HomeMy WebLinkAboutPC Min 2004-09-22
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for September 22, 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
Department of Development Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
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
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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 Planning Commission · Agenda of September 22, 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 MA TIERS: These items are considered by the Planning Commission
separately and require separate motions. These transactions are considered
administrative and public testimony is not heard.
STAFF CONCERNS: Updates and reports from the Director of Development Services
(Planning and Building Departments) are presented for information to the Planning
Commission and the public.
COMMISSION CONCERNS: Items of concern are presented by the Planning
Commissioners and discussed with staff.
All Droceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for September 22, 2004
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 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 August 18, 2004.
2. RECEIVE AND FILE: Information Reports Re: Municipal Sign Code
Writing, Housing in California, and Planning Commissioners Journal.
3. Minor Plan Review 04-10
940 Catalina Avenue
Applicant/Owner:
Request.
Kevin and Sofia Bicknell
To construct an outdoor fireplace in the rear yard
setback area and a BBQ structure within the rear and
side yard setback areas. The outdoor fireplace will
have a maximum chimney height of 6 feet and will be
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City of Seal Beach Planmng Commission · Agenda of September 22, 2004
located 2 feet from the rear property line The BBQ
countertop IS approximately 3 feet high and will be
located 2 feet from the rear property line and 3 feet
from the westerly side property line.
Recommendation:
Approval subject to conditions and adoption of
Resolution 04-46
VI SCHEDULED MATTERS
4. Confirmation of Determination of Director of Development Services -
Temporary Business Relocation of Rite-Aid Store to 12309 Seal Beach
Boulevard Within Rossmoor Center.
VII PUBLIC HEARINGS
5. Conditional Use Permit 03-2 (Indefinite Extension)
142-B Main Street (Slice of New York)
Applicant/Owner:
Request:
Michael P. May I Glenn Jones
To continue operation of an existing walk-up/take-out
pizza restaurant.
Recommendation: Approval subject to conditions and adoption of
Resolution 04-40
VIII STUDY SESSION
6. Sign Requirements for Main Street Specific Plan Area
IX STAFF CONCERNS
X COMMISSION CONCERNS
XI ADJOURNMENT
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Oct 06
Oct 20
Nov 03
Nov17
Dee 08
Dee 22
CIty of Seal Beach Planning CommIssion · Agenda of September 22, 2004
2004 Aaenda Forecast
CUP 01-14 (Indefinite Extension) Daphne's Greek Cafe
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of September 22, 2004
Chairperson Ladner called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, September 22, 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
Alexander Abbe, Assistant City Attorney
Absent:
AGENDA APPROVAL
Commissioner Deaton requested that Item No. 1 be removed from the Consent
Calendar.
Commissioner Shanks requested that Item No. 3 be removed from the Consent
Calendar as he resides within 500 feet of 940 Catalina Avenue.
MOTION by Shanks; SECOND by Deaton 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.
There being no one wishing to speak, Chairperson Ladner closed oral communications.
1 These Minutes were transcribed from audiotape of the meeting
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CONSENT CALENDAR
2. RECEIVE AND FILE: Information Reports Re: Municipal Sign Code Wnting,
Housing in California, and Planning Commissioners Journal.
MOTION by Shanks; SECOND by Sharp to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
1. Approve Planning Commission Meeting Minutes of August 18, 2004.
Commissioner Deaton noted that on Page 2, Line 35 the vote should reflect the
following:
MOTION CARRIED:
A YES:
NOES:
ABSENT:
3-2-0
Sharp, Deaton, and Shanks
Ladner and Roberts
None
MOTION by Sharp; SECOND by Deaton to approve the Minutes of August 18, 2004, as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
Commissioner Shanks stated that he resides within 500 feet of 940 Catalina Avenue
and excused himself from Council Chambers.
3. Minor Plan Review 04-10
940 Catalina Avenue
Applicant/Owner:
Request:
Kevin and Sofia Bicknell
To construct an outdoor fireplace in the rear yard setback
area and a BBQ structure within the rear and side yard
setback areas. The outdoor fireplace Will have a maximum
chimney height of 6 feet and will be located 2 feet from the
rear property line. The BBQ countertop is approximately 3
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of September 22, 2004
feet high and will be located 2 feet from the rear property line
and 3 feet from the westerly side property line.
Recommendation: Approval subject to conditions and adoption of Resolution
04-46
MOTION by Sharp; SECOND by Deaton to approve the Minor Plan Review 04-10 and
adopt Resolution 04-46 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Ladner, Deaton, Roberts, and Sharp
None
None
Shanks
Mr. Abbe advised that the adoption of Resolution No. 04-46 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
Commissioner Shanks returned to Council Chambers.
SCHEDULED MATTERS
4. Confirmation of Determination of Director of Development Services - Temporary
Business Relocation of Rite-Aid Store to 12331 Seal Beach Boulevard Within
Rossmoor Center.
Staff Reoort
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
stated that the purpose of this item is to seek confirmation of a determination that the
Director of Development Services has made regarding the relocation of the Rite-Aid
Store located in the Rossmoor Center. He indicated that the store is currently located in
a portion of the shopping center proposed for demolition and reconstruction under a
project that is currently undergoing environmental review. He stated that this project
would eventually come before the Planning Commission (PC) for a determination. He
noted that regardless of this decision, the occupants of Rite-Aid are relocating to a
different store within the shopping center for at least one year to accommodate the
proposed demolition and reconstruction of a new structure. He said that Staff is
recommending that the City not require that Rite-Aid apply for a new Conditional Use
Permit (CUP) for the temporary location within the same shopping center. He stated
that the Alcohol & Beverage Control (ABC) license is to be transferred to the new
location, which is 12331 Seal Beach Boulevard, and is located between Stats and the
bowling alley. He indicated that once the new project is complete and Rite-Aid is ready
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City of Seal Beach Planning Commission
Meeting Minutes of September 22, 2004
to move to its new building, at that point they will seek a new CUP for their permanent
location. Mr. Whittenberg noted that there is a provision in the determination that states
that if for any reason Rite-Aid is not able to move into the new building within one year,
they would then have to apply for a permanent CUP at the 12331 Seal Beach Boulevard
location.
Commissioner Shanks asked if ABC would have any problem with transferring the
license to the new address. Mr. Whittenberg stated that Rite-Aid would notify ABC of
the new address.
Commissioner Deaton asked if the CUP was for the sale of alcohol. Mr. Whittenberg
confirmed that this was correct.
Mr. Abbe interjected that before taking a vote Chairperson Ladner should open for
public comments.
Chairperson Ladner opened for public comments.
There being no one wishing to speak, Chairperson Ladner closed public comments.
MOTION by Sharp; SECOND by Shanks to confirm the determination of the Director of
Development Services as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
Mr. Abbe advised that there is a 10-day calendar appeal period to the City Council. The
Commissioner action tonight is final and the appeal period begins tomorrow morning.
PUBLIC HEARINGS
5. Conditional Use Permit 03-2 (Indefinite Extension)
142-B Main Street (Slice of New York)
Applicant/Owner:
Request:
Michael P. May I Glenn Jones
To continue operation of an existing walk-up/take-out pizza
restaurant.
Recommendation:
Approval subject to conditions and adoption of Resolution
04-40
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City of Seal Beach Planning Commission
Meeting Minutes of September 22, 2004
Chairperson Ladner stated that Staff had received two letters in opposition to approval
of an indefinite extension of Conditional Use Permit (CUP) 03-2 due to too much
vehicular activity in the alley behind the restaurant.
Staff Reoort
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 approval of a CUP is required because it is a walk-up/take-out restaurant.
He said that a CUP is not required for any kind of business delivery service. He
confirmed that letters were received from Mr. Maury Nipp and from Ms. Michele Nipp at
145 10th Street expressing their concerns, primarily about the pizza delivery operation.
He stated that at the last meeting when CUP 03-2 was initially considered, there was
some concern about accumulation of trash behind the building. He said that as Staff
has observed the property over the last 6-9 months these issues appear to have been
solved. He indicated that there is a dumpster and sometimes there is cardboard
stacked alongside the dumpster, but most of the other material has been routinely
handled Within the dumpster itself. He said that Staff is recommending approval subject
to conditions.
Commissioner Questions
Commissioner Deaton asked if the delivery vehicle is dispatched from the alley side of
the restaurant? Mr. Whittenberg stated that based upon the letters received, this
appears to be the case, and he has not observed delivery vehicles parked along Main
Street. He noted that there are several businesses along Main Street that do offer
delivery service of food items.
Commissioner Shanks stated that this issue arose when BJ's Pizza opened and
residents of 8th Street were concerned about this. He asked if there had been any
problems With BJ's delivery service. Mr. Whittenberg stated that he does not recall
receiving any complaints. Commissioner Shanks stated that when this CUP was
approved, the PC assumed that this would be strictly walk-up/take-out with customers
coming into the front door, with no mention of delivery service. He asked if this is a
common occurrence. Mr. Whittenberg stated that the City does not require a CUP for
home delivery service from restaurants, and the issue did not come up until the City
began receiving complaints regarding this issue. He indicated that the Commission
could direct Staff to review delivery services to find a way of managing this, and they
may wish to stipulate that atter a certain time of day delivery vehicles will be required to
park on Main Street and not use the alley. Commissioner Shanks stated that he seems
to remember that deliver hours were restricted for BJ's. He said that this is not
something that the PC has really looked at as a potential problem, but the restaurant
management could probably control it. Mr. Whittenberg stated that these restrictions
might have been covered under the hours of operation for BJ's. He said that he would
investigate and return with more information on this.
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of September 22, 2004
Chairperson Ladner read from Ms. Nipp's letter in which she states that she was almost
hit by the delivery vehicle while she was outdoors watering her yard, and a neighbor
had also sustained damage to her car. He asked if the police department had been
contacted to see if they have any record of these incidents. Mr. Whittenberg stated that
he had been out of the office and only saw the letters today, but he would check with
Seal Beach Police Department (SBPD) to check on this. Chairperson Ladner asked
what the procedure would be. Mr. Whittenberg stated that the City could not place a
condition on a CUP stating that drivers must drive responsibly. He said that if this
continues to be a problem, the City could revoke the CUP.
Commissioner Shanks asked what the accepted speed limit was in the alleys. Mr.
Whittenberg stated that he did not know the answer to this question.
Commissioner Sharp stated that the Commission was getting into something over which
it has absolutely no control. He said it is the job of SBPD to deal with traffic issues.
Chairperson Ladner stated that Staff could check to see whether SBPD has any report
of the incidents mentioned in Ms. Nipp's letter. Mr. Whittenberg stated that these are
things that the PC could take into consideration once they have taken pubic testimony.
Chairperson Ladner verified that public notice was mailed out and/or advertised as
required by law. Mr. Whittenberg confirmed that this had been done.
Public Hearing
Chairperson Ladner opened the public hearing.
Michael May, owner of A Slice of New York, stated that he is not aware of any
automobile accidents involving the delivery vehicles during the past year. He said that
his delivery service is about 10 percent of his business and that during the day he might
make 1-2 deliveries, and at night he stops deliveries at 9:00 p.m. as the business closes
at 10:00 p.m. Commissioner Deaton asked how many deliveries are made on any
evening. Mr. May said that on a Monday night it might be 4-5 and on a Friday night it
could be as many as 10-15 deliveries maximum. He noted that deliveries are made to
the local Seal Beach area only. He said that he could restrict his drivers to parking on
Main Street. Mr. May did note that other vehicles are always speeding through the
alley, which has caused near collisions with the vehicles exiting that southerly parking
lot near the alley, as there is no stop sign at this location.
Commissioner Roberts asked if the delivery vehicle is company-owned. Mr. May stated
that it is the employee's car. Commissioner Roberts asked if Mr. May carries any
additional insurance to protect the employee. Mr. May stated that he has Workers'
Compensation Insurance to protect his employee, and the employee also has personal
car insurance. Commissioner Roberts asked if Mr. May had checked to see If this
insurance is adequate. Mr. May stated that he has copies of the employee's insurance
and drivers license records.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of September 22, 2004
There being no one wishing to speak, Chairperson Ladner closed the public hearing.
Mr. Whittenberg asked if any additional conditions were to be added to Resolution
04-40. Commissioner Roberts stated that he is bothered by the fact that the Nipps are
not present tonight. Commissioner Shanks agreed and stated that he would go ahead
and approve CUP 03-2, but when these types of approvals are made, part of the
resolution should specify an hour control for delivery services, particularly for
businesses that back up to the alleys along 8th and 10th Streets. He said that he never
thought about A Slice of New York making deliveries when the original CUP was
approved. Commissioner Deaton stated that she believed that this was discussed, as
she had been concerned about double parking on Main Street and the applicant had
stated that they would be using one parking space in the back of the restaurant for the
delivery vehicle. She said she would like to add a condition stating that all deliveries
would cease at 10:00 p.m. and the record should reflect that the PC would like to review
using delivery service when approving similar CUP applications in the future. She
asked if this is included in Resolution 04-40, would this then create a precedent for
including thiS for all future food establishments who might have deliver services. Mr.
Whittenberg stated that, hopefully, as applications come up for indefinite extension in
the future or for new approvals Staff will remember to include this condition in the
resolutions.
Mr. Abbe clarified that what Commissioner Deaton wants is that all deliveries must be
completed by 10:00 p.m. or that the last delivery may begin by 10:00 p.m.
Commissioner Deaton stated that she wanted the condition to state that all deliveries
must have been completed by no later than 10:00 p.m.
MOTION by Deaton; SECOND by Sharp to amend Resolution 04-40 to add a condition
that states all off-site delivery service must be completed and end at 10:00 p.m.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
MOTION by Deaton; SECOND by Sharp to approve Indefinite Extension of Conditional
Use Permit 03-2 and adopt Resolution 04-40 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. 04-40 begins a 10-day calendar
appeal period to the City Council. The CommiSSioner action tonight is final and the
appeal period begins tomorrow morning.
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of September 22, 2004
STUDY SESSION
6. Sign Requirements for Main Street Specific Plan Area
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 attached to the Staff Report is a copy of the Main Street Specific Plan
(MSSP), which was adopted in 1996 after a two-year work effort within the community.
He said that based upon the provisions of the adopted MSSP, part of this plan fully
incorporated into the Zoning Ordinance a number of standards specific to the Main
Street area. He noted that the issue has come up based on a currently existing illegal
sign in the Main Street area, and one of the Council Members has requested that the
PC reconsider this issue. He said that Commissioner Deaton has presented some
additional thoughts based upon concerns she has been hearing from neighboring
residents regarding signs on Main Street. He then provided a PowerPoint visual
presentation of signs along Main Street. Mr. Whittenberg noted that the Sign Provisions
in the Code allow 1 square foot of signage for each linear foot of building street frontage
up to a maximum of 100 square feet of sign area. He noted that most of the signs are
fairly small, with some of the larger establishments having 50-75 feet of street frontage,
In which case, they may display larger signs. Commissioner Deaton asked is Bogart's
is using all of its allowable signage space. Mr. Whittenberg stated that he did not know
specifically if this was the case. He indicated that most of the time businesses get very
close to the maximum sign space allowed. In viewing the signage for Seal Beach
Liquor, Mr. Whittenberg commented that this is a style of signs popular in the 1940s and
50s. He stated that Seal Beach does not prohibit neon signs, but some cities do
prohibit them because they don't like the way they look, primarily at night.
Commissioner Deaton stated that although this might be categorized as a historic sign,
it looks like it is no longer operational. In viewing the signage for The Old Town Gallery
Mr. Whittenberg noted the sign projecting outward from the face of the building over the
sidewalk and stated that the Sign Provisions for Main Street actually encourage this
type of sign to allow pedestrians to easily identify the business as they walk along the
sidewalk. He indicated that many businesses on Main Street have overhanging
awnings with their signage painted on the awning. He said that these awnings are
allowed subject to an encroachment permit issued by the Public Works Department.
Chairperson Ladner asked if the trees along the sidewalk interfered with the visibility of
the signage. Mr. Whittenberg stated that shade is needed on the streets and the trees
are needed to make the area pedestrian friendly. Commissioner Deaton asked if the
window signs on Cinnamon Productions are restricted to the same square footage
requirements. Mr. Whittenberg stated that they are and window signs cannot cover
more than 40 percent of the window area. Commissioner Roberts asked if A-frame
signs are permitted. Mr. Whittenberg stated that they are not permitted, but if this were
to be considered as a permitted use the City would have to look at this type of sign not
interfering with handicapped accessibility, particularly on narrow sidewalks. He noted
that many cities have pre-approved designs that can be used for signs placed in the
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of September 22, 2004
public nght-of-way. He indicated that although A-frame signs are not allowed, thiS is not
strictly enforced unless the sign becomes a hazard to pedestrian using the sidewalks.
Mr. Whittenberg stated that some businesses also place merchandise out on the
sidewalk for display. He noted that stricter enforcement is planned once replacement of
newspaper racks is complete. Mr. Whittenberg stated that the old racks, which are
scheduled for removal beginning October 1, 2004, are to be replaced with the new,
approved racks. Commissioner Deaton inquired about banners. Mr. Whittenberg
stated that the Code does make provision for banners. He noted that banners could be
displayed for 30 days at a time for a maximum of 90 days during any year, with a
30-day break between banner displays. Commissioner Sharp stated that the PC had
previously conducted a study session on banners. Mr. Whittenberg stated that this had
occurred approximately 4-5 years ago, and as a result the City had adopted the
ordinance provisions for banners. Commissioner Shanks asked if the City is
responsible for putting banners across Main Street. Mr. Whittenberg stated that for a
fee, the requesting organization could have City crews put up the banners.
Mr. Whittenberg then pointed out a freestanding sign for Baytown Realty, which was
constructed in the public right-of-way without having received permits from the City. He
noted that because there is only one business on the property, a freestanding sign is
not allowed. He indicated that City Council has asked that the Planning Commission
look at whether it makes sense to allow a sign out on the sidewalk area to identify the
businesses in buildings that are set back from the street. Commissioner Shanks asked
if the freestanding sign would be allowed if it were constructed on the business owner's
property. The Director of Development Services indicated that this type of sign would
only be allowed in a shopping center, which is defined as "two or more businesses
located on a lot." Commissioner Deaton asked if business owners had to apply for sign
permits prior to putting up their signs. Mr. Whittenberg stated that a permit is required
to place a sign on a building or to paint a sign on a structure or to paint window signs.
He noted that hanging a sign inside the window does not require a permit.
Commissioner Roberts stated that the section of the MSSP that deals with signs states
that only one sign per commercial business is allowed. Mr. Whittenberg stated that this
would be for the main sign, but there is also a provision for projecting signs and window
signs. After the presentation, Mr. Whittenberg, noted that this would serve as
introductory information on the issue of signs on Main Street. He stated that the PC
could direct Staff to develop standards for allowance of freestanding signs on the
sidewalk area for buildings that are set back from the public right-of-way on Main Street.
Commissioner Deaton stated that the City already has an excellent sign program, and
the projecting signs would allow traffic on Main Street to identify the businesses.
Commissioner Roberts was in agreement. He said that the problem he has with
Baytown Realty is that they incidentally put their name on the sign for advertisement
along with the real estate listings that are displayed. Mr. Whittenberg stated that this is
not unusual for a real estate business operation in a walkable downtown area, and
Bayside probably would have placed a sign in the storefront if their building were closer
to the front of the street. Commissioner Deaton noted that this is true, but she does not
see why Baytown cannot have a similar sign on the business owner's property and not
in the pubic right-of-way. Mr. Whittenberg stated that currently City Code states that a
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pole sign or a freestanding sign is not allowed unless there are multiple tenants on the
property, so Baytown cannot have a sign like this as it is the only tenant on the property.
He noted that the attorney office next door could do this as they have multiple tenants
on that property. Commissioner Deaton commented that she believes this
determination should be based on square footage and not on the number of tenants.
Mr. Whittenberg indicated that this is probably more an issue of visibility to drivers on
the street more than it is for pedestrians walking on the street. Commissioner Shanks
noted that the moving van that is frequently parked on the property also provides
advertising with the name of the business painted on its side panels. He stated that the
PowerPoint presentation shows that the City has done a good job of regulating signage
as Main Street reflects an eclectic selection of storefronts and signs. He said that
replacing the newspaper racks would be one of the biggest improvements in the looks
of Main Street. He indicated that he does not really see a major problem with the
Baytown sign, unless the owner wishes that the PC address this. He stated that the
attorney's offices and the real estate office are not like an eating establishment or
antique store where visitors stop at random, but customers/clients are usually there by
appointment. Commissioner Deaton stated that when she visits a business for the first
time, it can be difficult if there are no projecting signs to direct you. She said that the
main complaint of the community is regarding Main Street Square downtown because
the projecting sign is very bright, the other signage is all neon, and where before there
was one business there are now seven, each one having its own signage displayed on
a narrow storefront. She stated that there was no planning of signage for the whole
building and its tenants, making this a very garish looking corner. She said she would
like to look into restricting lumens rather than restricting neon signs, or restricting how
much neon can be used, or rule out the use of neon altogether. Mr. Whittenberg stated
that all of these issues could be considered, but ultimately whatever is put in place will
be there for a long time, and does the PC wants to go back and have business owners
change signage that was legally allowed by Code when the business first opened, as in
his experience this can become a very contentious process. Commissioner Deaton
suggested that when there is a large turnover of square footage, a ratio should be
established to determine the size and number of signs that would be allowed. Mr.
Whittenberg reiterated that for businesses on Main Street signage is currently based on
the square feet of the building frontage with freestanding signs limited to a maximum of
60 square feet. He noted that because The Coffee Bean, Quizno's etc., face Pacific
Coast Highway (PCH), these business are allowed 1.5 square feet of sign area per
linear foot of building frontage. He cited a Code provision that states if a building fronts
a street with a speed limit over 35 miles per hour, additional signage space is allowed.
Commissioner Deaton argued that the freestanding sign for The Coffee Bean center
does provide good visibility to vehicles on PCH, but the signage on the front of the
building itself does not. She questioned why all of this extra signage is necessary. She
stated that her Council member is concerned with a number of sign issues in town, one
of which is illegal signs and the other is the signage at Main Street Square. She said
her Council member was also concerned with businesses located to the rear of a
property and how they could provide signage for them. Commissioner Deaton noted
that the projecting signs are very effective in providing visibility. She recommended
restricting the lumens or eliminating fluorescent lighting or minimizing the number of
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of September 22, 2004
fluorescent lights allowed. Commissioner Shanks asked what the limit was for neon
lights. Mr. Whittenberg stated there is no limit or prohibition to the use of neon signs.
Commissioner Shanks noted that neon lights are not as light as the fluorescent lights,
although with time they do fade. Mr. Whittenberg confirmed that these lights do fade.
He noted that the issue of lumens is not currently addressed in the Code and this is
something that Staff could look into. He cautioned that any changes in the Code would
have to apply to new tenant signage only and not to any existing signs. He indicated
that a Planned Sign Program (PSP) could be applicable to Main Street Square:
however, at this point this is a discretionary request by the property owner and is not
imposed by the City. He stated that James Watson's property at 101 Main Street, which
is currently undergoing a remodel, has a draft PSP currently under review by Staff,
which will later come before the PC for review. He suggested that the PC might wish to
consider restricting the lumens or the signage for large multi-tenant buildings on Main
Street. Commissioner Deaton agreed and also suggested having a sign review
committee that could be a part of the Commission meeting on an as needed basis.
Commissioner Sharp asked if the City sign program was the same for the entire city.
Mr. Whittenberg stated that the criteria are generally the same. He explained that for
businesses on Main Street and throughout the city, the sign area allowed is 1 square
foot per linear foot of building frontage up to a maximum of 100 square feet, and outside
Main Street it is 300 square feet. He indicated that for buildings that front a street with a
speed limit over 35 miles per hour the allowed sign area is 1.5 square feet per linear
foot of building up to a maximum of 300 square feet. He noted that the larger
businesses like Target, Kohl's, or Ralph's would have the larger 300-foot signs, but
most of the business buildings in town are not this large. Commissioner Sharp asked if
there were restrictions as far as the location of a freestanding sign within a shopping
center. Mr. Whittenberg stated that, generally, the shopping center is a single property,
so the sign is usually placed in the parking lot area. He noted that most of the large
shopping centers in town now have PSPs approved by the PC.
Commissioner Shanks inquired about establishing guidelines for remodels on Main
Street that create multiple units out of one building, as with Main Street Square. Mr.
Whittenberg stated that provisions could be made to require a minimum number of
tenants and set specific limitations on signage. Commissioner Shanks noted that the
remodel of James Watson's building would be a good example. Mr. Whittenberg noted
that once you have a PSP in place, depending upon the nature of the remodel, it might
become necessary to totally amend the PSP to accommodate the remodel. Mr.
Whittenberg then asked if the Code were changed, would the PC want Staff to require
that all nonconforming signs be brought into conformance with the new standards within
a certain period of time. He noted that the City Attorney would probably state this would
be a difficult issue to deal with and would cause many difficulties. He indicated that
when a new tenant moves into a building, the new sign standards could be enforced.
Chairperson Ladner asked if the PC had reviewed a PSP for Main Street Square. Mr.
Whittenberg responded that the PC had not done so. Chairperson Ladner asked if the
original plan had included the two neon "Open" signs in Javatini's window. Mr.
Whittenberg stated that these are window signs that are not regulated by the City.
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Commissioner Roberts asked if the business owner has been approached and asked to
reduce the lumens, which he believes would be the best approach. He stated that he
likes the idea of creating new standards for newly established businesses, and favors
approaching existing businesses with nonconforming signage in an attempt to reach a
compromise in getting them to conform to the existing sign standards. He noted that he
is not as concerned about how Main Street looks today, but about how it may look in the
future. He stated that he is concerned about bicycles being placed on the roof of
buildings, about overloading window space with signs, reducing the brightness of signs,
regulating A-frame signs, and general maintenance of signs. Mr. Whittenberg stated
that the PC must keep in mind that the City of Seal Beach has intentionally not
developed theme standards for buildings on the street or for signs, as when the MSSP
was drafted the concept of a theme was rejected, opting instead for allowing
individuality. He explained that this can lead to things that some people like and others
that they do not care for, and this will be the case regardless of what the standards may
be. Commissioner Deaton stated that she believes Main Street Square needs a PSP
and she asked who approves them. Mr. Whittenberg responded that the PC does;
however, these are by voluntary request by a property owner, and there is nothing in
City Code that mandates them. Commissioner Deaton stated that she believes that
buildings with 3 or more tenants should be required to have a PSP, particularly since
many of the buildings on Main Street have the same owner, who could conceivably
decide to consolidate two properties to create a larger, multi-tenant structure. Mr.
Whittenberg stated that he probably would not have any new information on this issue
for the PC until the October 20th or November 3rd meeting. Commissioner Deaton
asked if the PC would be meeting twice in October and November. Mr. Whittenberg
stated that there would be two meetings in October, but traditionally the second meeting
in November and December is usually canceled due to the holidays. Mr. Abbe asked if
the PC had provided direction on whether they wanted an amortization period on
existing nonconforming signs. Commissioner Deaton stated that she is not interested in
doing this. Commissioner Roberts reiterated that this should not prevent Staff from
approaching the businesses to see if they are willing to bring their signage into
conformance and/or decrease the lumens in their signs.
STAFF CONCERNS
Mr. Whittenberg reported that he and Commissioner Shanks had attended the Planning
Commissioners Forum in Newport Beach, and noted that Commissioner Shanks had
been looking forward to the session on Mansionization and was extremely upset when
this topic was canceled. He said that Staff would be preparing some items on this issue
for a future study session.
The Director of Development Services then stated that Ms. Christy Teague has
accepted the position of Senior Planner with the City of Seal Beach and will commence
employment on Monday, October 4, 2004.
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Mr. Whittenberg then provided an update on the John Laing Homes (JLH) project. He
stated that permits for the model homes were issued last Friday, and JLH indicates that
they should be completed by the end of February, early March 2005. He said that
Coastal Commission approval to construct the for-sale homes should be received within
two months.
COMMISSION CONCERNS
Commissioner Sharp asked for an update on the restaurant in the Leisure World Center
and on the Pavilions Center. Mr. Whittenberg reported that the restaurant in the Leisure
World Center is in final plan check with landscaping plans also being reviewed, and
building permits should be ready for issue within 2-3 weeks. He then reported that the
owners of the Pavilions Center are proceeding to look at options. He stated that
preliminary plans have been submitted, but there is nothing to come before the PC for
approvals. He said that Staff has recommended that a community meeting be held to
provide information to the surrounding residents on what the project will look like.
Commissioner Sharp then inquired about the three new buildings to be constructed in
Leisure World. Mr. Whittenberg stated that this project is also currently in plan check for
construction, soil, and grading plans. He indicated that the process could take
approximately 30-45 days before issuance of building permits.
Commissioner Deaton requested an update on Daphne's Greek Cafe. Mr. Whittenberg
stated that Daphne's is preparing an application for submission for a revision of the
patio area. Commissioner Deaton stated that she is happy to hear that Mr. Whittenberg
will have some assistance, as she is looking forward to addressing the mansionization
issue.
Commissioner Shanks inquired about placing a stop sign at the parking lot entrance in
the alley between Main and 10th Streets, south of Central Avenue. He said that he
could see how this is a problem area.
Commissioner Roberts congratulated the Water Department for its prompt and efficient
response in handling a broken water main at his home. He then complimented the
"high quality reading material" presented by Staff for the information of the Planning
Commissioners.
ADJOURNMENT
Chairperson Ladner adjourned the meeting at 9:22 p.m.
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Respectfully Submitted,
~~~.-._~
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
City of Seal Beach Plannmg Commission
Meetmg Mmutes of September 22, 2004
The Commission on October 6, 2004, approved the 1!1inutes of the Planning
Commission Meeting of Wednesday, September 22, 2004. ~
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