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HomeMy WebLinkAboutPC Min 1985-09-04 SE, ,BEACH PLANNING COMmSSION AGEND~ Clty Councll Chambers 211 Elghth Street Seal Beach, Ca11forn1a . The Seal Beach Plann~ng Comnuss~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 pubhc test~mony f~rst for those ~n 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 mcrophone and when recogn~zed by the Cha~rman, speak d~rectly ~nto the mcrophone by f~rst stat~ng your name and address clearly and d~st~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 Comnuss~oners have any quest~ons ~n 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 Comnuss~on If you w~sh to address the Comnuss~on on matters other than publ~c hear~ngs, the agenda prov~des for that t~me when the Cha~rman asks for comments from the publ~c Address the Comnuss~on ~n the same manner as stated for publ~c hear~ngs, always stat~ng your name and address f~rst. SEPTEMBER 4, 1985 NEXT RESOLUTION #1395 1. Pledge of Alleglance 2. Roll Call . 3 Report from Secretary 4 Consent Calendar At thlS tlme, members of the publlC may present testlmony to the Comrnlsslon as to why any ltem should be removed from the consent calendar for a full and separate publlC hearlng Unless a Comrnlssloner requests a full publlC hearlng, all consent calendar ltems wlll be acted upon on one summary vote. A. Mlnutes of August 21, 1985 (Held over untll the September 18, 1985 Plannlng Comrnlsslon Meetlng) 5 PubllC Hearlngs A. CONDITIONAL USE PE~~IT 16-85 TENTATIVE PARCEL MAP 85-267 1623 Seal Way (Greeley) Resolutlon #1391, 1392 A request to convert an eXlstlng two-story duplex lnto two condomlnlum unlts. EnVlronmental Revlew The proJect lS cateqorlcally exempt from Envlronmental Revlew [Callforn1a Pub11C Resources Code 15301(1)(k)]. Code Sectlons 28-700(3)(b), 28-2503 Appllcant Charles Antos Owner E Thomas and Josephlne Greely VARIANCE 11-85 Resolut10n #1393 12241 Seal Beach Blvd. (Parasol Restaurant) B. . A request to allow an add1t10n to a restaurant located ln a C-2 (General Commerc1al) Zone wlthout provldlng the requlred landscaplng Envlronmental Revlew The proJect lS categorlcally exempt from Env1ronmental Revlew [Callfornla Govern- ment Code Sectlon 15303(e)]. Code Sectlons 28-1402(6), 28-2407 Appllcant Zember Constructlon Co., Inc /Parasol Restaurant Owner Rossmoor Buslness Center . PLANNING COMMISSION AGENDA SEPTEMBER 4, 1985 PAGE 2 C. ZONING TEXT AMENDMENT 7-85 Clty of Seal Beach Resolutlon #1394 A request to allow accessory commerclal uses for tenants only located wlthln the R-3 (Hlgh Denslty Resldentlal) Zone Envlronmental Revlew Negatlve Declaratlon 8-85 has been prepared In lleu of an Envlronmental Impact Report Appllcant Clty of Seal Beach 6. Scheduled Matters The publlC may speak at the dlscretlon of the Commlsslon 7 Commlsslon Requests 8. Oral Communlcatlon from the Audlence 9 Commlsslon Communlcatlons 10 AdJournment Agenda Forecast. September 18, 1985 . -cup 17-85, VAR 13-85 Serge (216 Maln St ) -CUP 18-85 Coker (550 P.C.H., #109) -CUP 11-85, VAR 7-85 Kayo 011 (16305 P.C.H ) -CUP 12-84 Calvln (500 P.CH.) October 2, 1985 -VAR 12-85 Lucky Stores (12451 Seal Bch. Blvd ) -Report on Non-Conformlnq BUlldlng Dlsaster Prov -ZTA 6-85 Dlstrlct III (Surfslde) Provlslons for Non- Conformlng BUlldlngs . PLANNING COMMISSION MEETING OF SEPTEMBER 4, 1985 . The Seal Beach Plann1ng Comm1ss1on met 1n regular seSS10n at 7:38 p.m. w1th Cha1rman Jessner call1ng the meet1ng to order. Comm1ss1oner Perr1n led the Salute to the Flag. ROLL CALL Present: Cha1rman Jessner Comm1ss1oners: Cov1ngton, Hunt, Perr1n, R1pperdan Absent: None Also Present: Dana Ogdon, Adm1n1strat1ve A1de REPORT FROM SECRETARY Dana Ogdon, Adm1n1strat1ve A1de, 1nd1cated that there were no 1tems to report. Mr. Ogdon noted that he would be tak1ng John Baucke's place at ton1ght's meet1ng as Mr. Baucke was out of town and would be return1ng on Monday, September 9, 1985. CONSENT CALENDAR There were no 1tems on the consent calendar fo\ the Comm1ss1on's cons1derat1on. PUBLIC HEARING - CONDITIONAL USE PERMIT 16-85 - 1625 Seal Way TENTATIVE PARCEL MAP 85-267 . Staff report, presented by Dana Ogdon, 1nd1cated that th1S 1tem was a request to convert an eX1st1ng two-story duplex 1nto two condom1n1um un1ts. Mr. Ogdon presented the facts related to the subJect property and gave staff's recommendat1on on th1S 1tem w1th the cond1t1ons noted 1n the staff report. He then made h1mself ava1lable to the Comm1ss1on for quest1ons. Cha1rman Jessner declared the publ1C hear1ng open. . Charles Antos, 316 10th Street, Seal Beach, represented the property owners, E. Thomas and Joseph1ne Greely. Mr. Antos stated that he was prepared to d1SCUSS all aspects of th1S converS1on w1th the Comm1ss1on 1f they so wanted. He also spoke 1n reference to a sect10n of the Subd1v1s1on Map Act of Cal1forn1a. Mr. Antos spoke 1n favor of th1S proJect and requested that the Comm1ss1on approve th1S CUP as proposed. Mr. Hunt asked 1f Mr. Antos was 1n agreement w1th Cond1t1ons #5 and #6 as proposed by staff. Mr. Antos was reluctant to agree w1th these cond1t1ons and spoke 1n reference to other appl1cat1ons prev10usly brought before the Comm1ss1on on slm1lar lssues. The Comm1ss1on, staff and the appl1cant d1scussed Cond1t1on #6, the relocat1on of the washer/dryer so to allow for the requ1red unobstructed park1ng depth of 40 feet. Mr. Antos 1nd1cated that the washer/dryer was on a 3 - 4 ft. ra1sed platform. To comply w1th staff's cond1t1on, a hookup would need to be prov1ded elsewhere. D1Scuss1on cont1nued 1n reference to the storage cab1nets located above the washer/dryer area and Mr. Jessner d1scussed w1th Mr. Antos the C1ty'S prOV1S1ons regard1ng th1S. Mr. Jessner spoke 1n regards to the state's requ1rements of not1fY1ng Plannlng Commlsslon Meetlng of September 4, 1984 Page 2 . tenants about the converSlon and Mr. Antos lndlcated that he would be wllllng to provlde reglstered return mall recelpts or the tenant's slgnatures. Staff dlscussed wlth the Commlsslon past actlons taken by the Commlsslon In approvlng or denYlng condomlnlum converSlon appllcatlons WhlCh were non-conformlng due to the helght llmlt. Mr. Covlngton dlscussed wlth Mr. Antos the preVlOUS actlons taken by the Clty durlng hlS term of employment wlth the Clty of Seal Beach. Mr. Antos lndlcated that the Clty has kept the same standards In reference to parklng depth requlrements. He noted that larger cars were common In the past when these requlrements were drafted, but now there were many more compact vehlcles not belng taken lnto conslderatlon. In addltlon, a posslble gas leak could go undetected In the garage, and there lS much more avallable space lnslde the garage wlthout the washer/dryer. Mr. Perrln concurred wlth Mr. Covlngton. Mr. Hunt stated that he dld not feel comfortable asklng the homeowners to move thelr washer/dryers. Mr. Jessner dlscussed wlth Mr. Antos the number of hookups at each unlt. Mr. Antos lndlcated that there was one electrlc washer and one gas dryer hookup at each unlt. Mr. Rlpperdan spoke In reference to the large dlnlng rooms at each unlt and asked Mr. Antos lf lt would be posslble to use a portlon of thlS avallable space to accomodate the washer/dryer. Mr. Antos noted that there may be a problem on the second floor In runnlng the plumblng. . Mr. Hunt stated that lt lS posslble when a new owner moves lnto the unlt they wlll relocate the washer/dryer back to the garage. Mr. Covlngton stated that he planned to approve thlS appllcatlon based on staff's recommendatlon that the washer/dryer be moved lnslde the home. Mr. Jessner dlscussed the CC&R's pertalnlng to thlS appllcatlon wlth Mr. Antos. Tom Greely, 1629 Seal Way, property owner, spoke In reference to what landscape he had provlded for at the property. He also dlscussed the washer/dryer locatlon wlth the Commlsslon and spoke on behalf of hlS tenants and thelr feellngs on movlng the washer/dryer lnslde the home. He lndlcated that lt was more practlcal to leave the washer/dryer In the garage, and there was adequate space lnslde the garage as the washer/dryer was on a ralsed portlon. In addltlon, Mr. Greely stated that lf the Commlsslon approved staff's recommendatlon to relocate the washer/dryer, all new constructlon In the Clty should have to meet thlS requlrement. Most people would be unwllllng to glve up dlnlng area space to provlde for thelr washer/dryer, thlS reduces the use of the property. As no other members spoke In favor of nor In Opposltlon to thlS ltem, Chalrman Jessner closed the publlC hearlng. Mr. Perrln moved to approve Condltlonal Use Permlt 16-85 wlth all 6 condltlons recommended by staff. Mr. Covlngton seconds. AYES: NOES: Covlngton, Perrln Hunt, Jessner, Rlpperdan Motlon Denled . Mr. Hunt moves to approve Condltlonal Use Permlt by adoptlon of Resolutlon #1391 wlth the condltlons recommended by staff #1 - #4. Mr. Rlpperdan seconds. Plann1ng Comm1ss1on Meet1ng of September 4, 1985 . Page 3 Mr. Perr1n stated that he d1d not agree that the Comm1ss1on should approve th1S appl1cat1on w1thout the 1nclus1on of staff's Cond1t1on #6. He felt that by d01ng so, a precedent was be1ng set, and he felt that a 40 ft. depth requ1rement by Code should be met. Mr. Cov1ngton concurred w1th Mr. Perr1n 1n reference to the washer/dryer relocat1on. Mr. Cov1ngton felt that there was a safety hazard 1ssue here 1n that a person could dr1ve 1nto the garage and h1t the dryer thus caus1ng an explos1on. He felt that by approv1ng th1S appl1cat1on as proposed, the C1ty would be mak1ng an except10n and th1S could be a maJor d1saster. The C1ty could be llable for the overall publ1c health and safety. Mr. Jessner felt that there wasn't really a safety 1ssue here. Most homes 1n Seal Beach have the washer/dryer 1n the garage. Mr. Cov1ngton stated that most gas heaters are elevated and enclosed 1n slngle fam1ly garages. The garages 1n th1S part1cular sltuat10n are tandem, and there 1S a greater r1sk 1nvolved. Mr. Perr1n aga1n ment10ned that the Code requ1res a 40 ft. depth, and th1S cannot be d1sregarded. Mr. R1pperdan 1nd1cated that a booklet wr1tten by a nat10nal organ1zat1on on park1ng had been glven to each of the Comm1ss1on members, and the booklet d1d make recommendat1ons on park1ng 1nclud1ng that the smaller cars meant smaller park1ng stalls and smaller park1ng lots. Mr. Cov1ngton aga1n rem1nded the Comm1ss1on that the 1ssue here was tandem park1ng. He felt that 1f appl1cat1ons such as th1S one had been approved 1n the past as an overs1te, the sltuat10n should be corrected now. .. Charles Antos, spoke 1n reference to stat1st1cs prov1ded by staff 1n the staff report regard1ng the number of un1ts hav1ng washer/dryers at the head of the garage. Mr. Hunt stated that he was 1n agreement w1th Mr. Greely and what he was propos1ng to do w1th th1S property. Mr. Jessner 1nd1cated that he would V1ew th1S appl1cat1on d1fferently 1f the eX1st1ng sltuat10n d1d not eX1st w1th regard to separate fac1l1t1es for each un1t. If 1t was Just a common slngle washer/dryer sltuat1on, he would agree that we re-evaluate what act10n was taken 1n the past, and 1t would now be v1ewed d1fferently. Cha1rman Jessner requested the Comm1ss1on Secretary to restate the mot1on made by Mr. Hunt. Mr. Ogdon restated the mot1on as follows: Mr. Hunt moved to approve Cond1t1onal Use Perm1t 16-85 by the adopt1on of Resolut1on #1391, A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 16-85 FOR THE CONVERSION OF A DUPLEX INTO A TWO UNIT CONDOMINIUM, w1th cond1t1ons recommended by staff #1-#4. Mr. R1pperdan seconds. AYES: NOES: Hunt, Jessner, R1pperdan Cov1ngton, Perr1n Mot1on Carned Mr. R1pperdan moves to approve Tentat1ve Parcel Map 85-267 by adopt1on of Resolut1on #1392, A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING TENTATIVE PARCEL MAP NO. 85-267 (1619 Seal Way), as recommended by staff. Mr. Hunt seconds. . AYES: NOES: Hunt, Jessner, R1pperdan Cov1ngton, Perr1n Mot1on Carr1ed Plannlng Commlsslon Meetlng of September 4, 1985 . Page 4 PUBLIC HEARING - VARIANCE 11-85 - 12241 Seal Beach Blvd. Mr. Ogdon presented the staff report for thlS ltem lndlcatlng that lt was a request to allow an addltlon to a restaurant located In a C-2 (General Commerclal) Zone wlthout provldlng the requlred landscape. Mr. Ogdon presented an lnformatlon sheet to the Commlsslon provldlng the landscape requlrements for the Rossmoor Buslness Center. He then presented the facts relatlng to the subJect property and gave staff's recommendatlon wlth the condltlons as noted In the staff report. Mr. Perrln dlscussed wlth Mr. Ogdon the Parasol Restaurant slgnage lndlcatlng that the restaurant does have a pylon slgn WhlCh they have agreed to take down. Thls would be dealt wlth as a separate lssue. Chalrman Jessner declares the publlC hearlng now open. . Blll Stevenson, Zember Constructlon, 10575 Bloomfleld Ave., Los Alamltos, appllcant for thlS ltem, spoke In reference to the large amount of follage surroundlng the restaurant. The Commlssloners dlscussed wlth the appllcant the overall plans for the remodel of the Parasol Restaurant. Mr. Stevenson presented an archltectural renderlng to the Commlsslon for thelr reVlew. Mr. Jessner dlscussed rear flre and safety access shown on the plans wlth Mr. Stevenson. Mr. Jessner asked staff lf the square footage had been calculated as to how much landscape area would be removed by thlS remodel. Mr. Ogdon lndlcated lt was 980 sq. ft. and that lf all the landscaplng abuttlng the property could be an attrlbutlng factor, the appllcant would be lacklng approxlmately 400 sq. ft. of landscape. It was Mr. Jessner's oplnlon that lt would be helpful for Mr. Stevenson to spend some addltlonal tlme worklng wlth staff to dlSCUSS the landscaplng due to the fact that some of the materlal presented tonlght had not been prevlously revlewed by the appllcant. Mr. Hunt asked lf the Parasol or Zember had any control over the landscape outslde of thelr own area. Mr. Covlngton lndlcated that both partles would beneflt from the other's lnterest and actlvltles. Mr. Hunt noted that the plans showed that there dld not seem to be any more room around the Parasol for addltlonal landscape. It was Mr. Covlngton's oplnlon that by not provldlng the addltlonal landscape elsewhere In the Center, the landscaplng would fall behlnd, what was belng removed should be substltuted elsewhere. Mr. Rlpperdan questloned staff as to how much landscaplng was In front of the property abuttlng Seal Beach Blvd. Mr. Ogdon lndlcated approxlmately 8-10 ft. Mr. Covlngton questloned the appllcant as to whether or not the Parasol pays for any of the malntenance of the landscaplng. Mr. Stevenson lndlcated that lt was hlS understandlng that they dld pay for the lmmedlate area surroundlng the restaurant. Mr. Hunt concluded that lt seemed the P~rasol wlll eventually be encapsulated by landscaplng, and would have to landscape another area of the Rossmoor Buslness Center In order to provlde the requlred landscaplng. It was Chalrman Jessner's recommendatlon that thlS publlc hearlng be contlnued to the October 2, 1985 Plannlng Commlsslon meetlng so that staff can reVlew the landscape requlrements wlth the appllcant In more detall. Mr. Covlngton concurred wlth Mr. Jessner and felt that the landlord should slgn the appllcatlon and the appllcant should brlng thlS back before the Commlsslon. Mr. Jessner noted that he would llke to see how Tlny Naylor's appeal to the Clty Councll was dealt wlth Slnce lt lS a slmllar sltuatlon to the Parasol Restaurant. Mr. Hunt agreed that a statement would be needed . Plann1ng Comm1ss1on Meet1ng of September 4, 1985 . Page 5 from both the landlord and the appl1cant. Mr. R1pperdan concurred w1th the other Comm1ss1on members that th1S 1tem be cont1nued. Mr. Cov1ngton moves to cont1nue th1S publ1c hear1ng for Var1ance 11-85 to the October 2, 1985 Plann1ng Comm1ss1on meet1ng. Mr. R1pperdan seconds. AYES: NOES: Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan None Mot1on Carr1ed to Cont1nue PUBLIC HEARING - ZONING TEXT AMENDMENT - 7-85 Dana Ogdon presented the staff report for th1S 1tem glv1ng a br1ef background deta1l1ng the or1g1n of th1S Zon1ng Text Amendment. He gave staff's recommendat1on to approve th1S 1tem w1th the word1ng and cond1t1ons as noted 1n the staff report. Mr. Ogdon then made h1mself ava1lable to the Comm1ss1on for any quest1ons. Mr. Cov1ngton d1scussed w1th staff Sect10n 28-800 - Perm1tted Uses (3)(e) and th1S sect10n of the Code's relat1onsh1p to the uther uses a,b,c, and subJect to lssuance of a Cond1t1onal Use Perm1t. Mr. Cov1ngton felt that (e) should be re-worded to: "Res1dent1al complexes of 50 un1ts or more where assessory commerc1al uses would be perm1tted subJect to the follow1ng cond1t1ons and llm1tat1ons:". Mr. R1pperdan concurred w1th Mr. Cov1ngton. Mr. Jessner declared the publ1C hear1ng open. . Charles Antos, 316 10th St., Seal Beach spoke 1n reference to Sect10n 28-800 (3)(e)(6) stat1ng that 1t was h1S understand1ng that th1S cond1t1on would exempt the proJect because the Oakwood Apartment slte lS d1rectly across from the Mar1na Palace slte on Pac1f1c Coast Hwy. wh1ch lS zoned commerc1al, and therefore, due to the 500 ft. m1n1mum requ1rement, they could not apply for a Cond1t1onal Use Perm1t. . As no other members of the aud1ence spoke 1n favor of nor 1n Oppos1t1on to th1S 1tem, Cha1rman Jessner c~osed the publ1C hear1ng. Mr. Jessner and Mr. R1pperdan d1scussed w1th staff the poss1b1l1ty of the appl1cant request1ng more than 1 10cat1on on th1S slte, and whether or not vend1ng mach1nes and/or v1deo games would be perm1tted. Mr. Ogdon 1nd1cated that these mach1nes are pract1cally all perm1tted on commerc1al propert1es and that a Seal Beach C1ty Bus1ness L1cense would be requ1red. Mr. Jessner ment10ned that under the current gU1del1nes, vend1ng mach1nes would not be perm1tted on the Oakwood Apartment slte because 1t lS zoned res1dent1al. Mr. Jessner also d1scussed the act1v1t1es of the pro-shop glvlng tenn1S lessons. The Comm1ss1oners d1scussed Sect10n 28-800 (3)(e)(9) 1n reference to reta1~sales and what lS perm1tted on the property. Mr. Ogdon 1nd1cated that the Oakwood Apartments are asklng to be able to sell soft dr1nks and sandwlches. Mr. Jessner 1nd1cated that he would llke to see a procedure set up for appl1cat1ons such as th1S so that 1t may be followed 1n future appl1cat1ons. Mr. Hunt stated that he would llke to hear more d1Scuss1on on th1S 1tem and felt 1t should be cont1nued. Mr. Cov1ngton was 1n agreement w1th both Mr. Jessner and Mr. Hunt and recommended that staff reV1ew Sect10n 28-800 (3)(e)(5) and amend Sect10n 28-800 (e) to read as follows: "Res1dent1al complexes of 50 un1ts or more shall be perm1tted assessory commerc1al uses subJect to the follow1ng Plannlng CommlSSlon Meetlng of September 4, 1985 Page 6 . condltlons and llmltatlons:", and In addltlon, deflne In more speclflc terms as to what those condltlons are. Mr. Jessner lndlcated that he would llke to hear more dlScusslon as to why 50 unlts was belng used here. Mr. Rlpperdan lndlcated that he dld not feel there was any problem wlth havlng vendlng machlnes on the property. Mr. Covlngton also suggested to staff that an addltlonal condltlon be added as follows: "That a valld Clty Buslness Llcense shall be obtalned for all operatlons.". Mr. Rlpperdan moved to contlnue the publlc hearlng for Zonlng Text Amendment 7-85 to the September 18, 1985 Plannlng Commlsslon meetlng. Mr. Covlngton seconds. AYES: NOES: Covlngton, Hunt, Jessner, Perrln, Rlpperdan None Motlon Carrled to Contlnue SCHEDULED MATTERS There were no scheduled matters for the Commlsslon's conslderatlon. COMMISSION REQUESTS There were no Commlsslon Requests. ORAL COMMUNICATIONS There were no Oral Communlcatlons. COMMISSION COMMUNICATIONS There were no Commlsslon Communlcatlons. . ADJOURNMENT It was the concensus of the Commlsslon and so dlrected by Chalr to adJourn the regularly scheduled meetlng of the Plannlng Commlsslon at 10:15 p.m. ~~L .