HomeMy WebLinkAboutPC Min 1999-02-17
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for February 17, 1999
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District 1 - Brian Brown
District 2 - John Larson
District 3 - Len Cutuli
District 4 - David Hood
District 5 - Thomas Lyon
Department of Development Services
Lee Whittenberg, Director
Craig Steele, Assistant City Attorney
Maryann DeHaven, Planner, Willdan & Associates
Joan Fillmann, Executive Secretary
a City Hall office hours are 7:00 a m. to 6:00 p.m. Monday through
Thursday. Friday 8:00 a.m. to 4:00 p.m. Closed noon to 1 :00 p.m.
a The City of Seal Beach complies with the Americans with Disabilities Act
If you need assistance to attend this meeting please telephone the City
Clerk's Office at least 48 hours in advance of the meeting. (562) 431-
2527.
a Planning Commission meetings are broadcast live on Seal Beach 1V3.
They are rebroadcast on Sunday evenings, Channel 3 at 4.00 pm.
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a Videotapes of Planning Commission meetings may be purchased from
Seal Beach TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
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Copies of staff reports and/or written materials on each agenda item are
on file on the Department of Development Services and CIty libraries for
public inspection.
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City of Seal Beach Planning Commission · Agenda of February 17, 1999
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PLANNING COMMISSION AGENDA INFORMATION SHEET
The following is a brief explanation of the Planning Commission agenda
structure:
AGENDA APPROVAL: The Planning Commission may wish to change the order
of the items on the agenda.
ORAL COMMUNICATIONS: Anyone wishing to address the Planning
Commission, only on items not on tonight's agenda, may do so during this time
period. No action can be taken by the Planning Commission on these
communications on this date, unless agendized.
PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to
speak in favor of or against agendized items. More detailed information is found
in the actual agenda attached. If you have documents to distribute, you should
have enough copies for all Planning Commissioners, City staff and the public
Please give one to the secretary for the City files. The documents become part
of the public record and will not be returned.
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CONSENT CALENDAR: Consent Calendar items are considered routine items
that normally do not require separate consideration. The Planning Commission
may make one motion for approval of all the items listed on the Consent
Calendar.
SCHEDULED MATTERS: These items are considered by the Planning
Commission separately and require separate motions. These transactions are
considered administrative and public testimony is not heard.
STAFF CONCERNS: Updates and reports from the Director of Development
Services (Planning and Building Departments) are presented for information to
the Planning Commission and the public.
COMMISSION CONCERNS: Items of concern are presented by the Planning
Commissioners and discussed with staff.
All proceedings are recorded.
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City of Seal Beach Planning Commission * Agenda of February 17,1999
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City of Seal Beach Planning Commission
February 17, 1999 Agenda
Next Resolution: 99-01
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
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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 January 20 1999
2. Receive and File: Signed/Recorded Document re: 222 Main StreeVHoward Brief
Covenant for the Payment of In-Lieu Parking Fees
3. Receive and File: Staff Report dated January 25, 1999, to City Council re:
Receive and File Response to City Comment Letter on "Mitigated Negative
Declaration - Balsa Chica Channellmprovements~ County of Orange
4. Receive and File: Staff Report dated January 25, 1999 to City Council re Seal
Beach Weapons Support Facility Installation Restoration Program - Draft Fmal
Site Management Plan.
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City of Seal Beach Planning Commission * Agenda of February 17, 1999
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VI.
PUBLIC HEARINGS
5. Conditional Use Pennit 99-1
3001 Old Ranch Parkway
Applicant:
Property Owner.
Business:
Request:
Nutall-Uchizono Associates for George Kootoosedes
Bixby Ranch Company
Mr. K's American Grill
To pennit the sale of beer, wine and distilled spirits in
conjunction with a new restaurant (Mr. K's American
Grill).
Recommendation:
Approval, subject to conditions.
VII. SCHEDULED MATTERS
6. Zoning Text Amendment 96-1 Planning CommiSSion Study Session of Rear Yard
Setbacks for Deck Structures Along Crestview Avenue, Catalina Avenue and
Surf Place (Specifically the Residential Properties Adjoining Gum Grove Park
and the Hellman Properties).
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
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X.
ADJOURNMENT
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City of Seal Beach Planning Commission * Agenda of February 17, 1999
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1999 Aaenda Forecast
MAR 03
CUP 96-1 13960 S B B * Seal Beach Market * Review #47,Sales began 2-10-98
Study Session. NOIse Standards In C2 Zones (P Campbell 7f27/98)
Study Session ZTA on Issue of side-yard setbacks along stub streets In the Gold Coast
area of Ocean Avenue (3-4-98)
MAR 17
APR 07
APR 21
CUP 98-8 * 12161 S B B * Champs Dnve -Thru Wlndow@ 12 mos
MAY 05
MAY 19
JUN 09
JUN 23
JUL 07
JUL 21
AUG 04
AUG 18
SEP 08
SEP 22
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OCT 06
OCT 20
NOV 03
NOV17
DEC 08
DEC 22
TO BE SCHEDULED:
Cl Study Session Three-story structures on Main Street
Cl Study Session Height limits In Commercial Zones (P Campbell 7-27-98)
Cl Study Session Permitted Uses & Development Standards In Commercial Zones (5-6-98)
Cl Study Session Seal Beach Boulevard (from 10-7-98)
Cl Study Session Anaheim Bay Villas (from 10-7-98)
Cl Staff Report Undergroundlng of Utilities
And Beyond . . .
Calendar
Apnl2001 CUP 98-6 @ 12147 Seal Beach Boulevard (Yucatan Gnll) ReView
ADA handicapped-accessible restroom (36 months from Apn11998)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of February 17, 1999
Chairman Brown called the regularly scheduled Planning Commission meeting of
February 17, 1999 to order at 7:30 p.m. The meeting was held in the City Council
Chambers and began with the Salute to the Flag.1
ROLL CALL
Present:
Chairman Brown
Commissioners Larson, Hood, Cutuli
Also
Present:
Department of Development Services
Lee Whittenberg, Director
Craig Steele, Assistant City Attorney
Maryann DeHaven, Planner
Absent:
Commissioners Lyon
Mr. Whittenberg explained staff had spoken with Commissioner Lyon who indicated he
remains ill and could not be present tonight.
MOTION by Hood; SECOND by Cutuli to excuse Commissioner Lyon's absence
tonight.
MOTION CARRIED:
AYES:
ABSENT:
4-0-1
Brown, Hood, Cutuli, Larson
Lyon
Mr. Rea Clewlev · 945 Catalina Avenue. Seal Beach
Mr. Clewley stated that he would like to address item 6 under scheduled matters during
that time rather than during oral communications. He had prepared a photographic
slide show regarding the item. Chairman Brown agreed that although the presentation
could be done during oral communications, it would be more appropriate when item 6
under scheduled matters was discussed.
1 These Minutes were transcribed from an audiotape of the meeting.
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City of Seal Beach Planning Commission - Minutes of the February 17, 1999 Meeting
AGENDA APPROVAL
MOTION by Hood; SECOND by Cutuli to approve the Agenda as presented.
MOTION CARRIED:
AYES:
ABSENT:
4-0-1
Brown, Hood, Cutuli, Larson
Lyon
ORAL COMMUNICATIONS
There were no oral communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of January 20 1999.
2. Receive and File: Signed/Recorded Document re 222 Main Street/Howard
Brief Covenant for the Payment of In-Lieu Parking Fees
3. Receive and File: Staff Report dated January 25, 1999, to City Council re:
Receive and File Response to City Comment Letter on "Mitigated
Negative Declaration - Bolsa Chica Channel Improvements': County of
Orange.
4. Receive and File: Staff Report dated January 25, 1999 to City Council re:
Seal Beach Weapons Support Facility Installation Restoration Program -
Draft Final Site Management Plan.
MOTION by Hood; SECOND by Larson to approve the Consent Calendar as presented.
MOTION CARRIED:
AYES:
ABSENT:
4-0-1
Brown, Hood, Cutuli, Larson
Lyon
PUBLIC HEARINGS
5. Conditional Use Permit 99-1
Mr. K's American Grill
3001 Old Ranch Parkway
Staff Report
Mr. Whittenberg delivered the staff report. (Staff report on file in the Planning
Department for inspection.) The applicant, Mr. George Kookootedes, is requesting to
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City of Seal Beach Planning Commission - Minutes of the February 17, 1999 Meeting
establish a new restaurant use with the sale of beer, wine and distilled spirits. The site
is the former location of Tortilla Beach that closed approximately three years ago. Since
more than six months has elapsed, it is necessary for the new tenant to apply for a new
conditional use permit for operation of a restaurant with the sale of alcohol. It was
stated that the restaurant building is existing and that interior tenant improvements and
some exterior improvements will be completed prior to the opening of the restaurant.
The square footage of the restaurant including the patio area is approximately 7,200
square feet and will have a seating capacity of 250 persons.
The proposed hours of operations from 11 :30 a.m. to 1 :00 a.m. Staff is recommending
hours of operation from 11 :00 a.m. to 11 :00 p.m., the same operating hours for
Spaghettini. Staff is also recommending that the existing three-foot high wall
surrounding the patio have an additional two-feet of clear plexiglas to lessen the impact
of traffic sound from Seal Beach Boulevard. No additional parking is being required
since there is adequate parking based on the specific plan adopted for the
development, however, the restaurant may want to consider valet parking in the evening
hours similar to Spaghettini's. The valet parking should not necessarily be a condition
of approval, but a suggestion to the owner to work with Spaghettini for valet parking in
the evening.
Crime reporting districts must be considered when reviewing an application for an
alcoholic beverage license. The crime reporting district where the subject property is
located is considered to be low and therefore, crime is not an issue. Overconcentration
of liquor licenses is based on census tracts, not crime reporting districts. The census
tract where the property is located includes Rossmoor Shopping Center and the
Rossmoor residential area. The census tract does have an overconcentration of liquor
licenses based on population. Although overconcentrated, staff feels that the reopening
of this restaurant and the issuance of a liquor license would be beneficial to the
community since other alcohol related uses have been in existence in the past. Staff
recommends approval based on the conditions of approval as outlined in the staff
report.
Commission Questions to Staff
Chairman Brown asked for a clarification of the condition recommended by staff
regarding the plexiglas barrier within the patio area.
Mr. Whittenberg stated that it would benefit the patrons from traffic noise along Seal
Beach Boulevard and assist in protecting the patio area from debris that may be blown
into the patio.
Chairman Brown asked whether that would fall under an operational issue of the
restaurant management?
Mr. Whittenberg stated that it is at the discretion of the Commission to consider as part
of the approval.
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City of Seal Beach Planning Commission - Minutes of the February 17, 1999 Meeting
Chairman Brown stated that he could understand if the wall was for the benefit of the
residents who live adjoining the property.
Mr. Whittenberg indicated that there is an existing six-foot high block wall and a
grouping of trees approximately 25 feet in height to provide a visual blockage of the
restaurant property from the adjoining residential area.
Public Hearina
Richard Okimoto · Nutall-Uchizono Associates (architects)
Mr. Okimoto indicated that the staff report is extensive and covers a great deal of
information. His presence at the meeting was principally to answer questions the
Commission may have regarding the architectural portions of the project. Mr. Okimoto
explained in detail how the architecture of the building would be altered, specifically the
front entrance and the cover over the patio.
There were no Commissioner questions regarding the proposed design and Chairman
Brown asked if there was anyone wishing to speak in favor of the project.
Georae Kookootedes · 18912 MacArthur Boulevard, Irvine
Mr. Kookootedes stated he was seeking approval of the conditional use permit to
operate the restaurant and for the sale of alcoholic beverages and agrees with the
recommendations of staff with exception of the hours of operation.
Chairman Brown indicated that was a suggestion by staff and Mr. Whittenberg
explained that those hours were in keeping with the approved hours for Spaghettini's.
He also mentioned that the Commission has the authority to establish different
operating hours as they see fit.
Chairman Brown asked Mr. Whittenberg what the closing time for Tortilla Beach was.
Mr. Whittenberg was not totally sure, but believed it to be the same as Spaghettini's, or
11 :00 p.m.
Chairman Brown asked Mr. Kookootedes about the condition of the plexiglas panels,
with Mr. Kookootedes indiCating that he would be willing to spend the money for them if
staff requests they be placed in the patio area.
Commissioner Cutuli asked Mr. Kookootedes whether there was any reason why the
hours of operation should be extended longer than the use next door?
Mr. Kookootedes explained that he has several business associates who come from
out-of-town and it is customary for their dinner to begin at 9:00 p.m and that two hours
for dinner is not an adequate amount of time.
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City of Seal Beach Planning Commission - Minutes of the February 17, 1999 Meeting
No other questions were asked of Mr. Kookootedes and he indicated that he is anxious
to open and to start doing business in this area.
Rea Clewlev · 945 Catalina Avenue. Seal Beach
Mr. Clewley spoke in favor of the proposal and that it was a good proposal for the
College Park East area. The proposal is in keeping with the Commission's desire of a
successful development in the area (referring to the Town Center project). The extra
hours of operation will assist in making it a successful business. Mr. Clewley suggested
that exotic entertainment also be allowed.
No other persons wished to speak in favor of the project.
No persons wished to speak in opposition of the project.
Rebuttal
Chairman Brown asked if the applicant would like to rebut the comments made.
Mr. Whittenberg stated for the record that live entertainment would not be allowed
unless an additional conditional use permit for that specific request is approved.
Mr. Kookootedes did not with to rebut the comments made.
Commission Deliberation ,
Commissioner Hood recognized the concerns of Chairman Brown regarding the
condition of the plexiglas and indicated that he would not want to eat on a patio so close
to Seal Beach Boulevard. The addition of the plexiglas would increase the quality of
dining on the outside patio. Commissioner Hood also indicated that he understood
different cultures and their dining practices and that the other restaurant in Irvine
remains open until 1 :00 a.m., but Seal Beach is different. It is a family-oriented
community concerned more with family and home than restaurants that stay open until
1 :00 a.m. He stated that he is in agreement with staff regarding the operating hours
since it is in keeping with the other existing restaurant and previous restaurant uses as
that site. Commissioner Hood indicated that he might consider extended operating
hours if the business proves to be successful and that extensive complaints are not
received; however, at this time, it would be best to respect the residents of College Park
East with minimal traffic late at night.
Commissioner Larson indicated that the Old Ranch Country Club has a closing time of
2:00 a.m. and that this time probably does not create a substantial Increase of traffic in
the area. There have been two unsuccessful restaurants at this location in the past and
it is nice when businesses succeed. He will go with the majority and that the hours
should be at least until midnight.
Commissioner Cutuli felt that the hours similar to Spaghettini would be most appropriate
and that a future review of the use permit in six months may warrant later hours, but
initially, the hours should be the same as Spaghettini's.
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City of Seal Beach Planning Commission - Minutes of the February 17, 1999 Meeting
Chairman Brown stated that it was his understanding that the purpose of the Planning
Commission was to represent the interests of the neighbors and surrounding property
owners since all businesses come before the Commission. In this case, there are not a
lot of neighbors since there are two major freeways, a busy street and the closest
residents are those living in Rossmoor separated by a parking lot and row of trees.
Therefore, the plexiglas wall should be at the discretion of the business since it is an
operational aspect of the business. The protection of patrons should not be considered
at a Planning Commission level and the condition should not be imposed.
In reference to the hours of operation, Chairman Brown stated this area is different than
Main Street in that the residents are not so close. This is one of the better areas for this
type of use in that it has little impact on residents. It is not the duty of the Commission
to dictate an appropriate time when a business should close. Restaurants tend to
become bars atter a certain ,time (about 11 :00 p.m.) and that a bigger problem is people
drinking and then driving, but that is the responsibility of the restaurant and law
enforcement. Closing at 1:00 a.m. would be appropriate for Mr. K's and for
Spaghettini's if desired and it is not an issue of fairness and this issue exists along Main
Street where some businesses are restricted to 11 :00 p.m. and others stay open later.
This is the third restaurant at this location and we want it to be successful and staying
open later would help it be more viable.
Commissioner Hood stated that there are 30 to 40 homes within 300-feet of the subject
site that are in the unincorporated community of Rossmoor and do not get
representation on matters in Seal Beach. If the proposed use was within one of the
Commissioner's district and there were 30 to 40 homes within the 300-feet of the
subject site, the hours of operation may be viewed differently. Commissioner Hood
stated that the hours should be as staff recommended for the first six months and then
consider increasing the hours at this time if all goes well.
Commissioner Cutuli asked if the hours for Spaghettini were requested in the initial
approval or if staff recommended them.
Mr. Whittenberg indicated that issue would have to be researched.
Chairman Brown stated that his understanding of placing hours on businesses was a
result of the Main Street Specific Plan and that the restricted hours have been applied
only in the Main Street area so far.
Mr. Whittenberg confirmed this and stated that for new business not within the Main
Street Specific Plan area that a basic operational law dictates that the business cannot
operate between 2:00 a.m. to 6:00 p.m. This would apply to businesses along Pacific
Coast Highway and in the Rossmoor Shopping Center if not controlled by a conditional
use permit. The Commission has the discretion through this process to place what they
feel to be the appropriate hours of operation for the business.
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City of Seal Beach Planning Commission - Minutes of the February 17, 1999 Meeting
Chairman Brown stated one option would be to allow the extended hours since
businesses are most vulnerable in the first six months of operation and they should be
given the maximum opportunity to succeed during this time. Chairman Brown then
suggested a compromise to midnight, or to 11 :00 p.m. during the week and 1 :00 a.m.
on the weekends. He then summarized the request into the following three areas: 1)
the conditional use permit itself, 2) the plexiglas wall in the patio and 3) the hours of
operation.
Chairman Brown asked the Commission to first consider the plexiglas wall.
Commissioner Cutuli felt the installation of the plexiglas wall was up to the owner.
Commissioner Larson agreed with Commission Cutuli. Chairman Brown indicated he
felt the same. Commissioner Hood stated that he would not tell the owner what to do,
but felt it would be beneficial to the business. The consensus of the Commissioner's
was to delete the condi,tion requiring the wall. Mr. Whittenberg confirmed this
consensus.
Chairman Brown then asked to consider the hours. Commissioner Hood stated he was
very much in favor wi~h staffs recommendation. Chairman Brown stopped
Commissioner Hood and asked if hours were placed on the Bixby Town Center project.
Mr. Whittenberg indicated that no restaurants have been proposed as part of the project
at this time. Chairman Brown asked if hours were addressed for these or other uses
and Mr. Whittenberg indicated that hours had been placed on the drive-through drug
store and home improvement center loading dock. Chairman Brown apologized for
interrupting and allowed Commissioner Hood to continue. He stated that a number of
residents in his area would like to see no more liquor licenses in the area since it is
getting overloaded. However, he is in favor of this application since there was a
previous use there before with a liquor license and would like to see the same hours of
operation imposed.
Commissioner Cutuli agreed with Commissioner Hood that the residents of Rossmoor
should be considered and that patrons leaving the restaurant late at night could be
disturbing to the residents and would agree with the hours in the staff report.
Commissioner Larson stated that if both restaurants were applying at the same time,
the later hours should be r allowed. However, Spaghettini's is existing and open until
11 :00 p.m., and if Mr. K's is allowed to stay open later, Spaghettini might amend their
approval to stay open later also. He also stated that there are other establishments in
the area that sell alcohol later than 11 :00 p.m. that patrons could go to if they desired to
drink alcohol past 11 :00 p.m.
Chairman Brown stated a consensus had been made to the hours and asked for a
compromise to be considered that extended hours are allowed on the weekends.
Commissioner Hood stated his desire for an 11 :00 p.m. closing. The other
Commissioner's did not address a compromise.
MOTION by Hood; SECOND by Cutuli to approve Conditional Use Permit 99-1 with the
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City of Seal Beach Planning Commission - Minutes of the February 17, 1999 Meeting
deletion of condition number 21.
MOTION by Brown to amend the MOTION by Hood to extend the hours of operation
until 1 :00 a.m.
MOTION fails for lack of second.
Call for vote on Commissioner Hood's original MOTION.
MOTION CARRIED:
AYES:
ABSENT:
4-0-1
Brown, Hood, Cutuli, Larson
'Lyon
Mr. Steele advised there is a ten-day calendar appeal period to the City Council. The
Commissioner action is final tonight and the appeal period begins tomorrow morning.
SCHEDULED MATTERS
6. Zone Text Amendment 96-1
Rear Yard Setbacks for Deck Structures along Crestview Avenue,
Catalina Avenue and Surf Place (specifically the residential properties
adjoining Gum Grove Park and the Hellman properties).
Staff Report
Ms. DeHaven delivered the staff report. (Staff report on file in the Planning Department
for inspection.) In 1990, a code conformance notice was issued to a property owner
along Crestview Avenue. The property owners submitted for a variance that was
denied by the Planning Commission. The decision was then appealed to the City
Council. Council directed staff to prepare an ordinance to address rear yard setbacks
for this specific area of the City. Staff initiated the Zone Text Amendment (ZTA) in
1996. Since the ZT A was initiated, several issues have been discussed at length. No
decision made as of yet and the ZT A is still an active case for which a decision can be
made if desired. Staff is looking to the Commission for direction about the type of
ordinance that should be prepared for that area. NOTE: for specific information
detailing the discussion at each Commission and Council meeting, refer to the staff
report on file with the Development Services Department.
Commissioner Cutuli excused himself from the discussion since his property would be
affected by any changes to the Code.
Commission Questions to Staff
Chairman Brown asked how many properties would be affected by any change. Ms.
DeHaven responded that she did not know the exact number.
Chairman Brown then asked if it was a number similar to five, ten or fifty properties. Mr.
Whittenberg clarified the question to how many structures have a non-permitted
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City of Seal Beach Planning Commission - Minutes of the February 17, 1999 Meeting
structure and Chairman Brown was questioning how many had non-permitted structures
and violated the setback. Mr. Whittenberg explained that some structures may be
permitted but violate current setback requirements. These structures may have met the
setback requirements at the time of construction since zoning standards change over
time. Mr. Whittenberg estimated there might be between eight and fifteen properties
that have some type of non-permitted structure within the rear yard setback area. The
actual number has not been determined as of yet due to limited staff. Whether a
change to the Code is adopted or not, staff will need to verify the properties that need to
conform. Mr. Whittenberg also mentioned that it might be possible to enlarge the
negative for the Hellman's aerial photograph to assist in determining the exact number
of structures in violation.
Mr. Whittenberg followed up on staffs initial comments in that staff is looking for a
direction back to the Council if the previous recommendation of not changing the Code
is still applicable, or if a different approach should be taken. A different consideration
may be necessary based on the previous discussions of the Commission and Council
regarding the proposed change. One possibility is the Minor Plan Review process for
non-permitted structures. A second possibility a Minor Plan Review for existing
structures and a Conditional Use Permit for future structures within the setback area
Chairman Brown questioned why the Commission would need to consider an ordinance
that would be adopted by Council. Mr. Whittenberg clarified that the ordinance was a
result of the initial ZT A.
Chairman Brown clarified for his understanding that the ordinance would allow existing
structures to remain and that future structures could be built within the rear yard
setback. Mr. Whittenberg agreed and noted that this was the consideration of the
Council, but ultimately was not approved. Mr. Whittenberg then explained how laws are
changed sometimes because circumstances change.
Mr. Steele offered further clarification of changing the Code and the setback
requirements and sets up a mechanism to get the structures approved
Chairman Brown asked if the current law was a restriction to property owners wishing to
build new decks, not necessarily those who have already built decks. Mr Whittenberg
stated that the primary concern was the structures that have been already built, but the
ZT A process is there if the standards need to be changed. He also indicated that within
the last few years, requests to build in the area in question has not been on regular
basis.
Chairman Brown summarized that the Commission has looked at this issue three times
previously and has recommended not changing the Code. His two big concerns would
be how to handle the decks that had previously been constructed and how to handle
future requests for construction. Chairman Brown then asked if the study session
discussion tonight had been noticed to the residents.
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Mr. Whittenberg replied that the scheduled matter did not need to be noticed since no
formal decision would be made this evening. Mr. Whittenberg went on to explain that
the Council has closed their public hearings on the items and a report would be
prepared for them based on the decision by the Commission this evening. The
Commissioner's can recommend to the Council that they reopen the public hearing and
reconsider the proposed ordinance or recommend that no change be made to the Code
and that code enforcement action begins.
Chairman Brown felt that the Commission should be consistent and recommend for a
fourth time that the Code not be changed. He felt disappointed that there was no
reference to the exact number of structures that would be affected by changes to the
Code. However, it should be the decision of the Council as to if changes to the Code
should be made or not.
Commissioner Hood noted from the previous minutes regarding the reason why the
Commission was reconsidering the issue.
Commissioner Larson stated that he did not agree with the chart staff had provided
regarding reconsideration of the item. Commissioner Larson also stated that although
the Commission has considered the item over the past few years, the ordinance
(existing or proposed) should be enforced by the City Council, not the Planning
Commission. The zoning consideration and recommendation should be that no
ordinances or laws are changed.
Chairman Brown stated that the Commission is the fact finding body and can spend
more time on researching issues and six months ago it seemed appropriate to
determine how many structures would be affected by the proposed change.
Commissioner Larson clarified that his recommendation would be the same regardless
of the number of structures or property owners that would be affected.
Public Comment
Mr. Rea Clewlev. 945 Catalina Avenue. Seal Beach
Mr. Clewley presented a slide presentation of properties that potentially are in violation
or could be affected by changes to the Code. Most all of the photographs were taken
from Gum Grove Park. The addresses and potential violations of the properties are as
follows:
1125 Crestview Avenue - storage bin
1135 Crestview Avenue - storage shed
1215 Crestview Avenue - aluminum storage shed
1245 Crestview Avenue - storage shed
1315 Crestview Avenue - structure in rear yard setback
1325 Crestview Avenue - structure in rear yard setback
1335 Crestview Avenue - structure in rear yard setback
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1415 Crestview Avenue - portion of Gum Grove Park 'annexed' to property by
fence
1435 Crestview Avenue - structure that might conform to the code, but it is an
invitation to homeless persons who might desire to
sleep there
1445 Crestview Avenue - tree house that encroaches in rear yard setback
1505 Crestview Avenue - wall exceeds maximum height limit
1515 Crestview Avenue - portion of Gum Grove Park 'annexed' to property by
fence
1525 Crestview Avenue - wall exceeds maximum height limit
1545 Crestview Avenue - no structure violation, but accumulation of junk in rear
yard
1605 Crestview Avenue - structure (wall and staircase) built to the property line
1685 Crestview Avenue - structure encroaches into rear and side yard setback
and noted as a property where enforcement action
might be taken if property is sold
1733 Crestview Avenue - site of 1990 code enforcement action and now a fence
higher than allowed has been constructed and a
cabana has been constructed on the sundeck that is
the non-permitted deck in question
During the presentation, Chairman Brown asked staff is moveable structures (such as
an aluminum storage shed) are treated differently than permanent structures. Mr.
Whittenberg explained structures less than 120 square feet do not require a building
permit and are not subject to zoning standards. Structures over 120 square feet would
need to obtain a building permit and would be subject to zoning standards and could not
be placed within a setback without relief from the zoning standards.
Chairman Brown asked if retaining walls were subject to fencelwall height limitations.
Mr. Whittenberg replied that retaining walls are not subject to height limitation provided
they are permitted as retaining walls.
Chairman Brown clarified that Gum Grove Park currently belongs to the Hellman
Family.
After the slide presentation, Mr. Clewley contends that the City Council did not ask for
the item to be reviewed once again by the Planning Commission and that City Council
needs direction. If the current situation continues where no enforcement is taken, the
building code and zoning code will become useless and there will be no control over
what is built in the City.
Commissioner Brown thanked Mr. Clewley for his presentation and stated that it was
helpful in seeing the type and number of potential violations in the area.
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Len Cutuli · 1445 Crestview Avenue. Seal Beach
Mr. Cutuli (as a member of the public) asked that a decision not be made tonight since
there are a lot to be said for the properties along that area regarding setbacks. Mr.
Cutuli would prefer that the item be rescheduled so that the residents can have an
opportunity to address the Commission.
Chairman Brown clarified that no decision would be made this evening.
Mr. Steele explained that if Council decides to reinitiate the ZTA process, then public
hearings would be held and notices sent out to all affected property owners and
occupants for hearings before the Commission or Council. This was not a noticed
hearing since it is an educational session.
Chairman Brown summarized Mr. Clewley's presentation and estimated there are only
two or three major problems. He stated that the presentation was very helpful and it
might be a good idea for potential violations shown should be forwarded to the Council.
Mr. Whittenberg suggested that staff obtain copies of the slides and note the addresses
and have the information available. Mr. Whittenberg also stated that there are some
photographs of the area in earlier reports relating to the ZT A. Mr. Whittenberg pointed
out that there was most likely nothing presented tonight that was not previously known
and that the retaining walls were not focused on since there is probably no code
violation if the walls were built with permits. In addition, structures less than 120 square
feet in size would not require permits.
Commissioner Hood thanked Mr. Clewley for the presentation and suggested that it the
same presentation be made to Council. Commissioner Hood also felt that no decision
should be made until the residents of the area are notified of a hearing.
Chairman Brown stated that no public hearing is being held and that no deciSion would
be made this evening based on the comments from Mr. Steele. It is the feeling of
Chairman Brown that the Council should hold all further public hearings since the
consensus of the Commission will probably not change and for residents to speak at
two public hearings may be too burdensome.
Commissioner Hood suggested the slide presentation be made to Council during a
public hearing so that they have the same information as the Commission and they can
then make a decision as to referring the matter back to staff or the Commission.
Chairman Brown suggested that the presentation might be better received if it was to
come from staff.
Mr. Whittenberg stated that the Council could not act upon the previous ordinance (no.
1419) without a new public hearing since the members of the Council are different at
this time.
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Mr. Whittenberg confirmed that the direction of the Commission is to not change the
Code and to present Mr. Clewley's slides to the Council.
STAFF CONCERNS
Mr. Whittenberg mentioned that there had been some personnel changes in the
Planning Department.
Mr. Steele mentioned a lawsuit has been filed by the City of Los Alamitos, the
Rossmoor Homeowner's Association and the Rossmoor Center owners challenging the
City's approval of the Bixby Town Center project. A trial has been set for May 19, 1999
in Superior Court in Santa Ana.
COMMISSION CONCERNS
Commissioner Hood had no concerns but asked Mr. Steele if an injunction had been
filed regarding the Bixby Town Center project.
Mr. Steele responded that no injunction had been filed.
Commissioner Larson will be absent from the next meeting since he will be out of town.
Commissioner Brown had a question regarding the sand replenishment program since
the contour of the beach has changed. He also questioned the height of the sand and
that it is difficult to see the ocean now from Seal Walk.
Mr. Whittenberg could not answer the questions regarding the replenishment program
or the height of the sand and would have to check with Mr. Steve Badum, Public Works
Director.
Chairman Brown also had a question regarding the work being done under the pier.
Mr. Whittenberg responde~ that the restroom structure was being refurbished.
Commissioner Cutuli had a question about the status of the Hellman Ranch project.
Mr. Whittenberg responded that the Coastal Commission had approved the project, but
there is a lawsuit challenging the Coastal Commission's decision.
ADJOURNMENT
Chairman Brown adjourned the meeting at 9:26 p.m.
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Respectfully Submitted,
Maryann DeHaven
Planner
Department of Development Services
APPROVAL
The Planning Commission ~nutes of Febru~ 17, 1999 were approved by the
Commission on March \/ -- ,1999. ~
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