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HomeMy WebLinkAboutPC Min 1996-09-18 . . . .... .J.' CITY OF SEAL BEACH PLANNING COMMISSION AGENDA OF SEPTEMBER 18, 1996 7.30 P M. * CIty CouncIl Chambers 211 EIghth Street, Seal Beach, CA Next Resolution: #96-34 I. PLEDGE OF ALLEGIANCE II. ROLL CALL ill. AGENDA APPROVAL By Motlon 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 opportumty for any member of the Planmng CommIssIon, staff, or publIc to request an Item be removed from the Consent Calendar for separate actlon. IV. ORAL COMMUNICATIONS At this tlme, members of the public may address the Planmng CommIssIon regardmg any items wIthm the subject matter JunsdiCtlon 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 routme and are enacted by one motlon unless pnor to enactment, a member of the Planmng CommIssIon, staff or the publIc requests that a specIfic Item be removed from Consent Calendar for separate actlon. 1. Approve Planning CommIssion Minutes of September 4, 1996. 2. ReceIve and FIle: Staff Report, dated August 26, 1996, re Seal Beach Naval Weapons Staflon InstallatIOn RestoratIOn Program - Status Report re All InstallatIOn Restoration SUes. The City of Seal Beach complies with 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. . . . Page 2 . City of Seal Beach l'laDalDll ComlDlSSlon Agenda for September 18. 1996 VI. PUBLIC HEARINGS 3. Condltlonal Use Permit 92-1 Address: 909 Ocean A venue Business: EI Bumto, Jr. Applicant: Juvenicio DIaz Property Owner: Juvemcio DIaz Request: ConsIder revocation of CUP 92-1 WhICh allows an alcohol-related land use at 909 Ocean Avenue, Seal Beach. VII. STAFF CONCERNS VIII. COMMISSION CONCERNS IX.; ADJOURNMENT The City of Seal Beach complies with 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. Page 3 - City of Seal Beach J'lanmac Commission Agenda for September 18. 1996 . OCT 09 . . OCT 23 NOV 06 NOV 20 DEC 04 . DEC 18 . 1997 JAN FEB . MAR APR MAY JUN JUL . . AUG SEP OCT NOV DEC 1996 AGENDA FORECAST CUP 94-4/770 PCH/Burger King/FlOal review of a 6 mos. extensIon [from 5-8-96] of drive-thru wmdow. HV 92-6/101 Electnc/Elevator CUP 94-8/327 Main/NIp 'n Stuff Indefimte Extension ZTA 96-7: Code amendments re 3/4" raceway/EV Comdor CUP 96-1: ReVIew @ 12 months. (Seal Beach Market) Election of ChaIrman and VIce ChaIrman . The City of Seal Beach complies with 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. . . . . . ~ CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of SEPTEMBER 18, 1996 The CIty of Seal Beach Planmng CommIssIon met 10 regular session at 7:30 p.m. 10 CIty Council Chambers. The meetIng began WIth the salute to the flag. ROLL CALL Present: ChaIrman Brown CommIssIons Sharp, Yost, Law Also Present: Department of Development ServIces Lee WhIttenberg, Director CraIg Steele, Assistant CIty Attorney Barry CurtIS, ASSOCIate Planner Absent: CommiSSIOner Hood had reported he would be absent at thIS meetIng and therefore, had an excused absence. Joan Fillmann, Executive Secretary was on vacatIon. AGENDA APPROVAL CommiSSIOner Brown requested the M10utes be extracted from the Consent Calendar for separate consIderatIon. MOTION by Sharp; SECOND by Yost to approve the Planning Commission agenda. MOTION CARRIED: A YES: ABSENT: 4-0-1 Brown, Sharp, Yost, Law Hood ORAL COMMUNICATIONS There were no oral commumcatIons. . . . Pace 2 . City of Seal Beach PlannlDg COWUII"IOII Minutes of September 18. 1996 CONSENT CALENDAR MOTION by Law; SECOND by Sharp to receive and file agenda item #2: 2. Receive and File: Staff Report, dated August 26, 1996, re Seal Beach Naval Weapons Station Installation Restoration Program - Status Report re All Installation Restoration Sites. MOTION CARRIED: A YES: ABSENT: 4-0-1 Brown, Sharp, Yost, Law Hood Item #1 was considered separately. 1. Approve Planning CommIssIon Minutes of September 4, 1996. Chairman Brown requested the last paragraph to be changed to read as follows: Therefore, restaurants can SWItch around and thIS IS a pnme example of somethIng that would could happen that the CommIssIon didn't want to happen. The CommIssIon wettl6 could have extended hours based on one applicant's reputatton and yet end up WIth another busIness operator or busine$$ whIch the CommIssIon dId not want to have extended hours. He clarified that thIS has not happened In thIS case. MOTION by Sharp; SECOND by Yost to approve the Minutes as amended. MOTION CARRIED: A YES: ABSENT: 4-0-1 Brown, Sharp, Yost, Law Hood PUBLIC HEARINGS 3. Conditional Use Permit 92-1 Address: 909 Ocean Avenue BusIness: EI Bumto, Jr. ApplIcant: JuvemcIo DIaz Property Owner. Juvemclo Dlaz Request: Consider revocation of CUP 92-1 WhICh allows an alcohol-related land use at 909 Ocean A venue, Seal Beach. . . . . . Page 3 - Crty of Seal Beaeb P1anmng COlllnu..lun Minutes of September 18. 1996 Staff Report Mr. Curtis explained the revocation of CUP 92-1 had come before the Planmng Commission because the CUP was issued for a twelve month perIod and that tIme perIod has lapsed without an apphcatIon being filed for an extension. (Staff report on file m the Planning Department for reference) . However, today the applicant submItted an almost-completed apphcatIon to the Planmng Department. The only Item lacking is the sIgnature of the property owner, who IS out of the Umted States untIl tomorrow. Staff recommended the CommIssIon contmue thIS matter untIl the next Planning Commission meeting, October 9, 1996, as thIS apphcant has completed the majority of hIS applicatIon. Hopefully, he WIll get the requIred signature in the next few days. Staff would prefer to schedule this matter for the extensIon rather than the revocatIon. CommissIon Comments on Staff Report Commissioner Sharp mdIcated he would object to a SpecIal meetIng havmg to be convened to accommodate thIS one apphcant, but if other Items are already on the October 9th agenda he has no problem contInuing thIS matter. Mr. CurtIS assured the CommIsSIon other Items are already on the October 9th agenda. Chairman Brown, notmg Resolution 92-4 says there IS CUP 81-5 for on-sale beer and wme at thIS site, asked how that dIffers from this actIon? Mr. CurtIs said the CUP at that time was the same as thIS CUP; ;it lapsed and they had to get a new CUP. Senor Corky's was there for several years, closed for a year or two and re-opened as a pizza restaurant WIthout beer. Then Tootsie's restaurant opened WIth a beer and wme hcense. By the tIme It got through ABC WIth the transfer of ownershIp, thIS IS actually the one-year extensIon for the orIgmal TootsIe's approval. CommiSSIoner Brown, commentIng on the sIte's parkIng VarIance, noted the staff report SaId they have 7 open spaces and 4 parkIng spaces wIthm garages. Mr. CurtIs explained those conditions apphed to TootsIe's restaurant. Tootsie's had a two-car showroom/garage mSIde the buIldmg and a two-car garage outside. When TootsIe's began operatmg staff reqUlred them to eventually tear down the old garage. The present owners bought the property, tore out both the showroom and the extenor garage and put m the required exterIor parking. They now have 9 outside spaces. When the present owner remodeled they lost part of the buIldmg area (the showroom/garage) and this lowered theIr parking reqmrements and they only needed mne spaces. ChaIrman Brown asked what had happened to theIr m-heu parkIng VarIance? Mr. WhIttenberg explained that once the parkIng reqmrements had been met the VarIance IS no longer necessary. ChaIrman Brown asked if in the future someone were to want to put up a larger buIldmg what would happen to the parkIng Variance? Mr. Whittenberg SaId the CIty would have to consider a new apphcation for an expansIon of the eXlstmg buddmg through a CUP process. Page 4 - City or Seal Beach P1anDlng CommlSSlun Minutes or September 18. 1996 . Chairman Brown mdlcated thIs Public Hearing was Noticed for revocation of the apphcant's CUP. He asked if thIs Public Hearing is contmued, can the Pubhc Heanng then be SWItched to consider an extensIOn? Mr. CurtIS saId no, the presently Noticed Pubhc Heanng for revocation will be contlnued and won't be re-Notlced. But staff WIll Notice for the extension in the intenm. Mr. Whittenberg advised the PublIc Hearing WIll need to be opened for the purpose of allowmg anyone to speak on the revocatIon. That matter would be held 10 abeyance while the Commission held their PublIc Hearing on the extensIOn. At that pomt the CommIssIOn will decide whIch way It wants to vote. PublIc Heanng The Chair opened the Pubhc Hearmg. The applIcant was present but wanted to wait and speak at the October 9th meeting. There were no speakers 10 favor of the revocation. The Chairman contmued this Pubhc Heanng to October 9, 1996. MOTION by Sharp; SECOND by Law to continue the Public Hearing on CUP 92-1 to the Planning Commission meeting of October 9, 1996. MOTION CARRIED: A YES: ABSENT: 4-0-1 Sharp, Law, Yost, Brown Hood . STAFF CONCERNS Three Weeks Mr. WhIttenberg remmded the CommIssioners that the next Planning CommIssion meeting WIll be three weeks from thIS date, not two weeks. COMMISSION CONCERNS LeIsure World MedIcal Center and the FPPC CommIssIoner Sharp wondered If he and CommIssIoner Law would be able to vote on the new LeIsure World medIcal center If It comes before the Planmng CommIssIon? He remarked on the Importance of Commissioners being able to vote on matters of Importance 10 then Counctlmanic districts and the frustratIon of bemg bound by FPPC rulIngs or lack thereof. He asked the CIty Attorney's Office to get clanfication on thIS FPPC ruhng as It pertatns to Planmng CommIssIoners who hve 10 LeIsure World. Mr. Whittenberg Said he would pass thIS mformatlon on to the CIty Attorney, notlng that until a formal apphcation IS submitted It will be dIfficult to get a ruhng from the FaIr Pohtlcal Practices CommIssIon (FPPC). Primanly because depend 109 on the SIze and type of applIcation It may not have to come before the Planmng CommIssion . . . Page 5 - Cily of Seal Beach 1'Ianoing COmUw.'IOII Minule. of SLplunbcr 18. 1996 . ChaIrman Brown noted thIS FPPC matter transpIres 10 the same way whenever these Issues anse. The answer always seems to be the same --- you need an applIcatIon before an answer can be given. He asked If, in the meantime, there was a way for the Planmng CommIssIoners from Districts 2 and 5 to give up theIr shares 10 the Golden Rain FoundatIon for a short penod of tlme? Commissioner Sharp said no, that share part of theIr deed, It's what enables them to own their condos. CommISSIOner Law added that neither she nor CommiSSIOner Sharp lIve wIthm 300' of thIS new medical center. Commissioner Sharp said this matter doesn't apply to Just Leisure World, It applIes to all condomInIUms where there are shareholders. It happens that now two Planning CommIsSIoners live in Leisure World. District 2 (CommIssIoner Sharp) includes College Park West, Rossmoor and LeIsure World. DIStrict 5 (Commissioner Law) is all Leisure World WIth the exceptlon of one small unit. Therefore the pOSSIbilIty eXIsts that a District 2 CommISSIoner could lIve outSIde of Leisure World. ChaIrman Brown suggested Commissioner Sharp speak to our State Senator or representative. He SaId Downey Commumty HOSpItal recently had a pnvate legIslatlon passed because they found they came under the Brown Act and they dId not thmk that was correct. To clanfy thIS matter the private legIslatIon clear the way to enable them not to fall under the Brown Act. Commissioner Yost SaId he lIves withm 300' for WI ElectrIC Avenue and WIll have to abstaln from partICIpating and votmg on that Issue on October 9, 1996. . ADJOURNMENT ChaIrman Brown adjourned the meetlng at 7:45 p.m. Respectfully submitted, Joan FIllmann Executlve Secretary Planning Department NOTE These Mmutes were tranSCrIbed from an audIO tape made at the meetlng. APPROV AL The Planning CommISSIon Mmutes of September 18, 1996 were approved by the Planmng CommISSIon on October _' 1996._ .