HomeMy WebLinkAboutPC Min 2002-10-09
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for October 9,2002
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - David Hood
District 5 - Phil Ladner
Department of Development 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 wntten materials on each agenda item are on file in
the Department of Development Services and City Iibranes for public Inspection.
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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 Droceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for October 9, 2002
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 18, 2002
2. RECEIVE AND FILE' "Housing Affordablllty In Three Dimensions' Price, Income, and Interest
Rates" Mllken Instrtute Policy Brief
3 RECEIVE AND FILE AB 1866
4 Minor Plan Review 02-6
608 Ocean Avenue
Applicant/Owner
Request
Christina Fllander / Ross Tesser
To construct a deck into the required setback area Under the provisions
of Section 28-401, applicants may apply for a deck to extend up to 10
feet Into the reqUired rear yard setback area under the Minor Plan
Review process The property applied for and was granted a Minor Plan
Review earlier this year, and IS now amending the plans to show a
change In the floor plan
Approval, subject to conditions and adoption of Resolutron No 02-38
Recommendation
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SCHEDULED MATTERS
5 STUDY SESSION - Retaining Walls
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City of Seal Beach Planning Commission · Agenda of October 9, 2002
VII PUBLIC HEARINGS
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
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City of Seal Beach Planmng Commission. Agenda of October 9, 2002
2002 Aaenda Forecast
Grading Policies, Retaining Walls & Environmental Review of Projects
Nay 06
CUP 02-15 - 226 Fourth Street
CUP 02-16 and HV 02-5 -1210 Electric Avenue
Nay 20
Dee 04
Dee 18
TO BE SCHEDULED:
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Cl
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Study Session'
Staff Report
Study Session
Permitted Uses and Development Standards in Commercial Zones (5/6/98)
Undergrounding of Utilities
ADA Handicapped-Accessible Restrooms
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of October 9, 2002
Chairperson Hood called the regularly scheduled meeting of the Planning Commission
to order at 7.30 pm. on Wednesday, October 9, 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
QUinn Barrow, City Attorney
Mac Cummins, Associate Planner
Absent. Terence Boga, Assistant City Attorney
AGENDA APPROVAL
MOTION by Ladner; SECOND by Sharp 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.
Mr. Doug Korthoff stated that the worst mistake of planning IS finding out that your plan
did not work. Referring to the Hellman Mesa, Mr. Korthoff stated that one of the Native
Americans went to the California Coastal Commission (CCC) when the original permit
for development on this property was to be granted He said that the Native Amencan
representative pleaded with the CCC that Native American burial
sites and cultural resources be respected. He stated that the CCC had responded and
granted three conditions, one of them being that there would be Native Amencan
1 These Minutes were transcnbed from audiotape of the meeting
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of October 9. 2002
mOnitors on site and that they would have the power to stop bulldozers If any cultural
resources were found. The CCC also required that these conditions be Included with
every construction document so that everyone would be aware of them. He said that
before any grading was allowed to proceed the eee split off a mini-permit for
completion of an archaeological investigation, which found nothing and the gross
grading was allowed to proceed He noted that during the gross grading the hili was
bulldozed and 20 graves were found, 2 of which have been disturbed. He stated that
this was not in conformance with condition 19 of the eec permit. He said the Native
American Heritage Commission (NAHC) was notified and they contacted the Most
Likely Descendant (MLD) after the bodies were unearthed. Mr Korthoff said that there
IS a City responsibility for enforcement of the cee Permit. He reported that a "cease
and desist" order IS In effect stopping the entire project because the developer ignored a
pnor letter from the CCC. He stated that technically the permit is in question, and there
is a potential penalty that could lead to revocation of the permit. He said there is a
solution to the problem If the developer agrees to redesign the project so as to work
around the graves leaving them intact. He noted that this would make everyone happy.
He emphasized that this is an Issue that deserves serious attention from the Planning
Commission and everyone in Seal Beach.
There being no one else wishing to speak, Chairperson Hood closed oral
communications
CONSENT CALENDAR
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Approve Planning Commission Meeting Minutes of September 18, 2002.
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RECEIVE AND FILE: "Housing Affordability in Three Dimensions: Price, Income,
and Interest Rates" Mllken Institute Policy Bnef
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RECEIVE AND FILE: AB 1866
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Minor Plan Review 02-6
608 Ocean Avenue
Applicant/Owner' Christina Filander I Ross Tesser
Request'
To construct a deck into the required setback area. Under
the provisions of Section 28-401, applicants may apply for a
deck to extend up to 10 feet into the required rear yard
setback area under the Minor Plan Review process. The
property applied for and was granted a Minor Plan Review
earlier this year, and is now amending the plans to show a
change in the floor plan
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of October 9, 2002
Recommendation: Approval, subject to conditions and adoption of Resolution
No. 02-38
Commissioner Shanks asked what the timetable would be for knowing how AB 1866 is
to affect the City's General Plan. Mr. Whittenberg stated that information would
probably be available by the first Planning Commission meeting in December.
MOTION by Sharp; SECOND by Ladner to approve the Consent Calendar as
presented
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Hood, Ladner, Shanks, and Sharp
None
None
Mr. Barrow advised that the adoption of Resolution No. 02-38 begins a 10-day calendar
appeal penod to the City Council. The Commissioner action tonight is final and the
appeal penod begins tomorrow morning.
SCHEDULED MATTERS
5 STUDY SESSION - Retaining Walls
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 Staff has attempted to provide a Draft Ordinance based upon the discussion
at the Planning Commission meeting of September 18, 2002 He also noted that Staff
has provided a Draft Staff Report to be finalized at such time that a public hearing would
be held on the Zone Text Amendment for retaining walls. He stated the report outlines
what citywide standards would be for side yards along the Gold Coast and rear yards
abutting Gum Grove Park and the Hellman Property. He indicated that public notice for
tonight's heanng was not circulated as Staff wanted to provide the opportunity for the
Planning Commission to review the document.
Commissioner Questions
Commissioner Deaton referred to Page 2 of the Staff Report under Discussion on the
side yards along the Gold Coast and asked for a definition of a "stub street." Mr.
Cummins explained that these are the portions of the streets that run between Ocean
Avenue and the beginning of the beach sand She then asked if Item 1 on Page 2 of
the Staff Report were the same as Item 3(B)(2) of the Proposed Ordinance. Mr.
Cummins responded that they were essentially the same except that In order to
construct a retaining wall higher than 30 inches, the request would be subject to a Minor
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of October 9, 2002
Plan Review (MPR). Commissioner Deaton stated that she would like the text as it
appears in the Staff Report to replace the text used In Section 3(B)(2) of the Ordinance
Mr Whittenberg referred Commissioner Deaton to Page 1 of the Ordinance, Item
3(A)(2) Mr. Cummins stated that in Section 3(B)(2) the language "as high as
necessary" was included because other sections of the Ordinance do specifically limit
the height based upon the location of the property. He noted that for the side yards
along the stub streets no limit to the height of retaining walls is proposed.
Commissioner Deaton stated that she was in favor of setting a limit of 30 inches for
walls along the stub streets and anything higher would require a MPR. Mr Cummins
noted that the rest of the citywide standards even With a MPR have a maximum height
of 4 feet, whereas on the Gold Coast a MPR would still be required, but the walls can
be as high as necessary. Commissioner Deaton expressed her concern With this
wording, as she does not want to see another Incident of a property owner taking soil
out form underneath the home and having to construct a 20-foot retaining wall and then
stating that the retaining wall IS needed to hold in the SOIl. Mr Whittenberg explained
that the issue of changing the grade of a property is an issue that is being developed
through a grading ordinance that City Council will review at a study session scheduled
for next Monday night. He clarified that the MPR process applies not only citywide but
to these specific areas Commissioner Deaton then congratulated Staff for their work
on the Proposed Ordinance.
Mr. Whittenberg reported that In antiCipation of the Planning Commission approving of
tOnight's presentation, Staff has scheduled a public hearing on this matter at the next
scheduled meeting.
PUBLIC HEARINGS
None.
STAFF CONCERNS
Mr. Whittenberg reported that a memorandum has been provided regarding the
Installation Restoration actiVity at the Naval Weapons Station (NWS) with an overview
of what is happening at this pOint and another regarding an ongoing groundwater and
SOil contamination issue at the corner of Seal Beach Boulevard and Pacific Coast
Highway.
Mr Whittenberg then introduced Mr. Alexander Abbe from the City Attorney's Office
who will be replaCing Mr. Terence Boga. Mr. Boga will be moving on to full-time City
Attorney activities for the City of Westlake Village and has a conflict with City Council
meetings
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of October 9, 2002
COMMISSION CONCERNS
Commissioner Deaton inquired about the clean up activity at the NWS. Mr. Whittenberg
stated that cleaning of certain sites is already complete and others are in progress,
while others are undergOing studies to determine the level of contamination and what
mayor may not be required.
Commissioner Shanks referred to the newspaper article from the Orange County
Register September 25, 2002 edition regarding action by the Laguna Beach City
CounCil to control "mansionizatlon" within the city, which he had provided for the
Commissioners. Mr Whittenberg stated that Staff has acquired a copy of the Council
Agenda Report from Laguna Beach and it is available In the Department of
Development Services for review.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 7:55 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secreta
Planning Department
APPROVAL
The Commission on October 23, 2002, approved ,.the Minutes of the Planning
Commission Meeting of Wednesday, October 9, 2002. ~.
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