HomeMy WebLinkAboutPC Min 1996-05-08
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CITY OF SEAL BEACH PLANNING COMMISSION
AGENDA OF MAY ~, 1996
7:30 P.M. · City Council Chambers
211 Eighth Streett Seal Beacht CA
Next Resolution: #96-21
I. PLEDGE OF ALLEGIANCE
ll. ROLL CALL
m. AGENDA APPROVAL
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 COMMUNlCA nONS
At this time, members of the public may address the Planning Commission
regarding any items within the subject matter jurisdiction of the Planning
Commission, provided that NO action or discussion may be undertaken by the
Planning Commission unless otherwise authorized by law.
V.
CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and are enacted by
one motion unless prior to enactment, a member of the Planning commission,
staff or the public requests that a specific item be removed from Consent
Calendar for separate action.
1. Minor Plan Review 96-2
[Continued from April 17, 1996]
Address:
229 Seal Beach Boulevard
Applicant:
Walter Miller
The City of Seal Beach complies With the Amencans With Dtsablbbes 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 ID advance of the meebng
"e 2 . CIly rI Se.II BeIdI ....... c-.._ AaaIIIa · M.y S, 1996
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Property Owner:
Walter Miller
Request:
Architectural review of a proposal to
construct a new mixed use development at
229 Seal Beach Boulevard. The proposed
development consists of a one-story
commercial building at the front of the lot
with a three-story, two-unit residential
structure at the rear of the lot.
Recommendation:
Approval through the adoption of Resolution
96- _, subject to conditions,
2. Approve Planning Commission Minutes of April 17, 1996.
3, Receive and File: City Council Staff Report dated April 22, 1996 re: SB
1896 - Telecommunications Permit Cost Recovery Legislation.
4.
Receive and Flle: City Council Staff Report dated April 22, 1996 re:
Receipt of -Notice of Intent to Prepare a Draft Environmental Impact
Report (DEIR) for the Marine Corps Air Station El Toro Community
Reuse Plan - .
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5. Receive and File: City Council Staff Report dated April 22, 1996 re:
Notice of Preparation of EIR - Merger of Huntington Beach
Redevelopment Project Areas.
6. Receive and Flle: City Council Staff Report dated April 22, 1996 re:
Receipt of DEIS - Disposal and Reuse of Long Beach Naval Station.
VI. SCHEDULED MA TIERS
7. Consideration of Resolution 96- _
for ZT A 96-2(a) * City of Seal Beach
Denying the prohibition of new third stories in the MHO and RHD zones
of Old Town.
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The City of Seal Beach complies with the Amencans With Dlsabihbes 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 In advance of the meebng
ruN 05 . CUP 94-1/600 MarinalRadisson 12 mos. ABC
ruN 19
JUL 03
JUL 17
AUG 07
AUG 21
. SEP 04 . CUP 94-8/327 Main/Nip 'n Stuff 6 mos. 2nd review
SEP 18
OCT 09 . CUP 94-4/770 PCH/Burger King Final review @ 12 mos.
of drive-thru window.
OCT 23
NOV 06
NOV 20
DEe 04
DEe 18
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The City of Seal Beach complies With the Amencans With Disabdlbes Act of 1990 If you need assistance to attend thiS
meebDg, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours In advance of the meebng.
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....e 3 . Cd;y <<Seal BeIda I'IIaIIaI8 c-- AI'" · May I, J996
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Consideration of Resolution 96- _
for ZfA 96-2(b) * City of Seal Beach
Denying, thus not allowing certain roof treatments to exceed the 25'
height limit by up to 2 - 3'.
9. Consideration of Resolution 96- _
for Conditional Use Permit 94-4 * Leroy Stone
770 Pacific Coast Highway (Burger King)
Approving a six (6) months extension, a children's table to seat ten (10)
children and the addition of a Condition of Approval regarding the
catalytic emissions scrubber.
vu. PUBLIC HEARINGS
10. Zoning Text Amendment 96-5
Applicant: City of Seal Beach
Request:
To change the side yard setbacks for properties whose side
yards abut Bolsa A venue from the current 15 % of lot width
with a 36 foot utility easement to a flat 36 foot setback.
The intent of this amendment is to preserve the open space
along Bolsa Avenue with the forthcoming abandonment of
the easement.
The second alternative to be considered is to leave the
existing 15 % lot width side yard setback but only allow
one-story structures to be built within the 36 foot wide
former easement area.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
11. Consideration of Resolution No. 96-20
Honoring Patricia E. Campbell
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ADJOURNMENT
The City of Seal Beach compbes with the Americaos With Olsabdibes Act of 1990. If you need assistance to attend thiS
meebDg, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours m advance of the meetmg
....e 4 - CIlJ . Seal JIe8ch ....... "-- AI'" · May., 19!16
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1996 AGENDA FORECAST
MAY 22
CUP 92-1/909 Ocean/El Burrito 12 mos. ABC
[Changed ownership 1/96]
. CUP 9S-1/Pletro's Pizza/l013 PCH [12 mos. OR revocation]
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. CUP 94-8/327 Main/Nip 'n Stuff @ 8 mos.
. Setback Exemptions for Plant-Supporting Structures [2-7-96]
ruN OS . CUP 94-1/600 MarinalRadisson 12 mos. ABC
ruN 19
JUL 03
JUL 17
AUG 07
AUG 21
. SEP 04 . CUP 94-8/327 Main/Nip 'n Stuff 6 mos. 2nd review
SEP 18
OCT 09 . CUP 94-4/770 PCH/Burger King Final review @ 12 mos.
of drive-thru window.
OCT 23
NOV 06
NOV 20
DEe 04
DEe 18
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The City of Seal Beach complies With the Amencans With Olsablllbes 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 In advance of the meebng.
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CITY OF SEAL BEACH PLANNING COMMISSION
MINUTES OF MAY 8, 1996
The City of Seal Beach Planning CommissIOn met In regular session In CIty Council Chambers
at 7:30 p.m. The Chair called the meetIng to order WIth the Salute to the Flag.
ROLL CALL
Present
Chairperson Campbell
Commissioners Sharp, Brown, Law
Also
Present:
Department of Development ServIces
Lee Whittenberg, Director
Craig Steele, Assistant City Attorney
Barry Curtis, Associate Planner
Joan Fillmann, Executive Secretary
Absent:
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Commissioner Dahlman
MOTION by Sharp; SECOND by Brown to excuse Commissioner Dahlman's absence.
MOTION CARRIED:
AYES:
ABSENT:
4-0-1
Sharp, Brown, Law, Campbell
Dahlman
AGENDA APPROVAL
MOTION by Brown; SECOND by Sharp to amend the Agenda by moving item #10 to the
front of the Agenda and extracting item #1 from the Consent Calendar for separate
consideration.
MOTION CARRIED:
AYES:
ABSENT:
4-0-1
Sharp, Brown, Law, Campbell
Dahlman
COMMISSION CONCERNS
11. ConsIderation of Resolution No. 96-20
Honoring Patricia E. Campbell
Vice Chairman Brown read Planning CommIssIon Resolunon No. 96-20 whIch honored and
thanked Chairperson Campbell for her dedicated service to the City of Seal Beach. He then
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P8&e 2 - ~ of Se8I Beach PIaIuuoa ComauaaIClll MInutes of May 8, 1996
presented Chairperson Campbell with a caricature sketch of herself at work done by a local
artist. Chairperson Campbell said she would deliver a thank you speech at the end of the
meeting.
MOTION by Brown; SECOND by Sharp to approve Resolution No. 96-20.
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Sharp, Brown, Law, Campbell
Dahlman
ORAL COMMUNICA nONS
Ed Simmons ... Seal Beach
Ed Simmons, referencing Walt Miller's project, spoke of his concern about Planning
Commissioner's attitudes. He rebuked the Commissioners for not visiting the sites under
reyiew. For example, regarding Minor Plan Review 96-2, an application submitted by Walt
Miller, Mr. Simmons felt that a Commissioner's comments "Well, three weeks doesn't matter,
you've waitedfouryears-, was out of line. He indicated Walt Miller and his family are known
world-wide as bicyclists and own a bicycle shop in Seal Beach. He indicated the Miller's are
a great asset to Seal Beach and have done a lot for the City. Their proposed buildmg Will be
beautiful, just like their other building at the same locale. Mr. Simmons expressed his concern
that the Planning Commissioners are the officials voting on apphcations when they don't VISIt
the sites and don't know long-time City residents.
With no one wishing to speak, the Chair closed Oral Communications.
CONSENT CALENDAR
MOTION by Sharp; SECOND by Law to approve the Consent Calendar as follows:
2. Approve Planning Commission Minutes of April 17, 1996.
3. Receive and File: City Council Staff Report dated April 22, 1996 re: SB 1896
- Telecommunications Permit Cost Recovery Legislation.
4. Receive and File: City Council Staff Report dated April 22, 1996 re: Receipt
of "Notice of Intent to Prepare a Draft Environmental Impact Report (DEIR)
for the Marine Corps Air Station EI Toro Community Reuse Plan".
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l'1Iae 3 . C1ly of ScaI Beach J>Iaonmg CclaumIaIOl1 Mmutca of May 8. 1996
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Receive and File: City Council Staff Report dated April 22, 1996 re: Notice
of Preparation of EIR - Merger of Huntington Beach Redevelopment Project
Areas.
6. Receive and File: City Council Staff Report dated April 22, 1996 re: Receipt
of DEIS - Disposal and Reuse of Long Beach Naval Station.
MOTION CARRIED:
AYES:
ABSENT:
4-0-1
Sharp, Brown, Law, Campbell
Dahlman
Consent Calendar item #1 was considered separately.
1. Minor Plan Review 96-2
[ContlOued from April 17, 1996]
Address:
Apphcant:
Property Owner:
Request:
229 Seal Beach Boulevard
Walter MIller
Walter Miller
Architectural review of a proposal to construct a new
mixed use development at 229 Seal Beach Boulevard. The
proposed development consists of a one-story commercial
buildlOg at the front of the lot with a three-story, two-umt
residenbal structure at the rear of the lot.
Commissioner Brown commented that he and Mayor Hastings VISIted the SIte last week, meeting
with the applicant. They reviewed the plans, went over the grounds and the apphcant shared
the history of the project.
MOTION by Brown; SECOND by Sharp to approve Minor Plan Review 96-2.
Before the vote, Director WhIttenberg lOdlcated staff had prepared a Resolution indicating
approval of thIS item which the CommiSSIOn had delivered to them Monday of thIS week for
their review.
Commissioner Brown amended his Motion, the Second accepted the amendment:
MOTION by Brown; SECOND by Sharp to approve Minor Plan Review 96-2 through the
adoption of Resolution No. 96-21, subject to all Conditions of Approval noted in the staff
report.
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PIgc 4 - CIty of Seal Beacb PIaJuuDg CclmmJasIClll Mmutea of May 8, 1996
MOTION CARRIED:
AYES:
ABSENT:
4-0-1
Sharp, Brown, Law, Campbell
Dahlman
SCHEDULED MA'ITERS
7. Consideration of Resolution 96-22
for ZT A 96-2(a) * City of Seal Beach
Denying the prohibition of new third stories in the MHO and RHD zones of Old Town.
MOTION by Sharp; SECOND by Law to approve Resolution No. 96-22.
MOTION CARRIED:
A YFS:
ABSENT:
4-0-1
Sharp, Brown, Law, Campbell
Dahlman
8. Consideration of Resolution 96-23
for ZTA 96-2(b) * City of Seal Beach
Denying, thus not allowing certain roof treatments to exceed the 25' heIght limit by up
to 2 - 3'.
MOTION by Sharp; SECOND by Law to approve Resolution No. 96-23.
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Sharp, Brown, Law, Campbell
Dahlman
9. Consideration of Resolution 96-24
for Conditional Use Permit 94-4 * Leroy Stone
770 Pacific Coast HIghway (Burger King)
Approving a six (6) months extension, a children's table to seat ten (10) children and the
addition of a Condition of Approval regarding the catalytic emissions scrubber.
The Chair asked if staff has heard anything on the installation of the scrubber'! The Director
indIcated the Commissioners have received a copy of a FAXd letter from Leroy Stone
[Attached]. Mr. Stone provided staff a copy of an invoice showmg the equipment has been paid
for but due to a mixup with the freIght company it has not been dehvered for mstallatlon yet.
Installation is expected on May 17th. Staff wdl report back to the CommiSSIOn on Its
installation.
Plac 5 - Ctl,y of Seal Beaeh PJamunc CcImmJsIKlII Mmutca of MIl, 8, 1996
. MOTION by Sharp; SECOND by Law to approve Resolution No. 96-24.
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MOTION CARRIED:
AYES:
ABSENT:
4-0-1
Sharp, Brown, Law, Campbell
Dahlman
PUBLIC HEARINGS
10. Zoning Text Amendment 96-5
Applicant: City of Seal Beach
Request: To change the side yard setbacks for propertJ.es whose side yards abut
Bolsa Avenue from the current 15 % of lot width with a 36 foot utility
easement to a flat 36 foot setback. The mtent of this amendment is to
preserve the open space along Bolsa A venue with the forthcoming
abandonment of the easement.
The second alternative to be considered is to leave the eXIsting 15 % lot
width side yard setback but only allow one-story structures to be built
wlthm the 36 foot wide former easement area.
Staff Re.port
Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for
reference]. Staff indicated no correspondence had been received regardmg this matter.
Commission Ouestions on Staff Re.port
Comrmssioner Sharp asked if the 36' easement reverts back to the property owners? Mr. Steele
said the easement will be abandoned back to the property owners.
Comrmssioner Sharp asked about only allowing single story structures to be built into that 36'
setback. Mr. Curtis said the first alternative would be to allow no liveable structures, just patios
and gazebos. The seCond alternative would allow one-story habItable space wIthIn the former
easement. The third alternative ,would be to allow two-story habItable structures up to the 10'
setback.
Commissioner Law asked what the other HIll propertJ.es are allowed to do? Mr. CurtJ.s said
other HUl properties which abut a side street are allowed to build within 15% of the lot's width.
The subject properties are approximately 36' wider because of the easement.
Commissioner Brown asked what the rear yard versus side yard setbacks were? Mr. Curtis said
the rear yard setbacks are 10' on Marina HIll and the SIde yard setbacks are 5' on an interior
lot and 10% of the lot width or up to 10' at a SIde street. In thIS instance, the rear yard would
be 10' and the side yard would be 10'.
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PlIgc 6 . ~ of Seal Bc8ch PIannJog Comnus8Kl11 MInutes of May 8, 1996
Charrperson Campbell asked if there are 17 homes affected by this? Mr. Curtis explained there
are two homes which have additions built into the easement. In both of those instances the
power lines weren't actually over the properties but were over the City's sidewalk.
Commissioner Brown asked if the homes on Coastline Drive were different because those were
rear yards? Mr. Curtis said yes.
Commissioner Brown asked if they have the same 36' easement and if staff is proposing to
change that? Mr. Curtis said yes, they have the 36' easement and staff is not proposing any
changes. He explained that those homes could build a second story in their rear setback because
along Coastline, there, you have a continuous wall built up off the sidewalk. Due to how the
homes are situated, a viewable area is not provIded which you get along the rest of Balsa Ave.
Commissioner Brown asked that if everybody were allowed to build two-story structures withlO
ten feet of the property line if it would have a canyon-like effect? Mr. Whittenberg SaId there
would be a potential for that. Mr. Curtis said it was more that the eXIsting scenic area, the
wider landscaped area, could potentially be lost.
Commissioner Sharp asked if there were any timetable on when the easement area would be
released to the property owners? Mr. Whittenberg said not to stafrs knowledge. The work IS
on-going. The actual power hnes have been removed. The towers are suU StandlOg and staff
doesn't know when they will be removed and quit claims filed on the easements. Commissioner
Sharp said he didn't feel the Planning Commission should get into thIS without doing a lot of
studying.
Public Hearing
John Dampman * 601 Bayside Drive. Seal Beach
Mr. Dampman SaId he did bring a letter to the CIty but somehow It got lost at CIty Hall.
He has been a City residence since 1966 and his is one of two homes with an addition. His
addition was built in 1973, the plans show the structure comes to within 13th' of the property
line and it's a one-story addition.
He said only 15 homes are involved in thIS ZTA and 14 of those homes have eXIsting block
walls. Eight have block walls on the property line and they're all a mlmmum of 6' hIgh. Some
are tiered back and are 8' or 9' high. There are 12 homes with block or slump walls, lIS grape
stake, 1 is wooden. HIS feeling IS that the homeowners should have the right to erect walls and
to, build on their property to the 15 %. They should be allowed to build two stories. There is
only one yard which can be seen from the street.
He said he was concerned about the Planning Commission's authority and assumed whatever the
Commission were to do would be pro-active versus reactive. The Chair assured him he would
not ask him to tear out his addition.
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P8ge 7 - CIty of Seal Beach 1'IImnIDB CommwIOll Mmutes of May 8, 1996
He said "We're not protecting open space right now. Fourteen of the fifteen lots have walls.
Hls feeling that the people should be allowed to put eIther a one-story or two-story ... and he'd
support the 15% from the property line, the ong1Oal setbackll.
Ralph Oxenrider * 600 Balboa Drive. Seal Beach
Mr. Oxenrider agreed with Mr. Dampman's comments on open space and said he was against
restricting taxpayers. He was not opposed to the 15% or the one-story addItions. He said a 36'
easement would be unreasonable.
Mary Pitt * 1140 Coastline Drive. Seal Beach
Ms. Pitt said she now understands her back yard will remain with a 10' setback. She saId if her
property is sold, those people should be allowed to build whatever they want in the rear yard,
even a two-story structure. She has no plans to add on. She did state Bolsa Avenue is
extremely noisy and that's why people want the high walls.
Andreas Grato,p,p * 600 Beachcomber. Seal Beach
Mr. Gratopp said it is wonderful to get rid of the power lines. He said he wasn't notified when
the City put in Stop signs at Bolsa Avenue. Mr. Whittenberg explamed public versus private
property Noticing requirements. He 10dicated McGaugh School was to send Notices but they
didn't. Mr. Gratopp noted most of houses are one-story with approximately 20' between the
houses. The effect is canyon-like already and he dIdn't see what the property owners 10 question
should be restricted to one-story structures. He felt it would be unfair and unjust to not allow
all property owners to build to the same extent, I.e. 15% from the property line and to two-
stories.
Mr. Shoemaker * 601 Sandpiper Drive. Seal Beach
Mr. Shoemaker saId he viSIted CIty Hall to ask for clarification about the quit claim of the
easement. He said that tax-wise there is no difference between a back yard and a side yard.
Speaking about open space, he noted that historically open space has been unfenced land, such
as range land. The land in question is definitely not open, it's walled in 8' to 10' high. The
houses are almost 40 years old and now the City proposes to place a restriction on them that
they can't build in the 36' abandoned easement. There is a canyon effect on one SIde. The
power lines goes down Seal Beach Boulevard and those homes abut the hnes at approXlmately
10'. He asked why nobody is C9ncerned about their easements? He smd the City should make
building rights the same for everybody in the same zoning district. The action of the City
should be no action.
David Keevler * 600 Sandpiper Drive. Seal Beach
Mr. Keevler said the easement was a safety deVIce for Southern California Edison, it was not
a building restriction. The property 10 question should not be more restnctlve than other
property restrictions on Marina Hill, such as 45 % lot coverage. He said their propertles should
then be allowed to have the 45 % lot coverage and their properties won't look any dIfferent than
the other neIghborhood properties. The City's action should be no action.
Plae 8 - ~ of Seal Beach I'IaDnmc Cclmmwlon MmuteIJ of May 8, 1996
. With no other persons wishing to speak, the ChaIr closed the Public Hearing.
Commission Comments
Commissioner Sharp asked the width of the lots without the 36' easement? Mr. Curtis said the
lots are approximately 44' wide. With the 36' easement included, those lots are approximately
80' WIde.
Commissioner Sharp asked if the City's Code would prohibit a homeowner of one of these lots
from bulldozing their lot and subdividing it into two lots? Mr. Curtis said yes; you need a
minimum 50' lot width.
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Drrector Whittenberg clarified points brought up during the Public Hearing. One question was
why wasn't the restriction brought around to the Seal Beach Boulevard side where the homes
back to the Boulevard. He explained there was no easement on private property there, the lines
are all on public property there. Additionally, thIs matter is brought before the CommiSSIOn
because staff felt it was an opportune time for the City to review its policy and see if the
Commission wishes to maintain its existing policy or do something different. Staff thought it
would be better to be pro-active than to wait until someone wants to obtain a buildmg permit and
then be reactive. Also, the easement area does not restrict building, it restrIcts It to the
discretion of the company holding the easement. They have the option to allow something to
be built in that area. If they were to determine it was alright to build a structure in the
easement, then that structure would have to meet current City reqUIrements, the 10' setback, the
25' height limit, et cetera.
Commissioner Sharp asked if the Planning Commission was required to take any action and if
no action were taken would the existing rules and regulations contmue to apply to that area?
Mr. Whittenberg said yes. Commissioner Sharp said he would be in favor of that.
Commissioner Law said she was in favor of no change, noting that if the other homeowners on
Marina Hill can build one way, these homeowners should be allowed to do so also.
Commissioner Brown said it's a pleasure to have an opportunity to add to someone's property
values and to allow a homeowner to do more. He noted Bolsa Avenue is a busy street and
assumed, therefore, that these properties could have a somewhat lower property value because
of that. For years, these homeowners have had properties under a power line. This is an
appropriate reward, after having lived with those lines for a long time. There is still 20'
between the houses in the rear year, an 18' setback in the front yard plus the street. It would
not be canyon-like. He complimented City staff on bemg pro-active on thIS matter and said he
would be in favor of no action.
Chairperson Campbell made the decision unanImous by mdlcatmg she would favor no action.
She felt this windfall was wonderful for these homeowners and felt they should have all the
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Puae 9 - CI11 of Seal Beach I'IlIIInuIc Comnu88100 Mmutes of May 8, 1996
nghts and privileges that all the City resIdents have. The Commission would have no busmess
puttmg a restriction on those properties.
MOTION by Law; SECOND by Sharp to deny Zoning Text Amendment 96-5.
MOTION CARRIED:
A YES:
ABSENT:
4..0..1
Law, Sharp, Campbell, Brown
Dahlman
The Director indicated staff will return with a Resolution at the next meeting. There was a brief
discussion on the number of Commissioners to be present at the next meeting. Commissioner
Law said she thought she might be replaced due to a new Councll Member being mstalled for
her District. Director Whittenberg said he felt the remaining Commissioners would remain on
the Commission for some time period yet. It was determined that Commissioner Dahlman could
vote on tins Resolution if he reviews the video tape of the meeting and the Minutes. Mr. Steele
advised that if Commissioner Law would, for any reason, not be present at the May 22nd
meeting, he would ask CommiSSIoner Dahlman to review the video tape.
STAFF CONCERNS
Mr. Whittenberg said staff is sad to see Chairperson Campbell leave the Planning COmmlSSIOn,
although she is moving on to the City Council. Staff has appreciated her time and efforts at
studying matters at this level. He indicated he would look forward to working with
Commissioner Campbell at the City Councll level.
Letter from Michelle Brendel
Mr. Steele echoed the Director's sentiments. He added, and clarified, that both Chairperson
Campbell and the CIty Manager receIved a letter dated May 6, 1996 from MIchelle Brendell.
It dealt with the Bollen property at 1101 Seal Way. The CommISSIon reVIewed the apphcatlon
to convert four multi-family units to three units. This letter raises the issue of replacement
housing in the coastal zone. The Government Code requires that units which are OCCUpIed by
persons of low and moderate income are eliminated in the coastal zone, that the person
eliminating those units either replace them or pay monies into an in lieu program to replace
those units. This letter questions why this issue was not brought before the CommISSIon. The
City Attorney's Office wants to clanfy thIS matter because the letter quotes the CIty Attorney's
Office as giving particular advice on another project. The CIty does comply with the
Government Code. Staff investigated and found that the unit at issue was not OCCUpIed by a
tenant of low or moderate mcome for one year or longer prior to the application being
submitted; a declaration by the property owner to that effect IS on fde at City Hall. There is
no indication that the tenant, more than one year prior, was a person of low or moderate
income. The CIty thinks that person purchased a house in Seattle, W A when they moved. The
City Attorney researched the matter, determined the statute didn't apply, and that's why the
matter didn't come before the Commission. The City
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PIce 10 . ~ of Seal BcIcb PWuuog ComuuBBIOI1 MInutes of May 8, 1996
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Attorney's Office takes that statute very seriously and does comply WIth It when necessary. In
this case it was not necessary.
Patty Campbell's De.parture Comments
The Chair delivered her departure comments, thanking staff for their work over the last three
years. She thanked the Commissioners and staff for their dedication to the City.
NiYX
Commissioner Law said that the Department of the Navy is being very neighborly and asked
staff if they could continue working on the bike path along Seal Beach Boulevard? Mr.
Whittenberg said the City Manager has been making telephone calls to the new base commander
to discuss this and a number of issues.
Vice Chairman Brown
Chairperson Campbell mdicated CommiSSIoner Brown, the Commission's Vice Chairman, will
take over as Chairman.
Newly Appointed Commissioner
The Chair said she hoped to appoint a new Planning Commissioner at the last City Council
meeting in May.
. ADJOURNMENT
The Chair adjourned the meetIng at 8:35 p.m.
Respectfully Submitted,
qD~~'--
Joan Fillmann
Executive Secretary
APPROVAL
The Planning Commission Minutes of May 8, 1996 were approved by the Planning CommIssion
on May 22, 1996. ~
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