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HomeMy WebLinkAboutPC Min 1997-11-19 e e - , CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for NOVEMBER 19,1997 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA 90740 Next Resolution: 97-43 I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. 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 COMMUNICATIONS 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 November 5, 1997; 2. Receive and File: November 10, 1997 Staff Report re: Housing Element Update - Status Report 3. Receive and File: November 10, 1997 Staff Report re: Orange County EV Infrastructure Program - Approval of MOU and Contracts. 4. Plan Review 97-5 Address: Applicant: Property Owner: 1217 Electric Avenue Francine De France Francine De France 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. e e e City of Seal Beach Planning Commission Agenda * November 19, 1997 Request: To add 234 square feet to the front unit of a non- conforming duplex. The proposed improvements include a remodel and addition to the second floor bedroom and bathroom and the addition of a small deck to the second floor. Recommendation: Approval through the adoption of Resolution No. 97- VI. SCHEDULED MATTERS 5. Consideration of Resolution NO. 97-42 Re Tattoo Parlors VII. PUBLIC HEARINGS 6. Revocation of Variance 97-2 [Continued from October 8, 1997] Address: 222 Main Street Applicant: City of Seal Beach Property Owner: Howard Brief Request: Continue to December 3, 1997 7. Conditional Use Permit 94-4 Address: 770 Pacific Coast Highway Applicant: Cimm's Inc. (Mr. Gayle Meadows) Property Owner: Cimm's Inc. (Mr. Gayle Meadows) Request: Indefinite extension of CUP 94-4, permitting A drive-thru window. Recommendation: Approval through the adoption of Resolution No. 97- 8. Conditional Use Permit 97-11 and Height Variation 97-3 Address: A-69 Surfside Applicant: Jim Haskett Request: To remodel the existing house, adding a bath and a third garage space. Remodel to include a Covered Roof Access Structure. (CRAS). Recommendation: Approval through the adoption of Resolution No. 97- VIII. STAFF CONCERNS 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. e e e City of Seal Beach Planning Commission Agenda * November 19, 1997 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 Crty 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 Agenda * November 19, 1997 1997 AGENDA FORECAST DEC 03 CUP 97-12 ZC 97-12 CUP 97-10 GPA 97-_ 320 Central/Remodel Seal Beach Shopping Center Shorehouse Cafe Amend Circulation Element DEC17 Note: Commissioner Hood Absent 1998 AGENDA FORECAST JAN 06 Note: CUP 97-1 Commissioner Hood Absent Yucatan Grill @ 12147 SBB JAN 30 FEB 03 FEB17 MAR 03 MAR 17 APR 08 APR 22 MAY 06 MAY 20 JUN 10 JUN 23 JUL 08 J U L 22 AUG 05 AUG 19 SEP 09 SEP 23 OCT 06 OCT 20 NOV 04 NOV18 DEC 09 DEC 23 VAR 93-1 212 MAIN ($7300 final in-lieu pmt) 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. .. . e CITY OF SEAL BEACH PLANNING COMMISSION MINUTES for NOVEMBER 19, 1997 The Chair called the regularly scheduled Planning Commission meeting of November 19, 1997 to order at 7:30 p.m. in City Council Chambers. The meeting began with the Salute to the Flag.1 ROLL CALL Present: Chairman Brown Commissioners Yost, Hood, Larson Also Present: Department of Development Services Craig Steele, Assistant City Attorney Barry Curtis, Associate Planner Absent: Commissioner Law Lee Whittenberg, Director Joan Fillmann, Executive Secretary MOTION by Yost; SECOND by Hood to excuse Commissioner Law's absence, which was due to illness. MOTION CARRIED: AYES: ABSENT: 4-0-1 Yost, Hood, Larson, Brown Law AGENDA APPROVAL Mr. Steele read a prepared statement on Chairman and Mrs. Brown's expected baby. Staff joked that this might violate the Chair's determination for composed meetings. The Chair jokingly asked if that item needed to be voted on. MOTION by Hood; SECOND by Larson to approve the Agenda as presented. MOTION CARRIED: AYES: ABSENT: 4-0-1 Hood, Larson, Brown, Yost Law ORAL COMMUNICATIONS There were no oral communications from the audience. 1 These Minutes were transcribed from an audiotape of this meeting. . , . City of Seal Beach Planning Commission Minutes * November 19, 1997 CONSENT CALENDAR MOTION by Hood; SECOND by Yost to approve the Consent Calendar as presented and to approve Resolution 97-43 for Plan Review 97-5: 1. Approve Planning Commission Minutes of November 5, 1997; 2. Receive and File: November 10, 1997 Staff Report re: Housing Element Update - Status Report 3. Receive and File: November 10, 1997 Staff Report re: Orange County EV Infrastructure Program - Approval of MOU and Contracts. 4. Plan Review 97-5 Address: Applicant: Property Owner: Request: 1217 Electric Avenue Francine De France Francine De France To add 234 square feet to the front unit of a non- conforming duplex. The proposed improvements include a remodel and addition to the second floor bedroom and bathroom and the addition of a small deck to the second floor. Approval through the adoption of Resolution No. 97- 43. Recommendation: MOTION CARRIED: AYES: ABSENT: 4-0-1 Hood, Yost, Larson Brown Law SCHEDULED MATTERS 5. Consideration of Resolution No. 97-42 Re Tattoo Parlors The Chair read from the resolution heading: A Resolution of the Planning Commission of the City of Seal Beach Finding a Tattoo Establishment Subject to the Issuance of a Conditional Use Permit with Specific Limitations is Compatible with the Uses Permitted in the General Commercial (C-2) Zone. Commissioner Larson said he heard the State legislature recently adopted a law regulating tattoo parlors. He assumed that whatever that law's requirements were would apply here automatically. 2 . . -, City of Seal Beach Planning Commission Minutes * November 19, 1997 Commissioner Yost requested an amendment to the resolution, which said that if the State law is more stringent that it be adhered to. Mr. Curtis said the future Zoning Text Amendment would include anything the State has added. Mr. Steele said a State law, which had pre-emptive effect would take precedence over the City's ordinance. MOTION by Hood; SECOND by Yost to approve Resolution 97-42. MOTION CARRIED: AYES: ABSENT: 4-0-1 Hood, Yost, Larson, Brown Law PUBLIC HEARINGS 6. Revocation of Variance 87-2 [Continued from October 8, 1997] Address: 222 Main Street Applicant: City of Seal Beach Property Owner: Howard Brief Request: Continue to December 3, 1997 Staff Report Mr. Curtis said staff is recommending this matter be continued because the City is still discussing the issues with Mr. Brief and the City Attorney's Office. MOTION by Hood; SECOND by Yost to continue the Public Hearing on Revocation of Variance 97-2 to December 3, 1997. MOTION CARRIED: AYES: ABSENT: 4-0-1 Larson, Yost, Hood, Brown Law 3 City of Seal Beach Planning Commission Minutes * November 19, 1997 . 7. Conditional Use Permit 94-4 Address: 770 Pacific Coast Highway Applicant: Cimm's Inc. (Mr. Gayle Meadows) Property Owner: Cimm's Inc. (Mr. Gayle Meadows) Request: Indefinite extension of CUP 94-4, permitting A drive-thru window. Recommendation: Approval through the adoption of Resolution No. 97- Staff Report Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for inspection]. Mr. Curtis explained there is a new owner of the business and the new operators are here this evening. The applicant, Cimm's Incorporated, requested an indefinite extension of a Conditional Use Permit (CUP) allowing a drive-through restaurant at 770 Pacific Coast Highway. Mr. Curtis said one complaint about smoke and odors had been received in August 1997. A catalytic converter has been installed on the exhaust system and the matter has been cured. . Commission Questions to Staff Commissioner Larson asked if the new owners were familiar with the twenty-six conditions of approval in the resolution? Mr. Curtis said that when the new owners took over the business they were not aware of the resolution or its conditions of approval. They are aware of them now and are abiding by them. Chairman Brown said this is another example of a CUP that runs with the land and not with the business owner. There can be differences between business owners and that's why the Planning Commission puts stringent conditions on CUPs. Public Hearina David Steinbera * Cimm's Incorporated * Proiect Manaaer Mr. Steinberg explained the new owners were unable to attend tonight's meeting due to other business commitments. They prepared a video to show what type of company Cimm's is. He noted allocades that Cimm's has received. The Chair asked if Cimm's owned solely Burger Kings? Mr. Steinberg said Cimm's is the largest independent franchisee for Burger King and . they also own Tony Roma's. Commissioner Larson noted Burger King displayed a sign saying "No Food in the Play 4 . . '. City of Seal Beach Planning Commission Minutes * November 19, 1997 Area" and yet this Burger King has permission for a table in the play area. Mr. Steinberg said they evaluate how crowded an area is and go on a space percentage. This is his job. He has not been to 770 Pacific Coast Highway yet. They have not decided on the table yet. The Chair explained the Planning Commission had permitted the play area. Because the site had problems with parking, the Commission wanted to make sure the indoor play area would not be used for eating -- as a way to bypass the parking rules: Later, the Planning Commission allowed them to have a table in the area for children's parties. Mr. Steinberg said the table is out now and they don't plan to reinstate it; they are satisfied with the existing seating. He added they have their own landscaping and maintenance companies. This assures immediate response; things can be taken care of that day. The Chair asked him to speak about catalytic converters. Mr. Steinberg said they have pro-actively attacked this issue. While AQMD does not currently require them to have a catalytic converter, it's going to happen in the next year or two. Therefore, they automatically put them on their stores. They don't want to become a burden on a community. The catalytic converter removes approximately 98% of particulate matter. It's as clean as you can get it. It re-burns the smoke and residue from the cooking process. At the time they purchased this Burger King the catalytic converter was not operating properly and they replaced it at that time.. No one wished to speak in favor or against this application. The Chair closed the Public Hearing. Commissioner Deliberations Commissioner Larson said the change of ownership seems to be going well; they seem to be too busy. MOTION by Hood; SECOND by Yost to approve Resolution No. 97-44, thus approving an indefinite extension of CUP 94-4. MOTION CARRIED: AYES: ABSENT: 4-0-1 Hood, Yost, Larson, Brown Law Mr. Steele advised the Commission's action is final tonight and the ten-calendar day appeal period begins tomorrow. 5 '"- . . '. City of Seal Beach Planning Commission Mmutes * November 19, 1997 8. Conditional Use Permit 97-11 and Height Variation 97-3 Address: A-69 Surfside Applicant: Jim Haskett Request: To remodel the existing house, adding a bath and a third garage space. Remodel to include a Covered Roof Access Structure. (CRAS). Recommendation: Approval through the adoption of Resolution No. 97- Staff Report. Mr. Curtis presented the staff report. [Staff report on file in the Planning Department for inspection. Staff received four FAX's opposing any structure exceeding the height limit. Mr. Curtis spoke to some of the FAX senders. They had been under the impression the whole structure would exceed the height limit by 4'. One of the FAX senders complained they had received their Notice late. Mr. Curtis explained they live in Italy and the Notice had to be routed there. Commission Questions to Staff The Chair said the FAX from Italy questioned the Noticing procedures. Mr. Curtis said the legal Notices are mailed ten (10) days prior to the meetings. Commissioner Yost asked how a CRAS was defined? Mr. Curtis explained a CRAS is a structure enclosing a stairway to an open deck. There are size limitations. Mr. Curtis said the Commission established a policy setting the maximum size for these structures based on the type of stairway involved. The maximum size for a spiral stairway would be 6%' x 6%' . These applicants are planning 6' x 6', which is as small as it could be. Public Hearina Jim Haskett * Seal Beach Mr. Haskett said he has worked diligently with his architect and contractor to limit the height limits. He said it's not the case that they want to be 4%' higher than everybody else. They simply want access to their deck. Because it's a remodel, this is the only way it can be done. Two of the complainants he felt misunderstood the Notice because both of them have CRASs in their homes. The Chair asked about his last statement. Mr. Haskett said yes, both the DeSantos and the Davila's have CRASs that exceeds the height limits. He said CRAS are common in Surfside. Commissioner Larson said the letter from the Winniger's at B-68 are concerned that their peek-a-boo ocean view will be affected. 6 . . . City of Seal Beach Planning Commission Minutes * November 19, 1997 Mr. Haskett said his requested CRAS would be in the center of his house. The Winniger's are not behind him but behind A-68, next door. A-68 is a two-story house. He could not be blocking their view. The only view available is between the two houses and that will stay open. No one wished to speak in favor or against this application. The Chairman closed the Public Hearing. The Chair summarized the letters [copies attached]. Mr. Curtis said his handout listed similar structures, which exceed the height limit and have been approved since 1991; 26 were approved thru due process, 4 are new structures in the last 5 years. Commissioner Larson questioned the blocking of views. Mr. Curtis said staff believes no primary view will be affected by this 6' x 6' structure. The Chairman said one of the reasons he wanted to read the FAX's was to affirm staffs contention that people probably misunderstood the height limitation on the Notice. This is really not over the height limit but it is within the rules of the CRASs. The Planning Commission has tried to stay away from the issue of views because of the inherent dangers in getting involved in what is a "primary view" or a "secondary view" and just apply a standard set of rules. Commissioner Yost said that he sympathized with those in the area but felt they didn't understand the issue completely. This applicant is asking for less than what is allowed for under the rules. He is asking for a way to cover the access to the roof and he has done this in a minimalist fashion. He said he didn't find any problems with the application and felt it's in keeping with the architectural style. MOTION by Brown; SECOND by Larson to approve CUP 97-11 and Height Variation 97 -3 for A-69 Surfside and bring back a resolution at the next meeting. MOTION CARRIED: AYES: ABSENT: 4-0-1 Brown, Hood, Larson, Yost Law STAFF CONCERNS Mr. Curtis said there were no staff concerns at this time. COMMISSION CONCERNS Chairman Brown asked about the beach sand, noting this issue is not the Planning Commission's area of concern. It was expected about October 15th. 7 . . e City of Seal Beach Planning Commission Minutes * November 19, 1997 Mr. Curtis said the sand is coming any day now. Repairs needed to be done to the Navy's railroad to make it suitable to carry the loads. They are installing a conveyor belt to assist in off-loading the sand. Any time there's a ship in port no sand can be shipped. ADJOURNMENT Chairman Brown adjourned the meeting at 8:35 p.m. Respectfully Submitted: cto~~a.r,~ Joan Fillmann, Executive Secretary, Planning Department ~ APPROVAL: The Minutes of November 19, 1997 were approved on December ft- 1997. ~ 8 . . . City of Seal Beach Planning Commission Minutes * November 19, 1997 1997 AGENDA FORECAST DEC 03 CUP 97-12 ZC 97-12 CUP 97-10 GPA 97-_ DEC17 Note: 1998 AGENDA FORECAST JAN 06 Note: CUP 97-1 JAN 30 FEB 03 FEB17 MAR 03 MAR 17 APR 08 APR 22 MAY 06 MAY 20 JUN 10 JUN 23 J U L 08 JUL 22 AUG 05 AUG 19 SEP 09 SEP 23 OCT 06 OCT 20 NOV 04 NOV18 DEC 09 DEC 23 VAR 93-1 320 Central/Remodel Seal Beach Shopping Center Shorehouse Cafe Amend Circulation Element Commissioner Hood Absent Commissioner Hood Absent Yucatan Grill @ 12147 SBB 212 MAIN ($7300 final in-lieu pmt) 9