HomeMy WebLinkAboutPC Min 2005-09-21
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for September 21, 2005
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Phil O'Malley
District 3 - Gordon Shanks
District 4 - Gary Roberts
District 5 - Phil Ladner
. Deoartment of Develooment Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Christy Teague, AICP, Senior Planner
Carmen Alvarez, Executive Secretary
[J 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.
[J 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 at (562) 431-2527.
[J Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday afternoons, Channel 3 at 4:00 p.m.
[J Videotapes of Planning Commission meetings may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
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[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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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 penod. No action can be
taken by the Planning Commission on these communications on this date, unless
agendized.
PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to speak In
favor of or against agendized items. More detailed information is found in the actual
agenda attached. If you have documents to distribute, you should have enough copies
for all Planning Commissioners, City staff and the public. Please give one to the
secretary for the City files. The documents become part of the public record and will not
be returned.
CONSENT CALENDAR: Consent Calendar items are considered routine items that
normally do not require separate consideration. The Planning Commission may make
one motion for approval of all the items listed on the Consent Calendar.
SCHEDULED MA TIERS: These items are considered by the Planning Commission
separately and require separate motions. These transactions are considered
administrative and public testimony is not heard.
STAFF CONCERNS: Updates and reports from the Director of Development Services
(Planning and Building Departments) are presented for information to the Planning
Commission and the public.
COMMISSION CONCERNS: Items of concern are presented by the Planning
Commissioners and discussed with staff.
All Droceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for September 21, 2005
7:30 p.m.
I.
II.
PLEDGE OF ALLEGIANCE
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. August 2005 Building Activity Report
2. Approve Planning Commission Meeting Minutes of September 7, 2005.
3. Minor Plan Review 05-11
801 Mar Vista Avenue
Applicant/Owner:
Request:
Scott & Jennifer Stevens
To construct a 48-inch high BBQ island with bar seating
and an approximately 8-foot high arbor structure in the
5-foot side yard setback.
Recommendation:
Approval and adoption of Resolution 05-46.
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City of Seal Beach Planning CommIssIon · Agenda of September 21, 2005
VI SCHEDULED MATTERS
4. Proposed General Plan Land Use Amendment, Zone Change, and
Development Requests - Residential Use of Accurate Metals Property.
VII. PUBLIC HEARINGS
5. Trailer Space Adjustment 05-1
Minor Plan Review 05-10
74 Riversea Road
Applicant/Owner:
Request:
Sheila Oden I LI NC Housing LLC
To construct a new, two-story cabana in the Seal Beach
Trailer Park with an overall height of 25 feet and 850
square feet of living space. The applicant also
proposes a Trailer Space Adjustment to modify the
trailer line, adding approximately 119 square feet to the
trailer space.
Recommendation:
Approval and adoption of Resolution 05-44.
6. Conditional Use Permit 05-9
550 Pacific Coast Hwy. #107 (John's Philly Grille)
Applicant/Owner:
Request:
John J. Carpenter I James R. Watson
Allow an outdoor seating area at an existing restaurant.
Recommendation:
Approval and adoption of Resolution 05-45.
7. Variance 05-5
112 & 114 - 8th Street
Applicant/Owner: Kim Ha
Request: Approval of a 5-foot high wall at the rear property line
where the Seal Beach Zonina Code requires a rear
setback of 5 feet 6 inches from an alley property line.
Recommendation: Approval and adoption of Resolution 05-47.
VIII. STUDY SESSION
8. Sign Requirements for Main Street Specific Plan Area
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City of Seal Beach Planning Commission · Agenda of September 21, 2005
IX. STAFF CONCERNS
9. Consideration of an Adjourned Meeting on October 26, 2005, to Review
Mitigated Negative Declaration 05-4 for the Pacific Gateway Plaza Project on
the Boeing Property.
X. COMMISSION CONCERNS
XI. ADJOURNMENT
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Oct 5
Oct 19
Nov9
Nov 23
Dec7
Dec 21
City of Seal Beach Planmng Commission. Agenda of September 21,2005
CUP 05-10
HV 05-4
MPR 05-12
MPR 05-13
2005 Aaenda Forecast
2950 Westminster Avenue (Chevron Station)
8-116 Surfside
140 Welcome Lane
1405 Sandpiper
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of September 21, 2005
Chairperson Shanks called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, September 21, 2005. The meeting
was held In the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Shanks, Commissioners Deaton, O'Malley, and Roberts.
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Christy Teague, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent: Ladner
Chairperson Shanks requested a motion to excuse Member Ladner from tonight's
meeting as he had previously reported that he would not be in attendance.
MOTION by Roberts; SECOND by O'Malley to excuse Member Ladner from the
meeting of September 21,2005.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Shanks, Deaton, O'Malley, and Roberts
None
Ladner
AGENDA APPROVAL
Mr. Whittenberg requested that Item 5, Trailer Space Adjustment 05-1 and Minor Plan
Review 05-10, be tabled until further notice. He explained that the application was
submitted and properly approved by the owners of the Seal Beach Trailer Park;
however, within the last week the transfer of the trailer park to a new non-profit
organization has occurred and the new owner must now sign the application to ensure
that it is properly brought before the Planning Commission (PC). He indicated that once
1 These Minutes were transcribed from audiotape of the meeting.
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this is done, the application will be re-submitted and Staff will re-notice the new hearing
for this item.
He then requested that Item No.3, be removed from the Consent Calendar, as
Chairperson Shanks has noted that he will abstain from the discussion on this item.
MOTION by O'Malley; SECOND by Roberts to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Shanks, Deaton, O'Malley, and Roberts
None
Ladner
ORAL COMMUNICATIONS
Chairperson Shanks opened oral communications.
Mario Voce requested that Item No.3 be removed for separate discussion.
There being no one else wishing to speak, Chairperson Shanks closed oral
communications.
CONSENT CALENDAR
1. August 2005 Building Activity Report
2. Approve Planning Commission Meeting Minutes of September 7, 2005.
MOTION by Deaton; SECOND by O'Malley to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Shanks, Deaton, O'Malley, and Roberts
None
Ladner
3. Minor Plan Review 05-11
801 Mar Vista Avenue
Applicant/Owner:
Request:
Scott & Jennifer Stevens
To construct a 48-inch high BBQ island with bar seating and
an approximately 8-foot high arbor structure in the 5-foot
side yard setback.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of September 21,2005
Recommendation: Approval and adoption of Resolution 05-46.
Chairperson Shanks excused himself and left Council Chambers. Vice-Chairperson
Deaton then called for the Staff Report for Minor Plan Review (MPR) 05-11.
Staff Reoort
Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) She provided some background information on this item and
noted that the PC has recently approved several similar applications for structures In the
rear and side yard setback areas. She stated the BBa island is proposed to be
constructed 36 inches from an existing 6-foot high block wall on the west property line.
She indicated that the proposed placement of the arbor structure is also along the west
property line. She said that Staff recommends approval and adoption of Resolution
05-46. She noted that Staff had received one telephone call from Mario Voce regarding
this matter.
Public Comment
Vice-Chairperson Deaton opened for public comments.
The applicant, Scott Stevens, stated that the arbor might never be constructed, as he is
still undecided about this. He indicated that the actual BBa is farther away from the
side yard setback than the bar seating area. Ms. Teague noted that if the BBa did not
have the extension toward the west property line and were only 5 feet from the side
yard property line, it would be allowed without requiring approval of a MPR.
Commissioner Roberts asked how high the fence is on the west side of the property.
Mr. Stevens reported that it is approximately 6 feet high and noted that a fence would
be added in front of the BBa separating it from the front yard and the street.
Mario Voce stated that his home is downwind from 801 Mar Vista and his main concern
is regarding fumes and air pollution from the BBa. He asked if the BBa would be
fueled by natural gas instead of burning coal or wood, as this is a BBa that would be
used with frequency.
Scott Stevens stated that the BBa will use natural gas and you cannot burn coal on It.
Commissioner Comments
Commissioner Roberts confirmed that Mr. Voce's were the only comments received on
this application. Vice-Chairperson Deaton confirmed that this was correct.
MOTION by Roberts; SECOND by O'Malley to approve Minor Plan Review 05-11,
subject to conditions, and adopt Resolution 05-46 as presented.
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CIty of Seal Beach Planning CommissIon
Meeting Minutes of September 21, 2005
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Deaton, O'Malley, and Roberts
None
Ladner
Shanks
Mr. Abbe advised that the adoption of Resolution No. 05-46 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal penod begins tomorrow morning.
Chairperson Shanks returned to the Council Chambers.
SCHEDULED MATTERS
4. Proposed General Plan Land Use Amendment, Zone Change, and Development
Requests - Residential Use of Accurate Metals Property.
Staff Reoort
Mr. Whittenberg stated that the Accurate Metals property across from the Police Station
on Adolfo Lopez Drive is currently up for sale. He reported that the parties present
tonight have expressed an interest in acquiring this property and changing the General
Plan and Zoning on the property from Light Industrial to a residential designation to
allow for a conversion of the use of the property. He stated that in previous discussions
with the interested parties, Staff has indicated that there were concerns about placing a
new residential use in this location, given the proximity of the new Boeing development
and the police station and City maintenance yard, as well as the Seal Beach Animal
Care Facility. He noted that the Staff Report includes a copy of the site plan for the new
Boeing Development and then introduced the representative for Don Wilson Builders.
Rich Welter, with Don Wilson Builders (DWB), introduced Mr. John Cassidy, president
of DWB, and Javier Mariscal and Peter Hersch, who would assist with the presentation
tonight. He stated that Mr. John Kruger, the owner of Accurate Metals, had contacted
DWB about his intention to move the existing facility to another location and requested
that DWB team up with him to explore the possibility of revitalizing this site. Mr. Welter
provided some background information on DWB and then introduced Mr. Mariscal who
provided a brief discussion on regional growth trends in the marketplace citing the
fastest growing households as young professionals, empty nesters, single-parent
families, couples without children, and senior citizens, shifting the demand from the tract
home to smaller urban infill-type homes. He discussed a vision for the future of Seal
Beach noting that the City is pretty much "built out," but the Boeing Project Will
contribute toward stimulating new economic growth, and the Heron Pointe community
implements the City's goals of providing a wider choice of living accommodations for
residents. Mr. Mariscal stated that DWB believes that residential units on the Accurate
Metals property could provide a good transition from the low density residential in Heron
Pointe to the state-of-the-art business park proposed by the Boeing Specific Plan. He
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City of Seal Beach Planning Commission
Meeting Minutes of September 21, 2005
stated that although noise will be generated by the surrounding uses, DWB believes
that with proper residential development design elements, noise and traffic impacts can
be mitigated. He then presented two proposed concepts for the residential
development; the first with 69 traditional town homes at a medium density of 17 units
per acre, and a second proposal for 53 single-family detached homes at a medium
denSity of 12 residences per acre.
Public Comment
Chairperson Shanks opened for public comments.
Mario Voce noted that no comment was made regarding the additional traffic stop
needed at Adolfo Lopez Drive to accommodate traffic exiting from the residential
development.
Commissioner Questions
Commissioner Roberts asked what the height of the proposed sound wall along Seal
Beach Boulevard would be. Mr. Mariscal responded that this has not yet been
determined, but he approximated that it would be 6-8 feet high. He noted that the
sound wall would work in conjunction with the actual structures, which would have
acoustical windows and doors. He emphasized that DWB is very conscious of the noise
factors involved and will take this into consideration in selling the homes.
Commissioner Deaton stated that there IS an aesthetic concern that the height of the
sound wall would create a "walled-in community." Mr. Welter stated that the site plan
reflects that the sound wall would probably be no more than 6 feet high and the
topography of the site itself would also help mitigate noise.
Commissioner Roberts asked if DWB had considered an industrial use for this site. Mr.
Welter stated that DWB has looked at other options, but the goal is more in terms of
complimenting what is already there, as opposed to adding to it.
Commissioner Deaton stated that a lot of the rental properties in town are being lost
along with the ability to attract a diverse population, and she likes the idea of doing
multi-unit housing in a medium density area; however, she is concerned with the close
proximity of the animal shelter and police department. Mr. Mariscal noted that any
noise from the animal shelter could be heard more on the Heron Pointe site as opposed
to the Accurate Metal property. Mr. Welter added that along with the sound wall and
elevated topography of the site, the orientation of the homes would be away from
Boeing and the animal shelter contributing to mitigating noise issues.
Commissioner O'Malley stated that he liked the concept of the transition from the
Boeing Specific Plan and the Hellman Ranch Specific Plan. He asked how large the
proposed housing units would be. Mr. Welter stated that both the singe-family homes
and town homes would range in size from 1,500 - 2,000 square feet. Member O'Malley
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CIty of Seal Beach Planmng CommIssion
Meeting Mmutes of September 21, 2005
indicated that Seal Beach is very deficient in low- and medium-income housing. He
asked if DWB had considered constructing medium cost housing on this property. Mr.
Welter noted that with the cost of land in this region, in order to create medium cost
housing, more units would have to be constructed on this site. Commissioner O'Malley
asked what would happen should the City require that 15 percent of this new housing
be medium-income housing. Mr. Mariscal stated that this would have to be taken under
analysis, and DWB would be willing to work with the City as long as there is an
understanding of the economics involved.
Chairperson Shanks stating that placing residential along side the Boeing industrial park
would not be consistent with the current zoning and having homes there would subject
homeowners to exhaust fumes and noise from the increase in traffic in and out of the
industrial park, and they would also be subjected to noise from the animal shelter. He
noted that as far as revenue for the City, this proposal does very little. Mr. Mariscal
stated that this project would provide an increase in sales tax by increasing the
available customer base within the City. Chairperson Shanks countered that because
Seal Beach does not have many large chain retail stores, this argument would not
necessarily prove to be accurate. He stated that he would prefer to see more low to
moderate income housing in the City, but he would have a problem in approving a
zoning change to a residential use for this location. He emphasized that the Boeing
project goes along with what is already there.
Commissioner Deaton asked if there were any possibility of acquiring Lot 6, which
would make more sense for creating a residential component. She reiterated that the
need for multi-family housing within the City is huge.
Chairperson Shanks noted that the state does not accept that Leisure World is low-
moderate-income housing. Mr. Whittenberg interjected that the Housing Element does
have provisions for construction of new housing for low- moderate-income, which is a
very difficult goal for thiS community, because of the unavailability of residential land.
He stated that this type of use would be able to address this concern.
PUBLIC HEARINGS
5. Trailer Space Adjustment 05-1
Minor Plan Review 05-10
74 Riversea Road
Applicant/Owner:
Request:
Sheila Oden I L1NC Housing LLC
To construct a new, two-story cabana in the Seal Beach
Trailer Park with an overall height of 25 feet and 850 square
feet of living space. The applicant also proposes a Trailer
Space Adjustment to modify the trailer line, adding
approximately 119 square feet to the trailer space.
Table item.
Recommendation:
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CIty of Seal Beach Planmng CommIssIon
Meeting Mmutes of September 21,2005
6. Conditional Use Permit 05-9
550 Pacific Coast Highway #107 (John's Philly Grille)
Applicant/Owner:
Request:
John J. Carpenter I James R. Watson
Allow an outdoor seating area at an existing restaurant.
Recommendation:
Approval and adoption of Resolution 05-45.
Staff Report
Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) She provided some background information on this item and
noted that the applicant proposes to utilize the 490 square feet outside patio for 28
seats for dining enclosed by a 5-foot high wall constructed of 3-feet of block and 2-feet
of glass. She indicated that in order to enclose this area, two portions of the patio are
proposed to extend south to the sidewalk along Marina Drive, and Staff is not
recommending approval of these two portions, which together total approximately 115
square feet. The proposal also requests to construct the patio enclosure along the edge
of the curb where 3 parking spaces are and does not allow for the front overhang of
parked cars. Staff is recommending that the enclosure be moved in 2-feet from the curb
in order to allow for walking and for the front of automobiles parking in these spaces.
Staff does recommend approval for a total of approximately 316.5 for the outdoor dining
area.
Commissioner Questions
Commissioner Deaton asked for clarification of what is not to be approved. Ms. Teague
reviewed the floor plans and explained which portions would not be recommended for
approval. Commissioner Deaton referred to James Watson's memo to employees of
John's Philly Grille directing them to park on residential streets, and asked how many
employees there are at the sight, and how many of the allowed streets are they using.
Ms. Teague stated that generally parking is provided on site for employees. She stated
that this memo was a private communication that had been part of the public record for
the prior outdoor dining proposal. Commissioner Deaton stated that the City must be
very clear that employees need to park on site rather than on residential streets.
Commissioner Roberts asked if the modifications to the plan had also resulted in an
adjustment to the number of outdoor seats. Ms. Teague stated that she has not worked
with the applicant on this, but she assumes that when the wall is moved back along the
parking lot there will be some loss in seating. She noted that there definitely would be a
loss of the 14 seats shown in the two pop out areas facing Marina Drive. Commissioner
Roberts confirmed that this would reduce seating to approximately 14 seats.
Public Hearina
Chairperson Shanks opened the public hearing.
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of September 21,2005
The applicant, John Carpenter, stated that the modifications to the plans were
acceptable. He asked if the wall could be constructed on the grass rather than on the
patio. Ms. Teague stated that if the enclosure wall were constructed within the existing
paved area, that would cut into the seating area, and if it the wall were brought out
approximately 6 inches, it would not change the vista coming down the street. She
stated that she would have no problem in recommending approval on this.
Commissioner Roberts inquired about the number of seats this would accommodate.
Mr. Carpenter stated that this would accommodate 14-18 seats. Commissioner
O'Malley asked how many seats were inside the restaurant. Mr. Carpenter reported
that there are 12 seats. Commissioner Roberts asked how many employees there were
at Phllly Grille. Mr. Carpenter stated that he has one part-time employee and two
cooks. Commissioner Roberts asked if he had received the memo on parking when he
leased the space. Mr. Carpenter stated that he was told that employees should try to
park on the street if possible.
Rob McCone of Watson and Associates stated that he was present to respond to
questions. Commissioner Deaton asked how many employees work at the Bay City
Center. Mr. McCone stated that he has never done a count. He stated that it is difficult
to track this for the 19,000 square feet of space. He said that when a tenant signs a
lease Watson & Assoc. does not know how many individuals will be working out of that
site. Commissioner Deaton asked if there were more employees than street parking
allocated for employee parking. Mr. McCone that this would be difficult to determine.
Commissioner Deaton noted that the memorandum states that employees' cars will be
towed and left on record in case a second violation occurs. She said that this is an
abuse of the original parking agreement made with Watson & Assoc. to allow for street
parking, as this forces employees out onto neighborhood streets. Mr. McCone stated
that the reality is that this provision is not enforced as indicated in this memorandum.
He said that Watson & Assoc. are pretty lenient, but they do ask the owners to be
respectful of customer parking, and if possible to park on the street to allow for
customer parking. Commissioner Deaton stated that the memorandum should indicate
the specific streets upon which employees are allowed to park. Mr. McCone stated that
when discussing this with Marina Drive and 5th Street are mentioned as areas to park.
He noted that the memorandum originated as a result of business owners requesting
assistance in enforcing the parking policy.
Marvin Fields stated that parking is shared by all businesses on the site and is not
exclusively for the building owned by James Watson. He said that every time parking
issues come up at this center they are "swept under the rug." He asked why employees
are being asked to park on the street when there are plenty of parking spaces available.
He said that the site is under parked by City regulations and exceptions have been
made because of usage at different times; however, parking is getting difficult to find
and last year when the issue of parking meters came up, the City was going to limit
parking on 5th Street, but decided against this. He asked that the City carefully consider
that these parking spaces have to come from somewhere. He noted that the previous
occupant of this site was a take-out donut shop, and when he wanted to open a beauty
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City of Seal Beach Planning CommIssIon
Meetmg Minutes of September 21,2005
salon there was a "big scene" over how many stations there would be in a location that
had previously been a doctor's office and a restaurant before that.
There being no one else wishing to speak, Chairperson Shanks closed the public
hearing.
Commissioner Comments
Chairperson Shanks asked about the number of parking spaces required for a
restaurant. Ms. Teague reported that a restaurant, whether for indoor or outdoor dining
areas, requires 1 parking space per 100 square feet of space. Chairperson Shanks
noted that he has visited the Philly Grille twice and there was no problem with parking.
Commissioner Deaton asked how underparked the Bay City Center is. Mr. Whittenberg
stated that Staff would have to research this, as there were variances to have less
parking granted when the center was built. He indicated that these variance
accommodated a shared parking program based upon restaurant uses, medical offices,
and retail uses, with the assumption that when the restaurant parking increases in the
evenings, the medical office and retail uses would be closing for the evening. He stated
that as far as parking on the streets, Staff is aware that employees do regularly park on
the street, but Staff has never had complaints from homeowners on the surrounding
residential streets. He noted that employees used to park on Marina Drive, but since
this street was repaved, parking on this street has been reduced, but there have still
been no complaints. Commissioner Deaton stated that her family visits this center
frequently for dinner and have experienced parking problems from time to time, but it is
more of a problem of not being able to park in front of the restaurant you are visiting.
She noted that she has never visited the center and been unable to find a parking
space.
Commissioner O'Malley stated that the applicant is not requesting anything other than
what was granted to the previous occupant.
Commissioner Roberts stated that although he has concerns about the parking issue,
he does not know where to go from here. He said that if the PC feels comfortable with
previous approvals and recognize that on-street parking is not being abused, there
should be no problem. Mr. Whittenberg reminded the Commission that all residents and
occupants within 300 feet of the exterior boundaries of the entire shopping center were
notified of this application.
Commissioner Roberts asked if the PC should condition CUP 05-9 to limit the seating
arrangement. Mr. Whittenberg stated that this was a discretionary issue. He said that
the Orange County Fire Authority would inspect the outdoor patio to ensure that they
have clear passage through the area. He noted that a minor change to Resolution
05-45 should be made stating that the walls are to be constructed immediately adjacent
to the existing paved area along the landscaped area, not to exceed 6 inches in width.
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MOTION by Deaton; SECOND by Roberts to approve Conditional Use Permit 05-9 and
adopt Resolution 05-45 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Shanks, Deaton, O'Malley, and Roberts
None
Ladner
Mr. Abbe advised that the adoption of Resolution No. 05-45 begins a 10-day calendar
_appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
7. Variance 05-5
112 & 114 - 8th Street
Applicant/Owner: Kim Ha
Request: Approval of a 5-foot high wall at the rear property line where
the Seal Beach Zonina Code requires a rear setback of 5
feet 6 inches from an alley property line.
Recommendation: Approval and adoption of Resolution 05-47.
Staff Reoort
Ms. Teague delivered the! staff report. (Staff Report is on file for inspection in the
Planning Department.) She provided some background information on this item and
noted that two housing units are being constructed with each house having a 2-car
garage accessible from the side alley. She clarified that there would be no garage
spaces facing the rear alley. She stated that Variances are granted in unique situations
where a particular property cannot conform to City Code due to physical limitations.
She indicated that in the opinion of Staff this property is unique due to two existing
power poles located near each rear corner of the lot, impeding access along the alley,
and construction of a wall within the existing power poles would not create a new
obstacle, but would be within the existing obstacles already on the property. She then
noted that since the property has garage access along the side, it doesn't have the
usual requirement of the rear setback, which allows for vehicle access to garages when
you have opposing garages. She said that in this case the parking lot to Clancy's lies
directly behind the applicant's property, and the parking spaces are perpendicular to the
alley eliminating the need for access to the alley by any cars backing up from Clancy's
parking lot. She reported that the applicant is proposing to have reflective strips on the
wall and lighting on this corner providing visibility to prevent collisions with the wall and
the power poles in the alley. Ms. Teague noted that Staff has received no comments
from adjacent residents and is recommending approval of Variance 05-5, subject to
conditions, and adoption of Resolution 05-47.
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Commissioner Questions
Commissioner Roberts clarified that the approval would be for the rear wall only. Ms.
Teague confirmed that this was correct.
Member O'Malley thanked the applicant for the comprehensive letter provided with the
plans. He noted that this made the job of the PC much easier.
CommiSSioner Deaton asked if there would be a problem with backing up in the alley.
Mr. Whittenberg referred to the photos in the Staff Report and noted Clancy's parking lot
and to the north the adjacent parking lot where the parking spaces are striped further
inside of that property.
Public Hearino
Chairperson Shanks opened the public hearing.
The applicant, Dun Ha, stated that the proposed wall would be beneficial to his family as
well as to anyone driving through the alley, as the wall scales down as cars approach
the intersection of the alleys so as to allow for full visibility of oncoming cars. He
indicated that the proposed lighting would also enhance visibility of the wall, light poles,
and guide wires at night minimizing the risk of cars colliding with these structures. He
recommended approval of Variance 05-5.
There being no one else wishing to speak, Chairperson Shanks closed the public
hearing.
MOTION by Roberts; SECOND by O'Malley to approve Variance 05-5 and adopt
Resolution 05-47 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Shanks, Deaton, O'Malley, and Roberts
None
Ladner
Mr. Abbe advised that the adoption of Resolution No. 05-47 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
STUDY SESSION
8 Sign Requirements for Main Street Specific Plan Area
Chairperson Shanks commended Staff for the outstanding work done on the Staff
Report. He stated that the report is so complete that he has no questions to add.
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Commissioner Roberts was in agreement. He said all issues were adequately
addressed.
Commissioner O'Malley stated that the report is very comprehensive and he would
concur with the recommendation of Staff.
Commissioner Deaton asked if the Main Street merchants were aware of what the PC is
doing. Mr. Whittenberg stated that unless they have been watching the meetings, no
notIce has been given. He asked if the PC would prefer a noticed Study Session or If
the public hearing should be noticed. Commissioner Deaton stated that notice of the
public hearing would be adequate. Mr. Whittenberg indicated that notice would be
published in the newspaper and provided by mail to all property owners and business
occupants along Main Street.
Commissioner Roberts asked if the proposed text would be included in the public
notice. Mr. Whittenberg noted that a reduced size text could be used to accommodate
this.
MOTION by Deaton; SECOND by Roberts to proceed with the public hearing notice for
a proposed Zone Text Amendment for the Main Street Specific Plan.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Shanks, Deaton, O'Malley, and Roberts
None
Ladner
STAFF CONCERNS
Mr. Whittenberg stated that the Planning Commission will adjourn to a meeting on
October 26, 2005 for the public hearing to review Mitigated Negative Declaration 05-4
for the Pacific Gateway Plaza Project on the Boeing Property. He noted that the
comment period for this document ends on October 11, 2005, and if Staff receives a
substantial number of comments requiring extensive preparation, Staff may not be able
to hold the hearing on October 26th. .
COMMISSION CONCERNS
Chairperson Shanks noted that he, Commissioner O'Malley, and Christy Teague had
recently attended the Planning Directors Forum of Orange County. He stated that
information was shared on the possible loss of Measure M funds for road repairs if this
measure is not renewed in 2011. He noted that Seal Beach would be in serious trouble
if this funding for repair of roads were not available. He then shared that Lanar Homes,
the largest homebuilder in the nation, states that Orange County is no longer a
suburban area and had displayed a new urban development plan for the area near
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Angel Stadium. He noted that very high-density developments are what developers are
now looking at. He then shared that after viewing a mock Planning Commission
meeting he now has a renewed appreciation for the job of the City Attorney.
ADJOURNMENT
Chairperson Shanks adjourned the meeting at 9:15 p.m.
Respectfully Submitted,
~~ A.- . Q.~.J\:,C~)...O
...
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on October 5, 2005, approved the Minutes of the PC Meeting of
Wednesday, September 21, 2005. ~.
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