HomeMy WebLinkAboutPC Min 2004-05-19
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for May 19, 2004
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
Distnct 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.
o Copies of staff reports and/or written materials on each agenda item are on file in
the Department of Development Services and City libraries for public inspection.
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City of Seal Beach Planning Commission · Agenda of May 19, 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 Planmng
Commissioners and discussed with staff.
All Droceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for May 19, 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 5, 2004.
2. Minor Plan ReView 04-5
1611 Island View
Applicant/Owner:
Request:
Gloria A. Souders
Addition of 481 square feet to an existing legal
nonconforming residential structure, which is
nonconforming due to side yard setback area.
Applicant proposes to add the square footage in rear
yard area.
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City of Seal Beach Planning Commission · Agenda of May 19, 2004
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Recommendation: Continue item to next regularly scheduled meeting of
June 9, 2004
VI SCHEDULED MATTERS
VII PUBLIC HEARINGS
3. Conditional Use Permit 01-15 (Indefinite Extension)
12430 Seal Beach Blvd. (Pick-Up-Stix)
Applicant/Owner:
Request:
Kevin Riley I Vestar Property Management
To continue to have approximately 20 outdoor seats
at the Pick-Up-Stix Restaurant.
Recommendation:
Approval subject to conditions and adoption of
Resolution 04-30
VIII STAFF CONCERNS
. IX COMMISSION CONCERNS
x. ADJOURNMENT
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City of Seal Beach Planmng CommIssIon. Agenda of May 19,2004
2004 Aaenda Forecast
CUP 01-14 Indefinite Extension -12420 Seal Beach Blvd (Daphne's)
CUP 04-4 -148 Main Street (Z-Pizza)
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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[J
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Staff Report:
Study Session:
Study Session:
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of May 19,2004
Chairperson Sharp called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, May 19, 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
MOTION by Deaton; SECOND by Ladner to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Cummins noted that there were several members of the public present who may
have been confused With regard to tonight's meeting agenda. He noted that some of
the local newspapers had published an announcement stating that issues related to the
proposed Village At Rossmoor Development would be under discussion by the Planning
Commission (PC) tonight. He indicated that no item related to this project or to The
Parasol Restaurant is scheduled on tonight's agenda. He stated that anyone wishing to
speak on these issues would need to do so during Oral Communications. He explained
that this type of issue is within the subject matter jurisdiction of the PC, but no action
would be taken on any comments made this evemng and the Commission would not be
discussing any portion of this project this evemng. He noted that the PC would probably
not see a formal hearing on this project for at least 8-10 weeks. He encouraged anyone
having questions on this project to contact his office at any time and he would be happy
to respond.
1 These Minutes were transcnbed from audiotape of the meeting
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CIty of Seal Beach Plannmg Commission
Meetmg Mmutes of May 19, 2004
ORAL COMMUNICATIONS
Chairperson Sharp opened oral communications.
Mr. Scott Morgan of Los Alamltos stated that the process is not working with regard to
public involvement. He said that notice of the environmental assessment was not
circulated to the general community and the assessment was done with the intent of
ignoring relevant issues, particularly with regard to traffic and noise. He noted that
conflicting dates regarding the public hearing for this project have been circulated and
he is very concerned that the public is not receiving clear and timely information.
Ms. Nancy Luebben of Los Alamitos stated that she is a member of the group, "Friends
of the Parasol," which is a group of concerned citizens With the objective of saving The
Parasol Restaurant from demolition. She noted that the tlmeframe for public comment
was very abbreviated since the community was not made aware of this project until after
the public review period had begun. She said the confusion about the meeting date
resulted from the original Notice of Intent to Adopt a Mitigated Negative Declaration
(MND) circulated for this project and sent out on City letterhead. She noted that the
newspapers had simply used the dates that the City had published and no other written
communication revising these dates had ever been received. She stated when
concerned citizens had called the Department of Development Services they were told
that this item would not be on tonight's agenda, others were told that there would be no
PC meeting tonight, and others were simply hung up on, as she was on one occasion.
She said that the fairness and openness of this project IS in question and the public has
a nght to feel that they are somehow being excluded. She requested that the City be
open and clarify the issues to ensure that the public is aware of its rights and when they
can express themselves, and when decisions are to be made. She read a letter into the
record describing the activities of the Friends of the Parasol and relaying their concerns
on the proposed demolition of this structure. (Copy of letter is on file for inspection in
the Planning Department.) ChaIrperson Sharp requested that Ms. Luebben provide a
copy of the letter printed on City letterhead that she stated had been circulated to the
public. Ms. Luebben stated she would be happy to provide this
Mr. Jeff Dickman of Santa Ana stated that he lives in the historic French Park
neighborhood where many older homes and businesses are located, and he was
recently made aware of the proposed demolition of The Parasol Restaurant. He said he
is a member of the historic association board and is familiar with histonc preservation.
He encouraged the City do whatever it can to save The Parasol and attempt to
incorporate It into the new development. He stated that Seal Beach does not want to
end up like Santa Ana With lots of unattractive stnp malls. He noted that once these
histonc structures are gone there is no replacing them.
Mr. Kirk Benbenick stated that he manages the website for The Friends of The Parasol
and noted that they are averaging 400-600 visitors to the website per day, many from
around the world. He urged the PC to help save The Parasol.
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CIty of Seal Beach PlannIng CommIssIon
Meetmg Mmutes of May 19, 2004
Ms. Betty Rizzoli, a resident of Leisure World, stated that there is a great disconnect
between the pride that is taken in the historic Old Town District as compared to the lack
of concern over this historic landmark in the Rossmoor area. She said that The Parasol
IS an extremely popular place that many people feel very strongly about. She
encouraged the PC to consider this before allowing this structure to be demolished.
Chairperson Sharp noted that the PC IS not saying that it favors demolition of The
Parasol and the PC actually has nothing to do with this project at this time He said that
there is really nothing the PC can do about this until the public hearing is conducted.
He noted that this is very different from the Bixby Project, which had to be zoned and
required a lot of changes prior to beginning construction, as this was vacant land. He
said that the Rossmoor Center is already zoned for the proposed project and has the
required parking and space, which limits the control that the PC might have in approving
this project. He thanked the members of the public present tonight. Mr. Cummins
reiterated that anyone having questions or concerns should contact his office and he
would be happy to return their calls. He noted that he has received only 4-5 telephone
calls since the Environmental Quality Control Board meeting of April 28, 2004.
There being no one else wishing to speak, Chairperson Sharp closed oral
communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of May 5, 2004
2. Minor Plan ReView 04-5
1611 Island View
Applicant/Owner:
Request
Gloria A. Souders
Addition of 481 square feet to an existing legal
nonconforming residential structure, which is nonconforming
due to side yard setback area. Applicant proposes to add
the square footage In rear yard area.
Recommendation:
Continue item to next scheduled meeting of June 16, 2004.
MOTION by Shanks; SECOND by Ladner to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of May 19, 2004
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
3. Conditional Use Permit 01-15 (Indefinite Extension)
12430 Seal Beach Blvd. (Pick-Up-Stix)
Applicant/Owner:
Request:
Kevin Riley I Vestar Property Management
To continue to have approximately 20 outdoor seats at the
Pick-Up-Stlx Restaurant.
Recommendation:
Approval subject to conditions and adoption of Resolution
04-30
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
noted that the building fronts Seal Beach Boulevard with the main entrance facing the
inside of the parking lot area. He stated that the outdoor dining area extends to the
south of the structure toward the eXisting drive aisle. He said the applicant has been in
compliance with all of the conditions of approval and Staff recommends approval
subject to conditions.
Commissioner Questions
None.
Public Hearina
Chairperson Sharp opened the public hearing.
Mr. Kenny Debing, representative for Pick-Up-Stix, stated that when the restaurant
originally opened in 2001 the City requested that all the patio chairs be removed until
Pick-Up-Stix was in compliance with City requirements. He said that a railing was
installed 36 inches from the curb, as required by the City. He indicated that the patio
currently accommodates 5 tables with 3 umbrellas and 20 chairs.
There being no one else wishing to speak, Chairperson Sharp closed the public
hearing.
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of May 19, 2004
Commissioner Comments
None.
MOTION by Shanks; SECOND by Eagar to approve Indefinite Extension of Conditional
Use Permit 01-15 and adopt Resolution 04-30 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. 04-30 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 if the Commissioners have questions regarding the Village at
Rossmoor project, he would be happy to meet with them individually to review this
information. He noted that the comment period has just closed and Staff is reviewing
the comments received.
Mr. Cummins then introduced the new Planning Department Summer Intern, Ms.
Jennifer Frisk.
Commissioner Shanks asked the Associate Planner to provide notification of the
change in the June Planning Commission meeting schedule. Mr. Cummins reported
that after tonight's meeting Chairperson Sharp would be adjourning to an adjourned
meeting on June 16, 2004, as City Council will be conducting a budget hearing on the
night of June 9, 2004.
COMMISSION CONCERNS
Commissioner Eagar requested clarification regarding the letter mentioned by Ms.
Luebben, which she stated was sent out on City letterhead regarding the Notice of
Intent. Mr. Cummins stated that when a lead agency circulates any type of
environmental document there is a tentative draft schedule associated with it. He said
that the hearing notice is the Notice of Preparation (NaP) or Notice of Intent to Adopt
depending upon what type of document is to be circulated. He noted that part of this
notice calls out a potential hearing schedule, and when the document for the Village at
Rossmoor was prepared in February and completed in March and circulated at the
beginning of April, it contained the potential schedule. He indicated that this schedule
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of May 19. 2004
clearly would not occur after the City began to receive comments. Commissioner
Deaton asked why subsequent notice of any changes is not circulated after the initial
notice. Mr Cummins stated that the City provides notice to the newspaper, and in this
situation there will be a re-noticlng. He indicated that typically the City does not re-
notice meeting to meeting, but will usually send out a notice at the beginning with the
tentative schedule, and the actual meeting date is usually very close to the projected
schedule. He reiterated that there would be a re-notlce before the next set of hearings.
Commissioner Deaton asked if those persons Interested would receive notification of
the actual dates of the hearing. Mr. Cummins stated that only those residents within
300 feet of the project property would receive notice as well as the local newspaper.
Commissioner Deaton asked if the newspaper had printed the fact that the meetings
were not on schedule. Mr. Cummins stated that when the City notifies the newspapers,
the notice is published in the "Legal Notices" section.
Commissioner Shanks inquired about the remodel projects for Ruby's Diner and Marie
Callendars Restaurant. Mr. Cummins stated that building permits were just issued for
the Marie Callendars remodel, but Ruby's Diner is stili In the process of acquinng a
permit from the California Coastal Commission (CCC). He noted that CCC has
concerns related to parking. Commissioner Deaton asked if the City lot were
considered parking for Ruby's. Mr. Cummins stated that this has always been the City's
position, however, the CCC is taking a different position. He said that, as Staff
understands the CCC is concerned that the City lot provide parking for beach patrons
only.
ADJOURNMENT
Chairperson Sharp adjourned the meeting at 8:00 p.m. to an adjourned meeting on
June 16, 2004.
Respectfully Submitted,
~nkA~I\.~"," ~\J.~
Carmen Alvarez, Executive Sec~ary
Planning Department
APPROVAL
The Commission on June 16, 2004 ap~ the Minutes of the Planning Commission
Meeting of Wednesday, May 19, 2004. .
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