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HomeMy WebLinkAboutPC Min 1998-01-21 . . . , CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for JANUARY 21, 1998 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA 90740 Next Resolution: 98-01 I. PLEDGE OF ALLEGIANCE II. ROLL CALL m. 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 Minutes of December 17, 1997 2. Consideration of Planning Commission Resolutions a No. 97-47 ZTA 97-5 Billiard Tables a No. 97-48 CUP 97-10 941 PCH/Zoning GPA 97-3 Rezone Shopping Center a No. 97-49 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 · January 21, 1997 3. Receive and File: Staff Report to City Council, dated January 12, 1998, re: Seal Beach Naval Weapons Station Installation Restoration Program - Status Report re All Installation Restoration Sites. 4. Receive and File: Staff Report to City Council, dated January 12, 1998, re: Regional Transportation Plans - Southern California Association of Governments and Orange County Transportation Authority. VI. SCHEDULED MATTERS VII. PUBLIC HEARINGS 5. Revocation of Variance 87.2 [Continued from October 8, 1997] Address: Applicant: Property Owner: Request: Recommendation: 222 Main Street City of Seal Beach Howard Brief Consider revocation of Variance 87-2 for failing to pay required in-lieu parking fees. The Planning Commission's approval of Variance 87-2 permitted the remodel of a non-conforming commercial/residential structure to create a 100% commercial use without bringing the property into conformity with existing zoning. Pleasure of the Commission thru the adoption of Resolution No. 98-_. 6. Conditional Use Permit 97-14 Address: Business: Applicant: Property Owner: Request: 4000 Lampson Avenue Mobil Service Station Paul Collins Kamal Singh To add a mezzanine of 127 square feet within an existing storage room at an existing service station. The mezzanine is to be used as a small office/storage area. Recommendation: Approval thru the adoption of Resolution No. 98-_. 2 e . e City of Seal Beach Planning Commission Agenda · January 21, 1997 , VIII. STAFF CONCERNS Memo re Realty Sign at Old City Hall IX. COMMISSION CONCERNS X ADJOURNMENT 3 City of Seal Beach Planning Commission Agenda · January 21, 1997 , e 1998 AGENDA FORECAST FEB 04 CUP 98-1NAR 98-1 @ 116 Main CUP 98-2NAR 98-2 @ 250 Ocean FEB 17 MAR 03 MAR 17 APR 08 APR 22 MAY 06 MAY 20 JUN 10 JUN 23 JUL 08 JUL 22 " AUG 05 AUG 19 SEP 09 SEP 23 OCT 06 OCT 20 NOV 04 NOV18 DEC 09 DEC 23 Bixby proposal Review Municipal Code/Commercial Uses VAR 93-1 212 MAIN ($7300 final in-lieu pmt) e 4 e CITY OF SEAL BEACH PLANNING COMMISSION MINUTES for JANUARY 21, 1998 I. PLEDGE OF ALLEGIANCE Chairman Brown called the regularly scheduled Planning Commission meeting to order at 7:30 p.m. in City Council Chambers. The meeting began with the Salute to the Flag. II. ROLL CALL Present: Chairman Brown Commissioners Yost, Hood, Law, Larson Also Department of Development Services Present: Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Associate Planner Absent: Joan Fillmann, Executive Secretary e III. AGENDA APPROVAL MOTION by Larson; SECOND by Hood to approve the Agenda as presented. MOTION CARRIED: AYES: 5-0-0 Larson, Hood, Yost, Brown, Law IV. ORAL COMMUNICATIONS There were no oral communications. Y CONSENT CALENDAR MOTION by Yost; SECOND by Larson to approve the Consent Calendar as presented: e 1. Approve Planning Commission Minutes of December 17, 1997 2. Consideration of Planning Commission Resolutions a No. 97-47 ZTA 97-5 Billiard Tables City of Seal Beach Planning Commission Minutes * January 21, 1998 e a No. 97-48 a No. 97-49 CUP 97-10 941 PCH/Zoning GPA 97-3 Rezone Shopping Center 3. Receive and File: Staff Report to City Council, dated January 12, 1998, re: Seal Beach Naval Weapons Station Instal/ation Restoration Program - Status Report re AI/lnstal/ation Restoration Sites. 4. Receive and File: Staff Report to City Council, dated January 12, 1998, re: Regional Transportation Plans - Southern California Association of Governments and Orange County Transportation Authority. Commissioners Law and Hood indicated their votes reflect abstentions from voting on the December 17, 1997 Minutes as they were absent. They approved the remainder of the Consent Calendar. MOTION CARRIED: AYES: 5-0-0 Law, Larson, Yost, Hood, Brown VI. SCHEDULED MATTERS e There were no Scheduled Matters. VII. PUBLIC HEARINGS 5. Revocation of Variance 87-2 [Continued from October 8, 1997] Address: Applicant: Property Owner: 222 Main Street City of Seal Beach Howard Brief Staff Report The Planning Commission was to consider revocation of Variance 87-2 per the applicant's failure to pay in-lieu parking fees. Mr. Whittenberg indicated Planning Department staff and the Assistant City Attorney had met with Howard Brief on Tuesday, January 21, 1998. Staff feels there is potential to resolve this matter equitably. Staff requested the Commission to allow additional time to continue the negotiation process and suggested the Commission table the matter at this point. Staff will report back to the Planning Commission when a resolution has been reached. Staff feels that will be in less than one month. e 2 City of Seal Beach Planning Commission Minutes * January 21, 1998 e MOTION by Hood; SECOND by Larson to table consideration of Variance 87-2 to the February 14, 1998 Commission meeting. Commissioner Larson said he understood staff's request was to simply table the matter with no specific date to return. Mr. Whittenberg agreed, saying he made that suggestion in case the parties could not reach an agreement as quickly as anticipated. Commissioner Hood said the last sentence of the staff's memo requested the Commission to table the matter for two meetings. Mr. Curtis said the staff memo did say two weeks but he felt Mr. Whittenberg's suggestion would allow more flexibility. AMENDED MOTION by Hood: To table consideration of Variance 87-2. MOTION CARRIED: AYES: 5-0-0 Hood, Larson, Law, Yost, Brown 6. Conditional Use Permit 97-14 e Address: Business: Applicant: Property Owner: 4000 Lampson Avenue Mobil Service Station Paul Collins Kamal Singh Staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department for inspection]. The request is to add a mezzanine of 127 square feet within an existing storage room. The mezzanine is to be used as a small office/storage area. Commission Questions to Staff Chairman Brown noted the plans refer to this station as a "mini-market" and he thought the City's zoning code did not allow mini-markets. Mr. Curtis agreed the zoning code doesn't allow mini-markets. Staff inspection showed the service station complies with what staff considers a sales area for incidental motorist services and supplies. "Mini-market" is a trade term used by the industry to designate any area other than gasoline. Staff's inspection showed the area to be quite small and limited to sale of soft drinks and crackers; they don't have things like packaged sandwiches. e Commissioner Hood asked what the difference was between a "mini-mart" and an "ultra mini-mart"? 3 " City of Seal Beach Planning Commission Minutes * January 21, 1998 e Mr. Curtis said the City doesn't have a definition for "mini-mart". It's a trade term. This meets the City's definition of what is allowed to be sold at a gas station. Commissioner Hood said it was called a "mezzanine" and not a "loft". He asked what the reason was? Mr. Curtis explained a "mezzanine" and a "loft" are similar but the standards for a mezzanine are slightly different according to the Uniform Building Code. A mezzanine has a requirement for a certain percentage to be open to the space below. For practical purposes it could be called either; it's basically a partial second story above a storeroom. It's called a mezzanine because it's open to the room below and it will be open and it will be incorporated with the room below. Commissioner Yost asked if there were alcohol sales there? Mr. Curtis said no. Public Hearina e Paul Collins. Architect * 1415 Dakota Avenue. Lona Beach. CA Mr. Collins said he should not have put "mini-market" on the plans. This is just a few refrigerators to buy soft drinks from plus a few crackers and candy. A mini- market typically sells alcohol, toilet items, and has a full working kitchen. The same principal applies to "mezzanine" or "loft". He could have used the terms interchangeably. Commissioner Larson asked if this were the same owner of the service station at St. Cloud Drive? Mr. Curtis said no, the applicant does own three or four Mobil stations but this is the only station he owns in Seal Beach. There were no persons wishing to speak for or against this application and the Chair closed the Public Hearing. Commission Deliberations Chairman Brown asked why this was coming before the Commission if it isn't an intensification of use? Mr. Curtis explained this is a modification to the CUP approved in 1989. It requests the addition of 130 square feet for a use that requires a Conditional Use Permit. Mr. Steele added it's not just intensification, it also includes expansion of an existing CUP. e 4 e e e City of Seal Beach Planning Commission Minutes * January 21, 1998 Chairman Brown clarified that the Planning Commission is not voting for a mini- market. These are items which are incidental to motorists - something that you might pick up while you are already in your car but not something that you would drive to a facility and drive home. MOTION by Hood; SECOND by Larson to approve Resolution No. 98-1, thus approving Conditional Use Permit 97-14. MOTION CARRIED: AYES: 5-0-0 Hood, Larson, Yost, Brown, Law Mr. Steele advised the Planning Commission's action is final tonight and the ten calendar-day appeal period begins tomorrow. VIII. STAFF CONCERNS Realty Sians at Old City Hall Mr. Whittenberg said a memo regarding the realty sign at the Old City Hall would be presented to the Commission at its next meeting. The signs have been removed and now comply with Code requirements. Planner's Institute Regarding the Planner's Institute, Mr. Whittenberg said the program was in the packet. The League of California Cities will present it in March. The City would be able to pay for registration for the Commissioners; staff will be attending. IX. COMMISSION CONCERNS Hellman Ranch Proiect Status Commissioner Law asked for a status report on the Hellman Ranch. Mr. Whittenberg advised the project was approved by the City and has been submitted to the CA Coastal Commission. The Commission will be hearing the project in April in Long Beach; no exact dates are known now. Its recommendations are not formalized. Discussions are on going regarding wetland restoration issues and he was uncertain of that outcome. Commissioner Yost asked how support could be shown? Mr. Whittenberg said the best thing to do would be to send letters to the Coastal Commission indicating concurrence with the project as approved by the City. Mr. Steele advised that there is a lawsuit pending regarding the adequacy of the EIR. It is directed at the archaeological issues on the property. The City is defending the lawsuit and the hearing is scheduled for May 1, 1998. The City is 5 City of Seal Beach Planning Commission Minutes * January 21, 1998 . cooperating with the Hellman family and it's representatives and has hopes for prevailing. Deck Ordinance Chairman Brown said he noted the City Council made a wise decision to vote against this matter at its second reading of the ordinance. Mr. Whittenberg said the City Council has asked staff to do some further research regarding the number of decks that may exist in that area that have been constructed without permits. They want additional information as to how far those decks may/may not encroach into the required setbacks. They asked for a report on this to be brought back to them before they provide direction to staff. The matter is on hold until that time. e Gettina Answers Commissioner Larson said the Planning Commission asks staff questions but does not get answers. For example, the Zone Change at the Seal Beach shopping center. He wanted to know when it was built and when the zoning went into effect. The Commission was not able to get that answer because it's buried somewhere. Staff will say it's very difficulUtime consuming to go through the microfiche. He said that when he doesn't get facts when he wants them he has a tendency to vote no. "I don't think the questions we ask are foolish.... And I think I'd like to be assured that we can get these things. I know it's difficult to anticipate every question - some of which you may think are foolish from the staffs side -- but my basic nature is to vote no when I don't know the facts." Mr. Whittenberg said staff attempts to respond as best it can. Unfortunately some records of the City are not as easily attainable as staff would like them to be. Some development approvals were granted in the 1930's and the record keeping at that time is just not complete to where staff could give definite answers to the Commission. For example, staff had a meeting regarding the Seal Beach Trailer Park today and staff couldn't get complete answers on things that happened in 1979. Staff will always attempt to get complete answers for the Commission. February 4. 1998 Meetina Commissioner Yost asked if there was an agenda for February 4, 1998? He will not be able to attend that meeting as he has to deliver a lecture. Mr. Whittenberg said there may not be a Commission meeting on February 4th. Staff will notify the Commission when it knows. e 6 . e . ~ , . City of Seal Beach Planning Commission Minutes * January 21. 1998 X. ADJOURNMENT Chairman Brown adjourned the meeting at 7:57 p.m. Respectfully Submitted: 1 SjO-c:r.,-, ~ - ~ Joan Fillmann, Executive Secretary Planning Department1 APPROVAL: The Planning Commission Minutes of January 21, 1998 on March 4,1998._ 1 These Minutes were transcribed from an audiotape of the meeting. 7