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HomeMy WebLinkAboutPC Min 1996-09-04 . . . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA OF SEPfEMBER 4, 1996 7:30 P M * City Council Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #96-34 I. PLEDGE OF ALLEGIANCE n. ROLL CALL III. AGENDA APPROVAL By MotIon of the Planmng CommISSIon, thIS IS the tIme to: (a) (b) (c) NotIfy the publIc of any changes to the agenda; Rearrange the order of the agenda; and/or ProVIde an opportumty for any member of the Planmng 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 Planmng Commission regardmg any Items wIthm the subject matter JunsdIctIOn of the Planmng Commission, provided that NO actIOn or dISCUSSIon may be undertaken by the Planmng CommISSIon unless otherWIse authonzed by law. V. CONSENT CALENDAR Items on the Consent Calendar are conSIdered to be routIne and are enacted by one motIon unless pnor to enactment, a member of the Planning CommISSIon, staff or the public requests that a speCIfic Item be removed from Consent Calendar for separate action. 1. Approve Planmng CommISSIon Mmutes of August 7, 1996. The City of Seal Beach complies with the Americans With Dbabilitie!. Act of 1990. If you need a\sistance to attend this meeting, please telephone the City Clerk'!. Ot't'ace at lea!ot 24 hour!> in advllnce of thb meeting. . . . Page 2 - City or Seal Beacb Planulng Commission Agenda or September 4. 1996 2. Receive and FIle' League of Califorma CItIes artIcle, August 1996, An AnalYls of Proposltzon 218' the Fox Inmaflve. 3. ReceIve and File: BuIlder Magazme artIcle, July 1996, NAHB at the Whzte House. 4. Receive and FIle: Staff Report, dated August 12, 1996, Response to Applzcatzon for Permlt to Army Corps of Engzneers - Fill of Wetlands to Construct Sunset Harbor Mazntenance Facllzty. 5. ReceIve and File: Staff Report, dated August 12, 1996, Consideration of Proposed Negative Declaratzon - Emergency Spillway for Los Alamitos Retardzng Baszn. 6. Approve Plan ReVIew 96-5 Address: 1203 Seal Way ApplIcants' Peter and Susan WhIte Property Owners: Peter and Susan WhIte Request: Approval for new balcomes on the first and second floors. VI. PUBLIC HEARINGS 7. ZTA 96-7: To consIder Code amendments requmng a 3/4" raceway from the electncal servIce panel to an appropnate locatIon for BV chargIng In all new reSIdentIal garages, and that reqUIres recharging capabIlIty be Installed In new commercIal developments. VII. STAFF CONCERNS 8. CondItIOnal Use PermIt 92-1 Address: 909 Ocean A venue Business: EI BUrrIto, Jr. Applicant. JuveniclO DIaz Property Owner: J lIveniclO DIaz Request: Prepare legal NotIce and maIlmg labels to consIder revocation of CUP 92-1 WhICh allows an alcohol-related land use at 909 Ocean Avenue, Seal Beach. 9. Staff memo on City Business Updates. The City of Seal Beach complies With the Americans With Dbabilitie!. Act of 1990. If you need as!.btance to attend this meeting, please telephone the City Clerk'!. Office at lea~t 24 hour~ in advance of thi~ meeting. . . . ....e 3 . City of Seal Beach Planning Commi~'lolI Agenda of September 4. 1996 vrn. COMMISSION CONCERNS IX. ADJOURNMENT The City of Seal Beach complies with the Americans With Di..abllitie.. Act of 1990. If you need a~i..tance to attend this meeting, please telephone the City Clerk's Office at lea..t 24 hour'i in advcll1ce of thl" meeting. Pace 4 - City of Seal Beach P1auwug Commi\\iou Agenda of September 4, 1996 . 1996 AGENDA FORECAST SEP 18 . CUP 92-1/909 Ocean/EI Burrito Jr.lRevocanon/ABC OCT 09 . CUP 94-4/770 PCR/Burger KIng/FInal reVIew of a 6 mos. extension [from 5-8-96] of dnve-thru WIndow. OCT 23 NOV 06 NOV 20 DEC 04 . CUP 94-8/327 Main/Nip 'n Stuff Indefimte Extension DEC 18 .l221 IAN FEB MAR . APR MAY JUN IUL . CUP 96-1: RevIew @ 12 months. (Seal Beach Market) AUO SEP OCT NOV DEC . The City of Seal Beach complie& with the American~ With DI~abilitie~ Act of 1990. If you need a~~istance to attend this meeting, please telephone the City Clerk's Office at lell~t 24 hour~ in advance of thllJ meeting. . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of SEPTEMBER 4, 1996 The CIty of Seal Beach Planmng Commission met in regular session at 7:30 p.m., 10 CIty Councll Chambers, wIth the Salute to the Flag. ROLL CALL Present: ChaIrman Brown CommIssioners Hood, Sharp, Yost, Law Also Present: Department of Development ServIces Lee Whittenberg, DIrector Craig Steele, ASSIStant CIty Attorney Barry Curtis, Associate Planner Joan Fillmann, ExecutIve Secretary WELCOME COMMISSIONER YOST The ChaIr welcomed newly appo1Oted Planmng CommIssIoner Dr. Paul Yost, DIStrIct 3 Dr. Yost WIll be serving the remainder of CommIssIoner Dahlman's term. CommIssioner Yost said he IS happy to be on the CommIssIon, that Seal Beach is a wonderful place to live and he would lIke to see It remain as such. AGENDA APPROVAL CommIssioner Law pulled Item #4 for separate consIderatIon. Mr. Steel indIcated Item #7, ZT A 96-7, WIll be considered at a future but undetermined future; It WIll be re-advertised. MOTION by Hood; SECOND by Law to approve the Agenda with the above-noted exceptions. MOTION CARRIED: A YES: 5-0-0 Hood, Law, Brown, Yost, Sharp ORAL COMMUNICATIONS There were no oral communicatIons. . . . Page 2 - CIt;y of Seal Beach Plannmg CommISSIOII Mmutes of September 4, 1996 CONSENT CALENDAR MOTION by Sharp; SECOND by Hood to approve the Consent Calendar, with the exception of item #4: 1. Approve Planning Commission Minutes of August 7, 1996. 2. Receive and File: League of California Cities article, August 1996, An Analysis of Proposition 218: the Fox Initiative. 3. Receive and File: Builder Magazine article, July 1996, NAHB at the White House. 5. Receive and File: Staff Report, dated August 12, 1996, Consideration of Proposed Negative Declaration - Emergency Spillway for Los Alamitos Retarding Basin. 6. Approve Plan Review 96-5 Address: 1203 Seal Way Applicants: Peter and Susan White Property Owners: Peter and Susan White Request: Approval for new balconies on the first and second floors. Before the vote Chairman Brown asked If he bves wlthm 300' of a Consent Calendar Item does he need to abstain from votmg on thiS Item? Mr. Steele SaId yes and noted Commissioner Yost must also abstaIn from voting on the Mmutes of a pnor meeting. MOTION CARRIED: A YES: ABSTAIN: 3-2-0 Hood, Sharp, Law Brown (Item #6) Yost (Item #1) Item #4 was considered separately: 4. Receive and File: Staff Report, dated August 12, 1996, Response to ApplIcatIOn for Permit to Army Corps of EngIneers - FIll of Wetlands to Construct Sunset Harbor Mamtenance FaCIlIty. Commissioner Law asked If wetlands were filled did the contractor have to make an Improvement in like amount m some other area? And if true, what IS the Army Corps of Engineers gOing to do? Mr. Whittenberg Said yes, thiS IS correct. The Item under diSCUSSion IS at Sunset Marina where the Army Corps of Engmeers IS restoring wetland areas. It IS also providing about three acres of restored wetlands In that area, part of which Will Include a Least Page 3 - CIty of Seal Beach PIannmg ConUDlSSlon Mmules of September 4, 1996 . Tern nestmg site. Those mitigation measures were approved by the County of Orange and the CA Coastal Commission when the project was approved in concept about two years ago. MOTION by Law; SECOND by Sharp to approve Item #4. MOTION CARRIED: A YES: 5-0-0 Law, Sharp, Brown, Hood, Yost PUBLIC HEARINGS 7. ZTA 96-7: To consider Code amendments requmng a 3/4" raceway from the electrical service panel to an approprIate location for EV chargmg 10 all new resIdential garages, and that reqUires rechargmg capablhty be mstalled 10 new commercIal developments. Director WhIttenberg mdlcated agam that item #7 wtll not be heard thIS evening and WIll be re- advertised at a later, but unspecIfied, date. . CommIssIOner Hood asked if item #7 was approved in the motIOn to approve the Agenda? Mr WhIttenberg satd ItS re-advertlsement was approved. CommIssIoner Hood noted Item #7 IS then not technically before the CommIssIon. STAFF CONCERNS 8. CondItional Use PermIt 92-1 Address: 909 Ocean A venue Busmess: EI Burrito, Jr. Apphcant: JuveniclO Dlaz Property Owner: JuvemcIo Diaz Request: Prepare legal Notice and mathng labels to consIder revocation of CUP 92-1 whIch allows an alcohol-related land use at 909 Ocean Avenue, Seal Beach. Mr. Curtis explained staff has advertised a Pubhc Hearmg to be held at the CommIssIon's September 18th meeting to revoke CUP 92-1. The imtlal approval for thIS CUP was granted for one year and that period has expired. DespIte many oral and written commumcations, staff has been unsuccessful at havmg the applIcants submIt a complete apphcatlon dunng the requIred time period for an extensIOn. The restaurant IS open and operating. . CommissIOner Yost asked staff what IS required of the CIty to notify these apphcants that the Pubhc Heanng on revocation WIll be held? Mr. WhIttenberg satd staff has telephoned the . . . Page 4 - CI~ of Seal Beach PJannIllC Conun188101\ MlDulc8 of Mplembcr 4, 1996 applicant several omes and has also wntten them formal letters; they have been unresponsive. While the letters were not sent by certified mall, the DIrector noted there have been many commumcations. Chairman Brown asked if there had been a change of ownership 10 the last year? Mr. Curtis SaId yes, thIS IS the second owner in the last year. He lOdlcated the apphcant has put together parts of an application and submItted that but he has not completed an en ore apphcaoon. 9. Staff memo on City BuslOess Updates. The Chair asked the DIrector to reVIew the items on thIS memo: a. Los Cabos Restaurant at 550 Pacific Coast Highway WIll switch from Mexican CUlSlOe to ItalIan CUlSlOe. The owner, DaVId Bonadonna, IS doing tenant Improvement work now. b. Bonadonna's ItalIan Restaurant at 550 PacIfic Coast HIghway This restaurant closed approximately July 23, 1996. Ron Sessler has submItted plans to the CIty for a steak house and they are pendlOg Health Department and CIty approvals. Today Patncla Sessler SIgned the CIty'S Acceptance of Condloons form for the CIty'S CondItions of Approval on the servIce of alcoholic beverages at that SIte. c. Part of Bonadonna's ItalIan restaurant has become Casey's Baseball Cards store. ThIS area was the former Swiss bakery. d. 320 Main Street * VetlOaJ)' Chmc for Cats The cat doctor will be moving from MalO Street to MItchell Plaza. Attached IS the June 3, 1992 staff memo to the Planmng CommIsSIOn and mlOutes for your lOformaoon. e. TortIlla Beach Restaurant at 3003 Old Ranch Parkway This restaurant closed and they surrendered their #47 ABC hcense on May 30, 1995. If a future restaurant should want to locate at this site, WIth an alcohohc beverage hcense, they would have to apply for and obtalO a new Conditional Use PermIt through the City. Planmng OffiCIals Forum DIrector WhIttenberg explained he had dIStrIbuted a notIce on a Planmng OfficIal's forum to be held on October 10th in AnaheIm. RegistratIon by September 10th will gain a reduced registraoon fee. The City WIll pay regIstratIon for the Planmng CommiSSIOners to attend and asked the CommIsSIoners to let staff know by Monday, September 9th or as soon as pOSSIble. . . . Pille S - CIty of Seal Beach Plmnmg Comnll881on Mmute8 of beptember 4, 1996 DIrector WhIttenberg IndIcated there WIll be many excellent speakers and felt thIs would be a good forum to attend. AIr OualIty Packet Director Whittenberg distributed a summary of the 1997 Air QualIty Management Plan now under revIew by the Air QualIty Management Dlstnct. It WIll Impact the way In whIch CalIfornIa bUSInessmen and dnvers will need to look at the future to achieve the aIr qualIty mandates of both Federal and State law. ThIS IS prOVIded for the Commissioner's information and no recommendatIons to the CIty CouncIl are needed. The CIty's EQCB WIll revIew thIS item and they will make recommendatIons to the CIty CouncIl on a response letter on the document and the EIR. COMMISSION CONCERNS The CommIssIoners agaIn welcomed Paul Yost as the new DIstrIct 3 Planmng CommIssIoner. Chairman Brown referenced the staff memo, notIng the recent changes at Los Cabos He mentioned that a year ago the Planmng CommIssion held Public HearIngs on extendIng the hours of Los Cabos. He reflected that perhaps the Planmng CommISSIon IS, at tImes, regarded as a bIt apprehenSIve and/or dIstrustful about sites haVIng CUP's for alcohol. He remInded everyone that those CUP's run WIth the land and not the bUSIness owner. Therefore, restaurants can switch around and thIS IS a prime example of somethIng that could happen that the CommIssIon dIdn't want to happen. The CommIssion could have extended hours based on one applicant's reputation and yet end up WIth another bUSIness operator or bUSIness whIch the CommIssIon dId not want to have extended hours. He clarIfied that this has not happened In thIS case. ADJOURNMENT ChaIrman Brown adjourned the meetIng at 7:45 p.m. Respectfully Submitted, ~O~ ~JI~~_ Joan FIllmann ExecutIve Secretary Planmng Department APPROVED: Planning CommIssIon MInutes were approved on September 18, 1996. *