Loading...
HomeMy WebLinkAboutPC Min 1998-06-03 . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for JUNE 3, 1998 7:30 P.M. · City Council Chambers 211 Eighth Street, Seal Beach, CA 90740 Next Resolution: 98-171 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 May 20,1998. 2. Receive and File: May 26, 1998 Staff Report to City Council re: 1997 Proposed Airport Environs Land Use Plan Amendments, Overflight Zones- Orange County Airport Land Use Commission. 3. Receive and File: May 26, 1998 Staff Report to City Council re: Regional Transportation Plans - Orange County Transportation Authority. 4. Receive and File: May 26, 1998 Staff Report to City Council re: Receipt of Orange County Council of Governments "Air Quality Update" And Priority Legislation Bill Tracking. . 1 Resolution No. 98-20 has been taken; thank you. 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'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 June 3,1998 . 5. Receive and File: May 26, 1998 Staff Report to City Council re: Housing Element Legislation - Status. 6. Receive and File: April 8, 1998 City letter to G. Felgemaker, City of Long Beach re: Archaeological Advisory Committee Comments re Recirculated DEIR - Commercial Development of Los Altos Drive-In Theater, Archaeological Resources. 7. Receive and File: April 27, 1998 Staff Report to City Council re: Seal Beach Naval Weapons Station Installation Restoration Program - Status Report re All Installation Restoration Sites. 8. Receive and File: April 27,1998 Staff Report to City Council re: 1997 Air Quality Management District (AQMD) Annual Report - Air Quality. VI. SCHEDULED MATTERS VII. PUBUC HEARINGS 9. Conditional Use Permit 98-10 [Continued from 5-6-98 & 5-20-98] . Address: Business: Applicants: Property Owners: Request: Staff Recommendation: 16281 Pacific Coast Highway Taco Surf L1am Dee, Char1ene and Doug Maris Char1ene and Doug Maris To amend the hours of operation for an alcohol-related land use entitlement and to permit an outdoor dining area at Taco Surf (former site of Noel's Seafood restaurant. Deny the request to increase the hours of operation and approve the proposed outdoor dining area through the adoption of Resolution 98- _' subject to Conditions of Approval. 10. Conditional Use Permit 98-11 and Height Variation 98-4 Address: Applicant: Property Owner: Request: . 213 and 213% 7th Street Sherri Mokhtarian Sherri Mokhtarian The CUP requests construction of a major remodel/addition to a non-conforming duplex at 213 and 213% ih Street. The proposal includes the addition of an 817 square foot second floor above the front unit. The property is non-conforming due to density and legally permitted tandem parking. 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 3, 1998 . Staff Recommendation: The Height Variation requests construction of a covered roof access structure (CRAS) which would exceed the 2S' height limit by 6%'. The CRAS is proposed in conjunction with the addition of a rooftop deck and spa. Approval, through the adoption of Resolutions 98-_ and 98-_, subject to Conditions of Approval. 11. Negative Declaration 98-1 Variance 98-3 Parcel Map 98-126 Address: Applicant: Property Owner: Request: . Staff Recommendation: VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT . NE Comer of Pacific Coast Hwy. & Balboa Dr. Avalon Homes [Scott Redsun] Steve Riboli & Riboli Family Trust To re-divide four (4) lots to provide one (1) additional lot for a total of five (S) lots and to construct five (S) single family residences on the lots. Access to the proposed homes will be exclusively from existing streets within the .Cove. area sub-division. No direct access will be provided off Pacific Coast Highway or Balboa Drive. Variances are requested from Section 28-401 (1)(a) to permit interior lots with less than SO' of street frontage for parcels 1 thru 4, and to allow parcel S to contain less than S,OOO square feet of land area (4,918 square feet). Approval through the adoption of Resolution No. 98-_ subject to Conditions of Approval. 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. Thankyou. City of Seal Beach Planning Commission * Agenda of June 3, 1998 . 1998 AGENDA FORECAST JUN 17 CUP 98-9 at 1110 Electric: Major remodel to single family residence JUL 08 TENTATIVE: Bixby Ranch proposal PC Hearings to follow EaCB hearings. TENTATIVE: Plan Review 98-4 & Variance 98-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 AUG19 SEP 09 SEP 23 OCT 06 . OCT 20 NOV 04 NOV18 DEC 09 DEC 23 Continued... VAR 93-1* 212 Main Street ($7300 final in-lieu pmt) TENTATIVE: Review of decks et al backing to Hellman Ranch.2 TENTATIVE: Commercial Zones, Permitted Uses & Development Standards (From 5-6-98] Agenda Forecast 1999 JAN . 2 This involves aprox. 130 properties. 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. Thankyou. City of Seal Beach Planning Commission * Agenda of June 3, 1998 . FEB 12147 Seal Beach Boulevard * Seal Beach Market * Review #47/icense. Sales began 2-10-98. MAR APR CUP 98-8 * 12161 Seal Beach Boulevard * Champs Drive Thru Window Review at 12 months. MAY JUN JUL AUG SEP OCT NOV DEC 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 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 Minutes of June 3, 1998 The regularly scheduled Planning Commission meeting of June 3, 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 Present: Chairman Brown Commissioners Law, Larson, Hood Also Present: Deoartment of Develooment Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Joan Fillmann, Executive Secretary AGENDA APPROVAL MOTION by Hood; SECOND by Law to approve the Agenda as presented. . MOTION CARRIED: AYES: 4-0-0 Hood, Law, Larson, Brown ORAL COMMUNICATIONS Paul Yost * 485 Schooner. Seal Beach Council Member Yost apologized for not having seating a Planning Commissioner to replace himself. He explained State law mandates the seat remains vacant for ten days. It was certified as vacant at the last City Council meeting and today is day 8. At the next City Council meeting he will make an appointment. He said the Hellman proposal hearings will be in Santa Barbara on Wednesday, June 10th. A bus will be sent and he encouraged people to attend. The Coastal Commission staff report denied the golf course section of the proposal and this is a big problem. The Hellman's have said they would not build the project if this occurs. He then dispensed telephone numbers that interested persons could call to catch the bus for Santa Barbara. CONSENT CALENDAR . MOTION by Law; SECOND by Hood to approve the Consent Calendar as follows and to include as attachments to the May 20th Minutes (1 ) the verbatim transcript of Rita Brenner's comments and {2} page 9 from the EQCB's April 29th staff report: City of Seal Beach Planning Commission * Minutes of June 3, 1998 1. Approve Planning Commission Meeting Minutes of May 20, 1998. . 2. Receive and File: May 26, 1998 Staff Report to City Council re: 1997 Proposed Airport Environs Land Use Plan Amendments, Overflight Zones - Orange County Airport Land Use Commission. 3. Receive and File: May 26, 1998 Staff Report to City Council re: Regional Transportation Plans - Orange County Transportation Authority. 7. 4. Receive and File: May 26, 1998 Staff Report to City Council re: Receipt of Orange County Council of Governments ItAir Quality Update" and Priority Legislation Bill Tracking. 5. Receive and File: May 26, 1998 Staff Report to City Council re: Housing Element Legislation - Status. 6. Receive and File: April 8, 1998 City letter to G. Felgemaker, City of Long Beach re: Archaeological Advisory Committee Comments fa Recirculated DEIR - Commercial Development of Los Altos Drive-In Theater, Archaeological Resources. Receive and File: April 27, 1998 Staff Report to City Council re: Seal Beach Naval Weapons Station Installation Restoration Program - Status Report re AI/lnstal/ation Restoration Sites. . 8. Receive and File: April 27, 1998 Staff Report to City Council re: 1997 Air Quality Management District (AQMD) Annual Report - Air Quality. MOTION CARRIED: AYES: . 4-0-0 Law, Hood, Larson, Brown SCHEDULED MATTERS There were no Scheduled Matters. . 2 City of Seal Beach Planning Commission * Minutes of June 3, 1998 . ~UBlIC HEARINGS 9. Conditional Use Permit 98-10 Address: Business: Applicants: Property Owners: 16281 Pacific Coast Highway Taco Surf Liam Dee, Charlene and Doug Maris Charlene and Doug Maris Staff Report Mr. Whittenberg presented the staff report. This matter has been continued from May 6 and May 20, 1998. [Staff report on file in the Planning Department for inspection]. The applicant's request was to amend the hours of operation for an alcohol-related land use entitlement and to permit an outdoor dining area at Taco Surf d restaurant. The number of on-site parking spaces has increased by two spaces. Staffs recommendation was to deny the request to increase the hours of operation and approve the proposed outdoor dining area through the adoption of Resolution 98- -' subject to Conditions of Approval. . Commission Questions to Staff There were no questions. Public Hearina Liam Dee · Applicant · 18281 Pacific Coast Hiahwav Mr. Dee said he is a co-owner of Taco Surf restaurant. The other owners are Charlene and Doug Maris. Mr. Dee apologized to the Commission and audience saying the issue of hours was never to stay open to 2:00 a.m. They understood from dealing with City staff. They have five restaurants in their small chain and none of them stay open until 2:00 a.m. They really wanted to stay open to midnight on Friday and Saturday nights only. He was under the impression he should ask for the maximum number of hours he wanted and be willing to negotiate or compromise. He agreed with all the people opposing the late night hours saying .... who would want anything at 2:00 in the morning in your backyard". They own family restaurants and are not in the bar business. Regarding the patio, they agree with the staff report. He wanted to discuss how it could be closed off. They planned a 36M planter box to contain the patio. . Chairman Brown asked about the UFor SaleM signs currently in the restaurant's windows. Mr. Dee explained those signs are a reaction only to the petition process from the neighbors. Ult was a very immature reaction on our side ... we 3 City of Seal Beach Planning Commission * Minutes of June 3. 1998 didn't really give it enough thought. We thought that hell, if they don't want us . down there we won't be down there.. They want to sell tacos to the neighbors. The signs are down and they're there for the long haul. The following persons spoke in favor of the application: T onv Mastrada · Surfside Mr. Mastrada said he's a resident of Surfside and on the Colony's Board of Directors. He said there is a large number of Surfside Colony residents who would like to see Taco Surf open there and who don't object to a small increase in the hours, for example midnight. He suggested a compromise to review the operation in three months. In that way, any noise issues could be addressed. Harme Estrada · Surfs ide Ms. Estrada said she was confused as to why residents were against music. She indicated the 300 Surfside Colony homes represent 600 residents. She felt a lot of people lived in areas where they could not possibly be affected by the restaurant. She indicated it could be possible that Colony residents signed the circulating petition as a "line of least resistancen or were being petty. There were no problems with Noel's restaurant and thought Taco Surf should be given a chance. The following persons spoke against the application: Rov Cuoinaer · President. Surfside Colonv Board of Directors Mr. Cupinger said there are five people on the Surfside Colony Board of Directors and four of those five voted not to support the extended hours or the open patio. While Tony Mastrada did support the application, it was a majority of the Board of Directors who did not support the application. A petition was circulated; it got 67 signatures, which represented 95 properties. The Colony has 250 properties. The only other petition circulated in Surfside was for approval to underground their utilities. Getting representation from 95 homes was quite good. The reason for the obj~ctions is that the restaurant itself is only 27' to 30' away from Surfside Colony homes. Many of the rooms facing the restaurant are bedrooms. He was not aware of any other exceptions made by the City to where food or alcoholic beverages could be sold so close to the neighboring residences. They would still object to the hours being extended to midnight. Regarding the patio, they object to an open patio. If it were totally enclosed, that would be a different circumstance. The Board feels strongly about the extension of hours and the patio. lee Carey · B-21 Surfside Mr. Carey said his house is within 100' of Taco Surf. Two of his children's bedrooms face Taco Surf. Sam's Seafood and Dimone's restaurants greatly impact his family with their noise. He said a good analogy of the noise would be taking sixty of his closest friends every Friday, Saturday night and camping them 4 . . City of Seal Beach Planning Commission * Minutes of June 3, 1998 . within 25' of your front yard and let them party and barbecue there until midnight or 2:00 a.m. The main problem is noise. Bob Colucci · Surfside Avenue. Seal Beach Mr. Colucci said he was pleased to see the restaurant there and more than pleased to see the application was modified. The residents are opposed to the extended hours and open patio. He wanted to see them abide to the conditions that were originally set on the property. Georae Wallace · Anderson Street. Seal Beach Mr. Wallace said this building was enlarged and it doesn't meet the parking requirements. He said you couldn't take a nonconforming building, enlarge it and then say you're going to use the CUP because it runs with the land. Once they enlarged the square footage the existing conditions are moot and new conditions must be discussed. Parking is a big issue. He lives close to the restaurant and will hear noise off the patio. The overflow parking would be in his front yard. They're loud and noisy. . Mr. Steele said the rule on nonconforming uses is not necessarily an enlargement issue. it's an intensification issue. The enlargement results from bringing the kitchen to code and meeting the ADA requirements - not intensifying the use. They're enlarging the building by approximately 165 square feet. Two additional parking spaces were generated by the expansion. Chairman Brown said traditionally the City has not allowed existing structures to become more nonconforming. As long as applicants make their building better, toward being more conforming. that's what is looked for. Rebuttal Doua Maris · Applicant and Owner of Taco Surf Mr. Maris said the hours were never intended to close at 2:00 a.m. They want to compromise. They could shu\ the patio down at dusk. The patio is California- style for outdoor eating and is easily shut down at dusk. It will be mainly used for smokers. Commission Deliberations . Commissioner Hood said there are two issues involved in this application. They are the hours of operation and the open patio. First, the Surfside Colony homeowners knew the restaurant existed, the operating hours were fixed and it had an indoor eating area. Second, the new restaurant owners knew the CUP had fixed hours of operation and there was an indoor eating area. The questions of noise intensification and extension are major issues. The intensification of noise coming from a proposed outdoor patio. It changes the noise contours for those residents' 27' from the restaurant. The extension of the 5 City of Seal Beach Planning Commission * Minutes of June 3, 1998 noise in time extends the time the noise persists. More noise for a longer period . of time for neighbors who are used to less noise for a shorter period of time and who will put up with that. People who have bought a restaurant under earlier conditions and now seek to change them oppose them. It seemed to him that the status quo is something the homeowners could live with because this is what they bought. They are not asking for the restaurant to be closed down, they are asking the status quo be maintained. The new restaurant owners are saying they can't make money unless they extend the hours and have a patio but yet these weren't the conditions under which they purchased. Commissioner Law said she would definitely not approve an extension of hours to 2:00 a.m. If the patio is built, and causes noise, it must be conditioned that it be shut down at a certain time or enclosed. Commissioner Larson said there should be no extension of time. The area residents are tolerating noise problems from other businesses in Huntington Beach. That is no reason for the City of Seal Beach to permit further noise. He was opposed to midnight on Friday and Saturday. Regarding the patio, an open patio could be noisy and was not in favor of the outdoor eating area. If it were closed at dusk, or a time certain such as 7:00 p.m., that would be good. The residents appear willing to accept that. Chairman Brown agreed with Commissioner Hood's analysis of the situation. . Initially he thought midnight might be a good compromise. However, if a restaurant closes at that hour they'd still have people leaving, the cleanup, cars pulling away. Therefore he's in favor of leaving the hours as they stand. Regarding the patio, this could be the biggest problem with the noise. Closing at dusk or 8:00 p.m. could be a good compromise. We could have a review at three months. If there are no problems the applicant could ask for an extension on the hours. With the approval of the Commission, Craig Steele suggested rewording the following conditions to read: . 21. The outdoor dining area shall be completely surrounded by a minimum 36" high fence/enclosure. In addition, this area shall be capable of being completely enclosed by double-paned sliding glass doors and, said area shall be completely closed by 8:00 p.m. each night. No patrons shall be permitted on the outdoor patio for any purpose after 8:00 p.m. No ingress/egress shall be permitted tolfrom the outdoor dining area, except through the interior of the restaurant (an alarmed emergency gate is acceptable to the exterior of the building). 22. The applicant shall continue to pay a parking impact mitigation fee in the amount of $100 per space per year for the nine (9) deficient parking . 6 City of Seal Beach Planning Commission * Minutes of June 3, 1998 24. spaces. The first year's payment shall be made prior to the issuance of a eertH/cate of Occupancy. The term of this permit shall be three (3) months, beginning the first day of operation of the new restaurant. . Mr. Whittenberg, referencing Condition #21, requested the patio area to be completely enclosed by sliding glass door. He asked the Commission if the intent of their conditions was to not require any enclosure and to just no be available to patrons after 8:00 p.m.? One wall is totally gone at this point. Chairman Brown said it was not his intention to require the double paned sliding glass doors. We will leave it up to the applicant to enclose the patio in the way he sees best and recognizing that he's got a review at three months and likely another review at six months. Mr. Whittenberg said it is his understanding then that the Commission does not technically require any enclosure of the open wall and to leave it to the discretion of the applicant, if he wishes to put in some type of enclosure. . Commissioner Hood suggested delaying a decision tonight. Chairman Brown said the Commission could wrap this up tonight. Mr. Steele said his intent on re-wording the condition was to leave standing the language about the patio being able to be enclosed completely with sliding glass doors because if the Commission later decides the patio needs to be enclosed, it's capable of being enclosed. The Commission is not requiring the patio to be enclosed because the patio will cease operating at 8:00 p.m. MOTION by Hood; SECOND by law to approve Resolution No. 98-17, thus denying an extension of hours of operation for an existing alcohol-related land use entitlement, approving an'outdoor patio that must close at 8:00 p.m., requiring the first year's payment of in-lieu parking fees be paid prior to the issuance of a Certificate of Occupancy and mandating a review at three months for the CUP to remain in effect. MOTION CARRIED: AYES: 4-0-0 Hood, Law, Brown, Larson Mr. Steele said the Planning Commission's action is final tonight and the ten calendar-day appeal period begins tomorrow. . 7 City of Seal Beach Planning Commission * Minutes of June 3, 1998 10. Conditional Use Permit 98.11 and Height Variation 98-4 213 and 213% 7th Street . Staff Reoort The applicant and property owner, Sherri Mokhtarian, requested a CUP for construction of a major remodel/addition to a non-conforming duplex at 213 and 213% 7th Street. The proposal includes the addition of an 817 square foot second floor above the front unit. The property is non-conforming due to density and legally permitted tandem parking. The Height Variation requests construction of a covered roof access structure (CRAS) which would exceed the 25' height limit by 6~'. The CRAS is proposed in conjunction with the addition a rooftop deck and spa. Staff received a letter from Susan Watkins at 215 7th Street. Staff's recommendation is for approval, through the adoption of Resolutions Nos. 98-_ and 98- _' subject to Conditions of Approval. Commission Questions There were no questions. Public Hearina Sheri Mokhtarian was present but declined to speak. . There were no persons wishing to speak in favor of the application. The following persons spoke against the application: Rea Clewlev · Catalina Avenue. Seal Beach Mr. Clewley said this is an obnoxious and indefensible application. From a review of the Planning Commission minutes for the last several months he thought the Planning Commission was going to turn down these ludicrous proposals, especially proposals where the applicants can't attend the Planning Commission to defend them. Mr. Whittenberg informed Mr. Clewley that the applicant is present tonight but has said she doesn't want to speak. Mr. Clewley objected to the width of the 25' lots and blocking views with CRASs. He said it's wrong to build a CRAS here and block the view. Susan Raffensoeraer · 215 7th Street Ms. Raffensperger said she rents at 215 7th Street and is speaking only on her own behalf, not on behalf of her landlord. Her main concern is not the remodel . 8 City of Seal Beach Planning Commission * Minutes of June 3, 1998 . but a pattern of enaoachment around the applicant's property. Ms. Raffensperger said Ms. Mokhtarian's front porch was expanded last year ontolinto the common sidewalk area of the two buildings. The porch aeates a problem for the entries of the two buildings. All three rental units open at the side, facing the common sidewalk and they now need to walk around the porch to get to their units. She asked for an inspection. Secondly, the Eucalyptus trees on their property. Ms. Mokhtarian has been trying to get these trees cut down. She would like to see the trees preserved. No one else wished to speak. Rebuttal . Sheri Mokhtarian Ms. Mokhtarian said she wanted to address Susan Raffensperger's comments. Regarding the sidewalk, the lots in Old Town are narrow. For a long time she has had a 3' wide sidewalk to the north of her property which the residents of 215 7ltl Street have been using to gain access to their property. The owner of 215 7ltl Street chose to plant a large Eucalyptus tree in the area they would normally use to gain access to their property. She has owned her property for twelve years and those residents have used her property for a long time. Now, however, in the process of enhancing her own property and making it more useable for herself, she has enclosed that walkway. It's not a common walkway; the sidewalk is strictly on her property. She has simply placed a wall on her property. Regarding the Eucalyptus tree, it has stained her sidewalk and ruined her patio furniture. She and the landlord have talked about the tree situation and he has agreed to trim the trees and/or remove the trees. Chairman Brown closed the Public Hearing. Commissioner Deliberations Commissioner larson said this is a situation where people have used private property as common property, assuming it was theirs to use. The Planning Commission has no jurisdiction over the fence as it was legally permitted through the City's Building Department and it's built entirely on her private property. Regarding the trees, that's a neighbor argument and no part of the Commission's consideration. . Commissioner Hood agreed with Commissioner larson. The Commission can deal only with the application before it. Chairman Brown agreed and felt staff did a good job in deleting the extra landing on the CRAS. 9 City of Seal Beach Planning Commission * Minutes of June 3, 1998 He agreed the tree and sidewalk issues are not a part of this application or within . the Commission's purview. MOTION by Larson; SECOND by Hood to approve Resolution No. 98-18, thus approving CUP 98-11 and to approve Resolution No. 98-19, thus approving Height Variation 98-4. MOTION CARRIED: 4 - 0 - 0 AYES: Larson, Hood, Brown, Law Mr. Steele advised that the Commission's action is final and the ten calendar-day appeal period will begin tomorrow. RECESS: The Chairman called a recess to allow staff to reset exhibits. Recessed at 8:37 p.m. and began at 8:47 p.m. 11. Negative Declaration 98.1 Variance 98.3 Parcel Map 98.126 Staff Reoort . Mr. Whittenberg presented the staff report. [Staff report on file in the Planning Department for inspection]. The applicant, Avalon Homes, proposes construction for the northeast comer of Pacific Coast Highway and Balboa Drive. The property owner is Steve Riboli & Riboli Family Trust. The request is to re-divide four (4) vacant lots to provide one (1) additional lot for a total of five (5) lots and to construct five (5) single family residences on the lots. Access to the proposed homes will be exclusively from existing streets within the "Cove- area sub-division. No direct access will be provided off Pacific Coast Highway or Balboa Drive. . Variances are requested from Section 28-401 (1 )(a) to permit interior lots with less than 50' of street frontage for parcel 1 thru 4, and to allow parcelS to contain less than 5,000 square feet of land area (4,918 square feet). The Negative Declaration discusses the environmental concerns of the project. ' Staffs recommendation was approval through the adoption of Resolution No. 98- _subjed to Conditions of Approval. Under a Parcel Map, the City cannot require the dedication of land. Therefore, there has been a negotiation between the City and the developer to re-dedicate a sewer easement to the City. As part of that, the City is waiving certain standard . 10 City of Seal Beach Planning Commission * Minutes of June 3, 1998 . fees for the plan check of the subdivision map because of the additional value of the land that's being granted to the City. The Record should reflect an evaluation has been performed to show there is a nexus between the value of the land dedication versus forgiving some of the plan check fees. Commission Questions Chairman Brown asked what the other lot sizes are in this area? Mr. Whittenberg said most of the lots are 50' x 100' or 5000 square feel Corner lots can be 55' wide or 5,500 square feet. There are many cuI de sacs in the area and the lots at the end of those cuI de sacs can be 6,200 to 6,500 square feet because they're pie-shaped. Commissioner larson asked how deep are the driveways Mr. Whittenberg said the driveways must have an 18' setback from the property line, which is enough for two cars on each driveway in front of the garage if necessary. Four cars could be parked on site. Public Hearing . Scott Redsun * 26440 La Alameda, Mission Vieio * President. Avalon Homes Mr. Redsun said Avalon Homes is small building company who specializes in building small in-fill sites. They have approximately eighteen years experience. Their niche is building in unique areas. Regarding the architecture, his firm drove the site and got a feel for what's happening in the area. They looked at the type of architecture people have done when they added on their second stories or rebuilt completely. This resulted in two distinct styles without a "tract lookll. They plan a Spanish Colonial and Craftsman look, which uses wood, stone and stucco. Each house will have different colors and different rQofing. Regarding parking, these houses have a large two-car garage plus a three-car garage as standard in a tandem formation. So additional parking or storage can be achieved in each garage. The following persons spoke in favor of this application: Paul Yost * 485 Schooner. Seal Beach Dr. Yost indicated he wasn't speaking in favor of nor against the application. He apologized once again for not having a Planning Commissioner seated for this district. An appointment is forthcoming. . 11 City of Seal Beach Planning Commission · Minutes of June 3, 1998 Brian SchoelkoDf * 409 CrYstal Place. Seal Beach . Mr. Schoelkopf said this project would reduce the sound and dust in this area. It will also enhance the property area in general. Four houses might be better than five houses but his feeling is it will most likely happen at five houses. "It's not necessarily how many but how well they're done and the number is not going to necessarily dictate thar. Don Smoot * 417 Crvstal Place. Seal Beach Mr. Smoot said the project could only enhance the property values in the surrounding area. The corner of Seal Beach Boulevard and Pacific Coast Highway was transformed from four lots into five and it's a nice area without adverse parking in the general area. He had three letters from neighbors in the cui de sac area in favor of the project. The secretary read the names into the Record: 1. Tim & Marsha O'Neill, 416 Crystal Place 2. Richard & Ann Bluth, 412 Crystal Place 3. Donald Smoot, 417 Crystal Place Leonard Daniello * 408 Marble Cove. Seal Beach Mr. Daniello said he's lived at this address for fourteen years and this project is the best thing that's happened for his street in all that time. The vacant lot has . been an eyesore, dust comes off the lot when there are high winds in the afternoon, and the houses get covered with dust in one day. The sound from Pacific Coast Highway is right there, in your front yard. The homes will add a lot to the neighborhood and he saw no problem with the five homes or with the parking. The following persons spoke against the project: Bob Bever * 424 Marble Cove. Seal Beach Mr. Beyer said he was not opposed to development of the lots, he was opposed to the number of houses proposed. He wants four houses not five. This is a main thoroughfare in and out of the tract. With four homes there would be three on-street parking spaces and with five homes there would be two on-street parking spaces. Most of the homes in the existing neighborhood have one or two cars parked on the streets. There is not a lot of extra parking. Having five homes would leave extra cars to park on an already impacted street. Mark Warner * 409 Marble Cove. Seal Beach Mr. Warner said he has lived in this neighborhood 24 years. He spoke in favor of four homes instead of five. Marble Cove Way has the most on street parking than any of the other cove streets and presented the Planning Commission with photos. In the cui de sac at Pacific Coast Highway and Seal Beach Boulevard . 12 City of Seal Beach Planning Commission * Minutes of June 3. 1998 . there are motorhomes and boats parking on the properties. Four houses would allow for spreading out. The cove area has four corners - two outside comers and two inside corners. In the 1960's when this project was designed all the comers were laid out with four houses on them. To date, the two inside corners are built out with four, single story houses. This is casual, light development. This proposal is for five big, two-story homes, which are packed in tightly. It looks like the lot is over-filled both from a width and height perspective. He would like to see this proposal built in the same open style - four one-story homes. He showed the Planning Commission a plot plan for the tract. It showed all four comers. Larrv Lohrke · 405 Marble Cove. Seal Beach Mr. Lohrke spoke in favor of four houses, not five. His house is directly across the street from the proposed project and he will be very affected. His concern was with on-street parking and felt five two-story houses are too many. Georae Sinaer · 401 Crvstal Cove. Seal Beach Mr. Singer spoke in favor of four houses and about parking impacts and growing families. . Bill Kimmer · 413 Marble Cove Wav. Seal Beach Mr. Kimmer said he has lived in his house 35 years. He felt this proposal would be an asset to the neighborhood but five houses would create more children and the potential for accidents. Melanie Tsamous · 405 Marble Cove Way. Seal Beach Ms. Tsanmous said her mother, Rosemary Stevens, currently owns the house. They would prefer four houses to five because of potential parking problems. They do, however, want to see the houses built. Harriet Warner · 409 Marble Cove Way. Seal Beach Ms. Warner questioned who owns the property? The Notice stated the property owner is Ayalon Homes but the City records show the Riboli Family Trust. Has it been sold? Larrv Gelke. 400 Marble Cove Way. Seal Beach Mr. Gelke said there's only one person who spoke tonight who can actually see the lot, the other speakers live around the corner. . Debbie Daniello · 408 Marble Cove Way. Seal Beach Ms. Daniello said she was surprised any of the neighbors had any opposition to this application. The yacant lot produces dust, the fence catches trash, it's a horrible eyesore. She droye over and looked at the proposed site, there are two 13 City of Seal Beach Planning Commission * Minutes of June 3, 1998 car garages for each house. The garages were open and she could see two cars . parked neatly in the garages and/or driveways. The neighborhood was very neat and tidy. Arthur Warner * 409 Marble Cove Wav. Seal Beach Mr. Warner said he took two photos of the development site and showed them to the Planning Commission. The photos show the parking there is cluttered. Rebuttal Scott Redsun Mr. Redsun spoke on the following subjects: c Regarding the Parcel Map which had been talked about (#7341) is almost an identical situation. It went from two lots to three lots; they want to go from three lots to four to accommodate the change in the sewer easement. We added one lot. We are not doing anything the City hasn't done in the past. c Regarding parking, there are two issues. In our design we have created a compact, third car garage. It's not legally a third car garage because it doesn't meet the criteria. But it will eliminate a lot of problems. People don't go out and rent storage space, they store in . their garages and park on the street. The City he lives in does not allow on-street parking. All garages must be saved for parking. He suggested neighbors could rent a joint storage unit. Every house proposed will have a 2.75 garage. The garage is 20' x 20' with a tandem in back which ranges from 10' x 16'. c The ownership is the Riboli Family Trust. Mr. Whittenberg indicated the Notice was incorrect, the property owner is the Riboli Family Trust and the applicant is Avalon Homes. The Chairman closed the Public Hearing. Mr. Whittenberg indicated for the Record that this afternoon staff received a FAX from Caltrans regarding the Negative Declaration. Caltrans had no comments on the Negative Declaration. Commission Deliberations Commissioner Hood asked if the City granted a similar Variance for a similar piece of property? Mr. Whittenberg said yes. Commissioner Hood said the granting of this Variance would then not be granting a special privilege, something nobody else could get. . . 14 city of Seal Beach Planning Commission * Minutes of June 3, 1998 . Mr. Whittenberg said there was a very similar parcel of land at Pacific Coast Highway and Seal Beach Boulevard. That property was approved for a resubdivision from two lots to three lots. Commissioner Hood indicated that this is then something the City has done in the past and is not unique. The development would be an advantage; it would get rid of an eyesore of some sort. The property owner has previously talked about trying to make this commercial property. We could be faced with the possibility of commercial development or four versus five houses. However, residential development makes less money than commercial development. Therefore the development of five houses could be viewed as a compromise between low density residential which would pay for itself and commercial development which would pay for itself but which could cause problems. Commissioner Law had no objections to the request. . Commissioner Larson said he has speculated about this property for several years and joked that the property owner might be waiting for the City to give in and allow a gas station to be built there. He couldn't see how you could gain much off-street parking by going from five houses to four houses. With the pie- shaped lots you might gain one off-street parking space. In return for that, the lot has been an eyesore and the proposal would upgrade the area. He would vote for approval as applied for. Chairman Brown said garages are required, they are also required to be kept open for parking of vehicles and people don't obey this anyway. There are rules requiring boats and trailers to be off the street for no more than 72 hours; this is also disregarded. The project does have enough parking for the size of the lots and the houses. Regarding the subdivision, his concern was with the lot sizes. The lot sizes are 5000 square feet and meet thfi' City's criteria. The only lot that's short is because of the City's requirement for a dedication. And for making a finding for a Variance, that's a unique situation which allows us to do that. He agreed with the speakers that everyone would like to have four versus five houses. But looking on all sides, five houses are preferable to a service station. MOTION by Hood; SECOND by to adopt Resolution 98-_ thus approving Negative Declaration 98-1, Variance 98-3 and Tentative Parcel Map 98-126. Commissioner Hood withdrew his Motion to allow discussion. . Mr. Whittenberg addressed the issue of parking by noting the size of the smaller space in the garage is 10' x 16'. The 10' meets the City's requirement for the 15 City of Seal Beach Planning Commission * Minutes of June 3, 1998 width of a parking space. The normal depth requirement is 20'. The . Commission may wish to require the third space in each of the garages be 18' as that would get closer to having three legal parking spaces in the garage for each unit. This would address some parking concerns for on-street parking. Chairman Brown said the parking requirement for each house is two parking spaces. Tandem parking is not allowed to be counted as parking. Personally he was not included to do this because realistically this space would never be used for parking. It would be a storage space within the garage. It's not designed to be a car space. If the City thinks each house should have three parking spaces then the rules should be changed. Mr. Whittenberg said this would not be suggested in a normal situation. But when you have homes on a cui de sac, where you have a 50' lot width and 20' driveways with 30' of street frontage available for parking staff suggested this as an option. Mr. Steele suggested changes to the conditions of the resolution: c Condition #10: Parkway trees shall be '" (add) the developer shall landscape the parkway prior to occupancy of the homes. c Delete Condition #11 and renumber all conditions. . c Condition #12: The developer shall disclose to the property owners of Parcel 2 and Parcel 3 of Tentative Tract Map 98-126 the existence of a ten (10') foot sewer line easement, five (5') feet in width from each side of the property line, and paralleling common property line. The developer shall disclose to the property owners of Parcel 2 and Parcel 3 of construction restrictions over said sewer line easement. Said disclosure shall be recorded against the Title to each property and shall be approved by the City Attorney. . o Condition #13: The City will abandon vacate the sewer line easement paralleling Parcel 3 and Parcel 4 of Tentative Tract Map 98-126 and sewer line easement of Parcel 3 of Tentative Tract Map 98-126 paralleling Pacific Coast Highway and confer convey property to said parcels. The developer shall provide convey to the City a ten (10') foot wide sewer line easement, five (5') feet in width from each side of the property line of Parcel 2 and Parcel 3 of Tentative Tract Map and parallel to said lots. o Add: Condition #14: The developer shall dedicate 1,352 square feet as street right-of-way along Balboa Drive and adjacent to the project site as specified In Tentative Parcel Map 98-126 and lot 80 of Tract 2591 as full and adequate consideration for said dedication, the City shall waive the . 16 City of Seal Beach Planning Commission * Minutes of June 3, 1998 . Public Works construction and engineering fees in amount not to exceed $30,400 and shall reconvey the existing sewer line easement. MOTION by Hood; SECOND by Law to adopt Resolution No. 98-21, thus approving Negative Declaration 98-1, Variance 98-3 and Tentative Parcel Map 98-126 as amended. MOTION CARRIED: AYES: 4-0-0 Hood, Law, Larson, Brown Mr. Steele advised the Planning Commission's action is final tonight and the ten- calendar-day appeal period begins tomorrow. STAFF CONCERNS Mr. Steele introduced Michael Dreslan, law clerk, who is interning at the City Attorney's Office. Throughout the summer other law clerks will be visiting the City. . Mr. Steele notified the Commission that last week Orange County Superior Court Judge ruled in the case regarding certification of the EIR in the Hellman Ranch project. Mr. Hodgekiss and Ms. Hahn and others regarding the adequacy of the EIR, and specifically the archaeology study had brought the case. After a trial on May 15th, the judge ruled that the City had correctly certified that EIR and upheld the certification. Mr. Steele advised everyone that the Coastal Commission hearing on the Hellman project proposal is Wednesday, June 10th and will be in Santa Barbara. Mr. Whittenberg advised the Commission that they would receive a report on the City Council moratorium on approving any new three-story structures on Main Street between Pacific Coast Highway and Ocean Avenue. One building, slated for 328 Main Street, has gone through the City approval process and through the Coastal Commission and it wiU be allowed to proceed. It was specifically excluded from the interim ordinance. COMMISSION CONCERN~ There were no Commission concerns. ADJOURNMENT Chairman Brown adjourned the meeting at 9:48 p.m. . Respectfully Submitted, ~o~~ Joan Fillmann Executive Secretary 17 i City of Seal Beach Planning Commission * Minutes of June 3, 1998 APPROVAL: The Planning Commission Minutes of June 3, 1298 were approved by the Planning Commission on ~ 1998. . jvf . . 18 -- . . . June 3, 1998 416 Crystal Place Seal Beach, CA. 90740 Mr. Lee Whittenberg Director Department of Development Services City of Seal Beach, CA. Dear Mr. Whittenberg, We are writing in response'to the Public Hearing Notice concerning the property at the NE Corner of Pacific Coast Highway and Balboa Drive, Seal Beach, CA.. Item: Negative Declaration 98-1, Variance 98-3, Tentative Parcel Map 98-126. As a concerned family living near this property for nearly 20 years, we are highly in favor of the intended five single family residences that have been proposed for this lot. Not only has it been a security concern, but it has also always been a constant eye sore. We strongly feel that these homes will be beneficial to our community, and we look forward to this proposal becoming a reality. Sincerely, I~~~O'~ Tim and Marsha O'Neill i . 412 Crystal Place Seal Beach, CA 90740-6219 June 3, 1998 Mr. Lee Whittenberg Director Department of Development Services City of Seal Beach, CA. Dear Mr. Whittenberg: I am writing in response to your notice of Negative Declaration 98-1, Variance 98-3, to re-divide four lots and provide one additional for a total of five single family residences on the North East comer of Pacific Coast Highway and Balboa Drive, Tentative Parcel Map 98-126. . As owners of 412 Crystal Place and 408 Crystal Place, we believe that the subdivision of four lots to five will enhance our property values greatly. Years ago, the lot on the comer of Seal Beach Blvd. and Pacific Coast Highway was divided in a similar fashion. We believe that decision enhanced the surrounding area, and it would also do the same for our neighborhood. Therefore we are writing this letter in support of the proposed request by Avalon Homes. Sincerely, ~J3~ Richard Bluth . . 417 Crystal Place Seal Beach, CA 90740-6219 June 2, 1998 Mr. Lee Whittenberg Director Department of Development Services City of Seal Beach, CA. Dear Mr. Whittenberg: . I am writing in response to your notice of Negative Declaration 98-1, Variance 98-3, to re-divide four lots and provide one additional for a total of five single family residences on the North East comer of Pacific Coast Highway and Balboa Drive, Tentative Parcel Map 98-126. As a property owner near the above location, I am in favor of this proposal and believe it can only enhance the properties in the surrounding area. The comer of Seal Beach Blvd. and Pacific Coast Highway was divided in a similar way from four lots to five, and there has been no adverse effect from that decision. Sincerely, Donald E. Smoot .