HomeMy WebLinkAboutPC Min 2001-10-03
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for October 3,2001
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 October 3, 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 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.
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City of Seal Beach Planning Commission. Agenda of October 3, 2001
City of Seal Beach Planning Commission
Agenda for October 3, 2001
7:30 p.m.
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.
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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 19, 2001.
VI SCHEDULED MATTERS
2. Resolution Number 01-41, A Resolution Of The Planning Commission Of The City Of Seal
Beach Extending Cup No. 98-6 In Connection With An Expansion Of An Existing Restaurant At
12147 Seal Beach Boulevard, Seal Beach, And Modifying A Condition Of Approval ReqUIring
The Provision Of A Handicapped Accessible Bathroom
VII. PUBLIC HEARINGS
3. Conditional Use Permit 01-13
12430 Seal Beach Blvd. (Starbuck's)
ApplicanVOwner:
Request.
Tom Lao, TI Planning / Kitchell Development
To operate a coffee house with outdoor seating. Specifically, the land
use as a coffee house is permitted by right and the outdoor seating
requires a CUP.
Recommendation:
Approval, subject to conditions and adoption of Resolution 01-43.
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City of Seal Beach Planning Commission. Agenda of October 3, 2001
4. SIte Plan Review 01-3
Conditional Use Permit 01-12
Easterly side of Seal Beach Blvd and St. Cloud (Islands)
AppllcanVOwner'
Request:
Recommendation:
VIII STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
Urban Solutions, Inc. / Bixby Ranch Company
To approve a Site Plan Review and Conditional Use Permit for a
proposed 5,155 square foot Islands restaurant. The Site Plan Review is
required as a condition of a development agreement between the City
and property owner. The Conditional Use Permit is requested to permit
the on-premise sale and consumption of alcoholic beverages.
Approval, subject to conditions and adoption of Resolution Nos. 01-42
and 01-44.
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Oct 17
Nav 07
Nav 21
Dee 05
Dee 19
TO BE SCHEDULED:
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Study Session:
Staff Report:
Study Session:
Study Session:
City of Seal Beach Planning Commission. Agenda of October 3, 2001
2001 Aaenda Forecast
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 October 3, 2001
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, October 3, 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, and Sharp
Also
Present:
Department of Development Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Assistant Planner
Absent:
Commissioner Ladner
The Director of Development Services noted that Commissioner Ladner had
reported that he would not be present at tonight's meeting and should be excused.
MOTION by Sharp; SECOND by Brown to excuse Commissioner Ladner from
tonight's meeting.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Brown, Cutuli, Hood, and Sharp
None
Ladner
AGENDA APPROVAL
MOTION by Cutuli; SECOND by Brown to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Brown, Cutuli, Hood, and Sharp
None'
Ladner
1 These Minutes were transcribed from audIotape of the meeting.
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City of Seal Beach Planning Commission
Meetmg Minutes of October 3, 2001
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
There being ono one wishing to speak, Chairperson Heod closed oral
communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of September 19, 2001.
Commissioner Sharp stated that he would abstain from voting on this item, as he
was not present at the meeting of September 19, 2001.
MOTION by Cutuli; SECOND by Hood to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Brown, Cutuli, and Hood
None
Ladner
Sharp
SCHEDULED MATTERS
2. Resolution Number 01-41, A Resolution Of The Planning Commission Of The
City Of Seal Beach Extending Cup No. 98-6 In Connection With An Expansion
Of An Existing Restaurant At 12147 Seal Beach Boulevard, Seal Beach, And
Modifying A Condition Of Approval Requiring The Provision Of A Handicapped
Accessible Bathroom.
Commissioner Sharp asked if he could vote on this item as he had viewed the
videotape of the Planning Commission meeting of September 19, 2001. Mr. Boga
stated that Commissioner Sharp could vote on this item.
MOTION by Brown; SECOND by Cutuli to adopt Resolution 01-41 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Brown, Cutuli, Hood, and Sharp
None
Ladner
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City of Seal Beach Plannmg Commission
Meeting Minutes of October 3, 2001
Mr. Boga advised that the adoption of Resolution No. 01-41 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
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PUBLIC HEARINGS
3. Conditional Use Permit 01-13
12430 Seal Beach Blvd. (Starbuck's)
Applicant/Owner:
Request:
Tom Lao, TI Planning / Kitchell Development
To operate a coffeehouse with outdoor seating.
Specifically, the land use as a coffeehouse is permitted
by right and the outdoor seating requires a CUP.
Recommendation: Approval, subject to conditions and adoption of
Resolution 01-43.
Staff Report
Mr. Whittenberg 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 the outdoor seating would allow for a maximum of 10 people. He
reported that because this coffeehouse is located in the Bixby Old Ranch Towne
Center, the required parking for the center already includes parking for all of the
restaurants in the center that are currently permitted or under plan check review. He
noted that the parking needed is significantly less that what was contemplated in the
EIR for this project. Mr. Whittenberg explained that the project allows for 20% of the
total leasable building area (approximately 57,000 sq. ft.) to be used for restaurant
uses. He stated that this use plus all of the other uses currently in process total
approximately 16,800 sq. ft. He noted that if the entire center were to be developed
to the maximum with restaurant uses, there would still be 230 parking spaces more
than what the City requires. He stated that the outdoor seating area is blocked from
any residential exposures by the other surrounding buildings. He then provided a
description of the coffeehouse seating area using a visual presentation of
photographs of the site. Mr. Whittenberg then stated that Staff recommends
approval of Conditional Use Permit 01-13 subject to conditions.
Commissioner Questions
Commissioner Brown asked if this was to be classified as a restaurant. Mr.
Whittenberg confirmed that this was correct. Commissioner Brown asked why it was
not being classified as a coffeehouse. Mr. Whittenberg stated that the parking
requirements were the same as for a restaurant. Commissioner Brown asked if the
City had a walk-in/take-out designation for coffeehouses. Mr. Whittenberg reported
that this designation was only for coffeehouses along Main Street.
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City of Seal Beach Planning CommIssion
Meetmg Minutes of October 3, 2001
Public Hearinq
Chairperson Hood opened the public hearing.
There being no one wishing to speak, Chairperson Hood closed the plSblic hearing.
Commissioner Comments
MOTION by Brown; SECOND by Sharp to approve Conditional Use Permit 01-13
and adopt Resolution 01-43 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Brown, Cutuli, Hood, and Sharp
None
Ladner
Mr. Boga advised that the adoption of Resolution No. 01-43 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
4. Site Plan Review 01-3
Conditional Use Permit 01-12
Easterly side of Seal Beach Blvd. and St. Cloud (Islands)
Applicant/Owner:
Request:
Urban Solutions, Inc. / Bixby Ranch Company
To approve a Site Plan Review and Conditional Use
Permit fQr a proposed 5,155 square foot Islands
restaurant. The Site Plan Review is required as a
condition of a development agreement between the City
and property owner. The Conditional Use Permit is
requested to permit the on-premise sale and
consumption of alcoholic beverages.
Recommendation:
Approval, subject to conditions and adoption of
Resolution Nos. 01-42 and 01-44.
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in
the Planr.ting Department.) He provided some background. information on this item
and noted that the reason this Site Plan Review (SPR) is necessary is because in
1989 when the overall development plan for the Bixby Old Ranch Town Center was
approved and again in 1999, the configuration for this building was different than it is
now. He explained that a Conditional Use Permit (CUP) is required for the
requested ability to serve alcoholic beverages in conjunction with the restaurant use.
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CIty of Seal Beach Planning CommIssIon
Meetmg Mmutes of October 3, 2001
He described the location of the restaurant within the shopping center and noted that
this would be a freestanding facility. He referenced the Staff Report for a detailed
description of the location, lot coverage, seating area, and general design of the
restaurant. He then presented diagrams and photographs of the general design for
Islands restaurants. He described the surrouneling residential areas as follows:
500 Feet to the South:
Residential housing across Seal Beach Boulevard in the
Rossmoor area.
500 Feet to the North:
Residential housing in the Centex Homes development.
He stated that this restaurant use falls within the criteria established in the EIR and
complies with the parking requirements. He described the hours of operation as
follows:
11 :00 a.m. - 12:00 a.m. Sunday through Thursday
11 :00 a.m. - 1 :00 a.m. Friday and Saturday
Mr. Whittenberg stated that Staff is recommending one modification to the plan as
presented, and that is that a minimum 2-foot wide landscaped buffer area be used to
separate the pedestrian walkway from the entrance driveway area immediately
adjacent. Staff recommends approval subject to conditions of SPR 01-3 and CUP
01-12.
Commissioner Questions
Commissioner Sharp asked if this particular area was in Chairperson Hood's district
(District 4). Mr. Whittenberg confirmed that it was. Commissioner Sharp asked what
area of District 4 and been assigned to District 2 (Commissioner Sharp's district).
Mr. Whittenberg stated that he could not recall.
Chairperson Hood asked about the 32-foot landscaped setback area separating the
center from Seal Beach Boulevard (SBB). Mr. Whittenberg explained that the initial
approval for the landscaped greenbelt area was 40 feet, but further north at the jog
in SBB the greenbelt area decreases to 20 feet and the City has also cut into this
area to widen the street.
Public Hearinq
Chairperson Hood opened the public hearing.
Ms. Nancy Patterson of Urban Solutions thanked Staff for doing such a terrific job on
the Staff Report and the Conditions of Approval. She said that they were in
agreement with all of the conditions and she would be available to respond to
questions from the Commissioners.
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City of Seal Beach Planning Commission
Meeting Minutes of October 3, 2001
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Concerns
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Chairperson Hood referred to Paragraph 3 on Page 3 of the Staff Report and
questioned the reference to the 32-foot setback for the restaurant. Mr. Whittenberg
clarified that this 32-foot measurement actually describes the distance from the
property line at the greenbelt area to the restaurant building face and then there is
an additional 12 feet to the curb line.
MOTION by Cutuli; SECOND by Brown to approve Site Plan Review 01-3 and
Conditional Use Permit 01-12 and adopt Resolution Nos. 01-42 and 01-44 as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Brown, Cutuli, Hood, and Sharp
None
Ladner
Mr. Boga advised that the adoption of Resolution Nos. 01-42 and 01-44 begins a
10-day calendar appeal period to the City Council. The Commissioner action tonight
is final and the appeal period begins tomorrow morning.
STAFF CONCERNS
Mr. Whittenberg reported that an appeal was filed by Councilperson Boyd on the
application for Conditional Use Permit 01-10 for Bella Forma Fitness Studio and will
be heard at the City Council meeting of October 8,2001.
He also noted that the comment period on the Draft Environmental Impact Report
(DEIR) for the 22 Freeway closes October 30, 2001. He stated that the
Environmental Quality Control Board (EQCB) would be reviewing the comment letter
on October 18, 2001 and the letter will go before City Council on October 22, 2001.
He said that because of the short turnaround time, if City Council is not able to
review the letter on October 22, they may have to adjourn on Monday, October 29,
2001 to do this.
COMMISSION CONCERNS
Commissioner Brown asked the Director of Development Services to comment on
the construction activity going on along the beach. Mr. Whittenberg explained that
the construction crew is doing a backpass of sand from West Beach to East Beach,
which will be used to widen the beach profile and to build the berm for the winter
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CIty of Seal Beach Planning CommIssIon
Meetmg Minutes of October 3, 2001
season. He said this happens regularly as a result of the natural action of the waves
shifting the sand from east to west.
Commissioner Sharp asked whether all of the proposed construction of the 22
cFreeway is to take place on the north side of tlR:! freeway only. Mr. Whittenberg
stated that there would also be construction on the south side of the freeway,
however, no acquisition of residential properties along the south side will be
necessary. He said there is potential for acquisition of approximately 5-6 feet next to
the City water reservoir where Seal Beach Boulevard crosses the 405 Freeway. He
stated that this creates a concern for the City, as the reservoir is currently only 10
feet from the property line. Commissioner Sharp asked if the taking of the property
near the reservoir has anything to do with the 22/405 Freeway interchange or with
the widening of the Seal Beach Boulevard bridge freeway overcrossing as a part of
the Bixby Project. Mr. Whittenberg stated that this had nothing to do with the
widening of the bridge for the Bixby Project, but is related to creating the car pool
lanes along the 22 Freeway. Commissioner Sharp noted that he had heard
comments form Leisure World residents concerned about glare from headlights due
to the elevation of the freeway at that location. He said that he did not believe this
would be a problem as this elevation of the freeway would be far enough away from
Leisure World to prevent this. Mr. Whittenberg cautioned Commissioner Sharp
about making a definite statement at this time. He said that the issue for Leisure
World might not be headlights from the 22/405 interchange, but from the 605/405
Freeway overpass as it transitions to the southbound 405. He stated that it will be
approximately 70 feet high and will run in a north/south direction and might create
some intrusion from vehicle headlights.
Commissioner Cutuli asked about the commencement of construction on the
Hellman Ranch property. He noted that there appear to be mounds of dirt and other
materials on the property. Mr. Whittenberg explained that the material that is there
is from a staging area used by the City contractor while completing the resurfacing
and pavement work along Seal Beach Boulevard between Electric Avenue and
Pacific Coast Highway. He stated that the second phase of the archaeological
fieldwork has been completed and the City is awaiting submittal of the report on the
findings, which will then be submitted to the Coastal Commission for approval of the
Coastal Development Permit.
Commissioner Cutuli asked if any development was to be done on the First Street
Department of Water and Power (DWP) property. Mr. Whittenberg stated that offers
for development are due by 5:00 p.m. on Friday, October 5, 2001. These offers are
to be evaluated by DWP.
Commissioner Sharp noted that the sales office for Centex Homes had been
removed. He asked if all of the homes had been sold. Mr. Whittenberg reported
that the sales office has been relocated inside one of the model homes. He said that
Centex does have building permits for all 75 homes, but he is not certain that they
have all sold.
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City of Seal Beach Planmng Commission
Meetmg Minutes of October 3, 2001
Chairperson Hood asked how long the temporary golf cart tent would be in use. Mr.
Whittenberg stated that the tent would remain in use until construction of the cart
storage area is complete.
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Regarding the DEIR for the 22 Freeway project, Chairperson Hood asked if in any of
the alternatives presented, CalTrans had proposed the acquisition of government
land rather than residences. He asked if they had considered going towards the
South rather than the North. Mr. Whittenberg stated that they are going to the
South, but it does not appear that it is Navy property. He noted that prior to the
construction of the 22 Freeway, Garden Grove Boulevard ran all the way to at least
Seal Beach Boulevard. He said that there appears to be a remnant of this old road
right-of-way, between the freeway right-of-way and the Naval Weapons Station right-
of-way. He noted that currently this remnant has a lot of utilities for water and gas
lines. He said that CalTrans is attempting to acquire this right-of-way for the
freeway, which would require acquiring a utility easement on the Naval Weapons
Station property and relocating the utility lines. Chairperson Hood repeated his
original question. Mr. Whittenberg stated that CalTrans has not considered this
option. He noted that in the comment letter the City would be proposing a number of
alternatives to do this. Chairperson Hood expressed his concerns regarding
comments made by representatives of CalTrans at the community information
meeting regarding how difficult it is to acquire government land as opposed to
private land, and the fact that they do not conduct public hearings due to the
potential for a high volume of comments from the public. Mr. Whittenberg again
stated that the comments and concerns expressed at the Community Information
meeting would be addressed in the comment letter to be prepared by the City.
Commissioner Sharp asked the Director of Development Services about his
comment regarding the "basement" at the Bixby Old Ranch Golf Course. Mr.
Whittenberg explained that the grading in that area from the front of the country club
to the parking lot area slopes downward allowing for a lower level within the building,
but it is not really a basement as it is still above the grade surface.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:10 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secreta
Planning Department
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