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HomeMy WebLinkAboutPC Min 1998-10-07 . . .' CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for OCTOBER 7, 1998 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA 90740 Next Resolution: 98-33 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 Jaw. 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 September 23, 1998 VI. SCHEDULED MATTERS 2. Consider request from Jim Watson for time extension on CUP 98-2, Variance 98-2 and Height Variation 98-1. 3. Consideration of the following resolutions re Anaheim Bay Villas at 321 Seal Beach Boulevard: #98-30 #98-31 #98-32 GPA 98-2 ZC 98-2 V AR 98-5 1 ~ . . . City of Seal Beach Planning Commission * Agenda of October 7,1998 VII. PUBLIC HEARINGS 4. Revocation of Variance 87-2 Address: Applica nt: 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 nonconforming commercial/residential structure to create a 100% commercial use, without bringing the property into conformance with then-current zoning. Recommendation: Approval, thru the adoption of Resolution No. 98-_. 5. Bixby Old Ranch Towne Center NOTE: The Planning Commission has previously indicated it will not receive public testimony on this item. The Commission intends to receive public testimony on October 21, 1998 c Certification of Final EIR c General Plan Amendment 98-1 to: Land Use, Open Space/ConservatlonIRecreatlon, Bicycle Route, Housing, Circulation and Noise elements C Zone Change 98-1 c Tentative Parcel Map No. 97-165 c Tentative Tract Map No. 15767 c Development Agreement Address: 3900 and 3901 Lampson Avenue Old Ranch Golf Course and Tennis Club Bixby Ranch Company Bixby Ranch Company Applicant: Property Owner: Request: 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: Land Use Desianation Existing Existing General Plan Zonina Proposed General PlanlZonina 2 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. jj . . . City of Seal Beach Planning Commission * Agenda of October 7, 1998 R_G1 C-~ PLU3 TOTALS: Recommendation: VII. STAFF CONCERNS 203.01 acres 15.3 acres 0.0 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 IX. COMMISSION CONCERNS X. ADJOURNMENT 1 Recreation/Golf 2 General Commercial 3 Public Land Use 3 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 -;J City of Seal Beach Planning Commission * Agenda of October 7,1998 . 1998 AGENDA FORECAST o OCT 21 o CUP 98-14 @ 12071 Pacific Coast Highway (Above-ground waste oil tank) o Plan Review 98-7 for 53 Riversea Rd. (Grossman) o Plan Review 98-8 for 1631 Seal Way (Konstro Design for Laurent) o Bixby Ranch Proposal o NOV 04 o Study Session: o Study Session: o Staff Report: o Staff Report: Noise Standards in C2 Zones (P. Campbell 7/27/98) Permitted Uses & Develop. Stds. in Commercial Zones [From 5/6/98J Undergrounding of Utilities Update on Decks along Crestview Avenue NOV18 o CUP 98-15/Marriott Sr. Assisted Living Facility o ZTA on issue of side-yard setbacks along stub streets in the Gold Coast area of Ocesn Avenue (from 3-4-98) o Study Session: Three-story structures on Main Street o Study Session: Height Limits in Commercial Zones (P.CampbeIl7/27/98) . DEC 09 DEC 23 . 4 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. I , City of Seal Beach Planning Commission * Agenda of October 7,1998 . 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 NOV17 DEC 08 DEC 22 1999 Aaenda 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... Calendar. April 2001 : CUP 98-6 @ 12147 Seal Beach Boulevard (Yucatan Grill) Review ADA handicapped-accessible restroom. (36 months from April 1998). .. 5 The City of Seal Beach complies with the Americans With Disabllrtles Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting Thank you. . City of Seal Beach Planning Commission Minutes of October 7, 1998 Chairman Brown called the regularly scheduled Planing Commission meeting of October 7, 1998 to order at 7:30 p.m. The meeting was held in the City Council Cham~rs and began with the Salute to the Flag. ROLL CALL Present: Chairman Brown Commissioners Larson, Hood, Lyon, Cutuli Also Present: Deoartment of Develooment Services Craig Steele, Assistant City Attorney Joan Fillmann, Executive Secretary Absent: Lee Whittenberg, Director AGENDA APPROVAL MOTION by Hood; SECOND by Larson to approve the Agenda as presented. . MOTION CARRIED: AYES: 5-0-0 Brown, Cutuli, Hood, Larson, Lyon Mr. Steele informed the Planning Commission that item #5, Planning Commission review of the Bixby Old Ranch Towne Center, will not be heard tonight. At the Planning Commission's last meeting on September 23, 1998, the Commission indicated they would continue this matter to October 21, 1998. Additionally, Mr. Steele informed the Commission that item #4, Revocation of Variance 87-2, will not be heard tonight because an agreement was reached with Howard Brief this afternoon for the payment of the in-lieu parking fees. This matter will be on the City Council's agenda for October 12th. The Council may approve the settlement agreement. Mr. Steele asked the Commission to continue their consideration of this matter until their November 4, 1998 meeting. MOTION BY Hood; SECOND by Cutuli to (1) continue the Bixby Old Ranch Towne Center application to October 21 and (2) continue the hearing on Variance 87-2 to November 4, 1998. MOTION CARRIED: AYES: 5-0-0 Hood, Cutuli, Brown, Lyon, Larson . City of Seal Beach Planning Commission - Minutes of October 7, 1998 . Mr. Steele said item #4 would not be heard at all if the City Council approves the settlement agreement. ORAL COMMUNICATIONS Mitzie Morton * Seal Beach Ms. Morton spoke in favor of the Planning Commission's September 23rd decision to stand firm against the pressures of a developer to build nine houses at 321 Seal Beach Boulevard. She spoke against revising the City's General Plan for zero lot line development for one individual owner, saying it would have been granting a special privilege. She didn't agree with staff's opinion that the proposal would have been consistent with the goals and policies of the City's General Plan. If the zoning should be changed on Seal Beach Boulevard then the Planning Commission should re-study the entire area and notify all property owners who should speak at the Public Hearing. A few years ago the City wanted commercial zoning in that area and that is what was done. The Sun newspaper made a big mistake in aiticizing the Planning Commission and they should be ashamed. . Roaer West * 1301 Electric Avenue. Seal Beach Mr. West, a 31-year City resident, spoke in favor of the Planning Commission's decision to deny spot zoning at the Shore Shop location. He supported the Commission's decision to deny revision of the City's General Plan for a single piece of property and its zero lot line request for 25' lots. He said the General Plan was intended to prohibit spot zoning and was constructed for the overall benefit of the town as a whole. Months of citizen input were required. Hearings and testimony cost thousands of dollars of staff time was spent. He participated in this process, along with countless other citizens who wanted to assure that Seal Beach would remain the unique town that it is. After all these efforts the citizens and taxpayers should not have to come down to City Hall and go through the whole hearing process all over every time some unsuccessful businessman wants a quick way out - or someone wants to make a quick buck no matter how it affects the community as a whole. If the General Plan is to be revised, it should be done overall as it was constructed. . Jim JessuD * 250 1 ~ Street. Seal Beach Mr. Jessup spoke in favor of the Anaheim Bay Villas project proposal. He said that anyone who has driven down Seal Beach Boulevard recently would understand quite readily that the General Plan, as it relates to Seal Beach Boulevard, is a miserable failure. It is not a fertile ground for businesses to take hold. Referring to the Happy Holiday Motel he said the only thing that has taken hold is a slum of sorts. This project would be a way to initiate change on Seal Beach Boulevard. It only has benefits for the area. Adjacent neighbors spoke in favor of the project. This project deserves further consideration. 2 City of Seal Beach Planning Commission - Minutes of October 7, 1998 . Grea Miller .. Owner. Sandpiper Bike ShOD. Seal Beach Boulevard Mr. Miller said he has owned the Sandpiper Bike Shop for 18 years. He took offense to anyone calling his street, Seal Beach Boulevard, a slum street. His shop does over $250,000 in business a year, pays taxes. He challenged the City to show him any evidence of anything they've done to improve Seal Beach Boulevard. If the City had done something ten years ago, as they said they were going to do, we wouldn't be having problems today. Seal Beach Boulevard is a commercial street and needs to stay commercial. Walter Miller" Seal Beach Mr. Miller supported the Planning Commission's decision to deny the Anaheim Bay Villas project proposal at 321 Seal Beach Boulevard. He read a 1986 letter from former City Council member Victor Grgas and a 1989 letter from his architect to Lee Whittenberg both referencing the Seal Beach Boulevard Improvement Study and creating an aesthetic visual statement along the major entryway into Old ToWn. Nothing further happened on that plan. . Mr. Miller spoke in favor of keeping Seal Beach Boulevard a commercial area, noting this is a unique opportunity to develop that area. He said he thought everyone had lost sight of a plan that was made back in 1986 and noted Dave Bartlett made that plan. He spoke about sales taxes coming into the City and said the Anaheim Bay Villas project won't pay retail sales tax. He noted that Mrs. Fielding's pre-school doesn't pay sales taxes but his bicycle shop does pay sales taxes. He spoke about the unique characteristics of that portion of Seal Beach Boulevard: o It's a gateway to the City o It has adequate parking o Being able to put diagonal parking on both sides of the street. o It has an ocean view o Building a boardwalk to connect Pacific Coast Highway with the pier. o Establishing businesses such as artists, rollerblade makers, surfboard makers. o Running a tram from Main Street to Seal Beach Boulevard. . He spoke about the Navy holding the street "captive" since 1944 when they put up their fence. He felt that fence "killed" the street. He felt the Navy would be willing to work with the City to bring the street back. The Navy might be willing to take the boardwalk and extend it all the way down to Pacific Coast Highway, and it would relieve the parking problems on Main Street. 3 City of Seal Beach Planning Oommisslon - Minutes of October 7, 1998 . Harold Rothman * Seal Beach Mr. Rothman said he has owned property on 17th Street for the last 25 years, always hopeful that something nice would happen on Seal Beach Boulevard. He commended the Planning Commission for denying the Anaheim Bay Villas project as presented. He said the City is best served by an overall plan with no spot zoning. . Seretta Fieldina * Seal Beach Boulevard Ms. Fielding said she has lived on Seal Beach Boulevard for 14 years. She was the Chairman of the Seal Beach Boulevard Improvement Project and committee. She is not against Walt Miller's project and supported it at that time. She is speaking for improvement on Seal Beach Boulevard. She said many people don't understand the complexities of Seal Beach Boulevard with its 25' x 100' lots. The General Plan won't be changed by the Anaheim Bay Villas project proposal. The fact is the General Plan is changed every time something is done in Seal Beach. When a business is no longer profitable the property owner has some rights to consider a change. She's asking the Planning Commission to consider allowing this applicant to come back to the Commission with changes to their original plan. It won't change Walt Miller's plans because it's not in the same block. She presented the Planning Commission with a petition with a signature from every businessperson on that street, the liquor store and the bait shop in favor of the Anaheim Bay Villas project. She supports anything that approves Seal Beach Boulevard. Nothing has happened to Seal Beach Boulevard in 50 years. She urged the Commission to grant a continuance. . Rea Clewlev * Catalina Avenue. Seal Beach Mr. Clewley talked about procedural matters, saying public testimony should not be taken under Oral Communications. He wanted to have comments on Anaheim Bay Villas heard elsewhere in the Agenda. Chairman Brown said that during Oral Communications people could speak on any matter. Mr. Clewley asked if the project proponents could speak? The Chair said yes. Mr. Clewley said he wanted to get the ground rules right. Mr. Clewley commended the Planning Commission for denying the Anaheim Bay Villas project. He reminded the Commission of the mandatory three State findings. He said it would have been disgusting to change the General Plan to accommodate this Variance request. There are no special cirQJmstances to these 25' x 100' lots and they must conform to the setbacks in the General Plan. Cass Valinski * 254 1 ~ Street. Seal Beach Mr. Valinski spoke in favor of the Anaheim Bay Villas proposal. He asked the Commission to consider the Miller's impassioned plea for redevelopment on Seal Beach Boulevard. They're asking for a special privilege - investment by the City of Seal Beach to improve that street. In doing so, they're hoping their business will improve. Compare and contrast that with the Musso's application. The Musso's are willing to redevelop at his own expense for the benefit of Seal 4 City of Seal Beach Planning Commission - Minutes of October 7, 1998 . Beach Boulevard. We're talking about Seal Beach Boulevard to Landing Avenue. It wouldn't change the General Plan beyond that. The businesses beyond that won't be affected. That may be the reason people have not wanted to change the whole General Plan. He spoke in favor of rezoning Seal Beach Boulevard to R-1 and said he would personally deliver petitions to that effect. However, Mr. Musso has the largest piece of commercial property on Seal Beach Boulevard and he's saying it is no longer v;able for him. We've had a dream that artists and saJlptors would have their studios on the first floor and their homes above that. Nothing has materialized on that. The zoning has been in place but nobody has been willing to make the investment. Dave Bartlett * Huntinaton Beach Mr. Bartlett spoke as the representative for the Musso family. He asked the Commission to continue this item and reopen the Public Hearing so they might have the opportunity to respond to the Commission concerns expressed at the September 25th meeting. It is his understanding from discussions with the City Attorney that it would be good for the process if the property owner and himself could look at the issues raised and respond to them. They would look at how they could revise their plans in response to those concerns. They have been in this process for three months. They approached City staff, the City Council members, the neighbors and talked about this concept. They asked staff which direction to go. He said he was involved in the Seal Beach Boulevard Improvement Plan and was very aware of it. Unfortunately that plan never materialized. Only the objectives were implemented into the General Plan for the properties south of Landing Avenue. That's a key component. The Seal Beach Boulevard rezoning and the objectives that went into that particular plan, the goals for that plan, were only implemented with the Zoning Text Amendment for those properties south of Seal Beach Boulevard. We had all these discussions with City staff early on in this process. If they had known there would be this much objection there would have been additional consideration given on behalf of the Musso's whether or not to initiate this project. They were encouraged to initiate this project by City staff, by the neighbors and by some members of the City Council. That's why they're here today. They feel it would be beneficial for everyone involved because everyone seems to want Seal Beach Boulevard improved. He asked for a continuance to allow him to present their plan to the Commission for reconsideration. . David Friedman * 6th Street. Seal Beach Mr. Friedman spoke in favor of the Commission's denial of the Anaheim Bay-Villas project. This is not a forum for spot zoning or for changing the General Plan. This needs to be done in another forum. He was opposed to the Variance for the zero lot line houses because he was denied a Variance for setbacks. . 5 City of Seal Beach Planning Commission - Minutes of October 7,1998 . CONSENT CALENDAR Chairman Brown had two corrections to the September 23rd Minutes: c Page 8: He saw no problem with the first lot being a zero lot line but questioned why the other 8 lots had to be also. He said he had said he could see somebody requesting a zero lot line Variance on the first property. c Page 11: Add the word -jokingly"to -Chairman Brown jokingly said he resented Mr. Stein's comment that the meeting would need mediating". MOTION by Larson; SECOND by Hood to approve the Minutes of September 23, 1998 as amended. MOTION CARRIED: AYES: 5-0-0 Hood, Larson, Lyon, Cutuli, Brown SCHEDULED MATTERS 2. Consider request from Jim Watson for time extension on Conditional Use Permit 98-2, Variance 98-2 and Height Variation 98-1 . . Chairman Brown asked what the time limit was? Mr. Steele explained discretionary permits have to be exercised within a one- year period but the Commission may grant a one-year extension. MOTION by Larson; SECOND by Hood to approve an extension request for CUP 98-2, Variance 98-2 and Height Variation 98-1 for one year. MOTION CARRIED: AYES: 5-0-0 Larson, Brown, Hood, Cutuli, Lyon 3. Consideration of Resolutions 98-30,98-31 and 98-32 Anaheim Bay Villas * 321 Seal Beach Boulevard . Chairman Brown said it's unusual to have so many comments taken under oral communications on a project. He felt there might be a lot of misunderstanding on this project. He thought it would be appropriate it to continue or table this item. Mr. Steele said the Commission's action would depend on what they wanted to do. If they want to bring it back for further discussion and more Public Hearings the Commission needs to continue it and instruct staff to re-Notice the Public Hearing. Tabling it is not an option in this case because it's an application from 6 City of Seal Beach Planning Commission - Minutes of October 7, 1998 . an applicant; the Commission has to take some action. You table a matter if you want to take no further action. Chairman Brown said he had received many telephone calls on this application. So in consideration of the phone calls and many comments he would like to continue the matter for a month or two. And with that same Motion, request that the City Council authorize the Planning Commission to hold Public Hearings on Seal Beach Boulevard as a whole. Commissioner Hood said the Planning Commission has already passed a Motion. If they wish to reconsider that Motion they need a Motion by someone on the prevailing side and it needs a 213rrA vote. He noted the Commission could seek direction from the City Council. . Mr. Steele responded on the Roberts Rules of Order issue brought up by Commissioner Hood. We have previously discussed that the Commission has not taken a final action until it has adopted resolutions on a matter. Tonight would be that final action. Therefore the reconsideration rules don't apply until you actually take a final action. Your vote at the last meeting was to instruct staff to prepare resolutions of denial; this was done. The reconsideration issue would only arise if you actually adopted these resolutions. At this point, it would be appropriate to continue the matter as long as the Public Hearing is re-Noticed and all the procedural steps are adhered to. Chairman Brown asked about the Public Hearing. Mr. Steele explained the Commission closed the Public Hearing at the last meeting, therefore it would need to be re-Noticed. The Commission could continue it pending any request the Commission thinks appropriate by the Council. He said that if the Council doesn't want to give the Commission that authorization for any reason, the Commission would have to take a final action on this matter. Staff therefore requests the Commission continue the matter to a date certain or separate the two requests. . Mr. Steele said his understanding of what the applicant wants is a continuance so the applicant can go back, have discussion with the neighbors, and present to the Commission a revised plan to try to address some of the concerns expressed. If the Commission wants to hear that information it needs to have a Public Hearing. That would have to be re-Noticed. Chairman Brown said reopening the Public Hearing is not something he wanted to do without the Council's authorization to have Public Hearings on Seal Beach Boulevard as a whole from Pacific Coast Highway to Electric Avenue. If they don't give that authorization, and if the applicant wants to come back with different plans, what would happen? 7 City of Seal Beach Planning Commission - Minutes of October 7, 1998 . Mr. Steele said if the Commission does not want to reopen the Public Hearing to hear revisions from the applicant, then staff would encourage the Commission to take an action on the applicant's original proposal or ask the applicant to withdraw the original proposal. The applicant would probably ask you to take a final action and then file an appeal to the City Council. Chairman Brown said he wants to have a Public Hearing in conjunction with Seal Beach Boulevard as a whole. He thought that would allow the applicant to come in with a revised plan at that hearing. And, if they come back with a revised plan, we would re-Notice and have Public Hearings. Mr. Steele said, as acting staff tonight, he could convey that request to the City Council and let you know what they decide. VVhat happens beyond that is up to the Commission. Commissioner Hood said if the Planning Commission wishes to continue this matter, not to act on the resolutions tonight, and continue it to a time certain they mayor may not have direction from the Council. . Mr. Steele said if the Commission moves to continue the matter to a time certain, necessarily staff would need to re-Notice the Public Hearing to be able to meet the ten day deadline in advance of that hearing. Commissioner Hood said Mr. Steele was going to convey the Commission's wishes to the Council. By the time it gets back to the Commission, they would have told the Commission to go ahead or told us to pull out. That seems like that course would take care of what the Chairman wanted to do. Mr. Steele suggested that if that's the pleasure of the Commission that the Commission direct him to convey that to the Council at its next meeting. He would ask the question and try to get their direction back to the Commission at its next meeting on Odober 21st. The Commission discussed its schedule. Mr. Steele said if the City Council authorizes the hearings on Seal Beach Boulevard as a whole, would the Commission then authorize staff to Notice a Public Hearing on the matter without coming back to the Commission? MOTION by Hood; SECOND by _ to continue the Public Hearing on GPA 98- 2, ZC 98-2, VAR 98-5 re Anaheim Bay Villas to November 4, 1998. MOTION FAILED due to lack of a Second. . 8 City of Seal Beach Planning Commission - Minutes of October 7,1998 . Before the vote, Mr. Steele said he would put the question on the Council's agenda for October 12". If the Council authorizes the Commission to hold hearings on Seal Beach Boulevard as a whole we will then agendize and Notice November 4, 1998 as a Public Hearing for Seal Beach Boulevard as a whole and this project additionally. Chairman Brown said, MLet me be clear. I don't want to hold Public Hearings on this project before we hold Public Hearings on Seal Beach Boulevard as a whole. That would not make any sense to do. I want the Public Hearings on Seal Beach Boulevard first. M Commissioner Larson said the Commission should then deny this project. . Chairman Brown said no, that need not be done. He asked why couldn't the Commission continue the Anaheim Bay Villas project for a month. At that point we'll know which way we're headed. If we're headed in that direction, the Public Hearings could be reopened then. If we're not going to have Public Hearings on Seal Beach Boulevard as a whole, the Commission has already made its decision on the project based on prior Public Hearings. Again, holding Public Hearings would allow the applicant to return with a revised plan. Commissioner Hood said he agreed completely because the public said tonight the Commission could have been engaging in spot zoning. Rather than discussing a particular project the Commission should discuss Seal Beach Boulevard as a whole first. Mr. Steele said that's a matter of opinion. He pointed out that the Commission has a specific application from a specific applicant for a project. At a certain time the Commission has to take an action to give that applicant his rights to a hearing and a decision. Commissioner Hood said it would be far better to come up with a project which could be tailored to the area's plan. That would avoid the challenge of spot zoning and it would allow the applicant a fair chance. It costs applicants money to prepare new plans. Mr. Steele said what's 'fair" and what's Ma good idea- are entirely up to the Commission and he was not advising on that. However, he disagreed only with the spot zoning issue. He said this is not a case of spot zoning as legally defined. Commissioner Cutuli asked if the applicant wants to withdraw the application at this time? . Chairman Brown said he thought the Commission could delay for one month. If the applicant wishes to withdraw, they can withdraw at any time. But if the 9 city of Seal Beach Planning Commission - Minutes of October 7. 1998 . Commission continues for a month, in the meantime we can ask the Council their issues. MOTION by Brown; SECOND by Hood for staff to ask City Council to authorize the Planning Commission hold Public Hearings on Seal Beach Boulevard as a whole and to continue the Anaheim Bay Villas application for one month. Before the vote, Commissioner Larson asked to have the Motion repeated. He said he could vote for this Motion but indicated he had voted against denial of this project. Public Hearings are important and if the people who spoke tonight had been present at the last Public Hearings his vote would have been different. He could not vote on some other plan without the full evidence. At the first hearing there was nobody particularly opposed to this. If the Planning Commission were going to reconsider this application he would like to have a Public Hearing on it. MOTION CARRIED: AYES: 5-0-0 Brown, Larson, Hood, Cutuli, Lyon PUBLIC HEARINGS There were no Public Hearings. . STAFF CONCERNS Mr. Steele said that for the Record four letters were given to the Planning Commission this evening. They were (1) A letter from the Mayor of the City of Los Alamitos dated September 28, 1998 re the Bixby project. Please bring this to the October 21st hearing. (2) Two letters. One is dated 1012/98 from Ken Bornholdt, lawyer for the Bixby Ranch Company. He protests the Commission's decision to continue the matter to 10/21/98. The other is dated 10/6198 from Mr. Steele replying to Mr. Bornholdt. This letter explains why the Commission continued the matter and the City's position on the various protests. (3) This is a memo regarding Mr. Brief and the settlement agreement. (4) A letter from Mary Marine Johnson, 206 Ocean Avenue, dated 10/6198, in favor of the hearings on Seal Beach Boulevard. Chairman Brown said staff should have mentioned Ms. Johnson's letter at the appropriate time. COMMISSION CONCERNS Bixbv Ranch Towne Center Commissioner Larson asked how long does the Commission expects the Bixby Public Hearings to last? Will we run into scheduling problems? . 10 . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,- 29 Cj~ 30 00-.... '\ 31 J an Fillmann 32 Executive Secretary 33 Planning Department 34 35 36 37 38 39 40 City of Seal Beach Planning Commission - Minutes of October 7, 1998 Chairman Brown said that based on previous hearings, and based on head counts of people present at the last Planning Commission meeting, it appeared the Planning Commission could wrap up its hearing in one meeting. Ms. Fillmann advised the Commission that Andi Culbertson would not be present at the October 2111I meeting. Seal Beach Boulevard Commissioner Lyon said the Commission should investigate all of Seal Beach Boulevard. How many lots are involved how many have buildings on them, which are commercial and which are residential, what the taxes are. These factors must be made available. Staff should prepare a statement with these facts. He said he went to the liquor store on the comer of Seal Beach Boulevard and Pacific Coast Highway and the owner didn't know anything about this project. He showed the owner the plans. Commissioner Cutuli agreed that the Commission must proceed in an organized fashion, not changing the General Plan on a whim, but by getting facts and directive from the City Council. Chairman Brown indicated that the Planning Commission follows the rules set by the City Council. ADJOURNMENT Chairman Brown adjourned the meeting at 9:00 p.m. Respectfully Submitted: - APPROVAL: The Planning Commission Minutes of October 7,1998 were approved by the Commission on November _ 1998. _ 11