HomeMy WebLinkAboutPC Min 2003-04-09
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for April 9, 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
Alexander Abbe, 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.
1:I 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 Plannmg Commission · Agenda of Apnl 9, 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 dunng this time period. No action can be
taken by the Plannrng 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 distnbute, you should have enough copies
for all Plannrng 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
(Plannrng 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 PfQceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for April 9, 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 Minor Plan Review 03-4
755 Carmel Avenue
AppllcanUOwner
Request
John and Sandra Wing
Architectural review of a proposal to construct a new, bUilt-in BBQ and a
fireplace structure within the rear and side yard setback areas of the
subject property
Recommendation
Approval subject to conditions and adoption of Resolution 03-14
VI PUBLIC HEARINGS
2 Height Vanatlon 03-3
1405 Sandpiper Dnve
AppllcanUOwner
Request
David Simmons
To construct a non-habitable Covered Roof Access Structure (CRAS) to
extend above the height limit by approximately 2 feet Within the zone In
which the subject property IS located
Recommendation
Approval subject to conditions and adoption of Resolution 03-15
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City of Seal Beach Planning Commission · Agenda of Apfll 9, 2003
3 Conditional Use Permit 03-2
142-B Main Street
Applicant/Owner
Request
James Markham/Glenn Jones
To Install a walk-up/take-out only (10 seats or less) restaurant on Main
Street Specifically, the applicant has requested the ability to sell pizza
and associated products
Recommendation
Approval subject to conditions and adoption of Resolution 03-16
VII SCHEDULED MATTERS
4 Adoption of Resolution 03-9 denYing General Plan Conformity - Bolsa Chlca Street Waterline
Easement (Bnghtwater Proposed Water Transmission Line Route)
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
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Apr23
May7
May 21
June 4
June 18
July9
July 23
Aug 6
Aug 20
Sept 3
Sept 17
. Oct 8
Oct 22
Nav5
Nav 19
Dee 3
Dee 17
TO BE SCHEDULED:
[J Study Session
[J Staff Report
[J Study Session
[J Study Session
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City of Seal Beach Plannmg Commission · Agenda of Apfll 9, 2003
2003 Aaenda Forecast
Boeing Project EIR and Specific Plan
Permitted Uses and Development Standards In Commercial Zones (5/6/98)
Undergroundlng of Utilities
ADA Handicapped-Accessible Restrooms
Parking Issues In Old Town
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of April 9, 2003
Chairperson Hood called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m on Wednesday, Apnl 9, 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
Commissioner Shanks stated that he must abstain from voting on Consent Calendar
Item No.1, as he lives within 100 feet of the project at 755 Carmel Avenue.
MOTION by Deaton; SECOND by Ladner to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hood, Deaton, 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.
1 These Minutes were transcribed from audiotape of the meeting
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City of Seal Beach Planning Commission
Meeting Minutes of Apnl 9, 2003
CONSENT CALENDAR
1. Minor Plan Review 03-4
755 Carmel Avenue
Applicant/Owner:
Request:
John and Sandra Wing
Architectural review of a proposal to construct a new, built-In
BBQ and a fireplace structure within the rear and side yard
setback areas of the subject property.
Recommendation:
Approval subject to conditions and adoption of Resolution
03-14.
MOTION by Sharp; SECOND by Ladner to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Hood, Deaton, Ladner, and Sharp
None
None
Shanks
PUBLIC HEARINGS
2 Height Vanation 03-3
1405 Sandpiper Drive
Applicant/Owner:
Request:
David Simmons
To construct a non-habitable Covered Roof Access Structure
(CRAS) to extend above the height limit by approximately 2
feet within the zone in which the subject property IS located.
RecommendatIon:
Approval subject to conditions and adoption of Resolution
03-15.
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 the Planning Commission (PC) must make the follOWing findings:
1. Whether such vanatlon is appropriate for the architectural style of the building
2. Whether such variation is appropriate to the character and integrity of the
neighborhood
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of April 9, 2003
3. Whether such variation significantly impairs the primary view of any property located
within 300 feet.
He said that Staff has reviewed the proposed horizontal dimensions of the CRAS and it
falls within the City Council (CC) approved policy gUidelines. He noted that there would
be no habitable square footage within the CRAS itself, it is simply a stairwell up to a
proposed roof deck. He indicated for the record that a letter in opposition to this project
was received this evenrng from The Strickland's who reside on Catalina Avenue. He
noted that the letter also included a petition signed by various neighbors.
Commissioner Questions
Commissioner Deaton asked if the CRAS or the 2nd story addition would block the
neighbors' view. Mr. Cummins stated that the 2nd story would be a maximum height of
25 feet, which is permissible by Code, and the only portion that would protrude above
that by 2 feet is the CRAS. He noted that Code currently allows a non-habitable
structure to exceed the height limit by up to 7 -feet. Commissioner Deaton asked Staff
to look at the photographs that accompanied the letter from the Strickland's and asked If
the picture adequately reflected impact upon the view. Mr. Cummins stated that he was
not' certain from what angle the photo had been taken.
Commissioner Shanks stated for the record that he had spoken to Mr. Strickland and
had received a telephone call in opposition to this project.
Chairperson Hood asked if the City had any history of denying a CRAS based upon
obstruction of the primary view of another resident. Mr. Cummins stated that Staff will
usually advise the applicant that the application must fall within the CC adopted
guidelines, and if it does not there would be a major impact to the primary view. He said
that typically the PC has taken the position that If this type of structure is within those
policy guidelines, it will not signrficantly impact the primary view. Chairperson Hood
asked if it were possible in the City of Seal Beach that someone could follow the CC
approved guidelines and stili obstruct a primary view. Mr. Cummins responded that the
PC could make this finding. Chairperson Hood asked If there were a basis in past
decIsions of the PC, where a similar Height Variation has been denred because it
obscured a primary view. Mr. Cummins gave an example of an application for a CRAS
that was proposed as a straight-run stairwell across the width of the building and the
PC, rather than deny the request, determined that the stairwell should re-designed to
run along the length of the building. He stated that he could not recall where a similar
request had been denied. Mr. Whittenberg interjected that the only other time that he
could recall similar applications coming up would be in Surf side Colony and in most of
these cases the PC determined that the orientation of the stairwell should be turned to
prevent blocking as much of the width of the view.
Public Hearina
Chairperson Hood opened the public hearing.
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of Apnl 9. 2003
Mr. David Simmons said that he spent quite a bit of time reviewing the plans for the
CRAS with Staff and had complied with the recommendations made by Staff. He said
he has attempted to minimize the Impact upon anyone's view.
Mr. Bill Strickland said that he and his neighbors enjoy a good view of the ocean and
Catalina Island, which they feel this project would restnct or eliminate to some degree.
He said that he and seven neighbors whose view would be impacted believe that 25
feet is adequate for a CRAS. He stated that even though these types of Height
Variations have been approved In the past, to continue to do so seems unfair In favonng
certain property owners over others in that neighboring residents would lose their view
of the ocean. He said that this also impacts property values and pnvacy. He
recommended denial of Height Vanation (HV) 03-3.
Mr Dave Pnme stated that he believes the 25-foot height limit should be enforced to
prevent continued impacts upon the ocean view of residents on Marina HIli.
Mr. Ian Chase stated that he agreed with Mr. Prime that the 25-foot limit should be
enforced. He recommended denial of Height Vanation 03-3.
Mr. David Simmons stated that he was not attempting to obstruct his neighbors' views.
He clarified that the 27 -foot mark is at the peak of the entrance to the roof deck and
there IS very little else that extends above the 25-foot mark. He recommended approval
of Height Variation 03-3.
There being no one else wishing to speak, Chairperson Hood closed the public hearing.
Commissioner Comments
Commissioner Sharp stated that in the past many applications of this nature have come
before the Planning Commission (PC). He said that the PC had completed an
extensive study on this Issue and along with City Council had produced the guidelines
currently in effect. He commented that it would be wonderful if you could buy a piece of
property and have the view guaranteed, but that is not possible. He stated that as long
as the project falls within the policy guidelines, he does not believe that the PC has any
right to deny this request.
Commissioner Shanks said that even if the applicant were denied the additional 2 feet
above the height limit, views are still going to be lost by constructing a second story. As
such, he stated that he could not justify turning down this request.
Commissioner Ladner stated that if the precedent has been set and the gUidelines are
In place, there is really nothing the PC can do other than approve this application.
Commissioner Deaton stated that she was in agreement with Commissioner Shanks.
She stated that the PC should be concerned about views, but when 25 feet by right
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of Apnl 9, 2003
obstruct a view, that view is mostly sky, and she does not believe that views of the
ocean Will be obstructed as a result of this HV.
Chairperson Hood reiterated that the second story would obstruct the view more than
the additional 2 feet above the 25-foot height limit. He also noted that because the PC
had approved similar applications in the past, he did not believe that the PC would be
justified in denying this request.
MOTION by Ladner; SECOND by Deaton to approve Height Variation 03-3, subject to
conditions, and adopt Resolution 03-15 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hood, Deaton, Ladner, Shanks, and Sharp
None
None
Mr. Abbe advised that the adoption of Resolution No. 03-15 begins a 10-day calendar
appeal penod to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
He also noted that the adoption of Resolution No. 03-14 for Minor Plan Review 03-4
begins a 10-day calendar appeal period to the City Council. The Commissioner action
tonight is final and the appeal period begins tomorrow morning.
3. Conditional Use Permit 03-2
142-8 Main Street
Applicant/Owner:
Request:
James Markham/Glenn Jones
To install a walk-up/take-out only (10 seats or less)
restaurant on Main Street. Specifically, the applicant has
requested the ability to sell pizza and associated products
Recommendation:
Approval subject to conditions and adoption of Resolution
03-16
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 in January 2003 the Planning Commission (PC) had voted 4-0 to forward a
recommendation to City Council (CC) to allow this type of land use on Main Street. He
said that CC subsequently voted 4-0 to approve this land use. He indicated that the
definition of a walk-up/take-out restaurant is an establishment that provides 10 seats or
less. He then descnbed the layout of the restaurant. He said that Staff recommends
approval, subject to conditions as listed in Draft Resolution 03-16. He noted for the
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of Aprtl 9, 2003
record that two letters in opposition to this request were received and are on file In the
Department of Development Services.
Commissioner Questions
Commissioner Deaton requested clarification of the restaurant layout. She said that she
believed the trash issue had already been addressed because the prior lessee did not
have a separate trash bin and the new business owner does. She asked if the applicant
would have a trash bin Mr. Cummins stated that Orange County health standards
require that businesses have trash pickup, but not every business has its own trash
dumpster in the rear alley, provided they meet the County health standards.
Commissioner Shanks asked what type of business was previously at this location. Mr
Whittenberg responded that this was previously a shop where Hawaiian clothing and
accessories were sold.
Public HearrnQ
Chairperson Hood opened the public hearing.
Mr. James Markham stated that a trash dumpster is already available in the rear for the
exclUSive use of the pizza restaurant. He reported that the previous use was the sale of
Hawaiian items, clothing, snow cones, coffees, etc. He said it was already a health
permitted establishment. He noted that he had been told by the property owner that
there was a dumpster in the rear of the store, but since then It has been removed and
another has been set up in its place.
Commissioner Ladner asked for clarification of the plans showing a 12-foot width for the
store, but this does not reach to the property line. Mr. Markham stated that between the
properties there is a stairwell that goes to the property above. Commissioner Ladner
asked what the width of the property at the doorway would be. Mr. Markham stated that
at the door the width is approximately 12-feet. Mr. Whittenberg explained that the lot is
25 feet wide and right next door is a psychic business on the same property.
Mr. David Rosenman said that he had not received a copy of the Notice of Public
Hearing He stated that his concern is that in the future the applicant may want to serve
beer with the sale of pizza. He recommended continuing this item for further review.
Commissioner Deaton asked Mr. Markham if he owned other pizza restaurants. He
confirmed that this was correct. Commissioner Deaton asked If he served alcohol in his
other establishments. Mr. Markham reported that he did not. He said that CC had also
Inquired as to whether he would be serving alcohol. He stated that this is definitely
something he does not intend to do.
There being no one else Wishing to speak, Chairperson Hood closed the public hearing.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of Apnl 9, 2003
Commissioner Comments
Commissioner Deaton noted that this item was thoroughly discussed when the
Determination of Zoning was reviewed for recommendation to the City CouncIl. She
said that she has received no comments in the negative, and the only comments she
has received were regarding concerns over trash in the alley, which has been
addressed by Mr Markham. She also noted that Mr. Markham has shown that he is not
interested in selling alcohol as his other establishments do not sell beer. She
recommended approval.
MOTION by Deaton; SECOND by Sharp to approve Conditional Use Permit 03-2,
subject to conditions, and adopt Resolution 03-16 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hood, Deaton, Ladner, Shanks, and Sharp
None
None
Mr. Abbe advised that the adoption of Resolution No. 03-16 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
SCHEDULED MATTERS
Adoption of Resolution 03-9 denying General Plan Conformity - Bolsa Chica Street
Waterline Easement (Brightwater Proposed Water Transmission Line Route).
Chairperson Hood stated that he would leave Council Chamber during this vote, as his
home is located within 300 feet of the easement.
Mr. Cummins stated that at the last PC meeting the Commission had directed Staff to
draft a resolution finding Inconsistency With the proposed waterline and the City's
General Plan (GP).
Commissioner Shanks commended the ASSOCiate Planner for the manner in which
Resolution 03-9 is worded.
MOTION by Deaton; SECOND by Ladner to approve Resolution 03-9 as presented
denYing General Plan Conformity - Bolsa Chica Street Waterline Easement
(Brightwater Proposed Water Transmission Line Route).
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Ladner, Shanks, and Sharp
None
None
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City of Seal Beach Planmng Commission
Meetmg Mmutes of Apnl 9, 2003
ABSTAIN:
Hood
STAFF CONCERNS
Mr. Whittenberg reported that the meeting scheduled for Wednesday, Apnl 23, 2003,
would be canceled due to a lack of business.
Chairperson Hood returned to Council Chambers.
Mr Whittenberg stated that City Council would be conducting ItS hearing on General
Plan Amendment 03-1, Zone Change 03-1, and Zone Text Amendment 03-1 for the
Seal Beach Boulevard L-C Zone, and would also review the PC recommendation
regarding review of the parking regulations that currently exist on Seal Beach Boulevard
between Electric Avenue and Pacific Coast Highway. He noted that CC would also be
considering an Item as to whether or not to instruct Staff to proceed with the
recommendations to eliminate expansions to nonconforming uses as determined by the
PC at ItS prevIous meeting
Mr. Abbe reported that the decision on the Bolsa Chica Waterline may be appealed to
City Council. He stated that the 10-day calendar appeal period begins tomorrow
morning.
COMMISSION CONCERNS
Commissioner Deaton asked if any plans are anticipated for John's Food King. Mr.
Whittenberg stated that Staff has received plans that would provide up to a maximum of
7 different businesses within that building area. Commissioner Deaton asked if this
would be by right, as this could create a parking nightmare. Mr. Whittenberg stated that
this would be by nght and parking is based upon the square footage of the building for a
market or retail use. He said that the standards would be different if it were a restaurant
or walk-up/take-out use Commissioner Deaton inquired as to whether this might be
another market. Mr. Whittenberg stated that an application for this use could certainly
be made, but John's Food King was not supported and the competitive marketplace
makes this an unlikely outcome.
Commissioner Sharp stated that he was in the market business for more than 30 years
and several years ago it became evident that independent markets would not be able to
compete with the large chain stores.
Mr. Abbe reported that he would not be in attendance at the meeting of May 7, 2003,
but Mr. Terence Boga would be present.
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ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:15 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secre ry
Planning Department
APPROVAL
City of Seal Beach Plannmg Commission
Meetmg Mmutes of Apnl 9, 2003
The Commission on May 7, 2003, approved the Minutes of the Planning Commission
Meeting of Wednesday, April 9, 2003. C ---'- .
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