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HomeMy WebLinkAboutPC Min 2000-05-03 . . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for May 3,2000 7:30 p.m. 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 Terence Boga, Assistant City Attorney Mac Cummins, Assistant Planner Carmen Alvarez, Executive Secretary 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 in the Department of Development Services and City libraries for public inspection. . . . City of Seal Beach Planning Commission. Agenda of May 3, 2000 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 May 3, 2000 City of Seal Beach Planning Commission May 3, 2000 Agenda I. PLEDGE OF ALLEGIANCE II. III. ROLL CALL 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. PRESENTATION 1. Resolution No. 00-12 Honoring John Larson. VI. 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. 2. Approve Planning Commission Meeting Minutes of April 19, 2000. 3. Minor Plan Review 00-2 1733 Crestview Applicant/Owner: Request: Gary and Terl Myers After the fact approval of a previously non-permitted deck in the rear yard setback. Recommendation: Recommend approval, subject to conditions, and adoption of Resolution 00-5 VII. SCHEDULED MATTERS 4. Preliminary Landscape Development, Area "B" Bixby Old Ranch Towne Center, Lampson Avenue and Seal Beach Boulevard Applicant/Owner: Request: Bixby Ranch Company To provide comments to Staff, receive and file status report regarding preliminary landscape development in conjunction with the approved Bixby Old Ranch Towne Center Project. Recommendation: Receive and file, provide any comments determined appropriate, and forward to City Council. 3 City of Seal Beach Planning Commission. Agenda of May 3, 2000 . VIII. PUBLIC HEARINGS 5. Conditional Use Pennit 99-7and Height Variation 99-76 ~ Country Suites by Ayres, Northeast Comer of 1-405 Freeway Off-Ramp and Seal Beach Blvd. Applicant/Owner: Request: The Ayres Group To build a three-story, 104-room hotel with a 117-space parking lot, landscaping, and other ancillary facilities on property located at the southeast comer of Lampson Avenue and Seal Beach Boulevard. Recommendation: Recommend approval, subject to conditions, and adoption of Resolution 99-17 and 99-19, respectively. 6. Eucalyptus Tree Pennit 99-2 Bixby Old Ranch Town Center, Lampson Avenue and Seal Beach Boulevard Applicant/Owner: Request: Bixby Ranch Company To remove eucalyptus trees within the 40-foot windrow in conjunction with the approved Bixby Old Ranch Towne Center Project. Recommendation: Recommend approval, subject to conditions, and adoption of Resolution 99-20 7. Variance 00-2 13001 Seal Beach Boulevard . Applicant/Owner: Mr. John Koos (On behalf of Airtouch Cellular) I B&P Custom Building Products Request: To increase the height of cellular antennas placed on top of the roof. Recommendation: Pleasure of the Planning Commission. IX. STAFF CONCERNS X. COMMISSION CONCERNS XI. ADJOURNMENT . 4 . MAY 17 JUN 07 JUN 21 JUL 05 JUL 19 AUG 09 AUG 23 SEP 06 SEP 20 OCT 04 . OCT 18 NOV 08 NOV 22 DEC 06 DEC 20 City of Seal Beach Planning Commission. Agenda of May 3, 2000 2000 AQenda Forecast Conditional Use Pennit 98-12 (Indefinite Extension) Vons Market Conditional Use Pennit 99-5 Sav-On Drugs - 12-Month Review CUP 99-9 Faith Christian Assembly - 12-Month Review TO BE SCHEDULED: o o o o Study Session: Study Session: Study Session: Staff Report: Pennitted Uses and Development Standards in Commercial Zones (5/6/98) Seal Beach Boulevard (10n/98) Anaheim Bay Villas (10n/98) 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) . 5 r~ " '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 . CITY OF SEAL BEACH PLANNING COMMISSION Minutes of May 3, 2000 Chairperson Hood called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, May 3, 2000. The meeting was held in the City Council Chambers and began with the Salute to the Flag.1 ROLL CALL Present: Chairperson Hood Commissioners Brown, Cutuli, Larson, and Lyon Also Present: Department of Development Services Lee Whittenberg, Director Terence Boga, Assistant City Attorney Mac Cummins, Assistant Planner Absent: None AGENDA APPROVAL Mr. Whittenberg requested that Item No. 3 be removed from the Consent Calendar so that Staff might provide a verbal supplemental report prior to the Planning Commission making a decision on this item. MOTION by Cutuli; SECOND by Larson' to approve the Agenda as amended. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Brown, Cutuli, Hood, Larson, and Lyon None None ORAL COMMUNICATIONS Chairperson Hood opened oral communications. Mr. Reg Clewley commented on the newspaper article in the Press Telegram regarding rabbits in Leisure World and stated that although the residents of Leisure 1 These Minutes were transcribed from audiotape of the meeting. 1 I .' ~ 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 Meeting Minutes of May 3, 2000 World voted to allow dogs in Gum Grove Park, they are now quite upset about the rabbits in their neighborhood. He said that these same residents are now requesting that it be permissible to use compressed air guns to "murder" the rabbits. He noted that this slaughter of rabbits was the direct result of the new Bixby Project and the removal of the eucalyptus trees at that location. He stated that the homes of these rabbits had been destroyed and they are now seeking shelter elsewhere. He encouraged City residents to contact the Seal Beach Police Department (SBPD) to protest the killing of these rabbits. He said that he lives in harmony all year long with rabbits in his back yard. Chairperson Hood closed oral communications. PRESENTATION 1. Resolution No. 00-12 Honoring John Larson. Chairperson Hood presented the framed Resolution 99-37 that was approved in October 1999 honoring Brian Brown for his chairmanship of the Planning Commission. He also announced that this would be the last Planning Commission meeting that Commissioner Larson would attend before his transition to the City Council. It was noted that due to this transition, Commissioner Larson would be excused from tonight's meeting, as his vote on any of the items presented tonight might be challenged later when presented to the City Council. Chairperson Hood then presented Resolution 00-12 honoring Commissioner Larson for his service on the Planning Commission. Mr. Whittenberg also thanked Commissioner Larson on behalf of Staff for his service as a Planning Commissioner. Commissioner Larson excused himself from the meeting. MOTION by Brown; SECOND by Cutuli to approve Resolution 00-12 honoring Commissioner Larson. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 4-0-1 Brown, Cutuli, Hood, and Lyon None None Larson CONSENT CALENDAR 2. Approve Planning Commission Meeting Minutes of Apri/19, 2000. Chairperson Hood reported that he would abstain from voting on this item as he was absent from the Planning Commission meeting of April 19, 2000. 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 Meeting Minutes of May 3, 2000 MOTION by Brown; SECOND by Cutuli to approve the Minutes of April 19, 2000 as presented. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 3-0-1 Brown, Cutuli, and Lyon None None Hood 3. Minor Plan Review 00-2 (Removed from Consent Calendar) 1733 Crestview Applicant/Owner: Request: Gary and T eri Myers After the fact approval of a previously non-permitted deck in the rear yard setback. Recommendation: Recommend approval, subject to conditions, and adoption of Resolution 00-5. Staff Report Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He stated that Minor Plan Review (MPR) 00-2 had been continued from the January 19, 2000 Planning Commission meeting. He provided background information on this item and listed the surrounding land uses to the property as follows: SOUTH, EAST & WEST NORTH Residential housing in a Residential Low Density (RLD) Zone. The Hellman Ranch Property and beyond that the Boeing Property. He reported that in 1990 the previous owner began construction on the deck. The City became aware of the project and placed a stop work order on the construction. The then owner stated that he would proceed building the deck whether the City liked it or not creating the need for code enforcement. The owner was instructed to apply for a Variance, which was subsequently denied by the Planning Commission and the City Council. During this period the City also became aware that there were several other properties in the area with illegally constructed decks. Staff was then instructed by City Council to compose Ordinance No. 1419 dealing with construction of decks. Mr. Cummins reported that Zone Text Amendment (ZTA) 96-1 was considered by the Planning Commission in February 1999 and passed by the City Council in May 1999. He stated that Ordinance 1419 allows for level extension of grades for these decks and places a height limit of 12.5 feet for new construction of 3 .' ~ 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 Meeting Minutes of May 3, 2000 decks. Mr. Cummins reported that for decks constructed prior to January 1, 1999, the property owners could apply for a MPR and an after-the-fact building permit. Regarding MPR 00-2, Mr. Cummins noted that the current property owners purchased the property in 1995 and were aware that they had an illegally constructed deck and are currently making application in conformance with Ordinance 1419. He stated that the existing deck does meet the provisions of the ordinance. He explained that on January 19, 2000, the Planning Commission heard MPR 00-2 and agreed that it be continued as there were several code enforcement issues that needed to be addressed before granting approval. Mr. Cummins stated that the property owners have provided Staff with structural calculations and a survey of the deck structure, which clearly shows that the deck does not encroach onto the Hellman Property. The Director of Development Services also inspected the property and found the owners to be in compliance with all of the conditions of approval. Staff recommends approval of MPR 00-2 subject to conditions, excluding the first 3 conditions, which have already been met. Commissioner Questions Commissioner Cutuli asked about the validity of calculations to ensure the structural safety of the deck. Mr. Cummins stated that the plan check indicated that the deck does meet the City Code requirements. Commissioner Brown asked if the covered patio cover had been removed. Mr. Cummins responded that upon re-inspection of the site, the cover was determined to be out of the required setback area. Public Comment Chairperson Hood opened the public comment session. Mr. Michael Zatara, attorney for the Myers stated that a letter had been forwarded to the City stating that the applicant desired a final resolution to this matter, and had no problem in having to apply for the after-the-fact building permit. Commissioner Brown noted that neither Staff nor the Commission had received a copy of the aforementioned letter. Mr. Zatara stated that the letter had been mailed and faxed to the City Manager and the Director of Development Services on Monday, May 1, 2000. For the record Mr. Zatara proceeded to read from his copy of the letter. Mr. Reg Clewley stated that MPR 00-2 should have been presented as a public hearing item. He again noted that the applicant had stated at the January 19, 2000 Planning Commission meeting that she was "grateful" not "glad" that the City Council had approved Ordinance 1419. He said that no approval had been granted for any encroachments onto the utility easement of back yards in this area. He criticized the photocopy quality of some of the exhibits in the Staff Report, and stated that it also included fabricated documents. He stated that Ordinance 1419 first came before the 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 .46 City of Seal Beach Planning Commission Meeting Minutes of May 3, 2000 Planning Commission in December 22, 1989. He said that the gazebo at 1733 Crestview was also constructed without a building permit. He said that MPR 00-2 was both the first and last MPR that would ever come before the Planning Commission under Ordinance 1419 as the one-year time limit expires next week. He stated that approval of MPR 00-2 would be a "classic special privilege" to the applicant. Mr. Clewley stated that Staff has repeatedly misrepresented the facts, despite his objections. He noted that there were no studies of soil conditions or archaeological studies conducted. He said that both the engineer's report and the surveyor's report document that the northwest deck post is less than 4 inches from the property line and does encroach onto Archeological Site CA-ORA-260. He said the post must be removed by a qualified archaeologist in the presence of a Native American monitor. He stated that this deck was not constructed as an extension of the flat graded portion of the lot. He said that MPR 00-2 was inconsistent with the City General Plan, as it interferes with the City's ability to ensure neighborhood compatibility and orderly community development. Mr. Clewley said the deck does not quality for approval under Ordinance 1419 and recommended denial of MPR 00-2. Mr. Dave Bartlett, representative for the Hellman Property, expressed their support of Ordinance 1419, and stated that the manner in which Staff has conditioned MPR 00-2 mitigates any concerns with regard to encroachment onto the Hellman Property. He stated that the Hellman Ranch Company supported Staffs recommendations. Mr. Whittenberg reported that Mr. Reg Clewley had submitted a letter expressing his opposition to MPR 00-2, most of which Mr. Clewley had read during his presentation. Mr. Whittenberg noted that a copy of the letter was made available to the Commission and to any interested parties. Chairperson Hood closed the public comment session. Commissioner Questions Commissioner Brown asked if Mr. Clewley was correct in stating that this would be the first and only MPR submitted for Ordinance 1419. Mr. Whittenberg responded that it is the only one submitted so far. He said once the one-year deadline expires, the City will then prosecute those decks in violation of the City Code. as it then becomes a code enforcement and removal issue. Mr. Boga noted that Ordinance 1419 provided for a one-year period for property owners with non-conforming decks to apply for the after-the-fact building permit, and that this is not the time limit for acquiring approval. He also noted that the expiration date was not May 10, but actually about 30 days after that. Commissioner Brown confirmed that there are 3 or 4 other properties to which the ordinance would apply. Mr. Whittenberg confirmed that this was what Staff had ascertained. He stated that if no applications were received from these property 5 .'~ 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 Meeting Minutes of May 3, 2000 owners, Staff would investigate and if they were found to be in violation of the ordinance, then code enforcement would proceed to bring the decks into conformance or be removed. Commissioner Brown asked about the deck post that Mr. Clewley claims is encroaching. Mr. Whittenberg responded that he had reviewed the survey completed by R.V. Pearsall, Inc., and by Gregory Engineering and they clearly show that the deck structure itself does not extend across the property line. Commissioner Comments Commissioner Brown commented that this issue had come before the Planning Commission at 3 public hearings, and the Commission had voted it down 3 times. He stated that although the current property owners did not construct the deck, the City did not create the problem and it sets bad precedent to approve this non- conforming deck, regardless of City ordinances or ZTAs to allow this. He stated that he was disturbed by the fact that the Staff Report documents the applicant's refusal to allow inspection of the deck until shortly before tonight's meeting. He said that he would again vote to deny MPR 00-2. Commissioner Cutuli stated that this was a messy situation that had gone on for too long. He said the City was responsible for not having placed restrictions on the final transference of ownership so that the non-conforming deck would not have been carried over to the new owners. He noted that Commissioner Brown had often stated that it is not the Planning Commission's responsibility to make the laws but to attempt to interpret them. He said that unless he could be given a good reason to deny MPR 00-2, he would vote to approve. Commissioner Brown stated that in this case it is the function of the Planning Commission to look at the long-term effects of its decisions. He cited one of the conditions of approval for MPR 00-2 (clearing the underside of the deck) as one that would not be enforceable. He also noted that the debris under the deck would then serve as an "eyesore" to people visiting Gum Grove Park. He said that no matter how you condition MPR 00-2, it would not happen. He said that when there is no way you can enforce a law, it is a bad law. Mr. Whittenberg interjected by stating that despite the fact that this has been a long- running, difficult issue, City Council adopted the ordinance to allow these pre- existing deck structures to come before the Planning Commission for a Minor Plan Review with certain conditions. He noted that the primary conditions are that the decks not encroach across the property line, that they are structurally sound, and that there be no items stored underneath the decks creating a potential fire hazard. He stated that MPR 00-2 meets all of these criteria. Commissioner Brown asked how Staff could be sure that the deck posts do not encroach across the property line. Mr. Whittenberg responded that this was based on a signed plan provided by a licensed land surveyor approved by a licensing body of the State of California, and a 6 ~ .' ~ 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 Meeting Minutes of May 3, 2000 form signed by a licensed structural engineer. He stated that regarding the issue of the materials stored under the deck, the applicant has complied with the City's request to remove the materials, and Staff feels that there should be a certain level of trust that property owners will continue to comply with the conditions set forth by the City. Mr. Whittenberg noted that because this was a matter of great pubtic interest, the applicants have expressed they are not happy to have to go through this process and want to minimize the number of times they have to appear before the Planning Commission. He stated that should the applicants not be in compliance, the City would then initiate code enforcement procedures. Chairperson Hood noted that there was a lot of anger regarding this issue since the previous owner basically ignored City policy, and the current owners bought into a property that was defective. He stated that the applicants were wrong in refusing to allow Staff to inspect the deck until today, making the issue appear suspicious. He said that the Planning Commission must rely upon the capability of Staff and the facts presented to them in order to try to make the best decision. He agreed with Commissioner Cutuli's comment about it not being the Planning Commission's responsibility to make the laws but to interpret them. He said that he found nothing in the Staff Report to convince him to deny MPR 00-2. MOTION by Brown; SECOND by Lyon to deny Minor Plan Review 00-2. MOTION CARRIED: AYES: NOES: ABSENT: 1-3 Brown Cutuli, Hood, and Lyon None Mr. Whittenberg noted that the motion should be made to adopt Resolution 00-5 and amend Section 6 to eliminate Conditions 1, 2, and 3. Commissioner Brown stated that the conditions should not be withdrawn. Chairperson Hood stated that Condition No. 2 is the only one that has to do with future use of the deck and recommended that this condition be retained. Commissioner Brown agreed. MOTION by Cutuli; SECOND by Lyon to approve Minor Plan Review 00-2 and adopt Resolution 00-5 and eliminate Conditions 1 and 3 in Section 6. MOTION CARRIED: AYES: NOES: ABSENT: 3-1 Cutuli, Hood, and Lyon Brown None Mr. Whittenberg advised that the adoption of Resolution No. 00-5 begins a 10-day calendar appeal period to the City Council. The Commissioner action tonight is final and the appeal period begins tomorrow morning. 7 .' ~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 .~~ 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 .46 47 City of Seal Beach Planning Commission Meeting Minutes of May 3, 2000 SCHEDULED MATTERS 4. Preliminary Landscape Development, Area "B" Bixby Old Ranch Towne Center, Lampson Avenue and Seal Beach Boulevard Applicant/Owner: Request: Bixby Ranch Company To provide comments to Staff, receive and file status report regarding preliminary landscape development in conjunction with the approved Bixby Old Ranch Towne Center Project. Recommendation: Receive and file, provide any comments determined appropriate, and forward to City Council. Staff Report Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He stated that this item was for review by the Planning Commission for comments on the Bixby Old Ranch Towne Center Project. He explained that Development Area "B" is the area along Seal Beach Boulevard between the 1-405 Freeway and Lampson Avenue. He said that this landscape plan had been approved by the Environmental Impact Report (EIR). Mr. Whittenberg noted that copies of the plan had been provided to the Planning Commission and City Council members for their comments. He provided background information on the project and displayed an area map of Development Area "B." He stated that Eucalyptus Tree Permit 99-2 that permitted the removal of eucalyptus trees in this area was approved in 1999, and specified that the eucalyptus trees removed would be replaced with a new eucalyptus tree of a certain size. He said that this landscaping plan does not deal with the actual number of eucalyptus trees to be planted but reflects the landscape plans for the location of the off-road bicycle/pedestrian pathway area. Mr. Whittenberg then outlined the conditions for landscape requirements for this project. He stated that the landscape plan would be prepared by a licensed landscape architect and would be submitted to the Fire Department, Parks and Recreation, and to the City Tree Preservation Committee for comments. He then presented photographs of the proposed landscape areas and responded to questions from the Commission. Commissioner Comments Commissioner Cutuli asked if these eucalyptus trees were the ones being proposed for the Lerp Psyllid Eradication Program. Mr. Whittenberg confirmed that they were. He explained that the Lerp Psyllid prefers a certain species of eucalyptus tree, and that the new eucalyptus plantings will not include this species of tree. He reported that a variety of species of trees will be planted to prevent future infestation of just one species of tree. Commissioner Cutuli recommended not planting the trees too close to the walkways as the pods that fall from the trees can be dangerous to step on and may cause pedestrians to slip and injure themselves. 8 .~ 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 Meeting Minutes of May 3, 2000 Commissioner Brown stated that he was concerned about the right turn only exit near the Country Inn Suites building turning onto Seal Beach Boulevard. He said that this was a dangerous place to have an exit, as the trees might obscure traffic moving at high speeds on the northbound downslope of the Seal Beach Boulevardl 1-405 overcrossing. Mr. Whittenberg responded that the site distance requirements under CalTrans prohibit obstruction of the view corridor by trees or shrubs for cars waiting to exit from a driveway. He stated that no trees would be planted at the driveway entrances. Public Comment Chairperson Hood opened the public comment session. Mr. Ron Bradshaw stated that the proposed landscape plan was devised based upon the concept recommendations made by the Planning Commission and City Council. He said that the intent was to maintain the design concept to be used for the remodeled golf course. He reminded the Commission that with completion of the Bixby Old Ranch Towne Center, Seal Beach Boulevard northbound was to be widened to 3 lanes instead of 2 as it approaches Lampson Avenue. Mr. Bradshaw also noted that a variety of species of trees were to be used for the replacement of trees removed, to prevent widespread infestation of anyone species of tree. He noted that the line of site corridor for cars approaching on Seal Beach Boulevard and cars exiting the driveway would be unobstructed by trees or shrubs, and the significant setback would make the car exiting the driveway more visible. Commissioner Cutuli asked if there was to be a wall along the shrubbery. Mr. Bradshaw responded that there would be no wall, and that most of the shrubbery would be planted along the Lampson Avenue side of the project. Chairperson Hood closed the public comment session. Chairperson Hood commented that previously people driving or cycling along Seal Beach Boulevard could enjoy the windrow of trees in the public areas, but if replacement trees are planted within the golf course, these people will no longer be able to enjoy the trees. Mr. Whittenberg responded that the plan was to have the majority of replacement trees planted in the public access areas. MOTION by Cutuli; SECOND by Lyon to Receive and File Preliminary Landscape Development, Area "B" and provide any comments determined appropriate, and forward to City Council. MOTION CARRIED: AYES: NOES: ABSENT: 4-0 Brown, Cutuli, Hood, and Lyon None None 9 .0 ~ 3 4 5 6 7 8 9 10 11 12 13 1'4 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 47 Cfty of Seal Beach Planning Commission Meeting Minutes of May 3, 2000 Mr. Whittenberg requested a short recess to prepare the presentation for the first public hearing item. PUBLIC HEARINGS 5 5. Conditional Use Permit 99-7 and Height Variation 99-2' Country Suites by Ayres, Northeast Corner of 1-405 Off-Ramp and Seal Beach Blvd. Applicant/Owner: Request: The Ayres Group To build a three story, 104-room hotel with a 117 -space parking lot, landscaping, and other ancillary facilities on property located at the southeast corner of Lampson Avenue and Seal Beach Boulevard. Recommendation: Recommend approval, subject to conditions, and adoption of Resolution 99-17 and 99-19, respectively. Staff Report Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information and stated that the applicant was proposing to construct a 104-room, 3-story hotel. He reported that this would include 117 parking spaces with 4 spaces designated for handicapped parking. He stated that this would be an L-shaped structure and would include a swimming pool and jacuzzi for use by guests. He said that the main entrance to the hotel would be located off of Seal Beach Boulevard and would be a 30-foot wide, right in/right out driveway. Mr. Whittenberg noted that Staff was awaiting the final plans for the street widening of the Seal Beach Boulevard/I-405 overcrossing. He also noted that the hotel project would share the location with the Marriott Senior Care Facility. He explained that the hotel was designed in a Country French style with a building height of 36.67 feet with several proposed architectural projections up to a height of 43 feet 2 inches. He noted that the height limit within this zone classification is 35 feet, but Section 28-2317(4) of the City Code does provide for height variations for non-habitable architectural features. Mr. Whittenberg explained that the architectural projections would add interest to the design of the hotel as opposed to having a flat roof. He presented photographs of other Country Inn Hotels within the County and stated that the Environmental Impact Report for this project had been approved by City Council and he noted that after mitigation measure were complete there would be no significant environmental impacts. Staff recommends approval of Conditional Use Permit 99-7 and Height Variation 99-2 subject to conditions. He reported that the proposed use is consistent with the provision of the land Use Element of the City's General Plan; the building and property are adequate in size, shape, and topography and location to meet the needs of the proposed use; and the proposed use is compatible with surrounding uses and not detrimental to the neighborhood. 10 .. ~ 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 Meeting Minutes of May 3, 2000 Commissioner Questions Commissioner Cutuli asked if a gated fence would enclose the swimming pool. Mr. Whittenberg responded that per the requirements a minimum 5-foot high fence would be provided. Mr. Boga reported the corrections to be made to Resolution 99-17 on Page 16, Section 4 and Page 28 Condition No.3, and to Resolution 99-19, Page 34, Section 4. Public Hearinq Chairperson Hood opened the public hearing. Mr. Doug Ayres of The Ayres Group stated that he was present to respond to any questions from the Commission or other interested parties. Commissioner Brown asked if the hotel would include conference rooms, and if so what the occupancy would be. Mr. Ayres reported that there would be several conference rooms with an occupancy of 65-70 people. Chairperson Hood stated that this appeared to be a "canned design" that Country Inn Suites used for all of their hotel locations. Mr. Ayres responded that this was not a canned design, but had been specifically designed for the area requesting the design. Mr. Reg Clewley stated that more handicapped parking spaces were needed. He said the height limit requested by the applicant is unacceptable and architecturally incompatible with the style of the building. He emphasized the importance of consistency in maintaining the City's standards for height limitations. Chairperson Hood closed the public hearing. Commissioner Comments Commissioner Brown asked about he number of required handicapped parking spaces. Mr. Whittenberg responded that the number of spaces provided in the plan comply with the American With Disabilities Act (ADA) requirements and provide them as close to the public entrances as possible. He said that the ratio was 1 handicapped space for every 35 parking spaces. MOTION by Brown; SECOND by Cutuli to approve Conditional Use Permit 99-7 and adopt Resol ution 99-17. MOTION CARRIED: AYES: NOES: ABSENT: 4-0 Brown, Cutuli, Hood, and Lyon None None 11 .. ~ 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 Meeting Minutes of May 3, 2000 Chairperson Hood stated that regarding Height Variation 99-2, the design of the hotel was not French Provincial but an American Gothic style and to add on height variation at the top does not make it French Provincial. He said that he would vote to deny the height variation. Commissioner Cutuli asked what the limitations were for recommending changes to the plans. Mr. Whittenberg responded that the review by the Planning Commission was generally to ensure that the project is in conformance with the criteria established by City Council when the project was approved. He noted that the Commission did have some ability to comment and condition the exterior appearance of the structure should the Commissioners feel that it was totally incompatible with the area and/or the City as a whole. Mr. Whittenberg then reviewed the architectural plans of the structure and the proposed architectural projections. He stated that Staff believed the height variation was not significant enough to create an overpowering, adverse visual effect from the street. He said it would simply provide additional character and interest to the structure. Chairperson Hood asked if the architectural projection at the front of the hotel were a habitable area. Mr. Whittenberg responded that perhaps Chairperson Hood would like to re-open the public hearing to allow the applicant to respond to this question. Commissioner Lyon asked how an applicant could deliberately design a building that does not conform to City requirements. Public Hearinq Chairperson Hood re-opened the public hearing. Mr. Doug Ayres stated that this was not intentional. He said that The Ayres Group submitted the design to the City for review and that was when they were told that the building exceeded the height limit allowed by the City. Mr. Whittenberg noted that the architectural feature might provide for higher ceilings on the third floor but the projection itself would not be a habitable structure. Mr. Ayres noted that although including the architectural feature increases the cost of construction, this building design would be more visually pleasing than a building with a flat roof. He said that he would be happy to eliminate the architectural feature if the Commission so desired. Commissioner Lyon insisted that designing a building that does not conform to City requirements was not appropriate. Mr. Whittenberg responded that the Height Variation allows the applicant to make a request for approval to the City. He said that if the City should deny the Height Variation, the building would have to be modified to comply with the City's height standards. Commissioner Cutuli stated that he did not believe it would be advantageous to the City to expect that the building have a flat roof. 12 ..~ 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 Meeting Minutes of May 3, 2000 Mr. Ron Bradshaw stated that the City was concerned with placing a quality hotel on this site, and he believes that the Ayres Group has designed a quality hotel that will provide all of the best amenities to its guests. Mr. Reg Clewley said that if this is approved, the Cpmmission is basically approving across the board height variations up to the rooftop. He stated that although he was not overly concerned about the hotel, there were many other situations in which residents will receive approval for a height variation and wait until after the final inspection to install closet space. Ms. Sue Corbin stated that no comment had been made about the "butchering" of all of the eucalyptus tress at the project location. She said that granting this height variation would be a special privilege. She stated that none of the residents in the development area wanted the project, and she did not believe any consideration or special privilege should be allowed the Bixby Ranch Company. Mr. Ayres rebutted by stating that the only portion of the roof structure that could be extended up is the furthest most portion beyond the head of the building. He stated that The Ayres Group has constructed 15 of these hotels and spends a lot of money on design and furnishings to make it better than the average hotel. Chairperson Hood closed the public hearing. He stated that he was concerned about the issue of special privilege. Mr. Whittenberg stated that Staff feels that the proposals for this project are within the overall volume of the structure, and feel that the architectural feature is an enhancement to the structure. He said that as a part of the approval for the commercial project, similar height variations for several roof projections for the commercial buildings had also been approved. S MOTION by Brown; SECOND by Cutuli to approve Height Variation 99-2 and adopt Resolution 99-19 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 3-1 Brown, Cutuli and Hood Lyon None Mr. Whittenberg advised that the adoption of Resolution No. 99-17 and Resolution No. 99-19 begins a 10-day calendar appeal period to the City Council. The Commissioner action tonight is final and the appeal period begins tomorrow morning. 6. Eucalyptus Tree Permit 99-2 Bixby Old Ranch Towne Center, Lampson Avenue and Seal Beach Boulevard Applicant/Owner: Bixby Ranch Company 13 .' ~ 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 Meeting Minutes of May 3, 2000 Request: To remove eucalyptus trees within the 40-foot windrow in conjunction with the approved Bixby Old Ranch Towne Center Project. Recommendation: Recommend approval, subject to conditions, and adoption of Resolution 99-20 Staff Report Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He stated that this item had previously appeared before the Planning Commission in April 1999, along with the hotel project. He noted that at the request of the applicant, both of these items were tabled pending a court decision that required the City to rescind all approvals on the Bixby Project until the re-evaluation of certain portions of the Environmental Impact Report was completed. Mr. Whittenberg explained that the application deals with the existing 40-foot wide windrow of eucalyptus trees along the east side of Seal Beach Boulevard, north of Lampson Avenue. He said that the zoning includes a 40-foot landscaped setback area assigned to the City, and the shopping center area and the golf course. He reported that the proposal was to remove 67 of the 223 trees (30%) within the grove that are subject to the conditions of the Eucalyptus Tree Permit. City Council has proposed that 70% of the trees in that particular grove be maintained. He provided an overview of the diagram of trees designated for removal. He noted that the primary reason for the removal of the trees is to accommodate the entry and exit driveways to the shopping center. He noted that 47 of the 67 trees designated for removal are located in the shopping center area of the project. Mr. Whittenberg then reported on the number of trees of the total 67 to be removed within each development area. Mr. Whittenberg referred to the Tree Preservation Report completed by Mr. Greg Applegate, the arborist evaluating the eucalyptus grove. He reported that Mr. Applegate recommends removal of 46 percent of the trees as a result of infestation. Staff recommends that the Planning Commission not follow Mr. Applegate's recommendations. Staff would like to instruct the arborist to designate trees for removal while staying with the recommendation of City Council to remove only 30% of the trees. Mr. Whittenberg then briefly outlined the plans for tree removal and replacement. He stated that Eucalyptus Tree Permit 99-2 is in conformance with the standards of Section 7D of the City Code and with the mitigation measures as proposed by City Council. He then reviewed the conditions for approval and presented several photographs of eucalyptus tree groves in Seal Beach and Irvine. Staff recommends approval of Eucalyptus Tree Permit 99-2. Commissioner Questions Commissioner Cutuli asked if there is a plan to provide for watering of the trees. Mr. Whittenberg responded that the plan does require an aboveground irrigation system for the eucalyptus grove. 14 .' ~ 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 Meeting Minutes of May 3, 2000 Chairperson Hood inquired about the Eucalyptus Windrow Preservation Plan. Mr. Whittenberg reported that the plan has not yet been prepared, but would be prepared once the Planning Commission and City Council approve which trees are to be removed. Chairperson Hood stated that his Council person has requested that if possible, some changes be made in the locations of some of the entry/exit driveways for the development. Using the overhead projection of the landscape plan Chairperson Hood pointed out the driveways proposed for relocation and discussed the reasons for relocating these entry/exit driveways. Mr. Whittenberg noted that this particular Site Plan with the 4 driveways in the locations as they are proposed at this time had been approved by City Council by a 4-1 vote. He reported that based on the site plan approvals granted by both the Planning Commission and the City Council, plans are presently being drafted for the Sav-On Drug Store to be located at the southerly end of the commercial development. He remarked that much consideration has been given to the issue of how much flexibility is given to the mitigation requirement that the City maintain at least 70% of the trees. He stated that should the Planning Commission approve removal of more than 30% of the trees, Staff would have to produce some kind of supplemental environmental document that would have to be circulated. He said that this was why Staff had been very careful to ensure that applications for this development are in accordance with the approved mitigation measures. Public HearinQ Chairperson Hood opened the public hearing. Mr. Ron Bradshaw stated that the tree removal plan was exactly the same as it had been when it was reviewed in April of 1999. He stated that 67 trees had been proposed for removal to accommodate the street-widening portion of the project. He reported that 317 permits were issued for all of the areas of removal with the exception of the historic windrow, and 316 of those trees have been removed. He stated that 456 eucalyptus trees have been replaced by now. Mr. Bradshaw said that 1,425 eucalyptus trees have been planted on the golf course. He stated that by the time the golf course planting was complete, all of the requirements for eucalyptus replacement would have taken place. He reported that approximately 800 to 1,000 trees had been planted along Lampson Avenue, essentially creating another windrow along this street. He stated that 297 other types of trees that had been removed would also be replaced, for a total of more than 3,000 trees planted in the area. Mr. Bradshaw noted that when the project began there were 1,133 trees, and currently there are 2,176 trees, and there will be 700 to 800 more trees planted before the project is complete. Commissioner Cutuli asked how many new trees were to be planted in the windrow. Mr. Bradshaw responded that based upon the arborist's recommendation, the windrow trees would be replaced as they succumb to natural attrition. He noted that the lerp psyllid eradication program had begun and the arborist would provide monthly status reports on the health of the trees. 15 .' ~ 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 Meeting Minutes of May 3, 2000 Ms. Sue Corbin stated that this was a very sad situation. She stated that widening of the Seal Beach Boulevard/l-405 overcrossing would mean that more of the eucalyptus trees would have to be removed. She said that she found it incredible that the trees slated for removal because they had been "topped," had in fact been "topped" by the City. Ms. Corbin noted that previous to the approval of this new development project, the Bixby Ranch Company had no concern for the health of the eucalyptus grove trees. She stated that the whole issue was just "a big lie." Chairperson Hood asked how many trees would be removed to widen the Seal Beach Boulevard overcrossing. Mr. Whittenberg responded that seven (7) trees would have to be removed. Commissioner Comments Mr. Whittenberg reported that an unsigned letter was received stating opposition to the Bixby Ranch Old Towne Center Project. Chairperson Hood read the letter into the record. MOTION by Brown; SECOND by Cutuli to approve Eucalyptus Tree Permit 99-2 and adopt Resolution 99-20. MOTION FAILED: AYES: NOES: ABSENT: 2-2 Brown and Cutuli Hood and Lyon None Mr. Boga stated that a Resolution to deny Eucalyptus Tree Permit 99-2 will be brought before the Commission for consideration, and may be reconsidered and the permit approved by a two-thirds vote. 7. Variance 00-2 13001 Seal Beach Boulevard ApplicanUOwner: Mr. John Koos (On behalf of Airtouch Cellular) I B&P Custom Building Products Request: To increase the height of cellular antennas placed on top of the roof. Recommendation: Pleasure of the Planning Commission. Staff Report Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided background information on this item and listed the surrounding land uses to the property as follows: 16 .' ~ 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 Meeting Minutes of May 3, 2000 SOUTH & WEST Residential housing in a Residential High Density (RHO) zone within Leisure World. NORTH The 1-405 Freeway EAST Naval Weapons Station. Mr. Cummins reported that the applicant stated that this application was made because the Federal Communications Commission (FCC) has mandated that Airtouch Cellular attempt to mitigate radio frequency waves (RFW) that may have adverse affects on the health and safety of individuals. After researching the matter, the consultant for Airtouch Cellular recommended constructing some type of physical barrier with radio frequency caution signs attached, or raising the transmit antennas. Airtouch does not feel that the physical barriers will provide enough safety and would like to raise the antennas. He stated that currently there is a parapet on top of the 35-foot high building from which the towers project. He said that moving the antenna 8-9 feet above the height limit of 35-feet would create a 43- foot antenna. Mr. Cummins stated that several requests have been made for cellular telephone antennas and the usual height of these antennas is 40 feet. He stated that if this application for a 43-foot antenna were granted, it might set a precedent for future applications for "safety reasons." He reported that the City does not have an ordinance regulating cellular telephone towers, and stated that the FCC Bulletin provided to Airtouch on this issues states that it is in NO way a mandate or regulation but is only to advise of guidelines and suggestions for evaluating compliance. He listed the provisions for granting of a variance as follows: 1. The variance will not adversely affect the General Plan. 2. Special circumstances applicable to the property somehow deprive the property owner from enjoying the same privileges enjoyed by other property owners within the same vicinity and zone. 3. The granting of such a variance will not constitute a grant of special privileges. Mr. Cummins presented photographs of the property and stated that Staff makes no recommendations at this point, and believes that whether or not this property has a unique safety characteristic is at the discretion of the Commission. Commissioner Questions Commissioner Lyon stated that based upon what the FCC has stated on the plans, it appears that the applicant has no choice but to increase the height of the antenna. Mr. Cummins responded that the FCC has stated that the RFWs "might" be dangerous and is recommending that the cellular telephone towers be placed in areas where the public will not be exposed to them. He stated that Staff is concerned about setting a precedent and may begin receiving requests to place antennas at a height of 43 feet. 17 .' ~ 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 Meeting Minutes of May 3, 2000 Commissioner Brown reviewed the two recommendations for protecting the public from the RFWs. He clarified that based upon the consultant's report, the physical barrier could be used instead of raising the elevation of the antenna. Mr. Cummins confirmed that this was so. Chairperson Hood asked Mr. Boga what the potential for liability for the Planning Commission would be in making a decision taking the safety issue into consideration. Mr. Boga stated that there were no liability concerns as this was not a City Facility. He noted that the FCC Bulletin dated August 1997 states that this is not mandatory. He said that he had not had an opportunity to review the FCC regulation cited by Commissioner Lyon, but the Planning Commission can still vote on this issue. Public Hearinq Chairperson Hood opened the public hearing. Mr. John Koos stated that Airtouch is happy with the current transmit coverage but did want to take the FCC Bulleting seriously, and do have concern for preventing exposure to RFWs by roofers or other maintenance personnel having to access the roof of the building. He stated that as far as aesthetics are concerned, currently there are 21 antennas projecting from this building, and with the change in antennas not only will the technology be improved but also the number of antennas will be reduced to 12. He noted that a fiberglass fa~ade could then be placed in front of the antennas to help obscure them from view. He noted that an Airtouch engineer was also present to respond to questions. Mr. Koos stated that with regard to a physical barrier, Airtouch has found that unless the barriers are a specific height, people will ignore them and attempt to climb over them. Also Airtouch feels that the screened barriers would not be very attractive and it would be safer to raise the antenna height. Commissioner Brown asked if the screens were radiation screens or people screens. Mr. Koos responded that they would be people screens. Commissioner Brown asked how many Airtouch antennas there were in Seal Beach. Mr. Koos reported that currently there were two with plans for a third antenna. The Airtouch engineer addressed concerns about other cellular service carriers wanting to exceed city height limits. Mr. Koos interjected by noting that there were very few tall buildings in Seal Beach, so he did not see how approval of this application could set a precedent. Commissioner Brown asked why the tower at City Hall could not be used for the antenna. Mr. Whittenberg noted that were already two installations in the tower walkway railing. 18 . . .i ~ 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 Meeting Minutes of May 3, 2000 Commissioner Lyon asked if placing the antenna atop the City Hall tower would provide additional coverage. Mr. Koos stated that it would, but Airtouch would probably have to make modifications to reduce interference from other transmission lines. Chairperson Hood asked the applicant how many sites were located at California St~te 'University at Long Beach (CSULB). Mr. Koos stated that he did not know. Chairperson Hood stated that he would be curious to know what CSULB is doing regarding this FCC regulation. Chairperson Hood noted that because no individuals other than employees would be on the roof to perform repairs, the screening of the antennas should serve as sufficient protection. Mr. Koos stated that Airtouch was concerned with protecting the public health in general. Chairperson Hood asked if the antenna is mounted on the outside of a building, will it affect the people inside the building. Mr. Koos responded that it would not. Chairperson Hood then asked if it would affect individuals on the outside of the building. Mr. Koos responded that it would. Chairperson Hood closed the public hearing. Commissioner Comments Commissioner Brown noted that although he was against approving this variance, he said that it appeared that this is one of the only structures within the City where this would be an issue. He asked Staff if this was correct. Mr. Whittenberg stated that he believed that there were cellular antennas on the Bixby Ranch Office Building. Commissioner Brown noted that he would support this variance based upon the safety issue. MOTION by Brown; SECOND by Lyon to approve Variance 00-2 and have Staff prepare a Resolution. MOTION CARRIED: 4 - 0 AYES: Brown, Cutuli, Hood, and Lyon NOES: None ABSENT: None Mr. Whittenberg advised that the approval would be effective after adoption of the Resolution, which then begins a 10-day calendar appeal period to the City Council. The Commissioner action tonight is final and the appeal period begins after approval of the resolution. i STAFF CONCERNS None. 19 " 1:.. - ... . , .~ 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 Meeting Minutes of May 3, 2000 COMMISSION CONCERNS Commissioner Brown stated he had received telephone calls on the status of the patio at O'Malley's. Mr. Whittenberg reported that use of the patio has been approved for food service. He stated that the owner has complied with all conditions and that parking agreements with two other business owners have bee completed. He noted that the patio had been approved approximately two weeks ago. Chairperson Hood asked about the status of Mr. K's American Grill. Mr. Whittenberg responded that the City Manager had been in contact with the owner who confirmed that funding for completion of the restaurant was now available. He stated that he would look into the matter. Chairperson Hood also noted that on Page 13 of the Minutes of April 19, 2000, the record should show that Vice-Chairperson Cutuli adjourned the meeting. Mr. Whittenberg noted that he correction to the Minutes would be made. ADJOURNMENT Chairperson Hood adjourned the meeting at 11: 15 p. m. Respectfully Submitted, Carmen Alvarez, Executive Secret Planning Department APPROVAL The Commission on June 14, 2000 approved the Minutes of the Planning Commission Meeting of Wednesday, May 3, 2000. ~. 20 ---~