HomeMy WebLinkAboutPC Min 2004-06-16
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for June 16, 2004
7:30 p.m.
District 1 - Ellery Deaton
Dlstnct 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - Henry Eagar
District 5 - Phil Ladner
Department of Development Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Mac Cummins, AICP, 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 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 June 16, 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 I
Commissioners and discussed with staff.
All Droceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for June 16, 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 May 19, 2004.
2. RECEIVE AND FILE: "Significant California Land Use Legislation and Court
Decisions in Calendar Year 2003," prepared for the Planning Director of
Orange County by Richards, Watson, and Gershon, February 12, 2004.
3. RECEIVE AND FILE: Information Reports Re: Religious Land Use and
Institutionalized Persons Act (RLUIPA).
4. Minor Plan ReView 04-5
1611 Island View
Applicant/Owner: Gloria A. Souders
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City of Seal Beach Plannmg CommissIon · Agenda of June 16, 2004
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Request.
Construct an approximate 481 square foot addition to
an existing legal nonconforming residential structure.
Structure is nonconforming in the side yard setback
area. Applicant proposes to add square footage to the
rear yard area
Recommendation: Approval subject to conditions and adoption of
Resolution 04-29
5. Minor Plan Review 04-6
955 Catalina Avenue
Applicant/Owner:
Request:
Don & Ruby Reeves
Construct an approximate 398 square foot addition to
an existing legal nonconforming residential structure.
Structure is nonconforming due to front yard setback.
Applicant proposes to add square footage in the side
yard area only, and all new construction will meet
current development standards.
Recommendation: Approval subject to conditions and adoption of
Resolution 04-32.
. VI SCHEDULED MATTERS
VII PUBLIC HEARINGS
6. Conditional Use Permit 04-4
148 Main Street (Z-Pizza)
Applicant/Owner:
Request:
Recommendation:
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
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Alan Grant I Main Street Square LP
To install a walk-up/take-out only (10 seats or less)
restaurant on Main Street. Specifically, the applicant
has requested the ability to sell pizza, sandwiches,
salads, and associated products.
Approval subject to conditions and adoption of
Resolution 04-31
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City of Seal Beach Planning Commission · Agenda of June 16, 2004
2004 Aaenda Forecast
Meeting Canceled
CUP 01-14 Indefinite Extension -12420 Seal Beach Blvd (Daphne's)
TO BE SCHEDULED:
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Study Session:
Permitted Uses & Development Standards in Commercial Zones
(5/6/98 )
Undergrounding of Utilities
ADA Handicapped-Accessible Restrooms
Parking Issues in Old Town
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Staff Report:
Study Session:
Study Session:
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of June 16, 2004
Chairperson Sharp called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, June 16, 2004. 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
Mac Cummins, Associate Planner
Alexander Abbe, Assistant City Attorney
Absent: Lee Whittenberg, Director of Development Services
AGENDA APPROVAL
Commissioner Shanks requested that Item No. 4 be removed from the Consent
Calendar for further discussion.
MOTION by Shanks; SECOND by Ladner 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.
There being no one wishing to speak, Chairperson Sharp closed oral communications.
1 These Minutes were transcribed from audiotape of the meeting
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CONSENT CALENDAR
1 Approve Planning Commission Meeting Minutes of May 19, 2004.
2. RECEIVE AND FILE: "Significant California Land Use Legislation and Court
Decisions in Calendar Year 2003," prepared for the Planning Director of Orange
County by Richards, Watson, and Gershon, February 12, 2004.
3. RECEIVE AND FILE: Information Reports Re: Religious Land Use and
Institutionalized Persons Act (RLUIPA).
5. Minor Plan Review 04-6
955 Catalina Avenue
Applicant/Owner.
Request:
Don & Ruby Reeves
Construct an approxImate 398 square foot addition to an
eXisting legal nonconforming residential structure. Structure
is nonconforming due to front yard setback. Applicant
proposes to add square footage in the side yard area only,
and all new construction will meet current development
standards.
Recommendation:
Approval subject to conditions and adoption of Resolution
04-32
Mr. Cummins noted that Staff had received one letter in opposition to Minor Plan
Review 04-6.
MOTION by Shanks; SECOND by Deaton to approve the Consent Calendar 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. 04-32 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
4. Minor Plan Review 04-5
1611 Island View
Applicant/Owner:
Gloria A. Souders
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City of Seal Beach Planmng Commission
Meetmg Mmutes of June 16, 2004
Request: Construct an approximate 481 square foot addition to an
existing legal nonconforming residential structure. Structure
is nonconforming in the side yard setback area. Applicant
proposes to add square footage to the rear yard area.
Recommendation: Approval subject to conditions and adoption of Resolution
04-29
Commissioner Shanks stated that he has no real concerns with Minor Plan Review
04-5, but he would like clarification on the tandem parking in the proposed garage. He
asked if this would comply with the covered garage standards for homes on The Hill.
Mr. Cummins stated that a tandem garage would meet the requirement for parking. He
noted that Staff agrees that this is a unique situation and was unaware that It existed.
He said that several years ago a permit was issued to convert the garage to a living
room, and this was when the tandem garage was constructed. He indicated that Staff
would accept the applicant making the garage larger to be a standard 2-car garage or
making the carport the proper depth, and these options are presented under the
Conditions of Approval. Commissioner Shanks asked if there were other homes on The
Hill with tandem garages. Mr. Cummins stated that he was not aware of any others.
MOTION by Shanks; SECOND by Ladner to approve Minor Plan Review 04-5 and
adopt Resolution 04-29 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. 04-29 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
4. Conditional Use Permit 04-4
148 Main Street (Z-Pizza)
Applicant/Owner:
Request:
Alan Grant I Main Street Square LP
To install a walk-up/take-out only (10 seats or less)
restaurant on Main Street. Specifically, the applicant has
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Minutes of June 16, 2004
requested the ability to sell pizza, sandwiches, salads, and
associated products.
Recommendation: Approval subject to conditions and adoption of Resolution
04-31.
Staff Reoort
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
stated that within the Main Street Specific Plan (MSSP) Zone walk-up/take-out
restaurants are allowed subject to a Conditional Use Permit (CUP) provided that they do
not have more than 10 seats and that the parking requirement of 1 space per 500
square feet is met. He explained that the building that formerly housed John's Food
King Market is an older structure whose owner also owns the parking lot across the
street and the Hennessey's Tavern building. He said that parking in this lot has always
been considered to be on-site in a two-thirds/one-third arrangement with the original
owner (Dorothy Nescher). He indicated that Staff has determined that the parking
requirement for a 1 :500 square foot ratio has been met for any land use in this new
structure that would demand a similar amount of parking. He noted that Commissioner
Deaton had some questions on this finding, so Staff has provided a memorandum with
background information on the parking for these structures. He reiterated that Staff
finds that the parking requirement has been met and is recommending approval of
Conditional Use Permit 04-4, subject to conditions. He added that within the past two
years the Planning Commission (PC) has approved several similar applications along
Main Street. Mr. Cummins then noted that a separate memorandum with proposed
additional conditions is also provided to the Commission. He said that primarily the City
Engineer proposes that because this is to be a walk-up/take-out business, another trash
receptacle should be placed in front of the building, and that a bike rack be provided to
prevent clutter from customer bicycles.
Commissioner Questions
None.
Public Hearina
Chairperson Sharp opened the public hearing.
Mr. Jeff Ramsey, representative of Main Street Square LP, the property owner, spoke in
support of approval of CUP 04-4 as submitted. He stated that they look forward to
providing valuable business services to the City of Seal Beach. Chairperson Sharp
asked if Mr. Ramsey had received a copy of the additional proposed Conditions of
Approval. Mr. Ramsey stated that both he and the applicant had reviewed the proposed
resolution and conditions of approval and found them to be acceptable.
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City of Seal Beach Planning Commission
Meetmg Mmutes of June 16, 2004
Mr. Alan Grant, owner of Z-Pizza, stated that he has seen the proposed Conditions of
Approval and he looks forward to opening Z-Pizza and being an important part of the
community.
Mr. Woody Woodruff stated that Angelo's Deli recently opened and is a high-end deli
that brings in many customers from out of town who want to shop on Main Street. He
noted that the owners of Angelo's went through a lot to establish their business here
because their building measures over 1,000 square feet. He said that Angelo's has 9
parking spaces, which is two-thirds of what Main Street Square has, but Angelo's has
no seating inside the deli. He said that Main Street Square was originally to be
comprised of 6 stores, but this had changed to 7 stores. He pondered that perhaps they
had discovered that for any business under 1,000 square feet they would not have to
prOVide real parking. He said that parking is being intensified no matter what, and this
"strip mall" is not gOing to be good for Main Street. He stated that Main Street IS unique
and business owners do not want Main Street compared to a strip mall. He indicated
that unique businesses are needed and so far those that have gone into the Main Street
Square retail spaces are not particularly unique, as two doors away from the proposed
location for Z-Pizza is another walk-up/take-out pizza store. He said he did not know if
there was anything the PC could do to change or delay this, but he does not believe that
this is the way to maintain the charm of Old Town. Mr. Woodruff then noted that there
have been several complaints of strong odors from roasting coffee beans at the new
Javatlnl coffee house. He recommended denial of CUP 04-4.
Mr. Cummins noted for the record that Staff had received a letter from Mr. Maury Nipp
expressing his opposition to CUP 04-4.
There being no one else wishing to speak, Chairperson Sharp closed the public
hearing.
Commissioner Comments
Commissioner Deaton stated that the perception of many business owners on Main
Street is that the Main Street Square (MSS) retail building was constructed so as to
ensure that the retail units "meet the letter of the law" in order to avoid the requirement
of a CUP or having to participate in the in-lieu parking program. She said that other
Main Street business owners are asking why they are subject to these requirements yet
the tenants of the MSS building do not have to contend with this. She indicated that as
long as MSS is meeting the law, she has no problem with this. She said that the last
time she checked, Javatini had 22 seats inside, but because they applied as a business
with 10 seats or less they did not have to come before the PC. Commissioner Deaton
then stated that John's Market had designated a dedicated loading zone on the side of
the building and because MSS is no longer using this space as a loading zone, it has
become 3 parking spaces for MSS, prompting other business owners to note that they
too have extra parking in front of their businesses, but are not given credit for these
spaces. She said she has no problem with another pizza place on Main Street, but
there is a perception problem on the part of other business owners. She stated perhaps
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City of Seal Beach Planning Commission
Meeting Minutes of June 16, 2004
the City should evaluate whether it wants to allow property owners to cut up business
properties into tiny parcels that are designed to meet the zoning standards simply to
avoid having to go through the CUP process or to provide the required parking. She
indicated that she would like the City to look into making parking on Main Street more
equitable or provide stronger enforcement.
Chairperson Sharp stated that this is the first time he has ever had someone complain
about something being too small, as opposed to complaints about a business being too
large.
MOTION by Deaton; SECOND by Shanks to approve Conditional Use Permit 04-4 and
adopt Resolution 04-31 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Cummins clarified that Angelo's Deli did apply for and receive approval of a CUP
pnor to opening on Main Street. He said it was approximately 18 months from the time
of approval until the opening of the deli. He then added that certain land uses within the
City require specific parking ratios and these are purely policy decisions of the City
Council as is the determination of which land uses require CUPs. He said that Staff
would be happy to conduct a study session to look at possible recommendations to City
Council regarding this issue. Commissioner Deaton stated that stronger enforcement is
needed to prevent businesses like Javatini having more seats than originally approved
with its CUP. Mr. Cummins stated that a letter was mailed today to both the business
owner and property owner regarding this issue.
Mr. Abbe advised that the adoption of Resolution No. 04-31 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
STAFF CONCERNS
Mr. Cummins stated that the June 23, 2004 has already been canceled, and the July 7,
2004 meeting is also proposed for cancellation due to the July 4th holiday. Chairperson
Sharp spoke for the Commission in favor of canceling the July 7,2004 meeting.
COMMISSION CONCERNS
Commissioner Deaton asked about the procedure for dealing with the inequity in
parking issues on Main Street. Mr. Cummins stated that enforcement of CUPs and
Municipal Code violations in commercial areas is an issue that comes up from time to
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CIty of Seal Beach Planning CommissIon
Meetmg Mmutes of June 16, 2004
time and the City does have a Code Enforcement Officer who is out in the field every
day; however, code enforcement is handled primarily on a complaint basis and there is
usually enough work to keep the Code Enforcement Officer busy at all times. He
indicated that because this is done on a complaint basis, there might be the perception
that code enforcement issues are not being addressed, or that specific individuals are
being "singled out." Commissioner Deaton noted Cinnamon Productions is a
double-size shop and she inquired about the number of seats allowed. Mr. Cummins
stated that Cinnamon Productions predates the Main Street Specific Plan (MSSP) and
despite its size it was grand fathered in when the MSSP was adopted. Commissioner
Deaton stated that Cinnamon Productions and Bogart's each have 10 seats or less, and
there other shops that are also in compliance with the 10 or less seat requirement. Mr.
Cummins reported that City Council (CC) has requested a number of study session
items be returned to the Planning Commission for further review, and perhaps in the fall
Staff could conduct a study session on parking requirements in the MSSP Zone. He
stated that inherently in any parking code there are policy determinations of
encouraging certain uses and discouraging others, and this is ultimately a Council
decision. He indicated that at the time of adoption of the MSSP CC had down zoned
hardware and grocery stores with the clear intent of trying to keep Bay Hardware and
John's Food King on Main Street. Commissioner Deaton emphasized that presently
she is more concerned with the perception of equity in handling parking issues on Main
Street.
Commissioner Shanks referred to the memorandum regarding the renovation of the
Vons Pavilions Center (Regency Center), and noted that there is no mention of the
proposed plan for the smaller shops in the strip building along the northerly side of the
center. Mr. Cummins stated that Staff has received only the preliminary site plan, which
shows the elimination of the gas station and car wash, with the strip of shops that runs
along Bolsa Avenue to remain in its current location with some minor expansions, and a
large restaurant pad fronting Pacific Coast Highway (PCH). He said the existing Vons
Pavilions is to be expanded into the existing Sav-On Drug building and the new Sav-On
Drug is to be constructed on the northwest end of the center. He noted that the
applicant has not yet provided information on the existing shop tenants that are to
remain in the smaller strip building.
ADJOURNMENT
Chairperson Sharp adjourned the meeting at 9: 15 p.m. to the scheduled meeting of July
21,2004.
Respectfully Submitted,
Carmen Alvarez, Executive retary
Planning Department
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APPROVAL
City of Seal Beach Planning Commission
Meeting Mmutes of June 16, 2004
The Commission on July 21, 2004 approved the Minutes of the Planning Commission
Meeting of Wednesday, June 16, 2004. Q....e-.
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