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HomeMy WebLinkAboutPC Min 1998-11-04 . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for NOVEMBER 4, 1998 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA 90740 Next Resolution: 98-35 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 Meeting Minutes of October 21, 1998 VI. SCHEDULED MATTERS 2. Plan Review 98-7 Address: Applicant: [Continued from 10/21/98] 51 Riversea Road Bruce Grossman Request: To construct a second-story cabana at an existing mobile home wIthin the Seal Beach Trailer Park. Recommendation: Approval, through the adoption of Resolution No. 98- _' subject to Conditions of Approval. '. City of Seal Beach Planning Commission * Agenda of November 4, 1998 . 3. Plan Review 98-8 Address: Applicant: Property Owner: Request: [Continued from 10/21/98] 1631 Seal Way Konstro Design Humphrey Laurent To allow a second-story deck and a roof deck at "Unit D", the second story unit. Recommendation: Approval, through the adoption of Resolution No. 98- _' subject to Conditions of Approval. 4. Status Report re Anaheim Bay Villas 1 General Plan Amendment 98-1 Zone Change 98-1 Variance 98-5 Address: 321 Seal Beach Boulevard Applicant: Dave Bartlett & Associates Property Owner: Ellen G. Musso, et al Request: To demolish existing commercial structures and construct nine (9) single family, two-story, zero lot line residences. VII. PUBLIC HEARINGS 5. Status Report re Revocation of Variance 87_22 . 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 nonconfonning commercial/residential structure to create a 100% commercial use, without bringing the property into confonnance with then-current zoning. 6. Bixby Old Ranch Towne Center [Continued from 10/21/98] o Certification of Final EIR o General Plan Amendment 98-1 to: Land Use, Open Space/Conservalion/Recreatlon, Bicycle Route, Housing, Circulation and Noise elements o Zone Change 98-1 o Tentative Parcel Map No. 97-165 o Tentative Tract Map No. 15767 o Development Agreement . 1 Planning Commission Meeting of September 23, 1998 2 Planning Commission Meeting of October 7, 1998 2 . . . City of Seal Beach Planning Commission * Agenda of November 4, 1998 Address: Applicant: Property Owner: Request: Land Use Desianation R_G3 C_24 PLU5 TOTALS: Recommendation: 3900 and 3901 Lampson Avenue Old Ranch Golf Course and Tennis Club Bixby Ranch Company Bixby Ranch Company Consideration of the proposed mixed-use project consisting of commercial, recreational, institutional and open space uses as submitted by the applicant. General Plan amendment 98-1 proposes modifications to the Land Use, Open Space/Conservation/Recreation, Bicycle Route, Housing, Circulation, and Noise Elements. The site is approximately 218 acres in size with the following allocation of existing and proposed General Plan and Zoning designations: Existing General Plan Existing Zonina Proposed General Plan/Zonina 203.01 acres 15.3 acres o 0 acres 218.31 acres 196.31 acres 22.0 acres 0.0 acres 218.31 acres 158.00 acres 33.97 acres 27.24 acres 218.31 acres Approval through the adoption of Resolutions Nos.: 98-_ for Certification of Final EIR 98-_ for General Plan Amendment 98-1 98-_ for Zone Change 98-1 98-_ for Tentative Parcel Map No. 97-165 98-_ for Tentative Tract Map No. 15767 98-_ for Development Agreement 7. Conditional Use Permit 98-15 Address: Southeast Corner of Lampson Ave. & Seal Beach Blvd. Applicant: Marriott Senior living Services Property Owner: Bixby Ranch Company Request: Recommendation: 3 Recreation/Golf 4 General Commercial 5 Public Land Use Consider building a 3-story and a 1-story structure to house a 160-bed facility (90-bed assisted living, 25-bed Alzheimer's Care, 45-bed Skilled Nursing). This project has been analyzed as a component of the Bixby Old Ranch Towne Center EIR. Pleasure of the Planning Commission 3 City of Seal Beach Planning Commission * Agenda of November 4, 1998 . VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT . . 4 . JAN 06 JAN 20 FEB 03 FEB 17 MAR 03 MAR 17 APR 07 APR 21 MAY 05 MAY 19 JUN 09 JUN 23 JUL 07 JUL 21 AUG 04 . AUG18 SEP 08 SEP 22 OCT 06 OCT 20 NOV 03 NOV 17 DEC 08 DEC 22 Calendar: . City of Seal Beach Planning Commission * Agenda of November 4, 1998 1999 Agenda Forecast 12147 S.B.B. * Seal Beach Market * Review #47;Sales began 2-10-98. CUP 98-8 * 12161 S.B.B.* Champs Drive Thru Window @ 12 mos. And Beyond... April 2001: CUP 98-6 @ 12147 Seal Beach Boulevard (Yucatan Grill) Review ADA handicapped-accessible restroom (36 months from April 1998). 6 . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of NOVEMBER 4, 1998 Chairman Brown called the regularly scheduled Planning Commission meeting of November 4, 1998 to order at 7:30 p.m. The meeting was held in the City Council Chambers and began with the Salute to the Flag. ROLL CALL Present: Chairman Brown Commissioners Cutuli, Hood, Larson, Lyon Also Present: Department of Development Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Absent: Joan Fillmann, Executive Secretary AGENDA APPROVAL . Commissioner Hood asked staff for an estimate on how long items #2, #3 and #4 would take? Mr. Whittenberg estimated 15 - 20 minutes per item. Mr. Steele said the Commission determined to continue item #5. MOTION by Larson; SECOND by Hood to approve the Agenda with the continuation of item #5. MOTION CARRIED: AYES: 5-0 Larson, Hood, Brown, Lyon, Cutuli ORAL COMMUNICATIONS There were no oral communications. CONSENT CALENDAR MOTION by Hood; SECOND by Larson to approve the Consent Calendar as presented: 1. Planning Commission Meeting Minutes of October 21, 1998. . MOTION CARRIED: AYES: 5-0 Larson, Hood, Brown, Lyon, Cutuli 1 City of Seal Beach Planning Commission · Minutes November 4, 1998 . SCHEDULED MATTERS 2. Plan Review 98-7 [Continued from 10/21/98] 51 Riversea Road Staff Report Mr. Whittenberg delivered a supplemental staff report. [Staff report on file in the Planning Department for inspection]. The Director explained Plan Review 98-7 was considered at a Public Hearing at the Commission's October 21 st meeting. During the discussion the Commission had a number of questions that they asked staff to research and bring back. The two issues were: o In previous Trailer Park approvals, did the Commission require the maintenance of the 3' side yard separation from the trailer space lines? o Estimated cost of relocating the existing trailer and cabana to comply with the 3' side yard setback. . Regarding prior Commission approvals, staff research found three proposals during the time the City has utilized the trailer space lines for determination of setbacks. Two of the three projects were approved. Both had specific conditions from the Commission requiring the maintenance of the 3' side yard setback. One application was withdrawn. Regarding relocation costs, staff called a number of firms that specialized in relocating trailers within trailer parks in this area. One of those firms inspected this location and gave a cost of $800 to $1000 to relocate the cabana and trailer to meet the setbacks. Staff requested this company FAX their estimate to City Hall but it has not be received yet. Staff is still recommending approval of the project as set for in the original recommendation. This would require the existing cabana and trailer to be relocated from the existing 4" setback from the trailer space line on the south side to meet the 3' requirement. Staff received three letters regarding this application and they have been provided to the Commission. They are from: o Robert & Sherri Diaz, 50 Riversea Road o Seal Beach Trailer Park management o Melody Michelle, 52 Riversea Road . The general concern from all the letter writers is that the setback requirement should be met and maintained. 2 City of Seal Beach Planning Commission * Minutes November 4, 1998 . Commission Questions Commissioner Hood said the letters reference a 10' easement and a 3' easement. He asked staff to explain the 10' easement. Mr. Whittenberg said the 10' easement is an easement across the back of the property which abuts the river channel. This is the slope easement for the levy for the river channel. This unit does not have any structures within that slope area. This letter may have been sent out to all the residents along the river channel itself because over the years it has become an on-going issue between the flood control district and various Park residents. The Chairman asked if staff was changing any of its recommendations or conditions? Mr. Whittenberg said no. Commissioner Larson said Mr. and Mrs. Diaz' letter says the applicant's shed is encroaching on their space. He asked for clarification. . Mr. Whittenberg said the Diaz' are saying the applicant's shed actually encroaches into the boundary of their trailer space. Staff is recommending the shed be moved if it's encroaching. The storage shed itself could be right on the boundary of the property. Staff feels the trailer and cabana must be set back from the trailer space line 3' on each side. Commission Deliberations MOTION by Cutuli; SECOND by Hood to approve Resolution No. 98-35, to approve Plan Review 98-7 subject to Conditions of Approval as set forth in the staff report. MOTION CARRIED: AYES: NOES: 4-1 Cutuli, Hood, Lyon, Brown Larson Appeal to City Council Mr. Steele advised that the Commission's action is final and the ten-calendar-day appeal period to the City Council begins tomorrow morning. Mr. Whittenberg advised the applicant that if he wishes to talk about the appeal process he should telephone him during the day tomorrow. . 3 City of Seal Beach Planning Commission · Minutes November 4, 1998 . 3. Plan Review 98-8 [Continued from 10/21/98] 1631 Seal Way Staff Report Mr. Whittenberg presented a supplemental staff report. [Staff report on file in the Planning Department for inspection]. The applicant, Konstro Design for property owner Humphrey Laurent, requested permission to build a second-story deck and a roof deck at Unit 0, a second-story unit. Mr. Whittenberg explained this matter was continued at the October 21, 1998, at the Commission's request to address four issues of concem: Q Were the plans drawn incorrectly? o Was the water heater located in the required side yard area? Q A further description of any other non-conforming situations that were not identified in the initial staff report. o A general discussion of the ability to expand a non-conforming use. . The application has been amended to not decrease the four units to three units and to only request decks. Staff feels the plans are sufficient to make a determination of where the balcony should be and where the proposed roof deck should be. The interior modifications are not part of this application. The water heater is not within the required side yard area. Even if it were, the municipal Code does allow encroachments into side yards for those type structures, as long as there's a minimum 2' side yard. On this site, on the east side of the property there is a 5'1" side yard setback and the water heater structure is in line with that apartment building line. On the west side of the building, the building is within 32" of the setback and there should be a 36" setback. The stairway to the second level is within that setback. In looking back at the property, staff feels it correctly described all the existing non-conforming situations on the site. The staff provides a general summary of how the City got into its current position regarding expansions, additions and alterations to existing non-conforming structures. . Staff is recommending approval of the request. As previously indicated, based on concems from adjacent residents regarding the roof deck extending out to the front of the property, staff is recommending the roof deck be allowed to extend only the minimum area to allow the stairway going from the second-story balcony to the roof deck and a required landing in accordance with UBC regulations. The remaining portions of the deck should be flush with the front of the existing apartment building itself. 4 .' . . City of Seal Beach Planning Commission * Minutes November 4, 1998 Commission Questions Commissioner Hood asked about Condition of Approval #1, limiting the roof deck's extension. How much area is involved? Mr. Whittenberg said approximately 10 feet to accommodate a 4' circular stairway that goes up to the second level. This would not encroach onto the sidewalk, it's encroaching up to the front property line. It will not overhang the property line. Commissioner Cutuli asked if the stairway could be built without any overhang? The stairway could let out onto the roof, facing the rear of the property. Mr. Whittenberg said that might be possible, it would depend on the height of the stairway and the orientation of the step from the balcony to the top level. Commission Deliberation Chairman Brown said the municipal Code pretty clearly allows this to be done. It is a non-conforming structure and, as always, the Commission likes to bring structures into conformance wherever possible and at least, not to exacerbate a non-conforming situation. This does not do that. MOTION by Brown; SECOND by Hood to approve Resolution No. 98-36, thus approving Plan Review 98-8, subject to Conditions of Approval as set forth in the staff report. MOTION CARRIED: AYES: NOES: 4-1 Brown, Hood, Cutuli, Lyon Larson Appeal to City Council Mr. Steele advised the Commission's decision is now final and the ten-calendar- day appeal period would begin tomorrow morning. 4. Status Report re Anaheim Bay Villas 321 Seal Beach Boulevard Staff Report Mr. Whittenberg explained the Commission had considered General Plan Amendment 98-1, Zone Change 98-1 and Variance 98-1 for 321 Seal Beach Boulevard at a Public Hearing a few weeks ago. The Commission decided the application was not appropriate for consideration of a General Plan amendment. At the time the Commission deliberated on the resolutions for denial, the 5 . City of Seal Beach Planning Commission * Minutes November 4, 1998 Commission opted to refer the matter to the City Council and ask for direction. The Commission asked if, prior to looking again at this particular project, should the review be expanded to include an evaluation of Seal Beach Boulevard from Pacific Coast Highway to Electric Avenue. The City Council considered this request. It directed the Planning Commission to proceed to evaluate this project and then, once done, if the Commission feels something still needs to be worked out for the remaining portions of Seal Beach Boulevard, to forward that recommendation on the Council. Since that time, the applicant has indicated they want to redesign the project to try to address some of the concerns the Commission and the public expressed. Therefore, staff is suggesting the Commission table this matter. Allow the applicant to redesign his plan. Mr. Bartlett has indicated those plans could be ready by the end of this week. Commission Questions Commissioner Larson asked if Mr. Bartlett amends the previous submittal, isn't that a new application? . Mr. Whittenberg said it would be the old application, just an amended plan. Staff would re-advertise and re-Notice the amended plan. It would need another Public Hearing before the Commission. Responding to a Commission comment, Mr. Whittenberg explained it needs to be tabled until staff can schedule a Public Hearing, otherwise the Commission would have to continue this hearing to a specific date. Commissioner Cutuli asked about the issue of reviewing the General Plan, to be studied, allowing public input. Has this idea been scrapped? Mr. Whittenberg said there are two different aspects. The City Council instructed staff that if the applicant does resubmit a plan, when staff re-Notices the Public Hearing to expand the notification area beyond the 300' radius around the site. The Notice must include all persons on Seal Beach Boulevard and the east side of 17th Street to Electric Avenue. If the Commission recommends the Council look at the rest of Seal Beach Boulevard, and if the Council concurs, there would need to be another re-Notice of that Public Hearing. MOTION by Lyon; SECOND by Hood to table consideration of the Anaheim Bay Villas project proposal until revised plans are submitted. . MOTION CARRIED: AYES: 5-0 Lyon, Hood, Cutuli, Brown, Larson 6 City of Seal Beach Planning Commission * Minutes November 4. 1998 . 5. Status Report re Revocation of Variance87-2 222 Main Street * Howard Brief Chairman Brown indicated item #5 has been continued by action of the Planning Commission for one year. 6. Bixby Old Ranch Towne Center [Continued from 10/21/98. 11/4/98] Staff Report Mr. Whittenberg informed the Commission on correspondence received from Joe Siler, regarding fiscal impacts of the Bixby proposal; letter provided to the Commissioners. Mr. Whittenberg said the Planning Commission held a Public Hearing on the Bixby Old Ranch Towne Center on Wednesday, October 21, 1998 and took public testimony. The Commission continued the meeting to November 4th to allow persons who were not at the October 21 sl meeting to testify. . Commission Questions The Commission had no questions for staff. Public Hearina The Chairman reopened the Public Hearing. He advised those present that if they had testified at a prior meeting they were being asked not to speak again at this meeting unless they have additional or new information. The following twenty-five persons spoke on the proposed Bixby Old Ranch Towne Center: Carol Ramsair * Colleae Park East. Seal Beach Ms. Ramsair said over the years the Rossmoor Center has changed. Viable stores have now gone out of business and many shops are empty. Some are replaced with offices. which do not generate sales taxes. She asked the Commission to consider the fact that the proposed Bixby project could likewise become an office area and not produce tax revenue. She asked the Commission to consider a residential plan. Philip Chaperson * 3670 Aster Street. Seal Beach Mr. Chaperson said he felt the proposed commercial development would generate too much traffic and lower area property values. He noted this project would destroy the beautiful Eucalyptus trees. The Rossmoor Center is half full. . Why put up this center when we already have 9 regional shopping centers in the 7 City of Seal Beach Planning Commission * Minutes November 4, 1998 . area? He urged the Commission to approve an upscale, mixed-use plan on that site. Ann New * 4856 Fir Avenue. Seal Beach Ms. New said the proposed project would produce abnormal levels of carbon monoxide for eight hours each day and the Planning Commission needs to research this impact on fetuses, children, women etc. She said the commercial project would decrease property values. John Unrath * 4649 Doowood Avenue, Seal Beach Mr. Unrath spoke against commercial development and mixed use development, saying there is a third alternative for development on this site, no change. He said College Park East would be best represented by a refusal to change the zoning, as it would preserve the golf course and the Eucalyptus trees. "We'll deal with the remaining 22 acres when the time comes". . Bob Bollino * Hazelnut Avenue. Seal Beach Mr. Bolling said it's obvious that Bixby's plan is not what the residents of Rossmoor or College Park East want. A large portion of College Park East does not favor the mixed-use plan or golf course homes. The present plan is not desirable, the mixed-use, as previously presented, was not desirable. He suggested if Bixby were to work with the City they might come up with an acceptable alternative. Paul Rothman * Cherry Street. Rossmoor Hiohlands * Los Alamitos Mr. Rothman said this Bixby Towne Center plan should be killed because it's detrimental to the entire area. He said not changing the zoning might be unrealistic but said the Hellman Ranch golf course would probably not want to be commercial either. John McBerrv * 4856 Hazelnut Avenue, Seal Beach Mr. McBerry expressed concern about driveway openings on Lampson Avenue. He said the traffic is so bad now that it's more convenient for his family to shop in Garden Grove. Changing the zoning would be an abomination and doesn't make sense. t Dorothy Olley * 4616 Fir Avenue, Seal Beach Ms. Olley spoke against the commercial plan. She said the 405 Freeway, Los Alamitos Blvd. and Seal Beach Boulevard surround College Park East. All of these streets are very busy. If the proposed commercial project is built it will create more traffic on Seal Beach Boulevard and Lampson Avenue, neither of which can be widened to carry more traffic. Lampson Avenue has already had three traffic-related deaths. All of the people living on Lampson Avenue are in harm's way from other cars going by. She noted another large commercial center is ready to open at the 605 Freeway/Carson. This will take many 8 City of Seal Beach Planning Commission * Minutes November 4, 1998 . customers away from this area. The Rossmoor Center has many closed stores and being an older shopping center it is not planned out as well as the newer center. A newer center across the street would result in the Rossmoor Center's being totally vacated. Frank Laszlo * Colleqe Park East. Seal Beach Mr. Laszlo said he had been a Councilperson from College Park East for four terms and was very familiar with this project. Mr. Laszlo noted the proposed church is in a crash zone, urged the Commission to reduce the size of the commercial development, and redesign the freeway access to reduce commercial use at Lampson Ave.lSeal Beach Boulevard. He said if Bixby would work with the citizens and the Councilmen, and not "with this small group of pro- development that would like to see the housing there", perhaps something could be accomplished. . "I also want to mention the fact that this project has been before the City numerous times. I can remember the time when Lee Whittenberg scheduled meetings in Rossmoor Center... on this particular project. And Bixby would not bend as far as the housing goes... and so the Council agreed to stop... holding those environmental hearings at the center. And so, this project was put on hold and then came back again before us somewhere around 1994. And as I said, the Planning Commission refused to certify the project. This is the same project, with only a church instead of housing at the end of the runway. The EQCB refused to certify the project --- they wouldn't even accept it. It went to the Planning Commission. The Planning Commission, by law, and had to ... certify the project, approve the E I R, not the project. And then when it came to the vote of the Planning Commission in 1994 - 1995, I can't remember which, the Planning Commission turned it down. So, it wouldn't be precedent setting if you turned down everything and said, go back and talk to the people. And work with the citizens of College Park East. A couple of speakers before me said that we did have an election, a referendum on this -- we had two of them --- and the main issue of the campaign was this project. Patty (Campbell) won by almost 2/3 of the vote each time. The second time, when the recall... which was sponsored by these people out here, who you hear with the loudest applause was turned down. The people I find... are pretty smart and they study the issues. They study this issue when it came before them. They elected Patty (Campbell) twice. I just wanted to bring these points before you -- it wouldn't be precedent setting if you say no to this project." . Mary Beth Ives * Ballentine Drive. Rossmoor Ms. Ives said she hoped the Planning Commission was listening to the people. Not one person has said this would be a great project. She wanted to go on the Record as endorsing the mixed-use plan. 9 City of Seal Beach Planning Commission * Minutes November 4, 1998 . Foster Williams * Colleqe Park East. Seal Beach Mr. Williams said three votes have taken place and all three have turned down the mixed-use proposal and this commercial proposal. The Bixby people say it's Patty Campbell's project and it is not, she wants to have it squashed and he agreed. He has been a College Park East resident for 29 years and not once has the Rossmoor Center been upgraded. He urged the Commission to vote no on this project and suggested a cemetery in its place. Mary Sandpaulo-Jones* Foster Road, Rossmoor Ms. Jones talked about increasing traffic in Orange County. She asked the Planning Commission to not help Orange County become another ugly, urban concrete sprawl with this project. John Merchant * 3372 Rossmoor Way. Rossmoor Mr. Merchant said he agreed with the people who spoke on increased traffic. He noted everyone would be impacted by this increased traffic, noting the school children go to school in this direction. . Debbie Valley * 201 Foster Road, Rossmoor Ms. Valley said the Planning Commission has the opportunity to create a win-win situation for everybody at this time. She said they purchased their home because they were attracted to the quiet, small community --- something like a town in the mid-West. . Ray Ybaben * Hazelnut. Colleqe Park East. Seal Beach Mr. Ybaben opposed the project. Using a displayed map, he reviewed existing commercial zoning. He said there is no support for the commercial development from anyone who lives within "striking distance" of the site. If the Planning Commission represents the people, how could it possibly go through? He referenced the Press-Telegram article quoting Shawn Boyd, Councilperson District 1. In the article Mr. Boyd said he certainly wouldn't want this in his District but "It would be wrong for me to shove it down College Park East district's throat". At the same time, sales tax revenue sharing is mentioned, which is something Keith Till, City Manager, has attributed to him. His concern is that the City is trying to buy off the Rossmoor-Los Alamitos area by giving them a share in the expected revenue. He didn't want to see that happen. He wanted the Planning Commission to do their jobs and represent the whole of the City. He urged the Commission to turn this down. Laura Brecht * 242 6th Street. Seal Beach Ms. Brecht spoke on traffic impacts on Seal Beach Boulevard, traffic impacts from the Bolsa Chica project, upgrading Rossmoor Shopping Center and the need for more students from Seal Beach at the Los Alamitos school district and opposition to inter-district transfers. If a residential project was approved, more students would be brought into the district and we would not be relying on the 10 City of Seal Beach Planning Commission * Minutes November 4, 1998 . ADA from other districts. We need more students from inside our district and less from outside. She opposed the inter-district transfers, saying those people are taking advantage of our wonderful school system without paying the taxes for it. She asked the Commission to please consider a residential project. Milt Peterson * Rossmoor Mr. Peterson said we don't need another big box retail center and he would not patronize it. Scott Miller. Loch Lomond. Rossmoor Mr. Miller spoke about development rights of Rossmoor Center and the potential for big box centers. He referenced the prior comments of Brian Gibbons, manager, Rossmoor Center. Mr. Gibbons said that center has commercial zoning already and they are looking at plans for redevelopment of that center. Mr. Gibbons also said they don't want their rights compromised by the development or use rights of Bixby Ranch Co. Renovation of Rossmoor Center would depend on what happens on the Bixby property. You could have two big box centers across the street from one another. .' Barbara Kelly * Rossmoor Ms. Kelly asked the Commission to remember the Golden Rule and to vote with their heart and conscience, How would you like a big box retail center across from where you live? Betty Martin * Leisure World Ms. Martin said she doesn't want more traffic in the area. She would have like to have the Rossmoor Shopping Center upgraded and she misses the Boston Store. She couldn't understand why the planners want stores that depend on traffic to survive, when there are so many stores the community already needs. She said the planners should find out what the people want. Dorothy Sullivan * 11671 Wimbley Road, Rossmoor Ms. Sullivan said she would boycott businesses if this project were approved. Phil Chaperson * 3670 Aster Street. Seal Beach Mr. Chaperson corrected previous statements that the mixed-use plans were voted down twice. It was withdrawn and the recall movement had nothing to do with the mixed-use plan. He suggested the City bring the project proposals up to a vote by the residents of College Park East and see what they vote for. . Dorothy Whyte * Colleqe Park East. Seal Beach Ms. Whyte spoke on previous actions of Patty Campbell such as refusing to talk to College Park East residents, She said someone testified that Patty Campbell wants this plan squashed. Has she spoken in her vote already? Has she violated the Brown Act? It's ridiculous to think that Bixby's going to go back to 11 City of Seal Beach Planning Commission * Minutes November 4, 1998 . the drawing board again. This problem rests firmly in the hands of Patty Campbell who refused to talk to her community before she was elected, after she was elected and prior and after the recall election. The recall election had nothing to do with this project, it had to do with Patty Campbell's inability to communicate with the residents of College Park East. Mary Shepherd * West Garden Grove Ms. Shepherd expressed her concerns regarding the loss of Eucalyptus trees. James Goodwin * Marina Hill. Seal Beach Mr. Goodwin suggested the Commission look for the minimum development possible. Nick Renev. ColleQe Park East. Seal Beach Mr. Reney urged the Commission to protect the property rights of the residents of Seal Beach, to leave the zoning as it is, to not approve this or the mixed-use plan as both will lower property values and to not tread on his rights. . Rebuttal: Ron Bradshaw Mr. Bradshaw said in 1997 the Bixby Ranch Company received a Memorandum of Understanding (MOU) from the City of Seal Beach City Council asking Bixby to study a primarily commercial plan. That plan came about as a result of the City receiving three development applications for the tennis club site and the two locations at the comer of Seal Beach Boulevard/Lampson Avenue. That was the beginning of the default plan. It wasn't a plan Bixby had intended to move forward on but, at that time, they didn't believe there was interest in moving forward with a consolidated master plan for the remainder of the property. In the last year, during the Public Hearing process, many issues regarding the project have been raised. For the benefit of the Planning Commission, many of those issues raised incorrectly misinterpreted the facts and conclusions in the EIR. The E/R was commissioned and prepared independently of the project sponsors. Many people are unaware of some of the conditions that have been placed on the project under the Development Agreement and of changes that have just evolved during the year's time. There is a real misconception on the type of commercial project that is before the Planning Commission. The proposal has been characterized as a "big box" development, an over-use of the land. He felt it is a very considerate plan in terms of the focus of the product type that would be placed on it. It has been considered by City staff and Bixby Ranch Co. to determine the best uses at the proper locations. . To provide clarification, the following consultants spoke: 12 City of Seal Beach Planning Commission * M'inutes November 4, 1998 . [J Aviation - Ken Bornholdt Mr. Bornholdt, Law Firm of Walter & Bornholdt, spoke specifically on the of compatibility of the proposed land use with the operations of the Los Alamitos Army Airfield. The EIR has extensively analyzed this issue. In general there are three issues regarding an airport and property surrounding it: height, safety, noise. This project has been extensively analyzed in terms of its interface with the airfield -- by two Federal agencies, one State agency, and one County agency. They all concluded that the proposed project is compatible with the operations of this airfield. In 1994, the U.S. Department of Defense (000) published an Airport Installation Compatibility Use Zone study (AICUZ). This is a Federal program set up for military airports. One peculiarity of the Los Alamitos Army Airfield is that it is predominately a helicopter base with relatively few fixed-wing operations. . In 1994, the Department of the Army studied this field, safety, noise and height issues. The 1994 AICUZ study concluded that for this airport there is a clear zone but it does not extend beyond the base boundary lines. There are no accident potential zones at all. The 1994 study incorporates a 1987 noise study based on 55,000 annual operations. That was modeled, noise contours were produced and showed that for this project, it is located between the 65 CNEL and 60 CNEL. In August 1998, 000, thru the Department of the Army, wrote the City a letter which confirmed the 1994 AICUZ study is still valid and in effect today. In February 1998 the military released a new noise study which concluded that the 1994 AICUZ study noise contours were too conservative. In fact, the noise contours are much smaller. If the new noise contours are used, the noise impact from this airfield is much less than what's shown in the 1994 AICUZ study. Why? There have been many developments in noise monitoring models, and quieter aircraft produced. Noise levels are significantly lower. Also, the levels of operations at this airfield have been dropping over the years. For the most recent year the annual operation level was close to 40,000. The second Federal agency to review this project was the Federal Aviation Administration (FAA). The FAA is concerned about buildings being too high and interfering with flights, with light, with glare from windows, electronic interference. In 1998 they issued a determination and then found this project was consistent with that determination. . The third agency reviewing this project was the California National Guard, the operator of this airfield. The EIR has a letter from Colonel Weir, the staff Judge Advocate, who said the 1994 AICUZ is valid and was done properly and in accordance with military regulations. It has a letter from General Grant, staff Judge Advocate for the California National Guard in Sacramento. 13 City of Seal Beach Planning Commission * Minutes November 4, 1998 . General Grant confirmed that the 1994 AICUZ study is accurate. Finally, there is a letter from Colonel McClellan, California National Guard in Sacramento, and it says, "This project is compatible with the existence and operation of the AFRC". The Orange County Airport Land Use Commission (ALUC). Under State law the ALUC is charged with advising you on compatibility of land issues around airports. The AELUP for the AFRC is the 1994 AICUZ study. The ALUC adopted it without change. After independent review, the ALUC has said that is a valid plan and should be used by the City in making its decisions on land uses. CAL TRANS' Aeronautics Division commented on this project. With respect to the Orange County Land Use Commission, they are required by State law to comment on any amendments made by that body re any airport land use plans for any airport. In 1994, the military asked them to adopt the AICUZ study. They sent it to CAL TRANS for comment as required by State law. CAL TRANS is required to comment but they submitted no comments and it was adopted without objection by CAL TRANS. . CI Michaellncledon * Incledon Kirk Enoineers Mr. Incledon introduced himself as the civil engineer for this project. He described some key drainage and traffic features of this project. There are several mitigation measures in the EIR, which are designed to mitigate impacts of this project on the regional off-site drainage facilities. This will primarily be accomplished by increasing the size of the retarding basin on the golf course. Additionally, the retarding basin will be increased 10% - 15% beyond that required to mitigate the impacts and to provide for future increases in runoff which may occur due to changes in land uses upstream of this project. Regarding flooding along Seal Beach Boulevard, the water in the gutters will be decreased due to a diversion of some runoff. The runoff currently flows from the project area into Seal Beach Boulevard. It will be diverted back onto the golf course and into the retarding basin. Flooding along Lampson Avenue will also be decreased by the addition of three catch basins between Seal Beach Boulevard and Basswood. The City staff has begun a master drainage plan for storm drain improvements in College Park East. This project also contains contribution to facilitate the first phase of those improvements. . The project consists of several traffic improvements. Most importantly is the widening of the 1-405/Seal Beach Boulevard bridge and Seal Beach 14 City of Seal Beach Planning Commission * Minutes November 4, 1998 . Boulevard itself to allow for three thru-Ianes of traffic in northbound and southbound directions from Beverly Manor to Rossmoor Center and beyond. Mitigation measures will be incorporated at the intersection of Seal Beach Boulevard/St. Cloud Drive to prevent cut-thru traffic from the project into the Rossmoor area. Signal modifications at the intersections of Lampson/Seal Beach Boulevard, St. Cloud/Seal Beach Boulevard and the main entry to the center will improve the flow of traffic and access to both the Rossmoor Center and the Bixby Old Ranch Towne Center. Modifications to the existing median will also increase traffic flow. He noted one person spoke tonight about Lampson Avenue and potentially unsafe conditions in the street. As it stands, there is a driveway at the Old Ranch County Club, which could stand to be improved and increased for the safety drivers on that street. One element of the project would be to relocate the County Club access over to the signal at Basswood Avenue. A 12' bike lane will be built from the tennis club to the Towne Center. . Commissioner Lyon asked if the flood control was designed around the flood of 1995, so it would take care of a flood of that magnitude? The 1995 was devastating to the land below the Bixby property. So far, the flood control district has done nothing to improve that condition. They repaired one pump but that was it. Since 1995 they have talked about putting in another pump line between the holding basin and the river. Mr. Incledon said yes, the basin has been designed in accordance with the Orange County EMA's hydrology manual. It does incorporate the 1995 flood as well as all the historical floods. He understood EMA is in the process of studying the regional flood control and there are many improvements that should, and probably will, be made. Cl Randy Jackson * State Licensed Landscape Architect * Plannino Center. Costa Mesa Mr. Jackson said the work his company does is master planning communities and developing comprehensive landscape, open space and recreation plans. They will be the landscapers of record for this project. . He clarified the comment that the row of Eucalyptus trees would be removed. They intend to develop a comprehensive plan on ways to maintain it and integrate it within this proposed project plan. Approximately 70% of the trees currently there will remain. The trees that will be removed are the ones that have substantial problems with them right now. That Eucalyptus row has not been maintained nor modified during the preceding period and it needs a health program developed for it. There will also be trees removed for access 15 City of Seal Beach Planning Commission · Minutes November 4, 1998 . and sight line protection. Those trees will be replaced at a 4-to-1 ratio within the plan and within the open space areas. As part of the master plan, a pedestrian trail system is intended to link the tennis facility thru and up to the proposed center. The golf course will be reconfigured to make it work more effectively and to remove some hazardous conditions at the driving range. As part of the project, a 5-acre gateway/open space area will be developed. As part of the final submission, a very comprehensive landscape plan will be part of the plan. a Rick Grandv · Senior Vice President of Nadel Architects Mr. Grandy said they have proposed an upscale designed that they've coined "California Coastal". It's not Mediterranean or Spanish in design. It has wood siding instead of stucco, with a shake roof instead of barrel tiles, wood trims, different light fixtures. In design character, it's close to the surrounding neighborhood. . The larger wall masses have been broken up with small canopies and trellises, individual sign dormers and different treatments to reduce their mass. It's unlike a typical big box or power center where the designs are very simplified with straightforward walls, large sign areas and portray a discount- type cost. Regarding the Eucalyptus trees, they are maintaining 70% of the trees along the frontage. This acts as a landscape setback for the buildings. They have created a village-like atmosphere along the whole street frontage. The buildings have been set back at different setbacks. The big buildings are in the back of the center and they're screened sufficiently by these small buildings and by all the trees in the parking lot. In the village area along the street frontage they also have plaza areas located in front of the two "l" shaped buildings. That's where they plan to put the tenants such as the coffee tenant, bagels/donuts, bookstore and other tenants that promote a meandering, sit-down atmosphere. a Mike Jensen · Pacific Retail Partners. 911 Studebaker Rd.. lonq Beach Mr. Jensen said he and his two partners have over 45 years combined experience in representing retailers, finding locations in Southern California. He next listed the names of their clients and the numbers of locations they have found for them. . When this applicant looked for a firm to assess and evaluate the feasibility of this site they came to Pacific Retail Partners for their experience in 16 City of Seal Beach Planning Commission * Minutes November 4, 1998 . representing tenants and in understanding the trade area. We looked first at the population, who's in the area. The trade area is a three-mile radius from the subject site. You have a population of 12,000 at one mile, 46,000 at two miles, and 113,000 at three miles. This site is located and surrounding by other shopping centers. There are other area shopping centers but there are no quality shopping centers in Seal Beach or around Rossmoor. In a three mile radius around this site there is only one that has been recently remodeled -- that's Marina Pacific shopping center. We determined what type center should be located here. If it's going to be a power center it has to be located at a major freeway intersection; this property is not located at a major freeway intersection. If it's going to be a community center it's going to be located at a major arterial street intersection; this is not the case. This center is going to attract people who are living in the neighborhood and driving up and down Seal Beach Boulevard. This center will serve the neighborhood community, the three.l.mile trade area. . Showing slides, he illustrated a big box retail center. Saying big box draws people from 15 miles away to the site, that would not be duplicated here. Big box is 100,000,000 square feet of retail on 100 acres of land. This would be less than 25 acres of retail, less than 300,000 square feet. . When looking at neighborhood shopping centers, they look at who will be using them. They then bring grocery stores, drug stores, bookstores, home centers to the site. A current grocery store design is 55,000 square feet that needs 10,000 people to run its operation. That store would typically draw from a 1 - 2 mile radius. In looking at this site and the trade area, within a 2-mile radius, you have three grocery stores --- Vans, Seal Beach Market and Lucky's. Vons has expanded that store four or five years ago but could not get it up to the 55,000 square feet they needed. The reason they can't expand that store is the property is not large enough and does not have enough parking. The Lucky's store in Rossmoor Center wants to expand. They've asked their landlord for permission to expand and to work with them. The landlord won't allow them to move across the street. The Seal Beach Market is a mom-and-pop operator, is not a good chain, and is about 25,000 square feet. They face the same constraint that Von's does --- it's too small a site to locate a 55,000 square foot grocery on. When they designed the 25,000 square foot market they were anticipating they needed about 5,000 to 7,000 people in a trade area to validate the existence of that market. You've got 21,000 people that are inadequately served by those 3 markets. You've got 46,000 people in a 3-mile radius. Prompted by a comment from someone in the audience, Mr. Jensen said Van's on Valley View is outside the radius. There is enough demand in this trade area for two markets. That's why he's got proposals from 4 major credit markets that want to open a new prototype to serve this trade area. 17 City of Seal Beach Planning Commission * Minutes November 4, 1998 . The other retailers they looked at were soft goods retailers. These sell women's domestics, examples would be an off-price clothing store, an upscale clothing store of about 35,000 square feet. They need 22,000 people to generate sufficient sales. They pull between a 1 - 3 mile radius. Retailers prefer our site to the Rossmoor Shopping Center because they're looking for a quality design. They're not looking for the ancient design that the Rossmoor Center has. Drug stores need typically 16,000 square feet with a double drive through. He discussed Walgreen's drive-thru. Parents like to drive-thru a pharmacy so they don't have to take sick children into a store and wait in line. . Home centers today need 8,000 square feet for an Ace Hardware or 130,000 square feet for a home center with an outdoor garden facility. The new home centers draw from a 3-mile radius. They are not penetrating the volumes in the Southern CA market that they need to so, they're tightening their rims. Sales are still going through the roof. The large home center component, in a $250 billion dollar industry, only has 20% of the market share --- this is shared between Home Depot, Home Base, BJs Club, Lowe's and Orchard Supply. There is no prototypical home center in this area. Lowe's is a home design center, not a Barr lumber, that focuses its sales on residential appliances, designer services, electronics. Ace Hardware says their sales actually improve in sales when a home center comes into the trade area because the guy like me, who usually hires a contractor, goes somewhere that's convenient. He's going to go to Ace Hardware because it's quicker to get in and out and they offer personal service for questions. Ron Bradshaw Mr. Bradshaw said people in north Seal Beach want the tennis club to become a north Seal Beach community center and a north Seal Beach police sub-station. During this process, the City asked Bixby Ranch Co. to incorporate into the project a police sub-station with a permanent community television studio; Bixby agreed. Also, the City's water department, not having a total loop system in the north city, asked if on the east end of the golf course for a half-acre so that they could drill a new water well. The new golf course has not been represented well, in the sense that the 55 acres of undeveloped land would be expanded into the new Old Ranch County Club. The driving range would be relocated away from the residential area of College Park East. And also provide a public amenity by having one end of the driving range is available for the public to use. . The Chair closed the Public Hearing and called for a short recess. 18 City of Seal Beach Planning Commission * Minutes November 4, 1998 . RECESS: RECONVENE: The Chair called for a short recess at 9:53 p.m. The meeting reconvened at 10:10 p.m. Commission Deliberations Chairman Brown said the Commission would next ask staff any technical questions it had, followed by general discussion, Commission deliberations and then the motions. He indicated that someone had asked if the Planning Commission would finish deliberations tonight and he said he thought they would. Church Site Chairman Brown asked about the church. He said Bixby didn't discuss the church at all and he asked staff to recap their understanding of this. . Mr. Whittenberg gave an overview of the application as submitted by Bixby Ranch Co. The application proposes a 15-acre site for church use. At this point there has been no formal application submitted to the City by a church for that site. The Commission must consider, as part of the application process, whether or not the 15-acre site would be an appropriate land use for a church site. The Commission's purview is on the general use of the land for the uses set forth in the application. Any specific development requests would require separate applications. History of this Application Commissioner Lyon asked staff for a history of this application, i.e., how many times has it been before the public and what have the results been? Mr. Whittenberg said that in 1989, when he began working with the City, there were no applications pending from the Bixby Ranch Company. In 1991, Bixby told the City they wanted to submit an application for development of the property. They explained the area to the rear of the golf course had been leased by the Army for a number of years but now was no longer leased and the property was available for development. That approach from Bixby to the City began a number of community meetings, which is what Mr. Laszlo was referring to. Bixby was trying to get a feel from the community on what types of uses the community felt would be appropriate for that area. Bixby would then submit an application under the guidelines the community provided. That process didn't reach completion and was stopped after six or seven meetings. . In approximately 1993, Bixby submitted an application to the City again. This was referred to as the mixed-use project. This involved residential single family homes within the confines of a redesigned golf course, a 125-unit housing 19 City of Seal Beach Planning Commission * Minutes November 4, 1998 . development, and approximately ten acres of land, some of which would have been low-moderate income housing. Additionally, at the comer of Lampson Avenue/Seal Beach Boulevard a 180-room hotel and two restaurants were proposed. An EIR was prepared and Public Hearings were held. The Planning Commission denied that project. Before the City Council could consider the project the applicant withdrew the application. The project before the Commission now is the second submission. Those are the only two projects the Director was aware of. Commissioner Cutuli asked if the applicant formally withdrew his application in 1994 without any voting? Mr. Whittenberg said no, the Planning Commission voted it on. The Planning Commission's recommendation was to not approve the project as presented. Before it went to the City Council, however, the applicant withdrew it. . Responding to a Commission question [COULD NOT BE HEARD ON AUDIOTAPE], Mr. Whittenberg said it was a more split issue at that time. Rossmoor and Los Alamitos did not express the same interest on that project proposal that they have expressed on the present project. The major issue was the impact of flight operations at the AFRC on the proposed home sites and the fear that if those homes were built, the residents of those homes would apply pressure on the AFRC and the base would close. There were other issues the Planning Commission felt needed to be addressed and it was ultimately recommended for denial. ParkinQ at Hotel Chairman Brown said the documents talk about the parking spaces for the hotel and senior care facility being inadequate. Mr. Whittenberg said the parking standard for hotels is one space per room. That area has sufficient parking. The standard for the senior care facility is one space per three beds. If you assume each unit is a one-bed unit for 160 units that would need 57 parking spaces. It has 85 spaces for the senior care facility. The parking standards are met if not exceeded. . Commission's Focus The Director said the Commission needs to keep in mind that other than the formal application from Marriott, and the application for development of the total shopping center, there are no applications for a hotel use or a restaurant use. Therefore, the Commission is looking at the basIc underlying land use for the project and its zoning. Is it appropriate to change 25 acres along Seal Beach Boulevard to a C-2 zone by reconfiguring the northern 10-acre portion? And to put a 15-acre institutional use in that area as opposed to a commercial use? Is it appropriate to expand the 5.5 acres of commercial zoning to approximately 8 20 City of Seal Beach Planning Commission * Minutes November 4, 1998 . acres and to reduce the commercial zoning on the tennis club property from 6.7 acres to a public land use? The Commission needs to focus on the underlying zoning for the property. 15-Acre Site Commissioner Lyon asked if there were plans for the 15-acre site? Mr. Whittenberg said at this point there are no plans. What is proposed for that site is to change the zoning on that property? Right now it's 10 acres of commercial zoning and the remaining portion is Recreational-Golf. They propose to change that zoning to an institutional zoning for a projected church. Commissioner Lyon asked [QUESTION COULD NOT BE HEARD ON AUDIOTAPE]. Mr. Whittenberg said residential was one of the alternatives in the EIR but that is not the application before the Commission tonight. The application is for a church use. The Commission has the capability of recommending a different land use to the City Council if they feel that would be more appropriate. Chairman Brown asked what is the normal zoning for a church? . Mr. Whittenberg said churches are allowed in residential zones by approval of a Conditional Use Permit. The reason the application has proposed an institutional use, a Public Land Use (PLU) classification, is staff did not want the underlying zoning to give the future capability of residential or commercial uses to that property and come back in the future and seek development approvals on this site. If you have the underlying zoning, there are a number of residential uses and commercial uses that can be built by right without having to come back before the Planning Commission for review. Staff wanted to preclude as an unknown future event. Traffic Mitiqation. Bridqe Wideninq, Wideninq Seal Beach Boulevard Chairman Brown said one major objection from the public was traffic mitigation. During negotiations for the mixed-use project there were discussions on widening the bridge over the 1-405 and Seal Beach Boulevard but there was no financing for this. Who is going to pay for widening that bridge now? . Mr. Whittenberg said under the project as proposed, it is proposed to widen the bridge and to improve the on and off ramps at Seal Beach Boulevard on both the north and south sides. The project applicant would be required to pay approximately $1.2 million in traffic impact fees based on the square footage of the development and the City's adopted standard fee schedule. The City would use those funds to match funds that are already set-aside through the Measure M program in the amount of $1.5 million. The cost of the project is estimated at 21 City of Seal Beach Planning Commission * Minutes November 4, 1998 . $3,000,000. There is about a $300,000 shortfall. Those are funds that the City can use through its annual allocation of Measure M gas tax funds to make up the difference. If this project were to be approved, there would be sufficient funding in place for those improvements to be designed and built. Chairman Brown asked what's the guarantee that that would be done? What's the guarantee the City would payout those monies? Mr. Whittenberg said the City gets about $600,000 in Measure M gas tax grants. If this project were approved, the City has a vested interest to make sure those road improvements are in place. Chairman Brown asked if the Development Agreement committed the City to paying for this? Mr. Whittenberg said he would have to review the language of the Development Agreement but he did not believe there's a commitment to that effect. Measure M set-aside funds are only available to the City for five years. If the City doesn't use them during that time it would have to seek an extension on its time. The City has a vested interest that it does not lose those funds. It's a project that needs to occur, whether or not this application is approved. . Chairman Brown asked if it's the City's responsibility to rebuild the bridge or CALTRANS? Mr. Whittenberg said the first application did not have traffic impacts enough for CAL TRANS to be interested in widening the bridge and that's still their same position. They have other projects with much higher priority under their Statewide funding process. Therefore, the only way to get the work done in the time constraints that the City feels is appropriate is for staff to find other funding sources. Tennis Club Maintenance Funds Chairman Brown asked about the tennis club, which would become the North Seal Beach Community Center. During the mixed-use proposal there was $750,000 to maintain it. In the current Development Agreement there's $75,000 in funds. If the City can't maintain it, what happens to that Community Center? . Mr. Whittenberg said under the October 16, 1998 Development Agreement the funds to maintain the facility are $100,000. Under the Development Agreement, if the City ceases using that facility for a community center it reverts to Bixby Ranch Company. The fiscal impact analysis indicates, because of the overall revenue increase to the City, there will be more than sufficient funds coming into the City on a net basis to allow the City to maintain that facility. 22 City of Seal Beach Planning Commission * Minutes November 4, 1998 . Aviation Issues Chairman Brown asked if it is correct that one agency does not agree with the finding that there's an accident potential zone and a clear zone? Mr. Whittenberg said yes, this is what Mr. Bornholdt was referring to in his rebuttal comments. CAL TRANS and a Federal agency that has a tenant on the AFRC, provided comments on the EIR that they did not feel the current clear zone designations were appropriate. The EIR says those were concerns that rightly go to the AICUZ study, the Orange County ALUC and the Airport Environs Land Use Plan, and at this point, those are the two plans that need evaluation. Those plans indicate there are clear zones in relation to the operation of the AFRC. Given the special circumstances that exist at the AFRC, because 97% of the operations are helicopter operations, there are no clear zones under Federal AICUZ study or under the Orange County Environs Land Use Plan that extend off the base. They are restricted to on-base areas. And there are no accident potential zones that extend off the base. As Mr. Bornholdt said, those agencies had the requirement and opportunity to comment on the AICUZ study in 1994 regarding those issues and they did not . Chairman Brown said it was his understanding that one of the reasons for these zones being where they are is because of the type of use (helicopters) of the base. Two years ago, a fixed-wing squadron replaced one of the helicopter squadrons. If the nature of the operation were to change significantly, then would we assume that change would occur where the clear zones and the accident zones are? Mr. Whittenberg said he was not going to make that leap. If the operations of the base change over what was evaluated in the EIS, they need to reevaluate their AICUZ document and look at those issues all over again. He didn't want to try to predict what mayor may not come out of that type evaluation. It's very clear in the record that at this time the number of flight operations at that facility have decreased. The AICUZ study was based on 55,000 flights and that figure is now 40,000 or less. The special criteria used for this facility for determination of clear zones is based on a certain number of fixed-wing aircraft operations at each of the two runways. There is a lot of discussion on this issue in the Responses to Comments. Commissioner Lyon asked if the Southern California Disaster Center still there? Mr. Whittenberg said yes. . Mitiaatina Intersection Problems Commissioner Cutuli said in the course of developing this project, the intersections of Katella/Los Alamitos Boulevard and Bloomfield/Katella 23 City of Seal Beach Planning Commission * Minutes November 4, 1998 . Were unmitigatable despite efforts to do so. Was any thought given to reducing the size of this plan so that mitigation measure would keep the traffic flow at, or better than, the current levels of service on all the intersections and streets? Mr. Whittenberg deferred to the consultant, Andi Culbertson. Ms. Culbertson said it is not that those intersections are unmitigatable, the can be mitigated. But they lie outside the jurisdiction of the City of Seal Beach. And their jurisdiction, the City of Los Alamitos, has notified the Orange County Transportation Authority that they do not wish to undertake the types of things that need to be done to those two intersections to mitigate them. That information came out during the Katella Super Street discussions. This happens and it becomes a planned deficiency. As required by the California Environmental Quality Act (CEQA), her firm looked at several alternatives that would reduce impacts in a number of areas. The intersections in the City of Los Alamitos are under tremendous pressure now, without this project, and are operating at inappropriate levels of service (LOS). Virtually anything that is done now with deteriorates the intersection. . Commissioner Cutuli said that answers what the City can do. But what about what the developer can do to decrease the size of the project, to decrease its traffic impacts? Ms. Culbertson said those alternatives are in the EIR. It would take a dramatic amount to reduce the traffic trips. For example, the City's current General Plan and zoning ordinance would not reduce the trips enough to have a positive effect on the impacts to those intersections. In other words, it would take something close to the no project alternative to reduce those intersections because they are already operating at a negative LOS. Mr. Whittenberg said Table 23 in the EIR gives the existing traffic levels for those intersections. Both of them currently are at LOS "E" --- without this project. That indicates they are in a substandard condition. The City of Los Alamitos has made a conscientious decision that the necessary improvements would have such a detrimental impact on the businesses in those locations that they are not willing to make the improvements. It's not much different than Pacific Coast Highway in Seal Beach. It runs at a LOS "E" or "F" in the evening also. There are ways to solve that problem --- to put three travel lanes in on Pacific Coast Highway but that would remove all the on-street parking. Our City Council made the decision not to do that because they felt there would be worse impacts by adding additional lanes of traffic going through the City. Those are some of the trade offs dealt with at the City level. . Commissioner Hood asked Ms. Culbertson that while she said these are not feasible to mitigate, on page 63 it says those two intersections cannot be easily 24 City of Seal Beach Planning Commission * Minutes November 4, 1998 . be mitigated to insignificant levels. He said that he realized when we talk about traffic and how we can influence traffic on Seal Beach Boulevard, you tend to gloss over the things on Katella/Bloomfield and Katella/Los Alamitos. Those are some of the intersections that our neighbors from Leisure World might have to get through in an ambulance. Acreaoe Amounts Commissioner Hood asked Mr. Whittenberg about zone changes, specifically how many acres are zoned now for commercial? Mr. Whittenberg said approximately 10 acres, in a triangular shape in the northern comer, 5.5 acres on Lampson Avenue/Seal Beach Boulevard and about 6.74 acres at the tennis club -- roughly 22 acres. Commissioner Hood acknowledged the 22 acres and noted if this project is built that figure will increase to 54 acres. Mr. Whittenberg said no, you'd have 25 acres of the shopping center site, 8 acres of Lampson/Seal Beach Boulevard and 15 acres of institutional zoning for a total of 48 acres. There are 33 acres of commercial zoning proposed? . Commissioner Hood indicated that would be a 50% increase. Plannino Commission Procedure Commissioner Hood indicated he would like to review what needs to be done and reviewed the Motions for the application. Consideration of Alternative Plans Commissioner Larson said the Planning Commission is reviewing an application for commercial and institutional uses. If the Commission felt the mixed-use was more favorable, could that be recommended? He understood the Commission could not. The Planning Commission can recommend denial of this project and recommend, if desired, that the City Council not approve this plan but consider the mixed-use plan, which would be an entirely new application. Mr. Steele said that was correct. The Planning Commission could make policy recommendations with regard to other types of uses and/or other types of plans, but the Commission has a specific application before it that has to be processed and the Commission has to make a specific decision on that application. If, along the way, the Commission wants to make other policy recommendations to the Council the Commission is free to do that. . Commissioner Larson asked if the Commission could recommend approval of this plan and recommend the church be made smaller or deleted entirely? 25 City of Seal Beach Planning Commission * Minutes November 4, 1998 . Mr. Steele said the Commission could recommend approval or denial with basically any type of policy-related, legislative condition it thinks is appropriate. Commissioner Larson asked about the resolution. This has covered everything except the Marriott senior care facility, which is a separate item. Mr. Whittenberg said that's correct, noting the Marriott application will not come before the Commission until it has concluded its deliberations and made recommendations on the application for the basic underlying zone changes and General Plan amendments. Commissioner Larson said that according to Resolution No. 94-20, the Planning Commission must indicate by 10:45 p.m. whether it wants to consider other matters/applications. The Commission would have to conscientiously decide to do it. Chairman Brown agreed. Commissioner Hood said that because the Commission has five resolutions to vote on, he would recommend continuing all the other items to the next meeting. . Commissioner Larson asked if Marriott's application was an integral part of the Bixby application? Mr. Whittenberg said Marriott's application is to be considered if the Bixby project is approved. If would be appropriate to continue Marriott's application until the next meeting. Commissioner Lyon asked if the Commission could consider Marriott's application if it removed the acreage out of the Bixby application, not change that site's zoning? Mr. Whittenberg said right now the property Marriott wants to build on is zoned Recreational-Golf zone. Marriott submitted a specific application to the City for consideration. That application must be considered at some time but is not before the Commission now. He suggested continuing the Marriott application until the next meeting. MOTION by Hood; SECOND by Cutuli to continue all remaining Agenda items to November 18, 1998. MOTION CARRIED: AYES: 5-0 Hood, Cutuli, Brown, Larson, Lyon . 26 City of Seal Beach Planning Commission * Minutes November 4, 1998 . Limit Size of BuildinQs Commissioner Larson said to him the term "big box" referred simply to a big store, like Wal-Mart or K-Mart. If the Commission recommends anything, can it limit the size of the stores? Mr. Whittenberg asked to defer his answer for a few minutes. Safetv Issues at Lampson Avenue Commissioner Cutuli asked if the driveway safety issues at Lampson Avenue were considered in the EIR? Mr. Whittenberg said yes, it was responded to in a number of Responses to Comments. Obviously people disagreed with the City's position that the proposed driveways on Lampson Avenue into the public driving range and into the senior care facility does not have enough traffic on it to warrant a traffic signal. . Focus of Issues Before the Commission Mr. Whittenberg focused the issues before the Commission. He said the Planning Commission has a specific application before it and the Commission does need to make recommendations to the City Council on it. The Commission has heard a lot of public testimony saying they don't like this project but they do like the previous project but that project is not before the Commission. There is no application for a residential project. The EIR evaluates that other project to give a comparison of the different environmental impacts based on the scale of development that could occur on this site under a number of scenarios. It also evaluates the impacts of the current zoning classifications that exist on the property at this time and actually indicates that the current 23 acres if fully developed to their maximum would create more impact than this proposal. If you recommend denial of the proposed project you could, by separate motion, forward an additional recommendation to the Council that you feel that particular alternative in the EIR would be a more desirable use of land for that area. . Mr. Steele said he has been asked this question a few times and he wanted to be sure everybody has the full information in regard to what's in the EIR, what the alternatives mean and why it wouldn't be possible to simply shift gears and amend the application while the Commission is sitting here. CEQA requires that alternatives be included in the EIR to give the decision-makers something to compare the project to. To give a range of alternatives and to compare the EIR to that range of alternatives. It doesn't require the EIR to pull one out. It doesn't require an applicant for a project to be bound to five or six different projects instead of just the project that's been applied for. It's an information tool to allow the Commission to see how bad things really are or to see that things could be worse if some of the other alternatives were employed. The practical issue, in terms of switching to some other project, is that if we were talking about a 27 City of Seal Beach Planning Commission * Minutes November 4, 1998 . residential project there are many things that would have to be done to get it in shape to be considered. There would have to be subdivision maps, a new Development Agreement, other divisions of the property, other environmental studies. These are not before the Commission and there's no basis on which to make a decision. He didn't want anybody to think, "we're basically shoving one decision down somebody's throat". Staff is saying that if the Commission wants to make a recommendation on another project it's in the Commission's purview to say something else is a more appropriate land use. Mr. Whittenberg said if the Commission does deny this application and if the Council denies this application, there's no way to compel the Bixby Ranch Co. to resubmit the residential application again. They can choose not to. They can choose to develop the land under its current zoning designations. Because the Planning Commission recommends their view of a better use for the Bixby property does not mean the Bixby Ranch Company will submit an application for that use. Commissioner Deliberations Certification of Final EIR . Mr. Whittenberg said staff is recommending the Planning Commission make a recommendation to the City Council that the EIR is adequate under CEQA. The EQCB said the EIR would be considered adequate with certain amendments. Culbertson Adams said that all those amendments have been prepared. The MC has recommended a change to one of the mitigation measures in the Cultural Resources section of the EIR and the change has been made. Commissioner Hood asked if the Environmental Quality Control Board (EQCB) has physically signed its resolutions certifying the EIR as adequate? Mr. Whittenberg said the EQCB's Vice Chairperson, Donna McGuire, has not been into City Hall to sign their resolution but, the resolution was officially adopted by the Board with conditions. Those were presented to the Commission at their last meeting. The conditions respond to the concerns of the EQCB. MOTION by Hood; SECOND by Cutuli to adopt Resolution No. 98-3i, recommend the adequacy of the Environmental Impact Report to the City Council. MOTION CARRIED: AYES: 5-0 Brown, Cutuli, Hood, Larson, Lyon . 1 Planning Commission Public Hearing dates will be corrected/updated. 28 City of Seal Beach Planning Commission * Minutes November 4, 1998 . General Plan Amendment 98-1 to: Land Use, Open Space/Conservation/Recreation, Bicycle Route, Housing, Circulation and Noise elements . Commissioner Hood said not one person spoke in favor of this project, everyone spoke against it. He didn't hear anyone, except the project's applicant, say it is a good idea. On top of that, there are a number of unmitigatable impacts, not the least of which are air quality, traffic issues, trees and urbanization. Traffic is important to many, especially those with medical emergencies. Air pollution would be a health problem to those of us who live there. There would be a significant impact on aesthetics with the removal of the Eucalyptus windrow. As far as urbanization is concerned, there is a loss of open space and there isn't much open space anymore. He said he wouldn't want to see a Zone Change approved for this property, saying College Park East residents all bought their houses assuming the Zone Changes were static. Mr. Laszlo commented that Bixby should work with the people. Actually Bixby did, and that's the sad thing. It's almost a Greek tragedy. He urged Bixby to be creative and to use the 22 acres to come up with a project that our city can be proud of. In many ways Bixby may have been mislead by false hopes, taken in by a vocal minority who said there was a large number of people who supported something when they really didn't. In 1996 they found out by a 3-2 vote and in 1998 by a 5-3 vote that a large number of people didn't support it. The people at these hearings don't support this project and the people in College Park East don't support it, nor the people in Rossmoor or Los Alamitos. Based on the testimony at the Public Hearings, he made a Motion to deny the project. Commissioner Cutuli said there are positive aspects to this proposal --- it's beautiful in its construction, it has been completely thought out in great detail. If it just suddenly appeared over night the people who are really against it would see some benefits to it. However, there are certain things that make it unpalatable. The worst things are the traffic, the pollutants, loss of open space, impact on the schools. It's not for the scrap heap. It should be modified, but I can't approve it the way it is. . Commissioner Lyon said he saw many holes in the operation. [AUDIO TAPE UNCLEAR] He didn't agree with the air pollution problems --- it couldn't get any worse than living next to an electric generator as he does. The changes that they're making, the total accumulation of them, along with the amount of property involved would greatly affect the residents there. They're not going to do anything on the College Park East part that's in the northern part and Seal Beach Boulevard part. College Park East couldn't get over there. He was not totally against the project because he did think it was a good advantage for the property that's there. It's not adequate right now; obviously, they don't have a great golf course there. They have an opportunity to make a good one. 29 City of Seal Beach Planning Commission * Minutes November 4, 1998 . Commissioner Larson said the Planning Commission has heard some real objections and some fanciful objections and there were some threats that he thought would not come to fruition. He likened it to the movie Field of Dreams, saying if you build a good store, people will shop at that store. Dislike of a Zone Change would most likely not really stop people from shopping there. He felt what's important and of real concern is the traffic. The road is not wide enough; it has bike lanes that don't make sense. He said the other day he saw a bicyclist bump into a lady's car. When she told him to stop, he started choking her. A concern of fact is that something will be built there. One speaker said that when the objector's testify they are comparing the proposal to what is there now --- a lot of open space. If this is turned down, the City Council will make their own decision, then something else can go there. He didn't know if the applicant had a fallback position. Secondly, a concern is what will happen to Rossmoor Center? It's the only center we've got. He said he missed the Boston Store. He felt the Rossmoor Center would suffer if a good center goes in at the east side of Seal Beach Boulevard. If it's turned down there will be no mitigation. They will just develop the property according to their existing zoning. He didn't think that would make a very good development. It would make a bad development. Something has to get to the City Council --- whether it's a turn down or a recommendation. The Commission can't recommend a mixed-use plan. Regarding air quality, it's the freeway that brings the smog in. He would be willing to vote to send this to the City Council if, as part of the application, and let them worry about it. . Commissioner Lyon said he has a friend who was running a store in the Rossmoor Center a few years ago. They were struggling and just getting their feet on the ground when the landlord came around and said he was going to raise their rent. They showed him their books and said they just couldn't afford a rent increase. They said he was forcing them out. But the landlord closed them anyway. Rossmoor Shopping Center has not done one single thing since 1985. They have hardly painted anything. Lucky's painted their own store. The idea is that you're going to have to keep with the times. He mentioned the long lines for service at the drug store. He said he couldn't feel too downhearted about the Rossmoor Center because they're not doing anything to help themselves. He said there has been a constant turnover of small merchants in there because they can't make a go of it. This isn't true in places that are properly run. . Chairman Brown began his comments by saying what he liked about this project. He thought the best thing for the Rossmoor Center would be for this center to be built. It would be competition, the American way. One of the problems with the Rossmoor Center is they don't have any incentive to improve. And that would be good for the City in increased sales taxes. It's nice to live in this City but somebody has to pay for the bills. One of the problems Seal Beach has is it's sorely lacking in sales tax revenue. In today's times it's difficult for a city to get by solely on property revenues. 30 City of Seal Beach Planning Commission * Minutes November 4, 1998 . Chairman Brown said he was on the Commission in 1994 during the discussions on the mixed-use project. As he recalled, the people speaking for and against were equally split on that. The Commission had a 3-2 vote in recommending denial. This went along with the two elections that followed. . Every property owner wants to do what he or she wants with his or her property, that's the American way, but with limitations. The purpose of the Planning Commission is to represent the neighbors, the community as a whole --- to say is what you want to do good for us, is it something we can live with, is it good for the community. That's why it's important to hear from the community. He has not heard anybody speak in favor of this project except for the Pacific Retail Partners. He was not convinced that the Bixby Ranch Co. is solidly behind this project. They would probably prefer the mixed-use project. The mixed-use project was a bad project and he voted against it. The problem with this property has always been that it is a marginal property --- it has a lot of difficulties with it. It has traffic, the airport. It's difficult to find a use that's good for the owner and get an adequate rate of return on his investment yet is also good for the surrounding communities. Whatever the Commission decides on this application, one of its recommendations should be for the northerly portion be used for recreation, perhaps an executive golf course or a cemetery. When you look at other airports around the country, you find golf courses and cemetery and that's for a reason. There's the noise issue. There was also a lot of consideration of traffic on the previous mixed-use project. They were not happy about the traffic then, and clearly this project is way too big. It's not a choice of one project versus another. In his mind, there was a project that wasn't good. In the minds of at least 60% of the College Park East voters the project wasn't good. And now there's a project that at least 100% of the community is against. There are some aspects of the project he did like with possible middle or common ground to be found. It is Bixby's right to develop their 22 acres that are currently zoned commercial. They can do with them, as they want under the Code. Perhaps they don't really want to do that. Perhaps they can come up with something better and the City would like them to come up with something better. People don't seem to have problems with a commercial area at the old Arco site. Nobody likes the shopping center. There is a strong desire in College Park East to have the tennis club as a community center but he didn't think that's a financial investment that the City should make. It's a big center and he was not sure the City had the finances to run it so they would be able to keep it from reverting back to Bixby. Taking issue with the City of Los Alamitos, he said they complain about traffic at KatellalSeal Beach Boulevard, they should look at the on-going development in the Valley View Boulevard area. They are clearly responsible for that traffic. For them to complain about this city creating additional traffic is speaking out of both sides of their mouth. When people talk about Bixby being able to develop on their commercial zones, it should be noted that they still have to pay their traffic impact fees for those uses. People are saying we don't mind some commercial there but we don't want huge commercial there. He suggested . 31 City of Seal Beach Planning Commission * Minutes November 4, 1998 . the applicant should look at the development south of Lampson Avenue and to forget about the shopping center to the north. Come up with something that would have less impact on that zone. MOTION by Hood; SECOND by Cutuli to adopt Resolution No. 98-38, denying General Plan Amendment 98-1. MOTION CARRIED: AYES: NOES: 3-2 Hood, Cutuli, Brown Larson, Lyon . Mr. Steele advised that staff has drafted a resolution of denial based on the ErR grounds. This was passed to the Commission. Mr. Whittenberg asked the Commission to focus on Section 5. Mr. Steele said Section 5 says the reason the requested amendments would not be in the public interest are the five significant unavoidable environmental impacts, traffic including the impacts at the City of Los Alamitos intersections, air quality and noise impacts at the proposed senior care facility, removal of the Eucalyptus trees, the proposed church use being incompatible based on traffic and parking demands and the possible impacts on Rossmoor Shopping Center. Section 6 indicates the Zone Change, the maps, the proposed Development Agreement, because they would not be consistent with the General Plan, should also be denied. Chairman Brown asked what the procedure would be for forwarding recommendations to the City Council? Mr. Steele suggested the Commission take action on the General Plan amendment to be followed by a discussion on what the Commission's recommendations would be. Then instruct staff to forward those to the Council. He explained how this would be done Mr. Whittenberg explained the Commission's action is a recommendation to the City Council and it's not a final action. The City Council will hold their Public Hearings starting on Monday, November 9th. It's not known if the public testimony will be completed that night. They may be able to make their determinations on the project that night or they may continue it. The Commission held a separate discussion on recommendations and/or modifications to the project proposal. . Chairman Brown said that as he looks at the project, there are 5.5 acres at the former Arco site, which are zoned commercial. There are another 10 acres which are zoned Residential-Golf. In the north, there are 10 acres zoned commercial. It would be a good swap to trade the 10 commercial acres to R-G or something similar. Combine that with the Arco site to get commercial on that 32 City of Seal Beach Planning Commission * Minutes November 4, 1998 . corner. Concentrate all the commercial development at Lampson Avenue and Seal Beach Boulevard and open the north portion for R-G zoning/open space. The 6.74 acres of tennis club property would be a fine community center for College Park East residents if that could be accomplished. Commissioner Hood asked if the City Council was empowered to change a proposed project as it's considering it? Mr. Whittenberg said they could make specific determinations. They can provide direction to an applicant on what they think might be more acceptable. Commissioner Hood said the Commission is not recommending to the Council that they adopt a proposal such as the Chairman is suggesting. In many ways the Commission is giving suggestions to the developer. Mr. Whittenberg said he didn't think the Commission would want to put itself in that position. Commissioner Hood asked why is the Commission going through this exercise? . Mr. Whittenberg said that in the past the Commission has made recommendations to the Council. It has the right to do that. Chairman Brown said the Commission has just sat through eight hours of Public Hearings on a project and would like to see something good come out of it. The Planning Commission does help to determine land uses in the City. He felt this could be accomplished by accepting some aspects of the plan, except that some of the Zone Changes are not together. Mr. Steele said the only thing in the Commission's power is to recommend modifications to the applications that would make the application more palatable or more compatible with what the Commission feels would be best. He viewed the Chair's recommendations as being recommendations regarding modifications to this application that would make it more acceptable. The Chair is right that this may be a case of accepting some pieces and not accepting others. The Council has the authority to negotiate and to try to reach some compromises to satisfy as many people as possible. Commissioner Hood asked if the Commission is dictating to the Council and boxing them in if they make a certain recommendation? Mr. Steele said no; the Commission has an advisory role. . Commissioner Hood objected to making recommendations by the seat of his pants. He felt additional study was needed. 33 City of Seal Beach Planning Commission * Minutes November 4, 1998 . Chairman Brown said the EIR covers aspects of this and Public Hearings have been held on these subjects. "What I'm trying to say is, lose the big retail center". There are other aspects that do work in this project. The Commission doesn't have the authority to address this and it's not the application but the Commission could recommend to the Council. And by making recommendations, they can become part of the Council's Public Hearings. People will speak about our recommendations. Commissioner Hood said the Chair's recommendation would impact Lampson Avenue even more by adding more commercial there. Commissioner Larson said he doesn't want to be in the spot that if the applicant accepts this idea and files and application that the people will come in here and say you've already agreed to it -- even if it's a good idea. Because we heard from several people that they're castigating us because a Council person had apparently said something was going to be done. There was the undertone that this was a done deal because they wanted this and that --- they wanted the police sub-station and a community center. The public then thinks it's cut and dried. If we vote this way, we say it is cut and dried It might not be a bad idea when we get all the facts. . MOTION by Brown; SECOND by Cutuli to recommend to the City Council: o Concentrate commercial development south of Lampson Avenue; o . Change the R-G designation south of Lampson Avenue; approximately 8 acres to C-2; o Change the 1 Q-acre parcel at the northerly portion of the property to R-G; o Tennis club property to remain C-2; o Attempt to get tennis club property dedicated to the City. MOTION FAILS: AYES: NOES: ABSTAIN: 1-2-2 Brown Hood, Larson Lyon, Cutuli *** STAFF CONCERNS There were no staff concerns. COMMISSION CONERNS There were no Commission concerns. . 34 City of Seal Beach Planning Commission * Minutes November 4, 1998 . ADJOURNMENT Chairman Brown adjourned the meeting at 11 :35 p.m. Respectfully Submitted, ~~ Joan Fillmann Executive Secretary Planning Department APPROVAL of MINUTES The Planning Commission approved the Minutes of November 4, 1998 on November 18, 1998. ~ .' . 35