HomeMy WebLinkAboutPC Min 2003-11-05
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for November 5,2003
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - Henry Eagar
Dlstnct 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
[J Copies of staff reports and/or wntten matenals on each agenda Item are on file in
the Department of Development Services and City libranes for public inspection
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City of Seal Beach Planning Commission · Agenda of November 5, 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 distribute, you should have enough copies
for all Planning Commissioners, City staff and the public. Please give one to the
secretary for the City files. The documents become part of the public record and will not
be returned.
CONSENT CALENDAR: Consent Calendar items are considered routine items that
normally do not require separate consideration. The Planning Commission may make
one motion for approval of all the items listed on the Consent Calendar.
SCHEDULED MATTERS: These items are considered by the Planning CommiSSion
separately and require separate motions. These transactions are considered
administrative and public testimony is not heard.
STAFF CONCERNS: Updates and reports from the Director of Development Services
(Planning and Building Departments) are presented for information to the Planning
Commission and the public.
COMMISSION CONCERNS: Items of concern are presented by the Planning
Commissioners and discussed with staff.
All Droceedinas are recorded
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City of Seal Beach Planning Commission
Agenda for November 5, 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 October 22,2003
2 RECEIVE AND FILE Information Reports
3 Minor Plan Review 03-13
91 Rlversea Road
Applicant/Owner
Request
Lawrence Williams / L1NC Housing LLC
To construct a 2-story mobile home within the Seal Beach Trailer Park
The applicant proposes to add a 2nd story cabana and do some Interior
remodeling The structure Will be less than 25 feet In height
Approval subject to conditions and adoption of Resolution 03-43
Recommendation
VI SCHEDULED MATTERS
4 Planning Commission conSideration to cancel meetings of November 19, 2003 and December
17, 2003 due to the holiday season
VII
PUBLIC HEARINGS
5 Conditional Use Permit 01-8 (Indefinite Extension)
209% Main Street
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City of Seal Beach Planning Commission · Agenda of November 5, 2003
Applicant/Owner
Request
Recommendation
Julie Beck / Flora Trostler
To continue to operate a personal fitness training studio on Main St
Approval subject to conditions and adoption of Resolution 03-44
6 Conditional Use Permit 03-6 (Continued from October 8,2003)
900 Ocean Avenue (Ruby's Restaurant)
Applicant/Owner
Request
Recommendation
Fred LeFranc / City of Seal Beach
To have outdoor dining Additionally, as Ruby's has a beer and wine
license, the CUP will Include an amended floor plan to Include the
outdoor dining area with respect to beer and wine service The outdoor
dining area will seat approximately 54 patrons and will Include nine 4-
person tables, 1 two-person table, and 16 seats along a counter, which
will face out towards the end of the pier As part of this application, the
applicant IS proposing to remodel the City bait & tackle shop. to
accommodate new public ADA accessible restrooms. a new sink to clean
fiSh, expanded ADA access along the pier, a new trash enclosure with a
roll down door, and minor changes In the layout of the pier to help aid In
emergency services access
Approval subject to conditions and adoption of Resolution 03-38.
7. Negative Declaration 03-1 (Continued from September 17. 2003)
City of Seal Beach General Plan & Local Coastal Program
CitYWide (General Plan) Coastal Zone (Local Coastal Program)
Applicant/Owner
Request
Recommendation
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
City of Seal Beach
Adopt resolutions recommending that the City Council adopt The Draft
Negative Declaration, The General Plan Amendment, and the proposed
Local Coastal Program
Approval by adoption of Resolution Nos 03-34 and 03-40, regarding
approval of Negative Declaration 03-1 and approval of the Draft General
Plan with revIsions Table consideration of the Draft Local Coastal
Program
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City of Seal Beach Planmng Commission · Agenda of November 5, 2003
Nay 19
2003 Aaenda Forecast
Dee 3 Presentation - Orange County Water District
Study Session - Expansion and Addition to Legal Non-Conforming ReSidential
Structures
Dee 17
TO BE SCHEDULED:
1:1 Study Session
1:1 Staff Report
1:1 Study Session
1:1 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
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of November 5, 2003
Chairperson Sharp called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, November 5,2003. The meeting was held in the
City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Sharp, Commissioners Deaton, Eagar, Ladner, and Shanks
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Alexander Abbe, Assistant City Attorney
Absent: Mac Cummins, Associate Planner
AGENDA APPROVAL
Mr. Whittenberg reported that Item No.5, Conditional Use Permit 01-8 (Indefinite
Extension), should be removed from the Agenda as the Sun Newspaper neglected to
publish the public hearing notice, so this item will have to be re-advertised for the
December 3, 2003 meeting.
MOTION by Deaton; SECOND by Shanks to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
ORAL COMMUNICATIONS
Chairperson Sharp opened oral communications.
Mr David Rosenman reported that the plantings located in the shopping area on the
northwest corner of Main Street and Pacific Coast Highway are In need of attention.
1 These Minutes were transcnbed from audiotape of the meeting
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of November 5, 2003
There being no one else wishing to speak, Chairperson Sharp closed oral
communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of October 22, 2003.
2. RECEIVE AND FILE: Information Reports
3. Minor Plan Review 03-13
91 Riversea Road
Applicant/Owner:
Request:
Lawrence Williams I L1NC Housing LLC
Architectural revIew of a new two-story cabana. The
proposed structure will provide a total of 1944 square feet of
living area; however, the total new 2nd floor area is 62.5
square feet.
Recommendation:
Approval subject to conditions and adoption of Resolution
03-43.
MOTION by Shanks; SECOND by Deaton to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Abbe advised that the adoption of Resolution No 03-43 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
4. Planning Commission consideration to cancel meetings of November 19, 2003 and
December 17, 2003 due to the holiday season.
MOTION by Deaton; SECOND by Ladner to cancel the scheduled Planning
Commission meetings of November 19, 2003 and December 17, 2003 due to the
holiday season
MOTION CARRIED: 5 - 0
AYES: Sharp, Deaton, Eagar, Ladner, and Shanks
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of November 5, 2003
NOES:
ABSENT:
None
None
PUBLIC HEARINGS
5. Conditional Use Permit 01-8 (Indefinite Extension)
209% Main Street
Applicant/Owner:
Request:
Julie Beck I Flora Trostler
To continue to operate a personal fitness training studio on
Main St.
Recommendation:
Continue to December 3, 2003.
6. Conditional Use Permit 03-6 (Continued from October 8, 2003)
900 Ocean Avenue (Ruby's Restaurant)
Applicant/Owner:
Request:
Fred LeFranc I City of Seal Beach
To have outdoor dining. Additionally, as Ruby's has a beer
and wine license, the CUP will include an amended floor
plan to Include the outdoor dining area with respect to beer
and wine service. The outdoor dining area will seat
approximately 54 patrons and will include nine 4-person
tables, 1 two-person table, and 16 seats along a counter,
which will face out towards the end of the pier. As part of
this application, the applicant is proposing to remodel the
City bait & tackle shop, to accommodate new public ADA
accessible restrooms, a new sink to clean fiSh, expanded
ADA access along the pier, a new trash enclosure with a roll
down door, and minor changes In the layout of the pier to
help aid in emergency services access.
Recommendation.
Approval subject to conditions and adoption of Resolution
03-38.
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on thiS item and
noted that two separate Staff Reports on Conditional Use Permit (CUP) 03-6 were
prepared and have been provided to the Planning Commissioners and made available
to the public tOnight He explained that the initial Staff Report was previously prepared
with a Supplemental Staff Report prepared today after receipt of a letter from the
California Coastal Conservancy (CaICC) on a revised plan forwarded by Staff at the end
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of November 5, 2003
of last week. He stated that the CalCC responded that they are in agreement with the
revised plans submitted to them for consideration. He said that Ruby's wishes to have
a 588 square foot outdoor dining area on the end of the pier off the restaurant facility
with a seating capacity of 49 persons. Fifteen of those seats would be provided at a
counter that would face toward the end of the ocean side of the pier. He indicated that
the Initial proposal was to add 691 square feet and provide seating for 54 people. He
said that there are a number of existing agreements with the Wildlife Conservation
Board (WCB) and the CalCC related to the allocation of state funds for assistance in
repainng the pier after the 1983-84 storm damage and for rebuilding of the restaurant
bUilding. He Indicated that because of these agreements, the WCB and CalCC are
required to review and approve the plans for any major changes in the structures on the
pier. He Indicated that formal letters were sent to the WCB and CalCC requesting
responses by a specific date, but only the WCB responded within the time limit and
indicated that they were in agreement with the plans as presented. He said that the
CalCC had initially responded that the proposed deck area for the patio dining area
extended too far into the end of the pier. He stated that the initial proposal was to have
a 9-foot distance from the end of the pier to the wall separating the outdoor dining area
from the public walking and fishing area of the pier, but the CalCC indicated that they
would like to see a 12-foot distance. He said that Staff reviewed the plans and found
that if the wall near the seating area were moved back 3 feet, 50-60 percent of the
proposed seats would be lost. He explained that Staff had prepared a revision to the
proposal that moves the wall back 10 feet from the end of the pier for a distance of
approximately 31-feet along the length of the pier, and on the ends of the patio area
moves the wall back 12 feet. He indicated that this is the plan with which the CalCC IS
in agreement. He stated that in addition to the proposed revision for the outdoor dining
area there is also a CUP on the property for the sale of beer and wine that was granted
upon approval by City Council In 1988. He said that this IS the reason for the
application for CUP 03-6. The Director of Development Services explained that when a
City approves an ABC license of any kind, the City will also approve a specific
seating/floor plan for the facility, and any change to that plan requires a public hearing
before the Planning Commission (PC) for further consideration or approval. He said
that there are also other proposed modifications to the pier area that are not a part of
CUP 03-6, but are items that will be considered by the California Coastal Commission
(CCC) so Staff wanted to include these as a part of the Staff Report. He indicated that
the major change would be to the existing bait shop and sports fishing use on the pier
that has been closed down for about 3 years. He said that the City has attempted to
find another operator for this facility, but has had no response. He noted that the City
Manager's office has indicated that they see no possibility of this use being retained on
the pier, so they looked at other uses. He stated that Ruby's has proposed to convert
half of the building into a separate public restroom facility so that fish cleaning tasks
would not take place In the restaurant restrooms. He continued by stating that the other
half of this building would be used for an enclosed covered trash area with a solid
closure gate for use by the restaurant. He said that the eXisting trash area for the
restaurant would be removed and opened up for an additional fishing area. He stated
that the proposal also includes additions to the eXisting restaurant bUilding for additional
food storage and preparation areas. Mr. Whittenberg then noted that the last major
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CIty of Seal Beach Planmng CommIssIon
Meetmg Mmutes of November 5, 2003
change is that the existing ramp structure formerly used by the sports fishing operation
is scheduled for removal opening up more of the pier area for fishing
Commissioner Questions
Commissioner Deaton asked what kind of notice was mailed out. Mr. Whittenberg
stated that for public hearings notice is circulated to residents within 300 feet from the
City property on which the restaurant IS located, which includes Eisenhower Park.
Commissioner Deaton confirmed that residents within 300 feet of Eisenhower Park
received notice. Mr. Whittenberg confirmed that this was correct Commissioner
Deaton asked if anything was published in the newspaper. Mr. Whittenberg stated that
public notice was published in the Sun Newspaper as required. Commissioner Deaton
asked if any communications for or against this application were received. Mr.
Whittenberg reported that no communications were received. Commissioner Deaton
stated that if the restaurant would be asking to serve hard liquor in addition to beer and
wine. Mr. Whittenberg stated that Ruby's would continue to serve only beer and wine.
Commissioner Deaton asked If the new lease had been negotiated. Mr. Whittenberg
stated that he was not certain of the terms of the lease, as this IS not a function of the
Department of Development Services. He said that the property manager for the City is
present tonight and he could address this question during the public hearing.
Commissioner Deaton asked who would be responsible for maintenance of the outside
restrooms. Mr. Whittenberg reported that Ruby's Diner would be responsible for this.
Commissioner Deaton asked if the oilrig boats would no longer be able to use the ramp
on the pier. Mr. Whittenberg stated that the separate smaller ramp that branched oft the
end of the large ramp is the one to be removed, so the oilrig boats would still have
access to the pier via the remaimng larger ramp.
Commissioner Shanks stated that in 1993-94 there had been a tram to take customers
to the end of the pier to Ruby's Diner. He asked if there had been any discussion of
using the tram. Mr. Whittenberg stated that his understanding is that the lease does not
provide for the tram and the City no longer allows it because of the wear and tear to the
pier. Commissioner Shanks confirmed that there would no longer be access to the half-
day or day long fishing boats after the smaller section of the ramp is removed. The
Director of Development Services confirmed that this was correct Commissioner
Shanks asked how trash IS to be removed from Ruby's. Mr. Whittenberg stated that
representatives of Ruby's would address this during their presentation.
Chairperson Sharp asked if the restrooms were to be co-ed. Mr. Whittenberg indicated
that they would and there would be two separate restrooms with locking doors.
Chairperson Sharp recommended that because these are solid locking doors with solid
walls surrounding the restrooms, for the safety of children on this area of the pier,
latticework should be used on the walls above the doors to enable the public to hear
any unusual noises coming from the restrooms
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of November 5, 2003
Public Hearina
Chairperson Sharp opened the public hearing.
Mr. Fred LeFranc, President of Ruby's Diner, stated that having completed lease
negotiations he has been working with City officials as well as the property management
company to bring forward a recommendation for the patio addition. He indicated that
Ruby's has attempted to comply with all of the City's requirements, including removal of
the trash area to allow for more public space for fishing and walking, and by uSing the
former fish and bait shop for both the public restrooms and the enclosed trash area. He
said that he believed the latticework as recommended by Chairperson Sharp would be a
good idea for the reasons stated. He said he would be available to respond to
questions from the public or the Commissioners.
Mr David Rosenman stated that Commissioner Deaton had elucidated the notice
problem. He said that the PC might want to instruct Staff that in the future a quarter
page or half page ad be used to ensure that the public is made aware of upcoming
public hearrngs. He commented that the external part of the pier is sacred to many
residents and no decisions should be made without getting public input. He noted that
when the last proposal was presented because of concerns expressed by two council
members, the head of the Department of Fish & Game came down to look at the pier
and there was concern about public access to the back of the pier. He said he has no
problems with the current configuration of the restaurant or using the former fish and
bait facIlity for new public restrooms. He said he objects to the encroachment on the
public rrght-of-way, as he walks the pier every day and this would not enhance hIs
experience of it. He stated that he does not believe the City had fully dealt in good faith
In its communications With the WCB and the Department of Fish & Game since public
input was not solicited. He indicated there had been another bidder on this property
that was considerably richer than what Ruby's had originally offered, but because they
have the right of first refusal, Ruby's met the new terms. He said there is a market for
the property as is, without havIng to put in outdoor dinrng. He recommended allowing
the reconflguration of the Interior of the restaurant, but leaving the exterior as is.
Mr. Whitney Latimer, Chief Financial Officer for Bancap Commercial Real Estate
Services, stated that he was retained by the City of Seal Beach to renegotiate the lease
With Ruby's Diner. He said the lease was negotiated after an extensive RFP process of
which more than 35 local and national restaurants were notified about bidding on the
pier location. He stated that one bid was received and Ruby's had the right to match
that bId, which they did. He explained that a new, 1 O-year lease With two 5-year options
was negotiated and took effect on November 1, 2002. He said that the lease does
require that Ruby's do a major remodel on the pier up to $400,000. He said that as an
independent third party, Bancap Commercial endorses this plan, as aside from what It
will provide to the public, It will provide additIonal revenue to the City. Commissioner
Shanks inquired about the tram. Mr. Latimer stated that the tram was not included in
the new lease Commissioner Shanks asked if the new lease precludes Ruby's from
using the tram. Mr. Latimer stated that the tram IS not addressed in the lease, and the
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of November 5, 2003
City would not allow the tram due to structural Issues on the pier. Chairperson Sharp
Interjected that the lease is not within the prerogative of the PC, but is solely a function
of City CouncIl.
Chairperson Sharp stated that he was serving on the PC when the prevIous proposal for
Ruby's was presented, and the problem then was that the proposal was for a 2-story
building that would include music, a bar that served hard liquor, and would have
essentially been a mghtclub. He noted that none of that IS a part of this proposal.
Mr. LeFranc stated that the intent of Ruby's is to enhance the pier for the citizens of
Seal Beach. He said that as a commercial enterprise Ruby's is interested in increasing
its revenues, but is also interested in increasing revenues for the City. He said that the
bUilding is in need of repair and by elimination of the trash area; this will enhance the
public views. He noted that Ruby's originally began on a pier location and it is part of
the company heritage. He recommended approval of CUP 03-6. Chairperson Sharp
asked when the Ruby's on Westminster Avenue would be opemng. Mr. Le Franc stated
that It would probably open toward the end of the first quarter of next year.
There being no one else wishing to speak, Chairperson Sharp closed the public
hearing.
Commissioner Comments
Commissioner Deaton asked how much clearance is currently available for walking at
the end of the pier. Mr. Whittenberg reported that currently the clearance IS 18-feet.
Commissioner Deaton asked how much is required on a normal sidewalk. Mr.
Whittenberg stated that the minimum allowance for sidewalks is 4 feet. Commissioner
Deaton asked how many residences would have received the public notice. Mr.
Whittenberg noted that the lots on the north side of Eisenhower Park are larger, so 6 to
8 lots on the Gold Coast side and on the southerly side the majority of the lots are 25-30
feet wide, so 10-15 lots would have received notice. Commissioner Deaton stated that
given tonight's discussion, and given the fact that the WCB and CalCC had no
objections, she believes this would be a good improvement and meets the ADA
requirements, and she wished to move to approve after changing the wording on the
condition for the restrooms in order to include the requirement for the latticework. She
recommended having a solid roof with a space for the latticework, so that bird droppings
do not become a problem. She indicated that Staff should have final approval on the
design for the restrooms before construction begins. She emphasized that it would be
best to have a push open door and a separate restroom stall with a separate latch lock
on that door. Mr. Whittenberg stated that based upon the plans, physically there would
not be enough space to create thiS type of configuration He noted that the Sink area
would be a public, Viewable area outside the restroom He also indicated that by law
the door to the restroom must have a lock. He stated that the issue of opening up the
wall in some manner In order to hear anything that might be gOing on can eaSily be
addressed.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of November 5, 2003
Mr Whittenberg suggested adding the following condition to Resolution03-38:
'7he east and north elevations of the restroom area also have a
minimum of louvers or some other opening suitable to the Director of
Development Services for public safety noise monitoring. 11
MOTION by Deaton; SECOND by Shanks to approve Conditional Use Permit 03-6 and
adopt Resolution 03-38 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Abbe advised that the adoption of Resolution No. 03-38 begins a 10-day calendar
appeal period to the City Council The Commissioner action tomght is final and the
appeal period begins tomorrow morning.
7. Negative Declaration 03-1 (Continued from September 17,2003)
City of Seal Beach General Plan & Local Coastal Program
Citywide (General Plan) Coastal Zone (Local Coastal Program)
Applicant/Owner:
Request:
City of Seal Beach
Adopt resolutions recommending that the City Council adopt:
The Draft Negative Declaration, The General Plan
Amendment, and the proposed Local Coastal Program.
Recommendation:
Approval by adoption of Resolution Nos. 03-34 and 03-40,
regarding approval of Negative Declaration 03-1 and
approval of the Draft General Plan With revisions. Table
consideration of the Draft Local Coastal Program.
Staff Report
Mr. Whittenberg stated that a Supplemental Staff Report was prepared and distributed
to the Planning Commissioners. He stated that at the September 17, 2003 public
hearing Staff had reported that they had received an 11-page letter from the California
Coastal Commission (CCC) expressing a number of concerns regarding the Local
Coastal Program (LCP). He noted that at that time Staff requested that the Planning
Commission (PC) continue the public hearing until tonight so that Staff could have the
opportumty to meet with CCC Staff to determine how the issues raised In the CCC letter
might be addressed this evening. He reported that Staff did meet with representatives
of the CCC with the outcome that additional meetings must be held to finalize issues
and draft language revisions to the Draft LCP. He stated that Staff is recommending
that the public hearing on the General Plan (GP) be continued tonight with public
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testimony and once action on the GP is taken, that the LCP be tabled until such time as
it is ready to again be placed on the PC Agenda and be re-noticed. He indicated that
the Supplemental Staff Report proposes a number of revisions to the GP document
based upon further review by the City Manager's Office, the Public Works Department,
and a memorandum provided by Hellman Properties to clarify a number of issues in the
GP regarding their property. He noted that Staff recommends approval of the resolution
as drafted on Page 8 of the Supplemental Staff Report that includes a number of
revisions to vanous elements of the GP He stated that none of these revisions would
require re-circulation of the Negative Declaration (NO) document, and that the pnmary
change IS to conform the GP Land Use and Open Space Element documents to the
adopted Coastal Commission approved plan for the Hellman Property He explained
that when the City approved the Specific Plan (SP) for the Hellman Property, It was
approved as a residential development/golf course with some wetlands to be developed
as a part of the golf course. He said that the project as approved by the CCC deleted
the golf course and established a 100-acre deed-restricted area for future wetlands
restoration, and established a 25-year deed restnction upon the clOSing down of 011
extraction operations on the remaining 50 acres of current oil extraction uses. He
stated that Staff has made the revisions to the Land Use and Open Space Elements of
the GP to reflect these permit conditions as imposed by the CCC. He noted that
language was also added to the Land Use and Open Space Elements that indicates
that within 12 months of the adoption of the GP, Hellman Properties will return to amend
the Hellman Ranch Specific Plan to match the permit conditions as imposed by the
CCC.
Commissioner Questions
Commissioner Deaton asked how the Department of Water and Power (DWP) property
relates to the GP. Mr. Whittenberg stated that the DWP property is still shown as a
Specific Plan with hotel and open space use. Commissioner Deaton asked if the PC
had discussed eliminating this from the current revision of the GP. Mr. Whittenberg
stated that at the September 17, 2003 meeting a copy of the letter was presented that
was sent to Bay City Partners in response to their request for exclusion of this area
because they have a development plan in process for consideration by the City. He
Indicated that the City had responded that it has an adopted plan in effect and sees no
reason to do anything other than thiS plan He said that In order to remove the DWP
property from the GP, the NO would have to be re-circulated as It currently states that
the City is making no changes to land use designations.
Commissioner Shanks asked if the State Lands Property is still a part of the Hellman
Specific Plan. Mr. Whittenberg confirmed that It is stili a part of the plan. Commissioner
Shanks asked If this property would be removed from the Hellman SpecifiC Plan after
the 12-month period. Mr. Whittenberg stated that thiS is uncertain. He said his
understanding is that there are verbal agreements between the State Lands
Commission (SLC) and Hellman Properties to allow Hellman to continue to seek Land
Use entitlements on behalf of the SLC for that property, but were thiS to change, there
would have to be a separate specific plan developed for the State Lands property
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Commissioner Shanks noted that there used to be a plan for a hotel use on this
property. Mr. Whittenberg indicated that this IS no longer in place, as It was overridden
by the Hellman Ranch Specific Plan that included this property, approximately 20-
25,000 square feet of retail uses and an interpretive center that were envisioned to be a
part of the restored wetlands area that would have been part of the golf course. He said
that this IS the current designation In the Hellman Specific Plan for this area that was not
changed under the Coastal Permit. Commissioner Shanks suggested that the City
should send a letter to the State recommending that they sell odd pieces of land that are
not being taxed very high and get them off the ledger.
Mr Whittenberg then reported on the concerns over the noise impacts from the Long
Beach Airport (LBA). He said that the City has received a Notice of Preparation of an
Environmental Impact Report (EIR) by the City of Long Beach to complete terminal
Improvements at the LBA. He said that in a comment letter sent to the City of Long
Beach, the City of Seal Beach indicated that our City has been experiencing different
flight patterns and other issues, and although calls have been made to the LBA and the
City of Long Beach, no response has been received. He stated that he would provide a
copy of this letter to the Planning Commissioners. Commissioner Ladner interjected
that some members of City Council have also expressed concerns regarding the noise
issue.
Commissioner Eagar referred to Page 18 and asked if the reference to "Old Ranch
Neighborhood Park," was in reference to the tennis club. Mr. Whittenberg stated that
this referred to the park that is part of the Centex Homes Development. Commissioner
Eagar then asked if the tennis club was Included in the GP. Mr. Whittenberg stated that
a revision to the GP would have to be made once City Council accepts the dedication of
the tennis club.
Public Hearina
Chairperson Sharp opened the public hearing.
Mr Dave Bartlett stated that he was present tonight representing Hellman Properties,
LLC as well as Bay City Partners. He commented that the Draft GP and LCP are well
prepared, informative, and very comprehensive. He said that once completed they
would be an extremely useful tool for decision makers as well as for the general public.
He commended Staff and the PC for their contributions and dedication of time He then
indicated that he and Mr. Jerry Tone of Hellman Properties had spent a lot of time on
the GP and had sent a written document to the Director of Development Services and
discussed the items and at this point they believe the recommendations made by Staff
have addressed their main concerns With regard to the Ocean Place Project (DWP),
he reported that currently there is an application to change the Land Use from a 150-
room hotel With associated commercial uses and open space, to a down zoning to 39
homes open space dedication and preservation of public access to the beach and along
the San Gabriel River Trail. He said that this project was submitted in August 2003, and
It is their hope that it will continue through the City's processing. He noted that
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community meetings are soon to be scheduled with a Town Hall Meeting scheduled for
November 17, 2003. He stated that if the land use were changed, the potential number
of traffic trips would be reduced by approximately 200%, with less light, glare, and noise
impacts usually associated with commercial development in a residential neighborhood.
There being no one else wishing to speak, Chairperson Sharp closed the public
hearing.
Commissioner Comments
None.
Commissioner Shanks noted a correction to Section 3, Item A, in Resolution 03-34.
MOTION by Shanks; SECOND by Deaton to approve Negative Declaration 03-1 by
adoption of Resolution 03-34 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
MOTION by Shanks, SECOND by Deaton to approve the Draft General Plan with
revisions by adoption of Resolution 03-40 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
MOTION by Deaton; SECOND by Ladner to table consideration of the Draft Local
Coastal Program and instruct Staff to re-notice the public hearing when it is ready to be
placed on the Agenda.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
STAFF CONCERNS
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Whittenberg wished the CommiSSioners a Happy Thanksgiving Holiday. He also
noted that a Study Session on Expansion of Nonconforming Residential Uses has been
scheduled for the December 3,2003 meeting.
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COMMISSION CONCERNS
Commissioner Deaton asked for the date of the Town Hall Meeting on the DWP
property. Mr. Whittenberg stated the date is November 17,2003, but he was not certain
of the time. Commissioner Deaton asked if notice of this meeting would be published.
Mr. Whittenberg stated that he IS not certaIn as Council members Yost and Antos are
scheduling the meetIng. He recommended the public call City Hall for the time of the
meetIng
CommIssioner Deaton asked If the Planning CommissIoners would receive a copy of
the Final GP after CIty Council makes ItS final approval. Mr. Whittenberg stated that
once the final document is approved and adopted all City CouncIl, Planning
Commission, and advisory committee members will receive a copy.
Commissioner Shanks inquired as to when the Housing Element would be finalized.
Mr. Whittenberg stated that Staff would not be working on the Housing Element until
after the first of next year.
Commissioner Eagar stated that he would not be present for the December 3, 2003
meeting.
CommissIoner Shanks inquired about the Bolsa Chica Waterline proposal. Mr.
Whittenberg reported that he had read a recent newspaper article that reported that the
project had been abandoned because the City of Huntington Beach had filed a lawsuit
regarding this matter.
Chairperson Sharp asked if the MWD IS running the trips to enlighten council member
and planning commissioners on water issues? He recommended making arrangements
for new PC members to participate in this orientatIon.
ADJOURNMENT
Chairperson Sharp adjourned the meeting at 8:30 p.m.
Respectfully Submitted,
C'.A.>..~s> ^ "'" \).,..~
Carmen Alvarez, Executive Secre ary
Planmng Department
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APPROVAL
The Commission on December 3, 2003, approved the Minutes of the Planning
Commission Meeting of Wednesday, November 5,2003. ~ .
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