HomeMy WebLinkAboutPC Min 2002-08-21
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for August 21, 2002
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - David Hood
District 5 - Phil Ladner
Deoartment of Develooment Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Associate 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 August 21, 2002
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 August 21, 2002
City of Seal Beach Planning Commission
Agenda for August 21, 2002
7:30 p.m.
I.
PLEDGE OF ALLEGIANCE
II.
III.
ROLL CALL
AGENDA APPROVAL
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or public to
request an item is removed from the Consent Calendar for separate action.
IV. ORAL COMMUNICATIONS
At this time, members of the public may address the Planning Commission regarding any items
within the subject matter jurisdiction of the Planning Commission, provided that the Planning
Commission may undertake no action or discussion unless otherwise authorized by law.
V.
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 August 7, 2002.
2. RECEIVE AND FILE: "Tahoe-Sierra Preservation Council Et AI v. Tahoe Regional Planning
Agency," Letter from City Attorney dated August 1, 2002.
VI. SCHEDULED MATTERS
3. Adopt Resolution 02-36 denying Conditional Use Permit 01-9 for 15 First Street (River's End).
VII. PUBLIC HEARINGS
4. Height Variation 02-4
1300 Catalina
ApplicanUOwner:
Request:
Martin Porter
To construct a non-habitable Covered Roof Access Structure (CRAS) to
extend above the height limit by approximately 3 Y:z feet within the zone
in which the subject property is located.
Recommendation:
Approval subject to conditions and adoption of Resolution 02-35.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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Sept 04
Sept 18
Oct 09
Oct 23
Noy 06
Noy 20
Dee 04
Dee 18
TO BE SCHEDULED:
Q
Q
Q
Q
Study Session:
Staff Report:
Study Session:
Study Session:
City of Seal Beach Planning Commission · Agenda of August 21, 2002
2002 Aaenda Forecast
Planned Sign Program 02-2 (Rossmoor Business Center)
Review of Development Review Process - Grading and Building Heights
Study Session: Retaining Walls
Permitted Uses and Development Standards in Commercial Zones (5/6/9B)
Undergrounding of Utilities
Retaining Walls
ADA Handicapped-Accessible Restrooms
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of August 21,2002
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, August 21, 2002. The meeting
was held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Hood, Commissioners Deaton, Ladner, Shanks, and Sharp
Also
Present: Department of Development Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Absent: Mac Cummins, Associate Planner
AGENDA APPROVAL
MOTION by Ladner; SECOND by Shanks to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Hood, Ladner, Shanks, and Sharp
None
None
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
There being no one wishing to speak, Chairperson Hood closed oral
communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of August 7, 2002.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of August 21,2002
2. RECEIVE AND FILE: "Tahoe-Sierra Preservation Council Et AI v. Tahoe
Regional Planning Agency," Letter from City Attorney dated August 1,2002.
Chairperson Hood noted that because Commissioner Ladner was not present for the
meeting of August 7,2002, he would abstain from voting on this item.
MOTION by Sharp; SECOND by Deaton to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Deaton, Hood, Shanks, and Sharp
None
None
Ladner
SCHEDULED MATTERS
3. Adopt Resolution 02-36 denying Conditional Use Permit 01-9 for 15 First Street
(River's End).
Mr. Whittenberg commented that he believed Staff had prepared the resolution in a
manner that reflects the determination of the Planning Commission at it's last
meeting.
Commissioner Shanks noted a correction to Section 4(f) on the surrounding land use
descriptions.
Commissioner Ladner stated that he had viewed the videotape of the August 7,
2002 meeting and he expressed his disagreement with the Planning Commission
(PC) determination. He said that anyone that is willing to take on the responsibility
of trying to create something within Seal Beach should be given a chance to do so.
He stated that because Mr. Balchin has operated this business for 5 years and has
cleaned up the surrounding area and is attempting to make a living in Seal Beach,
he should be given the opportunity to do so. He indicated that it is up to the Seal
Beach Police Department (SBPD) to decide whether or not Mr. Balchin is doing a
good job in providing the sale of alcoholic beverages. He said that although it is not
legal, he would defy anyone who states that beer is not taken onto the beach and
consumed in Seal Beach. He reported that he had visited the River's End restaurant
twice and had spoken with Mr. Balchin. Commissioner Ladner noted that the
nearest house is approximately 600 feet from the restaurant and is covered by
shrubbery, which serves as a noise barrier. He commented that even if the noise
does carry, no one goes to bed before 8:00 p.m., especially in the summer time. He
reiterated that Mr. Balchin should be given the opportunity to serve beer and wine
with food only, and any problems due to noise can be reported to the SBPD and
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City of Seal Beach Planning Commission
Meeting Minutes of August 21,2002
Alcohol and Beverage Control can then determine whether or not to cancel the
license, or the City can take action to rescind the Conditional Use Permit (CUP).
Commissioner Sharp commented that his decision was not made based upon the
residents in that area, but was made on the fact that there are no safety measures
for preventing beer and wine being passed from the restaurant to people on the
beach. He stated that the City has been very strict regarding this issue, and
because of the present location and current fencing around the patio at River's End,
he does not see any way of approving this application. Commissioner Ladner
questioned whether the PC could require that the fence be made higher so as to
address this concern. He noted that it would be difficult for anyone to pass drinks
over a 6-foot fence without being noticed by anyone.
Commissioner Deaton stated that she wanted to address this issue from the
standpoint of shifting alcohol licenses from Main Street to this southwest area of
town. She noted that when the owners of the properties purchased their homes they
could not have known that one day alcohol would be served on that end of town.
She emphasized that the City is already over-concentrated with alcohol licenses,
and more are not needed outside the Main Street area of town. Commissioner
Deaton reiterated that residents of Seal Beach do not want a proliferation of alcohol
licenses. She stated that Commissioner Ladner was absolutely right in his
statements and she commended Mr. Balchin for what he has done, however, from
the standpoint of proliferation of alcohol permits, she could not vote to approve.
Commissioner Ladner asked what she considered proliferation as this would be only
one additional place that would serve beer and wine, and that would be within 7 or 8
blocks to the west of Main Street. He noted that the building and parking lot have
been there for over 20 years. He reiterated that Mr. Balchin has cleaned up the
beach and restrooms. Commissioner Deaton agreed that Mr. Balchin has done a
great job, however, as far as proliferation goes, she noted that the City now has a
huge parcel of land that is changing hands (Department of Water and Power [DWP]
property). She stated that something is going to happen to it, and at this point in
time she would not want to allow an alcohol permit on that side of town, without
knowing what type of development will take place on this property. Commissioner
Ladner countered that Mr. Balchin has leased the property from the City, and if he is
approved for service of beer and wine and attempts to serve it later than 8:00 p.m.,
the City can easily enforce this requirement. He noted that it was likely that nothing
would be done with the DWP property, and even so, to add one more beer and wine
license would not be proliferation. He said that to adding 2 or 3 more licenses on
Main Street would be. Commissioner Deaton countered that she did not want to
begin issuing alcohol licenses on the west side of town. Commissioner Ladner
restated his disagreement with this stance.
MOTION by Shanks; SECOND by Deaton to adopt Resolution 02-36 denying
Conditional Use Permit 01-9.
MOTION CARRIED: 4 - 1
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City of Seal Beach Planning Commission
Meeting Minutes of August 21, 2002
AYES:
NOES:
ABSENT:
Deaton, Hood, Shanks, and Sharp
Ladner
None
Mr. 80ga advised that the adoption of Resolution No. 02-36 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
PUBLIC HEARINGS
4. Height Variation 02-4
1300 Catalina
Applicant/Owner:
Request:
Martin Porter
To construct a non-habitable Covered Roof Access
Structure (CRAS) to extend above the height limit by
approximately 3 % feet within the zone in which the
subject property is located.
Recommendation:
Approval subject to conditions and adoption of Resolution
02-35.
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 explained that there are a number of non-habitable architectural features that
may be allowed on residential properties. He noted that in this case the proposal to
exceed the 25-foot height limit is to accommodate a Covered Roof Access stairway
to go up to a proposed roof deck as part of a remodel of the existing house. He
stated that under City Code a Height Variation (HV) may be granted for up to 7 feet
above the 25-foot height limit. He explained that the proposal conforms to all of the
adopted design criteria standards of the City related to the size of the structure. The
Director of Development Services stated that Staff is recommending approval
subject to conditions.
Commissioner Questions
None.
Public Hearing
Chairperson Hood opened the public hearing.
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City of Seal Beach Planning Commission
Meeting Minutes of August 21, 2002
Mr. Walt Bushman, designer of the project, stated that he has kept the CRAS to the
minimum size possible.
Mr. Martin Porter thanked the PC for reviewing his application and noted that the
third level deck falls within the design criteria as established by City Code. He
explained that he has one- and two-year old sons that he would like to be able to
safely transport to the deck area. He stated that the CRAS would not obscure the
view of any of the homes surrounding his property.
Mr. Bushman stated that Mr. Porter's home would not be the only home in the
neighborhood with CRAS. He noted that there is a CRAS on the home across the
street and a couple of houses down from Mr. Porter's that are considerably larger
than the one he is proposing.
Chairperson Hood reported that he had received a telephone communication
regarding this application from Gail Shaft of 1430 Catalina Avenue.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Commissioner Sharp stated that this CRAS was pretty standard and the request is
for less that the maximum for exceeding the height limit. He said he has no
objection to this request.
Commissioner Ladner also had no objections.
Commissioner Deaton concurred. She commented that at the last meeting some
members of the public had spoken against allowing variances; however, she noted
that City Code is written very tightly and then the City allows variances for those
things that would be naturally found in a beach community. She indicated that this is
evident by looking around and noting the large number of CRAS throughout the City.
She stated that she has no objection to this request.
Commissioner Shanks stated that he also has no objections. He commented on the
telephone communication from Ms. Shaft. He said that she lives 6 houses to the
east of Mr. Porter's home. He noted that Catalina Avenue lies almost on an
east/west line, and when traveling west on the street you are able to see Palos
Verdes and the sunset. He stated that Ms. Shaft's complaint is that this new CRAS
will block her view of Palos Verdes and the sunset. He said that he went.to view her
home from the outside and found that there are 6 houses in a linear view and Mr.
Porter's home being as large as it is will obscure more of her view than the CRAS
would. He said that it is interesting that no one has ever complained of obstruction
of a linear view. He stated that he believed the house would have a greater affect
on her view than the CRAS.
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City of Seal Beach Planning Commission
Meeting Minutes of August 21, 2002
MOTION by Shanks; SECOND by Ladner to approve Height Variation 02-4, subject
to conditions, and adopt Resolution 02-35.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Hood, Ladner, Shanks, and Sharp
None
None
Mr. Boga advised that the adoption of Resolution No. 02-35 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 informed the PC that building construction permits were issued
yesterday for the Kohl's Department Store in Rossmoor Center and construction
would begin early next week.
COMMISSION CONCERNS
Commissioner Ladner again expressed his disappointment with the PC
determination on CUP 01-9 for River's End. He reiterated that he would like to see
Mr. Balchin given the opportunity to attempt to make a success of his business.
Chairperson Hood again asked about the bicycle lanes along Lampson Avenue. Mr.
Whittenberg reported that he has given this information to the City Engineer and
their engineering consultants, but has not yet had a response from them.
Chairperson Hood noted that this was basically the answer he was given two weeks
ago. Mr. Whittenberg explained that the City Engineers have been occupied with
completing grant applications for State funds for two projects that had a deadline for
submittal.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:04 p.m.
Respectfully Submitted,
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Carmen Alvarez, xecutive S~retary
Planning Department
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City of Seal Beach Planning Commission
Meeting Minutes of August 21, 2002
APPROVAL
The Commission on September 4, 2002, approved the Minutes of the Planning
Commission Meeting of Wednesday, August 21, 2002. G ~ .
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