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HomeMy WebLinkAboutPC Min 1985-11-06 / e - - SEAl ;EACH PLANNING COMMISSION AGENO: Clty Council Chambers 211 Elghth Street Seal Beach, Callfornla -' \ \ The Seal Beach Plann~ng ComnussJon meets ~n sess~on every fJrst and th~rd Wednesday of each month at 7.30 p.m. If you w~sh to address the CommJss~on on any part~cular publ~c hear~ng ~tem, the Cha~rman w~ll call for publ~c teshmony fJrst for those ~n favor of the project, and second, for those who are not ~n favor. When you see that the speaker' s pos~ tJon ~n the center of the room ~s unoccup~ed, step up to the rrucrophone and when recognJozed by the Cha~rman, speak d~rectly ~nto the rrucrophone by f~rst stat~ng your name and address clearly and d~st~nctly for the records State your bus~ness as clearly and succJnctly as poss~ble and then wa~t a moment to see ~f the CcnnussJ.oners have any questJons ~n regard to your comments or quest~ons. If there are no othe: q~est~ons or comments, return to your seat so that the next person may address the Comnuss~on If you w~sb to address the ComnusSJon on matters other than pUblJC hear~ngs, the agenda prov~des for that t~me when the Cha~rman asks for comments from the pubhc Address the Conmuss~on ~n the same manner as stated for publ~c hear~ngs, always stat~ng your name and address f~rst. NOVEMBER 6, 1985 NEXT RESOLUTION #1398 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 Commlsslon as to why ani ltem should be re~oved from the consent calendar for a full and separate publlC hearlng. Unless a Commlssloner requests a full publlc hearlng, all consent agenda ltems wlll be acte~ upon on one summary vote. A. Extenslon of CUP 15-84 - Tom's Corner Cafe 901 Ocean 5. Publlc Hearlngs A. VARIANCE 12-85 Resolutlon #1397 12451 Seal Beach Blvd. (Lucky's) A request to allow a maJor structural alteratlon and remodel to a grocery store located ln a C-2 (General Commerclal) Zone wlthout provldlng the requlred landscaplng. Code Sectlon: 28-1402(6), 28-2407 Envlronmental Revlew The proJect lS categorlcally exempt from Envlronmental Revlew [Callfornla Government Code Sectlon 15301(3)]. Appllcant: Lucky Stores, Inc. Owner. Rossmoor Buslness Center 6. Scheduled Matters The publlc may speak at the dlscretlon of the Commlsslon. A. Report on CltJ Counc,l Proposed Changes to ^ppeal Procedures B. Report on Non-Conformlng BUlldlng Dlsaster Provlslcrs 7. Commlsslon Requests 8. Oral Comrnunlcatlon from the Audlence PLANNING COMMISSION AGENDA / November 6, 1985 III Page 2 9. Comm1ss10n Commun1cat10ns 10. AdJournment: Agenda Forecast: November 7, 1985 J01nt C1ty Counc11/P1ann1ng Comm1ss10n Study Sess10n on the Seal Beach Boule- vard Land Use Study Draft Report November 20, 1985 -Report on Rev1ew of the General Plan by Staff and C1ty Attorney -- e PLANNING COMMISSION ~EETING OF NOVEMBER 6, 1985 . The Seal Beach Plannlng Commlsslon met In regular seSSlon at 7:30 p.m. wlth Chalrman Jessner call1ng the meetlng to order. Commlssloner Rlpperdan led the Salute to the Flag. ROLL CALL Present: Chalrman Jessner Commlssloner Covlngton, Hunt, Rlpperdan Absent: CommlSSloner Perrln Also Present: John M. Baucke. Dlrector of Development Servlces Chalrman Jessner lndlcated that he had spoken to Commlssloner Perrln who requested that he be excused from tonlght's meetlng as he had another engagement to attend to. CommlSSloner Rlpperdan moved to excuse Commlssloner Perrln from the November 6, 1985 Plannlng Commlsslon meetlng. Mr. Covlngton seconds. AYES: NOES: Covlngton, Hunt, Jessner, Rlpperdan None Motlon Carrled . REPORT FROM SECRETARY Mr. Baucke requested that there be one addltlonal ltem added to the Scheduled Matters portlon of the agenda: C) Request for a zonlng text amendment to amend the prOV1Slons of the automoblle serVlce statlon portlon of the Munlclpal Code to allow rental car agencles and rental vehclles (l.e., trallers). CO~SENT CALENDAR There was one ltem on the consent calendar for the Commlsslon's conslderatlon: A) Extenslon of CUP 16-84 - Tom's Corner Cafe, 901 Ocean. r1r. Rlpperdan moved to approve the extenslon of CUP 16-84 as recommended by staff. Mr. Covlngton seconds. AYES: NOES: Covlngton, Hunt, Jessner, Rlpperdan None Motlon Carrled - PUBLIC HEARING - VARIANCE 12-85 - 12451 Seal Beach Blvd. Staff report, presented by Mr. Baucke, lndlcated that thlS ltem was a request to allow a maJor structural alteratlon and remodel to a grocery store, Lucky Stores, Inc., located In a C-2 (General Commerclal) Zone wlthout provldlng the requlred landscaplng. Mr. Baucke noted that at thlS tlme, the appll- cant lS proposlng to provlde addltlonal landscape of 6,684 sq. ft. Mr. Baucke provlded a brlef outllne of the landscaplng requlrements and other past actlons taken by the Plannlng Commlsslon In slmllar requests such as thlS. He then presented the varlOUS code sectlons relatlng to thlS partlcular ltem. Mr. Baucke noted to the Commlsslon that the appllcant's landscape plan falls to propose the total amount of landscaplng requlred based on the proportlonal basls that the Plannlng Commlsslon has requlred of other opera- tlons and therefore, staff recommends that the Commlsslon contlnue Varlance 12-85 and dlrect the appllcant to provlde a landscape plan WhlCh proposes Plann1ng Comm1ss1on Meet1ng of November 6, 1985 Page 2 . full compl1ance to the landscap1ng requ1rement as prov1ded 1n past appl1cat1ons. The Comm1ss1on d1scussed w1th staff the data comp1led and presented to the Comm1ss1on establ1sh1ng the port1on of landscap1ng Wh1Ch should be requ1red of Lucky's. Mr. Cov1ngton and Mr. Hunt d1scussed w1th staff the park1ng demand of the Rossmoor Center. Mr. Hunt felt that there was more park1ng spaces than there was a need for, and 1t appeared that there would be future development. Cha1rman Jessner declares the publ1C hear1ng open. - Adr1an Varlota, Lucky Stores, d1scussed w1th the Comm1ss1on the landscape requ1rements and felt that Lucky Stores should be ent1tled to a percentage of the eX1st1ng landscape outs1de of the1r lease l1ne. Th1S, comb1ned w1th the add1t1onal 6,684 sq. ft. as proposed would be 1,178 sq. ft. D1Scuss1on cont1nued between the appl1cant, staff and the Comm1ss1on 1n reference to other poss1ble 10cat1ons w1th1n the Rossmoor Center where add1t1onal 1andsca- p1ng could be proposed. Cha1rman Jessner clar1f1ed w1th the appl1cant and staff all the stat1st1cal f1gures comp1led 1n regard to the landscap1ng requ1rements of Lucky, Inc. Mr. Hunt felt that the 1ntent1on of hav1ng a landscap1ng requ1rement was to make the Center more pleasant and comfortable to the publ1C, and he felt that th1S was be1ng overlooked. Mr. Hunt d1d not concur w1th the landscap1ng calculat10ns as presented. f1r. Jessner 1nd1cated that he was not 1n agreement w1th the concept beh1nd the calculat10ns that were presented. Mr. Cov1ngton d1scussed w1th staff and the Comm1ss1on the 1ncremental approach which the Comm1ss1on supported 1n the past. He 1nd1cated that th1S was a comprom1se between a total shortfall catch up and no catch up at all, and that the appl1cant was request1ng the Comm1ss1on to go beyond that comprom1se establ1shed 1n pr10r appl1cat1ons. Mr. R1pperdan concurred w1th Mr. Cov1ngton. As no other members of the aud1ence spoke 1n favor of nor 1n Oppos1t1on to th1S 1tem, Cha1rman Jessner closed the publ1C hear1nG. Cha1rman Jessner concurred w1th Comm1ss1oner Hunt 1n that he d1d not agree w1th thecalculat10ns presented and once aga1n rev1ewed these calculat10ns w1th staff. Staff and the Comm1ss1on d1scussed the T1ny Naylor's proposal 1n COlnpar1SOn to th1S 1tenl. The Comm1ss1on d1scussed cont1nuance of th1S request, and Mr. Hunt felt that enough 1nformat1on has been presented ton1ght 1n order to vote. Mr. Hunt noted that there was a certa1n obJect1ve here and 1n trY1ng to meet that, a "squeeze" was be1ng put on Lucky S1nce the oppor- tun1ty was there. He felt that progress was be1ng made by the approval of Lucky's proposed landscap1ng. Mr. Cov1ngton noted that the 1mportant 1ssue here was to calculate the landscap1ng shortfall, how 1t 1S calculated and was 1t done 1n a fa1r and equ1table manner. t1r. Cov1ngton moved that th1S 1tem be cont1nued to the November 20, 1935 Plann1ng Comm1ss1on meet1ng so to allow t1me for the staff to d1SCUSS w1th the C1ty Attorney the concepts and p01nts made at ton1ght's meet1ng and to further d1SCUSS such w1th the appl1cant and the owner. Mr. R1pperdan seconds. . AYES: NOES: Cov1ngton, Hunt Jessner, R1pperdan Mot1on Carr1ed to Cont1nue Plann1ng Comm1ss1on Mget1ng of November 6, 1985 Page 3 SCHEDULED MATTERS e There were 3 scheduled matter 1tems for d1Scuss1on: A. Report on C1ty Counc1l Proposed Changes to Appeal Procedures e Mr. 3aucke presented a br1ef backeround of th1S 1tem 1nd1cat1ng that upon the request of the C1ty Counc1l, the C1ty Attorney presented a memorandum outl1n1ng 3 alternat1ves relat1ng to referrals of zon1ng text amendment zone changes, unclass1f1ed use perm1ts and planned un1t dpvelopments back to the Plann1ng Comm1ss1on. The C1ty Counc1l has referred th1S matter back to the Plann1ng Comm1ss1on for the1r comments and recommendat1ons that alternat1ve approach #3 be g1ven spec1al attent1on. Mr. Baucke presented a memorandum from the C1ty Attorney dated July 29, 1985, outl1n1ng the 3 approaches. The f1rst approach would el1m1nate the referral-back procedure 100%. The second approach would el1m1nate the referral-back for all matters except zone changes. The th1rd approach requ1res referral-back to the Plann1ng Comm1ss1on of zone changes, zon1ng text amendments, unclass1f1ed use perm1ts, and planned un1t developments ~ when a substant1al mod1f1cat1on has been made by the C1ty Counc1l not prev10usly cons1dered by the Plann1ng Comm1ss1on dur1ng 1tS hear1ngs. Mr. Baucke noted that the C1ty Counc1l seemed to favor approach #3, and the Counc1l requested staff to survey other Charter C1t1es. Staff rev1ewed the Charter C1t1es 1n Orange County and d1scussed th1S reV1ew w1th the Comm1ss1on members. Mr. R1pperdan requested staff to expla1n the current procedure. Mr. Baucke 1nd1cated that presently, 1f there was an act10n or mod1f1cat1on proposed by Counc1l contrary to the Plann1ng Comm1s- S10n recommendat1on, 1t would be requested that a formal report be sent to the C1ty Counc1l from the Plann1ng Comm1ss1on express1ng the Comm1ss1onls comments and d1fference of op1n1on. D1Scuss1on cont1nued between staff and the Comm1ss1on as to the current appeal procedures and the 3 approaches. Mr. R1pperdan moved to approve approach #3. Mr. Hunt seconds. AYES: NOES: Cov1ngton, Hunt, Jessner, R1pperdan None Mot1on Carr1ed Mr. Cov1ngton requested that 1n the future, the C1ty Attorney prepare some gU1del1nes as to the1r descr1pt1on of what const1tutes a substant1al mod1f1- cat1on. B. Report on Non-Conform1ng BU1ld1ng D1saster Prov1s1ons e Mr. Baucke presented a br1ef background of th1S 1tem 1nd1cat1ng that staff surveyed a number of c1t1es on the subJect of reconstruct1on of non-conform1ng bU1ld1ngs, and a survey of such was 1ncluded 1n the packets. Mr. Baucke noted that the maJor1ty of the c1t1es surveyed had prOV1S1ons w1th the same restr1ct1ons as conta1ned 1n the Seal Beach Mun1c1pal Code. In 1tS del1bera- t10ns of Zon1ng Text Amendment 2-84, the C1ty Count1l requested that staff contact f1nanc1al 1nst1tut1ons to determ1ne what the1r concerns and approaches were on non-conform1ng propert1es. Staff found that one approach 1S to hold notes from the1r res1dent1al property loans for the1r portfol1os. The other approach 1S to package the notes 1nto pools for resale on the secondary market. ~lr. Baucke noted that due to restr1ct1ons be1ng placed on the pooled notes, loans on non-conform1ng proper1tes are mostly excluded caus1ng the den1al of loans on non-conform1ng propert1es. Mr. Baucke also 1nd1cated that 1n speak1ng to 1nsurance compan1es on the1r v1ewpo1nt, the maJor1ty were not concerned w1th the non-conform1ng propert1esi they 1nsured the propert1es on a square . Plannlng CommlSSlon r1eetlng of November 6, 1985 Page 4 footage value basls. Mr. Covlngton then provlded a vlewpolnt of the banklng lndustry on these matters for the beneflt of the Commlsslon. The Commlsslon dlscussed "11th staff the appralsal process used by the lnsurance companles In these matters. Mr. Baucke stated that he was In agreement wlth the replacement cost basls. Mr. Jessner dlscussed wlth staff dlsaster fundlng by state and federal agencles. He felt that staff should research these agencles to see lf a Plannlng Commlsslon declslon on non-conformlng propertles would affect any award they may glve In a dlsaster sltuatlon. ~ir. Jessner also felt that the tax ramlflcatlons should also be researched. - Chalrman Jessner asked lf any members of the audlence wlshed to speak In regard to thlS ltem. Joyce Ross, 1109t Seal Way, lndlcated that because of the non-conformlng status of a property, she was recently denled a loan. She felt that the eXlstlng prOV1Slons were unfalr to rental property owners In Old Town. She wanted to see somethlng proposed so that rental property owners could rebulld the eXlstlng number of unlts on thelr propertles In the event of a dlsaster. Robert Cook, 441 Central Ave., felt that the Plannlng Commlsslon, In deallng wlth thlS lssue, wlll be back to the zonlng problem created before. MltZl Morton spoke In reference to the downzonlng that took place several years ago. She felt that property owners never would have agreed to downzonlng lf they'd known that In case of a dlsaster, they could never replace thelr propertles. Robert Cook, spoke In reference to the speclflcs of the down- zonlng that took place. He felt that the propertles that were downzoned because they dldn't have multlple unlts on them already, are belng treated ~nfalrly and are bearlng the brunt of all of downzonlng whlle the non-conformlng propertles are retalnlng the beneflts of It. Mr. Covlngton questloned whether the Commlsslon concurred wlth the use of the replacement cost/replacement value approach lf the eXlstlng prOV1Slons were modlfled. The Commlsslon concurred that any new prOV1Slon use the replacement cost/value approach. Mr. Rlpperdan dlscussed the posslblllty wlth the Commlsslon of staff pre- parklng a study on the downzonlng In Old Town. MltZl Morton, spoke In reference to the houslng element of the General Plan and the percentage of rental houslng In Seal Beach. The Commlsslon concurred that there was no need for a motlon to be made to contlnue the dlScusslon of thlS ltem. It would be brought back before the Commlsslon In the form of a publlC hearlng. e C. Request for a Zonlng Text Amendment to Amend the Provlslon of the Auto Servlce Statlon Portlon of the Munlclpal Code to Allow Rental Car Agencles and Rental Vehlcles (l.e., trallers) Mr. Baucke lndlcated that thlS was a request by Mr. Seth Owen Schlller to lnltlate a zonlng text amendment whlch would allow a General Commerclal Use (rent-a-car/traller agency) to operate In conunctlon wlth an Auto Servlce Statlon. Mr. Baucke outlln~d for the Commlsslon the uses currently permltted under Munlclpal Code Sectlon 28-2318, and he lndlcated that staff feels the eXlstlng code adequately regulates serVlce statlon uses In commer- clal zones. The lntroductlon of multlple uses to a serVlce statlon slte could Jeopardlze the Code's ablllty to mlnlmlze any adverse effect on nelghborlng uses. Staff recommended that the Plannlng Commlsslon deny the subJect request to amend Sectlon 28-2318. Plann1ng Comm1ss1on Meet1ng of November 6, 1985 Page 5 e Mr. R1pperdan moved to deny the request to amend Sect10n 28-2318 as recommended by staff. Mr. Cov1ngton seconds the mot1on add1ng that th1S request was den1ed on the bas1s that the eX1st1ng Code prov1des ample prOV1S1ons for operat1ng a rental car/tra1ler wS1ness 1n the C-2 and M-1 zones. AYES: NOES: Cov1ngton, Hunt, Jessner, R1pperdan None Mot1on Carr1ed COMMISSION REQUESTS Cha1rman Jessner 1nd1cated that he had requested staff to prov1de 1nformat1on 1n reference to Enterta1nment Perm1ts. Th1s 1nformat1on was before the Comm1ss1on ton1ght for d1Scuss1on. The reason beh1nd th1S request was apparent m1sconcept1on amongst some of the Comm1ss1on and C1ty Counc1l members w1th regard to the requ1rements of an enterta1nment perm1t. The Comm1ss1on d1scussed the T1ny Naylor's appl1cat1on and how 1t appl1ed to th1S m1sconcep- t1on. Mr. Cov1ngton requested that staff reV1ew the m1nutes referenc1ng the T1ny Naylor's appl1cat1on for any d1Scuss1on of the use of a dance floor. Cha1rman Jessner requested the concensus of the Comm1ss1on to 1nstruct staff to draft a code amendment requ1r1ng that all enterta1nment perm1ts must go through the cond1t1onal use perm1t process. e Mr. Cov1ngton moved that staff research from the m1nutes and any other corre- spondence what the 1ntent was for the or1g1nal code amendment on enterta1nment cafes and report back to the Comm1ss1on for the1r cons1derat1on as a publ1C hear1ng 1tem. Staff 1S 1nstructed to amend Sect10n 28-1300(6)(1) to read: (1) Enterta1nment cafes. (remov1ng the except10n clause). Mr. R1pperdan seconds. AYES: NOES: Cov1ngton, Hunt, Jessner, R1pperdan None Mot1on Carr1ed Mr. Jessner 1nd1cated another 1tem that he wanted to J1SCUSS. He spoke 1n reference to lack of control of modular and temporary bU1ld1ngs. Mr. Jessner felt that the C1ty was 1n need of a mechan1sm to control the t1me per10d of the1r eX1stance to assure removal along w1th aesthet1c controls. Cha1rman Jessner, w1th the concensus of the Comm1ss1on, 1nstructed staff to research and study th1S matter. ~Ir. Hunt moves to 1nstruct staff to research and survey other c1t1es on modular and temporary bU1ld1ngs and report back to the Comm1ss1on w1th a proposed code amendment. Mr. Cov1ngton seconds. AYES: NOES: Cov1ngton, Hunt, Jessner, R1pperdan None Mot1on Carr1ed ORAL COMMUNICATIONS e Robert Cook, 441 Central Ave., spoke 1n reference to fa1rness 1n the appl1ca- t10n of C1ty Code. Mr. Cook expressed concern over a problem he found 1n the Code 1n reference to bU1ld1ng a pat10 cover. He d1scussed w1th the Comm1ss1on what he had proposed on a reverse corner lot. Mr. Cook requested that the Plann1ng Comm1ss1on reV1ew the prOV1S1ons of Sect10n 28-801(2), and he prov1ded a sketch of h1S proposal to the Comm1ss1on. Mr. Cook stated Plannlng CommlSSlon Meetlng of November 6, 1985 Page 6 II that he was belng held to setback requlrements that are greater than prop- ertles that are not only equlvalent to hlS, but larger. Mr. Cook requested that the Commlsslon lnstruct staff to draft a zonlng text amendment In reference to thlS. Mr. Hunt moved to lnstruct staff to reVlew Sectlon 28-801(2) In regard to the setback requlrements on reverse corner lots. Mr. Rlpperdan seconds. AYES: NOES: Covlngton, Hunt, Jessner, Rlpperdan None Motlon Carrled COMMISSION COMMUNICATIONS Mr. Covlngton lndlcated to the Commlsslon that he would be unable to attend the Clty Councll/Plannlng Commlsslon JOlnt study seSSlon of November 7, 1985, regardlng the Seal Beach Blvd. Land Use Study due to another buslness engage- ment. ADJOURNMENT It was the concensus of the Commlsslon and so dlrected by Chalr to adJourn the regularly scheduled meetlng of the Plannlng Commlsslon at 11:31 p.m. to the Clty Councll/Plannlng Commlsslon JOlnt study seSSlon of November 7, 1985 at 7:00 p.m. e A~ R cordlng Secretary II