HomeMy WebLinkAboutPC Min 2005-06-08
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CITY OF SEAL BEACH
PLANNING COMMISSION
REVISED AGENDA for June 8, 2005
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Vacant
District 3 - Gordon Shanks
District 4 - Gary Roberts
District 5 - Phil Ladner
Department of Development Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Christy Teague, AICP, Senior 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 ass.istance to attend this meeting please telephone the City Clerk's Office at
least 48 hours in advance of the meeting at (562) 431-2527.
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Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday afternoons, Channel 3 at 4:00 p.m.
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Videotapes of Planning Commission meetings may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
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Copies of staff reports and/or written materials on each agenda item are on file in
the Department of Development Services and City libraries for public inspection.
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City of Seal Beach Planning Commission. Revised Agenda for June 8, 2005
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 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 Planning
Commissioners and discussed with staff.
All proceedinqs are recorded.
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City of Seal Beach Planning Commission
Revised Agenda for June 8,2005
7:30 p.m.
I.
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. ADOPTION OF RESOLUTION 05-27
Honoring James Sharp for his service on the Planning Commission.
V. 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.
VI. 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 4, 2005.
2. April 2005 Building and Safety Department Statistical Report.
3. Minor Plan Review 05-5
12278 Bridgewater Way
Applicant/Owner:
Lee and Stephanie McMullin
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City of Seal Beach Planning Commission. Revised Agenda for June 8, 2005
Request:
To construct a 43.5 inch high entertainment island
extending 2.3 feet from the residence into the 18-foot
rear setback and a 320 square foot attached patio
cover extending 12.5 feet into the required 18-foot rear
setback in the Residential Medium Density (RMD)
Zone.
Recommendation: Approval and adoption of Resolution 05-26.
VII. SCHEDULED MATTERS
4. Discussion Re: Use of Tandem Parking Spaces For Employees at 1350
Pacific Coast Highway. Applicant: Robert Girardi
VIII. PUBLIC HEARINGS
5. Conditional Use Permit 03-5 (Indefinite Extension)
12489 Seal Beach Blvd. (Marie Callender's
Applicant/Owner:
Request:
Bob Barger / Century National Properties
To approve Indefinite Extension of CUP 03-5 for
existing restaurant, including an outdoor patio dining
area and general on-sale alcohol license.
Recommendation: Approval and adoption of Resolution 05-29.
IX. STAFF CONCERNS
X. COMMISSION CONCERNS
XI. ADJOURNMENT
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City of Seal Beach Planning Commission. Revised Agenda for June 8, 2005
2005 Aaenda Forecast
CUP 05-6 148-F Main Street (Fysicaly Fit)
CUP 05-7 303 Main Street (Athens West)
MPR 05-6 408 Purdue Circle
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of June 8, 2005
Chairperson Ladner called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, June 8, 2005. The meeting was held in the City
Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Ladner, Commissioners Roberts and Shanks.
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Christy Teague, AICP, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent: Commissioner Deaton
Mr. Whittenberg indicated for the record that Commissioner Deaton had called to report
that she would not be present at tonight's meeting. He requested a motion to excuse
her absence. .
MOTION by Shanks; SECOND by Roberts to excuse Commissioner Deaton from
tonight's meeting.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1
Ladner, Roberts, and Shanks
None
Deaton
AGENDA APPROVAL
Commissioner Shanks requested that Item Nos. 1 and 3 be removed from the Consent
Calendar for further discussion.
MOTION by Shanks; SECOND by Roberts to approve the Agenda as amended.
MOTION CARRIED: 3 - 0 - 1
AYES: Ladner, Roberts, and Shanks
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of June 8, 2005
NOES:
ABSENT:
None
Deaton
ADOPTION OF RESOLUTION 05-27
Honoring James Sharp for his service on the Planning Commission.
Mr. Whittenberg provided a brief review of James Sharp's service on the Planning
Commission serving from 1986-1997 and again from 2000-2005, for a total of 14 years.
He noted some of the reviews of major planning projects on which Mr. Sharp
participated while serving on the Planning Commission, and commended his ability to
always deal courteously and fairly with the public. Mr. Whittenberg ended by extending
the appreciation of the City and the community for Mr. Sharp's service.
MOTION by Roberts; SECOND by Shanks to adopt Resolution 05-27 as presented
honoring James Sharp for his service on the Planning Commission.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1
Ladner, Roberts, and Shanks
None
Deaton
Chairperson Ladner thanked Mr. Sharp for his attention and assistance in sharing his
expertise as a Planning Commissioner.
Mr. Sharp noted that he had served one term on the Planning Commission under his
wife, Edna Sharp, who was then a member of the City Council, he served another term
under George Brown, and his most recent tenure has been under Council Member John
Larson. He stated that it has been a pleasure serving under these individuals who
always supported him and never questioned his decisions. He indicated that he had no
words to describe the service and knowledge extended by Lee Whittenberg in leading
the Planning Commission. He expressed his great admiration for Mr. Whittenberg and
ended by thanking the sitting Commissioners for the opportunity to serve with them.
Mr. Whittenberg then presented a plaque to Mr. Sharp from City Council in recognition
of his service and a framed copy of Resolution 05-27 and presented a bouquet of
flowers to Mrs. Sharp, noting that between Mr. & Mrs. Sharp they have provided 22
years of service to the City. He thanked them both for their service.
Mrs. Sharp stated that she has know Lee Whittenberg since 1984 when she was first
elected to City Council. She thanked the City for the bouquet of flowers and noted that
Council Chambers looks very nice after the recent remodel.
ORAL COMMUNICATIONS
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City of Seal Beach Planning Commission
Meeting Minutes of June 8, 2005
Chairperson Ladner opened oral communications.
There being no one wishing to speak, Chairperson Ladner closed oral communications.
CONSENT CALENDAR
2. April 2005 Building and Safety Department Statistical Report.
MOTION by Roberts; SECOND by Shanks to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1
Ladner, Roberts, and Shanks
None
Deaton
1. Approve Planning Commission Meeting Minutes of May 4, 2005.
Commissioner Shanks noted that on Page 2, he abstained from voting, as he was not
present for the meeting of April 6, 2005.
MOTION by Shanks; SECOND by Roberts to approve the Planning Commission
Meeting Minutes of May 4, 2005 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1
Ladner, Roberts, and Shanks
None
Deaton
3. Minor Plan Review 05-5
12278 Bridgewater Way
Applicant/Owner:
Request:
Recommendation:
Lee and Stephanie McMullin
To construct a 43.5-inch high entertainment island extending
2.3 feet from the residence into the 18-foot rear setback and a
320 square foot attached patio cover extending 12.5 feet into
the required 18-foot rear setback in the Residential Medium
Density (RMD) Zone.
Approval and adoption of Resolution 05-26.
Mr. Whittenberg stated that Staff recommends that this item be continued to the
meeting of June 22, 2005 to allow for further review. He noted that the Board of the Old
Ranch Homeowners Association (ORHA) is meeting this evening to consider this
project and Staff has not yet received a formal letter of approval from them. He
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City of Seal Beach Planning Commission
Meeting Minutes of June 8, 2005
indicated that Staff has received several letters expressing concerns about this project.
He recommended that those present tonight to speak on this project be allowed to do so
at this time. He then asked the Senior Planner to provide a brief overview of the project.
Ms. Teague provided a brief description of the proposed project and noted that the
Planning Commission will consider this item at its next scheduled meeting of June 22,
2005.
Public Comment
Chairperson Ladner opened for public comment.
Tanya Dementer stated that her residence is located directly behind 12278 Bridgewater
Way. She noted that although the applicant is the president of the ORHA, he did not
make his plans known to surrounding neighbors. She spoke in opposition to the patio
cover, stating that the Dementers had attempted to gain approval for a patio cover and
were refused as the CC&Rs do not allow structures within 10 feet of the property line,
but noted that the proposed patio is 2 feet from the rear property line and is to be 12
feet high and with the cathedral-type skylight that is proposed, this would be like a 12-
foot high "building," which would devalue her property. She explained that although the
required setback is 18 feet, a portion of the rear setback in Mr. McMullin's rear yard is
only 15 feet, and this is where the proposed patio is to be positioned. She noted that
after 3 years, Mr. McMullin has not yet completed landscaping on his lot.
Alina Dementer expressed her concerns with how long the construction on the
proposed patio would take. She stated that Mr. McMullin should disclose this
information, as when working on his landscaping he would work late into the night using
bright lights, and surrounding neighbors had to call the police as a result. She noted
that her back yard measures 13 feet long and is the smallest yard in the development
and having this large structure in his rear yard would create the effect of a large wall
across her back yard, which is already very small.
Judy Rendon, a member of the ORHA Design Review Committee, stated that when Mr.
McMullin submitted his Home Improvement Form to the committee, he submitted it as a
change of color and to change the open ceiling in the patio cover to a closed ceiling and
submitted new drawings. The new plans showed a much larger patio that took up more
of the back yard, but this was not part of what Mr. McMullin had previously submitted,
so the Committee denied his request, as more neighbors would be impacted. She said
that the entertainment island has a wood burning bread-burning box, which will be
completely underneath the patio cover, and the smoke from this may be an issue. She
noted that the structure is 2 feet from the rear property line, but if it were within the 2-
foot setback, it would have to be right up against the rear wall. She reiterated that the
revised plan was not approved, as it was submitted as a color change rather than a
whole new design.
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City of Seal Beach Planning Commission
Meeting Minutes of June 8, 2005
Peter Dementer stated that in looking at the elevations the plans are unacceptable due
to the close proximity and height of the proposed structure. He indicated that had he
seen the plans he would have presented his strenuous objections to the Architectural
Review Committee; however, he was not provided the opportunity to see the project
plans. He commented on his perceptions of the aesthetics of the proposed structure.
He reiterated that this project violates the 10-foot setback requirement.
Tanya Dementer again expressed her concerns with the close proximity of the proposed
structure and noted that it should not have a cathedral-type skylight roof. She said that
plans for any future projects should be provided to surrounding neighbors for their
review.
There being no one else wishing to speak, Chairperson Ladner closed public
comments.
Commissioner Roberts asked if the Commissioners should hold their discussion until
the continuance date. Mr. Whittenberg advised that technically this item should not be
on the agenda because Staff has not yet received final approval from the ORHA. He
noted that if Mr. McMullin does not receive approval from the ORHA the Planning
Commission will never hear this application. Mr. Abbe added that it would be
appropriate to hear from the applicant before conducting discussion on this item.
MOTION by Shanks; SECOND by Roberts to continue Minor Plan Review 05-5 to the
next scheduled meeting of June 22, 2005.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1
Ladner, Roberts, and Shanks
None
Deaton
For the benefit of the public, Mr. Whittenberg indicated that this item would appear on
the agenda for June 22, 2005 and members of the public wishing to make additional
comments could do so at that time.
SCHEDULED MATTERS
4. Discussion Re: Use of Tandem Parking Spaces For Employees at 1350 Pacific
Coast Highway. Applicant: Robert Girardi
Staff Report
Ms. Teague stated that Dr. Robert Girardi has requested that the Planning Commission
review the matter of tandem parking for his employees. He is seeking approval from the
California Coastal Commission (CCC) and building permits to expand his building at
1350 Pacific Coast Highway (PCH) and in order to meet the parking and other zoning
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City of Seal Beach Planning Commission
Meeting Minutes of June 8, 2005
criteria, he needs 4 parking spaces that are currently being used as employee parking
identified as tandem parking spaces. She referred to the photographs of the site
attached to the application. She noted that the Zoning Code is not clear on tandem
parking except with regard to second dwelling units, for which tandem parking can only
be 2 deep. As a result, Staff is presenting this for Commission discussion. She
compared this request as similar to valet parking where attendants can move cars as
needed.
Dr. Robert Girardi stated that Complexions is located in the same building and is
probably the largest employer in Seal Beach and they have run out of storage space.
He said that essentially he wants to add storage space to the building so that he does
not lose this tenant. He indicated that the proposed tandem parking is open at both
ends so there will never be exactly 4 deep. He said that he has two employees and he
and his employees currently use these spaces, and would like to continue to do so. He
noted that if this is recognized as parking it would not be necessary to apply for a
Variance to continue with the construction of the storage space.
Commissioner Roberts asked if currently there are parking spaces under the overhang.
Dr. Girardi confirmed that this is correct. Commissioner Roberts asked if they measure
up to 4. Dr. Girardi confirmed that they do. Commissioner Roberts confirmed that
egress is on both the east and west sides of the building. Dr. Girardi confirmed that this
is correct. Commissioner Roberts confirmed whether sidewalk crosses each egress
area. Dr. Girardi confirmed that one side is sidewalk and the other side is an alley.
Commissioner Roberts asked if there have been any complaints regarding the current
parking arrangement. Dr. Girardi stated that he has never had any complaints.
Commissioner Shanks noted that Commissioner Deaton is not present and this is in her
district, but he doesn't see any problem with this request. He asked if the
Commissioners should continue this until she is able to be present.
Mr. Whittenberg explained that this option would be at the Commission's discretion. He
noted that if the Commission concurs that this is an acceptable parking arrangement, it
can make a motion to approve this tonight, and this will allow the applicant to submit his
building plans for the enclosure of the 2nd story open balcony area, and there would be
no further discretionary review necessary at the City level.
Chairperson Ladner asked if the employees using the tandem parking spaces are
parked there all day long. Dr. Girardi confirmed that they are parked all day, and his car
is one of them.
Commissioner Roberts noted that, as pro business as Commissioner Deaton is, he
would find it hard to imagine that she would not support this. The other Commissioners
were in agreement. Commissioner Roberts stated that he thinks this is a good plan for
parking that has already been utilized and has shown good results.
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City of Seal Beach Planning Commission
Meeting Minutes of June 8, 2005
MOTION by Roberts; SECOND by Shanks to approve Tandem Parking Spaces For
Employees at 1350 Pacific Coast Highway.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1
Ladner, Roberts, and Shanks
None
Deaton
Mr. Abbe advised that the adoption of tandem parking for employees at 1350 Pacific
Coast Highway begins a 10-day calendar appeal period to the City Council. The
Commissioner action tonight is final and the appeal period begins tomorrow morning.
PUBLIC HEARINGS
5. Conditional Use Permit 03-5 (Indefinite Extension)
12489 Seal Beach Blvd. (Marie Callender's
Applicant/Owner:
Request:
Bob Barger / Century National Properties
To approve Indefinite Extension of CUP 03-5 for existing
restaurant, including an outdoor patio dining area and general
on-sale alcohol license.
Recommendation:
Approval and adoption of Resolution 05-29.
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 there were two outdoor patio dining areas originally approved. She stated
that the larger patio has not yet been constructed, but Staff is proceeding with the
hearing for the Indefinite Extension without this larger outdoor dining area. She
indicated that should the applicant elect to construct this patio at a future time, this
would require approval of a separate Indefinite Extension. Ms. Teague noted that the
Seal Beach Police Department reports no demand for service as a result of the outdoor
patio or the general on-sale alcohol service.
Commissioner Questions
Commissioner Roberts asked if any letters or comments from surrounding residents
were received during the public notice period. Ms. Teague stated that Staff received no
comments.
Public Hearinq
Chairperson Ladner opened the public hearing.
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City of Seal Beach Planning Commission
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Bob Barber, owner of Marie Callender's, thanked the Commissioner for their
consideration, and stated that he would be happy to respond to questions.
Commissioner Roberts asked if Mr. Barger would eventually be constructing the larger
outdoor dining area. Mr. Barger said this is still questionable.
There being no one else wishing to speak, Chairperson Ladner closed the public
hearing.
MOTION by Shanks; SECOND by Roberts to approve the Indefinite Extension of
Conditional Use Permit 03-5 and adopt Resolution 05-29 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1
Ladner, Roberts, and Shanks
None
Deaton
Mr. Abbe advised that the adoption of Resolution No. 05-29 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
STAFF CONCERNS
None.
COMMISSION CONCERNS
Commissioner Shanks inquired about any law against parking cars, boats, or small
trailers on lawns. Mr. Whittenberg stated that this is not permitted and if there is a
violation, contact the City Code Enforcement Officer to report this. Commissioner
Shanks then stated that he would be absent from the meeting of June 22, 2005.
ADJOURNMENT
Chairperson Ladner adjourned the meeting at 8:20 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secre
Planning Department
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APPROVAL
City of Seal Beach Planning Commission
Meeting Minutes of June 8, 2005
The Commission on July 6, 2005, approved the Minutes of the Planning Commission
Meeting of Wednesday, June 8, 2005. CA-.
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