HomeMy WebLinkAboutPC Min 2001-09-19
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for September 19, 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 September 19, 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 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 September 19, 2001
City of Seal Beach Planning Commission
Agenda for September 19, 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; 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 September 5, 2001
VI. SCHEDULED MATTERS
VII. PUBLIC HEARINGS
2. Variance 01-4
A-51 Surf side Avenue (Continued from August 22, 2001)
ApplicanVOwner:
Request:
Marshalllnlnns / Mr. & Mrs. Gary Goodwin
To build an exterior stairwell from the first to the second floor, which will
encroach into the side yard setback area. Specifically, the applicant is
proposing to build the stairwell and landing area right up to the property
line on what is generally referred to as the "zero" lot line on that side
yard.
Recommendation.
Approval, subject to conditions and adoption of Resolution 01-38.
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City of Seal Beach Planning Commission. Agenda of September 19, 2001
3. Conditional Use Permit 98-6 (Indefinite Extension)
12147 Seal Beach Blvd. (Yucatan Gnll)
Applicant/Owner:
Request:
Recommendation:
Charles Robinson for Yucatan Grill / Century National Properties
To indefinitely extend a previously approved land use entitlement for on-
sale beer and wine. Additionally, the applicant proposes to amend the
Conditional Use Permit to remove Condition #1(e) of CUP 97-1
(Amendment), which would have required the applicant to construct a
handicapped accessible bathroom, due to extenuating circumstances.
Approval, subject to conditions and adoption of Resolution 01-41.
4. Conditional Use Permit 01-11
Site Plan Review 01-2
Southeast corner of Lampson Avenue and Seal Beach Boulevard
Applicant/Owner:
Request:
Recommendation'
VIII STAFF CONCERNS
IX. COMMISSION CONCERNS
X ADJOURNMENT
Sunnse Development, Inc./ Bixby Ranch Co.
To bUild a three-story structure to house a 155-unlt facility (126-unit
assisted living facility, 29-unlt Alzheimer's care facility), parking lot,
landscaping, and other ancillary facilities
Approval, subject to conditions and adoption of Resolutions 01-39 and
01-40.
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City of Seal Beach Planning Commission' Agenda of September 19, 2001
Oct 03
Oct 17
Nay 07
Nay 21
Dee 05
Dee 19
TO BE SCHEDULED:
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Study Session:
Staff Report:
Study Session:
Study Session:
2001 Agenda Forecast
Conditional Use Permit 01-12 (Islands Restaurant)
Study Session: Seal Beach Boulevard
Permitted Uses and Development Standards in Commercial Zones (5/6/98)
Undergroundlng of Utilities
Retaining Walls
ADA Handicapped-Accessible Restrooms
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of September 19, 2001
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, September 19, 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 Cutuli, and Ladner
Also
Present:
Department of Development Services
Lee Whittenberg, Director
Quinn Barrow, City Attorney
Mac Cummins, Assistant Planner
Absent:
Commissioners Brown and Sharp, and Assistant City Attorney Terence
Boga.
Mr. Whittenberg noted that at the last meeting of the Planning Commission,
Commissioners Sharp and Ladner had stated that they would not be present at
tonight's meeting. He indicated that it would be appropriate to excuse
Commissioner Sharp. Mr. Whittenberg then reported that he had not heard from
Commissioner Brown and noted that he should be arriving momentarily.
AGENDA APPROVAL
MOTION by Cutuli; SECOND by Ladner to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Cutuli, Hood, and Ladner
None
Brown and Sharp
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning CommIssion
Meetmg Mmutes of September 19, 2001
Mr. Thomas O'Donnell stated that he was present to speak on the Yucatan Grill. Mr.
Whittenberg advised Mr. O'Donnell that he would have an opportunity to present his
comments during the public hearing portion of the meeting.
There being no one else wishing to speak, Chairperson Hood closed oral
communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of September 5,2001.
MOTION by Ladner; SECOND by Cutuli to approve the Meeting Minutes of
September 5,2001 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Cutuli, Hood, and Ladner
None
Brown and Sharp
SCHEDULED MATTERS
None.
Commissioner Brown arrives for the meeting.
PUBLIC HEARINGS
2. Variance 01-4
A-61 Surfside Avenue (Continued from August 22, 2001)
Applicant/Owner:
Request:
Marshalllninns / Mr. & Mrs. Gary Goodwin
To build an exterior stairwell from the first to the second
floor, which will encroach into the side yard setback area.
Specifically, the applicant is proposing to build the
stairwell and landing area right up to the property line on
what is generally referred to as the "zero" lot line on that
side yard.
Recommendation:
Approval, subject to conditions and adoption of
Resolution 01-38.
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CIty of Seal Beach Planning CommIssion
Meeting Mmutes of September 19,2001
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
stated that approval of this application had been continued pending receipt of
comments from the Surfside Board of Directors (SBD). He stated that the Board has
recommended approval and a copy of a letter from the SBD has been distributed to
the Commissioners. He said that Staff is still recommending approval of Variance
01-4.
Commissioner Questions
Commissioner Cutuli stated that since he was the one who had requested approval
from the SBD for this request, he has no objections and would move to approve.
MOTION by Cutuli; SECOND by Ladner to approve Variance 01-4 and adopt
Resolution 01-38 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Brown, Cutuli, Hood, and Ladner
None
Sharp
Mr. Barrow advised that the adoption of Resolution No. 01-38 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
3. Conditional Use Permit 98-6 (Indefinite Extension)
12147 Seal Beach Blvd. (Yucatan Grill)
Applicant/Owner: Charles Robinson for Yucatan Grill / Century National
Properties
Request: To indefinitely extend a previously approved land use
entitlement for on-sale beer and wine. Additionally, the
applicant proposes to amend the Conditional Use Permit
to remove Condition #1(e) of CUP 97-1 (Amendment),
which would have required the applicant to construct a
handicapped accessible bathroom, due to extenuating
circumstances.
Recommendation: Approval, subject to conditions and adoption of
Resolution 01-41.
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City of Seal Beach Plannmg CommissIon
Meeting Minutes of September 19, 2001
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
described the surrounding land uses as follows:
NORTH & SOUTH:
Retail commercial uses within the Rossmoor Business
Center in a C-2 Zone.
WEST:
A multi-family residential complex.
EAST:
Single family residences.
Mr. Cummins stated that Staff has not had any complaints and the Seal Beach
Police Department reports that they have had no extraordinary demand for law
enforcement. He noted that with regard to the indefinite extension of Conditional
Use Permit (CUP) 98-6 Staff is recommending approval. He explained that with
regard to removal of Condition No. 1 requiring a handicapped accessible restroom,
the owner of the property has reported that he would not be renewing any of the
leases for businesses currently in the center. Mr. Cummins stated that it is projected
that there are plans for redevelopment of the center, and as far as Staff is aware the
last lease will expire in approximately 2004. He noted that the applicant is
concerned that if he were to invest in constructing a handicapped restroom, there is
a strong probability that it will be torn down within three years; therefore, he is
requesting relief from this condition. Mr. Cummins stated that Staff believes the
request to be appropriate and is recommending approval. He indicated that Staff
has added a condition to Resolution 01-41, which states that should the lease be
renewed, construction of the handicapped restroom must then be completed.
Commissioner Questions
Commissioner Brown asked when the 681 square foot expansion of the restaurant
had been completed. Mr. Cummins reported that this had taken place in 1998. He
asked if this was when the Commission had included the requirement for a
handicapped restroom. Mr. Cummins stated that the applicant had been allowed
three years to construct the restroom.
Chairperson Hood indicated that the Planning Commission on July 9, 1997 had
approved the corresponding Resolution No. 97-15, reflecting that the applicant had
had more than three years and had not complied with this requirement.
Commissioner Brown interjected that he believed an extension on this CUP had
subsequently been approved. Mr. Cummins reported that Resolution No. 97-15 had
been signed approving an alcohol-related use, but Resolution 98-12 requiring the
handicapped restroom was signed in May of 1998. Commissioner Brown asked if
the restaurant was using the 681 square foot addition. Mr. Cummins stated that the
restaurant has been using this additional space. Commissioner Brown commented
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City of Seal Beach Planning Commission
Meetmg Mmutes of September 19,2001
that they were able to complete the expansion, which they have been using, but they
have not been able to construct a handicapped restroom. Mr. Cummins clarified that
the condition states that the restroom had to be completed within three years and
the deadline has just expired.
Public Hearinq
Chairperson Hood opened the public hearing.
Mr. Felix Tulay, owner of the Yucatan Grill, stated that the 681 square foot addition
was an open patio, which was not enclosed and for which they did not have to incur
great expense. He said that the patio cannot be used during the winter months and
it does not seat many people, so the restaurant is not making a lot of money off of it.
Mr. Tulay explained that he had acquired a bid of $25,000 for construction of the
restroom and that as a small business this expense is just not affordable, particularly
in light of the fact that the lease on the current property will not be renewed. He
indicated that he and his partner are hoping to acquire a lease on another larger
location within the Rossmoor Center once redevelopment of the center is complete.
Mr. Tulay stated that the Yucatan Grill has many loyal customers and he would like
to be able to stay at the Rossmoor Center, but if he has to invest in construction of a
handicapped restroom, he would rather do it at the new location.
Chairperson Hood noted that the applicant has had four years to construct this
restroom. Mr. Tulay indicated that they had begun acquiring bids to attempt to
construct the restroom this year, but after speaking to the owner about his plans for
non-renewal of leases, the applicant had decided to request that this condition be
removed.
Mr. Thomas O'Donnell stated that he is a resident of the Rossmoor Townhomes
directly behind the Yucatan Grill. He stated that, contrary to what Mr. Tulay has
indicated, the patio is used quite frequently even during the winter months and this
makes for a lot of disturbance from noise coming from the restaurant. Mr. O'Donnell
indicated that his major complaint is that the closer it gets to closing time, the louder
the noise becomes and it goes on well beyond the posted closing time. He stated
that he has had to call the Seal Beach Police Department (SBPD) at 2:30 a.m.
regarding loud noise from restaurant guests. He said that he had spoken with
Captain Schaefer of the SBPD and he indicated that he had forgotten that Mr.
O'Donnell had registered as many complaints as he had regarding noise from this
restaurant. He noted that Captain Schaefer had stated that he would run a report of
the calls made to SBPD regarding the Yucatan Grill. Mr. O'Donnell said that the
Staff Report indicates that the hours of operation are 10:00 a.m. to 11 :00 p.m. yet
the noise continues until much later into the evening and early morning, particularly
whenever there is a private party at the restaurant.
Mr. Tulay reported that the private party Mr. O'Donnell had referred to had been an
employee appreciation party. He said that it normally takes approximately 1 ~ hours
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CIty of Seal Beach Planning CommissIon
Meeting Minutes of September 19, 2001
to clean up after closing. He apologized to Mr. O'Donnell for the problem with noise.
He stated that he would supervise after hours clean up to ensure that there are no
further problems with noise.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Commissioner Brown stated that when the patio was originally approved, the
applicant had been allowed three years to provide a handicapped accessible
restroom because of the expense. He said the he did not believe that the
requirement would be met even with another three-year extension. He asked the
City Attorney whether this would be considered "reasonable accommodation" and in
compliance with the American With Disabilities Act (ADA). Mr. Barrow stated that
from the City's perspective, this is not a public, city-owned property, and whether the
Planning Commission approves this extension or not, it does not impose a liability
upon the City. He said that because there is no additional construction taking place,
this matter would not be referred to the Orange County Health Department. Mr.
Whittenberg interjected that under ADA there are provisions that do allow for non-
compliance if the cost becomes prohibitive. Commissioner Brown stated that he
would not expect that the applicant go to the expense of constructing this restroom if
the lease were to expire in a year. He does not, however, feel that the Planning
Commission should give the applicant "carte blanche" and approve another three-
year extension, as in all likelihood the same issue would have to be revisited. He
said that he would be willing to approve a one-year extension and noted that the
applicant has had a long time to comply. He said that this was exactly why the
Planning Commission had approved a three-year extension, to allow the applicant to
complete the expansion with the patio and to have time to also be able to afford
construction of the restroom.
Commissioners Cutuli and Ladner indicated that they were in agreement with
Commissioner Brown's proposal.
Mr. Whittenberg asked for clarification as to the intent of the extension. He asked if
the extension was to allow the Commission to revisit the status of the redevelopment
of the Rossmoor Center a year from now to determine whether construction of the
restroom would still be required, or to provide a deadline for completion of the
restroom.
Commissioner Brown indicated that in a year the PJanning Commission would revisit
this issue to determine whether to withdraw Condition No. 1 (e), and once the
Commission has determined what the owner of the Rossmoor Center has decided,
then a time limit could be placed on compliance with the requirement for the
restroom.
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City of Seal Beach Plannmg Commission
Meeting Minutes of September 19, 2001
Chairperson Hood stated that in 1997 the Yucatan Grill was granted permission to
expand the patio with the requirement that a handicapped restroom be constructed.
Mr. Whittenberg stated that the 1998 approval included the requirement for the
restroom, with the three years beginning with the date the Certificate of Occupancy
for the patio was issued. Commissioner Ladner interjected that Resolution 97-15
does refer to the provision of a handicapped restroom. Mr. Cummins confirmed that
Commissioner Ladner was correct on this. Chairperson Hood stated that the
Planning Commission could continue to allow the applicant to put off constructing
this restroom while receiving approval to construct other additions to the restaurant.
He said that he believed the applicant was simply attempting to circumventing this
requirement.
Commissioner Brown asked that the wording of Resolution 01-41 be revised to
indicate approval of a one-year extension with a deadline for compliance with the
requirement for the handicapped restroom. Mr. Barrow provided the text for the
revisions to Resolution 04-41 extending the deadline to October 1, 2002. He
explained that based upon the status of the Rossmoor Center redevelopment at that
time, the Commission would conduct a public hearing to determine whether to
continue to require the restroom, modify this condition, or withdraw the condition. He
indicated that the Planning Commission could also have discretion as to whether or
not to close down the patio. Chairperson Hood asked if the City could recommend
to Alcohol Beverage Control to withdraw the liquor license. Mr. Barrow stated that
unless this condition is tied in with Resolution 97-15, the Planning Commission could
not recommend withdrawal of the license. Mr. Barrow informed the applicant that
the burden for compliance and for providing evidence of compliance would be upon
the Yucatan Grill.
MOTION by Brown; SECOND by Ladner to approve a one-year extension of
Conditional Use Permit 98-6 and direct Staff to return at the October 3 Planning
Commission meeting with an amended Resolution 01-41.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Brown, Cutuli, Hood, and Ladner
None
Sharp
4. Conditional Use Permit 01-11
Site Plan Review 01-2
Southeast corner of Lampson Avenue and Seal Beach Boulevard
Applicant/Owner:
Request:
Sunrise Development, Inc.l Bixby Ranch Co.
To build a three-story structure to house a 155-unit
facility (126-unit assisted living facility, 29-unit
Alzheimer's care facility), parking lot, landscaping, and
other ancillary facilities.
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CIty of Seal Beach Plannmg CommIssIon
Meeting Mmutes of September 19, 2001
Recommendation: Approval, subject to conditions and adoption of
Resolutions 01-39 and 01-40.
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
described the surrounding land uses as follows:
NORTH:
Bixby Old Ranch Golf Course in a Recreation-Golf (R-G)
Zone.
SOUTH:
1-405 Freeway with the Seal Beach Weapons Support
Facility located south of the Freeway in the Public Land Use/
Recreation (PLU/R) Zone.
EAST:
Bixby Old Ranch Tennis Club, currently in the Public Land
Use/Recreation (PLU/R) Zone.
WEST:
Retail and a hotel in a General Commercial (C-2) Zone.
Mr. Cummins referred to the development plans provided by Sunrise Development
and explained that the two structures are to be set back approximately 110 feet from
Lampson Avenue with a landscape buffer between the street and the first row of
parking. He stated that there would be a circular driveway with the main entrance to
the structure in Building B. He noted that the third floor of Building A would house
56 assisted care units and 29 Alzheimer's care units. He also reported that Building
B would house 70 assisted care units. The Assistant Planner then continued by
further describing the layout and noting that the total building footprint of the facility
would be 46,034 square feet (25% of the total site coverage) with the parking
footprint measuring 71, 181 square feet (39% of the site) and the landscaping
footprint measuring 65,896 square feet (36% coverage). He stated that the main
entrance would consist of a two-lane, 60-foot wide common driveway, which will also
service the retail and hotel components. He then reported that another 30-foot
entrance and exit driveway would be constructed off of Lampson Avenue to the east.
He indicated that the plan proposes to provide 115 parking spaces, which exceeds
Code requirements of 73 parking spaces (1 parking space for every 3 beds). Mr.
Cummins stated that this project had been evaluated .in the Bixby Old Ranch Town
Center Environmental Impact Report (Bixby EIR) and a number of mitigation
measures were imposed at that time. He notes that these mitigation measures are
listed in the Staff Report. The Assistant Planner then reported on one of the
mitigation measures regarding carbon monoxide concentrations for an 8-hour period
at the intersection of Seal Beach Boulevard and Old Ranch Parkway. He stated that
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City of Seal Beach Planning CommIssIon
Meeting Minutes of September 19, 2001
it was determined that these concentrations may exceed the State limit of 9 parts per
million. He noted that currently this project has been determined to generate 9.2
parts per million. He indicated that Staff recommends that the Planning Commission
impose a condition that an independent third party be selected by the City to conduct
a carbon monoxide study and determine which mitigation measures would be most
appropriate. Mr. Cummins then reported that an independent Noise Study was
completed that indicates exterior noise levels of approximately 85 CNELs from the
freeway side and 70 CNELs from the Lampson Avenue side. He said that Staff is
recommending specific mitigation measures to help bring these noise levels down to
an appropriate level as follows:
1. That a 22-foot high sound wall be constructed along the southeastern edge of
the property nearest the freeway.
2. A 4-foot barrier in the form of a landscaped berm be provided along Lampson
Avenue to reduce noise on the first floor of the facility.
3. Sound barriers to be constructed on balconies to reduce noise impacts to the
interior of the building. Staff recommends using a clear material for these
barriers.
Mr. Cummins stated that Staff recommends approval of Conditional Use Permit
01-11 and Site Plan Review 01-2 subject to conditions. He noted that the proposed
land use is in conformance with the Land Use Element and is consistent with the
General Plan. He stated that the style, height, and bulk of the proposed structure
are consistent with the surrounding commercial uses, and the proposed use is
compatible with the surrounding uses.
Commissioner Questions
Commissioner Brown asked if Mr. Cummins had highlighted how this project was
different from the previously approved Marriott project. Mr. Cummins stated that he
had not. Mr. Whittenberg interjected that the basic difference was that the Marriott
project consisted of 162 units and this project consists of 155 units. He also noted
that the Marriott project proposed 45 units for Alzheimer's care and also had
proposed a skilled nursing facility, which the Sunrise facility will not include.
Commissioner Brown asked if there were any difference in the size of the proposed
structures. Mr. Whittenberg stated the buildings would be the same size, however,
the Marriott had proposed two-story buildings and Sunrise is proposing three-stories.
Chairperson Hood asked if the discussion of noise levels takes into consideration
the CalTrans proposed elevated High Occupancy Vehicle (HOV) lanes. Mr.
Whittenberg stated that Staff had received the Preliminary Engineering Drawings for
the 22 Freeway project, which show where the elevated HOV lanes are to be
located, and they do not show any of the elevated HOV lanes to be in this area.
Chairperson Hood noted that according to the consultant's report on noise levels it
appears that the noise level on the third story unenclosed balconies cannot be
mitigated below 65 CNELs without some type of enclosure. Mr. Whittenberg stated
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that this was correct. Chairperson Hood stated that these should not then be
advertised as open balconies as they would be enclosed. Chairperson Hood
referenced Mitigation Measure J-4 (MMJ-4) of the Staff Report and commented that
he was interested to know how the previous City Manager had said, contrary to the
condition approved in the EIR stating that advertising must reveal any problems with
noise, that the developer did not have to include this information in their national
advertising. He wondered how the City Manager could modify what City Council had
already approved in the EIR. Mr. Barrow responded that MMJ-4 states that the
"Ianguage shall be approved by the Director of Development Services and shall be
formalized in written Covenants, Conditions, and Restrictions (CC&R's)." He stated
that when City Council approved the EIR they delegated the authority on the
language to the Director of Development Services, and in this case the City Manager
exercised his authority to approve the language. He said that the issues before the
Planning Commission tonight are whether the draft language complies with MMJ-4
and what type of advertising should include this language. Chairperson Hood stated
that he believes these disclosures should be made in the advertising for the
assisting living facility as opposed to providing the information at the time of
application for a unit. He said that this can be a very stressful time and the
prospective resident and his or her family may not take careful note of these caveats
regarding projected noise levels. He stated that he believes that this amounts to
taking advantage of people at a time of great stress. Mr. Whittenberg referred to the
text under MMJ-4 that reads: "The agreement shall also provide that prior to the
close of escrow with initial buyers, the written disclosure must be acknowledged and
signed by all initial buyers, their signature notarized..." He noted that before being
notarized, the Notary Public must indicate to the signer what the document he or she
is signing is all about. Chairperson Hood stated that he still feels that this is a way of
taking advantage of the elderly. He indicated that something should be done to
provide more clarification to the prospective residents on this issue.
Public Hearing
Chairperson Hood opened the public hearing.
Mr. Wayne Sant reported that Sunrise Development has been involved with
providing assisted living services for seniors for approximately 20 years. He said
that all of the Sunrise facilities are operated and managed by Sunrise Management.
He described the services provided within a senior assisted living facility and noted
that the average age of residents is usually between 80-85 years of age, and 70%
are women. He stated that he was familiar with the Marriott project as he had
assisted with some of the planning and Sunrise has done its best to conform its
project to the original development plan. He noted that one difference between the
two projects is the architectural appearance, with Sunrise using more of a California
Craftsman appearance as opposed to the Mediterranean style proposed by Marriott.
He reported that the facility is to be constructed in one phase and will be fully
licensed as a residential care facility. Mr. Sant then introduced the architect, Mr.
Wolfgang Hack, who described the proposed design for this project.
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Commissioner Cutuli stated that the building appears to be rather plain and he feels
that a better design could be provided. Mr. Hack stated that the diagrams of the
exterior elevations do not do the job of conveying details of the actual finished
design. He noted that the finished facility would be very similar to the Sunrise facility
in Tustin and reported that his architectural firm had recently won the Golden Nugget
award for the design of the Claremont facility. Mr. Hack said that once completed he
would be happy to provide copies of the design drawings of the finished project, in
which more detail would be included.
Mr. Sant returned to state that Sunrise has attempted to incorporate a number of
noise mitigation measures into the project. He said that initially they had wanted to
build without having the 22-foot high sound wall, but were able to adequately
incorporate it into the design. He stated that they were open to suggestions for any
changes to the design. With regard to the third floor balconies, Mr. Sant said that
they will probably be marketed as sun rooms rather than balconies. He stated that
the noise disclosures would be handled in the most open and ethical manner
possible. He noted that for national marketing purposes it would not be practical to
list noise disclosures for any individual facility, but rather should be handled on an
individual basis based upon the situation at a particular facility. Once again, Mr.
Sant emphasized that Sunrise would be happy to work with the City to come up with
a solution that would be satisfactory to all concerned.
Mr. Sant then inquired about the application for a Height Variation (HV) submitted for
approval of the projections above 35 feet. He said that Sunrise had applied and paid
the fees for a HV, but noted that this did no appear on tonight's agenda. Mr.
Whittenberg stated that the applications must have gotten separated somehow, but
Staff would re-notice for a future public hearing on the HV.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Chairperson Hood polled the Commissioners to determine whether they wished to
continue this public hearing until the HV could be reviewed or if they chose to
approve the CUP and Site Plan Review tonight and hear the HV at a later date.
Commissioner Brown stated that he would rather approve the items heard tonight
and the HV could be heard at a later time. He said he had no real concerns about
the architectural style, but encouraged the architect to attempt to make the design as
appealing as possible. He asked how big the sound wall was in College Park East.
Mr. Whittenberg stated that he believed the wall is between 14 and 16 feet high.
Commissioner Brown asked if the proposed soundwall will curve around. Mr.
Whittenberg confirmed that the sound goes along the freeway then curves around
the west side of the property. Commissioner Brown asked what was located on the
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other side of the wall, near the tennis club. Mr. Whittenberg reported that this would
be an open greenbelt area, which had been dedicated to the City. Commissioner
Brown asked if there would be a sound wall on the greenbelt. Mr. Whittenberg
stated that there would not be. Commissioner Brown asked if the tennis club would
have a sound wall. Mr. Whittenberg said that currently there is a wall at the east end
of the tennis club that goes 50-60 feet toward the west. Commissioner Brown asked
if this proposed sound wall had been included in the previously approved site plan
for the Marriott project. Mr. Whittenberg indicated that it had been included.
Commissioner Brown stated that it appears that when you curve a sound wall, you
may be creating an environment that might concentrate sound creating more noise.
Mr. Whittenberg noted that by placing some type of plant material on the wall this
helps to stop that deflection of sound. Commissioner Brown stated that he believed
that by continuing the soundwall out to the greenbelt area rather than curving it
around, this might serve as a better means of mitigating noise. Mr. Whittenberg
stated that it was also necessary to try to mitigate the traffic noise coming from
Lampson Avenue, and this is why the wall curves around. He stated that in order to
receive a building permit Sunrise would have to pay to have the City hire another
acoustic consultant to review this design to determine if it will be effective. He said
that if the City consultant does not approve the design, Sunrise would have to modify
the wall to conform to the consultant's recommendations.
Commissioner Cutuli stated that the plan as presented does not include the
aesthetic features as presented under MM M-1. He explained that the design and
landscape of the facility will not only affect the residents but also the surrounding
neighbors and should be made as aesthetically pleasing as possible. He said that
he would like to see more detail put in to make the buildings more attractive. He
commented that he believes this is a great project and is something that the City of
Seal Beach needs.
Commissioner Brown stated that because this project has essentially previously
been reviewed and voted on, he would like to make a motion to approve.
Chairperson Hood stated that he agreed with Commissioner Cutuli, that Seal Beach
does need a senior assisted living facility. He said that he still wants to guarantee
that a civil servant cannot alter an EIR stipulation that has been previously voted on
and approved by City Council. He said that the earlier action by the previous City
Manager was not appropriate, particularly with regard to MMJ-4, and he would like to
ensure that this cannot happen again in the future. Mr. Whittenberg stated that as
Mr. Barrow had explained, the language that needed to be approved to comply with
this condition had been delegated to the Director of Development Services. He said
that he did not recall whether the issue was brought before the .City Council again for
some sort of concurrence. He explained that the Planning Commission has the
authority to approve it in whatever form they feel to be most appropriate.
Chairperson Hood stated that he had no problem with the Director of Development
Services approving the language, but his concern is that this language appear in any
of the advertising for the senior care facility.
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Commissioner Brown stated that he was not clear on Chairperson Hood's concerns.
He queried that if Chairperson Hood expected that Sunrise provide full disclosure on
noise to prospective residents, and Sunrise had stated that it would not be practical
to include noise disclosures on their national advertising, how was Chairperson
Hood proposing that this be handled. Chairperson Hood referred to MMJ-4 that
states that "each advertisement, solicitation and sales brochure or other literature
regarding noise sensitive land uses shall contain the approved notification
language." Commissioner Brown stated that he believed that this language applies
only to the advertisements for this Sunrise property and not for their other facilities
nationwide. Chairperson Hood said that this is the language that the EIR uses and
this is what City Council has approved and he does not believe that this should be
changed. Commissioner Brown stated that as reasonable people he sees this as a
very small technical issue that Planning Commission does not need to be concerned
with. He said that he feels it is perfectly reasonable to not expect that Sunrise
include this issue in their national advertising as he believes that any of the Sunrise
properties can have a specific land use issue that is relevant to that property only.
He continued by stating that he is satisfied by the language that states that full
disclosure must be included with the rental packet with a notarized signature
required. Chairperson Hood commented that for the record he believed in full
disclosure even though Commissioner Brown did not. Commissioner Brown
countered that he had not stated that he did not believe in full disclosure. He stated
that for the record what he had said is that he feels that the disclosure that was
provided was in excess of those required in MM J-4.
MOTION by Brown; SECOND by Ladner to approve Conditional Use Permit 01-11
and Site Plan Review 01-2 and adopt Resolution 01-39.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-1-1
Brown, Hood, and Ladner
Cutuli
Sharp
Mr. Whittenberg advised that the adoption of Resolution No. 00-39 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
Mr. Barrow stated that if a Height Variation (HV) were required, this application
would be heard at a later date, after it is properly noticed. He indicated that approval
of Site Plan Review 01-2 does not approve any other Height Variations or Variances.
STAFF CONCERNS
Mr. Whittenberg reported for residents of College Park East that CalTrans has
prepared and is circulating a Draft Environmental Impact Report (DEIR) to construct
High Occupancy Vehicle (HOV) lanes along the 22 Freeway and to put in HOV
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connector ramps at the freeway interchanges for the 22, 405, and 605 Freeways.
He stated that this project as proposed by CalTrans would require the acquisition of
6 homes within College Park East. He said that this issue was discussed at the
September 10, 2001 City Council meeting as well as at a Community Meeting held
on Tuesday, September 18, 2001. He reported that CalTrans will hold public
hearings on September 26, 2001 and October 3, 2001 to receive public input as to
the adequacy of the DEIR. He stated that the City has provided a number of
information items and the City of Seal Beach website provides a direct link to the
CalTrans website where the DEIR can also be downloaded. He also reported that
City Council has retained a consultant to review the DEIR and assist Staff with
preparation of a response letter from the City. He stated that the comment period
ends on October 30, 2001. He said that if the public had any questions they could
contact City Hall and speak to the Director of Development Services or to the City
Manager.
Commissioner Brown asked if the CalTrans website provides any drawings of the
proposed project. He stated that he had logged onto the website and found most of
the information to be incomprehensible. Mr. Whittenberg stated that this was also
an issue with regard to the DEIR, which does not provide sufficient detail as to the
dimensions of the HOV ramp structures and on where they begin and end. He
added that this was another reason for retaining the consultant to assist in clarifying
some of these issues.
COMMISSION CONCERNS
Commissioner Brown stated that he had reported Commissioner Sharp's request to
the Councilperson for District 1, regarding the appeal of the Planning Commission
decision to deny Conditional Use Permit 01-10 for Bella Forma Fitness Studio. Mr.
Whittenberg reported that the appeal has been filed and is scheduled for review
before City Council on October 8, 2001.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:50 p.m.
Respectfully Submitted,
o ~,,~~ /
Carmen Alvarez, Executive SecrE!f8ry
Planning Department
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APPROVAL
The Commission on October 3, 2001, approved the Minutes of the Planning
Commission Meeting of Wednesday, September 19, 2001. ~ .
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