Loading...
HomeMy WebLinkAboutPC Min 1996-08-07 """' . . . ..' r .~ CITY OF SEAL BEACH PLANNING COMMISSION AGENDA OF AUGUST 7, 1996 7:30 P.M * City Councll Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #96-32 I. PLEDGE OF ALLEGIANCE II. ROLL CALL ID. AGENDA APPROVAL By Motion of the PlanOlng CommissIOn, this is the nme to: (a) Notify the public of any changes to the agenda; (b) Rearrange the order of the agenda; andlor (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 acnon. IV. ORAL COMMUNICA nONS At thIS time, members of the public may address the PlanOlng 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 PlanOlng Commission, staff or the publIc requests that a specific item be removed from Consent Calendar for separate action. 1. Approve Planning CommiSSIOn Minutes of July 17, 1996. 2. Plan Review 96-4 Address: ApplIcant: Property Owner: 306 Central Avenue Eve Kllger Eve Kilger The CIty of Seal Beach participates in The Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Off"lCe at (310) 431-2527 at least 48 hours in advance of the meeting. . . . Pace 2 - City of Seal Beach I'IanJJlDg COIIIIIIIssIOD Ageuda for August 7, 1996 Request: Approval to add 285 square feet to a non- conformmg single famlly dwelling. VI. PUBLIC HEARINGS 3. Zoning Text Amendment 96-6 [Continued From Planning Commission Meeting of 7-17-96] Address: City-wide Applicant: City of Seal Beach Request: Consider Setback Exemptions for Plant-Supporting Structures. VII. STAFF CONCERNS VIII. COMMISSION CONCERNS IX. ADJOURNMENT The CIty of Seal Beach participates in The Americans 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 in advance of the meeting. . .....3- City or Seal Beada I'IaIudac Commission Agenda tor AuCUat 7, 1996 1996 AGENDA FORECAST AUG 21 . ZfA 96-7: To consider Code amendments requmng a 3/4" raceway from the electrical service panel to an appropriate location for EV charging in all new residential garages, and that reqUlres recharging capablhty be installed in new commercial developments. . CUP 92-1: ReView of an alcohol-related land use at twelve months for El Burrito Jr. restaurant at 909 Ocean Avenue. SEP 04 SEP 18 OCT 09 . CUP 94-4/770 PCH/Burger King/FlOal review of a 6 mos. extensIOn [from 5-8-96] of drive-thru window. OCT 23 NOV 06 . NOV 20 DEe 04 . CUP 94-8/327 Main/NIp 'n Stuff Indefinite Extension DEe 18 .l221 JAN FEB MAR APR MAY JUN JUL . CUP 96-1: Review @ 12 months. (Seal Beach Market) AUG SEP OCT NOV DEe . The CIty of Seal Beach participates in The Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Ofrace at (310) 431-2527 at least 48 hours in advance of the meeting. . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF AUGUST 7, 1996 The CIty of Seal Beach Planmng Commission met 10 regular session at 7:30 p.m., 10 City Council Chambers, wIth the Salute to the Flag. ROLL CALL Present: Chairman Brown CommIssioners Hood, Sharp, Law Also Present: Department of Development ServIces Lee WhIttenberg, Director CraIg Steele, Assistant CIty Attorney Barry CurtIs, ASSOCIate Planner Joan FIllmann, ExecutIve Secretary Absent: CommiSSIOner Dahlman ChaIrman Brown mdlcated CommIssIoner Dahlman had submItted hIS wntten reSIgnatIon from the Planmng CommIssIOn; everyone receIved a copy. AGENDA APPROVAL MOTION by Hood; SECOND by Sharp to approve the Agenda as presented. MOTION CARRIED: AYES: 4-0-0 Hood, Sharp, Law, Brown ORAL COMMUNICATIONS There were no oral communicatIons. CONSENT CALENDAR MOTION by Hood; SECOND by Sharp to approve the Consent Calendar as presented, mcludmg the approval of Resolution No 96-32, whIch approves Plan ReVIew 96-4: 1. Approve Planmng CommIssion Mmutes of July 17, 1996 2. Plan ReVIew 96-4 Address: Applicant. Property Owner: 306 Central A venue Eve KIlger Eve KIlger . . . Page 2 - Clly of Seal Beach P1annmg CommiSSion Mmulcs of August 7, 1996 Request: Approval to add 285 square feet to a non- conforming single famlly dwelling. PUBLIC HEARINGS 3. Zomng Text Amendment 96-6 [From Planmng CommIssIon meetIngs of 2-7-96 and 7-17-96] Address: CIty-wIde Staff Report Mr. CurtIs delIvered the Staff Report. (Staff Report on file in the Planmng Department for reference). The applicant, the City of Seal Beach, requests the Planmng CommIssion consIder setback exemptIons for plant-supporting structures. Staff provided a senes of photographs taken around the City of existIng arbors, arches and other types of plant-supportIng structures. Except for two, all of the arbors/trellIs' are In keeping wIth the SIze reqUIrements whIch staff has recommended. CommIssIon OuestIons on Staff Report Chairman Brown asked what were the Irvine reqUIrements? Mr. Curtis said Irvine requIres the front yard setback for patios or gazebos to be 3' provIding It doesn't obstruct the line of SIght for vehicles. Any structure of that type could be bullt WIthin the front yard of a property. He indIcated many development standards In Irvine are dIfferent because they have townhouse-type designs, zero lot lIne developments where there are atriums and front yard courtyards. Those don't JIbe WIth eXIsting condItions In Seal Beach. The CIties which staff contacted Ignore the arbors and trellis' unless complaints are receIved. Chairman Brown asked If all the structures shown In these photos were Illegal? Mr. CurtIs SaId yes. CommIssIOner Sharp Said this ZT A does not effect everyone In the CIty, indIcatIng planned and/or gated commumties have theIr own rules whIch surpass CIty reqUIrements. For example, In LeIsure World, the resIdents have no control of any land outsIde the drzp lzne (POint at WhICh water dnps off the roof). Mr. CurtIs SaId an addItIonal clause to staffs recommendatIon IS that If the CommIssIon adopts the ResolutIon as presented, the eXIStIng structures whIch are Illegal at thIS tIme and don't comply WIth the standards would need to be brought Into conformIty or removed WIthin 120 days of the effectIve date of thIS ordinance. Chairman Brown asked If these photographs were mainly taken In Old Town or the HIll? Mr. CurtIs replied that not many were on the HIlI. There were about three trellIS' on the HIll and one of those was the trellIs WhICh generated thIS ZTA. . Page 3 - CIty of Seal Beach Plannmg Conunl.SIOII Mmutes of Augu.t 7. 1996 Public Heann& The Chair opened the Public Heanng. There were no persons wIshing to speak In favor of or agaInst thIS ZT A and the Chair closed the PublIc Heanng. CommIssion Comments on Staff Report Commissioner Hood SaId staff had done a very good job In takIng the middle route, notIng that's a good approach. Commissioner Sharp said the CommIssion IS dOIng somethIng WhICh IS not necessary because the CIty has no way to enforce It. "We're causIng more problems than we're dOIng good". But SInce he was not affected he would vote WIth those CommIssIoners who's distrIcts are affected. CommISSIoner Law saId she thought some of the arbors were cluttered looking but felt that allowed indIvidualIzation of propertIes. She felt they should be allowed. . Chairman Brown saId that some of these structures look very nIce and some don't. What the Commission IS dOIng IS recognIZIng that homeowners already have bUIlt arbors. He wondered If a measurement of 3' In depth would create a tunnel effect and asked Mr. CurtIs If he had measured any of the structures? Mr. CurtIS saId most of the structures were no more than 21/2' deep, not 3'. ChaIrman Brown saId some of the arbors create a very nIce enVIronment as you're walking around and encourage a slower pace, which may be what the CIty IS after. MOTION by Hood, SECOND by Law to approve ResolutIon No 96-33, thus approving ZOnIng Text Amendment 96-6 WIth conditIons to Include: 1. Plant-supportIng structures such as arbors, arches, trellIses and SImIlar structures are permItted WIthIn the reqUIred front yard setback to the property lIne subject to PlannIng CommIssion approval through a Consent Calendar Plan Review, except as provIded In Section 28-2306 of Chapter 28; 2. Such structures shall not exceed eIghteen (18) square feet In area, haVIng a maxImum depth of 3' and a maximum heIght of 8'; 3. A 120 day penod for pre-eXIstIng structures to seek valIdatIng permIts once an ordInance is adopted by the CIty CounCIl. MOTION CARRIED. AYES: 4-0-0 Hood, Law, Brown, Sharp STAFF CONCERNS DIrector WhIttenberg Indicated the CIty CouncIl had concluded ItS hearIngs on the MaIn Street SpecIfic Plan and adopted the Plan. The Implementing Ordinances are scheduled for second . reading on August 12th. The CouncIl scaled back the amount of parkIng Improvements by . . . Page 4 - City of Seal Beach Plannmg COI1IRU.SIOIl Mmute. of Augu.t 7, 1996 elimInatIng deckIng of the 8th Street parking lot, elImInatIng the acquisitIon of any other property along the MaIn Street area for addItional parkIng and settIng the in-lIeu parkIng fee at $3,500 per space. Once the final documents have been approved and adopted the Commission wIll receive copies and Code Inserts. Chairman Brown said the passIng of the Main Street Specific Plan by the CouncIl with changes only to the parking concerns speaks well to the work of the Planning CommIssIon, staff and the consultant in coming up wIth a good document that everybody could lIve with. "Staff IS to be congratulated on that". Mr. Whittenberg SaId "So should be the Planning CommIssion --- you spent a lot of tIme and a lot of effort on that one" . COMMISSION CONCERNS Resolutions Received Late Commissioner Hood said he would lIke to see the resolutIons pnor to the meetIngs. He noted he received ResolutIon 96-33 as he began tOnight's meetIng. Director Whittenberg apologized for the delay In receipt. He explamed there had been computer problems (crashIng) between City offices and the City Attorney's offices. There were dIfficultIes m gettIng documents transported between the two offices and that was part of the problem. It's not a normal occurrence for the Planning CommIssIon to receIve them thIS way. CommIssioner Hood to be Absent Commissioner Hood said he would be absent for the September 18th meetIng due to a poor commitment at the UniversIty. He noted there was nothmg on the Agenda Forecast for the month of September. Mr. Whittenberg saId at thIS pomt It depends on pnvate IndiVIduals submittIng applIcatIons. The Agenda could change. AppOIntment of Distnct 3 CommIssIoner Chairman Brown asked If Mayor Forsythe had appomted a person to replace Commissioner Dahlman? Mr. Whittenberg saId no. Now that CommIssIoner Dahlman's wntten letter of resignation has been received, the vacancy wIll be declared at the August 12th CouncIl meetIng. The vacancy must be posted for ten days, and at that pomt Mayor Forsythe will be able to make an appointment to the Planning CommIssIon. UtIlIty Tax Commissioner Sharp saId he had been readmg vanous newspaper artIcles about the utIlIty tax and asked where the City stands on this Issue? Mr. Whittenberg saId he would not attempt to address thIS Issue as It'S a very difficult legal Issue. He asked Mr. Steele If he wIshed to comment? . Page S. CIty of Seal Beach P1annmg COIIIDunlO1I ManulUl of August 7, 1996 Mr. Steele SaId Seal Beach, being a Charter city, IS on much stronger ground than most of the other cItIes In Cahfornia whIch are general law cItIes. A recent Cahfornla Supreme Court deciSIOn overturned about six years of what was generally considered settled law. It upheld the constItutIonality of a portion of Prop 62 WhICh was on the ballot several years ago. ThIs held that general law cItIes had to get voter approval to Impose general taxes, like utIhty users taxes. That provision of Prop 62 dId not apply to Charter citIes like Seal Beach. Seal Beach's utIlIty tax was not affected by that Supreme Court decIsion. Right now we thInk It'S In a safe legal poSItion. There's a new InItIative on the November ballot which may have some Impact on Charter CIties WIth regard to new taxes and tax Increases. But at the moment, the eXIstIng utIhty tax is safe, in place and enforceable. Hellman & Bixby Ap.vlicatlOns Commissioner Sharp said he had heard rumors about Hellman and Bixby and asked staff If there has been any actIon or Involvement on those properties? RegardIng Hellman Ranch, Mr. Whittenberg said representatives of the property owner have indIcated they will be submIttIng an application to the City. OngInally they thought that would be around August 1st but now It appears it WIll be early to mid-September. RegardIng BIxby Ranch, Mr. Whittenberg saId he has heard nothIng regardIng BIxby property. . Sand Replenishment Chairman Brown asked for an update on sand replenIshment projects. Mr. Whittenberg Said there are two areas where sand replenIshment is gOIng on. In Surf side, thiS is an Army Corps of EngIneers funded project. They will be gOIng to bId sometIme In August. This project IS scheduled to place 1.6 million cubiC yards of sand on the beach at Surf SIde and down Into Sunset Beach. It Will Widen the beach closest to the Jetty from 30' or 40' to a 900' Wide beach. ThiS IS a very substantial InfUSIOn of sand. For the East Beach area In Old Town, the City has applIed for State funds and we've also made claims for reimbursement of funds spent to put sand on the beach and whIch was subsequently lost durIng the January storms. The CIty IS heanng fairly POSItIve responses from FEMA and the legIslature on that sand. The CIty IS hopeful It Will have funds available faIrly soon to do some work for the beach In Old Town. At this time It'S still in process. Chairman Brown asked what the deadline was for dOIng this - or was thiS on getting sand from the Santa Ana RIver? Mr. WhIttenberg SaId there's no time lImit as far as the City plaCIng sand on the Main Beach, other than you can't do It dunng a GrunIon run and a few other Instances. The CIty has the necessary permIts from the Army Corps of EngIneers, the Water Quahty Control Board and the . Coastal CommissIon. It is now findIng the financial resources to acqUire the sand. There has . Page 6 - City of Seal Beach Plannmg ConunlSSlon Mmutes of August 7. 1996 been a number of dIscussIons wIth the Naval Weapons StatIon to dredge sand out of theIr lOner harbor area and at thIS point, that's the most likely place for the sand. Internet Commissioner Brown suggested taking the Planning CommIsSIon mto the electronIc age by having a Home Page and E-MaIl. He felt thIS IS a good way to receIve cItIzen responses. He would lIke to see the PlannIng CommIssion Mmutes and Agenda posted where people could VIew them on the Internet. And also to where they could respond WIth theIr comments to mdIvIdual CommIssioners and/or to the CommISSIon as a whole. Mr. WhIttenberg Said the CIty, as part of theIr membershIp WIth the Southern CalIfornIa AssociatIon of Governments (SCAG), WIll partIcipate 10 a program called SCAG Project Access. ThIS WIll mvolve SCAG prOVIding to all of theIr member cItIes a computer WIth an Internet connectIon, and a number of data bases WhICh WIll allow all of the CIties to talk to each other and allow us to share mformatIon WIth SCAG. Part of thIS process IS the mstallatIOn of a Home Page for the CIty WhIch wIll allow us to do the thmgs under dIScuSSIon tOnIght. A traInIng seSSIon IS scheduled for the use of the programs on August 27-28th. The computers themselves are to be delIvered to the CIty that same week. HIS best guess IS that the CIty should have a home page system runnIng about mId-September to early-October. Chairman Brown asked if there would be E-MaIl capabilItIes WIth thIS program? Mr. . WhIttenberg Said he thought so but noted he had not seen the full program yet. Mr. Steele noted that his firm IS domg research for theIr own Home Page. He was amazed at the number of Southern CalIfornIa CItIes, SImIlarly SItuated to Seal Beach, WhICh have theIr own Home Page. People who are mterested 10 thIS subject mIght be mterested 10 lookmg at CIties lIke MalIbu, who have the Home Page up and runnIng and have all theIr CIty documents aVailable to be accessed and downloaded. "It's a very interesting evolution of technology and of democracy ... as you look mto what's avaIlable". Chairman Brown asked If there would be any legal problems WIth E-Mail addresses or messages sent there? Mr. Steele said the only legal problem would be for a quaSI-JudIcIal PublIc Hearmg matter where you're requIred to take all your mformatIon on the Record at the PublIc Heanng. The way to accomplIsh that, If you get that type of mput, IS the same way you would accomplIsh It If you got a phone call --- that IS to dIsclose It on the Record and make your fellow CommISSIoners aware of It. For polIcy and legIslatIve matters It'S not dIfferent that If somebody walked up to you on Main Street and told you what they thought. He raIsed the cautIOn about the PublIc Hearmg Items, notmg It would be best to bnng a transmISSIon to the meetIng and read It mto the Record. CommiSSIOner Law saId she dIdn't lIke the Idea of vanous members gettIng E-Mail and phone . calls because then the CommISSIon does not get the opportunity to really hear what those people . . o . Page 7 - Clly of Seal Beach Plannmg COlllDlISSIOR Manutes of August 7. 1996 say. The Commissioner recelv10g such transmISSIons mIght say only "I receIved ten calls". She felt if someone were really 10terested they would come to CIty Hall and make theIr comments on the Records. Chairman Brown felt that wasn't necessarily true, not1Og some people get nervous speak10g 10 public. CommIssioner Law stIll objected to not actually heanng what the person was saY1Og. Chairman Brown said the CommIssIon would have to weigh whether to belIeve what a fellow Commissioner was saY10g or not. CommISSIoner Law satd "Maybe If I heard what they had to say I'd change my ideas. The way that it IS done ... then I don't get to hear what they say". Chairman Brown 10dIcated that was why he was ask10g If the Planning Commission, as a whole, should have an E-Mail address. Commissioner Law satd that would be fine but she objected to 10dividual E-Matl addresses on the ground the CommiSSIOn as a whole doesn't hear what the person has to say. CommIssIoner Hood satd he thought thIS IS a great Idea and was glad the Chair had raised the issue. He noted that at CalIfornIa State UmversIty at Long Beach the academIc center has a Web Page. By do1Og thIS the CommIssIon would be opemng a whole new page 10 the CIty's history. On the UmversIty's page they note who the officers (or Plann10g CommIssIoners) are. People can read what you're do1Og. To comment, all they have to do IS clIck on your name and a window opens and there IS space for them to write theIr comments. They comment, push enter and there goes your matI. You get 10stant response. The recIpIent could then export that comment to his/her fellow CommISSIoners so they can see those comments. Commissioner Law asked what she would do if she didn't have a computer? CommIssIoner Hood suggested she could use Mr. CurtIS' computer 10 hIS office. CommIssioner Hood said he thought it was a great Idea and felt we are start10g to open publIc access. For example, some LeIsure World reSIdents mIght find It phYSIcally 1Oconvement to make It down to City Hall to attend these meet1Ogs. From the convemence of theIr homes they could make responses and partIcipate. "It's a tremendous way to faCIlItate publIc partICIpatIon 10 government because the government does belong to the people... ". CommiSSIOner Law satd she totally dIsagreed with him. CommISSIoner Hood saId he was sorry about and satd he apologized but he does think it's a great new day. Commissioner Sharp satd he couldn't see how E-Matl or a Home Page wIll be any dIfferent that someone wntIng a letter and the CommiSSIOner dIsclos1Og It on the Record. He satd he has a computer at thIS home but he hasn't gotten 1Oto sendmg E-MaIl. CommISSIoner Law commented that the CommIssIon doesn't get to hear what IS saId. CommISSIoner Sharp satd you don't get to hear what the person says anyway If It'S WrItten 10 a letter He noted we WIll never get everyone to come down to CIty Hall. . . . Page 8 - CIty of Seal Beach Plannmg Conunl"IOIl Mmull..s of August 7, 1996 Chairman Brown said he would personally be wIllIng to publIsh hIS E-Mail address, as he does his home phone number, but rather than domg that at this time he would prefer to see the staff and CommIssIon come to a working agreement on how that could best be done. Mr. WhIttenberg said that once staff has seen SCAG's system and how It works, staff WIll come back to the CommissIOn WIth some suggestIOns on protocol on how to deal WIth the Issue. It WIll have to be addressed to both the CIty Council and the Planmng CommissIOn. ADJOURNMENT ChaIrman Brown adjourned the meeting at 8'05 p.m. Respectfully Submitted, Joan FIllmann Recordmg Secretary Approval: The Planning CommIssIon Mmutes of August 7, 1996, were approved by the Planmng CommIssIon on September _' 1996._