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HomeMy WebLinkAboutPC Min 1984-02-15 SEAL BEACH PLANNING COMMISSION AGENDA City Council Chambers 211 E1ghth Street Seal Beach, California . The Seal Beach Plann~ng Comm~ss~on meets ~n sess~on every f~rst and th~rd Wednesday of each month at 7:30 p.m. If you w~sh to address the Comm~ss~on on any part~cular publ~c hear~ng ~tem, the Cha~rman w~ll call for publ~c test~mony f~rst for those in favor of the proJect, and second, for those who are not ~n favor. When you see that the speaker' s pos~ t~on ~n the center of the room ~s unoccup~ed, step up to the rrucrophone and when recogn~zed by the Cha~rman, speak d~rectly into the m~crophone by f~rst stating your name and address clearly and dist~nctly for the records. State your bus~ness as clearly and succ~nctly as poss~ble and then wa~t a moment to see ~f the Comm~ss~oners have any quest~ons in regard to your comments or quest~ons. If there are no other quest~ons or comments, return to your seat so that the next person may address the Comnussion. If you w~sh to address the Comnuss~on on matters other than public hear~ngs, the agenda prov~des for that t~me when the Cha~rman asks for comments from the publ~c. Address the Comnussion ~n the same manner as stated for public hear~ngs, always stat~ng your name and address f~rst. ***Next Resolutlon #1311 February 15, 1984 e 1. Pledge of Alleglance 2. Roll Call 3. Approval of Mlnutes of February 1, 1984 4. Publlc Hearlngs: CUP 1-84, Le Palals' Or (SW1SS Bakery), Resolutlon #1309 500 Paclflc Coast Hlbhway, SUlte 110 A request for on-sale beer and Wlne ln conJunctlon wlth an eXlstlng bakery Appllcants: Karl & Dlane Boerner CUP 2-84, Rangthong Thal CUls1ne, Resolutlon #1310 600 Paclflc Coast Hlghway, SUlte 108 A request for on-sale beer and Wlne ln conJunctlon wlth a new restaurant Appllcant: Ton Suckhasem 5. Archltectural Revlew of 83 Rlversea Road (Contlnued from February 1, 1984 meetlng) 6. Varlance 8-83 Approval, Al Voda, Seaport Imports, 1244 & 1250 Paclflc Coast Hlghway, Reso 1 utl on #1308 7. Commlsslon Requests 8. Oral Communlcatlons 9. Commlsslon Communlcatlons 10. Report from Secretary 11. AdJournment . . MINUTES OF THE SEAL BEACH PLANNING COMMISSION MEETING OF FEBRUARY 15, 1984 The Plannlng Commlsslon met ln regular seSSlon on Wednesday, February 15, 1984, ln the Councll Chambers of the Clty Admlnlstratlon BUlldlng. The meetlng was called to order at 7:37 p.m. by Chalrman Goldenberg and the pledge to the flag was led by Commlssloner Covlngton. ROLL CALL Present: Chalrman Goldenberg Commlssloners Murphy, Jessner, Covlngton Commlssloner Perrln Absent: Also present: John Baucke, Prlnclpal Planner COMMISSION MINUTES OF JANUARY 18, 1984 Page 8, Paragraphs 6 and 7 deleted and the followlng lnserted: - "Commlssloner Covlngton had extenslVe questlons to present to Don Demars, the preparer of the Draft EIR. They lncluded the omlSSlon of a safety barrler wall, the fact that the orlglnal trafflc study was the OPPoslte to that study compl1ed by Caltrans and subsequently accepted by Ultrasystems, the fact that the Orange County Sherlff's department was not contacted wlth regard to thelr lnput lnto the EIR when they cover the Rossmoor unlncorporated area. Covlngton also felt the excluslon of selsmlC studles was lnapproprlate S1nce the proJect lles near the Newport-Inglewood fault. He also lndlcated that the analysls of telephone serVlce should have been lncluded ln the EIR S1nce a few thousand addltlonal telephones would lmpact the present low level of telephone serVlce ln that area. He also pOlnted out the fact the Old Ranch Golf Course was orlglnally llsted as a publlc recreatlon area, when ln fact, lt lS a prlvate golf club. Mr. Covlngton asked questlons of Jack Chevaller, preparer for the alrfleld operatlons study of the Draft EIR, wlth partlcular regard to the stated 5,000 annual operatlons per alrfleld threshold. He stated thlS Alrfleld actlvlty element was mlsslng from the orlglnal EIR revlewed by the Envlronmental Quallty Control Board and lt has never been revlewed by EQCB. He expressed surprlse that there were no caples of the letters lndlcated as sent to all affected publlC agencles nor any caples of the replles. , Commlssloner Covlngton then made the statement that he felt the EIR was lncomplete, and had been amended, corrected and patched beyond repalr and was lnadequate for thlS $25 ml11lon proJect. All maJor elements ln an EIR should be completed lnltlally as they often lnteract wlth one another. He made the motlon to deny the acceptance of thlS EIR, and so recommend the denlal to the Clty Councll on the basls that lt lS an lnadequate document. He requested that a new EIR be prepared that wlll use as ltS lnput all the new facts and lnformatlon developed over the last several months from all the hearlngs before the varlOUS publlc agencles". . . . Plann1ng Commlss1on Meetlng of 2/15/84 Page 2 COMMISSION MINUTES OF FEBRUARY 1, 1984 Page 4, Llne 8 from the top of the page, add "for S1mllar future requests" after should determ1ne. Page 4, Llne 12 from the bottom of the page, add ''It was further agreed that Item #8 would be deleted". Page 4, L1ne 6 from the bottom of the page, delete "has" and 1nsert "has made". Page 5, L1ne 11 from the bottom of the page, delete "lot slZe" and lnsert "des1gnated lease area". Page 6, L1ne 1, add "ed" after the word need. Wlth these correctlons, Covlngton moved, second by Jessner to approve the m1nutes of January 18 and February 1, 1984 as corrected. AYES: NOES: ABSENT: Goldenberg, Murphy, Jessner & Cov1ngton None Perrl n Motlon Carr1ed Commlss1oner Covlngton felt that the C1ty Counc11 should rece1ve the corrected mlnutes of January 18, 1984, so that they could have a more complete set of m1nutes before the B1Xby hearlng. CUP 1-84, Le Pala1s' OR (SW1SS Bakery), RESOLUTION #1309 Staff report presented by John Baucke. The request 1S for an on-sale beer and W1ne permlt. Comm1SSloner Murphy 1nqu1red as to the reason for the plans be1ng 1ncluded 1n h1S packet. Mr. Baucke stated that 1t was to 11lustrate what area 1S used for the actual preparatlon and serv1ng of food, etc. Also, the general layout of the restaurant. Commlssloner Jessner 1nqu1red 1f the Cond1tlonal Use P,erm1ts 1n the past for alcohol1c beverages were for one year, and wouldn't th1S apply to th1S type of bus1ness. Mr. Baucke felt that the past cond1t1on had not been enforced and was not,necessary for thlS part1cular type of sltuat1on. Commlssloner Covlngton stated that only 1f there was a problem, then staff would reVlew and return to Comm1ss1on. Comm1SS1oner Jessner asked lf the bus1ness would be subJect to reappl1cat1on. Th1S was not necessary. PubllC Hear1ng Opened. Plannlng Comm1sS1on Meet1ng of 2/15/84 Page 3 . Henry Lucero, Green Pepper, 209 Maln Street, Seal Beach. H1ghly recommended approval of permlt. He felt the permlt would enhance the Jbuslness. Cha1rman Goldenberg lnqulred about the sale of alcohol wlthln the appl1cant's stated hours of operat1on. Representat1ve of the restaurant stated that they do have 1n-house cater1ng and would be del1verlng alcohol after store hours. After dlScusslon 1t was agreed by Commlss1on and appllcant that the follow- 1ng hours would be adhered to as far as the sale of alcohol: Tuesday - Saturday - unt11 10:00 p.m. Sunday - unt11 9:00 p.m. Mr. Lucero, asked what other establ1shments were restrlcted from the sale of alcohollc beverages? Cha1rman Goldenberg rem1nded h1m of the Walts Wharf s1tuat1on. Publ1c Hear1ng Closed. e RESOLUTIO~ #1309 Wlth the add1t1on of Items 6 and 7 to Resolutlon #1309, Comm1ss1oner Covlngton moved to approve Resolut1on #1309 for an on-sale beer and Wlne 11cense for the Le Palals' OR (SW1SS Bakery), second by Murphy WhlCh passed w1th the follow1ng vote: AYES: NOES: ABSENT: Covlngton, Murphy, Jessner & Goldenberg None Perrln Mot1on Carrled CUP 2-84, RANTHONG THAI CUISINE - RESOLUTION #1310 Staff report presented by John Baucke. The request 1S for an on-sale beer and W1ne perm1t 1n conJunct1on w1th a new restaurant. Publlc Hearlng Opened. e Comm1ss1oner Covlngton felt thlS request was cons1stent w1th thoughts expressed w1th preV10US CUP. Askedappl1cant 1f they had any obJect1ons to 6ddlng the same stlpulat10ns of Items 6 and 7 to hlS request. The appllcant had no obJect1ons and agreed for reVlew after one year, and the sale of alcohol would not be d1spensed after the follow1ng hours: r Sunday - Thursday - 10:00 p.m. Saturday - 11:00 p.m. Publ1C Hear1ng Closed. Commlss1oner Covlngton then made mot1on to approve Resolutlon #1310 for a on-sale beer and Wlne permlt for the Rangthong Thal CUls1ne, CUP 2-84, second by Jessner Wh1Ch passed w1th the followlng vote: Plannlng Comm1ss1on Meetlng of 2/15/84 Page 4 e AYES: NOES: ABSENT: Cov1ngton, Murphy, Jessner & Goldenberg None Perr1n ARCHITECTURAL REVIEW 4-83 OF 8~ RIVERSEA RD. (CONT. FROM FEBRUARY 1, 1984)- John Baucke stated that thlS request has been before Comm1ss1on on two pr10r occaSlons. Staff recommends approval of thlS proJect, 83 R1versea Road w1th the followlng cond1t1on: Upon constructron of the cabana, the traller be phys1cally capable of be1ng removed and the cabana free-stand1ng per Cal1forn1a Adm1nTstratlv-e Code. Comm1ss1oner Covlngton felt staff should 1nclude 1n hlS recommendat1on the appl1cant's prom1se, Item 4 of the staff report, that the detalls should be shown ln the f1nal worklng draw1ngs to the BU11d1ng Department. Samples of the stuccato exter10r (masonlte type panel) was shown to Commlss1on. e Commlssloner Murphy questloned the appl1cant about the cond1t1ons presented at the last meet1ng. Representat1ve referred to west wall where two removable h1nged stuccato panels (4X8' components) are 11lustrated. These hlnged openlngs w1l1 be able to fold back. Comm1SS1oner Murphy lnqu1red about the water heater shown at the west corner. Representatlve stated that the water heater was bU1lt 1nto the tra1ler, and felt they were not dlagnoslng the 1nternal components of the bU1ldlng. Commlssloner Murphy felt that the drawlngs were lnadequate, unable to glve a true story. Also, com1ng out the west s1de of the bUlld1ng, the foundatlon wall would have to be changed to allow the tra1ler to eX1t because the wheels of the tra1ler were below grade. What about the foundatlon wall on that s1de and the concrete wall. Representatlve sald a Skld base would have to be erected. , Commlss1oner Murphy, thlS 1S not shown on your draw1ngs. What about the elevatlon of the tra11er floor and the floor of the 11vlng room where they J01n. No grade elevat10ns are 1nd1cated on the plans. Representat1ve felt there has not been an establ1shed grade stated. e Mr. Baucke commented that the plans were only subm1tted for arch1tectural reV1ew. Comm1ss1oner Murphy ment10ned h1S V1S1t to the tra11er park and felt the tra11ers were too close together. Plann1ng Comm1SS1on Meet1ng of 2/15/84 Page 5 . Representat1ve felt that the park was des1gned w1th not enough room for the tra1lers to egress. Comm1ss1oner Murphy 1nqu1red about the d1stance for second-story cabanas. Staff sa1d the d1stance 1S 20 feet. Cha1rman Goldenberg asked 1f before a perm1t to bU1ld 1S 1ssued, w11l staff rece1ve and 1n deta1l check out the ab1l1ty of th1S eX1st1ng tra1ler to be removed w1thout affect1ng any other eX1st1ng structure. Staff sa1d th1S 1S a requ1rement of T1tle 25 for the BU1ld1ng Department to reV1ew. e Comm1SS1oner Cov1ngton stated that th1S 1S shown 1n the f1rst recommendat1on and 1f they should have any problems, they would have to remove 1t. Cha1rman Goldenberg wanted to know where does the respons1b1l1ty of the Plann1ng Comm1ss1on beg1n and end 1n regards to the quest10n of cabanas. There has been a statement made that the Comm1ss1on 1S to g1ve an Arch1tectural Rev1ew and approval as stated 1n the Seal Beach C1ty Code, Sect10n 28-2319, B. I would l1ke clar1f1cat1on of the words "and approval". Is th1S referr1ng to Arch1tectural Rev1ew approval or whether 1t 1S talk1ng about a Perm1t Appl1cat1on approval. The C1ty Attorney 1S d1rected to develop a cont1nu1ty of th1S Item B; st1pulate to what extent the Plann1ng Comm1ss1on would even be d1scuss1ng look1ng at the draw1ngs outs1de of arch1tecturally and look1ng at the draw1ngs 1n terms of removal of eX1st1ng tra1ler 1nstallat1on of f1re f1ght1ng equ1pment, spr1nkler system and let us know 1f th1S 1S w1th1n the realm of d1Scuss1on or outs1de our realm or the total respons1b1l1ty be1ng w1th the BU1ld1ng Department or staff. Further, Cha1rman Goldenberg asked for the def1nlt1on of "cabana", referr1ns to 18-213 "Mob1le Home Accessory BU11d1ng or Structure". In read1ng th1S sect10n the word there 1S "accessory". In the staff report dated February 9, Item #7 states that T1tle 25 def1nes cabana "as an accessory structure to a mob1le home or travel tra1ler located on the same lot ... A cabana shall be des1gned and constructed as a free-stand1ng structure. A cabana may be attached to a mob11e home w1th appropr1ate flash1ng or seal1ng mater1als to prov1de a weather seal". e In referr1ng to the def1n1t1on of "Accessory" 1n Webster's D1ct1onary, 1t states that 1t 1S "A th1ng of secondary or subord1nate 1mportance; an obJect or dev1ce not essent1al 1n 1tself but add1ng to the beauty, conven1ence, or effect1veness of someth1ng else". What I am dr1v1ng at here 1S the 1ntent of the d1Scuss1on when d1scuss1ng the he1ght 11m1tat1on of 25' for cabanas was s1mply yes, an accessory to an eX1st1ng tra1ler as a conven1ence. We talked about add1ng an upsta1rs bedroom, ch1ldren were com1ng 1nto the tra1ler park and th1S would g1ve them a 11ttle more l1v1ng space. What I see 1n front of me 1S not an accessory to a tra1ler, but a tra1ler that 1S an accessory to a bU1ld1ng. Th1S, 1n my m1nd does not agree w1th the whole concept as I can remember 1t of bU11d1ng a cabana. Therefore, I feel I would l1ke to have legal wr1t1ng from our C1ty Attorney. I personally would not 11ke to see the tra1ler park develop 1nto what 1t was but rather what.the 1ntent was when we voted the 25'. Plann1ng Comm1ss1on Meet1ng of 2/15/84 Page 6 e I request that th1S Arch1tectural Rev1ew be cont1nued unt11 we get come def1n1t1on as to: 1. The scope of our act1v1ty 1n relat10n to the request for cabanas. 2. A legal def1n1t1on as to whether what we are look1ng at 1n th1S draw1ng lS an accessory to an eX1st1ng tra1ler or whether the eX1st1ng tra1ler lS an accessory to a res1dence. Th1S 1S not w1th1n the def1n1t1on or what the or1g1nal 1ntent was. Comm1ss1oner Cov1ngton asked staff 1f there has been a legal 1nterpretat1on establ1shed by precedent as to whether or not a local Jur1sd1ct1on when deal1ng w1th Cal1forn1a Code Item (T1tle 25) was llm1ted to merely Arch1tectural Rev1ew or does approval refer to more than Arch1tectural Rev1ew and refer to the approval of the structure 1tself, other than arch1tecturally. Staff felt the quest10n 1S not completely def1ned as to the answer. The enforcement and reV1ew of Cal1forn1a Adm1n1strat1ve Code (T1tle 25) depends upon the agreement between the State and the C1ty as far as the C1ty accept- 1ng the role of the enforcement agency. Cha1rman Goldenberg asked what restr1ct1ons are there, 1f any, on cabanas 1n T1tle 25. e Staff referred to the cr1ter1a presented 1n T1tle 25. Comm1SS1oner Cov1ngton then moved to cont1nued th1S 1tem unt11 the next meet1ng allow1ng the C1ty Attorney to clar1fy the 1ssues ra1sed at ton1ght's meet1ng, Wh1Ch passed w1th the follow1ng vote: AYES: NOES: ABSENT: Cov1ngton, Murphy, Jessner & Goldenberg None Perr1n Mot 1 on Carn ed VARIANCE 8-83 APPROVAL, AL VODA, SEAPORT IMPORTS: RESOLUTION #1308 After a br1ef d1Scuss1on, Comm1ss1oner Cov1ngton requested that "equ1va]ent equal to as" be 1nserted to Item #2 of the Resolut1on after the word "rad1us". Also, the word "by" be changed to "be" under Cond1t1ons, Item #9. W1th these correct1ons, Jessner moved that Resolut1on #1308 be approved, second by Murphy Wh1Ch passed w1th the follow1ng vote: AYES: NOES: ABSENT: Cov1ngton, Murphy, Goldenberg & Jessner None Pern n Mot1on Carr1ed COMMISSION REQUESTS: e Comm1ss1oner Cov1ngton requested staff to prepare and prov1de to the C1ty Counc11 1n conJunct1on w1th our m1nutes of the January 18th meet1ng, excerpts from Caltrans Handbook on A1rf1eld ACt1V1ty and Land Use GU1dance as part of the Comm1ss1on's transm1ttal. So the C1ty Counc1l can have clar1f1cat1on and make agreement on th1S matter for themselves. As I e . e e Plann1ng Comm1sS1on Meetlng of 2/15/84 Page 7 remember read1ng 1t that nlght lt sa1d, "on any land deslgnated ~lther APZl or APZ2 that any lndustrlal or commerclal use 1S perm1tted ,f cons1stent w1th the eX1st1ng zon1ng and that takes 1nto cons1derat1on some mod1f1cat1ons for helght or people dens1ty". I bel1eve th1S to be a fa1r summary. I feel th1S would be very useful for the Counc1l, and the owner of the land should be g1ven the opportun1ty of full development of the s1te ln accordance wlth those restra1nts where appropr1ate that any prudent person would place on 1t. Chalrman Goldenberg then commented, perhaps 1f the dens1ty was d1spersed lnto a w1der area and the helght requ1rements lowered, there mlght be another way to allow for commerc1al and 1ndustr1al enterpr1se to be there. ORAL COMMUNICATIONS: None COMMISSION COMMUNICATIONS: Staff responded to preVlOUS request from Comm1ss1oner Covlngton regard1ng var10US helght restrlct10ns 1n the coastal zones, l.e., lack of any type of prOV1S1on or code for arch1tectural features. After br1ef d1Scusslon, Commlss1on requested staff to prepare a draft code amendment and return to the Commlss1on at the1r next meet1ng for further dlScusslon. Meetlng adJourned 9:23 p.m. ~ tary