public nUIsances. Mr. Steele said the issue of code violations comes to a dIfference between a public nuisance and a private nuisance. If it's a public nuisance, it's affecting a neighborhood. If it's affecting one neighbor, it's a private nuisance. 10. Planning Commissioners Orientation, January 19, 1996, San Diego . Mr. Whittenberg said staff wanted to make the Commissioners aware there is a one-day seminar in San Diego on January 19th. The City has funds available to pay for the registration but travel expenses would have to be paid by the indiVIdual. .... P1talll0 - CIty of SW Beach PIamuuc CamouIsIOll Mmutea of January 3, 1996 . COMMISSION CONCERNS Commissioner Dahlman wished everyone a Happy New Year. AD.I.Ol.IBNMENI Chairperson Campbell adjourned the meeting at 8:22 p. m. Respectfully Submitted, ~c~~~ Joan Fillmann Recording Secretary APPROVAL: The Planning Commission Minutes of January 3, 1996 were approved on January -+\.. 11--, 1996. ~ . .~