HomeMy WebLinkAboutPC Min 2001-06-20
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for June 20, 2001
7:30 p.m.
District 1 - Brian Brown
District 2 - Jim Sharp
District 3 - Len Cutuli
District 4 - David Hood
District 5 - Phil Ladner
Department of Development Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Assistant Planner
Carmen Alvarez, Executive Secretary
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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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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.
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Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m.
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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 in
the Department of Development Services and City libraries for public inspection.
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City of Seal Beach Planning Commission. Agenda of June 20, 2001
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 i'nformation 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 June 20, 2001
City of Seal Beach Planning Commission
Agenda for June 20, 2001
7:30 p.m.
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; andlor
(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.
Approve Planning CommiSSion Meeting Minutes of June 6, 2001
VI. SCHEDULED MATTERS
2. Study Session - Housing Element
VII. PUBLIC HEARINGS
3. Conditional Use Permit 98-18 (Indefinite Extension) - Continue to a date to be determined.
143 Main Street
Applicant/Owner:
Request:
Hennessey's Tavern, Inc./Dorothy Nescher
To continue to operate in a remodeled structure with an outdoor patio.
The City Council originally approved CUP 98-18 in January 1999. At the
end of the review period the applicant applied for an Indefinite extension.
The City Council granted a six-month extension That approval, ItS
conditions, and the applicant's request to add live music (which was
denied by City Council) are the subject of this application. Specifically,
the applicant would like Condition #11 (ban on exterior advertising of
alcoholic beverages) removed
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City of Seal Beach Planning Commission' Agenda of June 20, 2001
Recommendation: Approval, subject to conditions as recommended by Staff and as may
further be revised by the Commission after considering public testimony.
Adoption of Resolution 01-27.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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July 04
July 18
Aug 08
Aug 22
Sept 05
Sept 19
Oct 03
Oct 17
Nav 07
Nav 21
Dee 05
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City of Seal Beach Planning Commission. Agenda of June 20, 2001
2001 Aaenda Forecast
HOLIDAY - No Meeting Scheduled
CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan Grill) Review
TO BE SCHEDULED:
o Study Session: Permitted Uses and Development Standards In Commercial Zones (5/6/98)
o Study Session: Seal Beach Boulevard (10/7/98)
o Staff Report: Undergrounding of Utilities
o Study Session: Retaining Walls
o Study Session: ADA Handicapped-Accessible Restrooms
o Tentative Parcel Map 2000-134 (Boeing Company)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of June 20, 2001
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, June 20, 2001. 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, Ladner, and Sharp
Also
Present:
Department of Development Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Assistant Planner
Absent:
None
AGENDA APPROVAL
Mr. Whittenberg noted that Item 3 is to be continued to a date to be determined later
in the meeting.
MOTION by Sharp; SECOND by Ladner to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
There being no one wishing to speak, Chairperson Hood closed oral
communications.
1 These Minutes were transcribed from audiotape of the meeting.
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CIty of Seal Beach Planning Commission
Meeting Minutes of June 20, 2001
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of June 6, 2001.
MOTION by Sharp; SECOND by Cutuli to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
SCHEDULED MATTERS
2. Study Session - Housing Element
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report, Housing Element, and
visual presentation are on file for inspection in the Planning Department.) He
provided some background information on this item and stated that he would be
introducing the Draft Housing Element. He stated that this document is prepared
pursuant to State law requirements and it will now be forwarded to the State
Department of Housing and Community Development (HCD). He reported that HCD
is required by law to review the document and provide comments to the City prior to
the City taking any action to adopt the Housing Element (HE).
Mr. Whittenberg then proceeded to make an audio/visual presentation entitled "The
City of Seal Beach Housing Element Update, June 20, 2001." He explained that
through State legislation the State of California has established a goal to provide
decent housing and a suitable living environment for every person living within the
State. He noted that the Housing Element Law mandates that each city and county
within the State have a HE as a component of its General Plan. He said that the
criteria for what must be included in this document are very specific. The Director of
Development Services noted that the primary purpose of the HE is to identify the
existing and projected housing needs within the community over a 5-year period. He
explained that when the Planning Commission considers the HE at a future date,
this might involve amendments to other elements of the General Plan, as all of the
required elements must be internally consistent. Mr. Whittenberg stated that the role
of HCD is to review and comment on the draft document, and the city or county must
then revise the HE to reflect these comments, or it must make findings as to why the
local jurisdiction feels the existing provisions in their document are sufficient and do
not require revision. He noted that this could be a lengthy process with comments
going back and forth, and could sometimes be contentious. He said that Cotton-
Bridges & Associates (CBA), the consultants contracted by the City to compose the
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City of Seal Beach Planning Commission
Meeting Minutes of June 20, 2001
HE, would be assisting Staff with the review and comment process. Mr. Whittenberg
again explained this process and stated that once it is complete the HCD would
notify the City whether the document is to be certified. He noted that if HCD decides
not to certify the HE, this could open the City up to potential challenges if the City
approves additional housing projects. He stated that if HCD declines to certify the
document, the City can go through a self-certification process, but must make very
specific findings in order to do so. The Director of Development Services then
referred to a previous period in 1989 when the City HE had been determined to be
inadequate and as a result the court restricted the issuing of building permits for any
new residential construction. He stated that an HE is usually one of the most
mitigated sections of a General Plan for any city.
The Director of Development Services then discussed the reasons for the great
imbalance in housing within Orange County and reviewed recent statistical data
related to housing affordability within the county. He described how the existing
needs for housing within the City had to be examined as well as the projected needs
for future growth. Mr. Whittenberg explained that under "Projected Needs," the
numbers for Share of Regional Housing are determined by a Regional Housing
Needs Assessment (RHNA) process, which begins with the State Department of
Finance completing population projections for the state, then breaking these
numbers down into sub-regional areas. He stated that the sub-regional agency for
Seal Beach is the Southern California Association of Governments (SCAG), which is
responsible for a number of overall planning programs for Los Angeles, Orange, and
Ventura Counties, and the urban areas of San Bernardino and Riverside Counties.
Each County will then work through the process with each of the cities within its
boundary to determine what the rational share of housing is that each city can
accommodate. Mr. Whittenberg stated that this process takes approximately 18
months, and the City of Seal Beach has already gone through this process and was
assigned a number by SCAG. This information has been submitted to the State,
however, the State disagrees with the distribution in the overall number of units. He
commented that he believed there is currently ongoing litigation between SCAG and
HCD regarding the number of housing units that this region should accommodate.
Mr. Whittenberg reported that CBA is responsible for reviewing population and
employment trends, which is completed at the County level using data provided by
the Center for Demographic Research at California State University, Fullerton. He
stated that these numbers are projected through the year 2025. He reported that the
HE must also address special needs populations within the community and any
existing governmental and non-governmental constraints placed on the capability of
builders to build housing within the City. He noted that the two most prominent
constraints for Seal Beach are the cost of land and financing. He stated that State
law does require community involvement through community workshops, Planning
Commission review, and City Council meetings. He discussed the advantages and
disadvantages of the following policy options:
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City of Seal Beach Planmng Commission
Meetmg Minutes of June 20, 2001
1. Preservation/rehabilitation of existing housing.
2. Construction of multi-family housing.
3. Infill development.
4. Mixed-use developments.
5. Manufactured housing.
6. Use of granny flats.
7. Senior housing.
Mr. Whittenberg then briefly reviewed federal financial assistance programs
available for financing the purchase of a home. He noted that the City has
participated in the Mortgage Credit Certificate (MCC) Program, which allows first-
time homebuyers to obtain a reduced financing rate on a home purchase. He then
introduced Ms. Veronica Tam from CBA.
Ms. Veronica Tam stated that the determining factor as to whether a city will receive
federal funding is the RHNA. She reviewed the chart on Page 2-18 of the HE
reflecting the "Housing Growth Needs by Income Group" and explained the income
levels by Income Group categories. She said that although the State does not
require that the City produce the actual housing units, the City must still show that it
has land available to facilitate and encourage the development of affordable
housing. She noted that this would be a major challenge for the City of Seal Beach
and stated that Staff has worked hard to determine how to compile a land inventory
that would meet RHNA numbers. She reported that currently there are only 7 vacant
sites within the community and some would require a zone change in order to
construct housing on the land. Ms. Tam continued by stating that real estate is quite
expensive in Seal Beach and that the private market alone would not be sufficient for
building affordable housing within the community. She stated that the City must
offer some type of financial incentive to encourage people to subsidize these
developments. She reported that Seal Beach has shortfalls in the very low, low, and
moderate-income categories. She said that the surplus in the upper income
categories would not compensate for the shortfalls in the lower income categories.
She emphasized that negotiations with the State regarding the HE must rely on how
the City will encourage and facilitate the development of more affordable housing.
She noted the very stringent requirements associated with attempting to claim
housing credits using existing housing units against the RHNA needs allocation.
She discussed the possibility of incorporating a deed restriction in which the City
could "buy down" the rent for 10% of the units in a multiple family complex and make
them available to lower income households. The 10% buy down could then be
applied to the RHNA numbers for Seal Beach; however, the deed restriction would
have to be in effect for 30 years. She said that very few communities have been
able to claim credit, and she noted that with the demographics for Seal Beach, the
City would not be entitled to significant distributions of federal or state funds. She
encouraged the City to consider incorporating an inclusionary housing fee program.
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City of Seal Beach Plannmg CommIssion
Meeting Mmutes of June 20, 2001
Commissioner Questions
Commissioner Sharp asked the Director of Development Services what he meant
when he reported that there was no federally assisted housing in Seal Beach. Mr.
Whittenberg responded that currently there is no housing within the City that has
restrictions through a number of specific federal grant programs to maintain housing
for low/moderate income individuals. He said that Leisure World does have
financing for a development approved by the federal government, but this is a
program that is not subject to this analysis. Commissioner Sharp asked if the City
had ever allocated funds to allow builders to construct low-income housing. Mr.
Whittenberg responded that this had been done on a case-by-case basis. He
explained that an analysis must be completed on these projects to determine
whether it is financially feasible to develop low to moderate-income units, with a
further analysis done as to what the fair share of the builder's expenses should be.
These monies would then be placed into a City fund allocated for housing assistance
programs. He noted that as part of the approval for their projects, both the Hellman
Ranch Company and the Bixby Company had specific conditions attached for
contributing these types of funds to the City. Commissioner Sharp asked if these
funds are still available. Mr. Whittenberg reported that they are and that an annual
audit is done to ensure that these funds are properly distributed.
Commissioner Cutuli asked what the outcome would be if the City fails to meet
RHNA numbers for low-income housing. Mr. Whittenberg stated that there are a
number of existing multi-family apartment buildings that the City could upgrade and
utilize for this program. He explained that the City could also subsidize rents for low
or moderate-income residents. He said that the City would be endorsing this
alternative to assist in meeting the demand for low cost housing. Commissioner
Cutuli asked why the State was insisting on low-cost housing if the area of Seal
Beach does not lend itself to this. Mr. Whittenberg responded that the State of
California has struggled with the issue of creating an even distribution of low-cost
housing to all communities throughout the state since the mid 1970's. He said that
under this program the City is not required to go out and build housing, but is simply
required to demonstrate to the satisfaction of the State that the City has evaluated
available land, existing zoning provisions, and development standards and feels that
there is the capability, if a developer desires to do so, to come to the City and
attempt to construct low-income housing. He continued by noting that the issue
between local cities and the State is "how far does the State impose itself into the
local planning and development issues within a city." Commissioner Cutuli inquired
as to the lawsuit between two governmental agencies mentioned earlier by Mr.
Whittenberg, and questioned whether any discussion on the HE should be
postponed until a decision is made in this case. Mr. Whittenberg stated that this
would not be possible as the State has a deadline for cities to adopt their respective
Housing Elements, and the City of Seal Beach has already failed to meet that
deadline. He said that the City could no longer delay in completing adoption of its
HE. Commissioner Cutuli asked how frequently this process must be completed.
Mr. Whittenberg responded that the HE update should be completed every 5 years,
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City of Seal Beach Planning CommIssion
Meeting Minutes of June 20, 2001
but because the State is required to reimburse cities for a portion of the cost of
developing this program, when there are budget problems and the State cannot
refund the monies according to this State mandate, this legislation is placed on hold.
He said that now that this hold is off, the State is again expecting that the HE be
updated every 5 years.
Chairperson Hood asked if the State subsidy for developing this plan is paid during
the current fiscal year or the one following. Mr. Whittenberg said that once the
document is adopted, the City must complete documentation for reimbursement of
monies, and the funds are reimbursed in the next fiscal year. Chairperson Hood
asked jf with the current fiscal problems on the State level, the program might be
"axed" for next year. Mr. Whittenberg responded that there was no way of knowing
what the State might do. Chairperson Hood commented that delays in compiling
and analyzing 2000 Census information might make it difficult to complete the HE
document. Ms. Tam concurred and noted that when the proposed HE was created
the 2000 Census information was not available. She said that as soon as the data is
available, CBA would go back and incorporate the data. She then proceeded to
respond to questions from Chairperson Hood regarding the projected availability of
specific Census information. Ms. Tam also responded to questions regarding
specific data presented in the HE report.
Mr. Whittenberg noted that tonight's session requires no action on behalf of the
Planning Commission. He stated that CBA would forward the Draft Housing
Element to the HCD to initiate the review process. He said once the document is
ready to be scheduled for a public hearing Staff will notify the Planning Commission
approximately 3-4 weeks before the scheduled hearing. He estimated that it would
be approximately 2 months before this could take place.
Commissioner Sharp asked where in Leisure World the 4-acre area that the Director
of Development Services had noted as being available for low-income housing was.
Mr. Whittenberg stated that he believed it to be the RV parking area. Commissioner
Sharp asked where these RVs would be parked if this land were used. Mr.
Whittenberg said that by State law the City must evaluate the potential for unused
sites. He noted that this was the level of detail required in order to comply with State
law.
Commissioner Ladner asked how many low-income residences were required. Mr.
Whittenberg stated that the number of units to be accommodated is based upon
future anticipated population growth for the entire region of Southern California. He
said no credit is given for existing units, but the HE is required to evaluate future
needs. He explained that the City has always taken issue with the State over the
fact that Leisure World does provide a tremendous amount of moderately priced
income units and the City should receive recognition for this.
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City of Seal Beach Planning Commission
Meeting Minutes of June 20, 2001
PUBLIC HEARINGS
3. Conditional Use Permit 98-18 (Indefinite Extension)
143 Main Street
Continue to a' date to be determined
Applicant/Owner:
Request:
Hennessey's Tavern, Inc./Dorothy Nescher
To continue to operate in a remodeled structure with an
outdoor patio. The City Council originally approved CUP
98-18 in January 1999. At the end of the review period
the applicant applied for an indefinite extension. The City
Council granted a six-month extension. That approval,
its conditions, and the applicant's request to add live
music (which was denied by City Council) are the subject
of this application. Specifically, the applicant would like
Condition #11 (ban on exterior advertising of alcoholic
beverages) removed.
Recommendation:
Approval, subject to conditions as recommended by Staff
and as may further be revised by the Commission after
considering public testimony. Adopt Resolution 01-27.
STAFF CONCERNS
Mr. Whittenberg reported that the next regularly scheduled meeting of the Planning
Commission is July 4, 2001, which is a federal holiday. He recommended that the
Commission consider meeting on July 11, 2001 instead, with the next regularly
scheduled meeting to be held on July 18, 2001. He stated that there are a number
of continued items with several new applications already scheduled for July 18. He
said that if all of the items were heard on July 18, the meeting would be very lengthy.
Commissioner Cutuli reported that he might not be available on July 11, as he would
be returning from vacation at about that time.
COMMISSION CONCERNS
Commissioner Brown stated that he had received several inquiries regarding the
outdoor seating area at Cold Stone Ice Cream on Main Street and Ocean Avenue.
He noted that a public hearing had not been held to approve this. Mr. Whittenberg
responded that Staff had become aware of this today. He said that Cold Stone had
been approved to construct a block wall, however, the plans did not reflect the
counter that is now there. He stated that Staff would be contacting the owner to
inform him of the need to apply for a Conditional Use Permit (CUP). Commissioner
Brown noted that the owner had also added new patio door that open onto the block
wall and counter area. Mr. Whittenberg stated that Staff would also look into this.
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City of Seal Beach Planmng Commission
Meeting Minutes of June 20, 2001
Commissioner Brown stated that he had also received an inquiry regarding an
advertisement for O'Malley's containing a photograph of the outdoor patio, which
appears to have more tables than what was approved by the Planning Commission.
Mr. Whittenberg said that parking demand is based upon square footage and not on
the seating arrangements. He stated that he would have to review the file to
determine if there was a limitation on seating for the patio dining area.
Commissioner Sharp inquired about the loud music on Main Street on June 13. Mr.
Whittenberg reported that this was a Chamber of Commerce event called "Music on
Main Street," which is held 3-4 times during the summer months. He stated that
they had acquired a permit for this event.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:40 p.m.
Respectfully Submitted,
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Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on July 11, 2001 approved tt).e.. Minutes of the Planning
Commission Meeting of Wednesday, June 20, 2001. ~
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