Loading...
HomeMy WebLinkAboutPC Min 1997-11-05 'e e . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for November 5, 1997 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA 90740- Next Resolution: 97-39 I. PLEDGE OF ALLEGIANCE n. 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) Re-arrange 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 is 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 the Planning Commission may undertake no action or discussion 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 a specific item be removed from the Consent Calendar for separate action. 1. Approve Planning Commission Minutes of October 8, 1997 Meeting 2. Plan Review 97-4 Address: Applicant: Property Owners: Request: 118 (/' Street Joyce & Richard Parque Joyce & Richard Parque To enclose porch to add sixteen (16) square feet to a non- conforming four-unit property. Approve, subject to conditions, via adoption of Resolution No. 97-_. Recommendation: 3. Review Staff Report, dated October 27, 1997, re: Seal Beach Naval Weapons Station Installation Restoration Program - Status Report re: All Installation Restoration Sites. 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 (562) 431-2527 at least 48 hours in advance of the meeting; thank you. City of Seal Beach Planning Commission Agenda · November 5, 1997 VI. SCHEDULED MATTERS .' 4. Plan Review 97-3 Address: Applicant: Request: VIT. PUBUC HEARINGS 708 Central Avenue Jim Klisanin To enclose a carport and make site improvements. S. Conditional Use Permit 96-2 Address: 12241 Seal Beach Boulevard Business: Parasol Restaurant Applicant: Roy Hall Property Owner: Century National Properties Request: Indefinite extension of CUP 9~2, permitting the on-site sale and service of beer and wine at an outside patio. Recommendation: Approve, subject to Conditions of Approval, via the adoption of Resolution No. 97-_. 7. 6. Variance 97-4 Address: Applicant: Property Owner: Request: B-46 Surfside Ed Reynolds Ed Reynolds To convert a double carport to a two-car garage with less than the required rear-yard setback. Deny via the adoption of Resolution No. 97-_. . Recommendation: Zone Change 97-1 Address: Applicant: Property Owner: Request: Recommendation: 941 Pacific Coast Highway David BonnadoMa Deborah Ringel Trust To rezone the Seal Beach Shopping Center from C-l to C-2. Approve, subject to Conditions of Approval, via the adoption of Resolution No. 97-_. 2 . The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting; thank you. ;. . . city of Seal Beach Planning Commission Agenda · November 5, 1997 8. Conditional Use Permit 97-10 Address: 941 Pacific Coast Highway Applicant: David Bonnadonna Property Owner: Deborah Ringel Trust Request: Consideration to allow a billiard parlor at the Shorehouse Cafe. Recommendation: Approve, subject to Conditions of Approval, via the adoption of Resolution No. 97- VIII. STAFF CONCERNS 9. Staff Memo re 306 Main Street New Restaurant - The Abbey 10. Staff Memo re 1311h Main Street New Owner - Don Juan's Taco House 11. Staff Memo re Variance 87-2 222 Main Street * Howard Brief IX. COMMISSION CONCERNS x. ADJOURNMENT 3 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting; thank you. city of Seal Beach Planning Commission Agenda · November 5, 1997 1997 AGENDA FORECAST NOV 19 Conditional Use Permit 94-4 Address: 770 Pacific Coast Highway Business: Burger King Applicant: Cimm's Inc. (Mr. Gayle Meadows) Property Owner: Cimm's Inc. (Mr. Gayle Meadows) Request: Indefmite extension of CUP 94-4, pennitting a drive- through window. CUP 97-11 and HV 97-3 Address: A-69 Surfside Applicant: Jim Haskett Request: Remove existing first floor bedroom, remodel 2nd & 3ft! floors, add stairs to roof deck, renovate exterior, add 1 new parking space. DEC 03 CUP 97-12 320 Central/Remodel DEC17 4 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting; thank you. , . . . City of Seal Beach Planning Commission Agenda * November 5, 1997 . . IAN 06 IAN 20 FEB 03 FEB 17 MAR 03 MAR 17 APR 08 APR 22 MAY 06 MA Y 20 JUN 10 JUN 24 JUL 08 . JUL 22 AUG 05 AUG 19 SEP 09 SEP 23 ocr 06 OCT 20 NOV 04 NOV 18 DEe 09 DEe 23 AGENDA FORECAST - 1998 CUP 97-1Yucatan Grill @ 12147 SBB/ Review ABC & Amendments V AR 93-1 212 Main Final $7300 payment/in-lieu parking fees . 5 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting; thank you. ~ -~. .~, e e e City of Seal Beach Planning Commission Minutes of November 5, 1997 The Chair called the regular1y scheduled Planning Commission meeting of November 5, 1997 to order at 7:30 p.m. in the City Council Chambers. The meeting began with the Salute to the Flag. ROLL CALL Present: Chairman Brown Commissioners Hood, Yost, Law, Larson Also Present: Department of Development Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Associate Planner Joan Fillmann, Executive Secretary AGENDA APPROVAL Staff requested the Agenda be amended to include General Plan Amendment 97-3 in item #7. It was Noticed as General Plan Amendment 97-3 and Zone Change 97-1. However, the General Plan Amendment was omitted from the Agenda. Regarding tattoo par1ors, Commissioner Hood said the minutes of October 8, 1997 required staff to bring back a resolution at the November 5th meeting regarding the proposed zoning designation, the CUP and its standard conditions for tattoo parlors. He asked why it is not on this Agenda. Mr. Whittenberg said staff was unable to complete it in time and it would be on the November 19th Agenda. MOTION by Hood; SECOND by Yost to approve the agenda as amended. MOTION CARRIED: AYES: 5-0-0 Hood, Yost, Larson, Law, Brown ORAL COMMUNICATIONS There were no oral communications from the audience. CONSENT CALENDAR Motion by Hood; SECOND by Law to approve the Consent Calendar as presented: 1. Approve the Planning Commission Minutes of October 8, 1997; 2. Approve Plan Review 97-4 for 118 Sixth Street through the adoption of Resolution No. 97-39. 3. Review October 27, 1997 staff report re: Seal Beach Naval Weapons Station Installation Restoration Program - Status Report re: All Installation Restoration Sites. MOTION CARRIED: 5 - 0 - 0 AYES: Hood, Law, Larson, Yost, Brown City of Seal Beach Planning Commission * Minutes of November 5, 1997 e SCHEDULED MATTERS Plan Review 97-3 Address: 708 Central Avenue Applicant: Jim K1isanin The Chair explained this request to enclose a carport was considered at the Commission's last meeting. However, the Commission received notification that the legal Notice was not received as mailed. 4, Staff Report Mr. Curtis presented a brief staff report. [Staff report on file in the Planning Department for inspection]. He explained staff became aware the property owners and occupants to whom the hearing Notice was mailed had not received it. Staff decided to place this item on the agenda again tonight so any persons wanting to give testimony could do so. He indicated a building permit has been issued for 708 Central Avenue because none of the comments received at the prior Public Hearing dealt with the garage itself. The comments received related to the ability to stack cars behind the garage for parking. At this time the applicant is not asking for a mechanical gate and staff is not allowing a mechanical gate. Mr. Whittenberg said two letters were received from Bill and Gail Ayres, 707 Central Avenue, Seal Beach. They were dated October 14, 1997 and October 24, 1997. Commission Questions to Staff e The Commission asked details and made suggestions on preparing and mailing legal Notices. Specifically they asked why the Notice failed to be received on Plan Review 97-3, how a checks- and-balances system could be established, who prepares the Notices, how the applicants have access to the mailing information, and how many addresses are generally involved in a mail out. Regarding Plan Review 97-3, Mr. Curtis said that Notice was put in the mail and he did not know why it was not delivered. There were eleven or twelve Notices in stamped and addressed envelopes. They were rubber-banded together. It was apparent none of those Notices was received and that's why it's on tonight's agenda. In this case, staff rechecked the labels and they were prepared correctly. Regarding the radius map and label preparation, Mr. Curtis said the applicant is responsible for its preparation. The applicant can do the preparation or he can hire a company to prepare it. Applicants may use the Orange County Assessor's Maps and corresponding property owners book at the Planning Department or the applicant may hire a Title Company or consultant to do the same thing. The applicant or the preparing company signs an affidavit that the list has been correctly prepared, that it's a complete listing of all property owners and occupants in the required radius. Signing of the affidavit, by the applicant and/or the company, puts them on the hook if someone is not Noticed, and that would allow the matter to be brought back before the Planning Commission or City Council. Regarding the mailing, the applicants bring the City address labels. Staff prepares the Notices, stuffs the envelopes and mails them. Regarding the number of addresses receiving a Notice, it's usually ten to fifteen for a Minor Plan Review. e Chairman Brown said he thought the concerns of Mr. and Mrs. Ayres had been satisfied and this is not a problem. The Commission's concern is we have a system where there are no checks and balances on the Notices. 2 City of Seal Beach Planning Commission * Minutes of November 5, 1997 e Mr. Whittenberg suggested the Planning Commission ratify Resolution No. 97-37 unless there are other changes. Commissioner Hood asked if anyone wanted to speak to this item? Chairman Brown said it was not a Public Hearing. The Chairman indicated he had spoken to the Ayres' and they did not have any concerns with the particular items the Commission discussed during the meeting. Their concern was related to the electric/mechanical gate which was not a part of the discussion. MOTION by Hood; SECOND by Yost to ratify Resolution No. 97-37, thus approving Plan Review 97-3 with Conditions of Approval. MOTION CARRIED: AYES: 5-0-0 Hood, Yost, Law, Brown, Larson PUBLIC HEARINGS 5. Conditional Use Permit [CUP) 96-2 122241 Seal Beach Boulevard Parasol Restaurant Staff Report Mr. Curtis delivered the staff report. [Staff report on file at the Planning Department for inspection]. This CUP was before the Planning Commission for a review at one year for a patio with sale of beer and wine. The City has received no complaints during the past year regarding this site. The Police Department has reviewed this application and has no concerns. Staff inspection of the site demonstrated compliance with the Conditions of Approval. The applicant installed panic hardware on the exterior gates when staff brought this to his attention. Staff recommended the indefinite extension be granted. e Commission Questions to Staff There were no questions to staff. Public Hearina The applicant was not present. No people wanted to speak in favor of or against the application. The Public Hearing was closed. Commission Deliberation There were no Commission comments. MOTION by Hood; SECOND by Law to approve Resolution No. 97-40, thus approving an indefinite extension for Conditional Use Permit 96-2, at 12241 Seal Beach Boulevard, Parasol Restaurant. MOTION CARRIED: 5 - 0 - 0 AYES: Hood, Law, Brown, Yost, Larson Mr. steele advised the Commission's action is final tonight and the ten-calendar day appeal period begins to run tomorrow. e 3 City of Seal Beach Planning Commission * Minutes of November 5, 1997 6. Variance 97-4 B-46 Surfside e Staff Reoort Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for inspection]. The request was to convert a double carport to a two-car garage with less than the required rear-yard setback. Staff recommended denial. The applicant wanted to build a garage to the alley, to a zero property line at the rear with no setback. The municipal Code requires a minimum 3' rear yard setback. The applicant contended that by building the garage to the property line it allowed him an 8~' separation between the garage and his house - a viable yard. If he had to have a 3' setback, the resulting 5~' would not be a viable yard. Staff felt the 399 square foot deck would be a viable yard. Commission Questions of Staff Commissioner Yost asked when the municipal Code requirement for a 3' rear yard setback was inaugurated were the residents of Surfside involved in the process? Was the vote contentious or unanimous? Mr. Curtis said Surfside Colony residents were involved in the process. He was not aware of what transpired at the Colony meetings but he didn't think it was contentious. At the Planning Commission level, staff had been dealing specifically with the Colony and what they wanted for Surfside Colony. All the affected property owners were Noticed. At the time of the hearings it was not contentious. Commissioner Law said the minutes showed the Planning Commission 1990 vote was carried 5-0. e Commissioner Hood said he felt there had been appropriate discussion of this Zone Change and the property owners had a chance to make their feelings known. Staff is saying that it would be granting a special privilege to approve this Variance request. It would be against the law for the Planning Commission to approve it. Public Hearina Steve Rowe * Contractor for Aoolicant Mr. Rowe introduced himself as a Surfside Colony resident and the general contractor for the applicant. He said "As far as being notified as to the 3' setback, it's news to me. The news came to me when I laid out the ... garage on the property. That zero setback ... I thought everything was going to be status quo and was going to apply. The only change would be the 3' side yard easements. Beyond that when I had called Mr. Curtis regarding this setback and moving the project to zero, I overheard a real estate agent telling a potential client that they could build over the existing garage, which was a zero garage on the road and also zero on the side yard. That's the way the majority of these garages are built. So they have a zero side yard, a zero rear yard and a 3' side yard. Any questions on that? I called Mr. Curtis on this. He said what could be done and wanted to build on one of these garages they would have to bring the second or third floor in 3' from the side yard (sic). But they could take the rear of the building to 0'. The back of the building would be 0' from the ground to the roofline". He asked if that had changed? e Mr. Curtis said that would essentially be true. Such an applicant would have to receive a CUP allowing a major addition to a non-conforming structure. However, the City's municipal Code, as it relates to Surfside Colony, is more stringent on additions to non-conforming structures than it is for the remainder of the City. For example, they would not be allowed to add bedrooms but they could enlarge existing rooms. The Code still allows second and third stories to come right to the rear of the property line, it's just the first floor that requires the 3' setback. In this instance, they 4 City of Seal Beach Planning Commission * Minutes of November 5, 1997 e could apply to the City for a CUP to leave the garage and build over it. The approval, however, would not allow building of bedrooms. Mr. Rowe said over 50% of the Colony properties would be allowed to build their structures to a zero lot line, while their garages are already at a zero lot line. His client would lose 3' out of his garage. Mr. Rowe explained his client will park cars in the garage and there will be little room for beach play items. To carry such items to the second-story roof deck would mean they would have to be carried through the house, up a stairway, across a catwalk and onto the deck. Mr. Rowe said the number of buildings set to the zero lot line would create a wall. The garages, which have to be inset, would create a mish-mash look of the structures, which would be unsightly. By allowing his client to build to 0' it would maintain an air of conformity in the Colony. No one in the audience wished to speak in favor of or against this application. The Chair closed the Public Hearing. Commission Deliberation Commissioner Yost said that in terms of existing structures having a garage to the zero lot line, staff is talking about them petitioning by a CUP to add to a non-conforming structure. This would require a Public Hearing before the Planning Commission. They wouldn't de facto be able to build straight up three stories. Mr. Curtis agreed, noting this is a Variance and that would be a CUP process. But it would be a Public Hearing before the Planning Commission. He added that you could, through the CUP process enlarge an existing home. Staff felt that people wanting to perform major remodels to their homes would be forced to bring the garage into conformity through the CUP process. e Chairman Brown asked if there was a limit to the expansion through the non-conforming process? Mr. Curtis said there is no size requirement and read: By Issuance of a Conditional Use Perrmt the Planning Commission may approve general renovaUon and structural alterations to non-conforming buildings provided no bedrooms or other living quarters are being added. The only rooms bemg added are bathrooms, storage closets, closets, or enlargements to existing rooms And at least one (1) adequate parking space is provided. Commissioner Law said approval would be granting a special privilege and the Planning Commission would be violating the law. Commissioner Larson said there are 31 Colony lots with no garage, about half the available lots. There are 36 lots with a zero lot line. Since this rule was put in, two garages have been built and built in compliance with the 3' setback. He did not think an exception should be granted in this case. MOTION by Hood; SECOND by Larson to approve Resolution No. 97-41, denying approval of Variance 97-4 for B-46 Surfside. Before the vote, the Chair said if there are other considerations, they would be more properly addressed in a Zone Text Amendment. MOTION CARRIED: AYES: 5-0-0 Hood, Larson, Brown, Yost, Law e Mr. Steele said the Commission's action is final tonight and the ten calendar-day appeal period begins tomorrow morning. 5 City of Seal Beach Planning Commission * Minutes of November 5, 1997 e 7. Zone Change 97-1 and General Plan Amendment 97-3 901,941,981 and 1001 -1085 Pacific Coast Highway Staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department for inspection.] The applicant, David Bonnadonna, wants to rezone an existing retail shopping center from C-1 to C-2. The proposed General Plan Amendment #97-3 and Zone Change #97-1 will affect the entire shopping center as well as an existing automobile service station located at 901 Pacific Coast Highway (Unocal). The proposed C-2 zoning would result in the subject properties having the same General Plan and zoning designations as the remainder of commercially zoned properties along Pacific Coast Highway. Mr. Curtis noted staff received two letters in opposition to this request. One was from Harry Schuck; copy provided to the Commission. The second letter was anonymous. Staff recommended approval. Commission Questions to Staff Commissioner Yost noted the shopping center is a huge parcel with the Shorehouse restaurant and Unocal service station seemingly separate from the rest of the shopping center. He asked if the entire parcel must be re-zoned because all the properties are under one ownership? Mr. Curtis said yes, adding the service station is on a separate parcel. In considering this Zone Change staff would like to include the service station because the use doesn't meet the current zoning. e Chairman Brown reviewed the municipal Code and the uses allowed in the C-1 and C-2 zones. He said review of the uses shows some of them to be out of place and/or outdated. For example, an ambulance center should probably be C-2 rather than C-1. He felt the Planning Commission might want to review the uses in the commercial zones at a future meeting. Mr. Curtis said the karate studio mentioned came before the Planning Commission for a determination. The Commission determined that C-1 was appropriate for a karate studio. He said several uses in the Code are carry-overs from years ago and are uses you don't see any more. For example, trampoline centers, which was a big fad in the 1950's. Commissioner Hood asked if a tattoo parlor is considered an adult oriented business? Mr. Curtis said no, not by the municipal Code's definition. Commissioner Hood recalled that at the last meeting when the tattoo parlor was under discussion, the Commission said they should be located only in C-2 zones. If this application is approved it would open another C-2 zone. Mr. Curtis said the Commission determined tattoo parlors should be in C-2 zones but also, they must apply for and receive a Conditional Use Permit. Commissioner Yost said the Commission determined tattoo parlors should be in C-2 zones with a CUP and with the most stringent set of requirements. The Commission considered requirements from surrounding cities allowing tattoo parlors and applied them to Seal Beach. e 6 City of Seal Beach Planning Commission * Minutes of November 5, 1997 Public Hearina e Joe Goveia * Representina the Applicant (No Address Given) Mr. Goveia thanked staff for its help in processing this application. The following persons spoke in favor of this application: Mike Hoffman * Seal Beach Mr. Hoffman introduced himself as a 15-year City resident. He objected to Commission comments about tattoo parlors as that creates a certain type of negative thinking. He wanted the Commission to stick to the subject of re-zoning from C-1 to C-2. Donnv Van Horn * Shorehouse Cafe (No Address Given) Mr. Van Horn said he was an employee of Shorehouse Cafe. The requested pool tables would create more business. They would bring in business people from other areas. Terry Connor * Marina Drive. Seal Beach Mr. Connor said he saw no problem with changing the zoning to C-2. Anthony Alezia * Unocal Station (No Address Given) Mr. Alezia said he has been working for the Unocal Station for a long time and saw no problems with changing the zoning to C-2. Jessica Lopez * Shorehouse Cafe (No Address Given) Ms. Lopez said she works at the Shorehouse Cafe. There are other businesses nearby that do have pool tables. This has not been a problem. They are not being limited in their use. She supported the C-2 zoning. e Steve Donnelly * Unocal Station * Downey. CA Mr. Donnelly said he works at the Unocal and has not objection to the C-2 zoning. He knew of some locations that had pool tables and they were right behind houses. He didn't see any crime or bad element caused. The following person spoke against the proposal: Gail Olsen-AYres * Central Avenue. Seal Beach Mrs. Ayres opposed this application because she didn't think the City needs another C-2 zone in the City. The following persons spoke in general about the proposal: John Schock * Balboa Drive. Seal Beach Mr. Schock asked for the Code to be read, listing the uses for C-1 and C-2 zones. Chairman Brown read these and explained various points. Mr. Schock asked if there were height limitations on C-1 versus C-2, such that a Home Depot would be allowed? Mr. Schock said a hotel or a lumberyard could go there. Mr. Whittenberg said the height limits are the same in C-1 and C-2. But a Home Depot wouldn't fit into that shopping center because it's not big enough. Mr. Whittenberg said a hotel or lumberyard would require CUPs and Public Hearings. Brenden Baldwin * 14th Street. Seal Beach Mr. Baldwin asked for a clarification on the two applications at this same address. He asked if the second issue was contingent on the favorable vote on the first one? e 7 City of Seal Beach Planning Commission * Minutes of November 5, 1997 e Mr. Whittenberg said yes, the consideration of CUP 97-10 is contingent on the consideration of Zone Change 97-1. If a change is not made to the shopping center's zoning, the billiard tables cannot be considered. The applicant's representative did not want to rebut. The Chair closed the Public Hearing. Commission Deliberation Commissioner Larson assumed there was a specific reason for placing the C-1 zone on the north side of Pacific Coast Highway. An argument could be made that the north side was treated differently than the entire south side of Pacific Coast Highway. The uses do not seem consistent but that's not the Commission's function. The Commission's function is that when the ordinance was adopted it said you could do this on the south side and not on the north side. There are a lot of people who live north of this side and they haven't come to register any complaint that this change would bother them. Chairman Brown said the Commission does decide what uses do go in C-1 and C-2. Commissioner Yost said he didn't have a problem with two billiard tables. But he did have a problem making the whole shopping center a C-2 zone because it's a very large parcel and it's close to McGaugh School. He could not vote to approve re-zoning the entire shopping center to C-2. He made a recommendation that staff come back with a way to subdivide the property to allow C-1 and C-2. Commissioner Law said she was tom. She could approve two billiard tables as long as they had to have a CUP. e Commissioner Hood said he heard people saying they are worried about the proliferation of different uses in the C-2 zone. He didn't see anything wrong with billiard tables. He wondered why billiard tables couldn't be moved into the allowable C-1 uses? Mr. Steele said it's a possibility if the Commission so desires. He clarified Commissioner Yost's comments to Mr. Curtis, the Commission has an application before it to re-zone an entire property. That does not say the City cannot redraw the lines in a rational way that is more to the City's liking. Mr. Whittenberg said staff understands the concem that Seal Beach Realty is very different than the Unocal service station. From staffs viewpoint, the one issue to consider is the service station and carwash are legal non-conforming uses in the C-1 zone and no additions or modifications can be allowed as long as those properties stay in the C-1 zone. He suggested the Commission may want to change the zoning on the service station and the carwash parcels to the C-2 zone and leave the restaurant in the C-1 zone but allow billiard parlors in the C-1 zone by CUP. Chairman Brown said he didn't have a problem with changing the entire shopping center to a C-2 zone because it's effectively operating as a C-2 zone --- with the carwash and service station. The function of the Planning Commission is to represent the interests of the neighbors. He didn't see a "firestorm of protests" from the neighbors so they must not have a big problem with the change to C-2. When you look at the allowable C-2 uses many of them are not realistic to go into that shopping center; many would require a CUP. The service station is on a separate parcel but the carwash is part of the shopping center parcel itself. e Mr. Whittenberg said zoning lines could be drawn through a parcel, although it's not a recommended practice. But in this case there's a fairly distinct separation between the carwash and the rest of the center. 8 City of Seal Beach Planning Commission * Minutes of November 5, 1997 e Chairman Brown said you have to ask what are our concems? What uses are we preventing? What are we really concerned is going to go into that center that impact the area's residences. He didn't see any particular uses that would change that. Mr. Steele said that if the proposal is to change the uses in the C-1 zone that has not been Noticed. This would have citywide implications and would have to be Noticed. This puts this matter off to December 3rd. Commissioner Yost asked how were people Noticed about this issue tonight? Who was Noticed? Mr. Curtis said everybody that owns property within 300' of the shopping center, as well as anyone that resides within 300' of the shopping center received a Public Hearing Notice. Also there were Notices in the newspaper. MOTION by Hood; SECOND by Yost to continue Zone Change 97-1 to the Planning Commission's December 3, 1997 meeting. Refer the issue to staff to work on recommended changes in the zoning for the service station and the carwash parcels, to bring them into the C-2 zone and leave the restaurant in the C-1 zone but allow billiard parlors in the C-1 zone by CUP. Before the vote, the Chair reopened the Public Hearings to allow John Schock to give additional testimony: e John Schock * Balboa Drive. Seal Beach Mr. Schock said he received a timely Notice by mail. Notification indicates a possible change from C-1 to C-2 but it didn't give anybody any idea of the ramifications. He came down to see what was going to happen. His opinion is now that he doesn't want to have to come down to Planning Commission meetings for the next ten years for every time a CUP comes up -- to try to find out if this is something he wants. The use that the center has now is applicable to the area's needs. Other types of heavy industrial or commercial uses would really affect the community. There would be many more people here tonight if they had an idea what could potentially happen. Commissioner Hood asked Mr. Schock if the zoning were left C-1 and two billiard tables were added to the Shorehouse Cafe would he object to the pool tables? Mr. Schock said no. Commissioner Yost advised the public that by continuing the Public Hearing, it would allow those viewers who had comments to come to the December 3rd meeting and express their viewpoint. Commissioner Larson said the Planning Commission was going to a lot of trouble for two billiard tables. If the motion was to instruct the staff to come back with an appropriate zoning amendment to allow the billiard tables in the C-1 zone -- end it there. Don't get into a dispute with the gas station and the carwash. Commissioner Hood said he agreed and amended his motion: AMENDED MOTION by Hood; SECOND by Yost to continue Zone Change 97-1 to the Planning Commission's December 3, 1997 meeting. Staff is instructed to come back to the Commission with an appropriate zoning amendment to allow the restaurant in the C-1 zone and allow billiard parlors in the C-1 zone by CUP. Mr. Steele reminded the Commission they have an application, which includes the carwash and service station; some action must be taken on the property. The applicant has applied for the zone change. e Commissioner Hood asked if the Commission could table the matter to a time certain and take the carwash and service station up as a substitute motion at that time? 9 City of Seal Beach Planning Commission * Minutes of November 5, 1997 e Mr. Steele said the Commission is tabling the issue for two meetings and the Commission might as well ask staff to return with a complete solution to the issue. This is not a situation where staff is coming to the Commission with an idea - there is an application pending. Commissioner Larson said he could accept that but felt there was confusion on the intricacies of the issues involved. Chairman Brown said the City Attorney is saying some action must be taken and there's a time limit on it. The Commission can't just postpone it. Mr. steele said if Commissioner Hood's recommendation is followed, it is likely the Commission will get a staff recommendation coming back saying we'd like to change the conditionally permitted uses in C-1, we'd like to deny the zone change for the shopping center and we'd like to grant the zone change request for that portion of the property which includes the carwash and the gas station. That would be it. AMENDED MOTION: To continue the Public Hearing on Zone Change 97-1 to December 3, 1997. To instruct staff to return with changes to the conditionally permitted uses in C-1, to deny the zone change for the shopping center and to grant the zone change request for that portion of the property which includes the carwash and the gas station. MOTION CARRIED: 5 - 0 - 0 AYES: Hood, Yost, Brown, Law, Larson -* 8. Conditional Use Permit 97-10 941 Pacific Coast Highway e Chairman Brown opened the Public Hearing. MOTION by Hood; SECOND by Yost to continue the Public Hearing on Conditional Use Permit 97-10 to December 3, 1997. It will be heard in conjunction with Zone Change 97-1. MOTION CARRIED: 5 - 0 - 0 AYES: Hood, Yost, Brown, Law, Larson -* STAFF CONCERNS Mr. Whittenberg explained items 9, 10 and 11 are information items for the Commission. They are changes in operators of businesses that require CUPs. COMMISSION CONCERNS Commissioner Yost advised that on December 13, 1997 there will be a "Save the McGaugh Pool Co-ed Volleyball Tournament" for anyone interested. - Commissioner Hood said he would be away for the December 17, 1997 and January 7, 1998 meetings. He will be teaching a class for the University in Cairo until January 17, 1998. Chairman Brown asked the Commission to have more order in the meetings, to allow people to speak fully and without interference and not to have dialog with the Commission during the Public Hearing process. 10 City of Seal Beach Planning Commission * Minutes of November 5, 1997 e Commissioner Larson, referring to the Notices, said it's too much paperwork for staff to give the Commission a list of who Notices went to. Mr. Whittenberg said staff will work on this issue and report back. Commissioner Yost said this is the third time a building permit has been issued prior to getting all the facts straight. It seems to be a recurring problem. Mr. Whittenberg said this case was a very unusual problem and is the first time it has happened, where mail put into the Post Office was not delivered. ADJOURNMENT Chairman Brown adjoumed the meeting at 9:00 p.m. Respectfully Submitted: I ~- Joan Fi mann Executive Secretary Planning Department IY'.~~ __~~ '"'C)o~\t\lqq,... ~ e e 11 . I - WILLIAM AYRES e October 24,1997 Mr. Lee Whittenberg Director of Development Services City of Seal Beach Seal Beach, CA 90740 Ref: Minor Plan Review 97-3 708 Central Avenue & 148 7th. Street Dear Lee: We refer to our letter to you dated October 22, 1997 and subsequent telephone call to you requesting you to contact us. Both of these communications have not been answered as of this date. We believe that a violation of the Brown Act has occurred in that that there was not proper notification of residents within a 300 foot radius of this property. For this reason, we have spoken with Mr. Brian Brown, chairman of the Seal Beach Planning commission, regarding this matter and he suggested to us that we request this matter be placed on e the next Seal Beach Planning Commission meeting to be held November 5th. 1997. We now. formallv request that this matter be placed on this aeenda. We further request the list of all residents who should have been notified of this matter. As a matter of information for you, we have already contacted six residents within the 300 foot radius and found out that none of them received any notice. We will take the list and make contacts accordingly, prior to the November 5th. planning meeting. Please provide us with this list as soon as possible. The information in our letter to you dated October 22nd. substantiates our concern regarding this matter (copy of this letter is attached). Thank you in advance for your prompt response to this matter. Y~s~T!}1ly, 'I //~ pv ~6~ Bill & Gail Ayres Encl: Copy ofletter to Lee Whittenberg dated Oct. 22, 1997 CC: Brian Brown & Marilyn Bruce Hastings . 707 Central, Seal Beach, Ca. 90740 Tel: 310-431-7955 Fax: 310-431-4840 WILLIAM AYRES e October 22, 1997 Mr. Lee Whittenberg Director of Development Services City of Seal Beach Seal Beach, CA 90740 Ref: Remodel of property at 148 7th. St. & 208 Central Ave. Dear Lee: Just today we learned that the property located at the address listed above is being remodeled. We did not receive the property owner's notice informing us of this or that this matter would be on the agenda of the Planning Commission. I don't know if our names are on the official "mail out list" of property owners within a 300 foot radius or if a notice was never mailed to us. At any rate. we did not receive a notice. Today, I had the opportunity to view the remodel plans that are located in your office. e While we do not have any objection to the overall general scope of this remodel, we are very concerned that the metal sliding gate, which will close across the driveway, will create a noise hazard late at night and early in the "wee" hours of the morning. It seems that the property owner's tenants will be using this gate as they see fit and we have concerns that this noise will be a nuisance to our tenants in our apartments, which are located right across the street on Central Ave. Also, were there any consideration given to the property owner being required to repair the curbing (which are in very poor condition) and to plant trees in the easement along Central Ave and 7th. streets. The reason we ask this question is that we were required to do this when we did a "remodel". We would appreciate your reply regarding our concerns. y our~ t~JY,~ /:1:U r b~ L._ BfU& Gail Ayres V' V VY~ 707 Central Ave. e 707 CcnLral, Seal Beach, Ca. 90740 Tel: 310-431-7955 Fax: 310-431-4840