HomeMy WebLinkAboutPC Min 2003-01-08
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for January 8, 2003
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
CI 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.
CI 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.
CI Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m
CI 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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CI Copies of staff reports and/or wntten materials on each agenda Item are on file In
the Department of Development Services and City libraries 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 proceedinas are recorded.
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CIty of Seal Beach Planning CommIssion · Agenda of January 8, 2003
City of Seal Beach Planning Commission
Agenda for January 8, 2003
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 Junsdlctlon of the Planning Commission, prOVided that the Planning
Commission may undertake no action or diScussion unless otherwise authonzed 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
pnor 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 December 4, 2002
2 RECEIVE AND FILE "Putting The Pieces Together State Actions To Encourage Smart
Growth Practices In California," Urban Land Institute
3 Minor Plan Review 02-9
126 Electnc Avenue
AppllcanUOwner
Request
Stephen Curry
Architectural Review of proposal to construct a 36" high bUilt-in
barbeque/counter structure within the rear yard setback area and an 8' 4"
high fountain wall within the other side yard setback are of the subject
property
Recommendation
Approval, subject to conditions and adoption of Resolution 02-47
4 Minor Plan Review 02-10
12290 Bndgewater Way
AppllcanUOwner
Request
Charles and Asela Thomason
To construct a 10'-hlgh freestanding fireplace structure within the rear
and side yard setback area of the subject property
Recommendation
Approval, subject to conditions and adoption of Resolution 02-48
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City of Seal Beach Planmng Commission · Agenda of January 8, 2003
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. VI SCHEDULED MATTERS
5 Determination of Proper ZOnlng/Clanflcatlon of Ambiguity Walk-UplTake-Out Restaurant with
Limited Seating
Main Street Specific Plan (MSSP) Zone
AppllcanUOwner
Request
Recommendation
James Markham / Glenn W Jones Trust
Recommend determination to the City Council that proposed walk-
up/take-out restaurant with seating for less than 10 persons fits within
land use determinations as outlined In Section 28-1250 of the City Code
Approval and adoption of Resolution 03-01
VII PUBLIC HEARINGS
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
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Jan 22
Feb S
Feb 19
MarS
Mar 19
Apr9
Apr 23
May 7
May 21
June 4
June 18
. July9
July 23
Aug 6
Aug 20
Sept 3
Sept 17
Oct 8
Oct 22
NovS
Nov 19
Dee 3
Dee 17
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City of Seal Beach Plannmg Commission · Agenda of January 8, 2003
2003 Aaenda Forecast
Study Session - Additions to Non-Conforming Residential Structures
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TO BE SCHEDULED:
[J Study Session
[J Staff Report
[J Study Session
[J Study Session
City of Seal Beach Planmng Commission · Agenda of January 8, 2003
Permitted Uses and Development Standards In Commercial Zones (5/6/98)
Undergroundrng of Utilities
ADA Handicapped-Accessible Restrooms
Parking Issues In Old Town
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of January 8, 2003
Vice-Chairperson Sharp called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, January 8, 2003. The meeting
was held in the City Council Chambers and began with the Salute to the Flag 1
ROLL CALL
Present
Vice-Chairperson Sharp, Commissioners Deaton, Ladner, and Shanks
Also
Present'
Department of Development Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Mac Cummins, Associate Planner
Absent:
Chairperson Hood.
Mr. Whittenberg noted for the record that Chairperson Hood had indicated at the last
meeting that he would be out of the country. He asked for a motion to excuse
Chairperson Hood.
MOTION by Shanks, SECOND by Ladner to excuse Chairperson Hood from
tonight's meeting.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Ladner, Shanks, and Sharp
None
Hood
AGENDA APPROVAL
Commissioner Deaton requested that Items 3 and 4 be removed from the Consent
Calendar.
MOTION by Deaton; SECOND by Shanks to approve the Agenda as amended.
MOTION CARRIED: 4 - 0 - 1
AYES: Deaton, Ladner, Shanks, and Sharp
1 These MInutes were transcnbed from audiotape of the meeting
Z.\Carmen_data\PC Mlnutes\2003\01-08-o3 PC Minutes doc 1
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of January 8, 2003
NOES:
ABSENT:
None
Hood
ORAL COMMUNICATIONS
Vice-Chairperson Sharp opened oral communications
There being no one wishing to speak, Vice-Chairperson Sharp closed oral
communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of December 4, 2002.
2 RECEIVE AND FILE. "Putting The Pieces Together: State Actions To
Encourage Smart Growth Practices In California," Urban Land Institute
MOTION by Ladner; SECOND by Shanks to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Ladner, Shanks, and Sharp
None
Hood
3. Minor Plan Review 02-9
136 Electric Avenue
Applicant/Owner'
Request.
Stephen Curry
Architectural Review of proposal to construct a 36" high
built-In barbeque/counter structure within the rear yard
setback area and an 8' 4" high fountain wall within the
other side yard setback are of the subject property.
Recommendation:
Approval, subject to conditions and adoption of
Resolution 02-47.
Staff Reoort
Mr. Whittenberg stated that Staff is recommending approval subject to conditions
and noted that City Code allows the Planning Commission (PC) to consider these
types of requests under the Minor Plan Review (MPR) process He stated that
notification IS mailed to all property owners within 100 feet of the property in
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of January 8, 2003
question. He explained that the barbeque at the rear of the property would adjoin a
driveway area for a 5-unit condominium project to the south of this portion of the
property. He stated that the fountain wall along the east side of the property adjoins
a two-story, zero lot line residential wall of the house next door that has no window
openings on this wall.
Commissioner Questions
Commissioner Ladner clarified that the correct address IS 136 Electnc Avenue. Mr.
Whittenberg confirmed that this was correct.
Public Comments
Vice-Chairperson Sharp opened for public comments.
There being no one wishing to speak, Vice-Chairperson Sharp closed the public
comment penod.
MOTION by Deaton; SECOND by Shanks to approve Minor Plan Review 02-9 and
adopt Resolution 02-47 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Ladner, Shanks, and Sharp
None
Hood
Mr. Abbe advised that the adoption of Resolution No 02-47 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. Minor Plan Review 02-10
12290 Bridgewater Way
Applicant/Owner:
Request:
Charles and Asela Thomason
To construct a 10'-high freestanding fireplace structure
within the rear and side yard setback area of the subject
property.
Recommendation:
Approval, subject to conditions and adoption of
Resolution 02-48
Staff Report
Mr. Whittenberg noted that City Code also allows for approval of this type of
structure through the Minor Plan Review (MPR) process. He Indicated that the Code
Z.\Cannen_data\PC Mlnutes\2003\01-DS-D3 PC Minutes doc 3
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of January 8, 2003
does limit the heIght within the rear yard to no more than 12 feet and 6 feet within
the side yard setback area. He noted that the fireplace IS In compliance and no
comments were received from any of the neighbors noticed on this application. He
said that Staff is recommending approval subject to conditions
MOTION by Shanks; SECOND by Deaton to approve Minor Plan Review 02-10 and
adopt Resolution 02-48 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Ladner, Shanks, and Sharp
None
Hood
Mr. Abbe advised that the adoption of Resolution No. 02-48 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. Determination of Proper Zoning/Clarification of Ambiguity: Walk-UplTake-Out
Restaurant with limited Seating
Main Street Specific Plan (MSSP) Zone
Applicant/Owner:
Request:
James Markham / Glenn W. Jones Trust
Recommend determination to the City Council that
proposed walk-up/take-out restaurant With seating for
less than 10 persons fIts within land use determinations
as outlined in Section 28-1250 of the City Code.
Recommendation:
Approval and adoption of Resolution 03-01.
Staff ReDort
Mr. Whittenberg stated that this request is being made on behalf of the applicant
who has leased a building on Main Street. The applicant would like the PC to make
a determination that a walk-up/take-out restaurant that would Include limited Indoor
seating would be an appropriate use in the Main Street area. He noted that the Staff
Report states that in the past both the PC and City Council (CC) as dealt With similar
Issues: In 1993 when a coffee shop/dessert shop was found to be an allowable use
on Main Street and in 2000 when the PC determined that a walk-up/take-out
restaurant With no seating was also an appropriate use. He stated that this request
would expand the allowable use within a walk-up/take-out restaurant to include
limited seating. He said that Staff sees this as being no different than a walk-
up/take-out dessert shop/coffee shop. He stated that Staff IS recommending
approval and should the PC determine to make this recommendation, thiS item
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CIty of Seal Beach Planning CommIssIon
Meeting Minutes of January 8, 2003
would then come before CC for a final determination. He noted that the applicant is
present tOnight to respond to questions from the PC.
Commissioner Questions
Commissioner Shanks commented that at Grandma's It is possible to buy an ice
cream cone to go and there are also 2 or 3 tables in the shop at which one may Sit to
eat Ice cream. He noted that there are other places on Main Street that have had at
least 2 or 3 tables on site over a period of years. He said that in a sense the City
has had a semi-operating situation like this going on anyway over the years. Mr.
Whittenberg stated that the Code as it is currently constructed automatically allows
up to 10 seats in the coffee shop/dessert shops. He noted the currently under the
walk-up/take-out restaurant classification, which is different from the coffee
shop/dessert shops, the City has said that these are acceptable at thiS point Without
any indoor seating ,Consequently, this request is to consider an expansion of the
walk-up/take-out use to allow up to 10 seats of indoor seating. Commissioner
Shanks stated that baSically thiS question speaks of stepping up to having a
restaurant aspect as far as having food rather than strictly desserts or coffee.
Commissioner Deaton commented that this would be a walk-In and not a walk-up
type take-out use. She said that she did not believe that Main Street should have a
counter that you walk up to and have people order at a window, but patrons should
have to walk inside to place their orders. She asked If there were a way to clarify the
terminology on this. Mr. Whittenberg stated that the PC might want to suggest
clarification of the language as part of the recommendation to the CC to make thiS
an appropriate use on Main Street He said that the reason that the term "walk-
up/take-out" IS being used is that it is an existing definition in the current Zoning
Code, eliminating the need to create a new classification He stated that another
way to deal with this issue IS to require application for a Conditional Use Permit
(CUP) be made to allow the PC to condition the use as a walk-in service rather than
walk-up. He said that the walk-up/take-out businesses on Ocean Avenue pre-date
the City standards for these types of food shops and have a legal nonconforming
Situation going. He noted that a walk-up use on Main Street would not work well
since there is more pedestrian traffic along Main Street than on Ocean Avenue The
Director of Development Services emphasized that the main issue is whether or not
the PC wants to provide the capability of someone applying to have a walk-up/take-
out restaurant with some limited seating.
Public Comments
Vice-Chairperson Sharp opened for public comments.
There being no one wishing to speak, Vice-Chairperson Sharp closed the public
comment period.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of January 8, 2003
Commissioner Comments
Commissioner Deaton explained that she would like the zOning for this type of use to
be uniform with guidelines that specify that a walk-up/take-out would really be a
walk-In/take-out along Main Street. Mr. Whittenberg noted that an additional clause
could be added to the resolution stating "in addition to making thiS recommendation
the Commission also recommends that on Main Street thiS type of use not allow a
take-out window with direct access onto the sidewalk."
Commissioner Shanks asked if the Main Street Specific Plan (MSSP) Includes some
of Ocean Avenue. Mr. Whittenberg stated that the MSSP does include the
commercial area along Ocean Avenue. He said that this is why he recommends that
thiS determination only include Main Street and this would allow something different
along Ocean Avenue and Pacific Coast Highway (PCH), as both of these streets
have areas that go beyond the depth of the lots along Main Street.
Commissioner Ladner agreed that take-out windows along Main Street should not
be allowed.
MOTION by Deaton; SECOND by Ladner to recommend approval of Determination
of Proper Zoning/Clarification of Ambiguity: Walk-UplTake-Out Restaurant with
Limited Seating on Main Street and adoptIon of ResolutIon 03-1 as amended to
specify that no take-out windows with direct access to the sidewalk be allowed along
Main Street.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Ladner, Shanks, and Sharp
None
Hood
Mr. Whittenberg noted that this is not a final action by the Planning Commission so
there is no appeal period. He stated that this Item would appear on the City Council
agenda for their consideration on January 27, 2003.
PUBLIC HEARINGS
None.
STAFF CONCERNS
Mr. Whittenberg reported that copies of the Boeing Specific Plan Environmental
Impact Report (EIR) would be distributed to the Planning Commissioners for their
review. He noted that the EIR includes an anticipated time schedule of meetings to
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of January 8, 2003
be held by the Environmental Quality Control Board (EQCB) and the Planning
Commission and City Council for review of this document.
COMMISSION CONCERNS
Commissioner Deaton stated that the Gas Company in doing routine maintenance
had discovered a gas leak in the alley behind her home, and while completing this
maintenance they had removed a section of the cement alley and replaced it with
asphalt. She asked If they would be returning to replace the section of asphalt with
cement. Mr. Whittenberg said that he Imagined this to be a temporary situation and
that the asphalt would eventually be replaced with cement. He stated that he would
Investigate and notify Commissioner Deaton of the response. Commissioner Deaton
then reported that she would not be present for the meeting of January 22, 2003.
Commissioner Shanks requested that the 2003 Schedule of the Planning
Commission meetings be included in the PC binders.
ADJOURNMENT
Vice-Chairperson Sharp adjourned the meeting at 7:52 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Se tary
Planning Department
APPROVAL
The Commission on February 5, 2003, approved the Minutes of the Planning
Commission Meeting of Wednesday, January 8, 2002 ~.
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