HomeMy WebLinkAboutPC Min 1997-12-03
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CITY OF SEAL BEACH PLANNING COMMISSION
AGENDA for DECEMBER 3, 1997
7:30 P.M. * City Council Chambers
211 Eighth Street, Seal Beach, CA 90740
Next Resolution: 97-45
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
VI.
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. Consideration of Planning Commission Resolution No. 97.45
2. Consideration of Planning Commission Resolution No. 97.46
SCHEDULED MA TIERS
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.
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City of Seal Beach Planning Commission Agenda * December 3, 1997
VII. PUBLIC HEARINGS
3. Revocation of Variance 87-2
[Continued from October 8, 1997]
Address:
Applicant:
Property Owner:
Request:
222 Main Street
City of Seal Beach
Howard Brief
Consider revocation of Variance 87-2 for lack of
payment of required in-lieu parking fees. The
Planning Commission's approval of Variance 87-2
permitted the remodel of a non-conforming
commercial/residential structure to create a 100%
commercial use without bringing the property into
conformity with existing zoning.
Recommendation: Continue to January 7, 1998
4.
Zone Text Amendment 97-5
Billiard Tables as Conditionally Permitted Use
In Service Commercial (C-1) Zone
Applicant:
Property Owner:
Request:
Recommendation:
City of Seal Beach
Not applicable.
To amend the Zoning Ordinance to allow
billiard tables in conjunction with a restaurant,
up to a maximum of two (2) tables, as a
conditionally permitted use in the Service
Commercial (C-1) zone. A conditionally
permitted use would require the approval of the
Planning Commission of a Conditional Use
Permit for a specific site, after a noticed Public
Hearing, for such a use to be established in the
City.
Approval through the adoption of
Resolution No. 97-_.
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City of Seal Beach Planning Commission Agenda * December 3, 1997
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5. Conditional Use Permit 97-10
[Continued from November 5, 1997]
Address:
Applicant:
Property Owner:
941 Pacific Coast Highway
David Bonnadonna
Deborah Ringel Trust
Request:
Consideration to allow two (2) billiard tables at
the Shorehouse Cafe.
Recommendation:
Approval through the adoption of
Resolution No. 97-_.
6. General Plan Amendment 97-3
Zone Change 97-1
[Continued from November 5, 1997]
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Address:
Applicant:
Property Owner:
901, 941, 1001 - 1085 Pacific Coast Highway
City of Seal Beach
Portola Ventures, a California Corporation
Request:
A request to rezone portions of an existing
retail shopping center (Seal Beach Center)
specifically the Unocal service station (901
PacifIc Coast Highway) and the Seal Beach
Car Wash (941 Pacific Coast Highway).
The proposed GPA/ZC will affect only the
Unocal service station and the Seal Beach Car
Wash by placing those uses into a conforming
zoning classification.
The remainder of the shopping center will
remain in the existing C-1 zoning designation.
Recommendation:
Approve through the adoption of Resolution
No. 97-_,
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City of Seal Beach Planning Commission Agenda * December 3, 1997
7. Conditional Use Permit 97-12
Address:
Applicant:
Property Owner:
320 Central Avenue
Brent Sears, Architect
Dan Mundy
Request:
To execute a major addition/remodel to a
non-conforming single family residence at 320
Central Avenue. The property is non-
conforming due to inadequate side and rear
yard setbacks of an existing detached garage.
The proposal includes the addition of 188
square feet on the ground floor for a new
dining room, and a second story addition of
1308 square feet to include three bedrooms,
two bathrooms and a laundry area.
Recommendation:
Approval through the adoption of
Resolution No. 97-_.
8. Negative Declaration 97-4
Circulation Element Amendment 97 -2 to General Plan
Street Vacation
Applicant:
Property Owner:
City of Seal Beach
City of Seal Beach
Request:
To amend the Circulation Element of the City's
General Plan to eliminate a proposed principal
future roadway connecting Westminster
Avenue to Adolfo Lopez Drive. The property
for the future principal roadway right-of-way
has been previously dedicated to the City but
has never been used. With the recent
approval of the Hellman Ranch Specific Plan
no road is needed. The property is located
between the Los Alamitos Flood Control Basin
and the Boeing Space and Defense facilities,
west of Seal Beach Boulevard.
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City of Seal Beach Planning Commission Agenda * December 3, 1997
Recommendation:
Approval through the adoption of
Resolution No. 97- .
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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City of Seal Beach Planning Commission Agenda * December 3, 1997
1997 AGENDA FORECAST
DEC17
ZTA 97-4
Exterior Staircases in RLD zone when original
kitchen located on second floor
CUP 97-13
MPR 97-6
Note:
121 & 121% Second Street
Commissioner Hood Absent
1998 AGENDA FORECAST
JAN 06
Note:
CUP 97-1
VAR 87-2
Commissioner Hood Absent
Yucatan Grill @ 12147 SBB
222 Main Street (continued)
JAN 30
FEB 03
FEB 17
MAR 03
MAR 17
APR 08
APR 22
MAY 06
MAY 20
JUN 10
JUN 23
JUL 08
JUL 22
AUG 05
AUG19
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)
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CITY OF SEAL BEACH PLANNING COMMISSION
MINUTES for DECEMBER 3, 1997
The regularly scheduled Planning Commission of December 3, 1997 was called to order
by Chairman Brown at 7:30 p.m. The meeting was held in City Council Chambers and
began with the Salute to the Flag.
ROLL CALL
Present:
Chairman Brown
Commissioners Law, Hood, Brown, Yost, Larson
Also
Present:
Deoartment of Develooment Services
Lee Whittenberg, Director
Quinn Barrow, City Attorney
Barry Curtis, Associate Planner
Absent:
Craig Steele, Assistant City Attorney
Joan Fillmann, Executive Secretary
AGENDA APPROVAL
Mr. Whittenberg requested item 3 be continued to January 21, 1997.
. MOTION by Hood; SECOND by Yost to approve the Agenda as amended.
MOTION CARRIED:
AYES:
5-0-0
Hood, Yost, Law, Larson, Brown
ORAL COMMUNICATIONS
There were no oral communications from the audience.
CONSENT CALENDAR
MOTION by Hood; SECOND by Yost to approve the Consent Calendar as presented:
1. Consideration of Planning Commission Resolution No. 97-45
2. Consideration of Planning Commission Resolution No. 97-46
MOTION CARRIED:
AYES:
5-0-0
Law, Larson, Yost, Brown, Hood
SCHEDULED MATTERS
There were no scheduled matters for consideration.
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City of Seal Beach Planning Commission Minutes. December 3, 1997
PUBLIC HEARINGS
3. Revocation of Variance 87-2
[Continued from October 8, 1997]
222 Main Street
The City of Seal Beach requested consideration for the revocation of Variance 87-2 for
lack of payment of required in-lieu parking fees. The Planning Commission's approval
of Variance 87-2 permitted the remodel of a non-conforming commercial/residential
structure to create a 100% commercial use without bringing the property into conformity
with existing zoning. Howard Brief was the applicant for Variance 87-2.
Chairman Brown indicated staff's recommendation to continue this matter to January
21, 1998.
MOTION by Hood; SECOND by Law to continue the Public Hearing on Revocation of
Variance 87-2 to the January 21, 1998 Planning Commission meeting.
MOTION CARRIED:
AYES:
5-0-0
Hood, Law, Larson, Yost, Brown
4.
Zone Text Amendment 97-5
Billiard Tables as Conditionally Permitted Use
In Service Commercial (C-1) Zone
Staff Report
Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for
inspedion]. This matter was considered at the November 5th meeting. The applicant is
the City of Seal Beach. The request is to amend the Zoning Ordinance to allow billiard
tables in conjunction with a restaurant, up to a maximum of two (2) tables, as a
conditionally permitted use in the Service Commercial (C-1) zone. A conditionally
permitted use would require the approval of the Planning Commission of a Conditional
Use Permit for a specific site, after a noticed Public Hearing, for such a use to be
established in the City. Staff's recommendation is approval.
Commission Questions to Staff
There were no questions.
Public Hearina
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Carla Watson * Seal Beach
Ms. Watson said she was in favor of the bmiafd tabfes but did not want the entire area
zoned C-2.
There ,were no other persons Wishing to speak-and_the Public Hearing was closed.
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City of Seal Beach Planning Commission Minutes. December 3, 1997
PUBLIC HEARINGS
3.
Revocation of Variance 87-2
[Continued from October 8, 1997]
222 Main Street
The City of Seal Beach requested consideration for the revocation of Variance 87-2 for
lack of payment of required in-lieu parking fees. The Planning Commission's approval
of Variance 87-2 permitted the remodel of a non-conforming commercial/residential
structure to create a 100% commercial use without bringing the property into conformity
with existing zoning. Howard Brief was the applicant for Variance 87-2.
Chairman Brown indicated staff's recommendation to continue this matter to January
21,1998.
MOTION by Hood; SECOND by Law to continue the Public Hearing on Revocation of
Variance 87-2 to the January 21, 1998 Planning Commission meeting.
MOTION CARRIED:
AYES:
5-0-0
Hood, Law, Larson, Yost, Brown
4.
Zone Text Amendment 97-5
Billiard Tables as Conditionally Permitted Use
In Service Commercial (C-1) Zone
Staff Report
Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for
inspection). This matter was considered at the November 5th meeting. The applicant is
the City of Seal Beach. The request is to amend the Zoning Ordinance to allow billiard
tables in conjunction with a restaurant, up to a maximum of two (2) tables, as a
conditionally permitted use in the Service Commercial (C-1) zone. A conditionally
permitted use would require the approval of the Planning Commission of a Conditional
Use Permit for a specific site, after a noticed Public Hearing, for such a use to be
established in the City. Staff's recommendation is approval.
Commission Questions to Staff
There were no questions.
Public Hearina
Carla Watson * Seal Beach
Ms. Watson said she was in favor of the billiard tables but did not want the entire area
zoned C-2.
There were no other persons wishing to speak and the Public Hearing was closed.
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City of Seal Beach Planning Commission Minutes * December 3, 1997
. Commission Deliberation
Commissioner Yost said he had no problem with billiard tables in the C-1 zone with a
Conditional Use Permit required.
Commissioner Hood asked for the Commissioner's comments in whose district this item
is located. The Chair indicated it's in Commissioner Yost's district.
Commissioner Yost said he felt it is fine to place billiard tables in a restaurant subject to
a CUP; it's appropriate. This particular property had a billiard table in the past. He did
have a problem with the entire shopping center being zoned C-2.
Commissioner Hood said he was in favor of the application.
Commissioner Law said she was in favor of the application, not seeing anything wrong
with billiard tables in the Shorehouse restaurant.
Commissioner Larson said if the Commission is going to change the allowed uses it
should be done after a complete review of the zoning ordinance and not piecemeal.
.
Chairman Brown agreed with Commissioner Larson, and indicated he had no problems
with billiard tables in a restaurant. The restaurant could still remain a restaurant. He
asked staff to look at the C-1 and C-2 uses and bring them up to date.
Mr. Whittenberg said that idea could be expanded on under Commission Concerns.
MOTION by Yost; SECOND by Hood to approve Resolution No. 97-47, thus approving
Zone Text Amendment 97-5.
MOTION CARRIED:
AYES:
NOES:
4-0-1
Yost, Hood, Law, Brown
Larson
5. Conditional Use Permit 97-10
[Continued from November 5, 1997]
941 Pacific Coast Highway
Staff ReDort
Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for
inspection). The applicant, David Bonnadonna, requested consideration to allow two (2)
billiards tables at the Shorehouse Cafe. Staff recommended approval.
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City of Seal Beach Planning Commission Minutes * December 3. 1997
. The Chair asked staff if this item could be considered prior to consideration of the ZT A?
Mr. Barrow said the Commission can consider this item tonight but it would not take
effect until the City Council takes action. If the City Council disagrees with the
Commission's recommendation, there would be no CUP.
Mr. Curtis explained the site has had an on-sale general liquor license for 13 years and
operates 24~ours. Through this request the Commission has the ability to reconsider
the hours of operation, particularly as they relate to the billiards use. Currently the
restaurant has to cease sales and consumption before 2:00 a.m. Staff recommended
billiard use terminate at 1 :30 a.m.
Director Whittenberg proposed a new item #10, stating that the CUP shall not become
effective until ZT A 97-5 is approved.
Commission Questions to Staff
The Commission discussed the necessary protocol regarding the CUP request for a
billiard parlor versus the CUP request for two billiard tables at the Shorehouse
restaurant.
.
Chairman Brown asked if this were a continuation of the prior request or a separate
request?
Mr. Curtis said he asked the City Clerk this question. The request is similar enough in
nature that staff continued it as a request for the two billiard tables. He realized it's not
specifically for a billiard parlor any more, it's now two tables in the C-1 zone. The City
Clerk felt it was sufficiently adequate to call it a continuation. Staff did re-Notice the
item to the local newspapers and area residents.
Chairman Brown asked if the Commission had to formally deny the prior request for a
billiard parlor?
Mr. Curtis said the prior action was a CUP requesting a billiard parlor.
Mr. Whittenberg said the Commission could, as a part of their deliberations, consider
taking action to deny the CUP the request for a billiard parlor and yet approve two
billiard tables in the C-1 zone subject to a CUP.
The Chairman asked about closing the continued Public Hearing on the billiard parlor.
Mr. Whittenberg said that could be done atter the public testimony was received.
.
Commission Questions to Staff
Commissioner Yost asked what was staff's recommendation regarding hours of
operation?
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City of Seal Beach Planning Commission Minutes * December 3, 1997
Mr. Curtis said staff was recommending closure from 1:30 a.m. to 10:00 a.m.
There were no further questions.
Public Hearina
The following persons spoke in favor of the application:
Joe Goveia * Reoresentina Dave Bonnadonna. Aoolicant
Mr. Goveia thanked staff for it's hard work and said they were willing to accept all the
conditions of approval.
Michael Schwartz * Bartender at Shorehouse Cafe
Mr. Schwartz said he has worked at the Shorehouse restaurant for 16 months. He
gives the last call at 1 :30 a.m. and has everybody out of the bar before 2:00 a.m. They
would very much appreciate approval for the billiard tables. It has been an extreme
financial burden on the owner and himself. They have never had a problem in the bar
area and they did have a pool table in there before. No problems arose from the use of
the pool table.
The Chair asked his thoughts on 1 :30 a.m. versus 2:00 a.m.
Mr. Schwartz said when they had a pool table in the bar area before he would allow
people to play pool up to 2:00 a.m. The games were ended right at 2:00 a.m. and
everyone left. There were no problems with that.
The Chair asked if people were allowed to remain in the bar area to eat when the bar
was closed?
Mr. Schwartz said only if they were eating. Uses of the other games in the area were
shut down. If people had ordered food prior to 1 :30 a.m. he allowed them to eat until
they finished. He did not allow them to use the pool table or the other games. He made
certain everyone else was out of the bar area.
Commissioner Law asked how long does it take to playa game of pool?
Mr. Schwartz said that depended on the players. From 5 to 15 minutes.
Commissioner Law said if the cut-off was at 1:30 a.m. and they were allowed to finish
their game, they would then be done by 2:00 a.m.
Mr. Schwartz said he was a bit confused as to whether pool would be allowed after the
1 :30 a.m. time or if at 1 :30 a.m. he would call the last game. For example, if a game
were starting at 1 :45 a.m. he would tell the players they have ten minutes to finish the
game. If they couldn't finish in ten minutes they would still have to put their cue sticks
up. They always went along with his request. He said he takes his job very seriously.
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City of Seal Beach Planning Commission Minutes. December 3, 1997
. The following person spoke in opposition to CUP 97-10:
David Rosenman * 8th Street. Seal Beach
Mr. Rosenman asked if the Commission was talking about a limited CUP or re-zoning
the entire shopping center?
The Chair explained they are talking only about the CUP.
Mr. Rosenman said he has had approximately ten phone calls from his neighbors. They
can't understand ulf it ain't broke, don't fix ir and on Main Street the cut-off hours are
11:00 p.m. on weekdays and 12:00 a.m. on weekends.
Mr. Whittenberg said the hours of operation depend on the license, with certain licenses
have longer hours than others do.
Mr. Rosenman said we could do perfectly well without pool tables in Seal Beach. He
saw no redeeming quality to the need. He reminded the Commission that once they
take an action to allow this it's not reversible. The CUP runs with the land - no matter
which the operator was. They can run and restaurant and a bar perfectly well without
pool tables. He strenuously objected to the late hours.
.
There were no other speakers and the Chair closed the Public Hearing.
Rebuttal - Mr. Goveia said this is a full service restaurant, which is surrounded by a
small area of entertainment. The entertainment is uobviously needed and it was utilized
before". They respectfully disagreed with the opposition.
Commission Deliberations
Commissioner Yost said he didn't have a problem with this request for several reasons.
First, there was a pre-existing pool table on the premises without any evidence of any
problems. The Police Chief testified this to. Secondly, by having a CUP it could be
reviewed at six months and then at one year. Thirdly, the CUP can be revoked upon
short notice if necessary. He would recommend the hours be limited to 1 :30 a.m. with
last-call and last game at the same time.
Commissioner Hood had no comments.
Commissioner Law said she had no problem with the request but wanted to see the last
call and last-game at 1 :30 a.m. This restaurant is no close enough to any residences to
disturb anyone with noise or cars.
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Commissioner Larson said that consistent with his previous vote he would vote against
this. If it were approved, however, he would like to see a condition in place strictly
prohibiting gambling.
Commissioner Yost asked if gambling was illegal?
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City of Seal Beach Planning Commission Minutes · December 3, 1997
Mr. Barrow said only certain types of gambling are permitted and they would not be
permitted at this establishment.
Commissioner larson noted that a lot of things are illegal and he just wanted to make
sure gambling stays illegal. He noted that betting on a golf course is illegal but people
do it all the time anyway.
Chairman Brown said residences closely surround Main Street businesses, whereas
this restaurant is quite a distance from any residences. He was wondering why staff
didn't place a probationary period on this but he assumed they already have a 16-month
probationary period or however long the pool tables were already there.
Mr. Curtis said they are recommending a 12-month period.
Chairman Brown said he had no objections to the application and asked the
Commissioners to bear in mind there's a $500 cost to the applicant for each review.
This applicant was illegally operating a pool table without any problems and the
Commission might want to consider that time period.
Commissioner Yost said he wanted it reviewed in 6 months and then 12 months.
This couldn't possibly happen on Main Street pursuant to the Main Street Specific Plan.
While he wanted to be sensitive to the business and not charge them $500 he also
wanted to be sensitive to the residents.
MOTION by Yost; SECOND by law to approve Resolution No. 97-48, thus approving
Conditional Use Permit 97-10, allowing two (2) billiard tables at the Shorehouse Cafe
and subject to an initial review at six months, the last-callllast-game at 1 :30 a.m. and the
effective date of CUP 97-10 being the approval date of ZTA 97-5.
MOTION CARRIED:
AYES:
NOES:
4-1-0
Yost, law, Brown, Hood
larson
The Chair indicated he wanted to open the continued Public Hearing and then close it.
Mr. Barrow said the applicant could come up and withdraw his prior request application.
Joe Goveia stated that he has withdrawn their prior request.
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City of Seal Beach Planning Commission Minutes. December 3, 1997
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6.
General Plan Amendment 97-3
Zone Change 97-1
[Continued from November 5, 1997]
901, 941, 1001 - 1085 Pacific Coast Highway
Staff Report
Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for
inspedion]. The applicant, the City of Seal Beach, requests permission to rezone
portions of an existing retail shopping center (Seal Beach Center) specifically the
Unocal service station (901 Pacific Coast Highway) and the Seal Beach Car Wash (941
Pacific Coast Highway). The proposed GPAJZC will affect only the Unocal service
station and the Seal Beach Car Wash by placing those uses into a conforming zoning
classification. The remainder of the shopping center will remain in the existing C-1
zoning designation. Staff recommended approval.
Mr. Curtis indicated staff received letters in opposition to this application before the last
meeting but has received none since.
Commission Questions to Staff
Commissioner Yost asked if the owner of the car wash and the owner of the service
. station were the same owner?
Mr. Curtis said no, there are two separate owners.
Commissioner Yost if the car wash has expressed any interest in remodeling?
Mr. Curtis said yes. The owner spoke to staff about five years ago about remodeling
and staff told me he couldn't remodel. Staff spoke to him again about a month ago on a
different issue. He appeared receptive to the thought of making amendments to the car
wash however there are no plans or applications before the City at this time.
Commissioner Yost said with regard to plans that the Planning Department puts forth for
the City as a whole, one suggestion was made to make the Hill area closer to the Old
Town area. To somehow bring them closer via landscaping, by extending Main Street
across PCH to Bolsa Avenue. If the Commission leaves the center C-2 that may be
more difficult to do. Has staff considered this? He indicated he has no reservations
about the service station being zoned C-2 but he did have problems with the car wash
being zoned C-2.
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Mr. Curtis said yes, staff has looked at the potential of the car wash going away but
feels this isn't likely. Staff feels that based on discussions with the current owner the
possibility of the site being modernized is a greater possibility. Amending the Main
Street Specific Plan would have to be done to achieve a greater closeness and he was
not certain this could be done with an overlay or if the center would need to be
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City of Seal Beach Planning Commission Minutes · December 3. 1997
completely re-zoned as Main Street Specific Plan. Mr. Whittenberg said what has been
discussed is paving treatments for the Main Street area and landscaping treatments for
the south side of Pacific Coast Highway. These are being looked at to carry over thru
the intersection at PCH to the north side. There would not be any changes to
development standards on the private property. It would just be public property
improvements - landscaping, pavement treatments on the public sidewalk area.
Commissioner Yost said it would make it appear to be one city, as opposed to Marina
Hill and Old Town.
Mr. Whittenberg said one of the hopes was to tie the areas together via common
landscaping.
Commissioner Yost asked if there were any way to allow the car wash to remodel and
leave it in a C-1 zone?
Mr. Whittenberg said under the non-conforming sections of the municipal code, you
allow for certain additions/remodels to non-conforming residential structures. This is not
allowed for commercial properties. The City could consider amending the non-
conforming provisions of the code to address this issue. But staff feels it's more
appropriate to try to deal with the underlying zoning issue as opposed to creating an
exception to a single non-conforming land use. This would almost be granting a
Variance for somebody to do something that other non-conforming commercial
properties are not allowed to do. You could structure a non-conforming section to do
that but if someone were to challenge it, it may not be upheld because most courts
would look at that as the grant of a special privilege for a special use.
Commissioner Yost said the concern is that car wash is pretty far into the residential
area with residences right behind it and in close proximity to it. If it were planning to be
upscaled to a nice facility with a restaurant that would be fine. But he was hesitant to
see it granted a C-2 zone without first seeing plans.
Commissioner Hood had no comments.
Commissioner Larson asked if when the zoning was set in place was the gas station
and the car wash there?
Mr. Curtis said he thought the zoning was already in place when the car wash and gas
station were built in the 1960's. He was not sure how they were built in the C-1 zone;
staff has been unable to find that information in City records. Staff found building
permits and a CUP for the gas station and the car wash. The CUP does not mention
these facilities as being non-conforming.
Chairman Brown said he does not have a problem with this but could understand the
concerns with the car wash. One way to split this would be to change the gas station
and leave the car wash with the promise/carrot to the property owner to say bring us a
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City of Seal Beach Planning Commission Minutes · December 3, 1997
plan to remodel and if we like it, we'll change the zoning. That might be better than
leaving yourself wide open to change the zoning and letting anything in there. He would
support that.
Public Hearino
The following persons spoke in opposition to this application:
David Rosenman * 8th Street. Seal Beach
Mr. Rosenman said this is another case of "If it ain't broke, don't fix if. He supported
Commissioner Yost's and Chairman Brown's remarks. He said we shouldn't make a
problem for ourselves that we can't anticipate. The Minutes will reflect a willingness of
the Planning Commission to consider the car wash if there's a viable plan. In that way,
you haven't opened yourself up for something when you have no idea what you could
get.
Rosemarv Shock * Balboa Drive. Seal Beach
Ms. Shock said she agreed with the comments on the gas station and didn't agree with
changing the zoning on the car wash. She noted the owner of the car wash was not
present tonight. Not knowing what might happen to the car was is disconcerting but
modernizing would be good. She questioned what changes would happen to the gas
station, asking if the hours of operation would change.
Mr. Curtis said there would be no changes in hours of operation. They are bound by the
same conditions they currently have. If their zoning were changed, it would allow them
to improve the property if they wanted to.
There were no other persons wanting to speak and the Chair closed the Public Hearing.
Commission Deliberation
Commissioner Yost said he had already made his comments.
Commissioner Larson commented that for some reason, when the original zoning
ordinance was adopted, the car wash was put in a more restrictive zone than other
areas along PCH. He saw nothing that says we should change that without an overall
review of all those zones. It sounded to him as though the Commission were saying,
"We don't like the zoning-. If this looks like spot zoning, what's to prevent somebody
from coming and saying "Look you've got this comer that's C-2, I just want to move over
100' for my C-2-. You're taking a C-1 parcel that's separate and distinct with roads on
all borders and down one-third of it you're making a heavy-duty zone and he didn't see
why the Commission should do it.
Chairman Brown said he thought staff's feeling was that it already is a C-2 zone.
Commissioner Yost said it's a huge piece of property with several mini roads that run
through it. It is easily dividable. If you look at the properties that are along PCH,
especially the service station, it is a C-2 zone. But if you look at the rest of it as Service-
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Commercial, which it really is, that's a totally different piece of property. On top of the
fact that it's about 150 - 200 yards away, much closer to McGaugh School and the
residences back there. Given how small the normal parcels of property are within Seal
Beach, you could say that property could and probably should be divided.
Mr. Curtis added that staff looked at the existing C-2 zoning along PCH. There's a C-2
parcel with 350' - 400' of frontage at Sltl Street and PCH. It backs up to within 35' of
low-density residential uses. Staff looked for a history of complaints there and there
were none. This shopping center is about three times that distance from the closest
residence. The proximity to low density residential was not a concern to staff. Allowing
the car wash particularly to be modernized would out-weigh the existing conditions.
Staff also considered the issue of spot zoning, and had concerns of re-zoning piece by
piece, parcel by parcel- that could be considered spot zoning. That's one reason staff
is trying to consider these two parcels together.
Commissioner Larson asked if the gas station and car wash were there when the
zoning was adopted, there must have been recognition that eventually they would
become non-conforming, go away and eventually there would be a conforming use.
We don't know whether this was the case.
Mr. Curtis agreed, saying all the records are on microfiche and staff could go back
through all those records and come back to the Commission with that information at the
next meeting.
Chairman Brown asked what zoning is on the American Savings Bank?
Mr. Curtis replied it is C-2. The other two corners are C-2 also.
Mr. Whittenberg said those are now Main Street Specific Plan zones. They were C-2
prior to the adoption of the Main Street Specific Plan. It allows service stations at those
locations through a CUP. Staff's main concern, particularly for the service station, is
you have a use that is legal non-conforming and cannot upgrade the facility under the
current zoning. Staff feels there needs to be the flexibility to allow service stations to
respond to new markets, which will become available. There will soon be attempts to
put in electric vehicle charging stations, C and G fueling facilities for alternative fuel
vehicles. There would be precluded from that station because of its zoning. That
corner should be in the C-2 zone to accurately reflect the land use of the parcel. Staff
understands the Commission's concern regarding the car wash site and staff would not
object to that area being deleted from the request at this time.
Commissioner Yost asked staff what are the differences between the Main Street
Specific Plan provisions and the C-1 zoning provisions of the gas station under
consideration.
Mr. Whittenberg said a CUP is required to make changes to the facilities. The Main
Street Specific Plan was not envisioned to encompass land uses north of PCH. It's
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City of Seal Beach Planning Commission Minutes * December 3, 1997
basically a coastal strip area that was envisioned for the Plan. There is a totally
different range of goals for Main Street than for properties along PCH.
Chairman Brown asked what was the reason for incorporating the gas stations?
Mr. Whittenberg answered staff wanted to be able to make signage changes to tell
people they're entering into the downtown area. That could not have been done under
the C-2 zone.
Chairman Brown asked if the gas station in the C-1 zone could upgrade their pumps?
Mr. Whittenberg said yes, they can replace pumps with newer pieces of equipment but
they could not increase the number of pumps, they could not increase the covered
areas of the pump islands, they could not come in and add to the existing size of the
service station building, they could not get permits to add alternative fuel systems.
Commissioner Larson said auto repair and a tire center are permitted in the C-2 zone
without a CUP. If this is changed, they should become a garage.
Chairman Brown said this should be addressed in Commission Concerns because there
are a lot of uses that don't make sense. Why is a hospital zone in a less restrictive
zone? Why isn't that C-2. Why are we doing this is a good question.
Mr. Curtis said it started with a request for billiards at a restaurant. A couple of years
ago staff did get requests from both the car wash and service station and had to tell
them they couldn't be accommodated. The application for the billiards triggered staff's
memory to include the gas station site and the car wash site. They haven't been before
the Commission because they couldn't apply for changes at that time.
Commissioner Yost said all the gas stations should play by the same rules if they're
within SO' of each other. We should think about that and come back with a proposal.
He'd also like to apply the same argument they made for the car wash - since we don't
have a set of plans before us as to what this particular service station would like to do,
perhaps we should defer this until we know what they want to do. He didn't see any
reason to consider it at this point unless we have something to look at.
Mr. Whittenberg said that would be a choice the Planning Commission has. He did
indicate that the idea of playing by the same rules would not apply to this service station
because this station cannot do things that the service stations on the other side of PCH
could do because of the zoning restrictions. They are restricted to what they have now.
Commissioner Yost recommended deferring this until the Commission has something to
look at.
Chairman Brown said if he were a businessman and were going to pay money for plans,
I wouldn't want to spend $5,000 to $10,000 in architect fees if he's not sure he's going
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city ot Seal Beach Planning Commission Minutes. December 3, 1997
. to get approval to build in the end. With the car wash that's fair because that's a major
project. But with the service station, we can ask why are we doing this? On the other
hand, part of our charge, as a Planning Commission is to plan and to be pro-active and
not reactive. We could wait until they come to us, but we can also look at the land use
issues. We can say this is the busiest intersection in the City, that is the most
commercial property in the City. It's not bad to be pro-active and say "This is the
appropriate zoning for this and we'll allow you to upgrade without coming to us _
without the knowledge of whether you can do that or nOr.
Commissioner Yost said he wanted to be sure that the upgrade is consistent with what's
on the other side of the street. He'd like to see this be one city, not Old Town and the
Hill across the way. He'd like to see the Planning Commission be pro-active on this.
The decision the Commission makes tonight with regard to this is going to lead the City
in that direction.
Commissioner Hood asked Commissioner Yost if he was recommending the Planning
Commission do anything tonight?
Commissioner Yost said that after listening to the deliberations he was recommending
that the Commission do nothing tonight.
.
Commissioner Hood asked Mr. Barrow what would be the effect if one were to move the
Agenda, get on with the Agenda and drop what we're doing? Taking no action
whatsoever.
Mr. Barrow answered that can be accomplished in a number of different ways. Moving
the Agenda is typically used to end the meeting right now.
Commissioner Hood disagreed, saying it means to move to the next item on the
Agenda, and to drop this item, not to touch it, not to vote for it and not to vote against it
and not to postpone it. To move the Agenda - which means the Commission is
through with this item and is not going to touch it.
Mr. Barrow agreed, saying the Commission could make that motion and the
Commission would go on to the next item.
Commissioner Hood indicated the effect would be that the Commission's discussion
would be recorded, but there would be no motion on the floor and no motion recorded
and no action taken.
Mr. Barrow agreed, noting that since there's no applicant other than the City, no due
process rights are involved. You could make that motion.
.
Commissioner Hood asked the Chair if this would mean the meeting could continue and
the Commission could come back to this at a later time if there were applications for
remodeling?
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city of Seal Beach Planning Commission Minutes. December 3, 1997
Chairman Brown said he didn't see any reason to do it. He thought they could make a
decision tonight - take an action or not take an action. He would be concerned about
leaving a meeting open-ended to some future time. He didn't see a reason not to act.
Commissioner Yost said he personally felt this deserves more work. He would like to
see the service station be consistent with what's across the street. That the
landscaping be consistent. It would make the area a nicer place to be in. It would invite
people to walk across the street. It deserves more work to figure out how to do that. In
that way, he felt this should be denied and has it come back in the future in a different
form.
MOTION by Yost; SECOND by Hood to approve Resolution No. 97-49, thus denying
General Plan Amendment 97-3 and Zone Change 97-1.
7. Conditional Use Permit 97-12
320 Central Avenue
Staff Report
Mr. Curtis presented the staff report. [Staff report on file in the Planning Department for
inspection]. The applicant was architect Brent Sears representing property owner, Dan
Mundy. The request was to execute a major addition/remodel to a non-conforming
single family residence at 320 Central Avenue. The property is non-conforming due to
inadequate side and rear yard setbacks of an existing detached garage. The proposal
includes the addition of 188 square feet on the ground floor for a new dining room, and
a second story addition of 1308 square feet to include three bedrooms, two bathrooms
and a laundry area. No correspondence or telephone calls were received on this item.
Commission Questions to Staff
Chairman Brown asked why this was a CUP instead of a Variance?
Mr. Curtis said the only application coming to the Commission as a Variance was for the
addition at 1619 Seal Way. The reason for that was the property had no garage and
couldn't have a garage. The Code requires these matters be accomplished via a CUP.
Commissioner Larson asked if staff had explained to the applicant that if he complied
with the law he wouldn't have to be here?
Mr. Curtis said he discussed the matter with the architect and because the lots are so
small and the 19' garage that could be built on these lots, the applicant preferred to
keep the garage where it is and maximize the size of the house to the greatest extent
possible. It is allowable under the Code. Staff thinks since the garage is being rebuilt to
such an extent the Commission should be aware of it and may consider the fact of
bringing it into conformity.
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City of Seal Beach Planning Commission Minutes. December 3, 1997
. Public Hearina
Dan Mundv * 320 Central Avenue. Seal Beach
Mr. Mundy said the house is fifty years old. He didn't realize a problem existed in the 25
years he has owned the property. He'd like to save the money and not tear the garage
down and build it one foot over the other way. Regarding the two setbacks, the garage
is in the back comer. The property is unique because the alley is on an angle.
No other persons wished to speak and the Chairman closed the Public Hearing.
Commission Deliberations
Commissioner Hood said he was in favor of this proposal.
Commissioners Law and Larson said they had no problems with the proposal.
MOTION by Hood; SECOND by Yost to approve Resolution 97-50, thus approving
Conditional Use Permit 97-12 for 320 Central Avenue.
MOTION CARRIED:
AYES:
5-0-0
Hood, Yost, law, larson, Brown
.
The Director advised the Commission's action is final tonight and begins a ten calendar-
day appeal period.
8. Negative Declaration 97-4
Circulation Element Amendment 97-2 to General Plan Street Vacation
Staff Report
Mr. Whittenberg delivered the staff report. [Staff report on file in the Planning
Department for inspection]. The applicant, the City of Seal Beach, requests to amend
the Circulation Element of the City's General Plan to eliminate a proposed principal
future roadway connecting Westminster Avenue to Adolfo Lopez Drive. The property
for the future principal roadway right-of-way has been previously dedicated to the City
but has never been used. With the recent approval of the Hellman Ranch Specific Plan
no road is needed. The property is located between the los Alamitos Flood Control
Basin and the Boeing Space and Defense facilities, west of Seal Beach Boulevard.
Commission Questions to Staff
Commissioner Law asked if they would never make a road along the river?
Mr. Whittenberg said that area would be a restored wetland area.
.
Commissioner larson asked if there was consideration of making Lopez Drive an
access to the driving range?
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City of Seal Beach Planning Commission Minutes. December 3, 1997
Mr. Whittenberg explained Lopez Drive would be used to provide access to the golf
course itself. This proposed roadway be from Lopez Drive north to Westminster
Avenue.
Commissioner Law said she likes this idea because all the traffic won't be dumped onto
Seal Beach Boulevard, there will be another way to go.
Mr. Whittenberg said there's nothing to dump onto Westminster Avenue. The traffic is
the existing traffic from Police Department services and the industrial use just north of
that area. It's a City-owned right-of-way at this time and the City would pay for this. The
City has not seen the necessity to improve that road because there's never been
development occurring that would require that. When it was required for dedication it
was part of the City's approval in the mid-1980's for a 773-unit housing project on the
Hellman property. The recent approval for the Hellman site is for 70 homes. Staff
doesn't see the demand for that roadway to be built under the current plans.
Commission Questions to Staff
There were no questions to staff.
Public Hearina
There were no persons wishing to speak and the Chairman closed the Public Hearing.
Commission Deliberations
MOTION by Hood; SECOND by Yost to approve Resolution No. 97-51, thus approving
Negative Declaration 97-4 for Circulation Element Amendment 97-2 to General Plan
Street Vacation.
MOTION CARRIED:
AYES:
5-0-0
Hood, Yost, Law, Larson, Brown
STAFF CONCERNS
Director Whittenberg reminded the Commission there is a meeting scheduled for
December 17th. Commissioners Law and Hood said they would not attend that
meeting.
COMMISSION CONCERNS
Commissioner Hood said on January 17th he would be in Greece on business.
Commissioner Larson said he would like to review the commercial zoning uses in April
or May 1998. Chairman Brown agreed and directed staff to review these. Staff said
this will be done and scheduled for approximately April or May.
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Chairman Brown said he had a letter from Bill and Gail Ayres regarding a "For Renr
sign at the old City Hall on Central Avenue and 8th Street. The felt it is too big.
Mr. \Nhittenberg said the property is part of the Main Street Specific Plan zone and the
size requirements ~rtain to that site. Staff willloak at the "For Rent- sign and make
sure it complies with Code requirements. They can have a "For Rent- sign there as
long as the property is available for rent.
Chairman Brown asked for an update of the sand.
Mr. Whittenberg said some sand has been delivered. Other sand is sitting in rail cars at
the Naval Weapons Station waiting to be moved down and unloaded. Whenever there's
a ship in the Naval Weapons Station no activities can occur. Staff is hearing that as the
tensions continue to escalate regarding the Navy's situation, they are starting to bring
more ships in for armament purposes. It's not as easy as the City had hoped to be able
to work with the sand while those activities are going on. Everything is in place but the
City has to wait for the proper authority. He didn't know how many days it would take to
move the sand. The City is not anticipating completion until mid-January.
ADJOURNMENT
The meeting was adjourned at 9:05 p.m.
Respectfully Submitted,
7
C4c~)
Joan Fillmann
Executive Secretary
Planning Department
--::.
APPROVAL: "'e Planning Commission on December 17, 1997 approved The
Planning Commission Minutes of December 3, 1997. ~
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