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HomeMy WebLinkAboutPC Min 1996-10-09 ~ Page 3 . City of Seal Beach l'IaumDg COWIDl..IOU Ageuda for Oetober 9. 1996 ~ 1996 AGENDA FORECAST NOV 06 . . CUP 94-41700 PCR/Burger Kmg/6 mos. extensIon ZTA 96-8/313 Welcome Ln/RetentIon of 20' setback NOV 20 . TENTATIVE: ZTA 96-7: Codeamendmentsre3/4" raceway/EV Comdor. NOV 28 &. 29 CITY HALL CLOSED FOR THANKSGIVING DEC 04 . CUP 94-8/327 Main/NIp 'n Stuff Indefimte ExtensIon DEC 18 DATE UNKNOWN * TENTATIVE: LeIsure World MedIcal BUlldmg/FPPC Ruhng DEe 2S CITY HALL CLOSED FOR CHRISTMAS HOLIDAY 1997 . JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEe 'lit Note: Commlss1oner Hood in Greece aU month. . . 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 lease 48 hours in advance of this meeting. . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of OCTOBER 9, 1996 The CIty of Seal Beach Planmng CommIssIon met In regular seSSIon at 7:30 pm. In CIty Council Chambers. The meeting began With the Pledge of allegIance to the flag. ROLL CALL Present: Charrman Brown CommIsSIOners Hood, Sharp, Law, Yost Also Present: Development ServIces Department Lee WhIttenberg, Director CraIg Steele, ASSIStant CIty Attorney Joan Fillmann, ExecutIve Secretary Absent: Barry Curtis, ASSOCIate Planner AGENDA APPROV AL Chairman Brown requested Consent Calendar Items #1 and #2 be pulled for separate conSIderatIon. DIrector Whittenberg suggested item #9 not be heard thIS evemng because staff dId not receive Input from the Orange County FIre authonty. Staff is not prepared to proceed WIth the Public Hearing and recommended no pubhc testimony be taken tomght, but Instead the Pubhc Hearing should be opened and contInued to the CommISSIon's November 6th meetIng. MOTION by Sharp; SECOND by Yost to approve the Agenda as amended. MOTION CARRIED: AYES: 5-0-0 Sharp, Yost, Brown, Law, Hood ORAL COMMUNICA nONS Carla Watson * Seal Beach Ms. Watson spoke about the CIty'S Founders Day vanous celebratIons and inVIted the CommiSSIoners to attend. Gene Veselly * 73 RIversea Road. Seal Beach Mr. Veselly wanted to speak on CUP 92-1 but DIrector WhIttenberg asked hIm to Wait untIl that matter comes up on the Agenda. With no other persons WIshing to speak, the Chairman closed Oral CommumcatIons. . . . Page 2 - City of Seal Beach PIannmg ComlUlSSllII\ · MlDules of October 9, 1996 CONSENT CALENDAR MOTION by Sharp; SECOND by Law to approve the following Consent Calendar items as presented, including the adoption of Resolution 96-35, approving Minor Plan Review 96-6: 3. ReceIve and FIle: Supplemental Staff Report dated September 30, 1996: Rolsa Chlca Project - ConsIStency Determznatzon, Coastal Conservancy Project, and Ports of Long Reach and Los Angeles Master Plan Amendments for wetlands Restoration ProJect. 4. Receive and FIle: Staff Report dated September 30, 1996: Revzew of Draft Envzronmental Impact Report - 1997 Azr Qualzty Management Plan (AQMP) , South Coast Air Qualzty Management Distrzct. 5. Mmor Plan ReVIew 96-6 Address: Apphcant: Property Owner: Request. 1500 Marine Avenue Glona Hjelm Glona Hjelm Approval to resurface roof deck and mstall a raIlmg around same. Approval, subject to any condIuons of approval, through the adoption of Resoluuon No 96-35 Recommendauon: MOTION CARRIED: AYES: 5-0-0 Sharp, Law, Hood, Yost, Brown The CommIssion next dISCUSSed Item #1: 1. Approve Plannmg Commission Mmutes of September 18, 1996 ChaIrman Brown wanted to know If, when Planning CommISSIon Mmutes were corrected by the CommIssion, dId the correction show only 10 the next set of Minutes or were the ong1Oal M10utes corrected too? Staff explained the original M10utes were corrected and the next set of Mmutes also showed the correction as requested by the Commission. MOTION by Sharp; SECOND by Law to approve the Planning Commission Minutes of September 18, 1996 as presented. MOTION CARRIED: AYES: ABSTAIN: 4-0-1 Sharp, Law, Yost, Brown Hood . Page 3 - CIty of Seal Beach Plannmg ConunISSIOIl · MInutes of October 9, 1996 The Commission next dISCUSSed Item #2: 2. Receive and File: Staff Report dated September 30, 1996: Sunset Harbor Maintenance FacIlIty - CalifornIa Coastal CommIssion. Charrman Brown asked staff to clanfy this issue further. DIrector Whittenberg exp1a1Oed Orange County owns and operates Sunset Harbor Aquatic Park, which IS wIthin the corporate boundaries of the CIty of Seal Beach. In 1984 the County approved an EIR for a long range master development plan for the park. One of the components proposed was the construction of a County ma10tenance facIl1ty to house theIr maintenance vehIcles for beach ma1Otenance. These County vehIcles ma1Ota1O parks from Newport Beach to Seal Beach. To mItigate the problem of bUIld10g thIS structure on wetlands, the EIR indicated there would be on-SIte mItigation by Improv1Og other wetlands 10 Sunset Aquatic Park. Orange County has come forward this year with an actual bUIld10g plan for the ma10tenance facility. The City initially received a request from the Army Corps of Eng10eers 10 August. The CIty'S comments were that as long as they were do1Og the mItigation they commItted to 10 the EIR, the CIty of Seal Beach dId not have a problem with theIr mling thIS partIcular wetland because they were restoring a better functIomng wetland area somewhere else on the property. . Because the County has to go through the California Coastal CommIssIon for a permit to bUild the structure, the CIty of Seal Beach next received a request from the CalIfornIa Coastal CommIssion. The Coastal Commission's report revealed Orange County IS not propos1Og to do the mItigation at thIS time but IS Just wanting to bulld10g the faclllty. The letter the City Councll sent to the Coastal CommiSSIOn was along the same hnes as the CIty'S letter to the Army Corps of Eng1Oeers. Chairman Brown felt the emphaSIS of the CIty'S letter was mIsplaced and looked as though It were saying we don't have any objectIOn to your fillmg m wetlands whereas It should have saId we are opposed to thIS buildmg unless mltlgatwn measures are done m advance Mr Whittenberg felt the letter doesn't say that. It does say the CIty has no problem as long as the mItigation IS done at the same time. Chairman Brown asked where the mitigation was? Mr. WhIttenberg replied that ImtIally there was proposed mitigation as a part of the EIR process but for some reason the County has deemed It appropriate not to do both building and mItigating at the same time. The CIty of Seal Beach and the Coastal CommiSSIOn are concerned that they should both be done at the same time. Mr. WhIttenberg said he would take these suggestions 1Oto account when he prepares future project comment letters. He explained the Coastal CommISSIon heanng IS tomorrow and there . IS no time to change the letter under dIScussion. . . . Page 4 - CIty of Seal Beach Plamung CommlsslOII · Mmules of October 9, 1996 MOTION by Hood; SECOND by Law to approve item #2 as presented. MOTION CARRIED: AYES: 5-0-0 Hood, Law, Brown, Sharp, Yost PUBLIC HEARINGS The Chair asked the CIty Attorney if it was permissIble to comb1Oe Items #6 and #7? Mr. Steele saId yes, as long as that fact is announced up front. The Chairman so announced. 6. CondIoonal Use PermIt 92-1 [Cononued from 9-18-96] Address: 909 Ocean Avenue Bus1Oess: EI Burnto, Jr. Re: Revocaoon of CUP 7. CondIoonal Use Permit 92-1 Address: 909 Ocean Avenue Business: EI Burnto, Jr. Re: ExtenSIOn of CUP Staff Report Mr. Whittenberg dehvered the staff report. [Staff report on file 10 the Planmng Department for reference]. Mr. WhIttenberg explained two issues are involved: (1) For the revocation of CUP 92-1 and (2) For a twelve months extenSIon of CUP 92-1. Item #6, continued from September 18, 1996, IS to consider the revocaoon of the current CUP WhICh allows for the on-premIse sale of beer and w1Oe. The revocaoon IS be10g considered because the apphcant was not omely 10 submItting an apphcaoon for the mandatory extension The bus10ess IS meeong all the Conditions of Approval of their CUP, theIr have been no compla1Ots and the bus10ess has not been a detriment to the CIty. For these reasons the CIty recommended the extenSIOn over the revocaoon. CommISSIOn Ouesoons on Staff Report Chairman Brown asked If the reason for consIdenng revocaoon was the apphcant's tard10ess 10 submitting the reqUIred renewal apphcaoon and If an extenSIOn would be a pUnIshment? Mr. WhIttenberg said he would not characterize an extenSIOn as a punishment but more to make the apphcant aware there are procedures WhICh the CIty requIres in order to have the pnvllege to operate that type of a bus10ess 10 the CIty. The apphcant needs to be cogmzant of these . . . Page S - City of Seal Beach Plamung COJIIIUJSSIOJI · Minutes of October 9. 1996 procedures and an extensIon would be a way to ensure they recogmze those responsIbIhtIes The cost of the extenSIOn, which IS the fihng fee for a CUP, IS $250 CommISSIoner Sharp felt $250 is a lot of money for a small busmess. Commissioner Hood said he had a question on the way in which staff presented thIS Issue. From what Mr. Whittenberg said, the applicant had everythmg filled out, the apphcatIOn was presented and all that was mIssmg was the signature. For those persons watchmg on teleVISIon, It may seem as though the apphcant has done nothmg wrong. However, the City has been sendmg thIS applicant letters since February 1996; nine months ago. He thought staff could be glossmg over the issue. Mr. WhIttenberg rephed that staff tries to work with the apphcants. ThIS apphcant submItted an apphcatIon, but dId not have a complete hst of addresses to send the legal NotIce. The apphcatIon was thus returned. When It came back, the application stIll lacked the property owner's SIgnature. CommISSIoner Hood asked how many letters were sent to the apphcant? Mr. Whittenberg Said he dIdn't know the figure because Barry CurtIS handled that segment of this applicatIon. Mr. Steele Said the lack of the property owner's SIgnature was the reason the prevIously scheduled Pubhc HearIng was continued. CommISSIoner Hood asked on what date was the final apphcation submItted? Mr. Whittenberg SaId It was September 19, 1996. CommISSIoner Hood asked If It was correct that they were sent a letter m February 1996? Mr. WhIttenberg confirmed. CommISSIoner Hood asked the apphcant was told at that tIme that the CUP would expIre m May? Mr. WhIttenberg confirmed. CommIssioner Hood asked if the applicant was sent a couple of letters by Registered mail m July and August tellmg them there would be a revocation hearing If he dIdn't get things done? Mr. Whittenberg Said he couldn't confirm that because he didn't have that correspondence m front of him. CommISSIoner Hood said he wanted these facts m the Record. The apphcant dIdn't respond until the day after the revocation proceedmgs were scheduled. . Page 6 - City of Seal Beach Plannmg CommISSIOII · MInutes of October 9, 1996 Public Heanng Jose Perez. Esquire rNo Address GIvenl Mr. Perez introduced hImself as the applicant's attorney, saying he was Just retaIned to help the apphcant. He then explaIned the apphcant's history wIth the Department of Alcohohc Beverage Control (ABC). He said EI Bumto Jr. is a famIly-owned busIness. FIrst It was owned by Sergio Palomo who then transferred it to hIS brother-In-law, JovenclO DIaz. He felt thIS transfer may have caused the confusion In the timehness of the applicatIon. ABC requested thIS applicant go a different route. Instead of a transfer from Mr. Palomo to Mr. DIaz, they want Mr DIaz to apply for a new hcense on his own. He dIdn't thInk the ABC would have a problem ISSUIng Mr. DIaz a new license. As soon as thIS is done, the ABC will revoke Mr. Palomo's ABC hcense for this site however. Chairman Brown asked staff to clarIfy the dIfference between the CUP and the ABC hcense. . Mr. Whittenberg explaIned there are two different types of permIts the applIcant IS dealIng wIth. First, the CUP is a CIty-ISSUed permIt which runs with the land. It authonzes a certain type of land use on the property. In thIS case, the sale of on-premIse alcoholic beverages; beer and Wine. Second, ABC issues an operatIng license to sell the beer and wine. That license WIll often transfer from one owner to another. As long as the City's CondItions of Approval are being complIed WIth, and the new owner agrees to meet all of those condItIons, there IS not the neceSSIty for a new Pubhc Hearing before the Planmng CommIssIon A PublIc Hearing would be needed If a bUSiness ceases to operate for SIX months or If the owner wants to amend the CIty'S CondItIons of Approval. Irma Perez. ArchItect (No Address Givenl Ms. Perez stated she worked with SergIo Palomo to obtaIn hIS imtIal CUP. Now she IS helping JovenclO DIaz. She explained that while there were delays, the applIcant dId not delay on purpose. They saw the transfer to the brother-in-law as a famIly matter and really dIdn't thInk about the paperwork It would take to accomplIsh the transfer. He IS WIllIng to work WIth the CIty and the ABC to operate hIS bUSiness in Seal Beach. Gene Veselly * 73 Riversea Road. Seal Beach Mr. Veselly said he frequents thIS restaurant. When Mr. Palomo first came to Seal Beach he approached him about sponsoring a gIrlS baseball team. Mr. Palomo was happy to do so and even suggested he sponsor two teams. I'He was that happy to be here". Mr Vesselly SaId hIS WIfe lIkes to have a beer with her dinner and he feels It IS necessary to have the beer and Wine lIcense. He urged the CommIssIon to vote In favor of an extenSIon but not penalize the bUSIness . WIth a twelve-month renewal. An Indefinite extenSIon would be appropnate. He felt If the . . . Page 7 - City of Seal Beach PIamung CommISSIOD · Mmules of October 9, 1996 City's letters had been written 10 Spanish the response might have been qUicker --- the appbcant speaks better Spanish than Engbsh. There were no persons wishing to speak against this appbcatlon. The appbcant's representatlves did not wish to rebut. The Chairman closed the Pubbc Hearing CommiSSIon Comments Commissioner Law SaId she favored a twelve months reVIew because, whether the appbcant speaks English or SpanIsh, he is in business and should have made a stronger effort to understand what the CIty wanted. Instead, it took hIm mne months to get an appbcatlon together. She felt the attitude was "I can do as I please". She felt a twelve month extensIOn would help thiS apphcant stay on time or the face the fact that hIS CUP could be revoked CommISSioner Yost asked how the length of a CUP reVIew penod IS determmed? Mr. Whittenberg said the reVIew periods are set at the optlon of the CommIssIon, there IS noth1Og mandating a reVIew penod. Over the years, the City has had a pobcy that on Issumg a new CUP to reqUIre a reVIew after SIX or twelve months, Just to be sure the condItlons imposed are accompbshing goals the City IS trying to achIeve. Commissioner Yost asked If other City establishments had not filed theIr appbcatlons on tlme and was a precedent set? Mr. Whittenberg SaId no. CommISSIoner Hood SaId he had favored a SIX months extensIOn. But after hsten10g to tomght's testlmony and the CommISSIon's comments he was persuaded by what CommiSSIOner Law SaId and is now in favor of a twelve months extension and not an 10definite extenSIon. Commissioner Yost SaId Seal Beach IS a family commumty and selling alcohobc beverages IS a privilege, not a right. He favored a twelve months extensIOn. He felt the commumty's rights must be protected with a twelve month review period. CommIssioner Sharp SaId the City has certaIn rules and regulatIons that must be followed If at any tlme they don't follow those rules the CommiSSIOn can call them back for review Mr. Whittenberg said the Condltlons of Approval contaIn a standard phrase which stlpulates thiS Chairman Brown SaId he had a few comments on the CondItlons of Approval. #4. The hours %peration shall befrom 6:00 a.m. to 10:00 p.m. on weekdays and from 6:00 a. m. to 1:00 p. m. on Fridays, Saturdays and holtdays Food shall be served untzl15 mmutes before closmg. . . . Page 8 - City of Seal Beach Plannmg COIIIIIlIlISIOIl · MInutes of October 9, 1996 The 1:00 p.m. should be 11:00 p.m. The food service should be served untl130 mInutes before cloSIng, not 15 mInutes as per #19. #24. The term of thzs permit shall be twelve (12) months ... Ch3.1rman Brown made the dIstlnctlon between errors of the mInd and error of the heart. Here there IS an error of the heart and perhaps communicatlon. Based on Mr. CurtIs' preVIOUS comments, CommIssioner Brown felt thIS applicant was well-intentloned but confused because of the dIfferences between the ABC and CUP requIrements; theIr own attorney asked for a clarification on this pOInt. He did not get the Impression there was an eVll Intent not to comply WIth the law or not to comply WIth the CIty. He S3.ld he did not see the purpose In a twelve months extension, feeling the CommissIon could go through the same amount of confusIOn at that time. Staff could waste time chasing them down WIth Certified letters. He felt an extenSIOn would bOll down to a $250 penalty for not gettlng their act In gear sooner.' He felt the business has been operated well and has not been a problem. He favored the Indefimte extenSIOn. Commissioner Sharp agreed, notlng ag3.1n that $250 IS a lot of money for a small bUSIness. He noted again the language problems. "We're here to help businesses Instead of penalIZIng them". MOTION by Sharp; SECOND by Law to stop the revocation proceedings of CUP 92-1. MOTION CARRIED: AYES: 5-0-0 Sharp, Law, Brown, Yost, Hood MOTION by Sharp; SECOND by Brown to approve Resolution #96-36 with twenty-three Conditions of Approval, thus approving an Indefinite Extension for CUP 92-1. MOTION CARRIED: AYES: NOES: 3-2-0 Sharp, Brown, Yost Hood, Law Mr. Steele adVIsed the applicant's representatlves of the ten calendar-day appeal penod. 8. HeIght Vanatlon #96-2 Address: Applicants: 101 Electnc Avenue Harry and Mary Wilhams Commissioner Yost declared he hves WIthIn 300' of 101 ElectrIC Avenue and WIthdrew from further partICIpation in thIS item. . . . Page 9 - City of Seal Beach PIannmg ConUDlSSIOII · Mmutcs of October 9, 1996 Staff Report Mr. Whittenberg delivered the staff report. [Staff report on file in the Planmng Department for reference]. The apphcants, Harry and Mary Wilhams, requested approval to construct a covered roof access structure (CRAS) m excess of the 25 foot heIght hmIt. The proposed structure would house elevator equIpment and would exceed the heIght hmIt by approxImately 31/2 feet Commission QuestIons on Staff Report Chairman Brown asked If the dIfference m this covered roof access structure (CRAS) was elevator versus shaft. Mr. WhIttenberg said yes. Pubhc Hearing The apphcants were present but dId not WIsh to speak. There were no persons wIshmg to speak for or against thIS apphcatIon. The Chairman closed the Pubhc Hearmg MOTION by Sharp; SECOND by Law to approve Resolution No. 96-37, thus approving Height Variation 96-2, subject to Conditions of Approval. MOTION CARRIED: AYES: ABSTAIN: 4-0-1 Sharp, Law, Hood, Brown Yost 9 . Zomng Text Amendment 96-8 Address: 313 Welcome Lane Apphcant: CIty of Seal Beach Request: To consider an amendment to ~28-2319(E)(3) of the Code of the CIty of Seal Beach. CA, whIch reqUIres a minimum 20' setback between second stones of structures WIthin the Seal Beach Trailer Park. SpecIfically, the Planmng CommISSIon WIll conSIder whether to retain, amend or remove the current setback reqUIrement MOTION by Hood; SECOND by Sharp to open the Public Hearing and continue Zoning Text Amendment 96-8 to the regularly scheduled Planning Commission meeting of November 8, 1996. MOTION CARRIED: AYES: 5-0-0 Hood, Sharp, Law , Yost, Brown . . . Page 10 - ell)' of Seal Beach Plannmg CommiSSion · Mmutes of October 9, 1996 STAFF CONCERNS Mr. Whittenberg announced he will be on vacation for two weeks and wIll therefore not be present at the CommIssion's October 23rd meetIng; Barry CurtIs WIll conduct the meetIng. COMMISSION CONCERNS CommISSIoner Hood announced he WIll be m Greece the month of January and WIll therefore be unable to attend those two CommiSSIon meetIngs. Commissioner Sharp asked if there would be a meetIng on November 20th due to the Thanksgiving holidays? Mr. WhIttenberg saId yes, as long as there are agenda Items to be heard and a quorum to hear them. Commissioner Sharp asked the CIty Attorney If he had any mformatIon on he and CommISSIoner Law bemg able to vote on matters affecting LeIsure World --- such as a new medIcal center? Mr. Steele said he WIll wnte the FaIr PolItIcal PractIces CommIssion and request formal adVIce and asked for thIS to be agendIzed Chairman Brown commented that hIS recent dealmgs WIth the CIty'S cable franchIse were mcompetent and rude. CommiSSIoner Sharp reminded him the CIty has a Cable CommIssion and he could address hIS complaint to them. Mr. Rosenman came to the microphone and saId he wanted to address the Planmng CommISSIon. MOTION by Sharp; SECOND by Yost to open Oral Communications to allow David Rosenman to speak. MOTION CARRIED: AYES: 5-0-0 Brown, Sharp, Yost, Law, Hood Mr. Rosenman said Chairman Brown could direct hIS comments on the cable franchIse to the City Manager, Mr. TIll, at this time as the contract IS due for renewal. Mr. Rosenman commented that the greenbelt area and EIsenhower Park are publIc property and realtors had signs up thIS weekend. He then noted the prolIferatIon of foldmg/sandwICh board SIgns and questioned the CIty'S lIabIlIty If someone were to fall because of them. He asked If they would be targeted in the Main Street Specific Plan enforcement? Lee WhIttenberg said staff will stay on top of thIS. Mr. Rosenman said the Tree CommIttee IS domg well, they are gettIng educated on what trees will grow well, what trees will not cause root problems and they are soliciting funds. . . . ........ Page 11 - CIl)' of Seal Beach Plannmg ConuruSSIOII · Manules of October 9. 1996 ADJOURNMENT The Chairman adjourned the meetIng at 8:45 p.m. Respectfully SubmItted, JOS O~~"'\~;... J 0 Fillmann ExecutIve Secretary Department of Development Services APPROVAL: The Planmng CommIssio& Mmutes of October 9, 1996, were approved on October ~, 1996..1ut- . , . DONALD A DAVIS SHARON K DAVIS 109 ELECTRIC AV SEAL BEACH, CA 90740 OCTOBER 1, 1996 nrT -3mi I em OF SEAL BEACH CITY OF SEAL BEACH ATTENTION MR LEE WHITTENBERG DIRECTOR OF DEVELOPMENTAL SERVICES 211 EIGHTH STREET SEAL BEACH, CA 90740 DEPARTMENT OF DIWlQPMENT SERVICES RE HEIGHT VARIATION 96-2 101 ELECTRIC AV . DEAR MR WHITTENBERG THIS IS TO AFFIRM OUR SUPPORT FOR THE PROPOSED PROJECT AND HEIGHT VARIATION 96-2, WHICH CONSISTS OF A COVERED ROOF ACCESS STRUCTURE (CRAS) IN EXCESS OF THE 25 FOOT HEIGHT LIMIT WE UNDERSTAND THAT PROPOSED STRUCTURE IS TO HOUSE ELEVATOR EQUIPMENT AND EXCEED THE HEIGHT LIMIT BY APPROXIMATELY 31/2 FEET THANKYOU IN ADVANCE FOR YOUR POSITIVE CONSIDERATION ON THIS PROJECT " I r-:--' ~ll~ ~ I t .