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HomeMy WebLinkAboutPC Min 1998-06-17 ~ CITY OF SEAL BEACH PLANNING COMMISSION . AGENDA for JUNE 17, 1998 7:30 P.M. · City CouncU Chambers 211 Eighth Street, Seal Beach, CA 10740 Next Resolution: 98-22 I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. AGENDA APPROVAL By Motion of the Planning Commission, this is the ti~e 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 June 3, 1998. 2. Minute Order- Hotchkiss v. City of Seal Beach VI. SCHEDULED MATTERS 3. Receive and File: Status Report re Interim Ordinance on 3-Story Structures within the Main Street Specific Plan area. . 1 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'. Office at (562) 431.2527 at least 48 hours in advance of the meeting. Thank you. . . . City of Seal Beach Planning Commission * Agenda of June 17. 1998 VII. PUBUC HEARINGS 3. Conditional Use Permit 98-9 Address: Applicant: Property Owner: Request: Staff Reconvnendatlon: VIII. STAFF CONCERNS IX. COMMISSION CONCERNS ~ ADJOURNMENT 1110 Electric Avenue John K. Pertulla, Architect Richard King Major remodel to single family residence Approve, subject to Conditions, through the adoption of Resolution No. 98-_. 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. Thankyou. City of Seal Beach Planning Commission * Agenda of June 17, 1998 . 1998 AGENDA FORECAST JUL 08 TENTATIVE: Plan Review 98-4 & Variance 9a-xx for 1013 Electric. Expansion of nlc garage with non-complying setbacks at alley. Letter to applicant on Variance requirement sent 5/12/98. JUL 22 AUG 05 AUG 19 SEP 09 SEP 23 OCT 06 OCT 20 . NOV 04 NOV18 DEC 09 DEC 23 TENTATIVE: Bixby Ranch proposal PC Hearings to follow EaCB hearings. VAR 93-1* 212 Main Street ($7300 finalln-lleu pmt) TENTATIVE: Review of decks et al backing to Hellman Ranch.1 TENTATIVE: Commercial Zones, Permitted Uses & Development Standards [From 5-6-98] 1 this Involves aprox. 130 properties. . 3 The City of Seal Beach compUes 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. Thankyou. city of Seal Beach Plaoolng Commission * Agenda of June 17 I 1998 '. JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Agenda Forecast 1999 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). . . 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 ofthe meeting. Thankyou. ~ . CITY OF SEAL BEACH PLANNING COMMISSION Minutes of June 17, 1998 The regularly scheduled Planning Commission meeting of June 17, 1998 was called to order by Chairman Brown at 7:30 p.m. The meeting was held in City Council Chambers and began with the Salute to the Flag. ROLL CALL Presen t: Chairman Brown Commissioners Law, Larson, Hood, Cutuli Also Present: Department of Development Services Lee Whittenberg, Director Terence Boga, Assistant City Attorney Joan FiUmann, Executive Secretary Chairman Brown introduced and welcomed Len Cutuli, the newly appointed Planning Commissioner from District 3. AGENDA APPROVAL . MOTION by Hood; SECOND by Law to approve the Agenda as presented. MOTION CARRIED: AYES: 5-0-0 Hood, Law, Cutuli, Larson, Brown ORAL COMMUNICATIONS No persons wished to speak during Oral Communications. CONSENT CALENDAR MOTION by Hood; SECOND by Law to approve the Consent Calendar as follows: 1. Approve Planning Commission Meeting Minutes of June 3, 1998. 2. Minute Order - Hotchkiss v. City of Seal Beach e MOTION CARRIED: AYES: 5-0-0 Hood, Law, Cutuli, Larson, Brown City of Seal Beach PlannIng Commission * Minutes of June 17. 1998 e SCHEDULED MATTERS 3. Receive and File: Status Report re Interim Ordinance on 3-Story Structures within the Main Street Specific Plan area. Director Whittenberg explained this staff report is an information item for the Planning Commission regarding amendments to the Main Street Specific Plan and zone relating to the number of stories for new commercial buildings, currently not allowed under provisions of Ordinance No. 1432. On June 81\ the City Council adopted an interim ordinance prohibiting the Building Department from issuing building permits for three-story buildings in the Main Street area. The current maximum height is 30'. By applying the minimum ceiling heights, a person could get a three-story building in the 30' height envelope. Some Councilmembers felt three story buildings on Main Street would be intensifying the building on Main Street --- more than they intended when adopting the Main Street Specific Plan. The Council will consider extending this ordinance for ten months plus fifteen days at their meeting on June 22nd; otherwise this ordinance will expire July 9, 1998. e Staff suggested the Planning Commission review the information, which was given to the Council now. If the Commission has concerns or issues that they would like to forward to the Council next Monday, now would be the time to give them to staff. Chairman Brown noted that in addition to three story structures the issue of residential units is also addressed in the staff report. Mr. Whittenberg explained the Council's moratorium is solely on the three story structures. The Council has not given staff direction on new residential uses on Main Street. Chairman Brown said when the Planning Commission reviewed the Main Street Specific Plan it dealt with residential uses on Main Street. It limited them to the second story only. Mr. Whittenberg explained the residential uses were limited to not being on the first floor. The issue at this time is, does the City wish to entertain allowing additional new residential uses on Main Street? Currently, only legal, pre-existing residential uses can remain on the street. The City municipal Code does not allow new residential structures to be built above retail space. A few Main Street property owners have approached the City and indicated they would want to build a residential living space above their retail space. e 2 City of Seal Beach Planning Commission * Minutes of June 17, 1998 . e Chairman Brown said it was his understanding that this issue was brought forward because there's a new three-story structure being built at 3f8 Main Street. Mr. Whittenberg explained the interim ordinance adopted by Council specifically excluded the building at 328 Main Street because it has gone through the City's plan check process, Coastal Commission review and approval and is ready for building permit issuance. The Council didn't think it would be appropriate to stop that project and it will be the only building, which will be allowed to proceed. 328 Main Street will be a three-story building within the 30' height envelope. At the ground floor level there will be retail in the front and public/customer parking at the rear off the alley. The second level will be public parking, accessed by an elevator and attendant. The third story will be office spaces. Chairman Brown said previous discussions with City staff led him to believe that third stories have not been allowed since the 1970's. e Mr. Whittenberg said staff has had those same discussions with the public. In the mid- 180's there was a comprehensive effort to look at the Main Street area and in-depth discussion at the Council level. The direction from Council was to only allow two story structures. At that point someone did not followed through with ordinance provisions to limit the commercial area of the City to a certain number of stories. None of the City's commercial zones have a story limit to them but they do have a building height limitation. Only residential areas of the City have a story limitation. Therefore, if someone plans a structure within the allowable height limits and they meet the building code requirements for interior ceiling heights that structure can be built legally and it would be permitted. That's why the interim ordinance was put into place. Chairman Brown said the Main Street Specific Plan had prohibited three stories and limited buildings to two stories; this provision was dropped between the draft and the final. It was in the draft study. It was considered to be a moot point because it was felt there was no way that anybody could achieve the parking requirements for a third story. He asked how this new building achieved the parking requirements? Mr. Whittenberg said he had heard that but has not had time to review the records of those meetings to see what the discussion was. Regarding meeting the parking requirements, this is achieved by having the entire second floor a parking lot, which is available to the public. An elevator will access the parking area and an attendant will physically move the cars onto the level, park them and then bring them down. The majority of the parking spaces on the second level will probably be employee parking. Customer parking will be on the ground floor, off the alley. He didn't recall how many parking spaces would be available. e 3 City of Seal Beach Planning Commission * Minutes of June 17, 1998 . Chairman Brown said he had received comments that it seems unlikely that would remain public parking. It would be very easy for that to be shut off and become a private parking garage. Mr. Whittenberg said he had heard the same comment. He felt that City staff and citizens would be interested enough in that property that they would watch how that parking area is utilized. If it becomes something other than what it is supposed to be staff would hear about it quickly. Chairman Brown said the City has a history of making rules and then having those rules broken immediately. Mr. Whittenberg said every city has this problem. Staff is not going to put a building operator or developer in the position of assuming he's building something to do something that the City doesn't want him to do. We must given them the benefit of the doubt initially --- as we would do for anyone in town. Chairman Brown said he felt it is unwise and said he could see that in two or three years from now he could see this area becoming a warehouse or museum for cars and there would be little to do at that point --- short of legal action. The City is reluctant to take on legal action because of the expense. e Mr. Whittenberg said he did not feel the City is reluctant to take on legal action when it is appropriate. There are a number of matters in that situation right now. The City has not shied away from those and it would not in the future. MOTION by Hood; SECOND by Law to receive and file and to refer the Commission's comments to City Council for consideration in its deliberation on this Issue. MOTION CARRIED: AYES: 5-0-0 Hood, Law, Larson, Brown, Cutuli PUBLIC HEARINGS 3. Conditional Use Permit 98-9 1110 Electric Avenue . Staff Report The property owner, Richard King, requested City approval for a major remodel to his single-family residence. The property is non-conforming due to the inadequate rear yard setback of an existing attached garage. Because of this non-conformity any major addition/remodel on the property must have Planning Commission review and approval. 4 City of Seal Beach Planning Commission * Minutes ofJune 17. 1998 . He presented the Commissioners with a letter from Jim Ballinger and staff's response to Mr. Ballinger. [Staff report on file in the Planning Department for inspection]. Commission Ouestions to Staff Chairman Brown asked if the existing electrical utility feed is underground? Mr. Whittenberg said no, its overhead and it's not being changed. Chairman Brown said he thought the Commission had made, or discussed, a policy of requiring the undergrounding of utilities. Mr. Whittenberg said some projects have been required to underground their utilities. Other projects, where it might be a joint service and poles still remain; the undergrounding has not been required. That is the case in this application. Chairman Brown asked if there is a plan to underground all utilities? Mr. Whittenberg said eventually that is a goal. The City receives an amount of money yearly from Southern California Edison to put into a fund for undergrounding. Those funds need to accumulate for five or six years before there is enough money to do a block. Those funds are being accumulated now for a project. He said the Public Works Department would have to say where that would be. e Chairman Brown said to require this applicant to underground his utilities at this point would be a minimal expense, perhaps $300; they are tearing up everything else. But when they have to come back and underground later it's quite expensive. Mr. Whittenberg said the City has provided the underground connection to the property line. Then, from the property line to the house itself is paid for by the property owner. A lot of the cost depends on the age and location of the service box. It varies from property to property, which makes it impossible to give a reasonable answer of what's involved on this particular property. Chairman Brown said he would like to have the Planning Commission discuss the undergrounding of utilities as a requirement in the future. Commissioner Larson asked about the sewer line, noting the staff report said the problem should be worked out between the two property owners. Mr. Whittenberg said the location of the sewer line would need to be determined between the property owners. - Commissioner Larson said Mr. Ballinger's letter said he's not going to do anything to his property and if the Planning Commission approves this request, why should he have to incur any expenses in connection with the sewer line. 5 City of Seal Beach Planning Commission * Minutes of June 17, 1998 . Mr. Whittenberg said the cost of the new sewer line is an issue which must be worked out between this property owner and the adjoining property. The line still may go across this property; it just will not be under the house. The location of the sewer line's relocation has not been determined. It's not the City's responsibility to determine how the issue will be resolved. It cannot be permitted to remain under the existing house. Commissioner Larson said the next door neighbor's letter, i.e. Mr. Ballinger's letter, said let this applicant do what he wants but don't build it on my property. But staff continues to say both property owners will have to work it out. Mr. Whittenberg said that's correct and both parties are aware they will have to work the situation out. Commissioner Hood asked staff for a ballpark figure or percentage for the cost of an electrical feed to the property and then the cost from the property line to a building? Mr. Whittenberg said personnel from the City's Engineering Department would have to give that information. e Commissioner Hood asked staff to find 'out these costs, how much money is in the undergrounding fund, where the next undergrounding project will be and report back to the Commission. Staff agreed. Public Hearing Steven King * Bellflower Steven King explained he was the brother of Richard King and is the project manager for this application. He explained the house was built in 1941. The application would be a great addition to the rest of the neighborhood. There were no persons wishing to speak in favor of the application. The following person spoke in opposition to the application: Reg Clewley * 945 Catalina Avenue. Seal Beach Mr. Clewley said all new construction should conform to current building codes. The City should study a requirement for making an entire structure meet current codes when remodels and additions take place. He said new "monster" homes with current setbacks would deplete the City's green spaces. He recommended denial of this application. He wanted to speak on the last City Council meeting but the Chairman said he would have to defer those comments to a later time in this meeting. e 6 City of Seal Beach Planning Commission * Minutes of June 17, 1998 . Rebuttal - Steven King Mr. King said he didn't think this was a "monster" house. To change the garage would add $45,000 to $55,000 to his building costs. Commissioner Larson asked Mr. King where the sewer line is? Mr. King said the sewer line exists under the garage to the alley. They will take care of all the costs to relocate the sewer line and it can remain on their property, it will just not be under any structure and they will conform to all codes re the line. Chairman Brown closed the Public Hearing. Commissioner Deliberation Commissioner Larson had no comments. Commissioner Law asked if the 10'6" x 7'2" CRAS was too large? Mr. Whittenberg said that is technically not a CRAS but a part of the house. This lot is wider than 37.5' wide and on the rear half of this size lot you can have a 35' high building. Commissioner Hood had no comments. e Commissioner Cutuli asked if the neighbor was to complain about the sewer line, would that complaint have any bearing on whether the setback rule applies or not? Mr. Whittenberg said the City's requirements have allowed the City to consider additions to existing structures that no longer meet setback requirements because the Code has changed over the years. Legally an application has to come before the Planning Commission for review and approval before someone can add to a house that is located too close to a property line or doesn't have the required number of parking spaces. Chairman Brown said Mr. Clewley brought up an interesting point --- we have always allowed existing structures to remain. At some point a remodel becomes new construction in everything but the name. Essentially what the City is doing is encouraging people to build out around the existing structures and creating an unfair advantage to a person who wants to build a new house. The Commission is creating an artificial inducement to keep these old garages et cetera. As a City, we may want to have more new construction.. It would be appropriate in the future to agendize this Issue. - MOTION by Hood; SECOND by Law to approve Resolution No. 98-22, thus approving Conditional Use Permit 98-9, subject to Conditions of Approval. 7 City of Seal Beach Planning Commission * Minutes of June 17, 1998 . MOTION CARRIED: AYES: 5-0-0 Hood, Law, Larson, Brown, Cutuli Mr. Whittenberg advised the applicant on the ten-calendar day appeal period. Second Oral Communications e Reg Clewley * 945 Catalina Drive. Seal Beach Mr. Clewley said the Planning Commission should be aware the decisions they are making are not being upheld. "In the case last week it was ... actually it was a rigged vote that was arranged by the City Attorney. And I am making a very strong charge here. The only step I'm going to have left after Monday night is a lawsuit against the City. My new Councilmember, Yost, sat on this Planning Commission a short while ago and considered a Height Variation, #98-2. The Commission decided to deny that Height Variation. Yost went to Council and was in his seat. And was called out of his seat by the City Attorney. This is a procedural irregularity in the first place. It is the Mayor's prerogative to call for a finding of a conflict of interest if there is any to be found. And the City Attorney took it upon himself to find a conflict of interest with Mr. Yost sitting on the City Council as a quasi-judicial body judging a case on which he considered as a Planning Commissioner". Mr. Clewley then described another case, ZT A 96-1, which Patty Campbell reviewed seven times both as a Planning Commissioner and as a Council member. A conflict of interest was not called and Council member Campbell did not mention how she had participated. During all these reviews the City Attorney said nothing. "There was nothing unusual about someone having served as a Planning Commissioner and then coming up later and judging the same matter as a ... member of that quasi-judicial body. There was never a word come out of the City Attorney until it was fresh in his mind that the vote went one way in the Planning Commission and that the interests of the City, which is the interest of selling building permits, it is not for the protection of people's views in this City..." "It's in the interest of the City to have nothing but pavement and sky-high buildings". He urged the Planning Commission to make a statement about what kind of City we're going to have. No other persons wished to speak and the Chair closed the second Oral Communications. Staff Concerns Height Variation 98-2 (li) 519 Ocean Mr. Whittenberg noted the City Council overturned the Planning Commission's decision on appeal by a 2 - 1 - 0 vote. They will consider adopting a resolution on June 22. Approval of this resolution would formalize that determination. . 8 City of Seal Beach Planning Commission'" Minutes of June 17, 1998 . Hellman Ranch (fj) Coastal Commission Mr. Whittenberg said the California Coastal Commission held a hearing on the Hellman project proposal. After eight hours of consideration they determined to continue the matter for 90 days and allow additional efforts between their staff and the applicant re the number of acres of wetlands to be restored on the property. Cancel July 8th Meeting Mr. Whittenberg informed the Commission there were no Public Hearings scheduled for the July 8th meeting and suggested he present background information on the issue of third stories on Main Street. COMMISSION CONCERNS Three Story Buildings Commissioner Larson said he would not want to hear the third story issue on July 8th but would rather have something to read first. Chairman Brown agreed, saying it would be preferable to discuss this at another meeting when other things are scheduled. e Bixby Ranch Proposal Commissioner Larson said the newspapers reported the Army didn't like the EIR for the Bixby project. He asked if this indicates the Planning Commission will be delayed in its consideration of this project? He said he does not want to be in the middle of a hearing in which the Army and Bixby Co. are in their own private fight. Mr. Whittenberg said this would be addressed as part of the Response to Comments on the EIR. That should not delay the Public Hearings. Commissioner Hood asked if the EQCB would have declared the adequacy/inadequacy would take into account the Army's comments? Mr. Whittenberg said he believed the EQCB would consider the Army's comments and it would be part of their review of the Response to Comments. Sand Replenishment Chairman Brown asked for a status report on the sand replenishment. Mr. Whittenberg said the sand project is done for the summer. No more sand will be moved into the area during the summer season. Replenishment will begin again in mid- September. . Height Variation 98-2 (fj) 519 Ocean Chairman Brown said people would best make their comments to the City Councilmembers; it's not too late. People should express their pleasure/displeasure at their action to reverse the Planning Commission's decision. 9 4 City of Seal Beach Planning Commission'" Minutes of June 17, 1998 e Utility Lines Chairman Brown said he would like to see this brought back and referred to the City Council. Remodeling to Conformity Chairman Brown said it might be time for the Planning Commission to consider mandating remodeling brings the entire building into conformance with setbacks. Mr. Whittenberg said on an issue of this magnitude, staff will agendize this for the Commission's discussion. He would recommend the Planning Commission make a recommendation to the City Council for the Council to instruct staff to begin that type of work. This will be an intensive analysis. Cancel July 8th Meeting The Commission determined to cancel the July 8th meeting. Howard Brief Matter Commissioner Hood asked staff about the in-lieu parking fee matter with Mr. Brief. Mr. Whittenberg said he would talk to City Attorney Barrow on June 22m and report back to the Planning Commission at the next meeting in July. e ADJOURNMENT With the consensus of the Commission, the Chair adjourned the meeting at 8:30 p.m. Respectfully Submitted, qo~~~ Joan Fillmann Executive Secretary Planning Department APPROV AL: The Planning ComuEjsion. aPf~oved the Minutes of June 17, 1998 on CL.-l.J JJ'~98. ~ ~ Jvf e 10