HomeMy WebLinkAboutPC Min 2003-02-11
"
.
.
.
CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for February 19, 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
lJ
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.
lJ
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.
lJ
Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m.
lJ
Videotapes of Planning Commission meetings may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
lJ 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
1
.
.
.
City of Seal Beach Planning Commission · Agenda of February 19, 2003
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
agendlzed.
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 Droceedinas are recorded.
2
.
.
.
City of Seal Beach Planning Commission
Agenda for February 19, 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 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 February 5, 2003
2 RECEIVE AND FILE "Regulatory Takings" Table of Contents
3 RECEIVE AND FILE Southern California Association of Governments, JOint FTFF and
CEHD Workshop Presentation
4 RECEIVE AND FILE Status Memo Re 1110 Electric Avenue Construction
5 Minor Plan Review 03-2
12295 Old Harbor Court
AppllcanUOwner'
Request
Stan Nathanson
Architectural review of a proposal to construct a new bUilt-in BBa In the
side yard setback area of the subject property.
Recommendation
Approval, subject to conditions and adoption of Resolution 03-6
6 Minor Plan Review 03-3
250 Ocean Avenue
ApplicanUOwner.
Request
Jim Watson
Architectural review of a proposal to construct a bUilt-In BBa and
fountain structures In the side yard setback areas of the property and for
an outdoor fireplace In the rear yard setback area The BBa structure
3
.
.
.
City of Seal Beach Planning Commission · Agenda of February 19. 2003
Recommendation
VI SCHEDULED MATTERS
will be located directly adjacent to the eastern property line wall The
fountain structure will be located on the western property line, In a
courtyard between the garage and the residence The fireplace will be
located In the rear and side yard setback area
This Item to be continued to meeting of March 5,2 003
7 Determination of General Plan Conformity - Bolsa Chlca Street Waterline Easement
(Bnghtwater Proposed Water Transmission Line Route)
VII. PUBLIC HEARINGS
8 Vanance 03-1
250 Ocean Avenue
AppllcanVOwner.
Request.
Recommendation
Jim Watson
To vary from the Side yard setback requirements In conjunction with a
major addition to a nonconforming single-family residence Specifically,
the applicant proposes to maintain the eXisting substandard first floor
Side yard setback for a proposed second floor addition.
Item to be continued to meeting of March 5, 2003.
9 Conditional Use Permit 03-1
347 Main St, #B
AppllcanVOwner
Request
Recommendation
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
Roya MOlnrpanah I Don Robertson
To have outdoor dlnrng at an existing restaurant Specifically, the
applicant IS requesting the ability to have 3 two-person tables In front of
their restaurant, on the pnvate Sidewalk, which IS located between the
storefront and the parking lot
Approval, subject to conditions and adoption of Resolution 03-5.
4
.
.
.
Mar5
Mar 19
Apr9
Apr23
May7
May 21
June 4
June 18
July9
July 23
Aug 6
Aug 20
Sept 3
Sept 17
Oct 8
Oct 22
Nov5
Nov 19
Dee 3
Dee 17
CIty of Seal Beach Plannmg CommIssIon · Agenda of February 19, 2003
2003 Aaenda Forecast
Vanance 03-1 - 250 Ocean Avenue
Minor Plan Review 03-3 - 250 Ocean Avenue
Seal Beach Boulevard Rezoning - Negative Declaration, General Plan Amendment
Zone Change, Zone Text Amendment
Study Session - Expansion of Nonconforming Residential Structures
5
'.
.
.
.
City of Seal Beach Planmng Commission · Agenda of February 19, 2003
TO BE SCHEDULED:
(J Study Session
(J Staff Report'
(J Study Session
(J Study Session
Permitted Uses and Development Standards In Commercial Zones (5/6/98)
Undergroundlng of Utilities
ADA Handicapped-AccessIble Restrooms
Parking Issues In Old Town
6
.1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
.22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
.44
CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of February 19, 2003
Chairperson Hood called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, February 19, 2003. 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
Alexander Abbe, Assistant City Attorney
Mac Cummins, Associate Planner
Absent: None.
AGENDA APPROVAL
Mr. Whittenberg stated that Staff is requesting that Item No.5, Minor Plan Review 03-2,
be removed from the agenda for future consideration, as the application is not yet ready
for review. He noted that the required approval from the Homeowner Association has
not been received.
Commissioner Deaton asked that Item NO.4 be removed from the Consent Calendar.
MOTION by Shanks; SECOND by Sharp to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hood, Deaton, Ladner, Shanks, and Sharp
None
None
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
1 These Minutes were transcnbed from audiotape of the meetrng.
Z:\Carmen_data\PC Mlnutes\2003\02-19-03 PC Minutes doc
1
~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
.
CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of February 19, 2003
There being no one wishing to speak, Chairperson Hood closed oral communications.
CONSENT CALENDAR
1 Approve Planning Commission Meeting Minutes of February 5, 2003.
2. RECEIVE AND FILE: "Regulatory Takings" Table of Contents
3. RECEIVE AND FILE: Southern California Association of Governments, Joint FTFF
and CEHD Workshop Presentation.
5. Minor Plan Review 03-2
12295 Old Harbor Court
Applicant/Owner:
Request:
Stan Nathanson
Architectural review of a proposal to construct a new bUilt-in
ssa in the side yard setback area of the subject property.
Recommendation'
Continue to future meeting.
6. Minor Plan Review 03-3
250 Ocean Avenue
Applicant/Owner:
Request:
Jim Watson
Architectural review of a proposal to construct a bUilt-in ssa
and fountain structures In the side yard setback areas of the
property and for an outdoor fireplace in the rear yard setback
area. The ssa structure will be located directly adjacent to
the eastern property line wall. The fountain structure will be
located on the western property line, in a courtyard between
the garage and the residence. The fireplace will be located
in the rear and Side yard setback area.
Recommendation:
This item to be continued to meeting of March 5, 2003
MOTION by Sharp; SECOND by Ladner to approve the Consent Calendar as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hood, Deaton, Ladner, "Shanks, and Sharp
None
None
4. RECEIVE AND FILE: Status Memo Re: 1110 ElectriC Avenue Construction
Z \Carmen_data\PC Mlnutes\2003\02-19-03 PC Minutes doc
2
-
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
.
CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of February 19, 2003
Mr. Whittenberg explained that there was an eXisting non-conforming single-story
residential structure on this lot with a single car garage constructed along the property
line where the utility line for a property on the opposite side of the alley is located He
stated that currently the Uniform BUilding Code does not allow this type of situation, and
there must be a clear ground area above utility lines. He said that this was not
discovered until after the project had received approval from the Planning Commission
of a Conditional Use Permit (CUP) for a major expansion to allow for a second story
addition. He noted that the garage structure as Initially proposed was a 16-foot wide
garage, but under City Code in order to be classified as a two-car garage it must have a
width of 18 feet. Mr. Whittenberg then stated that by reducing the setback and moving
the bUilding 3 feet off the property line, this left a 13-foot wide garage, which is still a
single car garage.
MOTION by Deaton; SECOND by Ladner to Receive and File:
1110 Electric Avenue Construction.
Status Memo Re:
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hood, Deaton, Ladner, Shanks, and Sharp
None
None
SCHEDULED MATTERS
7. Determination of General Plan Conformity - Bolsa Chica Street Waterline
Easement (Brightwater Proposed Water Transmission Line Route).
Staff Report
Mr. Whittenberg reported that this IS a request from the County of Orange for a General
Plan (GP) Conformity Determination, which is a requirement under State Government
Code law proviSIons when another public agency proposes to develop public utility lines
within a city jurisdiction. He said the project must come before the City for
determination that it is in conformance with the CIty's GP He stated that in this case
the proposed project IS a domestic water transmission line that will run from the City of
Cypress down Bolsa Chica Avenue to the Bolsa Chica Project and provide domestic
water for the homes at that project, if and when It receives final approval. He noted that
an EIR was proposed on this project in 1999 and the City proVided comments on the
Notice of Preparation for this document. He said the EIR was prepared in 2000 and the
City again prepared a comment letter and as noted in the Staff Report, the responses to
the City's comments reflected that the issues were adequately addressed and City
Council concurred and took no further action on the adequacy of the EIR document
The Director of Development Services explained that the underline water line will run
through Cypress, Garden Grove, Seal Beach, Westminster, Huntington Beach, and
down to the ,unincorporated County area that at this point is the Bolsa Chica area He
stated that those portions of the project within the physical limits of the City of Seal
Z'\Cannen_data\PC Mlnutes\2003\02-19-G3 PC Minutes doc
3
-
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
.
City of Seal Beach Plannmg Commission
Meetmg Mmutes of February 19, 2003
Beach are in conformity with the GP and Staff has indicated three specific policies of the
GP Safety Element that the project IS in conformity with. He said that Staff recommends
adoption of the resolution as presented.
Commissioner Questions
Commissioner Deaton asked If the City of Huntington Beach has refused to provide
water to this development. Mr. Whittenberg stated that this was his understanding.
Commissioner Deaton asked if in the past the City of Seal Beach had stood in
opposItion to this project with the City of Huntington Beach. Mr. Whittenberg confirmed
that the City had stood in Opposition, but In consultation with the City Attorney regarding
the GP conformity of this project he had explained that the issue is not whether the City
likes the project but whether the project is In conformity with the GP. Commissioner
Deaton asked whether all of the affected cities must make the same finding and what
Huntington Beach or Westminster have done. Mr. Whittenberg stated that he did not
know how any of the other cities had responded. Commissioner Deaton stated that
before making a determination on this Item she would like to have some Information on
what the other affected cities are dOIng.
Commissioner Shanks asked if this were the closest place to acquire water. Mr.
Whittenberg stated that the Southern California Water Company would provide the
water with their nearest distribution point on Valley View Street, north of the 405
Freeway. Commissioner Shanks asked If the city limit of Seal Beach were In the center
of Bolsa Chica. Mr. Whittenberg stated that part of It is on the east Side of Bolsa Chica
and another part is on the curb line on the west side. Commissioner Shanks asked If
there were any justification to say that this project is not in conformance with the GP.
Mr Whittenberg stated that as he has read the elements quoted in the Staff Report, the
City states that any utilities must be underground and coordinated as much as possible
between jurisdictions, which the developer has indicated they will attempt to do. He
said that in thiS way the project IS in conformance. He stated that it does not physically
Impact the City differently than any other water line or sewer line project.
Chairperson Hood asked if this project goes along the drainage channel on the eastern
border of Seal Beach, north of the 405 Freeway. Mr. Whittenberg stated that It might be
located in the slope easement area along the west side of that channel where the
access maintenance road is. Chairperson Hood stated that his property is within 300
feet of the western edge of the drainage channel. He asked Mr. Abbe whether he
should abstain from voting on this item. Mr. Abbe recommended that Chairperson Hood
leave Council Chambers while the PC reviews and votes on this Item. Chairperson
Hood then proceeded to leave the room.
Commissioner Sharp asked who maintains Bolsa Chica Road. Mr. Whittenberg stated
that It would depend upon which portion of the street he was referring to and which
jUrisdiction It falls under. He said that the City would maintain the portions of the street
that are in Seal Beach and the portions In Garden Grove. Westminster, or Huntington
Beach would be maintained by those cities. He said he would have to check with the
Z \Carmen_data\PC Mlnutes\2003\02-19-03 PC Minutes doc
4
-
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
.
City of Seal Beach Plannmg Commission
Meetmg Mmutes of February 19, 2003
Engineering Department to see if there have been any specific agreements made with
the other cities with regard to street maintenance on this project.
Commissioner Deaton asked if there were any urgency with regard to voting on this
Item. Mr. Whittenberg stated that he was not aware of any particular urgency to the
matter, so if the PC wished to continue the item to the next meeting they could do so.
She asked that in the meantime Staff Inquire as to what stand the other cities are taking
regarding this project.
Commissioner Ladner requested that a better map delineating the project be provided.
He also asked whether Seal Beach would share In the cost of the street paving to be
done by the City of Westminster on Bolsa Chlca Road, or whether they would pave only
their half of the street. Mr. Whittenberg stated that Westminster will usually complete
half of the street rather than the whole street. He said that the company that IS paYing
to have the water line installed would also be responsible for the expense of any new
street paving required.
MOTION by Deaton; SECOND by Ladner to continue this Item to the Planning
Commission meeting of March 5, 2003.
MOTION CARRIED:
AYES:
NOES: .
ABSENT:
ABSTAIN:
4-0-1
Deaton, Ladner, Shanks, and Sharp
None
None
Hood
Chairperson Hood returned to Council Chambers.
PUBLIC HEARINGS
8. Vanance 03-1
250 Ocean Avenue
Applicant/Owner:
Request:
Jim Watson
To vary from the side yard setback requirements In
conjunction with a major addition to a nonconforming slngle-
family residence. Specifically, the applicant proposes to
maintain the existing substandard first floor side yard
setback for a proposed second floor addition.
Recommendation:
Item to be continued to meeting of March 5,2003
9. Conditional Use Permit 03-1
347 Main St, #B
Z \Carmen_data\PC Mlnutes\2003\02-19-o3 PC Minutes doc
5
~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
.
City of Seal Beach Plannmg Commission
Meetmg Mmutes of February 19, 2003
Applicant/Owner:
Request.
Roya Moinipanah I Don Robertson
To have outdoor dining at an eXisting restaurant.
Specifically, the applicant is requesting the ability to have 3
two-person tables in front of their restaurant, on the private
sidewalk, which is located between the storefront and the
parking lot.
Recommendation:
Approval, subject to conditions and adopt Resolution 03-5.
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 Quizno's IS part of a bUilding that measures approximately 6,000 square feet
and houses the Coffee Bean & Tea Leaf coffeehouse, Quizno's, a jewelry store, and a
tanning salon. He descnbed the surrounding land uses as follows:
NORTH:
Commercial business in the Commercial (C-2) Zone and
Residential Low DenSity (RLD) housing.
WEST:
Commercial businesses in the Commercial (C2) Zone.
EAST:
Commercial bUSinesses in the Main Street Specific Plan
(MSSP) Zone.
SOUTH:
Commercial businesses in the Main Street SpeCific Plan
(MSSP) Zone and a mixture of single and multi-family
residential uses In a Residential High DenSity (RHD) Zone
He stated that the applicant is requesting two 4-person tables to be located just outside
the front door of the restaurant between the restaurant wall and the parking lot. He said
that Staff IS concerned that there be sufficient space between the edge of the furthest
chair of the table and the actual curb base so that there is sufficient pedestrian walk
space He noted that the standard for pedestrian walk space is 4 feet, which is what IS
being proposed. He said that Staff recommends approval of Conditional Use Permit
(CUP) 03-1, subject to conditions. He noted that a parking analysis is prOVided in the
Staff Report. He said that this proposal would require 14 parking spaces and there are
now 19 parking stalls in the shopping center. He indicated that the Planning
Commission previously approved a similar proposal for Coffee Bean & Tea Leaf. He
noted for the record that the City Attorney's office has requested that for clanficatlon
Condition No. 12 of Resolution No 03-5 be broken down into subparts.
Commissioner Questions
Z \Carmen_data\PC Mlnutes\2003\02-19-D3 PC Minutes doc
6
-
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
.
City of Seal Beach Planning Commission
Meeting Minutes of February 19, 2003
CommiSSioner Ladner stated that he had visited the site and found that there were only
18 Inches of pedestrian walk space between the chairs and the curb. He said that this
conflicts with the City requirement of 4 feet. Mr. Cummins reported that these tables are
not the tables that are to remain He said that Quizno's had ordered these tables but
found that they were too large and had placed them outdoors due to lack of Inside
storage area. He said that smaller 2 ft. x 2 ft tables, similar to the ones inside the
restaurant, have been ordered to replace these larger ones. Commissioner Ladner
asked how long they would be allowed to use the larger tables. Mr. Cummins stated
that theoretically those tables should not be outside at all and should be removed.
Commissioner Ladner emphasized that these tables are now blocking pedestrian traffic.
Public Heanng
Chairperson Hood opened the public hearing.
Ms. Roya Moinlpanah, the owner of Quizno's, confirmed that the tables were too large
and are to be replaced with the smaller tables of the type that are inside the restaurant.
She said the larger tables are to be transferred to the other store on Lampson Avenue.
There being no one else wishing to speak, Chairperson Hood closed the public hearing
Commissioner Comments
Commissioner Sharp noted that no alcohol would be served at this restaurant.
Commissioner Deaton requested that the Conditions of Approval for Resolution 03-5
state the size of the tables shall be no larger than 2 feet by 2 feet.
MOTION by Deaton; $ECOND by Sharp to approve Conditional Use Permit 03-1,
subject to conditions, and adopt Resolution 03-5 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hood, Deaton, Ladner, Shanks, and Sharp
None
None
Mr Abbe advised that the adoption of Resolution No. 03-5 begins a 10-day calendar
appeal period to the City Council The CommisSioner action tonight is final and the
appeal penod begins tomorrow morning.
STAFF CONCERNS
Mr. Whittenberg stated that each Commissioner has been provided a copy of the Staff
Report for the March 5, 2003 Planning Commission meeting regarding. the Study
Session on Nonconforming Uses. He indicated that this report is to be posted on the
Z \Cannen_data\PC Mlnutes\2003\02-19-Q3 PC Minutes doc
7
.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
.
City of Seal Beach Planmng Commission
Meetmg Mmutes of February 19, 2003
City webslte tomorrow and he wanted the Planning Commissioners to have a copy for
review prior to the meeting. He reported that the Staff Report for the previous study
session has also been posted on the City website along with the public notice published
in the Sun Newspaper.
COMMISSION CONCERNS
Commissioner Sharp reported that he would be out of town on March 5, 2003, and
would not be in attendance at that meeting.
Commissioner Deaton inquired about the status of the repair work behind her home
done by the gas company who had patched the cement in the alley with asphalt. She
asked if the utility company would be completing the repair by replacing the asphalt with
cement. Mr. Whittenberg stated that he believed the City would require the utility
company to replace the asphalt with cement, but he would confirm this.
Chairperson Hood commended Staff for distributing the Staff Report for the study
session two weeks prior to the meeting. He said that this would be very helpful. Mr.
Whittenberg stated that Staff would be placing more documents on the City website
prior to meetings to provide the public and the Planning Commissioners time to review
the documents.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:00 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secret ry
Planning Department
APPROVAL
The Commission on March 5, 2003, approved the Minutes of the Planning Commission
Meeting of Wednesday, February 19, 2003. ~_'
Z \Cannen_data\PC Mlnutes\2003\02-19.Q3 PC Minutes doc
8