HomeMy WebLinkAboutPC Min 1998-05-06
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CITY OF SEAL BEACH PLANNING COMMISSION
AGENDA for MAY 6,1998
7:30 P.M. * City Council Chambers
211 Eighth street, Seal Beach, CA 90740
Next Resolution: 98-16
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
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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 April 22, 1998.
VI. SCHEDULED MATTERS
2. Consider Resolution No. 98-12 for CUP 98-6. Yucatan Grill
3. Consider Resolution No. 98-13 for HV 98-2 · 619 Ocean Ave.
4. Staff Report on Bixby Public Hearing Schedule.
Discussion on interactions between advisory bodies and their
Interrelation with the City Council.
VII. PUBLIC HEARINGS
6. Conditional Use Permit 98-7 and Height Variation 98-3
Address:
Applicant:
Property Owners:
118 12th S1.
Nicholas La Forte and Mark Sidbek-La Forte
Kenneth and Joan Payzant [in escrow]
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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.
City of Seal Beach Planning Commission · Agenda of May 6, 1998
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Request:
To carry out a major addition and/or remodel to a
nonconforming single family dwelling located at 118 12th
Street.
The property is nonconforming because the detached
garage has inadequate side and rear setbacks plus the
house has an inadequate side yard setback on the north
side. The proposal includes the addition of 136 square
feet to the first floor and a new 1,098 square foot second
floor. Additionally, the applicants are proposing to
construct a covered roof access structure (CRAS) in
excess of the maximum height limit.
Recommendation:
Approval of Conditional Use Permit 98-7, through the
adoption of Resolution No. 98- _' subject to Conditions
of Approval.
Approval of Height Variation 98-3 through the adoption
of Resolution No. 98-_ subjects to Conditions of
Approval.
6.
Conditional Use Permit 98-10
Address:
Business:
Applicants:
Property Owner:
16281 Pacific Coast Highway
Taco Surf
Liam Dee, Charlene and Doug Maris
Charlene and Doug Maris
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Request:
To amend the hours of operation for an alcohol-
related land use entitlement at Taco Surf (former
site of Noel's Seafood restaurant.) Specifically.
the applicants are proposing to change the
hours of operation from:
10:00 AM to 11 :00 PM daily
to:
11 :00 AM to 11 :00 PM Sun thru Wed.;
11 :00 AM to 2:00 AM Thu thru Sat.
Additionally, the applicants are proposing to
convert a portion of the restaurant to an outdoor
patio.
Recommendation:
Approval of CUP 98-10, through the adoption of
Resolution 98-_, subject to Conditions of
Approval.
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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 May 6, 1998
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VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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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.
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MAY 20
JUN 03
JUN 17
JUL 08
JUL 22
AUG 05
AUG19
SEP 09
SEP 23
. OCT 06
OCT 20
NOV 04
NOV18
DEC 09
DEC 23
JAN 1999
FEB 1999
Calendar:
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City of Seal Beach Planning Commission * Agenda of May 6, 1998
1998 AGENDA FORECAST
VAR 98-3 * 5 houses at Balboa & 12th Street
CUP 98-11 * 213/213% 11th Street * Mokhtarian's remodel.
TENTATIVE: PR 98-4 * 1013 Electric * Quinn's remodel.
CUP 98-9 * 1110 Electric * Richard King
Commercial Uses in C-2 Zone [from 4-8-98]
TENTATIVE: Bixby Ranch proposal
VAR 93-1* 212 Main Street ($7300 final In-lieu pmt)
12147 Seal Beach Boulevard * Seal Beach Market * Review #47 license.
Sales began 2-10-98.
April 2001 : CUP 98-6 @ 12147 Seal Beach Boulevard (Yucatan Grill) Review
ADA handicapped-accessible restroom. (36 months from April 1998).
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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.
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City of Seal Beach Planning Commis.~ion
Minutes of May 6, 1998
The regularly scheduled Planning Commission meeting of May 6, 1998 was called to
order by the Chairman 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 Yost, Larson, Law, Hood
Also
Present:
De.vartment of Development Services
Lee Whittenberg, Director
Craig Steele, Assistant City Attorney
Barry Curtis, Associate Planner
Joan FiUmann, Executive Secretary
AGENDA APPROVAL
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The Director requested Conditional Use Permit 98-10 be continued to the May 20,
1998 Planning Commission meeting without taking any public testimony tonight.
Additionally, he requested Resolution No. 98-20 be read by the Chair.
MOTION by Hood; SECOND by Yost to approve the Agenda as amended by the
Director.
MOTION CARRIED:
AYES:
5-0-0
Hood, Larson, Brown, Law, Yost
ORAL COMMUNICATIONS
Carla Watson * 1635 Catalina Avenue. Seal Beach
Ms. Watson asked people to donate to the Save Our Pool fund raiser and gave
particulars on how this could be done.
Sue Corbin * Seal Beach
Ms. Corbin spoke on the Planning Commission agenda, the processing of the Bixby
Ranch proposal and a house in the 300 block of Ocean A venue.
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Regarding the Planning Commission's agendas, she asked the Planning Commission
why they appeared unconcerned about the appearance/disappearance of agenda items on
the Agenda Forecast. She was particularly concerned about the decks backing to the
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City of Seal Beach Planning Commission * Minutes of May 6, 1998
Hellman Ranch and Howard Briefs parking Variance. She told the Commission it's
their job to watch the Agenda and represent the citizens.
Regarding the MOU for the Bixby Ranch proposal, she said the Bixby Ranch project
should not be pushed through the City but should be processed legally with the public
seeing everything.
Regarding the house at 206 Ocean Avenue, Ms. Corbin said dangers for children are
present. The house is under construction, there is 3' of water in the swimming pool.
There is a new stone wall fence built without rebar reinforcement. It's built to 8' when
the permit is for 6'. She said the pool should be drained and a legal fence built around
the property.
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Reg Clewley * Catalina A venue. Seal Beach
Mr. Clewley said continued items were missing from the Agenda Forecast. Regarding
the residence at 206 Ocean A venue, he said a letter went to the Planning Commission
from Mr. Till stating how the construction was okay. "The fact is, it was not built
according to specs. Rebar was not put in at 206... the Conditions of Approval have not
been met... the City is washing its hands of its responsibility on these conditions... ". "I
would feel, if 1 sat in your seat, that 1 was wasting my time because the directives that
you lay down as law -- it doesn't happen, it's ignored, the City refuses to act. We've
got real serious problems". He suggested the Planning Commission place a moratorium
on issuing any permits --- CUPs, Variances etc. until credibility can be established in
the City.
Ken Seiff * College Park East. Seal Beach
Mr. Seiff talked about the planning process on the Bixby Ranch proposal. He urged the
Commission not to let the applicant pull its plan because it's unfair and the citizens are
left dangling. At such a point other things come forward, like default plans.
There were no other speakers and the Chairman closed Oral Communications.
CONSENT CALENDAR
MOTION by Hood; SECOND by Law to approve the Consent Calendar as presented:
1. Approve Planning Commission Meeting Minutes of April 22, 1998.
MOTION CARRIED:
AYES:d
5-0-0
Yost, Brown, Hood, Larson, Law
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City of Seal Beach Planning Commission * Minutes of May 6, 1998
SCHEDULED MATTERS
2. Resolution 98-20, honoring and thanking Associate Planner Barry Curtis, was
read the Chairman.
MOTION by Hood; SECOND by Law to approve Resolution No. 98-20.
MOTION CARRIED:
AYES:
5-0-0
Hood, Law, Larson, Yost, Brown
This was followed by comments of appreciation by Director Whittenberg, who said that
Mr. Curtis trained him in dealing with issues in the City of Seal Beach. He said, "It is
not an easy city to work in, as a Planning Department staff member it's a very
controversial area to be located in within the City government structure". He thanked
Mr. Curtis for all his patience and expertise. The Commissioners commented and
thanked him also.
3. Resolution No. 98-12 for Conditional Use Permit 98-6
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The Commission considered Resolution No. 98-12 for the Yucatan Grill. Mr. Steele
answered a question that was asked at that last Commission meeting. Regarding the
value of the improvements, the question was whether or not there was some sort of
accumulation process --- is it each particular improvement or is there an accumulation
of the improvements? The Federal government's regulations promulgated to
consummate the Americans With Disabilities Act (ADA) says that every improvement
over a three (3) year period should be accumulated to determine a percentage for this
exemption. There was some improvement work done last year, this year will show the
patio work and fencing, and if additional work is done you'd starting adding up the
total value of the improvements over the three-year period to determine the 20 % to
make the exemption. If the cost of making the facility accessible exceeds 20% of the
cost of the improvement being done, then the accessibility is not required under the
ADA.
Commissioner Yost asked if the applicant were to wait one year plus one day then it
wouldn't be cumulative?
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Mr. Steele said presumably. However, the way he reads the exemption there appears
to be a significant amount of discretion that staff has in issuing the permits to determine
whether or not those improvements should be cumulative. The intent of the regulation
is to not allow that type of avoidance but to encourage accessibility wherever possible.
He said the Commission did the right thing in requiring a three-year requirement for the
handicapped restroom.
Chairman Brown questioned the stated costs for the ADA bathroom. He wonders how
these figures were substantiated?
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City of Seal Beach Planning Commission * Minutes of May 6, 1998
Mr. Steele said the valuation of each permit determines the cost. He said he did the
math for a conservative estimate. His figures showed the value of their proposed
improvements at $9,000 with the 20% subtracted. The cost of constructing th~ new
ADA restroom would have been significantly higher than the cost of improvements.
Regarding the cost of the improvements and validation of the figures, Mr. Whittenberg
explained the City Council has established a procedure used to determine construction
costs. These are based on publications provided to the City by California Building
Officials (CALBO). These show rates for construction in the Los Angeles area. The
rates are determined by statewide organizations, not by the Planning Department.
Mr. Steele said the numbers tend to be conservative and it's important the City uses
these numbers because that's how the permit fees are determined.
Commissioner Law said the Yucatan Grill would have to save $722 for three years to
save $26,000 for that restroom. This is exorbitant and unfair. This man is leasing this
restaurant, he doesn't own it.
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Chairman Brown asked that when you consider the cost, do you consider tables and
chairs and other fixtures?
Mr. Whittenberg said no, only permanent fixtures are counted. Moveable furniture is
not counted.
Commissioner Larson said he concern was that the applicant was doubling his seating
capacity. The Commission does not want this forgotten in three years.
MOTION by Yost; SECOND by Hood to approve Resolution No. 98-12 for CUP 98-6
for the Yucatan Grill.
MOTION CARRIED:
AYES:
NOES:
4 - 1- 0
Yost, Hood, Larson, Brown
Law
Mr. Steele advised that the Planning Commission's action is final tonight and the ten
calendar-day appeal period begins tomorrow.
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City of Seal Beach Planning Commission * Minutes of May 6, 1998
4. Resolution No. 98-13 for Height Variation 98-2 at 519 Ocean Avenue.
MOTION by Hood; SECOND by Yost to approve Resolution No. 98-13 denying
Conditional Use Permit 98-6
MOTION CARRIED:
AYES:
NOES:
4 - 1- 0
Yost, Hood, Law, Brown
Larson
Mr. Steele advised that the Planning Commission's action is final tonight and the ten
calendar-day appeal period begins tomorrow.
5. Staff Report on the Bixby Public Hearing Schedule
Mr. Whittenberg apologized for not having a written staff report, noting he had been on
vacation last week. Instead, he gave a verbal presentation. He said the Planning
Commissioners received copies of the Bixby DEIR and this included a tentative time
schedule: 1
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Q May 6
Q June 7
Q June 14
Q June 21
Between this date and May 29, the EQCB and AAC2 will hold meetings
to receive comments on DEIR.
DEIR public comment period ends.
City has responsibility to prepare a FEIR, including Responses to
Comments.
Planning Commission Public Hearings.
EQCB's final review of the FEIR; includes Response to Comments.
Second Planning Commission Public Hearing --- after EQCB has
Reviewed the FEIR.
Q May 29
Staff hears the concerns of both the Planning Commission and the EQCB that they
would prefer the EQCB hearings and proceeds to be finalized prior to the Planning
Commission beginning. Staff can accommodate this scheduling. There is the
provision that the City will process the application in a timely manner.
Chairman Brown said he agreed to the Planning Commission not beginning until the
EQCB had finished their review. However, it might be necessary for the EQCB meet
weekly, or hold additional meetings, as the Planning Commission had done on the
previous reviews. The Planning Commission will remain ready to hold weekly
meetings as needed.
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I Please see revised agenda attached [from 5/20/98 meeting]
2 Environmental Quality Control Board (EQCB)
Archaeological Advisory Committee (AAC)
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City of Seal Beach Planning Commission * Minutes of May 6, 1998
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Mr. Whittenberg said staff would revise this schedule and present it to the Planning
Commission at its June 3rd meeting.
Commissioner Hood thanked all the volunteers responsible for televising the last
EQCB meeting. He urged accommodating the revised schedule.
PUBLIC HEARINGS
6. Conditional Use Permit 98-7
118 12th Street
Staff Report
Mr. Curtis delivered the staff report. [Staff report on f1le in the Planning
Department for inspection]. The applicants, Nick and Mary La Forte, requested
approval for a major addition to a non-conforming single family residence. Their
request for Height Variation 98-3 was withdrawn, as they will not be requiring a
CRAS. The plans must be re-worked to provide an extra 3" to achieve the 12'
setback.
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Commission Ouestions to Staff
Commissioner Larson asked if the applicants would be the owners on June lal<] Mr.
Curtis said yes.
Public Hearing
The applicants were present but declined to speak.
Bill Ward * Seal Beach
Mr. Ward said he lives across the alley from this site and wanted to know if he
could build a roof deck with a CRAS?
Mr. Curtis advised him that he would have to review his property specifications to
determine this.
There were no persons wishing to speak against this application and the Chairman
closed the Public Hearing.
Commission Deliberations
Chairman Brown indicated that on new construction the Planning Commission
demands the setbacks be met.
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MOTION by Larson; SECOND by Yost to approve Resolution No. 98-15, thus
approving Conditional Use Permit 98-7.
MOTION CARRIED:
AYES:
5-0-0
Larson, Yost, Brown, Hood, Law
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City of Seal Beach Planning Commission * Minutes of May 6, 1998
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Mr. Whittenberg advised the ten-calendar-day appeal period begins tomorrow.
STAFF CONCERNS
Withdrawal of Ap.plications
Responding to the public comments on applicants withdrawing their applications,
Mr. Whittenberg said that while it may be frustrating to the public, it is legal for the
applicant to do this.
206 Ocean Avenue
Responding to the public comments on the house at 206 Ocean Avenue, Mr.
Whittenberg said the building permits were properly issues and the house, walls and
pool meet all City building requirements.
Code Enforcement
Mr. Whittenberg explained that the Planning Commission does not see the number
of code enforcement cases on a regular basis. There are approximately 30 - 40 per
month and 95 % of these are resolved to the City's satisfaction and without legal
remedies. The comments brought forward during Oral Communications tonight
involve convoluted issues which now require legal remedies.
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Commissioner Yost Resigns
Mr. Curtis indicated that Commissioner Yost submitted a written resignation from
the Planning Commission to be effective May 19th.
Thank Everyone
Mr. Curtis thanked City staff, the EQCB and the Planning Commission for support
and friendship.
COMMISSION CONCERNS
District 3 Planning Commissioner
Commissioner Yost said he is still seeking a replacement for District 3.
Pending Agenda Items
Commissioner Hood said staff must strengthen the Agenda Forecast to ensure no
items up for review are missed.
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Decks Facing Hellman Ranch
Commissioner Law asked about the deck at 1733 Crestview. The Director advised
her that the Commission couldn't discuss an item that is not on the agenda. He
continued to say that the City Council directed staff to research the issue in detail
and that's going on now. Approximately 130 parcels are involved so there is a lot
of research.
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City of Seal Beach Planning Commission * Minutes of May 6, 1998
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ADJOURNMENT
The Chair adjourned the meeting at 8:30 p.m.
Respectfully Submitted,
c\o~~~'"
Joan Fillmann
Executive Secretary
Department of Development Services
APPROV AL
The Planning Commission Minutes of May 6, 1998 were approved by the Planning
Commission on May 20th, 1998. ~
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