HomeMy WebLinkAboutPC Min 1999-04-07
.
.
.
CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for April 7, 1999
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
Mac Cummins, Assistant Planner
Maryann DeHaven, Planner, Willdan & Associates
o City Hall office hours are 7:00 a.m. to 6:00 p.m. Monday through Thursday
and Friday 8:00 a.m. to 4:00 p.m. Closed noon to 1 :00 p.m.
o 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.
o Planning Commission meetings are broadcast live on Seal Beach TV3.
They are rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m.
o Videotapes of Planning Commission meetings may be purchased from
Seal Beach TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
o
'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.
.
.
.
City of Seal Beach Planning Commission. Agenda of April 7, 1999
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.
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.
2
City of Seal Beach Planning Commission. Agenda of April 7, 1999
\........-
City of Seal Beach Planning Commission
April 7, 1999 Agenda
Next Resolution: 99-04
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 regardmg 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 March 17, 1999
2. Plan Review 99-1 (rescheduled from the March 17, 1999 meeting)
Recommendation:
235 8th Street
Bruce Boehm
To construct a 400 square foot addition to an eXlstmg
non-conforming (based on density and parkmg) four-unrt
building.
Approval subject to conditions.
Address:
ApplicanUOwner:
Request:
"--'
3
.
.
.
City of Seal Beach Planning Commission. Agenda of April 7, 1999
3.
Plan Review 99-3
Address:
Applicant:
Property Owner:
Request:
Recommendation:
4. Plan Review 99-4
Address:
ApplicanUOwner
Request:
Recommendation:
VI. PUBLIC HEARINGS
1531 Seal Way
Jeff Newmaster
Virginia Burroughs
To enclose an existing deck area of 75 square feet,
reconfiguration of existing exterior stairs and interior wall
modifications to an existing non-conforming (based on
density and parking) four-unit building.
Approval subject to conditions.
1215 Seal Way
Joseph Ribel
The applicant is requesting an addition of 62 square feet
for a bathroom and water heater closet to the lower unit
of a legal nonconforming duplex (based on density and
parking requirements).
Approval subject to conditions.
5. Eucalyptus Tree Permit 99-1
Bixby Old Ranch Towne Center Project
Applicant:
Request:
Recommendation:
Bixby Ranch Company
Remove of all eucalyptus trees greater than 12-inches in
diameter, measured 4.5 feet above grade, in conjunction
with the proposed Bixby Old Ranch Towne Center
Project. The areas where the trees Will be removed
include the entire project area, except for the historic
eucalyptus grove area along Seal Beach Boulevard and
the golf course area.
Approval, subject to conditions.
6. Height Variation 99-1
47-A Surfside
Staff Is requesting that the Item be continued to the next Planning
Commission meeting of April 21, 1999 since the project request Is being
modified.
Applicant:
Request:
Recommendation:
Eugene and Sue DiLuigi
Construction of a covered roof access structure for a
covered stairwell in excess of the maximum height limit
allowed. The request is also to construct a covered
rooftop storage area that is approximately 49 square feet
In size.
Approval of the covered roof access structure subject to
conditions of approval and denial of the rooftop storage
area.
4
.
.
.
City of Seal Beach Planning Commission. Agenda of April 7, 1999
7. Conditional Use Pennit 99-3
140 Main Street
ApplicanVOwner:
Business:
Request:
Recommendation:
Brian Kyle
O'Malley's on Main
To pennit a fully enclosed, uncovered outdoor dining
area of 340 square feet at the rear of the existing
restaurant structure between the restaurant and an
existing detached two-car garage/apartment above
structure, in accordance with the provisions of Section
28-1251.1.c.
Approval subject to conditions.
8. Zone Text Amendment 99-1
Citywide
Applicant:
Request:
Recommendation:
VII. STAFF CONCERNS
VIII. COMMISSION CONCERNS
IX. ADJOURNMENT
City of Seal Beach
A request to amend the Zoning Ordinance to SpeCify the
pennitted number of stories within the various
commercial zones of the City. ThiS amendment
proposed the following story Iimrtations:
. Professional Office (CO) Zone - 3 stories
. Main Street Specific Plan (MSSP) Zone - 2 stories
. Service Commercial (C-1) Zone - 3 stories
. General Commercial (C-2) Zone - 3 stories
Currently these zoning districts have height Iimrtations
varying from 30 to 35 feet, but have no height limitation
as to the number of stories within those permitted
heights. This amendment would specify the pennltted
number of stories within the identified zoning districts. At
present, a moratorium is in effect prohibiting third-story
construction within the Main Street Specific Plan zone,
pending further action by the City.
Recommend approval to the City Council.
5
.
.
.
City o( Seal Beach Planning Commission. Agenda o( April 7, 1999
1999 AQenda Forecast
APR 21 CUP 98-8 at 12161 Seal Beach Boulevard Champs for a 12 month reVIew
MAY 05 Study Session regarding three-story structures on Main Street
MAY 19
JUN 09
JUN 23
JUL 07
JUL 21
AUG 04
AUG18
SEP 08
SEP 22
OCT 06
OCT 20
NOV 03
NOV 17
DEC 08
DEe 22
TO BE SCHEDULED:
Q Study Session: Height Limits in Commercial Zones (P. Campbell 7/27/98)
Q Study Session: Permitted Uses and Development Standards in Commercial
Zones (5/6/98)
Q Study Session: Seal Beach Boulevard (10n/98)
Q Study Session: Anaheim Bay Villas (10n/98)
Q Staff Report: Undergrounding of Utilities
And Beyond
Calendar:
CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan Grill) ReView (April 2001)
ADA handicapped-accessible restrooms (April 2001)
6
i
l;
1
. 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
. 24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
.
CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of April 7, 1999
Chairman Brown called the regularly scheduled Planning Commission meeting of April
7, 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.'
ROLL CALL
Present:
Chairman Brown
Commissioners Cutuli, Larson, Lyon and Hood
Also
Present:
Department of Development Services
Lee Whittenberg, Director
Craig Steele, Assistant City Attorney
Mac Cummins, Assistant Planner
Maryann DeHaven, Planner
AGENDA APPROVAL
Item number 2 (Minor Plan Review 99-1) was again removed since it was not noticed
properly for the second time. Mr. Whittenberg explained that the applicant has been
informed the notices will be sent out again and that the item should be continued to the
next regularly scheduled meeting of April 21, 1999. Mr. Whittenberg reminded the
Commission that they could not discuss item number 2 since it was not properly
noticed.
Chairman Brown asked Mr. Whittenberg if there was a problem before with the notices
for item number 2. Mr. Whittenberg responded that the revised labels submitted by the
applicant were still incorrect.
MOTION by Hood; SECOND by Larson to approve the Agenda as amended.
MOTION CARRIED:
AYES:
5-0
Brown, Cutuli, Hood, Lyon and Larson
1 These Minutes were transcribed from an audiotape of the meeting.
.
.~
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
. 44
45
46
City of Seal Beach Planning Commission - Minutes of the April 7, 1999 Meeting
ORAL COMMUNICATIONS
Rea Clewlev · 945 Catalina Avenue
Mr. Clewley spoke regarding item number 2 on the agenda, Minor Plan Review 99-1.
He mentioned that the item continues to appear on the agenda and that it is not being
dealt with for good reasons. Mr. Clewley stated that the additional information provided
for in the packet is not accurate and that the item should be considered as a variance
and not as a minor plan review application. Mr. Clewley believes that the property is
nonconforming for a variety of reasons, not just parking and density and that the Code
section as stated in the staff report is not applicable. Mr. Clewley believes also that the
conditions of approval of the previous have never been enforced and therefore the
property is in violation.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of March 17, 1999
3.
Plan Review 99-3
Address:
Applicant:
Request:
Recommendation:
4.
Plan Review 99-4
Address:
ApplicanUOwner:
Request:
Recommendation:
1531 Seal Way
Virginia Burroughs
To enclose an existing deck area of 75 square feet,
reconfiguration of existing exterior stairs and interior
wall modifications to an existing non-conforming
(based on density and parking) four-unit building.
Approval, subject to conditions through Resolution
No. 99-4
1215 Seal Way
Joseph Ribel
The applicant is requesting an addition of 62 square
feet for a bathroom and water heater closet to the
lower unit of a legal nonconforming duplex (based on
density and parking requirements).
Approval subject to conditions through Resolution No.
99-5.
MOTION by Hood; SECOND by Larson to approve the Consent Calendar as amended.
MOTION CARRIED:
AYES:
5-0
Brown, Cutuli, Hood, Lyon and Larson
Note: Commissioner's Cutuli and Lyon abstained from approving the Planning
Commission meeting minutes of March 17, 1999 since they were not in
attendance at that meeting.
Page 2
~
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
. 44
45
City of Seal Beach Planning Commission - Minutes of the April 7, 1999 Meeting
Mr. Steele advised there is a ten-day calendar appeal period to the City Council for the
two minor plan reviews. The Commissioner action is final tonight and the appeal period
begins tomorrow morning.
PUBLIC HEARINGS
5. Eucalyptus Tree Permit 99-1
Bixby Old Ranch Towne Center Project
Bixby Ranch Company (applicant)
Staff Report
Mr. Whittenberg delivered the staff report. (Staff report on file in the Planning
Department for inspection.) The applicant is seeking removal of eucalyptus trees as a
follow-up action to approval of the project by the City Council. The staff report contains
a detailed report as prepared by the arborist outlining the trees to be removed or
replaced in each of the project areas. In late 1998, the Planning Commission
recommended denial of the project to the City Council. The Council approved the
project and the Commission has reviewed specific site plans for areas of the project.
The City's Code requires that a permit be issued by the Planning Commission whenever
eucalyptus trees (as defined in the Code) are proposed to be removed. Mr.
Whittenberg mentioned the staff report outlines that the trees as part of the "windrow"
are not proposed to be removed as part of this application. The "windrow" area will be
dealt with at a later date.
Mr. Whittenberg stated that there are three areas under consideration at tonight's
meeting. One is Project Area A, the shopping center area, where 100 eucalyptus trees
will be removed. The second area is Project Area B, at Lampson Avenue and Seal
Beach Boulevard (including two existing holes of the golf course), where 96 trees exist
that need to be removed. 84 of the trees would be removed and 12 of the trees would
be relocated on-site. The third area is Project Area C, a portion of the golf course area
(approximately half of the course) where there are 334 eucalyptus trees subject to the
ordinance and permit requirements. 121 will be removed and 113 will be retained and
relocated. The arborist's report outlines the health of the trees and his
recommendations that these trees be removed.
As part of the project approval, the City Council adopted an Environmental Impact
Report (EIR) which contained several mitigation measures, some of which deal with the
removal of eucalyptus trees. The mitigation measure that primarily relates to the
removal of the eucalyptus trees requires the replacement of trees on a four to one ratio.
For non-eucalyptus trees removed, the mitigation measure requires that they be
replaced on a two to one ratio. For thiS application, 305 eucalyptus trees will be
removed; therefore, those trees will be required to be replaced on a four to one ratio.
Page 3
":i
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
. 44
45
46
City of Seal Beach Planning CommIssIon - Minutes of the Apnl 7, 1999 Meeting
The resolution prepares outlines each of the conditions for tree removal and explains
how each condition relates to the removal of the proposed trees. Staff is recommending
approval of the request and that it meets the requirements of the EIR. Conditions of
approval have been included to ensure that the applicable mitigation measures are
complied with. In addition, any changes to the proposed request would need to be
approved by the Planning Commission at a scheduled public hearing.
Commission Questions to Staff
Mr. Lyon had a question about the replacement trees and who would decide where they
are to be planted. Mr. Whittenberg responded that a landscape plan would need to be
submitted to the City for the approval. In addition, conditions of approval allow for the
City to hire a consulting landscape architect to review the plans.
Mr. Cutuli asked if there was a lawsuit against the Bixby project that could stop the
project. Mr. Whittenberg stated that there was nothing to his knowledge that could stop
the project, but requested that Mr. Steele provide additional information. Mr Steele
responded that there is nothing right now that could put a stop to the project and that
the law is quite clear that the property owner can proceed during a CEQA lawsuit. The
main issue of the lawsuit relates to the residential portion of the project and the
circumstances under which it was approved and does not relate to the golf course or
Lampson/Seal Beach Boulevard portion of the project.
Mr. Hood asked Mr. Steele for clarification of the lawsuit. Mr. Hood inquired as to if the
hearing in May would have anything to do with the project south of the residence. Mr.
Steele responded that the major issue in the case is the circumstances relating to the
review of the residential portion of the project. Mr. Hood asked further if anything in the
upcoming hearing could impact tree removal. Mr. Steele responded that it is difficult to
tell at this time. Under a worse case scenario, Mr. Steele stated that a judge could
issue an order to reconsider information relating to minor changes of the project. Mr.
Hood asked that if the item was not contInued that irrevocable damage would be done
that would make part of the lawsuit mute. Mr. Steele responded that was not aware of
anything that would mute a lawsuit, but that the petitioners could seek an injunction. Mr.
Hood asked if Mr. Steele advised cities to take action in the face of an already filed
lawsuit. Mr. Steele stated that cities are advised that they can move forward if they
desire provided no injunction is filed. Mr. Hood asked if anything would make mute
lawsuit items. Mr. Steele could not think of any action that would do such.
Mr. Hood had another question of tree removal in accordance with the report and the
different areas of the project. He stated that he found no report for Area C and inquired
as to if it should be considered as part of this application. Mr. Whittenberg responded
that Area C did not have a report submitted since those trees are strictly within the golf
course area and that the EIR did not require a report for trees within the golf course
area. The concern is for the developed areas of the project.
Mr. Hood asked if tentative tract and parcel maps had been done for the residential lots.
Mr. Whittenberg replied that the Planning Commission denied the tentative map and the
Page 4
.~
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
. 44
45
City of Seal Beach Planning Commission - Minutes of the Apnl 7, 1999 Meeting
parcel map as part of the denial of the project. Council approved those maps for the 25-
acre parcel and reconfiguration of lots Lampson/Seal Beach Boulevard area. A public
hearing would be held at the next meeting for the residential component.
Mr. Hood asked if grading permits had been issued for the project. Mr. Whittenberg
replied they had. Mr. Hood asked about the mitigation measure requiring the
eucalyptus windrow preservation plan. Mr. Whittenberg indicated that the report would
be submitted later in the week. Mr. Hood asked why the tract maps and grading permits
had been approved. Mr. Whittenberg stated that the tract map sets aside the 40-foot
landscape strip and the grading permits issued do not include grading within that 40-foot
area. Mr. Whittenberg clarified that no grading permits had been issued in violation of
the mitigation measure regarding the windrow.
Public Hearina
Chairman Brown opened the public hearing.
Ron Bradshaw · Bixbv Ranch Company
Mr. Bradshaw spoke in favor of the application. Mr. Bradshaw stated that directions of
the mitigation measures and development agreement had been followed. He stated
that the tree removal portion of the project being discussed this evening is outside of the
40-foot windrow area and no grading activity is taking place within that area. The trees
have proper markings on them as to which will be removed and which will remain. All of
the trees being discussed are within the development areas A and B and the westerly
portion of the golf course. These trees were counted so that it could be determined how
many trees would be removed. He also mentioned that it was always the intention to
remove the trees so that development could occur, except for the trees within the
windrow area. An additional permit will be sought for removal of trees near the windrow
for access and diseased trees. Mr. Bradshaw also mentioned that the City's Tree
Committee had been consulted with. Mr. Bradshaw stated that since it was known that
the trees would be removed, it was part of the development agreement agreed to and
signed by the City and that once plans are submitted in conformance with that
development agreement, they should be approved. The issue is not If a tree removal
permit should be granted, but if the developer has prepared plans in accordance With
the EIR and development agreement. The developer is not concerned with pending
litigation and is ready to move forward with construction.
Chairman Brown understood from Mr. Hood that he wanted to postpone the decision
until after the court decision and how would a delay affect the project. Mr. Bradshaw
responded that without the tree permit, no grading is possible. Waiting until May 19
would essentially stop the project. Mr. Bradshaw responded to Mr. Hood's concern of
the golf course in that a portion of it will be redesigned and the preparations for that
have begun already and that the character of that area has been changed already. Any
litigation would not stop the golf course development and that the date of the hearing
has been postponed to June 2.
Page 5
'l
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
. 44
45
46
City of Seal Beach Planning Commission - Minutes of the Apnl 7, 1999 Meeting
Mario Voce · 730 Catalina Avenue
Mr. Voce stated that he had reviewed the EIR last year and sits on the Tree Committee.
He stated that the different project areas had been identified and that it was difficult to
delineate the different areas and that the overlay of what City Council had approved
was not included. These items should be included to ensure that the plans approved
are consistent and would provided some quality assurance for the project. Mr. Voce
also suggested the plans be reviewed as one and not piecemeal so that the big picture
idea is clear. He felt that looking at the project this way would be helpful for the removal
and replacement of what is essentially a master plan for the area Mr. Voce also
reminded the Commission that trees that do not meet the criteria of the ordinance can
be removed without any approval from the Commission and that it is helpful to see the
trees up-close and the extent of the damage to the trees.
Rea Clewley · 945 Catalina Avenue
Mr. Clewley felt that this action would be too much death for all these trees and that the
EIR appears to have been inadequate regarding this development. Once the permit is
granted, the trees will be removed the next day as there is no appeal. Mr. Clewley also
requested that the Commission not take immediate action and to look at all the trees to
be removed. More study should be done of the effect on the windrow trees once the
ones' behind them are removed.
Sandra MacSween · 12200 Montecito
Ms. Macsween explained where she lives within the City. Ms. MacSween asked Mr.
Whittenberg to clarify the percentage of trees that would be removed along Seal Beach
Boulevard. Mr. Whittenberg replied that 70% to 80% of the trees would be retained.
She then asked for clarification as to Mr. Bradshaw's statement that some trees along
Seal Beach Boulevard would need to be removed for access. Mr. Whittenberg clarified
that the City has required a detailed tree preservation plan for the 40-foot strip parallel
to Seal Beach Boulevard and that an additional permit would be requested for those.
Ms. MacSween asked if Mr. Whittenberg knew how many trees had been removed as of
yet and stated that palm trees had been removed and were laying on the ground. Mr.
Whittenberg stated that a copy of the trees removed was on file in the, Planning
Department. Further clarification was asked regarding the replacement trees and where
they would be planted. Mr. Whittenberg again stated that this information was available
in the Planning Department and that a landscape architect will be selected regarding the
replanting. Ms. MacSween asked a question regarding the location of driveways for the
project and the impact of the development on the property values Mr. Whittenberg
explained the Council's approval of the project and that the City had completed no such
finanCial study.
Kathy Fife · 4301 Ironwood
Ms. Fife expressed her feelings regarding removal of the trees and that it is a mute
discussion since it was decided long ago. She inquired as to what make the trees along
the windrow historical and why others are not. She stated her disappointment that the
trees are being removed simply for development and not because they are diseased or
damaged. Ms. Fife also had a question regarding the exact definition of the 40-foot
Page 6
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
. 44
45
46
City of Seal Beach Planning Commission - Minutes of the April 7, 1999 Meeting
wide strip. Mr. Whittenberg explained the City required easement area along Seal
Beach Boulevard. Ms. Fife also stated that Ms. Campbell's recent flyer stated that there
was a good possibility that there would be only one entrance to the development that
would save additional trees. Mr. Whittenberg stated that he had not seen any
information regarding that at this point. He also explained that the plan approved by the
Planning Commission had three driveways identified on it and it would be difficult to
access the shopping center with one driveway. Chairman Brown stated that he had
heard those rumors also. Ms. Fife also stated that she was not a tree expert but that
the trees are homes to several different types of wildlife.
Marv Shepherd · West Garden Grove
Ms. Shepherd stated that although she does not live in the City, she travels though that
area of the City frequently and enjoys the trees. Ms. Shepherd had a question
regarding the 80% of the trees that are going to remain and does that include after the
driveways are placed? Mr. Whittenberg stated that 70% to 80% of the trees would be
remain after the improvements of the driveways, sidewalks and bicycle paths. Ms.
Shepherd asked how large the replacement trees would be. Mr. Whittenberg stated
that the size would be determined by the arborist. Mr. Larson stated that non-
eucalyptus would be 24-inch box and eucalyptus would be 36-inch box. Ms. Shepherd
asked if there was anyway to remedy the diseased trees. Mr. Whittenberg clarified that
no trees being discussed this evening are not located in the windrow. A separate public
hearing item at a future meeting would include discussion of the windrow trees. Ms.
Shepherd explained that Seal Beach should be proud to have the trees because they
are so unique.
Chairman Brown closed the public hearing.
Commission Deliberation
Commissioner Lyon stated his awareness of diseased trees since some had been
removed from Leisure World and that they sometimes become a liability. Commissioner
Lyon stated that this discussion is not about the windrow, but the other trees on the
property.
Commissioner Hood had a question for the arborist regarding the average age of the
trees to be removed. Mr. Applegate stated Mr. Bradshaw could best answer the
question since no age studies were completed by the arborist. Mr. Bradshaw that the
larger trees are approximately 50 years old and an average of 30 years old. The golf
course trees would be no more than 30 years old since the golf course itself is only 30
years old.
Commissioner Hood stated his concern for the City getting the reputation of being a bad
neighbor and that potential future development in Los Alamitos may be completed
without concern for Seal Beach. Commissioner Hood also asked that the situation be
looked at holistically so that permanent damage is not done to the windrow or the trees
slated to remain. Commissioner Hood felt it would be proper to continue the item until
the windrow report is submitted so that the entire situation can be looked at as one
Page 7
'\
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
. 44
45
crty of Seal Beach Planning Commission - Minutes of the April 7, 1999 Meeting
piece. After a question, Mr. Whittenberg stated that 121 trees will be removed from the
golf course area, Area B has 84 and the remaining area has 100 trees to be removed.
Commissioner Hood was concerned for the number of growth years that would be
removed as a result of the permit.
Commissioner Larson stated that the individual interest of each Commissioner is mute
at this point since the City Council has already approved the plan and this permit carries
out their previous approval.
Commissioner Cutuli stated the sensitive nature of this project in that the residents like
the trees and the developer is ready to get going. Commissioner Cutuli also stated his
concern regarding the pending litigation despite the statements from the City Attorney
and would prefer to see the issue delayed until more is known.
Chairman Brown remarked on the awkward situation since the Planning Commission
voted to deny the project and the City Council decided to approve the project
Chairman Brown questioned why the eucalyptus tree permit process and Mr.
Whittenberg explained the background of the ordinance that required the permit.
Chairman Brown asked Mr. Applegate how fast the 24-inch box trees would grow. Mr.
Applegate responded that there are several thousand species and subspecies of
eucalyptus but that some can grow to 18 feet per year and these are usually used for
the purpose of growing firewood. Chairman Brown stated that regardless of what IS
done by the Commission, the trees are going to come down and stated his willingness
to continue the item and look at all the information together.
Mr. Steele stated that the trial date can change until they actually walk into court and it
could potentially get put off until the summer. There is also the issue of the Permit
Streamlining Act and putting the matter off may cause a problem under the Permit
Streamlining Act. Mr. Steele also stated that they should keep in mind when looking at
the project as a whole is that it has a 10-year development agreement and there are no
requirements for phasing or presenting the entire project together.
Chairman Brown asked what would be the approximate time remaining based on the
Permit Streamlining Act. Mr. Steele stated that his estimate would be 45-days, but he
would have to review the file to know for sure. Chairman Brown then asked if a
continuance motion could be appealed to the City Council. Chairman Brown then
explained the difficult situation of the matter but would agree with the desires of College
Park East.
Commissioner Hood asked Mr. Steele if he had stated approximately 45 days based on
the Permit Streamlining Act. Mr. Steele stated that would be his best estimate Without
researching the file, but he did suggest that the item be continued from meeting to
meeting so that proper legal advice can be given. An action could then be taken on that
advice.
Page 8
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
. 44
45
46
City of Seal Beach Planning Commission - Minutes of the April 7, 1999 Meeting
Commissioner Hood stated his desire to continue until the decision by the court IS made
be recognizes that is not possible based on Mr. Steele's comments. Commissioner
Hood would prefer to determine a date that would be in the middle so that it can be
looked at together. He then asked how long it would take the developer to put the
package together holistically. Mr. Whittenberg asked for clarification as to what exactly
Commissioner Hood would like to see. Commissioner's Hood included this permit, the
windrow preservation plan and the driveway locations so that an intelligent decision can
be made. Mr. Whittenberg suggested that the hearing be reopened in order to get an
accurate response from Mr. Bradshaw since the developer of each component of the
project will probably submit their own application packages.
Chairman Brown stated that he did not think it was appropriate to request all the
landscape plans, but perhaps only the windrow preservation plan.
Commissioner Hood stated his desires to continue to a date specific so that all
information can be presented at one time.
Mr. Steele stated that the driveways have been located since a site plan was reViewed
and approved by the Commission that had driveways on it. Commissioner Hood stated
it was his understanding that discussions were in progress to relocate the driveways.
Chairman Brown clarified that he did not state that discussions were in progress, but
that he was aware of a flyer stating such.
Commissioner Hood asked again when the windrow preservation plan would be
submitted to the City and scheduled before the Commission. Mr. Whittenberg again
stated that no date had been set.
Chairman Brown reopened the public hearing.
Ron Bradshaw · Bixby Ranch Company
Mr. Bradshaw stated that the arborist is in the process of preparing the windrow plan but
that it is much different than the tree removal plan. This is because the windrow will be
evaluated differently. Mr. Bradshaw also stated that it was never identified that
complete plans would be submitted as one package as there are several different
aspects of the development agreement. The approved site plan will not change at all
since it has already been approved and that the tree removal was always a part of the
project from the beginning. There is no need to disturb the windrow at this time and it
can be done at the end, but there is no way to move forward with the project without
removing the trees from the other areas The application and its components has been
reviewed as part of the EIR and that this is not new information.
Chairman Brown closed the public hearing.
MOTION by Larson, SECOND by Lyon to approve the application as requested by the
applicant and requested by staff subject to the conditions of approval.
Page 9
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
.
City of Seal Beach Planning Commission - Minutes of the April?, 1999 Meeting
Discussion on Motion
Commissioner Hood asked Mr. Whittenberg is the windrow preservation plan would be
submitted this week. Mr. Whittenberg stated that was his impression based on
comments by Mr. Bradshaw. Commissioner Hood urged the other Commissioners to
vote against the motion and instead motion to continue the item to the next meeting.
Chairman Brown stated that he was going to agree with Commissioner Hood but was
not wild about the decision since political capital was being expended and it should be
expended more wisely.
MOTION FAilS:
AYES:
NOES:
2-3
larson and Lyon
Brown, Cutuli and Hood
MOTION by Hood; SECOND by Cutuli to continue to the meeting of April 21, 1999.
Mr. Steele asked if the motion maker wanted to continue the public hearing also. Mr.
Whittenberg stated that the windrow plan, if submitted, could not be discussed during a
public hearing at the next meeting since the deadline for noticing had passed. Mr.
Steele stated that the report could be received as evidence and then considered
Previous motion clarified to include continuing the public hearing.
Commissioner larson stated his concerns for continually continuing the item from
meeting to meeting.
Chairman Brown closed the discussion and called for the vote.
MOTION CARRIED:
AYES:
NOES:
3-2
Brown, Cutuh and Hood
larson and Lyon
Mr. Whittenberg stated that this item has been continued and will be on the agenda as a
public hearing for the meeting on April 21, 1999. No additional notices will be mailed.
Mr. larson asked for clarification from Mr. Steele that the continuance of the item could
not be appealed to the City Council. Mr. Steele confirmed this information and that only
a final action is appealable to the City Council.
A recess was called at 9: 19 p.m.
The meeting was reconvened at 9:30 p.m.
Page 10
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
. 44
45
46
City of Seal Beach Planning Commission - Minutes of the April 7, 1999 Meeting
6. Height Variation 99-1
47 -A Surfside Avenue
Eugene and Sue DiLuigi (applicants)
Staff requested that the item be continued to the meeting of April 21, 1999 as the design
of the project has been changed.
MOTION by Hood; SECOND by Cutuli to continue the item to the meeting of April 21,
1999.
MOTION CARRIED:
AYES:
NOES:
5-0
Brown, Cutuli, Hood, Larson and Lyon
None
7. Conditional Use Permit 99-3
140 Main Street - O'Malley's on Main
Brian Kyle (applicant)
Staff Report
Mr. Whittenberg delivered the staff report. (Staff report on file in the Planning
Department for inspection.) Mr. Whittenberg indicated the request is to utilize an
outdoor patio at the restaurant for the service of food and beverages. A conditional use
permit is required for an expansion of an existing restaurant. The area will provide
seating for approximately 28 persons and landscaping within the outdoor dining area
The additional seating area will require additional parking which cannot be provided.
Therefore, it is recommended that the owner pay $3,500 for each deficient parking
space, or $10,500 in this case. This patio is unique from others along Main Street In
that it does not sit directly on Main Street but is located behind the restaurant. A letter
of objection was received earlier in the day. Staff recommends approval of the
application based on the conditions of approval as outlined in the staff report.
Commission Questions to Staff
Commissioner Larson asked about the access for the apartment above the garage Mr
Whittenberg stated that the access is by the stairway that is visible in the photographs.
Chairman Brown read the letter of objection into the record before opening the public
hearing.
Public Hearina
Chairman Brown opened the public hearing.
Brian Kvle · 140 Main Street
Mr. Kyle spoke in support of the application. Mr. Kyle stated that the letter read into the
record was not written by the name of the person who is listed on the letter. Mr. Kyle
discussed the various safeguards and improvements that have taken place in
Page 11
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
. 44
45
City of Seal Beach Planning Commission - Minutes of the Apnl?, 1999 Meeting
conjunction with the new patio. The concern that Mr. Kyle has regarding the staff
recommendation is the payment of the in-lieu fees of $10,500 and requested that he be
allowed to make that in two payments.
Chairman Brown stated that his policy is to read all letters into the record and that
perhaps a policy should be developed regarding signed and unsigned letters.
David Rosenman · 8th Street
Mr. Rosenman had a question about the lack of parking being created in conjunction
with the patio. Mr. Rosenman felt that there was no program foreseen in the future
regarding the parking paid for being created and that physical spaces should be created
instead of a transfer of funds.
Rea Clewlev · 945 Catalina Avenue
Mr. Clewley stated that there is not enough parking to begin with for the site since a
parking variance was approved in the past. Mr. Clewley's opinion is that the in-lieu
parking fee is a bribe to the City. The elimination of parking spaces creates a hardship
for all that utilize downtown.
Rebuttal
Mr. Kyle asked if the Commission had any questions. Mr. Kyle then explained the
situation with the apartment above the garage and stated that he would be available for
further questions.
Chairman Brown closed the public hearing.
Commission Deliberation
Commissioner Lyon had no comment.
Commissioner Cutuli was concerned with the parking situation becoming worse.
Chairman Brown asked for clarification of some of the issues as identified in the letter
submitted and read into the record. A conditional use permit application is under
consideration. Garages do not need to be fire sprinklered. The fire access is
acceptable to the Fire Authority. The property is current with payment of all in-lieu
parking fees.
Mr. Whittenberg provided background of the adoption of the Main Street SpeCifiC Plan
and the AB 1600 analysis completed regarding the in-lieu parking fees and the plan was
adopted by Council in accordance with State law.
Further discussion of the items in the letter continued. Mr. Whittenberg explained that a
building permit is not required for patios that are less than one foot above grade There
are two parking spaces on site within the garage and it is not known if those spaces are
available for customers. Mr. Whittenberg stated that thiS is similar to other bUSiness
Page 12
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
.
City of Seal Beach Planning Commission - Minutes of the April 7, 1999 Meeting
along Main Street that have very limited or no parking. Chairman Brown disagreed and
felt that the businesses on the west side of Main Street did provide parking.
Chairman Brown then asked the square footage of the restaurant. Mr. Whittenberg was
not sure but estimated the size to be approximately 3,500 square feet. Chairman Brown
asked if 35 spaces would be required and Mr. Whittenberg stated that under current
code regulations that would be the correct number. A parking variance was approved
by the City years ago and is still applicable. The Coastal Development Permit required
as a condition of approval that the beach parking lot be restriped and that 22 additional
parking spaces be provided for at the beach. It was also confirmed that Mr. Kyle is
paying $100 per year for 23 parking spaces for a total of $2,300 per year.
Chairman Brown reopened the public hearing.
Brian Kvle · 140 Main Street
Mr. Kyle stated that in 1983 he paid $18,000 to have the beach parking lot
reengineering and provided 32 parking spaces. Mr. Kyle feels that instead of paying in-
lieu fees, he actually did provide the required spaces at the beach lot and provided eight
more spaces in the Old Town area.
Commissioner Larson asked if staff could accommodate request to make two
payments. Mr. Whittenberg stated that if is the decision of the Commission and gave
examples of other restaurants that were granted five years to pay, but had much larger
fees.
Chairman Brown stated that he feels the structure is overbuilt and that restriping the
beach lot is a difficult connection to make. Chairman Brown felt that since it is overbuilt
already and is maximizing more space that it is too much expansion for this property.
He also felt that the relation of the garage and apartment created a strange situation
and that the removal of the garage apartment would make the application easier to
support.
MOTION by Brown; SECOND by Cutuli to deny Conditional Use Permit 99-3 and direct
staff to return with a resolution of denial at the next scheduled meeting.
MOTION CARRIED:
AYES:
NOES:
4-1
Brown, Cutuli, Hood and Lyon
Larson
Mr. Whittenberg stated that the resolution will be presented at the next meeting and that
the appeal period will begin the day following the adoption of the resolution.
Page 13
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
. 44
45
46
City of Seal Beach Planning Commission - Minutes of the April 7, 1999 Meeting
8. Zone Text Amendment 99-1
Citywide
City of Seal Beach (applicant)
Staff Report
Mr. Whittenberg delivered the staff report. (Staff report on file In the Planning
Department for inspection.) The application came about due to a concern for a three
story building that is currently under construction on Main Street. The Code does not
specify a story limitation for commercial districts, only a height limit exists. Within the
residential zones, there are provisions for the maximum number of stories and height.
Staff is recommending the language of the ordinances by clarified and that a maximum
number of stories limitation be added. A two-story limitation is recommended on Main
Street due the lack of parking and the primary tourist nature of the area. Within the
other zones a three-story limit would be appropnate. The issue of mezzanines is
discussed in the report and that they should not be allowed in the Main Street area.
Staff is recommending approval of the application.
Commissioner Larson asked how this would affect covered roof access structures. Mr
Whittenberg explained that this would not change those provisions of the ordinance.
This ordinance would not change the height, but only limit the number of stories.
Commissioner Larson also asked about cellars and basements. Mr. Whittenberg
replied that the Building Code has specific definitions regarding these building features.
Commission Questions to Staff
Chairman Brown asked about the mezzanine provision. Mr. Whittenberg pointed out
the code section that relates to it.
Public Hearina
Chairman Brown opened the public hearing.
David Rosenman · 8th Street
Mr. Rosenman asked where these prOVIsions would specifically apply and gave
background information to this question In that three stories is out of scale for Main
Street.
Chairman Brown closed the public hearing.
Mr. Whittenberg explained where the different areas are located in the City and how the
proposed regulations would apply.
Commission Deliberation
No further Commissioner discussion.
MOTION by Larson; SECOND by Hood to approve Zone Text Amendment 99-1 and
Planning Commission Resolution 99-8.
Page 14
,-
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
. 22
23
24
25
26
27
28
29
30
31
32
33
34
35
.
City of Seal Beach Planning CommiSSion - Minutes of the Apnl 7, 1999 Meeting
MOTION CARRIED:
AYES:
NOES:
5-0
Brown, Cutuli, Hood, Larson and Lyon
None
STAFF CONCERNS
Mr. Whittenberg introduced the new Assistant Planner, Mr. Mac Cummins.
COMMISSION CONCERNS
Chairman Brown had a question regarding the proposed deck ordinance (ZT A 96-1)
and how that came about before City Council. Chairman Brown also had a question
about a second story patio at a Main Street apartment and stated how good the trees
along Ocean Avenue look.
Commissioner Cutuli explained that he had called Mr. Whittenberg regarding his
absence at the last meeting. He stated that he had left a message prior to his vacation
stating that he would not be able to attend. Mr. Whittenberg apologized that he did not
recall receiving Commissioner Cutuli's message.
MOTION to excuse Commissioner Cutuli's absence at the last meeting of March 17,
1999.
MOTION CARRIED:
AYES:
ABSTAIN:
4-0-1
Brown, Hood, Larson and Lyon
Cutuli
ADJOURNMENT
Chairman Brown adjourned the meeting at 10:22 p.m.
Page 15
.
"
.
.
.
City of Seal Beach Planning Commission - Minutes of the Apnl 7, 1999 Meeting
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Respectfully Submitted,
Maryann DeHaven
Planner
Department of Development Services
APPROVAL
The Planning Commission Minutes of April 7, 1999 were approved by the Commission
on May CS ,1999. ~
Page 16