HomeMy WebLinkAboutPC Min 1999-05-05
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for May 5, 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
Q 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.
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Q 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
Q Planning Commission meetings are broadcast live on Seal Beach TV3.
They are rebroadcast on Sunday evenings, Channel 3 at 4.00 p.m.
Q 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 IIbranes for
public inspection.
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city of Seal Beach Planning Commission. Agenda of May 5, 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 MA TIERS: 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 May 5, 1999
City of Seal Beach Planning Commission
May 5, 1999 Agenda
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. AGENDA APPROVAL
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or
public to request an item is removed from the Consent Calendar for separate
action.
IV. ORAL COMMUNICATIONS
At this time, members of the public may address the Planning Commission regarding any
items within the subject matter jurisdiction of the Planning Commission, provided that the
Planning Commission may undertake no action or discussion unless otherwise
authorized by law
V.
CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and are enacted by one
motion unless prior to enactment. a member of the Planning Commission, staff or the
public requests a specific item be removed from the Consent Calendar for separate
action.
1. Approve Planning Commission Meeting Minutes of April 7, 1999.
2. Approve Planning Commission Meeting Minutes of April 21, 1999.
VI. PUBLIC HEARINGS
3. Conditional Use Permit 98-8 (renewal)
121691 Seal Beach Boulevard
Applicant:
Business:
Request:
Bo Song
Champs Restaurant
Indefinite extension of CUP 98-8, an after the fact
approval of a drive-through window in conjunction with
an existing restaurant.
Approval subject to conditions of Resolution No 99-13.
Recommendation:
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City of Seal Beach Planning Commission. Agenda of May 5, 1999
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4.
Conditional Use Permit 99-4
500 E. Pacific Coast Highway, Suite 104
Applicant:
Business:
Request:
Recommendation:
Ronald Selsor
Patty's Place
To provide a 314 square foot semi-enclosed patio dining
area at the front of the front of the building.
Approval, subject to conditions of Resolution No 99-14.
5. Variance 99-1
4148 Ironwood Avenue
ApplicanVOwner:
Request:
Jason Nour
Variance to allow the establishment of a non-conforming
rear yard setback of 4.5 feet (10 feet is required) for an
existing single family dwelling in conjunction With the
proposed revocation of a land use agreement between
the City and the property owner regarding the subject
property and the property adjacent along Candleberry
Avenue to be maintained under the same ownership.
Approval subject to conditions of Resolution 99-12.
Recommendation:
VII. STAFF CONCERNS
VIII. COMMISSION CONCERNS
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IX.
ADJOURNMENT
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City of Seal Beach Planning Commission · Agenda of May 5, 1999
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1999 Aaenda Forecast
MAY 19 Conditional Use Permit No 99-3 for an uncovered outdoor dining area of 300 square feet at
140 Main street for O'Malley's on Main
JUN 09
JUN 23
JUL 07
JUL 21
AUG 04
AUG 18
SEP 08
SEP 22
OCT 06
OCT 20
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NOV 03
NOV17
DEC 08
DEC 22
TO BE SCHEDULED:
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Q Study Session: Pennitted Uses and Development Standards in Commercial
Zones (5/6/98)
Q Study Session: Seal Beach Boulevard (1017/98)
Q Study Session: Anaheim Bay Villas (1017/98)
Q Staff Report: Undergrounding of Utilities
And Beyond
Calendar:
CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan Gnll) Review (April 2001)
ADA handicapped-accessible restrooms (April 2001)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of May 5, 1999
Chairman Brown called the regularly scheduled Planning Commission meeting of
May 5, 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 Cutuli, Hood, Larson, and Lyon
Also
Present:
Department of Development Services
Lee Whittenberg, Director
Craig Steele, Assistant City Attorney
Mac Cummins, Assistant Planner
Absent:
None
AGENDA APPROVAL
MOTION by Hood; SECOND by Cutuli to approve the Agenda as presented.
MOTION CARRIED:
AYES:
5-0
Brown, Cutuli, Hood, Larson, and Lyon
ORAL COMMUNICATIONS
Chairman Brown opened oral communications.
Rea Clewlev. 945 Catalina Avenue
Mr. Clewley questioned why a copy of the Staff Report for the previous Planning
Commission meeting had not been distributed in which details of the City
Councils action on the proposed Ordinance 1419 were outlined. Mr. Clewley
expressed his belief that information was being surpressed by the Development
Services Department and declared his opposition to not having received a copy
of the Staff Report. Mr. Clewley also made reference to what he believed to be
administrative errors made in issuing building permits. He displayed a copy of a
1 These Minutes were transcribed from videotape of the meeting.
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City of Seal Beach Planning CommiSSion
Minutes of May 5, 1999 Meeting
letter dated May 5, 1999, which he had written and presented to the city clerk on
May 5, 1999 for distribution to the member of the Planning Committee.
Chairman Brown stated that copies of the letter had not been distributed to the
committee members. Mr. Clewley countered that since copies had not been
made available, he would have to read the entire contents of his letter verbatim.
Chairman Brown interrupted Mr. Clewley to state that copies of the letter would
be made, and he then inquired of Mr. Whittenberg whether a copier was
available to have copies of the letter made and distributed.
Mr. Whittenberg then interjected that the reason the Staff Report was not on the
agenda was because the City Council had not yet taken any final action on the
item presented in the report. He stated that the information had been reviewed,
but that until the Council takes final action, the Staff Report would not be
distributed.
Chairman Brown stated that rather than have Mr. Clewley read the letter, copies
would be made and all members of the committee would receive a copy of the
communication before the end of the meeting.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of April 7, 1998
2. Approve Planning Commission Meeting Minutes of April 21, 1998
MOTION by Hood; SECOND by Larson to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
5-0
Brown, Cutuli, Hood, Larson, and Lyon
SCHEDULED MATTERS
There were no scheduled matters to discuss.
PUBLIC HEARINGS
1. Conditional Use Permit 98-8 (renewal)
12161 Seal Beach Boulevard
BUSiness:
Owner:
Champs Restaurant
Bo Song
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City of Seal Beach Planning Commission
Minutes of May 5, 1999 Meeting
Request:
Request indefinite extension of CUP 98-8, an after the fact approval
of a drive-through window in conjunction with an existing
restaurant.
Staff Reoort
Mr. Cummins delivered the staff report. (Staff report is on file in the Planning
Department for inspection.) Applicant is owner of Champs Restaurant, a
Chicago-style delicatessen that has been in business for over 20 years under
vanous owners. Mr. Cummins stated that the present owner would like to
indefinitely extend CUP 98-8, which allows the use of a drive-through Window at
this establishment. CUP 10-86, issued in 1986, permits the sale of beer and
wine. In 1992 the City approved Building Permit No. 7189 allowing an intenor
remodel of the restaurant. Included in this approval the applicant added a drive-
through window. At the time, planning staff either did not realize the drive-
through window was a new feature or was not aware a drive-through window was
being added, in either case, no CUP was required.
Mr. Cummins proceeded to describe the surrounding land uses and stated that
the land use for Champs remains consistent with other surrounding businesses.
Alcoholic beverages are not sold at the drive-through window nor are they
advertised or listed on the drive-through menu.
Staff recommends approval of the extension for CUP 98-8 based upon the use of
the property as a drive-through restaurant compatible with surrounding uses and
not determined to be detrimental to the surrounding neighborhood The existing
structure, the style, height, and bulk of the proposed structure are consistent With
surrounding residential and commercial uses. The building is adequate in size,
shape, topography, and location to meet the needs of the proposed use of the
property.
Commission Questions to Staff
Chairman Brown asked whether a Conditional Use Permit would ordinarily be
issued to a drive-through establishment that sells beer and wine.
Mr. Whittenberg reported that a mistake was made when the permit was issued
to build the drive-through window. Staff became aware of this situation when the
current owner attempted to sell the restaurant. At that time staff became aware
that the drive-through window had never received a CUP and was not a
preexisting use prior to 1991.
Public Hearina
Chairman Brown opened the public hearing.
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City of Seal Beach Planning Commission
Minutes of May 5, 1999 Meeting
There were no public comments for or against approval at this time.
Commissioner Larson commented that the drive-through window at this
restaurant had to be accessed from the right (passenger) side of the vehicle as
opposed to the left (driver) side, as would be the case at most similar drive-
through establishments.
MOTION by Lyon; SECOND by Larson to approve indefinite extension of CUP
98-8, allowing a drive-through window and adopt Resolution No. 99-13.
MOTION CARRIED:
AYES:
5-0
Brown, Cutuli, Hood, Larson, and Lyon
2. Conditional Use Permit 99-4
500 E. Pacific Coast Highway, Suite 104
Business:
Owner:
Request:
Patty's Place
James Watson
Request to provide 314 square foot semi-enclosed patio dining
area at the front of the building.
Staff Report
Mr. Cummins delivered the staff report and displayed photographs of Patty's
Place, a full-service restaurant located at the corner of Marina and 5th Street.
(Staff report is on file in the Planning Department for inspection) The restaurant
faces the inside parking lot of the Bay City Center with current hours of
operations as 10:00 a.m. to 1:00 a.m., 7 days a week. The subject property
contains approximately 2200 square feet (part of a 50,000 square foot building).
The restaurant has been in operation for over 15 years.
Mr. Cummins noted that the City has granted the following approvals for the
property:
o CUP 12-84 - Conditional Use Permit permitting on-sale of alcoholic
beverages (Beer & wine) until 11 :00 p.m. (Subsequently extended to 1 :30
a.m.)
o CUP 4-87 - conditional Use Permit permitting on-sale of alcoholic beverages
(Beer & Wine) until 1 :30 a.m. (Required by transfer of ownership.)
o CUP 90-12 - Conditional Use Permit permitting general sale of alcoholic
beverages until 1 :00 a m., after transfer of ownership.
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City of Seal Beach Planning Commission
Minutes of May 5, 1999 Meeting
1 Mr. Cummins described the proposed patio as an area that would extend to the
2 left of the bar entrance, with access made available through a new door inside
3 the restaurant. A 5-foot wall would be constructed to surround the patio.
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5 Currently, Bay City Center has 267 parking spaces available. Staff has
6 determined that with the addition of the dining patio, the demand for parking
7 would be 291 spaces for the business center. Addition of the patio would
8 generate a need for 4 additional spaces, a 10% excess over the current demand,
9 assuming all users generate parking at the same time of day. Forty-seven
10 percent of the existing floor area is retail space with no evening hours, which staff
11 believes would create no new demand for additional parking spaces.
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13 Staff recommends approval of CUP 99-4 based upon the use of the property as a
14 full-service restaurant compatible with surrounding uses and not determined to
15 be detrimental to the surrounding neighborhood. The existing structure, the
16 style, height, and bulk of the proposed structure are consistent with surrounding
17 commercial uses. The building is adequate in size, shape, topography, and
18 location to meet the needs of the proposed remodeled restaurant and the
19 proposed outdoor dining area, as the existing building provides a buffer between
20 the outdoor dining area and the adjacent commercial and institutional uses. The
21 nearest residential property is approximately 180 feet to the west In addition,
22 the proposed conditions of approval regarding the outdoor dining area are
23 sufficient to protect the residential uses within the area from adverse noise
24 impacts.
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26 Staff also recommends that a 6-month and 12-month review be conducted to
27 determine whether hours for sale of alcoholic beverages need to be modified
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29 Commission Questions to Staff
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31 Commissioner Cutuli asked, with the existing stairwell being modified, where new
32 access stairwell would be located. Mr. Cummins noted that the stairwell would
33 be reconfigured so that it does not interfere with the new patio wall structure.
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35 Chairman Brown stated that other Conditional Use Permits issued to City
36 businesses indicate that no liquor is to be served after 11 :00 p.m Mr.
37 Whittenberg stated that the issue of serving alcoholic beverages would be
38 researched and would be revisited.
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40 Chairman Brown questioned whether Staff had no objections to serving alcohol
41 on an open patio until 1 :00 a.m. Mr. Whittenberg said that the issue would be
42 revisited during a 6-month and 12-month review of patio dining area having been
43 in use.
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City of Seal Beach Planning Commission
Minutes of May 5, 1999 Meeting
1 Chairman Brown then asked Mr. Cummins whether there was a walkway
2 between the buildings surrounding Patty's Place. Mr. Cummins affirmed that
3 there was.
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5 Public Hearina
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7 Chairman Brown opened the public hearing.
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9 Patricia Sesler stated that the restaurant needed more dining area. She said that
10 the restaurant was very busy and there was usually a wait to be seated
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12 The property Manager, Don Watson, said that he believed the restaurant
13 enhanced the surrounding businesses and that he was very impressed after
14 having seen the plans for the patio dining area. He stated that the patio wall
15 would not obstruct the view, as it would be a clear glass structure. He
16 emphasized that more dining area would mean more sales tax revenues for the
17 City.
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19 Chairman Brown stated that he had no objections to the patio. He thinks it's a
20 good idea. He mentioned that he had eaten at the restaurant and that the quality
21 of the food was very good. He stated concerns over serving alcohol after 11 :00
22 p.m. in an outdoor patio, and the need to provide parity with the rest of the City
23 businesses serving alcohol.
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25 Mr. Whittenberg cited some examples of other establishments in the Surfside
26 area where restrictIons for serving liquor after 11:00 p.m. had been established
27 due to the proximity of residences to the outdoor eating areas. He also
28 mentioned Mr. K's, a dining establishment near the 405 Freeway, which faces
29 Seal Beach Boulevard. Mr. Whittenberg did not recall the hours of operation or
30 the limitations at this particular restaurant. He went on to state that any
31 restrictions on the serving of alcoholic beverages would obvIously be at the
32 discretion of the Commission. He stated that the issue of serving alcohol after
33 11 :00 p.m. had not previously come up due to dining at Patty's Place being
34 strictly indoors. He again mentioned the 6-month review of the status allowing
35 re-evaluation of any restrictions.
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37 Chairman Brown stated he would be in favor of limiting the serving of alcohol to
38 no later than 11 :00 p.m. on weekdays and 12:00 p.m. on weekends. He then
39 addressed the issue of parking He discussed whether the restaurant parking
40 count need is written policy. He said that he did not believe that parking would
41 be a problem at night but stated that the need for something in code would
42 prevent problems in the future related to parking.
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44 Commissioner Cutuli stated that he had driven through the parking lot of the Bay
45 City Center that evening and that there were approximately 20 panng spaces
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City of Seal Beach Planning Commission
Minutes of May 5, 1999 Meeting
1 available. He suggested that a random sampling be done to determine whether
2 additional parking would be needed.
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4 Chairman Brown presented the comparison of parking with serving of liquor.
5 Does the City allow the building of a restaurant than do a 6-month review to
6 determine whether there is enough parking? He stated that the City could not
7 then ask them to tear down the building. He again stated that something should
8 be placed in code related to parking requirements.
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10 Commissioner Cutuli stated that many times it is difficult to project what future
11 parking will be when a business center first opens. He stated that as the
12 business center becomes more popular or as more businesses move in, more
13 parking spaces would be needed.
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15 Mr. Steel stated that, in an attempt to project parking lot use over time, a
16 standard formula for parking code can have the requirement of "Xli number of
17 parking spaces per 1,000 square feet of business space. He stated that most
18 business centers would have a difficult time In going back and acquiring
19 additional parking spaces. Once a building is built, parking is not an issue if the
20 building complies with zoning laws. He stated that in this situation, the issue
21 might need to be reviewed. He again stated that in California the requirement of
22 x number of spaces for x number of square feet of business space was more or
23 less a standard.
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25 Chairman Brown stated that perhaps Staffs analysis might have been based on
26 the current tenants. He asked what the case was when the business center was
27 first proposed. Mr. Whittenberg stated that restaurant uses require 3 times as
28 much parking as other types of businesses, so the law is going to be stricter
29 when converting retail office space to restaurants. He stated that offices
30 generally are not open in the evening, and that some cities have specific zoning
31 codes stipulating shared parking. He said that legal studies regarding parking
32 could be reviewed and the issue revisited.
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34 Chairman Brown recommended review of the issue and also recommended
35 addition of a code to determine parking issues in the future. Mr. Whittenberg
36 stated that the parking ordinance determines that in most cases 20-30% of
37 parking is shared parking. Mr. Whittenberg states that in Seal Beach, the
38 numbers are closer to 15-20%.
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40 Mr. Steele stated that office day parking vs. evening parking reflects a 31 %
41 turnover in parking availability.
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43 Chairman Brown then returned to the issue of serving alcoholic beverages after
44 11 :00 p.m. He stated that Main Street business owners might not be happy with
45 the allowances made for Patty's Place, and he would like to recommend an
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City of Seal Beach Planning Commission
Minutes of May 5, 1999 Meeting
11 :00 p.m. limit to serving of alcohol. He suggested the issue be re-addressed
later.
Mrs. Sesler again approached the podium and stated that the previous approved
occupancy of the restaurant was 120 guests. She stated that she had reduced
that to 70 and that the additional 20 new patio seats would total 90. She stated
that the restaurant accepts reservations for dinner as late as 10:30 p.m. and she
did not feel it would be acceptable to serve dinner after this hour without being
able to offer wine as an accompaniment. Mrs. Sesler then stated that although
the restaurant was very busy, many of the other business suites were no longer
occupied, freeing up parking spaces.
Commissioner Cutuli stated that he did not feel that a 1 :00 a.m. restriction for
serving liquor would create a problem for surrounding residents.
Commissioner Larson then stated that the patio was a good idea for cigarette
and cigar smokers. This would prevent other patrons from having to inhale
smoke.
MOTION by Cutuli; SECOND by Hood to approve Conditional Use Permit 99-4,
allowing a 314 square foot semi-enclosed patio dining area at the front of the
building, and to adopt Resolution No. 99-14.
MOTION CARRIED:
AYES:
5-0
Brown, Cutuli, Hood, Larson, and Lyon
3. Variance 99-1
4148 Ironwood Avenue
ApplicanUOwner:
Request:
Jason Nour
Request variance to allow the establishment of a non-
conforming rear yard setback of 4.5 feet (10 feet is reqUired)
for an existing single family dwelling in conjunction with the
proposed revocation of a land use agreement between the
City and the property owner regarding the subject property
and the property adjacent along Candleberry Avenue to be
maintained under the same ownership.
Staff Report
Mr. Whittenberg presented the staff report. (Staff report IS on file In the Planning
Department for inspection.) He stated that applicant is currently the owner of an
irregular-shaped parcel containing two (2) separate parcels. The combined
properties are developed with a single-family dwelling, attached garage and a
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CIty of Seal Beach Planning Commission
Minutes of May 5, 1999 Meeting
1 room addition on the Ironwood property, with a swimming pool and cabana on
2 the Candleberry parcel.
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4 The current owner is now requesting separation of the two properties Into
5 separately owned and developed properties. This request requires a variance to
6 be approved to allow the existing residential addition, permitted by the City in
7 1971 through Plan Review 32-71, to remain and not be reduced in size to
8 conform to the required 1 O-foot rear-yard setback for the proposed separate
9 parcel.
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11 The owner is also requesting revocation of the original land use agreement to
12 allow the construction of a new single family residence on the Candleberry
13 property. In conjunction with this requested revocation of the agreement, the
14 existing rear-yard setback for the existing residential structure will become non-
15 compliant with the required rear-yard setback standard of 10 feet. The setback
16 would be 4.5 feet.
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18 Chairman Brown stated that he was confused about the variance request. He
19 restated what he believed to be the case status: That in 1971 the City issued a
20 permit for a room addition to the Ironwood residence with the rear-yard setback
21 for this project to be considered to be on the Candleberry property. The then
22 property owner also entered into a land use agreement with the City that
23 prohibited the sale of either lot as separate properties. The current owner now
24 want a variance to re-divide the property, allow construction of a residence on the
25 Candleberry property, and be able to sell this as a separate property.
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27 Mr. Whittenberg explained that the purpose of the rear-yard setback was to
28 provide separation between structures and for safety purposes in case of fire.
29 He further stated that there were special circumstances related to the setback for
30 this property due to the unique shape of the property and the previously
31 approved 4.5-foot setback for the room addition made in 1971.
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33 Chairman Brown questioned whether the issue of "special circumstances" should
34 be considered in relation to approving the variance. He then inquired as to other
35 options for accomplishing this. Mr Steele stated that Staff was attempting to
36 look at options available to applicant other than having to cut off 5 feet of current
37 addition. The other alternative would be to apply for a lot line adjustment to
38 relocate the property line in such a manner as to provide the required 10-foot
39 rear-yard setback.
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41 Commissioner Hood asked if the applicant wished to sell the lots separately. Mr.
42 Whittenberg responded that he could not state what owner's intent was
43 Commissioner Hood stated that it appeared that owner wanted to abrogate the
44 '71 agreement and have the benefit of building onto his home without having to
45 pay for separation of the 2 lots, and now wanted to sell the Candlewood property
46 as a separate lot. Commissioner Hood then inquired as to whether the property
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City of Seal Beach Planning Commission
Minutes of May 5, 1999 Meeting
1 had recently changed owners, and stated that sale of the property would fall
2 under the Declarations Law where seller must make buyer aware of any
3 restrictions on the property. He then asked what the legal lot coverage was. Mr.
4 Whittenberg responded that he believed it to be 55%, but he would check on thiS.
5 Chairman Brown interjected that he believed Commissioner Hood was
6 attempting to ascertain whether the house and other structures on the 2 lots
7 exceeded lot coverage requirements. Mr. Whittenberg stated that the house with
8 lot did not.
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10 Commissioner Hood asked if present owner had understood conditions of land
11 use agreement when he purchased the property. Mr. Whittenberg responded
12 that Staff did not know for a fact that new owner was aware of restrictions of
13 property.
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15 Public Hearina
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17 Chairman Brown opened the public hearing.
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19 Mr. Jerold Nickel, Architect for the current owner stated that he had spoken to
20 Mr. Whittenberg and had read the Staff Report. He proposed that the size of the
21 new residence on the second lot be reduced to comply with city code regarding
22 the rear-yard setback. He also proposed that the property line between the two
23 lots be redrawn to the north on the development lot to maintain the 10-foot
24 setback and allow additional landscaping. He stated that the minimum lot
25 requirement was 5500 square feet and that the current lot size was 5700, which
26 would leave a 200 square foot allowance.
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28 Chairman Brown questioned whether applicant had elected to withdraw his
29 application for variance. He asked if applicant would like to address the
30 commission. Applicant chose not to do so. Mr. Steele stated that if applicant
31 wished to make a request to have property lines redrawn, he would have to
32 return for approval of property line relocation.
33
34 Chairman Brown then reaffirmed that the applications for Variance 99-1 had
35 been withdrawn.
36
37 ORAL COMMUNICATIONS
38
39 Chairman Brown re-opened oral communications.
40
41 Rea Clewlev. 945 Catalina Avenue
42
43 Mr. Clewley asked if members of commission had opportunity to review the copy
44 of the document he had presented earlier in the meeting. He again expressed
45 his concerns about what he stated was the expediency with which the Staff
46 Report was distributed. He went on to state that he believed Council Member
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City of Seal Beach Planning Commission
Minutes of May 5, 1999 Meeting
1 Yost to be in conflict of interest and in violation of Fair Political Practices
2 Commission, since he was a former member of the Planning Commission and
3 was now a member of City Council. Mr. Clewley questioned whether this council
4 member's decisions would be impartial.
5
6 Mr. Clewley then proceeded to discuss Ordinance 1419 and stated the City did
7 not have a true understanding of retaining walls or city codes relating to the
8 construction of these walls.
9
10 Chairman Brown closed oral communications.
11
12 Chairman Brown re-stated that a shared parking study should be completed to
13 assist in the future in resolving required parking issues.
14
15 Commissioner Cutuli stated that setbacks are not just for safety between
16 structures and inquired as to what the City Council had decided on this issue
17 Mr. Whittenberg responded that he had no report on the agenda regarding
18 setbacks. No final action by the City Council had yet been taken.
19
20 Commissioner Larson interjected that if the item was not on the agenda it should
21 not be discussed. Mr. Steele stated that if an item was not on the agenda, the
22 Planning Commission members could not dialogue among themselves or
23 respond to issues not yet voted on by the Council. He stated that the Planning
24 Commission would make recommendations in the future regarding the status of
25 setbacks within the city.
26
27 Commissioner Lyon asked Mr. Whittenberg to briefly describe the process for
28 voting on issues presented to the Council. Mr. Whittenberg stated that an
29 ordinance or change in ordinance that would impact the city requires a public
30 hearing before the Planning Commission. After the close of the public hearing
31 the City Council can then determine whether it wants to hold a public hearing to
32 approve any change to an ordinance. A 2nd reading is then held and the council
33 can then vote to approve.
34
35
36 STAFF CONCERNS
37
38 There were no Staff Concerns at this time.
39
40
41 COMMISSION CONCERNS
42
43 Commissioner Cutuli inquired regarding the status of the cable teleVision
44 monitors within the city counCil chambers. Mr. Whittenberg stated that he had
45 not yet received an answer from the cable television network and the matter was
46 still under discussion.
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City of Seal Beach Planning Commission
Minutes of May 5, 1999 Meeting
1
2 Commissioner Larson notified the commission members that he would not be
3 present at the next Planning Commission meeting.
4
5 Chairman Brown stated that regarding Council Member Yost, he did not believe
6 this council member to be in conflict of interest or in violation of FPPC. Mr.
7 Steele elaborated on this point by confirming that the issue had nothing to do
8 with FPPC or conflict of interest. He stated that when a Planning Commissioner
9 becomes a City Council member voting on quasi-judicial applications, it becomes
10 a due process problem. This is because there is concern that the council
11 member might not be fair in considering a particular item as it applies to the
12 applicant, but that it is not a legal matter. He also stated that at any rate council
13 members vote on issues that affect the city as a whole and not just a particular
14 applicant. When City Council takes information on the Planning Commission
15 level and considers it on that level; it is simply a question of due process.
16
17 Chairman Brown stated that he had read the Staff Report relating to Ordinance
18 1419 and advised those present that if they had any concerns they should
19 contact their council person regarding this ordinance. He stated that this was
20 definitely not a closed issue and was still open to discussion prior to the second
21 vote.
22
23 Chairman Brown then expressed his concern with the Planning Commission
24 having to hear Conditional Use Permit and Variance issues. He said that he
25 believed these were items that should be heard and voted on by City Council.
26
27
28 ADJOURNMENT
29
30 Chairman Brown adjourned the meeting at 9'07 p.m.
31
32 Respectfully Submitted,
33
34
35 Carmen Alvarez
36 Secretary
37 Planning Department
38
39
40 APPROVAL
41
42 The Planning Commission Minutes of May 5, 1999 were approved by the
43 Commission on May _,1999. _
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35 Carmen Alvarez
36 Secretary
37 Planning Department
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City of Seal Beach Planning Commission
Minutes of May 5, 1999 Meeting
Commissioner Larson notified the commission members that he would not be
present at the next Planning Commission meeting.
Chairman Brown stated that regarding Council Member Yost, he did not beheve
this council member to be in conflict of interest or in violation of FPPC. Mr.
Steele elaborated on this point by confirming that the issue had nothing to do
with FPPC or conflict of interest. He stated that when a Planning Commissioner
becomes a City Council member voting on quasi-judicial applications, it becomes
a due process problem. This is because there is concern that the council
member might not be fair in considering a particular item as It applies to the
applicant, but that it is not a legal matter. He also stated that at any rate council
members vote on issues that affect the city as a whole and not just a particular
applicant. When City Council takes information on the Planning CommiSSion
level and considers it on that level; it is simply a question of due process.
Chairman Brown stated that he had read the Staff Report relating to Ordinance
1419 and advised those present that if they had any concerns they should
contact their council person regarding this ordinance. He stated that this was
definitely not a closed issue and was still open to discussion prior to the second
vote.
Chairman Brown then expressed his concern with the Planning Commission
having to hear Conditional Use Permit and Variance issues. He said that he
believed these were items that should be heard and voted on by City Council.
ADJOURNMENT
Chairman Brown adjourned the meeting at 9.07 p.m.
Respectfully Submitted,
APPROVAL
The Planning Commission Minutes of May 5, 1999 were approved by the
Commission on June 9, 1999. ~
12