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HomeMy WebLinkAboutPC Min 1985-12-04 SEAL BEACH PLANNING COMMISSION AGENDA Clty Council Chambers 211 Elghth Street Seal Beach, Callfornla . The Seal Beach Plann~ng Conmuss~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 partJcular publ~c hear~ng Jtem, the Cha~rman WJll call for publJC testJmony fJrst for those In favor of the proJect, and second, for those who are not ~n favor. When you see that the speaker' s pos~ tJon In the center of the room ~s unoccupJed, step up to the nucrophone and when recognJzed by the Cha~rman, speak dJrectly Jnto the nucrophone by fJrst stat~ng your name and address clearly and dJst~nctly for the records State your busJness as clearly and succ~nctly as poss~ble and then waJt a moment to see ~f the Conmuss~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 Conmuss~on If you w~sh to address the Conmuss~on on matters other than pubhc hear~ngs, the agenda prov~des for that t~me when the Cha~rman asks for comments from the pubhc Address the Conmuss~on In the same manner as stated for publ~c hear~ngs, always stat~ng your name and address f~rst. December 4, 1985 NEXT RESOLUTION #1401 1. Pledge of Alleg1ance 2. Roll Call 3. Report from Secretary 4. Consent Calendar A. M1nutes of November 20, 1985 5. Pubhc Heanngs A. ZONING TEXT AMENDMENT 8-85 Resolut1on #1398 . A request to amend Sectlon 28-1300(6)(1) 1n order to requ1re a Cond1t1onal Use Perm1t pr10r to the 1ssuance of enterta1nment perm1ts w1th1n C-1 and C-2 Zones. Env1ronmental Rev1ew: Negat1ve Declarat10n 9-85 has been prepared 1n-l1eu of an Env1ron- mental Impact Report. Appl1cant: C1ty of Seal Beach B. ZONE CHANGE 1-85 Resolut1on #1399 A request to change the zon1ng des1gnat1on of the 2.74 acre State lands parcel, located at the northwest corner of Pac1f1C Coast H1gh- way and F1rst Street, from C-1 (Serv1ce Commer- c1al) to S.P.R. (Spec1f1c Plan Regulat1on) Zone Env1ronmental Rev1ew: Negat1ve Declarat10n 11-85 has been prepared 1n l1eu of an Env1ronmental Impact Report. Appl1cant: C1ty of Seal Beach C. VARIANCE 11-84 (amended) Resolut1on #1346 (amended) A request to amend cond,t,ons #1 and #7 as per approval of Reso1ut1on #1346 as they perta,n to the requlred number of on-S1te and ,n-l,eu park1ng spaces related to the development of 320 Ma,n St. . Sect10n 28-1403 Appl1cant: Thomas Schuve,ller/Br,an Kyle Owner: Thomas Schuve,ller Env,ronmental Rev,ew Amended Negatwe Dec1aratlon 5-84 has been prepared 1n 1,eu of an Env1ronmental Impart Report . PLANNING COMMISSION MEETING AGENDA December 4, 1985 Page Two D. ZONING TEXT AMENDMENT 9-85 Resolutlon #11400 A request to amend Sectlon 28-2613 requlrlng referral-back to the Plannlng Commlsslon of Zone Changes, Zonlng Text Amendments, Unclassl- fled Use Permlts and Planned Unlt Developments only when substantlal modlflcatlons have been made by the Clty Councll Envlronmental Revlew. Negatlve Declaratlon 10-85 has been prepared In lleu of an Envlronmental Impact Report Appllcant: Clty of Seal Beach 6. Scheduled Matters A. Proposed Request from the Plannlng Commlsslon to the Clty Councll for Adoptlon of Moratorlum on Issuance of BUlldlng Permlts for Modular, Temporary BUlldlngs and Trallers Pursuant to Pendlng Conslderatlon of Zonlng Text Amenament 11-85 Requlrlng Condltlonal Use Permlts for the Establlshment of Modular, Temporary BUlldlngs and Trallers. 7. Commlsslon Request! 8. Oral Communlcatlons from the Audlence . 9. 10. Commlsslon Communlcatlons AdJournment Agenda Forecast. December 18, 1985: January 2, 1986: Zone Change 1-86 Hellman Property From R-l to S.P.R. (Speclflc Plan Regulatlon) Zone ZTA 10-85 Interlor Slde Setback Requlrements for Reverse Corner Lots Wlthln Dlstrlct-I R-3 Zone ZTA 11-85 CUP Requlrement for Temporary BUlldlngs & Trallers CUP 19-85, TPM 85-1002 Condo Converslon of EXlstlng Duplex Located at 210 8th St. . . PLANNING COMMISSION MEETING OF DECEMBER 4, 1985 The Seal Beach Planning Commission met in regular session at 7:32 p.m. with Chairman Jessner calling the meeting to order. Commis- sioner Perrin led the Salute to the Flag. ROLL CALL Present: Chairman Jessner Commissioners Covington, Hunt, Perrin, Ripperdan Absent: None Also Present John M. Baucke, Director of Development Services Dana Ogdon, Administrative Aide REPORT FROM SECRETARY Mr. Baucke indicated that there were no items to report. II CONSENT CALENDAR Mr. Covington and Mr. Ripperdan noted 2 portions of the minutes where wording had been left out, thereby making them incomplete. The Commission concurred with staff to correct the minutes of the November 20, 1985 Plann1ng Commission meeting and bring them back at the December 18, 1985 meeting for approval. PUBLIC HEARING - ZONING TEXT AMENDMENT 8-85 Staff report, presented by Mr. Ogdon, indicated that this item was a request to amend Section 28-1300(6)(i) in order to require a Cond1tional Use Permit prior to the 1ssuance of entertainment permits within C-1 and C-2 Zones. Mr. Ogdon indicated that staff researched the history of the current code requirements pertain- ing to entertainment permits and it was staff's recommendation that the Planning Commission adopt Negative Declaration 9-85 and then adopt Resolut10n #1398. Mr. Covington discussed with staff past applications and prior public testimony received in reference to the present Code requirement that limits Conditional Use Permits to Entertainment applications to cafes located within 100 feet of res1dentially zoned properties. -- . Planning Commission Meeting of December 4, 1985 Page 2 Chairman Jessner declares the public hearing open. As no members of the aud1ence spoke in favor of nor in opposition to this item, Chairman Jessner closed the public hearing. Chairman Jessner discussed a possible amortization period for entertainment permits. Mr. Ogdon noted that this had been discussed with the City Attorney who indicated that this could be incorporated into the ordinance. Mr. Jessner questioned the validity of Resolution #1296 as it was uns1gned. Mr. Baucke stated that it was st1ll valid as the Commission had acted on it. Mr. Jessner expressed concern that Resolution #1398 only included wording pertaining to a Cond1tional Use Permit being requ1red in the title of the Resolution. Mr. Baucke suggested that the draft ordinance be included as part of Resolution #1398 as Exhibit A. Mr. Perrin and staff discussed those businesses in Seal Beach who currently have entertainment permits. The Commission discussed and agreed to the fact that it was their understanding under the prior code amendment that all entertainment permits required CUP approval. Mr. Covington suggested continuance of this request so that the proposed ordinance can be re-worded to satisfy the City Attorney's concerns and the concerns discussed tonight. - Mr. Ripperdan moved to continue Zoning Text Amendment 8-85 to the December 18, 1985 Planning Commission meeting. Mr. Covington seconds. AYES: NOES: Covington, Hunt, Jessner, Perrrin, Ripperdan None Motion Carried to Continue PUBLIC HEARING - ZONE CHANGE 1-85 Mr. Baucke presented a staff report for this item, a request to change the zoning designation of the 2.74 acre State Lands parcel, located at the northwest corner of Pacific Coast Hwy. and First Street, from the C-1 (Service Commercial) to S.P.R. (Specific Plan Regulation) Zone. Mr. Baucke briefly outlined the facts relating to the subject property and gave staff's recommendation to adopt Negative Declaration 11-85 and then adopt Resolution #1399. Chairman Jessner declares the public hearing open. . e Planning Commission Meeting of December 4, 1985 Page 3 As no members of the audience spoke in favor of nor in opposition to this item, Chairman Jessner closed the public hearing. Mr. Covington commended staff for their presentation of this Specific Plan issue. Mr. Covington moves to adopt Negative Declaration 11-85 as recommended by staff. Mr. Hunt seconds. AYES: NOES: Covington, Hunt, Jessner, Perrin, Ripperdan None Motion Carried Mr. Ripperdan moves to adopt Resolution #1399, A RESOLUTION OF THE CITY OF SEAL BEACH PLANNING COMMISSION APPROVING ZONE CHANGE 1-85, A REQUEST TO CHANGE THE ZONING DESIGNATION OF THE 2.74 ACRE STATE LANDS PARCEL FROM C-l (SERVICE COMMERCIAL) TO S.P.R. (SPECIFIC PLAN REGULATION) ZONE. Mr. Covington seconds. AYES: NOES: Covington, Hunt, Jessner, Perrin, Ripperdan None Motion Carried - Mr. Baucke indicated to the Commission that plans for a Zone Change on the Hellman Property was scheduled for early January, 1986. PUBLIC HEARING - VARIANCE 11-84 (amended) - 320 Main Street Mr. Baucke presented the staff report pertaining to this request. He indicated that the applicant was requesting to amend cond1t10ns #1 and #7 as per approval of Resolution #134~ as they pertain to the required number of on-site and in-lieu parking spaces related to the development of 320 Main Street. Mr. Baucke outlined the various parking code sections for the benef1t of the Commission. Staff recommended that the Planning Commission amend Resolution #1346, condition #7, as noted in the staff report and in addition, that the Commission consider the 3 options outlined in the staff report. Chairman Jessner declares the public hearing open. Brian Kyle, 240 6th St., co-applicant, made himself available to the Commission for any questions. Mr. Perrin discussed the e . e e Planning CommiSSIon Meeting of December 4. 1985 Page 4 actual square footage with the applicant of the proJect and the original proposal that went before the Coastal Commission. Mr. Kyle indicated that the Coastal CommiSSIon was requiring 7 more parkIng spaces. Mr. Ripperdan and Mr. K9le discussed the leaSing of parkIng spaces at St Anne's Church. 336 10th St. Mr. Kyle noted that they leased 19 of the 65 available spaces and was only restricted to the Sunday services as far as hours. ~r. Ripperdan discussed the walking distance from the parking lot to the restaurant and the alley that would be used. Mr. Kyle stated the lease agreement provided that the employees are required to park in the lot. Mr. Hunt felt this was an excellent parking agreement. Mr. Covington discussed the lease which Mr. Kyle had with the Diocese of Orange and felt a copy should have been pro- vided. Mr. Covington also discussed Mr. Kyle's partiCIpation in an in-lieu parking program when established. Mr. Kyle stated that he had a fInanCial Obligation in maintaining the entire parking lot and that he was prOVidIng actual parking instead of in-lieu. Mr. Hunt and Mr. Kyle discussed the St Anne's parkIng lot being an overflow lot and the removal of Signs there prohibiting parking. Mr. Kyle stated that there would be a Sign on his property noting where the additIonal parkIng was located. ChaIrman Jessner made mention to another application that a few years ago was before the Commission which in approving , it was agreed that a portion of the St Anne's parking lot would be used for additional parking. Mr Jessner aksed the applIcant If he had any agreement or easement with any of the property owners between the applicant's property and the church parkIng lot to allow walkIng access across the property by persons uSing the church parking lot The applicant indicated that he had no agreement with any of the property owners. Chairman Jessner noted the 300' walkIng distance limIt noted in Section 28-2209 of the Parking Code Section; the walking distance proposed tonight was apprOXimately 200' more than this limit Mr. Perrin discussed WIth the applicant the Coastal Commission's parkIng calculations. Mr. Hunt stated that he was impressed with the applicant's presentation in that he was prOViding real parking. l!!~!_H!g~l. 323 Main St.., requested that full packets of infor- matIon be provided to the audIence so they can better understand the issues discussed. He also spoke in regard to the parking problems in Seal Beach and stated he was in favor of this application. Mr. Hagel felt that the in-lIeu parking program should get underway and that some support and assistance should be provided to developers. Chairman Jessner requested that staff gIve a status of the in-lieu parking program. Mr. Baucke indicated there has been a consulting firm hired by the City and is currently preparIng a report of a demand-use analysis on the downtown area. Mr. Hagel stated to staff and the Commission that he and the staff at his firm would be willing to donate their services to resolve the parking problem. e Planning Commiss10n Meeting of December 4, 1985 Page 5 As no other members of the audience spoke in favor of nor in opposition to this item, Chairman Jessner closed the public hearing. Mr. Jessner requested clarification from staff on the 300' limit as specified in Section 28-2209(2)(c). Mr. Baucke noted that there is no definition in the ordinance as to what is meant by the term walking distance. Mr. Covington concurred with Mr. Jessner as to how they would define the term walking distance with the 300' limit and added that Mr. Kyle's parking arrangement cannot be considered permanent. He felt that Mr. Kyle should participate in an in-lieu parking program once established. Mr. Ripperdan concurred with Mr. Covington. Mr. Hunt felt that the Comm1ssion should give consideration to Mr. Kyle's proposal and he not be required to participate in an in-lieu parking program. Mr. Covington moved to amend Resolution #1346, condition #7, as recommended by staff. Mr. Perrin seconds. AYES: NOES: Covington, Hunt, Jessner, Perrin, Ripperdan None Motion Carried e Mr. Covington moves that Option A, Resolution #1346, condition #1, be amended to require participation for 26 in-lieu spaces, be approved. Mr. Ripperdan seconds. AYES: NOES: Covington, Jessner, Perrin, Ripperdan Hunt Motion Carried Mr. Hunt moves that Option B, Resolution #1346, cond1tion #1 not be amended but an additional condition #8 be added which reads "that an agreement which establishes the provision and exclusive use of 19 parking spaces within 300 ft. of the subject property pursuant to Section 28-2209(2)(c) be recorded and such parking be exclus1vely maintained as required parking for such business operating at 320 Main Street, be approved. Mr. Covington seconds. AYES: NOES: None Covington, Hunt, Jessner, Perrin, Ripperdan Motion Denied e e Planning Commission Meeting of December 4, 1985 Page 6 Mr. Hunt moves to approve Option C, Resolution #1346 as the applicant proposes: Condition #1: the number parking spaces be changed to seven (7) spaces and condition noted above also be included, as recommended be amended of in-lieu the eighth by staff. AYES: NOES: Hunt Covington, Jessner, Perrin, Ripperdan Motion Denied Mr. Ripperdan moves to approve amended Negative Declaration 5-84. Mr. Covington seconds. AYES: NOES: Covington, Hunt, Jessner, Perrin, Ripperdan None Motion Carried PUBLIC HEARING - ZONING TEXT AMENDMENT 9-85 e Mr. Baucke presented that contained in a memorandum dated November 27, 1985 outlining this request to amend Section 28-2613 requiring referral-back to the Planning Commission of Zone Changes, Zoning Text Amendments, Unclassified Use Permits and Planned Unit Developments only when substantial modifications have been made by the City Council. Mr. Baucke then made himself available to the Commission for any questions. Mr. Covington asked if staff and the City Attorney concurred with how it would be in determining when a substantial modif1cation was made. Mr. Baucke indicated that staff and the City Attorney were satisfied with how this would be determined. The Commission and staff discussed the current referral-back procedures and what is being proposed in this Zoning Text Amendment. Chairman Jessner declares the public hearing open. As no members of the audience spoke in favor of nor in opposition to this item, Chairman Jessner closed the public hearing. Mr. Ripperdan moves to approve Negative Declaration 10-85. Mr. Hunt seconds. AYES: NOES: Covington, Hunt, Jessner, Perrin, Ripperdan None Motion Carried e e Planning Commission Meeting of December 4, 1985 Page 7 Mr. Ripperdan moves to approve Resolution #1401, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF ZONING TEXT AMENDMENT 9-85, REVISING SECTION 28-2613 OF THE SEAL BEACH MUNICIPAL CODE (MODIFICATIONS TO BE REFERRED TO THE PLANNING COMMISSION), Mr. Hunt seconds. AYES: NOES: Covington, Hunt, Jessner, Perrin, Ripperdan None Motion Carried SCHEDULED MATTERS There was one item scheduled for discussion: a proposed request from the Planning Commission to the City Council for adoption of a moratorium on the issuance of building permits for modular, temporary buildings and trailers pursuant to pending cons1dera- tion of Zoning Text Amendment 11-85 requiring Conditional Use Perm1ts for the establishment of modular, temporary buildings and trailers. e Mr. Covington and Mr. Baucke discussed the review of this proposed Zoning Text Amendment scheduled for the December 18, 1985 meet~ng. Mr. Baucke ind1cated that if the Commission takes action on this item at the December 18, 1985 meeting, it will go before the City Counc1l at the first meeting in January. Mr. Jessner and Mr. Ripperdan discussed the Rockwell International project. Chairman Jessner asked if any members of the audience wished to speak. George Taylor, project engineer for Rockwwell International, spoke in reference to Rockwell's current projects. Mr. Taylor presented copies of plans for a temporary building complex and their development schedule to the Commission for the1r review and stated that they had no obJections to a proposed ord1nance for a CUP process on this issue. Mark Richardt, Supervisor of Industr1al Engineering for Rockwell International, spoke in reference to their satellite program and stated that at this time, they could not justify a permanent facility. Contracts were being bid on now and they are currently under an 18 month lease. Mr. Richardt described the nature of work and the status of their present office space being saturated. An off-site location was not practical at this time due to their contract phase. Mr. Jessner and Mr. Richardt discussed the time frame 1n . .- Planning Commission Meeting of December 4, 1985 Page 8 the awarding of contracts now being bid and the possibility of permanent facilities. Mr. Covington asked if Rockwell would agree to retroactive in-lieu agreements. Mr. Taylor stated that Rockwell was willing to comply with any ordinance adopted. Mr. Hunt and Mr. Taylor discussed the hardship imposed by a moratorium, and Mr. Hunt felt Rockwell should be excluded. The Commission concurred that a moratorium with an escape clause for projects presently in the approval process be proposed to the City Council. Mr. Hunt moved that the Planning Commission concurs that City Council should adopt a moratorium with an escape clause on the issuance of building permits for modular, temporary buildings and trailers for the period of time that ZTA 11-85 is pending, and the appllcant agrees to be subject to the terms of the ordinance subsequently passed. Mr. Ripperdan seconds. AYES: Covington, Hunt, Jessner, Perrin, Ripperdan NOES: None Motion Carried COMMISSION REQUESTS There were no Commission Requests. - ORAL COMMUNICATIONS There were no Oral Communications. COMMISSION COMMUNICATIONS Mr. Perrin asked staff if ZTA 10-85 scheduled for the December 18, 1985 meeting involved the proposed remodel for Zember Construction. Mr. Baucke indicated that it did not, it was a request of the Commission on an issue brought up by Robert Cook. Chairman Jessner suggested that staff consider a zoning code def1nition of the term walking distance referencing Variance 11- 84 as d1scussed tonight. Mr. Ripperdan requested a status of the Hellman Property. Mr. Baucke gave an update and indicated that this property will be before the Commission for a zone change to the S.P.R. Zone at the January 2, 1986 meeting. ADJOURNMENT It was the concensus of the to adjourn the regularly Commission at 10:15 p.m. Commission and so directed by Chair scheduled meeting of the Planning e ~1IvctuJJL ~or ing Secretary