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Home My WebLink AboutPC Min 1985-05-01 , }r , BEACfJ PLAM,ING COM"ISSIor. AGE' [lty [ounCl1 [ha~bers 211 Elghth Street Seal Beach, Callfornla e rhe Seal Beach Pla~ng CO~JssJon meets ~n seSSJon every E.rst and t~Jrd We~~es=a~ of eg=~ month at 7 30 P m IE gou ~Jsh to ad~ress the CO~JSSJcr or ar~ partJc~Jar p~~__c ~egr..: ~te~, the ChaJrma~ WJll call Eor p~!;JC testJmony EJrst for those In fa cr of the p!c;ect, and second, Eor those who are not ~n Eavor When gou see that the Bpea~er's pOSJtJcr In the center of the room ~s unoccupJed, step up to the nucrophone and when re~ogr.ze~ b~ t~e ChaJrman, speak dJre~tly ~nto the nucrophone bg fJrst statJng gour na~e ar= a~a.e~! c:ea"J~ and dJstJnctlg for the records State go~r busJness as clearly and succJnctJ~ a. p~.5.~.e and then waJt a mcme~t to see Jf the C~~ssJoners have ar~ qwestJo-.s In re:~r= t~ Y~w" comments or questJons If there are no other questJor~ or comments, retwrr tc YOLO s=a~ so that the next person may address the ComnussJon If gou WJS~ to adaress the Comnuss.on on matters other thar p~L;JC hearJngs, t~e a~~-== provJdes for that tJme when the ChaJrman as~s fOT comme~ts Ero~ the p~L:JC A=e":.! t,e CO~~ssJon ~n the same ~~~~er as state~ for pwt:JC hear.ngs, al~a~s stat.n; ~=." na- gO: address fJrst ~oAY 1, 1985 N[)T P[S~~~.IO~ _. I 1 2 3 4 Pledoe of Alleg1ance Roll Call Report from Secretary Consen~ Calendar - At th,S tlme, me~bers of the publ1c may present tes~1Mory to the COm;.1ss10n as to w~y any lterr should be r~ove: fro~ the consent calendar for a full an: se~a~ate p~t11c hear1ng Unless a CO~lssloner requests a full put11c hear1ng, all consent agenda ltens wl11 be acted u~on In one su~ary vote (A) M1nutes of Aprl1 17, 1985 5 Pub11c Hea~lngs (A) V~Fj~~:E 4-85 941 Pac1f1c Coast Hwy Resolutlon -13E7 (Seal Beach Ce~ter) A request to perrn1t structural alterat10ns to a non- conform1ng property w1thout prov1d1ng the reOu1rec S1gnage and landscap1ng Envlronmertal Revlew The proJect 1S categcrlcaliy exempt fro~ Env'ro~~ental Re\1e~ [Cal,forn1a Government Code Sectlon 15303(e)] Sectlon 28-1501, 28-150l Ap~llcant Tlny Naylor's. Inc Owner Seal Beach Cerotey (8) ZO~:NG TEXT A~EN~~ENT 2-e~ Resolut10r *I36E A reque~t tc e~tatllsh spe~1~'c standards, cr,te~1a ar: regulat'on~ f:~ tre lnstallatl~n of satelllte dlsr ar~e~r,a~ EnVlronmental Re,'e~ Negat1ve Declarat10n 3-E5 ha~ beer preoared In l,eJ of ar EI1\'~o",.,ertcl Im..,c:t Re;1c.t . Ap"" c,": ('., c~ 5E~l Be::t May 1. 1985 COMMISSION AGENDA e Page 2 (C) ZONING TEXT AMENDMENT 3-85 Resolutlon ;13E9 A request to amend speclflc standards, crlterla and regulatlons on the placement and lnstallatlon of fences and walls. EnVlronmental Revlew Negatlve Declaratlon 4-85 has been prepared In l,eu of an Envlronmental Impact Report Appllcant Clty of Seal Beach (D) ZONING TEYT AMEND~ENT 4-85 Resolutlon '1370 A request to establlsh a spec1flc plan regulatlon zo~e and speclflc plan procedures Envlronmental Revlew Negatlve Declaratlon 5-85 has been prepared In l,eu of an Envlronmental Impact Report Appllcant Clty of Seal Beach 6 Scheduled Matters The publlC may spea~ at the dlscretlon of the Comm1sS1on None Scheduled e 7. CO~lSSlon Requests 8 Oral Communlcatlon from the Audlence 9 CO~lSSlon Communlcatlons 10 AdJournment Agenda Forecast May IS, 1985 -Zonlng Text Amendment 2-84 Non-conformlng BUlld1ng Prov1s1ons -Cond1tlonal Use Permlt 4-85 Luc~y's - 12121 Seal Beach Blvd -Condlt10nal Use Permlt 5-85 Rossrr~ol ~thletlc Club -Varlance 5-84 Zember Constru,tlo~ - 550 Ocean -Varlance 6-BL Bl11 R'dg~~a} Des';" - 16~9 Seal Waj e PLANNING COMMISSION MEETING OF MAY 1, 1985 . The Seal Beach Planning Comm1ssion met in regular session at 7:40 p.m. with Chairman Jessner call1ng the meeting to order. Commissioner Hunt led the Salute to the Flag. ROLL CALL Present: Cha1rman Jessner Comm1ss1oners. Cov1ngton, Hunt, Perr1n, Ripperdan Absent: Also Present: None John ~. Baucke, D1rector of Development Serv1ces Dana Ogdon, Administrat1ve A1de REPORT FROM SECRETARY None to report. CONSENT CALENDAR There was one 1tem on the consent calendar for the Comm1ss1on's cons1derat1on: I} the m1nutes of April 17, 1985 Plann1ng Commlss10n Meet1ng. The minutes were corrected as follows: ,. Page 2, Sect10n entitled "publ1C Hear1ng - M1nor He1ght Dev1at1on 1-85- 119 Twelfth Street II , 4th llne down in paraqraph after "structure.", new sentence to add, "Mr. Baucke ind1cated that th1S dev1ation is perm1tted under Ord1nance 1168 whicr was approved 1n August, 1984.". Commissioner R1pperdan moved to approve the one 1tem on the consent calendar (m1nutes as corrected); Comm1ss1oner Covington seconds. AYES: NOES' Cov1ngton, Hunt, Jessner, Perrin, Ripperdan None Motion Carr1ed I. PUBLIC HEARING - VARIANCE 4-85 - 941 PACIFIC COAST HIGHWAY - SEAL BEACH CENTER Staff report, presented by Mr. Baucke, ind1cated that th1S 1tem was a request by T1ny Naylor's, Inc., a tenant of the Seal Beach Center, to perm1t structural alterations to a non-conform1ng property w1thout the requ1red slgnage and landscaping. Slnce the apol1cant had been before the Plann1nq Comm1SS1on on February 6, ]985, Mr. Baucke detailed the background of th1S proposal, glv1na informat1on noted in the staff report to the Comm1ss1on in an effort to update the request. Mr. Baucke stated that Tiny Naylor's is propos1ng to prov1de an addit10nal 3,004 sq. ft. of landscape to the Seal Beach Center Wh1Ch 1n add1t1on to the eX1st1ng landscape, it only accounts for 2.8% of the ent1re site to be landscaped; the total required landscape to maye the property come 1nto conformance is 72.4%. Mr. Baucke also dicussea non-conform1nq signs and 1nd1cated that at th1S time, the City Attorney in conJunct1on with staff, are 1n the process of prosecut1ng those st1ll not in compliance. ~'r. Baucke noted that on February 6, 1985, the Comm1ss1on approved CUP-21-84, a request by Tiny Naylor's to expand 1tS din1ng space and permit on-sale beer and W1ne, w1th two cond1t1ons. On February 15, 1985, the appl1cant f1led an appeal as to the cond1t1ons of that aoproval to C1ty Counc1l Wh1Ch 1S still pend1ng. Staff recommends approval subJect to the cond1t1on noted in staff report and a poss1ble second alternat1ve to approve this appl1cat1on subJect to a landscape plan as proposed and notat1on to the center's ownersh1p that no other more 1ntensive uses, remodel1ng or structural alterat10ns be allowed until a master landscape plan 1S prOV1ded. . . . Plann1ng Commission Meeting of May 1, 1985 Page 2 Chairman Jessner declares publ1C hear1ng open. Don Pearson, attorney for Tiny Naylor's, introduced other members of T1ny Naylor's, Inc. that were 1n attendance. Mr. Pearson referred to the render1ngs displayed of the landscape and floor plans for the Comm1ssion's review. He emphas1zed that T1ny Naylor's is a freestanding restaurant fac111ty and w111 be in full conformance w1th respect to this part1cular s1te. He also ind1cated that this project would benef1t the city and be an upgrade to the community 1n general. Valer1e MontQomery, secretary for Tiny Naylor's, made ava11able to the Comm1ssion stat1st1cal reports and a new menu prepared for the restaurant. Ms. Montgomery 1nd1cated that she realized th1S fac111ty was an embarrassment to the C1ty and their new des1gn was created specif1cally for Seal Beach. She also 1nd1cated the 1ncrease 1n proJected sales from $620,000 to $1,300,000 annually as well as 25 to 75 employees, and payroll from $198,000 to $595,000. The restaurant would be renamed to Monsoon M1ke's. Russ Barto, architect for T1ny Naylor's, stated that the restaurant 1S now 1n a pos1t10n to proceed 1mmed1ately w1th th1S $500,000 remodel. He br1efly explained the renderings show1ng a comparison between the 1n1tial plans prooosed 1n February and the reV1S10ns. He also indicated that 1n addit10n to the Commiss10n's request, T1ny Naylor's has proposed to landscape a bumper str1p along Pac1f1c Coast Hwy. based upon the owner's f1nal approval of th1S. Don Pearson requested that the Comm1ss10n act on the var1ance applicat10n 1ndependent of the proposal for addltional $30,000 of landscape. Comm1ss10ner Cov1ngton stated that it was 1moroper for the Comm1ss10n to act on a var1ance request without the approval of the prop- erty owner. He also stated that the Comm1ssion could not Just1fy qrant1no thlS var1ance to T1ny Naylor's but not to other tenants of the center. The owner would be economlcally benef1t1ng from th1S w1thout chang1ng h1S poslt10n. Don Pearson felt the1r s1tuation was a spec1al circumstance and 1t should be treated separately. Harry Heidenre1ch, Coast Property Management, represented the owner of the center and spoke on h1S behalf. He sDoke 1n favor of the nroJect, w1thout the add1t10nal landscape, and expla1ned to the Commlssion that Coast PrOD- erty Management 1S governed by the1r tenant's leases. To br1ng the center 1nto compl1ance would cause legal problems with current leases and be f1nanc1ally 1mpossible to do so. Mr. He1denre1ch stated that the center would be forced to withdraw their approval of the proposal rather than put themselves 1nto a pos1t10n that cannot be fulf111ed. Mr. Baucke 1nd1cated that the center prov1des 448 parklnq spaces and that the last t1me staff d1d an analysis of the parklng, lt showed 40 more park1ng spaces than requlred. The Commisslon felt that these spaces could be devoted to landscape. Mr. Heldenrelch concluded that he voted to approve tblS proposal based on the varlance orlqlnally w:itten wlthout the extra $30,000 In landscape. Comm1ss10ner Cov1ngton restated Coast Property Management's pos1tlon, 1.e., that due to converS10n of lost park1ng spaces to add1t10nal landscap1ng as proposed by"Tlny Naylor's, Coast Property Managment has w1thdrawn 1tS support as representat1ve of the landowner. Mr. Baucke further stated that due to loss of support by landowner, staff could not recommend approval of the var1ance request. Douglas Jackson, Ch1ef F1nanc1al Off1cer for T1ny Naylors, expressed concern to the Comm1ss10n that T1ny Naylor's had had a negat1ve cash flow ovr the past 3 years. He felt that the restr1ct10ns were unfa1r and 1mproper and asked the Comm1ss10n to respectfully cons1der approval of th1S var1ance w1th the add1t10nal landscap1ng. As no one else spoke 1n favor nor 1n Opposlt10n to th1S proJect, Cha1rman Jessner closed the publ1C hear1ng. . . . Plannlng COmmlSS10n Meetlng of May 1, 1985 Page 3 Chalrman Jessner summarlzed appllcant's request, l.e., thdt Commlsslon was belng asked to aprpove CUP wlthout the two condltlons placed on It. CommlsSloner Covlngton moved to deny wlthout preJudlce, VARIANCE 4-84, A VARIANCE TO PERMIT STRUCTURAL ALTERATIONS TO A NONCONFORMING PROPERTY WITHOUl PROVIDING THE REQUIRED SIGNAGE AND LANDSCAPING FOR TINY NAYLOR'S RESTAURANT (941 Paclflc Coast HlghwaY)i Commlssloner Perrln seconds. AYES: NOES: Covlngton, Jessner, Perrln, Rlpperdan Hunt Motlon to deny carrled PUBLIC HEARING - ZONING TEXT AMENDMENT 2-85 Mr. John Baucke, Commlsslon Secretary, presented the staff report for ZTA-2-85, a Z~nlng Text Amendment proposed to establlsh speciflc standards, crlterla and regulatlons on Satellite D1Sh Antennae as part of the zonlng section of the Munlcipal Code, pursuant to a request by Councilman Frank Clift. Mr. Baucke summarlzed the oroposal as noted in the staff report and made the following correctlons to the ordlnance: Section 6 - Height Limltatlons, A. Resldential Zones. second line after the word "helght", delete "unless approved by a Condltional Use Permlt."., B. Non-Residential Zones, second line after the word "height", add the followlng, "unless approved by a Condi- tlonal Use Permlt.". Mr. Baucke discussed wlth the Comm-lsS1on a lin..' of slght sltuation that was belng addressed here. RecomMendatlon by staff wa~ the adoptlon of Resolution 1368 pursuant to Clty Councll directlon and to add such provl~ion to the Munlclpal Code. Chairman Jessner declares the publlC hearing open. Tom Burke, Burke Enterprlse~, 10722 Los Vacaros, Los Alamitos, made rlmself avallable to the Commission for questions as hlS company has been In the satelllte dish buslness for nlne years. Mr. Burke spoke in favor of thlS proposal but felt that at least 90% of the Seal Beach resldents were being excluded ln thlS proposal due to the 10 ft. helght maXlmum and the 370-400 look angle. Based on hlS expertise, Mr. Burke went on to explaln how these two items affected resldents. Also mentloned were the FCC regulatlons ln effect referencing the rlghts of indlvlduals to own home satelllte unlts. Mr. Burke felt that a 15 ft. overall maXlmum helght llmltatlon would be acceptable. Commlssioner Hunt questloned other city's requlrements on satelllte dlshes. Mr. Burke lndicated that most clties are le~ient other than cabled cltles such as Cypress, Tustln and San Clemente. He dld exoress concern over the hlgh costs of screenlng the antennae. Wlll1am Hall, 459 Galleon Way, stated his concern was the screenlng expense as well as the area of structural testing. Mitzi Morton, 153 13th St., spoke ln oppos- ition to this proposal and felt uncomfortable wlth the envlronmental impact of thlS. Ms. Morton felt that the city should have a contlnued moratorlum untll the city sees what other beach cltles are dOlng on thlS lssue. Mr. Baucke lndlcated that there was a reauest made by Clty Councll to address this lssue as soon as possible Slnce there were other members of the communlty maklng inqulrles and that installation is presently prohiblted by law. Mr. Covlngton moved that with the concensus of the Commisslon, Chair adJourn this public hearlng to another certaln tlme and place at WhlCh tlme it wlll be contlnued. ThlS wlll enable staff to work In conJunctlon wlth other citles and the lndustry to conslder testlmony heard here and to declde if any amendments to the proposed ordinance should be made. Rlpperdan seconds. Mr. Baucke stated that this ltem wlll be put onto the May 15, 1985 Plannlng Commisslon Agenda. Wlth the concensus of tre Comflllss10n, Chdlnnan Jessner concluded that thlS publlC hearlng wl1l be carrled over to the May 15, 1985 Plannlng Commlsslon ~eetlng. . . . Plannlng CommlSSlon Meetlng of May 1, 1985 Page 4 PUBLIC HEARING - ZONING TEXT AMENDMENT 3-85 Staff report, presented by Mr. Baucke, lndlcated th~~ this ltem was a request by Clty Staff to amend partlcular sectlons of the ~unlclpal Code deallng wlth the placement and construction of fences, walls, hedges and screen plantlngs wlthln the Clty. Mr. Baucke lndicated that several confllctlng provlslons were dlscovered in an attempt to clarlfy the code, and these flndlngs were presented to the Commlsslon. In an effort to establish a development standard WhlCh would encourage the best use of fences on the subJect propertles, staff recommends adoptlon of Negatlve Declaratlon 4-85 ard then adoptlon of Resolu- tlon 1369. Chalrman Jessner declares the publlC hearlng open. Charles Antos, 316 10th St. spoke ln Opposltlon of thlS amendment. Mr. Antos stated that before thlS amendment be adopted, the Commlssion should carefully reVlew what was being proposed. He lndlcated that the future effects of thlS amenc~cnt must be taken lnto conslderatlon and two lmportant factors are the aesthetlcs of lt and the safety issue. As no other members spoke ln favor of nor ln Opposltlon to thlS proposal, Chalrman Jessner closed the publlC hearlng. After dlScusslon wlth staff, lt was the concensus of the Commlsslon thlS ltem until the June 5, 1985 Plannlng Commlssion Meetlng and was so dlrected by Chalr. PUBLIC HEARING - ZONING TEXT AMENDMENT 4-85 Mr. Baucke presented the staff report for ZTA-4-85 WhlCh lS proposed to establlsh speclflc standards, criterla, regulatlons and procedures on the adoptlon of speciflC plans. ThlS amendment also proposes the establlshment of a Speclflc Plan Regulatlon Zone (SPR Zone). Mr. Baucke detailed the background of thlS ltem, explalnlng the events leadlng up to the proposal of this amendment. The Commlssion discussed wlth staff the speclfics of thlS proposed amendment. Chairman Jessner declares the publlC hearlng open. Charles Antos, 316 10th St., expressed concern over Artlcle 17 deallng with Speclflc Plan Provlslons. He felt there were ommlssions made ln the ordlnance WhlCh was a modiflcatlon of Artlcle 17 by the City Attorney. Mitzi Morton, 153 13th St., lndicated that residents were concerned about not having a speciflc helght llmltation ln the Speclfic Plan. Ms. Morton felt that guidelines needed to be set and that a minimum 2t acre parcel was too small to be consldered for the Spe~lfic Plan. Reva Turchln, 1625 Seal Way, was concerned with the adoptlon of a Speclflc Plan. A maJor concern was whether the Clty was gOlng to condemn property through emlnent domaln to establlsh addltlonal parklng for Maln Street. Mr. Baucke sald that lt was not the lntention of the city at thlS tlme to condemn propertles for parking. No other members of the audlence spoke ln favor of nor ln Opposltlon to thlS ltem. Chairman Jessner closed the public hearing. After discusslon, Commissloner Covlngton moved to make the followlng amendments to the proposed ordlnance: Section 28-2902, after ltem (3), add a separate sentence, liThe developer/property owner may be lnvited by any of the above bodles to partlclpate in the evaluatlon of alternatlve concepts for said slte, Rlpperdan seconds. AYES: NOES: Covlngton, Hunt, Jessner, Perrln, Rlpperdan None Motlon carried . . . P1annlng CommlSlson Meetlng of May 1, 1985 Page 5 Then, Mr. Covlngton moved the addltlon of the fo11owlng: Sectlon 28-2906, 4th 11ne from the bottom after the word "for" add "another publlC heanng and the Commlss10n's subsequent recommendation", delete the words lilts recom- mendatlon."; Ripperdan seconds. AYES: NOES: Covlngton, Hunt, Jessner, Perrln, Rlpperdan None Motlon carrled Then, after extenslve dlScusslon between the Commlss10n and staff, Mr. Covlngton moved to correct the followlng. Sectlon 28-1702, end of paragraph after the word "Chapter", add "except that no structure shall be perml tted whose habl tabl e space 1S hlgher than 39 ft. above the average flnlsh grade for such structure lncludlng any admlnlstratlve varlance approval that may be In force at that tlme."; Ripperdan seconds. AYES: NOES: ABSTENTION. Covlngton, Jessner, Rlpperdan Hunt Perrln Motlon :arrled Mr. Jessner noted two typographlcal correctlons to the ordlnance as follows. Sectlon 28-1904 should be amended to "Sectlon 28-2904", 3rd 11ne from the bottom after the word II sha 11" add the word "be". COVl ngton moved to adopt Negatlve Declaratlon 5-85; Hunt seconds. AYES. NCES. Covlngton, Hunt, Jessner, Perrln, Rlpperdan None Motlon carrled Com~lssloner Rlpperdan moved to approve Resolutlon 1370, A PESOLUTION OF THE SEAL bEACH PLA~NING COMMISSION APPROVING AND RECOMMENDING TO THE CITY COUNCIL A DOf'TI0 I'i OF ZONING TEXT AMENDMENT 4-85 ESTABLISHING A SPECI FIC PLAN REGULATION Zu~E A~C SPECIFIC PLAN PROCEDU~ES, as amended and corrected; Hunt seconds. AYES. NOES: Covlngton, Hunt, Jessner, Perrln, Rlpperdan None Motlon carrled SCHEDULED MATTERS ~lr. Baucke presented a report pertalnlng to a letter recelved from Mr. Paul Calvo, Land Surveyor, In reference to the existlng Clty POllCY on the 37i ft. requlrement for lot wldths and the resulting 3rd story allowance. Mr. Baucke submltted examples of partlcu1ar cases ln WhlCh a deviatlon of two one-hundredths of a foot would preclude such allowance. He recommended, based upon envlronmenta1 factors, such devlatlons be consldered for roundlng off to the nearest one-tenth of a foot. After discussion, ~1r. Covlnoton moved that the Clty Englneer provlde a more sClentlfic basls for the-Plannlng Commlsslon's determlnatlon WhlCh would include shrlnkage and expanslon of parcel Slze due to solar, lunar and tldal conditlons as well as gravitational pull and sOlls/geo10g1cal condltlons. ORAL COMMUNICATIONS There were no oral communlcatlons. COMMISSION COMMUNICATIONS There were no Commlsslon communlcatlons. ADJOURNMENT It was the concensus of the Commlss10n and so ordered by the Chalr to adJourn the regularly scheduled meetlng of the Planmng Commlsslon at 12:13 a.m. ~))~ ,