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Home My WebLink AboutPC Min 1998-09-09 e e e ~ j ... CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for SEPTEMBER 9, 1998 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA 90740 Next Resolution: 98-27 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 August 19, 1998 2. Receive and File: Staff Report to City Council, dated August 24, 1998, re: Status Report - Marina Shores Project, City of Long Beach. 3. Receive and File: Staff Report to City Council, dated August 24, 1998, re: Receipt of OCCOGI "Air Quality Update" and Priority Legislation Bill Tracking 4. Receive and File: Staff Report to City Council, dated August 24, 1998, re: Receipt of OCCOG Technical Assistance Program Report re "Energy Policy Act", 5. Receive and File: Staff Report to City Council, dated August 24, 1998, re: Receipt of OCCOG Technical Assistance Program Report re "PM 2.5". VI. SCHEDULED MATTERS 1 Orange County Council of Governments . . - 1: City of Seal Beach Planning Commission * Agenda of September 9, 1998 VII. PUBLIC HEARINGS 5. Conditional Use Permit 98-12 [Continued from 7/22/98 meeting] Address: Business: Applicant: Property Owner: Request: 1101 Pacific Coast Highway Vons Pavilions The Vons Companies The Geigerich Company To allow the existing Pavilions market to operate from 2:00 a.m. to 6:00 a.m., allowing a 24-hour business operation. Approval, through the adoption of Resolution No. 98-_, subject to Conditions of Approval. Recommendation: 6. Bixby Old Ranch Towne Center o Certification of Final EIR o General Plan Amendment 98-1 to: Land Use, Open Space/Conservation/Recreation, 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 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 Existing Existing Proposed Desianation General Plan Zonina General Plan/Zonina R_G2 203.01 acres 196.31 acres 158.00 acres C_23 15.3 acres 22.0 acres 33.97 acres PLU4 0.0 acres 0.0 acres 27.24 acres TOTALS: 218.31 acres 218.31 acres 218.31 acres 2 Recreation/Golf 3 General Commercial 4 Public Land Use 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 . City of Seal Beach Planning Commission * Agenda of September 9, 1998 Recommendation' 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 VII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT e e 3 The City of Seal Beach compiles with the Amencans With Disabilities Act of 1990 If you need assistance to attend thiS meeting, please telephone the City Clerk's Office at (562) 431-2527 at least 48 hours In advance of the meeting. Thank you e City of Seal Beach Planning Commission" Agenda of September 9, 1998 1998 AGENDA FORECAST D SEP 17 (Continued meeting) D Review # 2: Bixby Ranch Co. proposal (LW/ D SEP 23 D Review # 3: Bixby Ranch Co. proposal (LW) D GPA 98-1, ZC 98-1 & VAR 98-5 @ 321 Seal Beach Boulevard (KK) D Tentative: Plan Review for 53 Riversea Rd. (KK) D CUP 98-14 @ Lampson Ave. for Marriott Senior Care facility. (KK) D OCT 06 D Public Hearing on Howard Brief matter (CS) D OCT 20 D Study Session: Three-story structures on Main Street (LW & KK) D Study Session: Height Limits in Commercial Zones (P.Campbell 7/27/98) (LW & KK) e D NOV 04 D Study Session: Noise Standards in C2 Zones (P. Campbell 7/27/98) (KK) D Study Session: Permitted Uses & Development Standards in Commercial Zones [From 5/6/98] (KK) D Staff Report re Undergrounding of Utilities (K) D Staff Report: Update on Decks along Crestview Avenue NOV18 D ZTA on issue of side-yard setbacks along stub streets in the Gold Coast area of Ocean Avenue (from 3-4-98)(KK) DEC 09 DEC 23 e 5 Reviews of the Bixby Ranch Co. proposal are estimated, subject to the number of reviews the Planning Commission desires to hold. 4 The City of Seal Beach complies with the Amencans With Disabilities Act of 1990 If you need assistance to attend this meeting, please telephone the City Clerk's Office at (562) 431-2527 at least 48 hours In advance of the meeting. Thank you e City of Seal Beach Planning Commission * Agenda of September 9. 1998 1999 Agenda Forecast JAN FEB MAR APR MAY JUN JUL AUG SEP OCT . NOV DEC 12147 Seal Beach Boulevard * Seal Beach Market * Review #47 license. Sales began 2-10-98. CUP 98-8 * 12161 Seal Beach Boulevard * Champs Drive Thru Window Review at 12 months. And Beyond... Calendar: April 2001: CUP 98-6 @ 12147 Seal Beach Boulevard (Yucatan Grill) Review ADA handicapped-accessible restroom. (36 months from April 1998). e 5 The City of Seal Beach compiles 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 ;,'~ 0,,' \ . . . . . City of Seal Beach Planning Commission Minutes of September 9, 1998 The regularly scheduled Planning Commission meeting of September 9, 1998 was called to order by Chairman Brown 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 Lyon, Larson, Hood, Cutuli Also Present: Department of Development Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Kyle Kollar, Associate Planner Joan Fillmann, Executive Secretary AGENDA APPROVAL Mr. Reg Clewley requested item #1 be removed for separate consideration. Commissioner Hood requested #6 be removed. He said the Planning Commission had agreed to not begin their hearings on the Bixby Ranch Company's project proposal prior to the Environmental Quality Control Board's (EQCB) finalizing their recommendation. Because the EQCB has one remaining meeting, the Planning Commission should wait to hear this project proposal. MOTION by Hood; SECOND by Brown to amend the agenda as follows: o Remove item #1 for separate consideration. o Remove item #6 from tonight's Agenda and postpone the hearings until the EQCB has completed their meetings on this proposal. Allow the staff report to be presented but to not have Public Hearings tonight. o Approve Receive and Files items 2-5 as presented: 1. Receive and File: Staff Report to City Council, dated August 24, 1998, re: Status Report - Marina Shores Project, City of Long Beach. 3. Receive and File: Staff Report to City Council, dated August 24, 1998, re: Receipt of OCCOG' "Air Quality Update" and Priority Legislation Bill Tracking 4. Receive and File: Staff Report to City Council, dated August 24, 1998, re: Receipt of OCCOG Technical Assistance Program Report re "Energy Policy Act", 1 Orange County Council of Governments . .. , . City of Seal Beach Planning Commission * Minutes of September 9, 1998 5. Receive and File: Staff Report to City Council, dated August 24, 1998, re: Receipt of OCCOG Technical Assistance Program Report re "PM 2.5". Mr. Whittenberg asked to address the Planning Commission regarding the Bixby proposal and the Commission denied his request. Commissioner Larson asked for two/separate motions. Mr. Steele said that was unnecessary. The Chair preferred one motion. MOTION CARRIED: AYES: ABSTAIN: NOES: 2-1-2 Brown, Hood Larson Cutuli, Lyon Initially the Commission thought the Motion failed. On reviewing the vote they realized it had passed. ORAL COMMUNICATIONS . Item #1: Minutes of Auaust 19. 1998 Rea Clewlev * Catalina Avenue Mr. Clewley said he was concerned about the outcome of the Planning Commission's vote; he believed the vote carried. There was a motion on the floor to postpone the Public Hearing on the Bixby proposal. He said there were two green lights, two white lights and one red light. Two in favor, two abstentions and one opposed. The motion carried 2 - 1. The Public Hearing has been postponed until the EQCB has completed its work on the subject. Mr. Steele said he couldn't see the voting lights but the Chairman had announced the vote as 2-2-1 - two yes, two no and one abstention. The Chair said no, he announced two yes votes, two abstentions and one no vote. He thought the City Attorney had corrected him. Mr. Steele said if that was the correct vote, the motion carries. David Rosenman * Seal Beach Mr. Rosenman said he was not going to address a Public Hearing item but would address the procedure. As the former Chairman of the EQCB, if one board chooses to override or disregard what another board it engenders disrespect for both boards and for the whole process. . 2 . City of Seal Beach Planning Commission · Minutes of September 9, 1998 CONSENT CALENDAR MOTION by Hood; SECOND by Cutuli to approve the Consent Calendar as amended, thus approving items 2-5 as presented in the Agenda. MOTION CARRIED: AYES: 5-0-0 Hood, Cutuli, Lyon, Larson, Brown Item #1: Plannina Commission Minutes of Auaust 19. 1998 Rea Clewlev * Catalina Avenue Mr. Clewley said he felt the Planning Commission minutes of August 19, 1998 were "mangled" because they missed his point about a conflict of interest that former Commissioner Dahlman had perpetrated in writing a minority staff report re ZTA 96-1. While Commissioner Dahlman spoke during the Public Hearing as a private citizen this didn't constitute a conflict of interest. His conflict of interest was in writing a minority staff report and Mr. Clewley said this was criminal. . Mr. Clewle~ said there are other problems associated with his comments of August 19t as they were eliminated. He questioned why a copy of his letter wasn't attached to the minutes for general distribution. "Anything that said anything bad from this local agency's point of view is not going to be recorded in the minutes". Mr. Clewley said the agenda packet was not posted in the Mary Wilson Library as required by law. He said staff had told him to "get his bum" to the library and read the packet there. One of the librarians told him it had not been received. The Chairman asked why his letter had not been attached to the minutes? Mr. Whittenberg explained the signed set of minutes, the permanent copy on file at City Hall, has the letter attached to them. It was not copied a second time because it had been given to the Commission at their last meeting. Regarding the issue of the agendas being posted, they were posted at City Hall as required by law. He posted it personally. Someone stole it. Another agenda was posted again this afternoon. The law does not require that all staff reports be posted but routinely the staff reports are included. The law requires the agenda to be made available to the public 72 hours prior to a meeting. This is not required by the Brown Act to be available at the libraries. Staff makes these materials available to the libraries as a convenience to the community. . The Chair asked Mr. Steele what happens if the agenda is posted and then stolen? 3 . City of Seal Beach Planning Commission * Minutes of September 9, 1998 Mr. Steele said the agenda itself is required to be posted 72-hours in advance. The packet is never required to be posted although it is required to be made available to the public. If it was posted 72-hours in advance, that's legal under the Brown Act. It's required to be posted in a public place and one of the pitfalls of public places is that it can be removed. Once staff knew it was removed staff replaced it. Commissioner Hood asked about Mr. Clewley's going to City Hall to review the agenda packet and being told to go to the library to read it. Mr. Whittenberg said staff does not direct a person to take their anatomy anyplace. We will inform a person where they can go to get the information. The agendas are routinely dropped off at each City library. The Chair corrected the minutes at page 5, saying the third "bullet" should read "within the setback you can have a ground level deck". This will be corrected. MOTION by Hood; SECOND by Cutuli to approve the Planning Commission Minutes of August 19, 1998, as corrected by Chairman Brown. . MOTION CARRIED: AYES: 5-0-0 Hood, Cutuli, Larson, Lyon, Brown PUBLIC HEARINGS 6. Conditional Use Permit 98-12 1101 Pacific Coast Highway * Vons Staff Report Mr. Kollar presented the staff report. [Staff report on file in the Planning Department for inspection]. The applicant, Vons Companies, requested a CUP to allow the existing Pavilion's market to operate from 12:00 a.m. to 6:00 a.m., allowing a 24-hour operation. Four letters from residents opposing the increased hours were received and presented to the Planning Commission. Commission Questions Chairman Brown said he was missing page 2 of the hand written letter dated July 22, 1998. Mr. Kollar found this in the file and read the three remaining lines and signature. . Commissioner Cutuli asked if comparison studies had been done with area markets? Mr. Kollar said no; staff focused on this particular market. The City's Police Department had no problems with this establishment. 4 . City of Seal Beach Planning Commission * Minutes of September 9, 1998 Chairman Brown asked if commercial deliveries were allowed between 2:00 a.m. and 6:00 a.m.? Mr. Kollar said the CUP the market enjoys does not specifically preclude deliveries. The market management suggests that as a general operating procedure they don't receive commercial deliveries during those hours. Chairman Brown indicated that, as a compromise, staff proposes prohibiting commercial deliveries between 2:00 a.m. and 6:00 a.m. Mr. Whittenberg said currently their delivery hours have no prohibitions. Public HearinQ . Nancv Patterson of Urban Solutions * Del Mar, CA Ms. Patterson said she represents Vons in this application. She said this request was generated by customer requests to the store itself. Vons has read the staff report and accepts all the conditions. Regarding concerns of area citizens, she said the Conditions of Approval have very strong language, which should protect any future problems from the store. Currently there are no delivery curfew hours and Vons is willing to abide by curfew hours. Condition #2 restricts delivery and trash disposal. This is a 12-month CUP and must be reviewed at that time. Regarding selling alcoholic beverages, there have been no problems stemming from the store that the Police Department has been aware of. The two additional hours should not create any problems. None of their other stores have seen any additional problems due to extended problems. This application is approximately the 50th store they've received approval for. Chairman Brown asked if the pharmacy would be open? Ms. Patterson said she thought the pharmacy closed at 9:00 p.m. Commissioner Hood asked if they stocked merchandise during the hours they were closed? Ms. Patterson said yes, merchandise is stocked during closed hours. No persons spoke in favor of this application. The following persons spoke against of this application: . Kav Bartel * 920 Coastline Drive Ms. Bartel asked the Planning Commission to deny this application saying that when Von's purchased this store in 1989 they had the right to operate 24-hours daily. They voluntarily chose to close at midnight. She said people could go to 5 . City of Seal Beach Planning Commission * Minutes of September 9, 1998 Ralph's in Marina Pacific if they need to shop late at night. She complained about the noise caused by car alarms being set. David Rosenman * 8th Street Mr. Rosenman said he would have liked to see more information on the alcohol use included in the staff report, specifically the figures on over-concentration and crime statistics. He thought there had been an agreement from the City Council and Planning Commission that no alcohol use would be intensified. He felt people needed to shop at night could go to other markets. He suggested this item be carried over to the next Commission meeting to allow additional input or leaving the liquor purchase hours unchanged. . Rea Clewlev * Catalina Avenue Mr. Clewley spoke in opposition to this application, citing public safety issues. He said because the market would be open 24-hours daily, there would be danger to the employees due to assaults from people coming in and making off with all the merchandise, robberies. He cited the murder at a 24-hour gas station. Alcohol sales stopping at midnight is reasonable. If open 24-hours a day "you'd have all the alcohol on the shelves and whether the applicant has agreed not to sell it or not, there is really nothing that prevents drunken individuals in the middle of the night, 3:00 a.m., after they've drank up everything they've got to go in and grab what's on the shelves and just simply run out the door". This is a public safety issue and there will be lots of police calls on it. lilt's not very far for them to make a clean getaway, where they'll never be caught. They could lay out underneath the pier. It's a threat to our community to have this store open 24-hours a day". He suggested switching the location of the liquor with the milk, placing it to the back of the store so the liquor would not "be easily run off with". He suggested they should keep the pharmacy open 24-hours per day as a public/community service. David Rosenman * 8th Street Mr. Rosenman clarified that there is no pharmacy in this Vons. Rebuttal The applicant did not wish to rebut. The Chairman closed the Public Hearing. Commissioner Deliberations Commissioner Cutuli asked if there had ever been a 24-hour supermarket in that location? . Mr. Whittenberg said no. This location had the authority to operate 24-hours a day previously under previous City codes. However, to the Director's knowledge 6 . City of Seal Beach Planning Commission * Minutes of September 9, 1998 they never stayed open 24-hours. Certain gasoline service stations stay open 24-hours per day but they would have only snack items for sale. Mr. Kollar read page 2 of the'following letter: "We did not ever expect it to take place 24-hours daily. I see no reasons for granting the CUP. Thankyou for considering my comments. Helen Robinson, 910 Coastline Drive, Seal Beach:'. Commissioner Hood said there are several citizen complaints against this application and the only proponent is the applicant. However, since the store already has employees in the store stocking merchandise, this is a nice excuse to open the doors, make sales and defray their own costs for not much cost to them. The cost to the community would be significant. Chairman Brown said he thought the staff came up with a good compromise --- no deliveries during the early morning hours in exchange for opening the front doors. He did not hear from the residents that they liked this idea. It doesn't seem like people are in favor of this and there are people opposed. There is no compelling community interest. He would vote to deny. . MOTON BY Larson; SECOND by Cutuli to approve Conditional Use Permit 98-12. MOTION CARRIED: AYES: NOES: 3-0-2 Larson, Cutuli, Lyon Brown, Hood *** MOTON BY Larson; SECOND by Cutuli to approve Resolution No. 98-27, thus approving Conditional Use Permit 98-12, subject to Conditions of Approval. MOTION CARRIED: AYES: NOES: 3-0-2 Larson, Cutuli, Lyon Brown, Hood Mr. Steele advised that the ten calendar-day appeal period to the City Council would begin tomorrow morning. . 7 . City of Seal Beach Planning Commission * Minutes of September 9, 1998 PUBLIC HEARINGS continued... 2. Bixby Old Ranch Towne Center 3900 and 3901 Lampson Avenue The applicant and property owner, Bixby Ranch Company, has applied to the City for 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. The application needs: . Cl Certification of Final EIR Cl General Plan Amendment 98-1 to: Land Use, Open Space/Conservation/Recreation, Bicycle Route, Housing, Circulation and Noise elements Cl Zone Change 98-1 Cl Tentative Parcel Map No. 97-165 Cl Tentative Tract Map No. 15767 Cl Development Agreement Ken Bornholdt. ESQ. * Law Offices of Walter & Bornholdt Mr. Bornholdt introduced himself and indicated his law firm represents the applicant, the Bixby Ranch Company. He expressed Bixby Ranch Company's objection and disappointment to the continuance of this Public Hearing. He said the Planning Commission should be aware of the following matters: Cl Deadline under CEQA that the Commission has to take action on this environmental document. It's not a mandatory guideline; it's a one- year period of time you have to take action. By delaying action on this EIR at the Commission level, waiting for the EQCB, you are shrinking the amount of time the City Council will ultimately have to consider this document. Cl There is no guarantee, if ever, the EQCB is going to take any action. Bixby Ranch Co. wants to be patient, wants to cooperate and has cooperated with the City through this environmental process. They are still willing to do that but there is a limit to how far you can reasonably expect an applicant to wait for the City to take action on an environmental document. That's why he brought up this statutory guideline of one year. . Cl They respectfully suggested that it is not a good idea to present the staff report tonight, not knowing when, if ever, your Public Hearing is going to be on this project. The longer that time lapse is, between the staff report tonight and your ultimate Public Hearing, the fainter 8 . City of Seal Beach Planning Commission · Minutes of September 9, 1998 everyone's memory becomes. You are going to forget a lot of what staff tells you tonight. It might actually jeopardize the Public Hearing process and may create a flaw in the Public Hearing process because when the Public Hearing is held, who is going to go first? You're going to refer back to a staff report that may have occurred 30 or 60 days ago. That's not fair to the public or the applicant. There's no prohibition under City ordinances from proceeding without a formal recommendation from the EQCB. We don't mean to suggest you should do that, we only mean to suggest there is a time at which the City has to take action on this environmental document under CEQA. He didn't think it was a forever time period. He said Bixby wants the Record clear that we'll be patient but only up to a certain point. He hoped the Commission understood that they're trying to be reasonable. . Chairman Brown said Mr. Bornholdt was not present at a prior Planning Commission where they discussed this issue. While the Commission has had previous problems with the EQCB and at that time the Commission determined to proceed after waiting for them. We said that this time the Commission would give them a reasonable time to complete their report. The Commission is going to base its discussions on their report, the adequacy of the document. It does a disservice to the members of the EQCB who are sitting on that Board as unpaid members, giving of their time, to do their best to look at a project and come to a decision on that. Regarding the staff report, the last time the City had a Bixby project proposal the Commission held 3 or 4 Public Hearings and at each meeting there was a brief recap of the staff report rather than the complete presentation. Finally, the Commission will allow the EQCB to finish. We would request from the EQCB the same respect that the Commission is showing them - -- in that they proceed expeditiously in finishing. The Commission had concern the last time that they were not doing that and that is why the Commission went ahead with its hearings. The EQCB has had three meetings and their next scheduled meeting is September 3D, 1998. To keep the playing field fair, at the Commission's first meeting in October, whether of not the EQCB is finished, the Commission will proceed. Mr. Whittenberg said the Planning Commission's first meeting in October is on Wednesday, October ih. The Chair said that should give the EQCB plenty of time to finish their hearings. . Mr. Bornholdt said the Motion was to continue the matter until a final decision of the EQCB. He heard the Chair say some different now --- which is that if the EQCB does not make a decision by a certain date that the Public Hearing will go forward on a date certain. He encouraged the Commission to consider that type of action. That would give a fair shake to both the applicant and the Board. 9 . City of Seal Beach Planning Commission · Minutes of September 9, 1998 Chairman Brown said that was the intention of the Motion, to not have the Public Hearing at this time. Mr. Steele said he understood the Motion to be to not hold the Public Hearing tonight but to have the staff report. The Motion did not extend as far as Mr. Bornholdt suggested. Chairman Brown said the reason for not holding the Public Hearing was because the EQCB report was not finished. From his point of view, he said he is considering their report part of the staff report. In his mind, the staff report is not complete. Commissioner Hood said he had comments for Mr. Bornholdt. The Chair asked Commissioner Hood to wait, saying he would rather proceed on with the staff report. Mr. Bornholdt asked if he was correct to understand there is no Public Hearing scheduled tonight? . Chairman Brown said "We'll make a decision on when to hold the meeting, when to hold the Public Hearing, at the end of the staff report tonight". Commissioner Larson said to wait. If there's no Public Hearing these people can leave. If the Commission says at the end of the staff report that it's going to have a Public Hearing ... Chairman Brown said the Commission would have to make a decision at some point on what date this will be continued to. . Commissioner Larson said "I don't know who to be madder at ---- the staff or the staffll. The Commission discussed this issue before and at that time he said the Planning Commission has a jurisdiction, and has an obligation to the public and the applicant. It was discussed back and forth. He said he didn't want this board to be captive to another board. A vote was taken, he voted to no, to say the Planning Commission will wait and it won't have a hearing until the Commission gets something from the EQCB. It was his understanding that the Bixby proposal would not be scheduled before the Planning Commission until we got the report. He assumed we had the EQCB when we scheduled this. Subsequent dates have been scheduled to hear the Bixby proposal. Many Commissioners canceled meetings to attend. Now we're not going to have a Public Hearing at all. The Commission should not let people leave here tonight without first knowing when the Commission will start these public hearings. If the EQCB can't get their act together by the time picked in October then so be it --- the Commission should go ahead. If it's left that the EQCB can doddle some more and we drag people down here and then send them away --- it's not fair --- it makes the whole City look foolish. 10 . City of Seal Beach Planning Commission · Minutes of September 9, 1998 "I Commissioner Hood said, "I rise to a point of parliamentary privilege. This is a point of order. Technically where we are in Roberts is that we have had a Motion, which we have made and duly seconded and passed. If we wish to reverse that decision then the Motion re reverse that decision and someone who voted must make the Second on the prevailing side. I'm quoting from Roberts. And, you must have a vote to reverse it. That is what you would have to do to reverse something when the Minutes have not yet been written and the Minutes are not yet made and the meeting is not yet adjourned. So, therefore, we could not possibly reverse this. Mr. Bornholdt is shaking his head "yes" so he knows his Roberts. We cannot reverse what we have done unless one of the two people who voted on the prevailing side move to reverse that decision. That's where we are in Roberts". The Chair said he didn't hear anybody ask the Commission to reverse its decision. He was hearing people ask for a date when the Public Hearing would be held. . Mr. Steele said either this meeting must be continued to a date certain because we have a hearing scheduled for tonight. Or, the matter must be tabled and re- Notice it -- start all over again. Staff would suggest that once the Commission hears the staff report it sets a date for the continued Public Hearing --- a date certain. If after hearing the staff report the Commission feels it can't continue to a date certain, then it will have to be discussed at that time. Staff strongly suggests that now, or at the end of the staff report, the Commission continue this matter to a date certain. That would be consistent with the Commission's earlier action and it would not require a Motion for reconsideration. The Chair said it was his intention to do that at the end of the staff report. Commissioner Larson said he wanted to set the date now. People are present in the audience and may chose to leave because they can't testify. This way they would know when they should come back. Mr. Steele said staff suggests the Public Hearing on the Bixby project proposal be continued to Wednesday, October 7,1998. This is the Commission's first regular meeting after the EQCB's September 30th meeting. Mr. Whittenberg said he has scheduled a vacation from September 30 through October 12. He will not be in attendance that evening. The applicant will make a presentation however and public testimony will be taken. The consultants will be present. . The Chair said it's conceivable that the Planning Commission could make a decision on October ih and would not need a third meeting. 11 . City of Seal Beach Planning Commission * Minutes of September 9, 1998 Mr. Whittenberg said that may be. The staff report has resolutions prepared for the Commission for action based on staffs recommendation. If the Commission disagrees with staffs recommendation(s) then staff would have to return with new resolutions. The Chair said he didn't think the Planning Commission would want to finalize their decision when the Planning Director was not present. And yet, the Commission wouldn't want to extend this to October 21 st. Commissioner Cutuli asked when the one-year time frame began? When was the application submitted? . Mr. Steele said the start date of the one-year period is u... a little bit uncertain. Depending on who you talk to you'll get a different answer". The basic CEOA requirement is that we move forward expeditiously to complete and certify the EIR. If it takes a year and two weeks he didn't think anybody would get upset. However, if it takes 18 months it might be a problem. The applicant has expressed a certain amount of patience in terms of the time line. Staff narrows the fairest argument is that sometime in mid-October 1997 is the date the application was complete. October 1998 would be the end of a one-year penod that is not an absolutely mandatory deadline. No penalty attaches. It's a guideline. As long as the City moves forward in an expeditious and fair manner the applicant will have patience. There is a certain amount of flexibility in that guideline. Staff encouraged the Commission to make sure we all keep moving forward on this issue. Mr. Steele added that he is talking about a certified EIR, which means the City Council must act as well. So we have to leave time for their deliberations. The Chair said there is still the problem of the Director's vacation. It's a serious problem. If the Commission has questions of staff he is the most experienced person and it's best if he's present. The Commissioners and staff discussed alternate dates they would be available and conflicting schedules. Mr. Whittenberg said the EOCB is aware he will not be present at their September 30th meeting. The Chair suggested having the Commission's Public Hearing on October ]'h. The Commission agreed. . 12 . City of Seal Beach Planning Commission · Minutes of September 9, 1998 MOTION by Hood; SECOND by Lyon to adjourn the Public Hearing on (] Certification of Final EIR (] General Plan Amendment 98-1 to: Land Use, Open Space/Conservation/Recreation, Bicycle Route, Housing, Circulation and Noise elements (] Zone Change 98-1 (] Tentative Parcel Map No. 97-165 (] Tentative Tract Map No. 15767 (] Development Agreement to the regularly scheduled Planning Commission meeting of October 7, 1998. MOTION CARRIED: AYES: 5-0-0 Hood, Lyon, Brown, Larson, Cutuli Commissioner Larson asked if the Howard Brief in-lieu parking fee matter would also be heard on October ih? Mr. Steele said yes. . The Chair said the Planning Commission would hold a Public Hearing on this matter on October ih. If the Commission feels it can complete its deliberations without Mr. Whittenberg's insights it will do so. If not, another meeting will be held. Staff Report Mr. Whittenberg delivered the staff report. [Staff report on file in the Planning Department for inspection]. RECESS: RECONVENE: The Commission recessed at 9:15 p.m. The Commission reconvened at 9:27 p.m. Consultant Presentation . Andi Culbertson. President * Culbertson Adams & Associates Ms. Culbertson gave a general overview of the DEIR for the Bixby Ranch Towne Center project proposal. The DEIR was distributed on April 15, 1998 which began the 45-day review period for the EIR; ending May 29, 1998. Approximately 81 comments were received during the formal review period. Consistent with State law, the City and their office provided a written response to each comment. In connection with the EQCB meetings, public comments were submitted orally and in writing, written responses were provided to those even though they were received after the review period had closed. In the EIR there are 91 mitigation measures for the identified impacts. In addition, in the course of public comment, improvements to mitigation measures 13 City of Seal Beach Planning Commission * Minutes of September 9, 1998 . were suggested. Ten mitigation measures were altered based on these suggestions. Then seven mitigation measures were added for a total of 98 mitigation measures as of today's date. There are unavoidable impacts as a result of the proposed project and in spite of the mitigation measures. These are: a Transportation: Two intersections are affected by the project. They are outside of the City, in Los Alamitos. They are KatellalLos Alamitos Boulevard and KatellalBloomfield Street. The City of Los Alamitos does not support the mitigation measures. a Trees: 464 trees would be removed by improvements to the right-of- way or by the commercial development. The EQCB has suggested a parkway concept to protect these trees. It resulted in a significant prop in the impact to the trees - some 80% of those trees will remain. a Air Quality: Proximity to the 405 and 22 freeways create carbon monoxide area. The carbon monoxide concentrations will be over State standards for an eight-hour period. Carbon monoxide is a persistent pollutant and there are no effective mitigation measures for these emissions. . a Loss of 78 Acres of Prime Farmland: These are agricultural soils, which the State inventories. a Socio-Economics: This project is considered job-rich and would create approximately 790 new jobs. However the project does not create any new housing in a regional balance and therefore there is an impact to housing as a result of creating new jobs. Regarding the EQCB, it has become apparent that there are differences of opinion on how conclusions regarding the data were reached. The material in the EIR is professionally developed and in accord with professional standards. Their office believes thoughtful responses have been made to all comments. Nonetheless, they expect controversy on how the traffic numbers were generated, on the degree to which one can rely on the airport installation's compatibility use zone study and on the degree which tree mitigation has been stated. The consultants are prepared to answer those concerns. Mr. Whittenberg referred back to the staff report: . a Paaes 23-29: Regarding General Plan policies. Staff strongly urges the Commission to review that discussion. Staff feels that is one of the major bases for recommending approval of the project as presented. 14 . . . \ City of Seal Beach Planning Commission * Minutes of September 9, 1998 o Attachment 11 - Staff has received a number of written communications regarding the project itself and they are provided in Attachment 11. There are 4 letters in opposition to the project as whole. There are 47 letters supporting the church use. He broke them down by which cities the letters came from. Staff said they were available for questions. Commissioner Larson objected, saying people had ~one home anticipating another hearing. It would be better to wait until October 7 . The Commission briefly discussed procedural matters and anything that might need to be taken care of at this point. No actions were taken. Mr. Steele said this matter would not be re-Noticed for October 7, 1998. The Commission's action to continue this Public Hearing is to rely on the original Notices. Mr. Whittenberg said a press release would be provided to the newspapers indicating the Bixby project will not be heard by the Planning Commission on September 17 and 23 but on October 7 instead. It will go to the Sun newspaper, the News Enterprise, the Press Telegram, the Orange County Register and the Los Angeles Times. How they decide to deal with that press release will be up to those individual newspapers. Commissioner Hood said there could be a storm of protests if the word is not gotten out on this. STAFF CONCERNS Mr. Steele noted that prior to tonight's meeting staff had the opportunity to meet with Commissioners Cutuli and Lyon to do the normal "new Commission" orientation. He gave to all the Commissioners copies of materials provided to the new Commissioners. Mr. Whittenberg suggested the Planning Commissioners keep their staff report on the Bixby project and the handouts, as they will not be provided again. COMMISSION CONCERNS The Chair asked if staff knew what happened at the Coastal Commission hearing today on the Hellman project? 15 City of Seal Beach Planning Commission" Minutes of September 9, 1998 . Mr. Whittenberg said the City Manager called to say they had not started consideration of the Hellman project at 2:30 p.m. He was not sure if they would finish today or carry things over to tomorrow. ADJOURNMENT Chairman Brown adjourned the meeting at 9:45 p.m. Respectfully Submitted: ~D~~ Jo n Fillmann Executive Secretary Planning Department APPROVAL: The Planning Commission approved the Minutes of September 9, 1998 on September 23, 1998. ~ . . 16