HomeMy WebLinkAboutPC Min 2004-12-08
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for December 8, 2004
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - Gary Roberts
District 5 - Phil Ladner
Deoartment of Develooment Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Christy Teague, AICP, Senior 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 written materials on each agenda Item are on file In
the Department of Development Services and City libraries for public inspection.
The City of Seal Beach complies With the Amencans With Disabilities Act of 1990 If you need assistance to attend thiS meebng,
please telephone the City Clerk's Office at (562) 431-2527 at least 48-hours In advance of the meeting Thank You
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CIty of Seal Beach Planmng CommIssIon · Agenda of December 8, 2004
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 fJroceedinas are recorded.
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The City of Seal Beach complies With the Americans With Disabilities Act of 1990 If you need assistance to attend thiS meetmg,
please telephone the City Clerk's Office at (562) 431.2527 at least 48-hours m advance of the meetrng Thank You
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City of Seal Beach Planning Commission
Agenda for December 8, 2004
7:30 p.m.
I.
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL
II
III
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 be 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 November 3, 2004.
2. Minor Plan Review 04-13
277 Harvard Lane
Applicant/Owner:
Request:
Linda Lee Vieth
To retain a previously constructed spa, 9-foot high
lattice cover structure and posts in the rear and SIde
yard setback areas. The existing structures were
constructed without required approvals and permits.
Page 3 of 5
The City of Seal Beach complies with the Americans With Disabilities Act of 1990 If you need assistance to attend thiS meeting,
please telephone the City Clerk's Office at (562) 431-2527 at least 48-hours In advance of the meeting Thank You
City of Seal Beach Plannmg Commission · Agenda of December 8, 2004
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Recommendation: Approval subject to conditions and adoption of
Resolution 04-57.
VI SCHEDULED MATTERS
3. Planning Commission Interpretation and Discussion of Food Marts and
Other Secondary Uses in Conjunction with Automobile Service Stations in
Seal Beach.
VII PUBLIC HEARINGS
4. Conditional Use Permit 03-7 (Indefinite Extension)
2999 Westminster Avenue, Suite 106 (Fit-4-You)
Applicant/Owner:
Request:
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Meghan Boylan I Rocky Gentner
Approval of Indefinite Extension of a previously
approved Conditional Use Permit to continue utilizing
approximately 834 square feet of a commercial
building for a personal fitness training studio.
Specifically, the applicant is requesting approval to
continue operating "Fit-4-You" personal fitness
training.
Recommendation: Approval subject to conditions and adoption of
Resolution 04-51.
5. Height Variation 04-9
B-5 Surfside
Applicant/Owner:
Request:
Brent Searsl Darrin Lalonde
To construct a non-habitable Covered Roof Access
Structure(s) (CRAS) in excess of the 35-foot height
limit at B-5 Surfside. Specifically, the proposed
structure would exceed the height limit by
approximately 4 feet 6 inches.
Recommendation: Approval subject to conditions and adoption of
Resolution 04-56.
VIII STUDY SESSION
IX STAFF CONCERNS
. X COMMISSION CONCERNS
ADJOURNMENT
XI
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City of Seal Beach Plannmg Commission · Agenda of December 8, 2004
2004 Aaenda Forecast
Dec 22
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The City of Seal Beach complies with the Amencans With Disabilities Act of 1990 If you need assistance to attend thiS meebng,
please telephone the City Clerk's Office at (562) 431-2527 at least 48-hours In advance of the meeting Thank You
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of December 8, 2004
Chairperson Ladner called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m on Wednesday, December 8,2004 The meeting was held In the
City Council Chambers and began with the Salute to the Flag 1
ROLL CALL
Present: Chairperson Ladner, Commissioners Deaton, Roberts, Shanks, and Sharp.
Also
Present: Department of Development Services
Lee Whittenberg, DIrector of Development Services
Christy Teague, AICP, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent:
AGENDA APPROVAL
Mr Abbe noted that Item No. 1 should be removed from the Consent Calendar, as one
of the members would have to abstain from voting on this.
MOTION by Deaton, SECOND by Shanks to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
ORAL COMMUNICATIONS
Chairperson Ladner opened oral communications
Mr. Whittenberg noted that Item No. 3 is a scheduled matter and asked if the Planning
Commission (PC) wished to receive public comment on this item, as It is not a public
hearing item, or if the Commissioners prefer to receive comments as part of the Staff
presentation on this matter.
1 These Minutes were transcnbed from audiotape of the meeting
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CIty of Seal Beach Plannmg CommissIon
Meetmg Mmutes of December 8, 2004
Commissioner Shanks stated that if the PC was in agreement, it might be preferable to
open for public comments after the Staff presentation on this item.
There being no one wishing to speak, Chairperson Ladner closed oral communications
CONSENT CALENDAR
2. Minor Plan Review 04-13
277 Harvard Lane
Applicant/Owner:
Request:
Linda Lee Vieth
To retain a previously constructed spa, 9-foot high lattice
cover structure and posts in the rear and side yard setback
areas. The existing structures were constructed without
required approvals and permits
Recommendation:
Approval subject to conditions and adoption of Resolution
04-57.
MOTION by Shanks; SECOND by Roberts to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
Mr. Abbe advised that the adoption of Resolution No. 04-57 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
1. Approve Planning Commission Meeting Minutes of November 3, 2004.
MOTION by Roberts; SECOND by Sharp to approve the Planning Commission Meeting
Minutes of November 3, 2004.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Deaton, Roberts, Shanks, and Sharp
None
None
Ladner
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of December 8, 2004
SCHEDULED MATTERS
3. Planning Commission Interpretation and Discussion of Food Marts and Other
Secondary Uses in Conjunction with Automobile Service Stations in Seal Beach.
Staff Report
Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) She provided some background information on this item and
stated that Staff is approaching the Planning Commission (PC) requesting direction on
this item. She stated that Mr. Sal Hassan has paid the required fees and has written a
letter (copy attached to Staff Report) regarding secondary uses in conjunction with a
service station, specifically minor restaurant uses and convenience markets or food
markets. She indicated that service stations are allowed in the C-2 General
Commercial Zone subject to a Conditional Use Permit (CUP). She noted Mr. Hassan's
letter states that although automotive service stations and repair with Incidental services
and products are allowed, changes to the market place have made servicing vehicles at
gas stations no longer feasible. Most service stations today offer fuel sales with car
wash, food mart, or fast food services, if the property size allows. His letter also
contends that when the Code was adopted the PC did not envision the change in the
industry, which resulted in food marts not being specifically allowed. Ms. Teague
indicated that Mr. Hassan also states that food marts in service stations increase sales
of fuel by 20-30 percent with food mart sales at approximately $50,000 per month. He
also states that he is not proposing the sale of alcohol at his food mart. The Senior
Planner then added that given the service station industry is changing in the consumer
market place, it IS becoming more common for gas stations to have convenience
markets as part of their operation, and is also increasingly common for service stations
to offer fast foods. She stated that some service station operators do face pressure
from their franchises to increase retail or food services in order to compete for
customers and that not addressing this issue could reduce services to the residents of
Seal Beach and create a possible loss of service stations, fuel services, and
convenience services. She then explained that there has been a trend to reduce minor
automobile servicing such as wheel alignments and oil changes that residents may
have come to expect at service stations; however, without adapting to the market place,
If the franchisees do not allow these services to continue, there would be a change and
loss of service stations. Ms. Teague then stated that one alternative IS to make
convenience markets an allowable use subject to a CUP. She reported that Mr. Hassan
owns twelve other service stations, none of which sell alcohol. She then reviewed the
proposed alternatives as listed on pages 3-4 of the Staff Report.
Commissioner Questions
Commissioner Sharp stated that he recalls that when the PC last reviewed the issue of
convenience stores In service stations it had agreed that absolutely no alcohol would be
sold. Mr. Whittenberg stated that up to this point the sale of alcohol has never been
allowed at service stations. He said that the proposal before the PC tonight would not
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City of Seal Beach Planning Commission
Meetmg Minutes of December 8, 2004
allow alcohol sales. He noted that several of the existing service stations in town have
"mini markets' within the range of 150-200 square feet in size, which are allowed as part
of incidental motorist services under the existing definition in the Zoning Ordinance for
service stations. He said that it has been made very clear to all station operators that
anything larger than 200 square feet would not be permitted under the current
provisions of the Code. He said that the Issue for consideration by the PC is that the
market demands on service stations are changing so that the provision of the traditional
services are not as much of a profit center for operators of these types of businesses.
He explained that Staff has been approached by at least 3 different service station
operators in town indicating that if they are not able to convert some of their service
bays into another use, they will lose the franchise with the gasoline dealer and go out of
business. The Director of Development Services stated that this is a concern, and the
opposite concern is that people will still require minor servicing on their vehicles, and he
suggested that the PC allow Staff to investigate options for changing the Code to allow
conversion of a portion of a service station for use as a mini-mart or fast food service.
He noted that there is only one automobile service garage in the City of Seal Beach
other than what can be found at service stations.
Commissioner Deaton stated that it was her understanding that gasoline taxes are the
number one source of revenue for sales taxes. Mr. Whittenberg stated that he has not
recently seen any numbers on this, but he would think that with the Target and Kohl's
stores going In recently, this has probably changed. Commissioner Deaton stated that
she has her car serviced at a local service station because they are a part of the
community and are "community friendly." She said she is aware of three auto repair
locations within Old Town, and asked If the City could require the service stations to
maintain one manned service bay. Mr. Whittenberg said that if a service station
maintains the ability to provide service, hopefully, people in the community would utilize
these services enough to provide a reasonable cash flow for the station operators.
Commissioner Deaton stated that her major concern with allowing a mini-mart use is the
sale of alcohol, as she considers this completely inappropriate for a gas station. She
also said that she would be a little more uneasy about a restaurant type use at a gas
station. Mr. Whittenberg stated that the conceptual plan provided for the Chevron
station at Westminster Avenue and Seal Beach Boulevard (SBB) included a Starbucks
Coffee that would be over 1,000 square feet in size, which by definition would make this
a restaurant use. He said that a sit down type restaurant is not what is envisioned, but
rather a use like Starbucks, Jamba Juice, or Coffee Bean & Tea. He stated that
Southern California is seeing more and more of these types of uses in conjunction with
gasoline sales. He noted that in some ways zoning is set up so that if these types of
uses provide their own parking, separate from the required parking for the service
station, they would be an allowed use on the property. Commissioner Deaton asked if
these were set up as two separate businesses, would they be allowable now, as
opposed to operating the mini-mart as a part of the gas station. Mr. Whittenberg stated
that there is a bit of an issue of interpretation of the Zoning Ordinance, and the reason is
that the Ordinance states that if you have a service station on a piece of property, you
need a CUP, and Staff has always taken the position that once you have a CUP, if you
are substantially changing what is on the property, you will need a new CUP. He said
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of December 8, 2004
that Staff has never really thought of the case of having a totally different business
operation on the same property, but this particular lot at the corner of Westminster
Avenue and SBB technically is large enough to accommodate another separate
business with the necessary parking. He indicated that Staff would look into these
issues after receiving direction from the PC. Commissioner Deaton asked what types of
restrooms are required for this type of use. Mr. Whittenberg stated that Staff would
have to check on this.
Commissioner Sharp stated that he has concerns about the sale of open food that is not
pre-packaged. He said that most service stations sit on contaminated soil making soil
remediation necessary, should a business other than a service station be located on
that site. Mr. Whittenberg stated that contamination in the soil would not impact
anything inside the building.
Commissioner Shanks asked If 7 -Eleven stores serve pizzas and hot dogs, would these
be categorized as restaurants? Mr. Whittenberg stated that Staff would have to contact
the Orange County Environmental Health Agency representative to discuss this.
Commissioner Shanks stated that there is a rumor that the Union 76 service station in
the Vons Pavillions shopping center is to be demolished. Mr. Whittenberg stated that
Staff has seen a preliminary site plan that shows the elimination of this station, but the
developer is proposing to put a different fueling station elsewhere on the property, which
at thiS point would be a gas only facility and would have no service bays.
Commissioner Shanks stated that he would be in favor of this except if the service
station would no longer provide service for oil changes or smog checks, etc. He said
that these services are necessary to the residents of Leisure World and asked if the PC
could require that the service not change its present level of service of to maintain two
service bays for provision of these services. Mr. Whittenberg stated that Staff would
have to check with legal counsel as this might get into restricting how a business
operates. Commissioner Shanks stated that this section of the Code should be
reviewed and possibly rewntten. Mr. Whittenberg noted that Mr. Hassan and his
architect are present tonight and could respond to any questions from the
Commissioners.
Mr. Sal Hassan stated that the industry has markedly changed and most service
stations have converted their service bays to convenience stores with a small fast food
service, which is tYPically drive-thru. He said that in this case they were approached by
Starbucks and other coffee companies that want to be at the Westminster Avenue
location, so he thought that a small space could be incorporated into the plans to
accommodate this. He said that he typically does not believe in restaurants at gas
stations. He said that today it is very important for gas stations to have convenience
food marts because it is a necessary service for many motorists. He said that his
expenence has shown that after adding a convenience mart, gasoline sales will jump at
least 20-30 percent, as this provides a much cleaner Image than with the service bays
He said that although he understands the concerns of the community wanting to have a
place to have their vehicles serviced, today's vehicles do not break down much and
usually require only oil changes, tires, or smog ,checks, which do not generate enough
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City of Seal Beach Planning Commission
Meeting Minutes of December 8, 2004
income to justify maintaining the service bays. He noted that with air quality regulations
it is getting very expensive to provide vehicle repair services. He indicated that all of the
oil companies have switched from service bays to convenience marts and have placed
restrictions on station operators requiring conversion of the stations by a certain
deadline if they do not want to have their supply contracts terminated. Mr. Hassan said
that this would mean closing down the station altogether, which would be a loss for the
owner and the City, as the current price of gas generates anywhere from 14 to 16 cents
per gallon in sales tax revenues. He indicated that at three of the locations owned by
Hassan & Sons the service bays have been converted to a convenience store and have
created an increase in revenues and a reduction in his liability. Commissioner Shanks
asked whether the proposed car wash was to be manned. Mr. Hassan stated that the
car wash would be a fully automated one. Commissioner Ladner noted that the Union
76 station across the street from Mr. Hassan's gas station, the Union 76 station at Bolsa
Chica and Westminster Avenue and the gas stations north of the 1-405 overcrossing
along SBB do not sell food items. He said that if Mr. Hassan converts his service bays
to a convenience mart, his would be the only gas station in this area selling food items.
He noted that Boeing Integrated Defense Systems (BIDS) plans to include a restaurant
In Its development project adjacent to Mr. Hassan's Chevron station, where the
Primrose restaurant is currently located. He added that the Mr. Hassan would also
have to compete with the Seal Beach Market and another restaurant located in the
shopping center directly across Westminster Avenue. He asked if Mr. Hassan would be
having any sit-down dining. Mr. Hassan stated that this would simply be a convenience
store selling mainly beverages and snacks and would not provide the food staples that a
grocery store provides. Commissioner Ladner stated that he disagrees and believes
that with the proximity of the surrounding restaurants and market; he does not see the
need for a convenience store at the Chevron location. Mr. Hassan stated that at
another location he has a convenience store next to a Ralph's Market and the customer
base IS different. Commissioner Ladner noted that a new Carl's Jr. Restaurant is also
under construction near the Seal Beach Market. Mr. Hassan said that the convenience
store would not sell open food, only prepackaged items. Commissioner Ladner stated
that coffee IS an open dnnk. Mr. Hassan said that like most individuals he would not
purchase coffee at Carl's Jr., but would go to a coffee store to buy coffee. He then
invited Commissioner Ladner to visit one of his convenience stores to get a better idea
of the types of items sold there. Commissioner Ladner said that he is familiar with these
types of stores. He asked if seating was to be provided in the Starbucks area of the
store. Mr. Hassan said that there would be no seating.
Commissioner Deaton noted that there is a Mobil station with a convenience store and a
car wash at the intersection of Pacific Coast Highway (PCH) and Warner Avenue. She
asked if this was similar to what Mr. Hassan proposes to do at the SBBlWestminster
Avenue location. Mr. Hassan stated that this was correct. Commissioner Deaton stated
that she would not categorize this as a restaurant, and she also would not categorize
Starbucks Coffee as a restaurant. She said that this is not an issue of competition
among restaurants, and she does not believe that Mr. Hassan is proposing to have a
restaurant, but simply a place to go buy Twinkies and a Coke and then drive through the
car wash. Commissioner Ladner countered that Starbucks does provide indoor seating.
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City of Seal Beach Plannmg Commission
Meeting Mmutes of December 8, 2004
Commissioner Shanks Interjected that Albertson's has a Starbucks Coffee, but there is
no seating provided. Mr. Hassan noted that this country thrives on competition.
Commissioner Roberts asked if in the plans as proposed would Starbucks be adjacent
to the fast food area, or would it be separate. Mr. Hassan said that it would be adjacent
to the fast food area. He noted that Starbucks is not a vital part of the plan, but would
only be included if the required parking can be provided.
Commissioner Shanks asked if the store would operate 24 hours a day. Mr. Hassan
stated that the gas station is currently open 24 hours.
Commissioner Roberts stated that although he understands the need to compete in a
changing industry, he is disappointed to learn that the service bays would be eliminated.
He noted that if the gas station were not making a profit by maintaining these service
bays, it would be a problem if the business had to close down altogether. He asked if
Mr. Hassan would be changing the number of gas pumps currently on site. Mr. Hassan
stated that this would be an entirely new facility with the plans calling for two additional
new pumps. Commissioner Roberts stated that although the community might not like
this change, it is the trend in the industry. Mr. Hassan noted that there would still be
mechanics that want to set up their own shops to provide automotive repair services to
the people of Seal Beach. Commissioner Roberts asked if Mr. Hassan had done any
studies to determine where the majority of his service base comes from. Mr. Hassan
stated that although the station does advertise and offers free shuttle service, only 1 out
of every 10 customers comes from Leisure World. He noted that this is probably
because Leisure World residents don't do a lot of driving, so their cars don't require
service as frequently. He said that most of the service work comes from employees of
Boeing Integrated Defense Systems (BIDS). Commissioner Roberts asked how many
mechanics are employed at this location. Mr. Hassan said he has two mechanics and a
service manager. Commissioner Ladner asked how many mechanics would be
provided If Mr Hassan's plans are approved. Mr. Hassan said he would have no
mechanics on site. Mr. Whittenberg interjected that the Commission was getting away
from the major issue, which is providing direction to Staff as to whether this IS a use that
Staff should study and return with a proposal, or whether to leave the Code as is. He
reiterated that several gas stations have contacted the City regarding this issue. He
noted that the gas station formerly located at the Coffee Bean & Tea Leaf site on Main
Street and PCH went out of business as a result of this, as they were told they needed
to construct a mini-mart and were not able to do so.
Commissioner Shanks stated the he wished to recommend that the PC direct Staff to
look at Section 28-2318 of the Zoning Ordinance with reference to the Newport Beach
ordinance to help correctly establish what the guidelines for Seal Beach will be.
Commissioner Sharp and Roberts stated they were in agreement.
Ms. Teague asked if the PC would like to see Mr. Hassan's plans include the Incidental
Starbucks and a limited mini-mart, or would the Commission prefer that no approvals be
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City of Seal Beach Planning Commission
Meetmg Mmutes of December 8, 2004
given for mini-marts in service stations until the recommendations for revision of the
Code are provided and reviewed for potential approval. The Commissioners were In
general agreement that they would prefer to see the Code revised before reviewing any
proposals for mini-marts. Commissioner Shanks stated that he would also like to look
Into the Issue of Mr Hassan's Chevron station having wrecked cars stored at the station
for longer than 48 hours.
Commissioner Deaton Inquired about the kind of delay this would create for Mr.
Hassan's remodel Mr. Whittenberg stated that the issue currently IS that by definition,
the Code does not allow a mini-market operation, and the only way to allow this type of
use is by changing the Code. He stated that a public hearing would have to take place
to review the revisions and to make recommendation to City Council (CC) on adoption
of the changes. He said that CC would then have to conduct public hearings for a first
and second reading once the changes are approved, and this could take 3 months or
more.
Chairperson Ladner referred to Page 3, Paragraph 3 of the Staff Report and asked Mr.
Hassan If alcoholic beverages are sold at any of Mr. Hassan's service station mini-
marts. Mr. Hassan responded that no alcohol is sold. Chairperson Ladner asked if Mr.
Hassan had any Intention of selling alcohol at any time in the future. Mr. Hassan
responded that he did not plan on this, and that when he had acquired some of these
locations they did sell beer and wine, but he did away with this. Commissioner Roberts
asked Mr Hassan's reason for having done so. Mr. Hassan responded that it is against
his personal beliefs and the sale of alcohol also attracts an unwanted element.
MOTION by Shanks; SECOND by Sharp to direct Staff to review Section 28-2318 for
possible revision to allow the use of mini-marts or fast food restaurants at gas stations
within the City of Seal Beach.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
Mr. Whittenberg stated that Staff would begin working on this as quickly as possible.
PUBLIC HEARINGS
4. Conditional Use Permit 03-7 (Indefinite Extension)
2999 Westminster Avenue, Suite 106 (Fit-4-You)
Applicant/Owner:
Request:
Meghan Boylan / Rocky Gentner
Approval of Indefinite Extension of a previously approved
Conditional Use Permit to continue utilizing approximately
834 square feet of a commercial building for a personal
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Meetmg Mmutes of December 8, 2004
fitness training studio. Specifically, the applicant is
requesting approval to continue operating "Flt-4-You"
personal fitness training.
Recommendation: Approval subject to conditions and adoption of Resolution
04-51.
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 Staff has had no operating concerns for this business He noted that at one
pOint Fit-4-You and several of the other businesses at this location were setting up
A-frame signs along Westminster Avenue, but Staff notified them of the need to remove
these signs with which they have all complied. He said Staff recommends approval of
the Indefinite Extension of Conditional Use Permit 03-7 subject to conditions and
adoption of Resolution 04-51.
Commissioner Questions
Chairperson Ladner inquired if public notice for this Item had been published and
properly distributed. Mr. Whittenberg stated that it had.
Public Hearina
Chairperson Ladner opened the public hearing.
There being no one wishing to speak, Chairperson Ladner closed the public hearing.
MOTION by Shanks; SECOND by Deaton to approve Conditional Use Permit 03-7 and
adopt Resolution 04-51 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
Mr. Abbe advised that the adoption of Resolution No. 04-51 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
5. Height Variation 04-9
B-5 Surfside
Applicant/Owner:
Brent Sears/ Darrin Lalonde
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Meetmg Mmutes of December 8, 2004
Request:
To construct a non-habitable Covered Roof Access
Structure(s) (CRAS) in excess of the 35-foot height limit at
8-5 Surfside Specifically, the proposed structure would
exceed the height limit by approximately 4 feet 6 inches
Approval subject to conditions and adoption of Resolution
04-56.
Recommendation:
Staff Report
Ms. Teague delivered the staff report. (Staff Report is on file for inspection In the
Planning Department.) She provided some background information on this Item and
noted that both the applicant and the architect had called to report that they had
schedule conflicts and could not be present tonight. She stated that the proposed
Covered Roof Access Structure(s) (CRAS) conforms to Code standards. She then cited
several other CRAS projects, which were previously approved In the Surfside Colony.
She indicated that the maximum size allowed for a straight staircase for a CRAS is 38
square feet and this CRAS would include a 36.5 square foot straight staircase. She
noted that because there are no houses behInd 8-5 Surfside, and the CRAS is to be
placed near the rear of the building, it would not significantly impair the view of any
surrounding resident. She stated that Staff is recommending approval of Height
Variation 04-9, subject to conditions.
Commissioner Questions
Commissioner Deaton asked if any complaints were received regarding this application.
Ms. Teague stated that none had been received.
Commissioner Shanks stated that he assumed that the Surfside Colony Architectural
Review Committee (SCARC) had already approved this project. Mr. Whittenberg
interjected that when a project from Surfside is submitted to the City it has already gone
before the SCARC for review, and if after plan check there are any corrections to the
plans, the SCARC must review the changes and grant approval before the building
permits can be issued. He confirmed that these plans have received approval from the
SCARC.
Public Hearina
Chairperson Ladner opened the public hearing.
There being no one wishing to speak, Chairperson Ladner closed the public hearing.
MOTION by Sharp; SECOND by Deaton to approve Height Variation 04-9 and adopt
Resolution 04-56 as presented.
MOTION CARRIED: 5 - 0
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AYES:
NOES:
ABSENT:
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
Mr. Abbe advised that the adoption of Resolution No. 04-56 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 recommended that the Planning Commission meeting of December 22,
2004 be cancelled and that at the end of this meeting Chairperson Ladner adjourn to
the PC meeting of January 5, 2005. On behalf of Staff he wished the Commissioners a
Happy Holiday Season.
COMMISSION CONCERNS
Commissioner Shanks extended his good wishes for a Merry Christmas and a Happy
New Year.
Commissioner Sharp also wished everyone a Merry Christmas.
Commissioner Deaton asked about the response received when meeting with the
business owners along Main Street to discuss the sign issue. She noted that there are
now more neon signs in place. Mr. Whittenberg stated that Staff has not yet met with
the business owners. He said that the initial meeting date was canceled and no new
date has yet been scheduled, but that Staff would address this again in January.
Commissioner Deaton then wished everyone a Merry Christmas and Happy New Year.
Commissioner Roberts asked if the press release about the Rossmoor Center reflects
any delays in the project. Mr. Whittenberg stated that Rossmoor Center has instructed
Staff to stop processing of their application. He said that the property owner is
reevaluating how to proceed with the overall renewal of the shopping center. He
indicated that Staff had met with representatives of Century National Properties today
and should have further information regarding this project in March or April of 2005.
Commissioner Roberts also wished everyone a Happy Holiday Season.
ADJOURNMENT
MOTION by Shanks; SECOND by Deaton to cancel the Planning Commission meeting
of December 22, 2004, and adjourn to the next scheduled meeting of January 5, 2005
MOTION CARRIED: 5 - 0
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AYES:
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ABSENT:
City of Seal Beach Planmng Commission
Meetmg Mmutes of December 8. 2004
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
Chairperson Ladner adjourned the meeting at 8:30 p.m.
Respectfully Submitted,
~~~~~~ A~~~~
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on January 19, 2005, approved t~ Minutes of the Planning
Commission Meeting of Wednesday, December 8, 2004. ~
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