HomeMy WebLinkAboutPC Min 2003-07-09
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for July 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.
o 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 Planmng Commission · Agenda of July 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 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 distnbute, 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 July 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 RECEIVE AND FILE. Information Reports
2 Minor Plan Review 03-11
112 Ocean Avenue
Applicant/Owner
Request
Brent Sears/Carl LaBarbera
To construct a deck Into th reqUired setback area Additionally, the
applicant IS proposing a bUilt-In BBQ, fireplace, and waterfall to be
located In the rear and side yard setback areas
Recommendation
Approval subject to conditions and adoption of Resolution 03-30
VI SCHEDULED MATTERS
VII PUBLIC HEARINGS
3 Height Vanatlon 03-4
B-94 Surfs Ide
Applicant/Owner
Request
Tony & Jill Nagy
To construct a Covered Roof Access Structure (CRAS) In excess of the
35-foot height limit Specifically, the CRAS would exceed the heIght limit
by approximately 5 feet.
Recommendation
Approval subject to conditions and adoption of Resolution 03-29
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Cdy of Seal Beach Planmng Commission · Agenda of July 9, 2003
4 Site Plan Review 03-1
Ayres Hotel (Bixby Old Ranch Town Center)
Apphcant/Owner
Request
Recommendation
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
Donald B Ayres
Add a rental car agency land use When the City first approved the Site
Plan Review for that parcel this land use was not contemplated and was
not approved at that time
Approval subject to conditions and adoption of Resolution 03-31
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July 23
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Oct 22
Nav5
Nav 19
Dee 3
Dee 17
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TO BE SCHEDULED:
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Study Session'
Staff Report
Study Session
Study Session
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City of Seal Beach Planmng Commission · Agenda of July 9, 2003
2003 Aaenda Forecast
Minor Plan Review 03-12 - 3809 Plymouth Drive
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 July 9, 2003
Chairperson Hood called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, July 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
MOTION by Shanks; 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.
CONSENT CALENDAR
1. RECEIVE AND FILE: Information Reports
1 These Minutes were transcnbed from audiotape of the meeting
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of July 9. 2003
2. Minor Plan Review 03-11
112 Ocean Avenue
Applicant/Owner:
Request:
Brent Sears/Carl LaBarbera
To construct a deck into the required setback area.
Additionally, the applicant is proposing a bUilt-in BBQ,
fireplace, and waterfall to be located in the rear and side
yard setback areas.
Recommendation:
Approval subject to conditions and adoptIon of Resolution
03-30.
MOTION by Sharp; SECOND by Ladner to approve the Consent Calendar 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. 03-30 begins a 10-day calendar
appeal penod to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
3. Height Variation 03-4
B-94 Surfside
Applicant/Owner:
Request:
Tony & Jill Nagy
To construct a Covered Roof Access Structure (CRAS) in
excess of the 35-foot height limit. SpeCifically, the CRAS
would exceed the height limit by approximately 5 feet.
Recommendation:
Approval subject to conditions and adoption of Resolution
03-29.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of July 9, 2003
Staff Reoort
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 Code provisions allow Covered Roof Access Structures (CRAS) to exceed
the height limit by no more than 7 feet subject to a public hearing before the Planning
Commission (PC). He said that the proposed structure would exceed the height limit by
approximately 5 feet and would include a straight run stairwell. He explained that the
maximum dimensions for a CRAS are 9 feet 6 inches x 4 feet and this application meets
those design guidelines. He said that Staff is recommending approval, subject to
conditions as outlined in the draft resolution.
Commissioner Questions
Commissioner Shanks asked if there were any procedure for the Surfside Colony
approving or making recommendation for this type of structure in Surfside. Mr.
Cummins stated that the Architectural Review Board must grant their approval of the
project before the public hearing application will be accepted by Staff.
Public Hearina
Chairperson Hood opened the public hearing.
There being no one wishing to speak, Chairperson Hood closed the public hearing.
Commissioner Comments
None.
MOTION by Sharp; SECOND by Deaton to approve the Height Variation 03-4 and
adopt Resolution 03-29 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. 03-29 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. Site Plan Review 03-1
Ayres Hotel (Bixby Old Ranch Town Center)
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of July 9, 2003
Applicant/Owner:
Request:
Donald B. Ayres
Add a rental car agency land use. When the City first
approved the Site Plan Review for that parcel this land use
was not contemplated and was not approved at that time.
Recommendation:
Approval subject to conditions and adoption of Resolution
03-31 .
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 there were provisions In the Bixby Plan and Development Agreement that
required each development area within the Bixby Plan to come before the PC for a Site
Plan Review to ensure that the proposed buildings and land uses were in conformance
with what the City had previously approved. He said that when the hotel property came
before the PC, the PC did not contemplate this particular land use for a rental car
agency. He indicated that approximately one month ago Staff received a business
license request from Enterprise Rent-A-Car to operate a rental car agency at the Ayres
Hotel. He said that Staff contacted Enterprise and informed them that they would need
to go through this entitlement process in order to operate their business out of the Ayres
Hotel and they informed Staff that they had already been open for approximately two
months. Staff then informed Enterprise that they would have to cease operation until
they filed for the necessary Site Plan Review (SPR) and they indicated that they would
prefer to stay open during this time period. Mr. Cummins reported that typically that
what happens in this type of situation is that rather than forward the matter to the City
Attorney for prosecution, Staff stays that until the PC makes a determination one way or
the other, if the applicant in good faith submits all of the requisite paperwork, which the
applicant has done. He reported that this is not a traditional rental car office with a fleet
of rental cars in the parking lot, but they rent cars to hotel guests and the cars are
shuttled In from an off-site location. He stated that Enterprise has reported that no
unrented rental cars are kept on the property at any time. He said that in Staff's opinion
the concept of a rental car agency at the hotel is not a problem. He indicated that the
only real problem might arise if there are unrented rental cars at the site. He noted that
currently there are no parking standards for a rental car office, so from the standpoint of
Staff, if the PC is comfortable with the land use at the hotel, Staff believes that it would
be acceptable to approve this permit provided that there are no more than 2 unrented
rental cars in the parking lot at any time. He reported that the hotel has 104 rooms and
117 parking stalls, so they are currently over parked by 13 parking stalls, given current
Code provisions for a hotel. He noted that in all likelihood Staff would not be able to
monitor this on a daily basis. Mr. Cummins ended by stating that Staff is making no
recommendation, but will leave it to the pleasure of the PC.
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of July 9, 2003
Commissioner Questions
Commissioner Shanks asked if Enterprise currently possesses a business license. Mr.
Cummins reported that they did not.
Chairperson Hood asked if Enterprise is currently operating. Mr. Cummins confirmed
that they are currently in business.
Commissioner Deaton asked if Enterprise had applied for a business license before
they opened and were denied, or did they open for business first and then apply for the
license. Mr. Cummins stated that he would allow the applicant to speak to why they are
doing business. He said that they did apply for the business license after they had
already opened for business. Commissioner Deaton asked if there have been any
complaints form the neighboring businesses. Mr. Cummins stated that he is not aware
of any complaints.
Commissioner Ladner asked where the parking area for the rental cars would be and if
they would be visible from Seal Beach Boulevard (SBB). Mr. Cummins indicated that
the parking area stretches along the rear of the hotel and is visible from SBB at the
1-405 overcrossing because the parking lot is at a lower elevation.
Commissioner Sharp asked how close the nearest Enterprise office from which the
rental cars are to be shuttled is located. Mr. Cummins stated that the applicant could
respond to this question.
Public Hearina
Chairperson Hood opened the public hearing.
Mr. Phil Dolan, General Manager of the Ayres Hotel, stated that they have no objections
to the conditions as they appear in the draft resolution. Commissioner Sharp asked that
Mr. Dolan respond to his question about the nearest Enterprise office. Mr. Dolan stated
that this office is located in Westminster, approximately 3-3.5 miles from the Ayres
Hotel. Commissioner Sharp asked if guests are driven to this location or if the rental car
is delivered to the hotel. Mr. Dolan stated that guests can be driven to the rental
location or for their convenience the rental car can be driven to the hotel and made
available for them at the time for which they have reserved the vehicle. Commissioner
Ladner asked if there were overnight parking of the rental cars. Mr. Dolan said there
might be, but it would be for no more than 2 vehicles at a time as set forth in the
conditions of approval, but if necessary Enterprise could still provide service without
having any rental cars parked at the hotel. Commissioner Sharp stated that his concern
was about the number of cars waiting for return to the agency location that might be
parked in the hotel parking lot at anyone time. Mr. Dolan stated that 25-30% of hotel
guests are dropped off via taxi or shuttle service and some of them carpool, so not
every guest in the hotel arrives in a car.
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CIty of Seal Beach Planning CommIssIon
Meeting Minutes of July 9, 2003
There being no one wishing to speak, Chairperson Hood closed the public hearing.
Commissioner Comments
Commissioner Sharp asked Staff if there were any way of enforcing the requirement for
no more than 2 rental cars in the parking lot at anyone time. Mr. Cummins stated that
In the event that this becomes a problem, the hotel would probably be receiving
complaints of a lack of parking before the City would. He indicated that should this
become a serious problem, the PC could revoke the Site Plan Review (SPR), as the
applicant would be in violation of the conditions of approval. He noted that the PC could
make SPR 03-1 subject to a 12-month review period to ensure that the applicant
remains in compliance with all of the conditions of approval.
Commissioner Deaton asked should the City make findings that the applicant is in
violation of the conditions of approval, would revocation of the SPR be a fairly simple
process. Mr. Abbe stated that if the finding were made that they are not in compliance
with the conditions of the SPR and this is supported by evidence, the PC would
definitely have the authority to revoke the SPR.
Commissioner Shanks stated that it would be almost impoSSible to enforce this,
because if several guests have rented cars for use during their stay, it would be difficult
to determine whether the Enterprise cars parked in the hotel lot are rented or unrented
cars. He then commented that he hates it when people come in and are told they are
doing something that is not legal and they literally tell the City to "go fly a kite," and
continue doing something without a business license and against City Code. He said
that theoretically business people are supposed to know to check with City Hall before
they do things like this. He noted that this makes one leery of whether they will follow
through in the future with City regulations.
Commissioner Deaton said that if there are too many rental cars in the hotel parking lot,
other hotel guests will move over into the next parking lot creating a parking problem.
She asked If there were a way to condition the SPR in a manner that would address the
issue of parking problems.
Commissioner Sharp stated that the condition of having only 2 Enterprise cars parked in
the lot at anyone time would not take into account the cars already rented by hotel
guests. Mr. Whittenberg noted that the language states "two unrented cars." With
regard to making the SPR conditioned contingent upon a parking problem, Mr.
Whittenberg state that it would be more practical to deal with this only if it becomes an
issue. Commissioner Sharp stated that he would be in favor of the 12-month review.
Commissioner Deaton asked Mr. Abbe whether it would be wise to include a specific
condition regarding parking problems. Mr. Abbe stated that it would be easier at the
12-month review If a specific condition were included and for which it was found the
applicant was in noncompliance.
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CIty of Seal Beach Planmng CommIssIon
Meetmg Mmutes of July 9. 2003
Commissioner Sharp asked if there were a problem 6 months from now, would the PC
have to wait until the end of the 12-month review before taking action. Mr. Abbe stated
that if the applicant were in violation, the SPR could be revoked at any point.
MOTION by Hood; SECOND by Deaton to approve the Site Plan Review 03-1 subject
to a 12-month review period and adopt Resolution 03-31 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. 03-31 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 reported that an appeal on the PC's decision to approve Minor Plan
Review 03-9 for 42 Riversea Road was filed, and the public hearing before City Council
is scheduled for July 14, 2003. He also reported that the City Council public hearing for
the Boeing Project EIR and the Specific Plan, etc., is scheduled for July 28,2003.
COMMISSION CONCERNS
Commissioner Shanks asked when the Housing Element would be available for review
by the PC. Mr. Whittenberg stated that meetings between the City Attorney's office and
the consultants to finalize this document are to be scheduled within the next two weeks.
Chairperson Hood stated that he wished to comment on the high quality of cooperation
and professionalism of the PC during his tenure, and in particular with the current
Commission. He complimented the Commission for its ability to work together,
specifically in reviewing the documents for the Boeing Project. He also commended
Staff for their contributions and for their knowledge and hard work, and thanked Mr.
Abbe for his guidance. He then proceeded to thank the Executive Secretary for
production of the meeting minutes, and the SBTV-3 television crew for videotaping of
the Planning Commission meetings. Chairperson Hood then stated that he was very
proud to have been a member of the PC for the past 7 years and to have served as the
Chairperson for the past 4 years. He explained that his term would end in April 2004
before the next term of Chairperson begins, meaning that he would have to vacate this
position before its term has ended. He ended by stating that tonight would be his last
meeting of the PC as he had submitted his resignation to Mayor Patty Campbell, who
will designate a replacement for this vacancy. He said he was proud to have served for
7 years as a Commissioner and to have served as Chairperson.
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ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:05 p.m.
Respectfully Submitted,
C' A\.. "-~ A.A. ~~ __
Carmen Alvarez, Executive Secre{ary
Planning Department
APPROVAL
CIty of Seal Beach Planmng CommIssIon
Meetmg Mmutes of July 9, 2003
The Commission on July 23, 2003, ap~d the Minutes of the Planning Commission
Meeting of Wednesday, July 9, 2003. .
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