HomeMy WebLinkAboutPC Min 2004-04-07
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for April 7, 2004
7:30 p.m.
District 1 - Ellery Deaton
District 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 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 April 7, 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 Planmng 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 Planmng
Commissioners and discussed with staff.
All IJroceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for April 7, 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 March 3, 2004.
2. RECEIVE AND FILE: Information Reports.
3. RECEIVE AND FILE: Notice of Intent To Approve Participation in the
In-Lieu Parking Program -148 Main Street, Unit E.
4. RECEIVE AND FILE: Various Legal Decisions and Amicus Bnefs.
5. Provision of City Council Policy 600-10, Determination of Parking -
Business Suites Not Facing Main Street Within the Main Street Specific
Plan Area.
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CIty of Seal Beach Planmng Commission · Agenda of Apnl 7, 2004
6. Minor Plan Review 04-3
405 Crystal Place
Applicant/Owner:
Request:
Recommendation:
John Kearns
To construct an approximately 5-foot tall waterfall into
the required setback area. Under the prOVisions of
Section 28-401, applicants may apply for an
accessory structure to extend up to 10 feet into the
required rear yard setback area under the Minor Plan
Review process.
Approval subject to conditions and adoption of
Resolution 04-12
7. Minor Plan Review 04-4
705 Bayside Drive
Applicant/Owner:
Request:
Rick Gordon
To add approximately 1,423 square feet to an existing
legal nonconforming residential structure. This
structure is nonconforming in the front yard setback
area. The applicant is proposing to add the square
footage in the rear yard area and to add a second
floor.
Recommendation: Approval subject to conditions and adoption of
Resolution 04-2
VI SCHEDULED MATTERS
8. Request by City Council - Reconsideration of Planning Commission
Recommendations Regarding Expansion and Additions to nonconforming
Residential Condominium Properties and Condominium Conversion
Regulations.
VII PUBLIC HEARINGS
9. Conditional Use Permit 00-10 (Indefinite Extension)
1198 Pacific Coast Highway (Blackboard Bistro)
Applicant/Owner'
Request:
Joseph Barbara I City of Seal Beach
To continue the sale of beer and wine at an eXisting
restaurant. Specifically, the applicant IS requesting a
permit for the sale of beer and wine for on premises
consumption only. In addition, the applicant has an
Page 4 of 7
CIty of Seal Beach Planmng CommIssIon · Agenda of April 7, 2004
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Recommendation:
existing outdoor dining area, WhiCh, If approved, will
continue in use.
Approval subject to conditions and adoption of
Resolution 04-19
10. Conditional Use Permit 01-6 (Indefinite Extension)
500 Pacific Coast Highway (Oster's Donuts)
Applicant/Owner:
Request:
Recommendation:
James Watson
To continue to have an outdoor dining area at an
existing restaurant.
Approval subject to conditions and adoption of
Resolution 04-15
11. Conditional Use Permit 02-3 (Indefinite Extension)
3005 Old Ranch Parkway (Spaghettini Rotisserie & Grill)
Applicant/Owner:
Request:
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Spaghettini Rotisserie & GrillI Bixby Ranch Company
To continue to permit live jazz music 7 days a week
from 7:00 p.m. to midmght.
Recommendation: Approval subject to conditions and adoption of
Resolution 04-14
12. Height Variation 04-2
B-98 Surfside
Applicant/Owner
Request:
Recommendation:
Michael Baker
To construct a Covered Roof Access Structure
(CRAS) in excess of the 35-foot height limit in
Surfside. Specifically, the CRAS would exceed the
height limit by approximately 7 feet
Approval subject to conditions and adoption of
ResolutIon 04-17
13. Zone Text Amendment 04-2
Applicant/Owner.
Request:
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James R. Watson
To consider an amendment to the Code of the City of
Seal Beach to reduce the required side yard setbacks
in residential housing zones that abut the stub streets
along the "Gold Coast" area of Ocean Avenue. The
setback requirement is currently 15% in all housing
zones (RLD, RMD, & RHD) and is proposed to be
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Cdy of Seal Beach Planning Commission · Agenda of April 7, 2004
Recommendation:
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
reduced to 10% in the RLD District 1 Zone. Only
properties. on the ocean side of Ocean Avenue
(between 1st and 8th Streets) would be affected.
Approval and adoption of Resolution 04-16
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CIty of Seal Beach Planning Commission · Agenda of Apnl 7, 2004
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2004 Aaenda Forecast
Apr 21
CUP 99-5 Indefinite Extension -12490 Seal Beach Blvd (Sav-On)
CUP 01-12 Indefinite Extension -12320 Seal Beach Blvd (Islands)
CUP 01-14 Indefinite Extension -12420 Seal Beach Blvd (Daphne's)
CUP 02-8 Indefinite Extension - 12890 Seal Beach Blvd (Baja Frash)
May 05
May 19
Jun 09
Jun 23
Jul07
Jul21
Aug 04
Aug 18
. Sep 08
Sep 22
Oct 06
Oct 20
Nov 03
Nov 17
Dee 08
Dee 22
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 April 7, 2004
Chairperson Sharp called the regularly scheduled meeting of the Planning Commission
to order at 7 30 pm on Wednesday, April 7, 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
Lee Whittenberg, Director of Development Services
Mac Cummins, Associate Planner
Alexander Abbe, Assistant City Attorney
Absent
AGENDA APPROVAL
MOTION by Shanks, SECOND by Ladner to approve the Agenda as presented.
MOTION CARRIED: 5 - 0
AYES: Sharp, Deaton, Eagar, Ladner, and Shanks
NOES: None
ABSENT: None
Mr Whittenberg noted that Item No 8 IS a scheduled matter and IS not a formal public
hearing Item. He stated that some of the members of the public present tOnight may
Wish to comment on this item He suggested that before the public hearings begin the
Planning Commission (PC) decide whether it Will allow public comments when Item 8 IS
addressed or If the PC Wishes to allow the public to address thiS Issue dUring public
comments Commissioner Deaton stated that she would prefer to hear the comments
when Item No 8 IS addressed so that It IS easier to track comments from the public It
was so ordered by Chairperson Sharp
ORAL COMMUNICATIONS
Chairperson Sharp opened oral commUnications
1 These MInutes were transcrrbed from audIotape of the meetrng
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of Apnl 7, 2004
There being no one wishing to speak, Chairperson Sharp closed oral communications
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of March 3, 2004
2 RECEIVE AND FILE' Information Reports
3 RECEIVE AND FILE Notice of Intent To Approve Participation in the In-Lieu
Parking Program -148 Main Street, Unit E
4 RECEIVE AND FILE Vanous Legal Decisions and Amicus Bnefs
5 ProvIsion of City Council Policy 600-10, Determination of Parking - Business
SUites Not Facing Main Street Within the Main Street Specific Plan Area
6. Minor Plan Review 04-3
405 Crystal Place
Applicant/Owner
Request.
John Kearns
To construct an approximately 5-foot tall waterfall into the
required setback area. Under the provisions of Section 28-
401, applicants may apply for an accessory structure to
extend up to 10 feet Into the required rear yard setback area
under the Minor Plan Review process
Recommendation
Approval subject to conditions and adoption of Resolution
04-12
7. Minor Plan Review 04-4
705 Bayside Dnve
Applicant/Owner:
Request.
Rick Gordon
To add approximately 1,423 square feet to an eXisting legal
nonconforming residential structure. ThiS structure IS
nonconforming In the front yard setback area The applicant
is proposing to add the square footage In the rear yard area
and to add a second floor.
Recommendation.
Approval subject to conditions and adoption of Resolution
04-20
MOTION by Deaton, SECOND by Shanks to approve the Consent Calendar as
presented
MOTION CARRIED: 5 - 0
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of Apnl 7, 2004
A YES:
NOES:
ABSENT:
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr Abbe advised that the adoption of Resolution Nos 04-12 and 04-20 begins a 10-day
calendar appeal period to the City Council The Commissioner action tOnight is final
and the appeal penod begins tomorrow morning.
SCHEDULED MATTERS
8. Request by City Council - Reconsideration of Planning Commission
Recommendations Regarding Expansion and Additions to Nonconforming
Residential Condominium Properties and Condominium Conversion Regulations
Staff Report
Mr Whittenberg stated that at the City Council (CC) meeting of March 8, 2003, It was
requested that thiS item be referred back to the PC for additional consideration He said
that at that time of the CC adoption of the ordinance regarding expansion or additions to
nonconforming single-family residential properties in town, CC concurred with the PC
recommendations and adopted the ordinance as recommended. He noted that at that
same meeting a particular individual addressed the CC regarding a nonconforming
property due to density that meets all the parking, setback, and height requirements
That Individual requested that CC reconsider this issue and CC took action to refer the
matter back to the PC for ItS determination Mr Whittenberg indicated that If the PC
wished to receive additional information on thiS Item Staff could provide thiS at a later
meeting date, or the PC could state that it chooses to sustain its previous determination
Mr Whittenberg then stated that one of the Council members had requested that the
PC consider the conversion of condominiums for eXisting properties that meet all
development standards except for density He said the City Zoning Ordinance now
allows for conversions of eXisting multi-unit properties to condominiums, but requires
that the property comply with the current density standards He noted that most of the
condominiums in the Old Town area probably do not meet these density standards. He
indicated that Ordinance 1519, recently passed by CC, only allows for future requests to
come before the City for expansions to nonconforming single-family residences where
the only nonconformity IS a setback or a height
Commissioner Deaton requested c1anflcatlon on what the PC IS being asked to do with
thiS Issue Mr Whittenberg reiterated that the PC is to consider whether the City should
reVIsit thiS Issue for determination If City Code should be revised to allow for
conversions when density requirements are not met.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of Apnl 7, 2004
Public Comments
Mr Jim Caviola stated that the ZOning Ordinance is the constitution by which the
property owners of the City of Seal Beach live and It should not be changed. He said
that the condo conversion issue was happening 20 years ago and was stopped, and the
project that triggered this recent hearing IS a nonconforming property that was a condo
conversion and now the property owner wants to add to It. He indicated that CC and
the PC have just revIsited thiS Issue and made the determination that there would be no
provisions for expansions or additions to nonconforming structures He said that he felt
It IS devIous to attempt to gain acceptance for thiS type of request by stating that it IS for
"condominiums." He recommended making no further changes to the nonconforming
ordinance.
Ms MitZI Morton stated that after spending a year on finalizing Ordinance 1519, she
cannot understand why Individuals wanting to convert nonconforming properties to
condominiums did not present their case dUring that time She said that after passage
of Ordinance 1519 the condominiums In Old Town became legal nonconforming
structures that should not be allowed additions or expansions
Mr Warren Morton also recommended denial of any requests to convert duplexes or
multi-family Units Into condominiums
Mr Dennis Smith stated that he owns a condominium duplex at 1107 Ocean Avenue.
He said that he had spoken to the CC regarding additions to nonconforming multi-family
units and based upon his comments the CC was able to see that there was a problem
with Ordinance 1519 and had directed that the PC reconsider the Issue Mr Smith
recommended that the PC take another look at thiS Issue He said that he was not an
absentee landlord looking to add more square footage but IS a 15-year condominium
owner who lives In Arcadia. He said that he and his wife come to Seal Beach on
weekends and during the summer and would like to retire here. He said that the his Unit
IS a small, two-bedroom, one bath condo and he would like to be able to add another
bath He asked to present photographs of his property for review by the PC. Mr.
Whittenberg stated that the PC could receive the photographs and view them as a part
of the diSCUSSion, or the PC could determine that they do not need to see the photos
Chairperson Sharp polled the Commission Commissioner Deaton stated that the PC
must take all of the eVidence Into consideratIon before making a determination, so she
asked to see the photographs Commissioner Shanks queried Mr Smith regarding the
layout of the property Mr Smith explained that the structure IS a duplex with two upper
Units He said that the garages have a 20-foot setback from the alley, while a
neighboring home IS set back only 9 feet He stated that there are 6 parking spaces on
thiS 25-foot lot' 4 tandem spaces in the garage and 2 additional spaces outside the
garage He noted that his neighbor to the east, which IS a single-family residence
(SFR), has two parking spaces He stated that If he adds the bathroom upstairs, the
structure will extend and additional 5 feet, leaving a 13-foot setback from the alley. He
indicated that his property meets all other development standards, except density He
stated that as an architect he has worked with many other Cities that have made
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of Apnl 7, 2004
prOVISion for allowing expansions to legal nonconforming structures Mr. Smith stated
that he did not believe It was fair that his neighbor who has a larger home is allowed to
make additions and Mr Smith is not He said that having to apply for a Variance In
order to make an addition to his home would not help as approval on Variances are
difficult to acquire He encouraged the PC to consider his remarks In making their
determination on this issue
Mr Whittenberg Interjected that this afternoon Staff had received a wntten letter from
Mr Ron Hanes, the owner of the property at 121 Thirteenth Street, who was not able to
be present tOnight He stated that Mr Hanes requests that the PC reconsider the issue
of converting apartments to condominiums when the property meets all development
standards. Mr Whittenberg stated that Mr Hanes was planning on completing a
conversion but discovered that this would not be allowed. The Director of Development
Services stated that Staff was very clear In telling Mr Hanes that thiS standard has been
In place since 1987.
Ms Mitzi Morton commented that If Mr. Smith were allowed to do as he has proposed,
she would like to enclose the three balconies on her property on Thirteenth Street She
said that If one person were made the exception it would lead to many others expecting
to gain approval for other similar requests
Mr. Cavlola stated that when a home IS constructed there IS an open space
requirement He noted that Mr Smith's bUilding was constructed as an apartment
bUilding by Mr Erickson and has been pushed all the way forward, leaving no open
space Chairperson Sharp noted that the PC was not considering one piece of
property, but was consldenng all residential properties Within the City.
Mrs Lynn Smith stated that they had purchased their duplex 15 years ago and have
always planned on retiring In Seal Beach She stated that If they are going to be living
In thiS house until they die, they would need another bathroom.
Commissioner Comments
Commissioner Deaton stated that after working on thiS Issue for over one year, It would
not be a good Idea to begin making exceptions She said that the Variance process IS
perfect for thiS use when there IS a hardship She recommended leaving the ordinance
as approved
Commissioner Shanks stated that he was in agreement with Commissioner Deaton's
comments He said Mr Smith stated that he has 6 parking spaces, but the cars having
to be parked in a tandem configuration bothers him He said that thiS manner of parking
IS not very useful and does not add to Mr. Smith's argument.
CommisSioner Eagar asked If what CommisSioner Deaton was proposing IS that no
further study on thiS Issue be undertaken. Commissioner Deaton stated that at thiS
point she IS simply addressing the issue of expansions to nonconforming uses
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of Apnl 7, 2004
CommiSSioner Eagar stated that If the Variance process IS to an option, then he concurs
wIth Commissioners Deaton and Shanks
Chairperson Sharp stated that he IS also IS agreement
MOTION by Deaton, SECOND by Shanks to recommend that Ordinance 1519 remain
as approved by City Council
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr Whittenberg stated that Staff would prepare a report to CC to be presented at the
April 26, 2004 Council meeting He noted that the April 12, 2004 CC meeting had been
cancelled He indicated that Ordinance 1519 does go Into effect tomorrow, and
whatever the PC decision was tOnight would not have affected the ordinance taking
effect He stated that the PC stIli had to address the Issue of the condominium
conversions.
Commissioner Deaton said that she had no problem With ownership, but when taking
these structures out of an apartment setting and putting them into an ownership setting
the City would end up With these owners wanting to make changes to these structures
Chairperson Sharp stated that the Issue has been addressed In the past and City policy
on this has been working and he believes that It should remain In force Commissioner
Eagar was in agreement
MOTION by Deaton, SECOND by Ladner to deny condominium conversions.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Whittenberg stated that this determination would be part of the same report to the
CC for April 26, 2004
PUBLIC HEARINGS
9 Conditional Use Permit 00-10 (Indefinite Extension)
1198 Pacific Coast Highway (Blackboard Bistro)
Applicant/Owner
Joseph Barbara I City of Seal Beach
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of Apnl 7, 2004
Request To continue the sale of beer and wine at an eXisting
restaurant Specifically, the applicant is requesting a permit
for the sale of beer and wine for on premises consumption
only In addition, the applicant has an eXisting outdoor
dining area, WhiCh, if approved, will continue in use
Recommendation Approval subject to conditions and adoption of Resolution
04-19
Staff Report
Mr Cummins delivered the staff report (Staff Report IS on file for inspection in the
Planning Department) He stated that this IS one of several requests the PC will be
reviewing over the next few meetings. He said that Staff has conducted an audit of
Conditional Use Permits (CUP) granted over the past few years and found several
CUPs that required a 6- or 12-month review period He indicated that these are
tYPically CUPs granted for alcohol licenses or outdoor seating He said that the
Blackboard Bistro IS proposing to continue the sale of alcoholic beverages for on-site
consumption and to continue the use of a 400-square foot outdoor patio dining area.
He stated that Staff has received no complaints related to the restaurant and-
recommends approval subject to conditions
Commissioner Questions
Commissioner Shanks asked If the restaurant has an outside patio Mr Cummins
confirmed that the outdoor dining area fronts Pacific Coast Highway (PCH) and IS
surrounded by a 4-foot high glass railing
Public Hearlna
Chairperson Sharp opened the public hearing
There being no one wishing to speak, Chairperson Sharp closed the public hearing
MOTION by Deaton, SECOND by Ladner to approve Indefinite Extension of Conditional
Use Permit 00-10 and adopt Resolution 04-19 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 04-19 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 Planning CommIssIon
Meeting Minutes of Apnl 7, 2004
10. Conditional Use Permit 01-6 (Indefinite Extension)
500 Pacific Coast Highway (Oster's Donuts)
Applicant/Owner
Request
James Watson
To continue to have an outdoor dining area at an existing
restaurant
Recommendation'
Approval subject to conditions and adoption of Resolution
04-15
Staff Report
Mr Cummins delivered the staff report (Staff Report IS on file for inspection In the
Planning Department) He stated that this request IS substantially similar to the
prevIous CUP, but he noted that Oster's does not possess an alcohol license He
indicated that CUP 01-6 approved an approximate 230-square foot outdoor dining area,
which is essentially a small patio with tables and chairs He said that the request
tOnight IS to approve an indefinite extension for Oster's to continue to allow customers to
eat In the patio area He noted that Staff had received two letters today addressed to
Commissioner Deaton, one from Susan and Larry Bender at 450 Electric Avenue, and
the other from Bill and Gale Ayers at 707 Central Avenue, both stating their opposition
to approval of indefinite extension of CUP 01-6 He said that the content of these letters
largely relates to future plans of the property owner with regard to this space He
Indicated that CUPs are granted with specific floor plans attached to that CUP, and
should an applicant wish to change the floor plan In any manner, this would require an
entirely new CUP He stated that what the PC IS looking at tOnight is whether It wishes
to continue to allow the owner of Oster's Donuts to utilize the 230-square feet outside
the donut shop to allow customers to eat
Commissioner Questions
Chairperson Sharp asked If Staff had received complaints from the Seal Beach Police
Department or from the fire department Mr Cummins stated that no complaints had
been received Mr Whittenberg Interjected that Oster's has never taken advantage of
the prevIous CUP approval, so there has never been an outdoor eating area up to this
pOint
Commissioner Ladner asked if originally there had been an enclosed patio Mr
Whittenberg reported that there had been an enclosed patio, but the City had required
removal of the patio as Oster's had not received approval for this outdoor eating area
He said that they had removed the patio and subsequently submitted a CUP application
In order to re-establish the outdoor eating area
Commissioner Shanks stated that he had vIsited the site and could not ascertain where
the patio was located He asked where the patio was to be located Mr. Whittenberg
stated that the applicant IS present tOnight and could address this question during the
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public heanng He said that If the PC desired further Information, this Item could be
continued and Staff could return with additional information to clanfy the patio location.
Commissioner Deaton asked what the pros and cons to the owner of the donut shop
would be to have or not have the enclosed patio She clanfled that If there IS no
enclosed patio there can be no outdoor dining Mr. Cummins confirmed that this was
correct He said that the pro for the bUSiness owner IS additional area for customers to
eat He stated that he was not certain there were any cons, except that they would be
responsible for keeping this area clean
Chairperson Sharp confirmed that they already received approval for the outdoor dining
but had never put In the reqUired matenals to have the outdoor dining Mr Cummins
stated that thiS was correct
Commissioner Deaton asked If the CUP had expired since they do not have the outdoor
dining area Chairperson Sharp clanfled that CUP 01-6 for the outside dining area had
been granted, and Oster's is not applYing for an extenSion, even though the patio was
never constructed He said he would be Interested to hear from the applicant
Commissioner Shanks stated that he was under the imp-ression that if the approved
project IS not completed Within one year, the CUP expires Mr Cummins suggested
that the applicant come forward to respond to these questions
Public Heanna
Chairperson Sharp opened the public hearing
Mr Thong Tran, owner of Oster's Donuts, stated that he had applied along With the
landlord for CUP 01-6, which was subsequently approved He said that he had
requested wntten confirmation of the work that was to be completed from Mr James
Watson, but had never received thiS Mr Tran said that thiS was why he would not sign
any agreements Without thiS wntten Information. He said that he had been cautioned to
take care of signing any documents until what was promised was proVided to him In
writing He said that thiS has been gOing on for so long that he has deCided that he no
longer wants the patiO, and he had not wanted It In the first place He said that all he
needs are a couple of benches to place outside the entrance for people to Sit and eat
He stated that he had been pressured Into gOing along With the plans to construct the
patiO, but he does not have the money to construct the patio. He said all he wants to do
IS sell donuts and maybe Ice cream or yogurt, but he does not want to operate a
restaurant Chairperson Sharp Interjected that thiS sounds like a landlord/tenant
problem that the PC has no control over He stated that If Mr Tran does not want the
patiO, the PC could vote to deny thiS request Mr Tran reiterated that he does not want
the patio Mr Cummins Interjected that Mr Tran IS not the actual applicant in thiS
matter He stated that the property owner has brought the application before the PC
this evening
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Mr Rob McCone stated he IS a representative for Watson & Associates, owner of 550
Pacific Coast Highway (PCH) He stated that Mr. Tran had received written notification
In January 2004 that the owner would pay for the entire patio for the benefit of Oster's
Donuts and to Improve Mr Tran's ability to use this area for his customers He said that
after hearing Mr Tran's comments regarding his disinterest In having the patiO, he
would like to request that this application be Withdrawn
Mr Whittenberg clarified that in order to place benches outside the business for
customers to Sit and eat, an application for a CUP must be submitted to allow what Staff
terms "an outdoor dining area" He emphaSized that the City does not allow outdoor
dining areas, even If It is Just a bench or chairs, Without approval of a CUP He said that
If someone places a bench(s) In front of a business and pedestrians occasionally stop to
eat there, this would probably not become a major Issue, however, if It becomes an
Issue to neighboring businesses or residents, the City would then require removal of the
bench(s) pending approval of a CUP to allow this type of activity
Chairperson Sharp asked If the PC should simply vote to deny this application Mr
Whittenberg stated that the application has been Withdrawn, therefore, no vote IS
necessary
There being no one else Wishing to speak, Chairperson Sharp closed the public
hearing
11 Conditional Use Permit 02-3 (Indeflmte Extension)
3005 Old Ranch Parkway (Spaghettlm Rotisserie & Grill)
Applicant/Owner'
Request
Spaghettlnl Rotisserie & GrillI Bixby Ranch Company
To continue to permit live Jazz music 7 days a week from
7 00 P m to midmght
Recommendation
Approval subject to conditions and adoption of Resolution
04-14
Staff Report
Mr Cummins delivered the staff report (Staff Report is on file for Inspection In the
Planmng Department) He provided some background informatIon on this Item and
stated that CUP 02-3 was Originally submitted to request that the hours for live
entertainment be extended from 7 00 P m. to 11 00 P m to 7 00 P m to mldmght, 7 days
a week He stated that Spaghettim's has operated With a live musIc permit for several
years and Staff has received no complaints from the police department In the last two
years since the extension of hours was Originally granted. He said Staff recommends
approval of the Indeflmte extension of CUP 02-3 subject to conditions
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CommiSSioner Questions
Commissioner Eagar asked If there had been any complaints from residents of
Rossmoor Mr Cummins reported that Staff has received no complaints
CommiSSioner Shanks asked If there had been any parking problems since the
Japanese Steak House next door had opened for business Mr Cummins stated that
no problems had been reported
Public HearlnQ
Chairperson Sharp opened the public hearing
There being no one Wishing to speak, Chairperson Sharp closed the public hearing
MOTION by Shanks, SECOND by Ladner to approve Indefinite Extension of Conditional
Use Permit 02-3 and adopt Resolution 04-14 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 04-14 begins a 10-day calendar
appeal period to the City Council The Commissioner action tOnight IS final and the
appeal period begins tomorrow morning
12. Height Variation 04-2
B-98 Surf Side
Applicant/Owner
Request'
Michael Baker
To construct a Covered Roof Access Structure (CRAS) In
excess of the 35-foot height limit In Surf Side Specifically,
the CRAS would exceed the height limit by approximately 7
feet
Recommendation
Approval subject to conditions and adoption of Resolution
04-17
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
stated that subject to the provIsion In the MUnicipal Code related to Height Variations
the PC should consider the following criteria
1 Whether such variation IS appropriate for the architectural style of the bUilding.
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2. Whether such vanatlon IS appropriate for the character and Integnty of the
neighborhood
3 Whether such vanatlon does not significantly Impair the pnmary view from any
property located within 300 feet.
He stated that several years ago the PC and City Council (CC) had completed a very
arduous process In determining the types of designs that would be allowed to extend
beyond the height limit and adopted a senes of standards for these types of structures
He said that this project meets these standards and hlstoncally the PC has viewed
these applications to be In compliance with the provisions of City Code He stated that
Staff is recommending approval subject to conditions
Commissioner Questions
Chairperson Sharp asked If this address was on the second row of homes that backs up
to Pacific Coast Highway (PCH) Mr. Whittenberg confirmed that this was correct
Commissioner Ladner stated that these projects are usually approved by the Surf side
Colony Architectural Committee pnor to being presented to the City for approval.
Public Heanna
Chairperson Sharp opened the public hearing
Mr Michael Baker spoke In favor of approval of Height Variation 04-2 and stated that he
was present to respond to any questions from the Commission
There being no one else wishing to speak, Chairperson Sharp closed the public
hearing
MOTION by Deaton; SECOND by Eagar to approve Height Vanatlon 04-2 and adopt
Resolution 04-17 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. 04-17 begins a 10-day calendar
appeal penod to the City Council The Commissioner action tOnight IS final and the
appeal penod begins tomorrow morning
13 Zone Text Amendment 04-2
Applicant/Owner
James R. Watson
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Request To consider an amendment to the Code of the City of Seal
Beach to reduce the required side yard setbacks In
residential housing zones that abut the stub streets along the
"Gold Coast" area of Ocean Avenue The setback
reqUirement IS currently 15% In all housing zones (RLD,
RMD, & RHD) and IS proposed to be reduced to 10% In the
RLD District 1 Zone. Only properties on the ocean side of
Ocean Avenue (between 1st and 8th Streets) would be
affected
Recommendation' Approval and adoption of Resolution 04-16
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
stated that thiS Item would apply specifically to the oceanfront homes along the Gold
Coast between 1 st Street and the pier, as well as corner properties within thiS area He
indicated that currently a 15% lot Width standard applies, so In order to generate a side
yard setback figure, Staff would take 15% of the lot width to determine the setbacks for
corner lots Within the Residential Low Density (RLD) Zone of District One He said that
the applicant proposes to amend this standard to reduce the setback to 10% of the lot
Width, with a net effect of a slightly larger bUilding envelope area for each property
owner on a corner lot In thiS part of town He stated that after conducting extensive
research on thiS Issue, Staff found that three separate variances relating to this
provIsion have been granted through the years He said thiS represents a quarter of the
total properties that would be affected by thiS proposed change. He also noted that at
Commissioner Deaton's request, Staff compiled cleaner copies of the archive
resolutions relating to these variances, as well as copies of the PC minutes related to
these cases Mr. Cummins explained that the main reason there IS a larger setback on
corner properties IS for Sight clearance of vehicular traffiC around corners He said that
for corner properties throughout the City there IS a larger Side yard setback on corner
properties than there is on interior lots He said that Staff has observed that there IS no
vehicular traffiC turning onto the stub streets, and almost all of these streets are closed
off He noted that one of these homes has ItS garage access off of a portion of the stub
street, but thiS IS the exception He said that Staff sees thiS as an Issue for the pleasure
of the PC, but Staff does feel that It makes sense to consider making a recommendation
to City Council (CC) to change thiS provision given the fact that the standard that holds
true for the rest of the City In terms of site clearance of cars around corners clearly IS
not applicable here He said that Staff recommends that the PC adopt a resolution
recommending that CC approve thiS request He noted that the PC IS solely a
recommending body and not the final decIsion making body He said that thiS issue
would be heard before the CC regardless of the recommendation of the PC
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CommiSSioner Questions
Chairperson Sharp asked what parking was like on the stub streets Mr Cummins
stated that there IS no parking allowed on the stub streets
Commissioner Shanks stating that theoretically he believed that vanances were to be
granted to people In a hardship situation He asked what the Justification IS for a
vanance to go from 15% to 10% Mr Cummins stated that there are several
JUstifications, pnmanly that there are eXisting structures that were already within the
setback area He said that vanances that were granted In the past are not a precedent
for future action by the PC He Indicated that Staff simply wished to Inform the PC that
prevIous Commissions had looked at this matter and granted the vanances He noted
that at some pOint it would make sense to look at amending the Code rather than
continuing to grant vanances, however, the two are mutually exclusive, as this would be
a legislative decision by the PC
Mr Whittenberg interjected that in the supplemental packet delivered to the
Commissioners today, Staff has included copies of the PC minutes for these cases that
will provide an idea of the diScussion that took place and also included are copies of the
resolutions showing the findings of the PC when they approved each of these
vanances He said that whether this PC agrees with what a prevIous commission
determined is a different Issue
Commissioner Deaton asked about the outcome of this Issue when It came up for
review In 1999 Mr Cummins stated that this same Issue came up for review by the PC
during a study session and public heanngs conducted In 1999 He said that the PC had
recommended to CC that the zOning not be changed In any way, however, CC never
held the public heanng on this Issue because Staff had presented the request based
upon a "perceived" request by the PC
Public Hearina
Chairperson Sharp opened the public hearing.
Mr. James Watson stated that this was the first time he had heard about the prevIous
heanng, and he had paid $2,000 based upon the recommendation of Staff to submit hiS
application for the Zone Text Amendment (ZTA) He said that hiS home presently SitS
on a 50-foot wide lot, 2 5 feet from the alley and was approved for a remodel He stated
that what he IS asking IS increasing the 2 5-foot setback to 5 feet With the change to
10% setback He Indicated that the sidewall of the house on the Inside of the lot IS 4
feet from the setback, which he would also move In to create a 5-foot setback Mr
Watson stated that no house along this stretch of the "Gold Coast" meets the 15%
setback requirement, and every request for a vanance for an existing house wall on an
inSide setback has been approved, Including hiS home With the 2 5-foot setback He
said that In 1998 the PC had approved Vanance 98-2 for hiS home, but the
Commissioners had stated that they would prefer not to have these vanances continue
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to come before them, but would like to see approval of a ZT A He stated that he
believes It would be reasonable to approve a 10% setback If the Justification for a 15%
setback IS based upon traffic since there IS no traffic on the stub streets He
recommended approval of ZTA 04-2. Commissioner Deaton asked If Mr Watson
currently had approval of a Vanance Mr. Watson confirmed that the Vanance for a 2 5-
foot setback was approved, but he would prefer to have a Wider setback. He said that If
the ZTA is not approved, he does have a choice to stay with the 2 5-foot setback or
gOIng to a 7 5-foot setback, which he believes would be a significant loss He said that
thiS would apply to every property along thiS area, as none of them meet the 15% Side
yard setback requirement He said that In order to do any remodeling on their homes,
these residents would all have to apply for a Variance
There being no one else Wishing to speak, Chairperson Sharp closed the public
hearing
Commissioner Comments
Commissioner Shanks asked what the setback requirement IS for intenor side yard
setbacks Mr Cummins stated that the Citywide standard IS 15% of the lot width, so for
a corner property on the Inland Side of Ocean Avenue, the Side yard setback would be
15% of the lot Width Commissioner Shanks Inquired about lots that are not on a corner
Mr Cummins stated that the standard for these lots IS 10%, With a minimum of 3 feet
Commissioner Shanks stated that even though thiS does not affect traffiC, In some ways
these stub streets not only provide a view for residents behind them but also for
vehicles dnving along Ocean Avenue, and would not help enhance the general
atmosphere of the City He said he preferred the 15% standard
Commissioner Deaton stated that there are legal determinations that have to be found
for vanances, which Include
1 A specific hardship eXists
2. Approval does not confer a pnvllege
She stated that she had reviewed the information provided in the supplemental packet
and found that in 1985 a vanance request was denied based upon the legal
determinations noted above She said that she found it very difficult to find a hardship
argument for the vanances that have already been granted. She said that In the
subsequent information on these variances things begin to detenorate from following
the exact legal determinations She read from the Commission Questions section on
Page 9 of the March 4, 1998 PC minutes, and stated that with thiS as a background she
believes that for the onglnal vanances previously granted for these homes on Ocean
Avenue there was no hardship and there was a conference of pnvllege She also noted
that this action confers additional property value to the homes on the Gold Coast while
taking away value from the homes across the street and all the way down to Central
Avenue She said that property owners whose current ocean view IS down a stub street
lose value from their homes. She stated that she had contacted a real estate appraiser
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In Seal Beach who confirmed that this IS a textbook case of how value is determined for
homes In Seal Beach Commissioner Deaton then stated that the California Coastal
Commission (CCC) IS also concerned with this Issue and a letter to the editor last week
expounded on the importance of public views and how the citizens of Seal Beach own
the zoning in the City She said the CCC told her today that they are not only
concerned with the views down the stub streets but are also concerned with the cone of
the View, which begins to diminish as houses go up and come In on the stub streets
She said by definition a Vanance could not set a precedent because each one IS to be
given for an Individual hardship She stated that these vanances were either Improperly
given and set a precedent of the City granting privilege, or they were properly given
and, therefore, cannot set a precedent She said that she believes the PC cannot make
a finding that because these three vanances at 25% were already approved that the PC
should proceed to amend the entire Code She then noted that the CCC also want to
control bulk next to the stub streets and wants no physical or psychological barners
along the stub streets. Her final point was that no one would be damaged by denYing
this ZTA, and the person requesting the ZTA already has a Vanance She
recommended denial of this request
Mr Abbe Interjected that he wished to clanfy some of the pOints made by Commissioner
Deaton. He stated that Commissioner Deaton IS correct 111 stating that a Vanance IS not
precedental, so the PC should not feel bound by the determinations made by the
prevIous PC He emphasized that a Vanance is granted In only extremely limited
circumstances, and the PC must make specific findings under state law, such as a
problem with a very steep grade or a strangely shaped lot that depnves the owner of the
full benefit of that land. He reiterated that a Variance could not grant a special pnvllege
Commissioner Eager clanfled that the motion should be that the current Code standards
for side yard setbacks remain unchanged Mr Cummins Interjected that Staff would
return with a resolution recommending denial of Zone Text Amendment 04-2 to CC, as
this would be the ultimate decIsion making body for this request He said that by
recommending denial of ZTA 04-2, the PC would be stating that It wishes to see no
change to the zOning provisions
Chairperson Sharp asked for the width of the stub streets. Commissioner Deaton
responded that they are 25-feet wide Chairperson Sharp asked If there were no
obstructions to the view In that 25-feet Mr. Whittenberg stated that the City has granted
a couple of easement agreements for placement of landscaping within the City nght-of-
way along the length of these stub streets, with the condition that the resident be
responsible for maintenance
Commissioner Shanks stated that when the setback standards were established people
were constructing one-story homes, and now the homes are getting larger and larger,
which tends to obscure the view He said having a one-story home on each side of
these stub streets would be one thing, but having a 25-foot high home on each side of
the street obscures the view and Interferes with the ocean breeze He supported
maintaining the current 15% standard
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MOTION by Deaton; SECOND by Shanks to deny Zone Text Amendment 04-2 as
presented. .
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Whittenberg advised that this item would be forwarded to City Council for a future
public hearing. He said he was not certain as to the date the item would be scheduled
for review.
STAFF CONCERNS
Mr. Whittenberg stated that he would be out of town on April 21, 2004, and would
probably not be in attendance at the Planning Commission meeting that evenmg.
COMMISSION CONCERNS
Commissioner Deaton congratulated Chairperson Sharp on an excellent job m
overseeing tonight's meeting.
Chairperson Sharp requested a moment of silent prayer for Commissioner Shanks wife
who is critically ill
ADJOURNMENT
Chairperson Sharp adjourned the meeting at 8 52 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Sec
Planning Department
APPROVAL
The Commission on April 21, 2004 ap~d the Minutes of the Plannrng Commission
Meeting of Wednesday, April 7, 2004 .
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