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HomeMy WebLinkAboutPC Min 1986-02-05 _/ ,/ / . e . SEAL BEACH PLANNING COMMISSION AGENDA City Council Chambers 211 E1ghth Street Seal Beach, Cal1forn1a \ i The Seal Beach Pla1llJJ.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 COll/lllJ.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 ~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 lIUcrophone and when recogn~zed by the Cha~rman, speak d~rectly ~nto the lIUcrophone 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 COll/lllJ.ss~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 COll/lllJ.ss~on on matters other than publ~c hear~ngs, the agenda prov~des for that t~me when the Cha~rman asks for cOllllllents 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. ./' FEBRUARY 5, 1986 NEXT RESOLUTION #1413 1. Pledge of Alleg1anCe 2. Roll Call 3. Report from Secretary 4. Consent,Calendar A. M1nutes of December 18, 1985 B. M1nutes of January 2, 1986 C. Plan Rev1ew 1-86 (Cameron) 14091 Electr1C Ave. A request for a ~lnor add1t1on of a second story redwood deck to a non-conform1ng duplex. o Plan Rev1ew 2-86 (Zember/Howard) 241 7th St. A request for a m1nor add1t1on of less than 10% of the allowable floor area to a non-confo~lng slngle fam1ly res1dence. E. Plan Rev1ew 3-86 (Dr. R1bal) 12151 Seal Way A request for a m1nor add1t1on of less than 10% of the allowable floor area to a non-confO~lno duplex. 5. Publ1C Hear1ngS A. Zone Change 1-86 (Hellman) Resolut1on #1408 A request to change the zon1ng des1gnat1on of 225.0 acres of land commonly known as the Hellman Property and the Orange County Flood Control D1str1ct Retent10n Bas1n, located northeast of Pac1f1c Coast H1ghway, west of Seal Beach Boulevard, and south of Westm1nster Ave., from the General Commerc1al (C-2), Low Density Res1dent1al (R-1), Publ1C Land Use (PLU), and 01l-Extract1on (O-E) Zones, to the newly adopted Spec1f1c Plan Regulat10n (S.P.R.) Zone Env1ronmental Rev1ew. Negat1ve Declarat10n 1-86 has been prepared 1n lleu of an EnV1ronmental Impact Report Appl1cant C1ty of Seal Beach Property Owners Hellman Estate and Orange County Flood Control D1str1ct ....' // , , e e -- _/ AGENDA Page 2 \ \ B. Condltlona1 Use Permlt 2-86 Reso1utlon #1409 99 Marina Drive (Chevron. USA. Inc.) A request to expand an eXlstlng 011 fl1tratlon/ extractlon facl11ty WhlCh lS located wlthln an 011 Extractlon (O-E) Zone. The new eUlpment to be 1 nstall ed 1 nc1 udes several'- 24 foot hi qh tanks. 16 foot hlgh tanks. several pumps and other 011 extractlon faclllty equlpment. Code Sectlons 28-1600. 28-1601. 28-2503 EnVlronmenta1 Revlew The proJect lS categorlca11~ exempt from Envlronmenta1 [Ca11fornla LCa11fornla Government Code 15301(d)]. ReVlew Sectlon App11cant Chevron. USA. Inc. Property Owner. Exxon Corporatlon/Texaco. Inc. C. Varlance 1-86 Reso1utlon #1410 1500 P.C.H. (Kyle - Schuvel11er) A request to' 1 ) ~~ make structural lmprovements to a non- conformlng bUl1dlng. provlde less than the requlred parklng. allow less than the requlred 1andscaplng. allow the constructlon of a new addltlon to be located w,th,n a requlred slde yard set- back. Code Sectlons 28-1402. 28-2311. 28-1403. 28.2500 EnVlronmenta1 Revlew ThlS proJect lS categorlca11y exempt from Envlronmenta1 Revlew [Ca11fornla Government Code Sectlon 15301(e)]. App11cant Tom Schuvel11er/Brlan Kyle D. Zonlng Text Amendment - ZTA 11-85 Res. #1404 A request to amend the Seal Beach MunlClpa1 Code In order to requlre the lssuance of a Condltlona1 Use Permlt prlor to permlttlng the use of Temporary BU11dlngs. Tral1ers. and Modular Unlts w,th,n the Clty. Envlronmenta1 Revlew Negatlve Dec1aratlon 13-85 has been prepared In 1,eu of an EnVlron- mental Impact Report App11cant: Clty of Seal Beach E. Zonlng Text Amendment - ZTA-8-85 Res. #1407 A request to amend Sectlon 28-1300(6)(1) In order to reqUlre a Condltlona1 Use Permlt prlor to the lssuance of entertalnment permlts wlth,n C-l and C-2 Zones EnVlronmenta1 Revlew Negatlve Dec1aratlon 9-85 has been prepared In-11eu of an EnVlron- mental Impact Report. 6. Scheduled Matters A. Use Determlnatlon Request-Walter Babcock. 205 Maln Street B. P1annlng Commlsslon Determlnatlon. Great Western Savlngs Slgnage. 7 Commlsslon Requests .. _/ , / / \ . AGENDA Page a 8. Oral Commun1cat10ns from the Aud1ence 9. Comm1ss10n Commun1cat10ns 10. Adjournment Agenda Forecast: FEBRUARY 19. 1986 20n1ng Text Amendment 1-86 T1tles for R-1. R-2 and R-3 to RL. RM and RH. Variance 2-86 Mansour Cond1t10nal Use Perm1t 3-86 & 4-86 321 Seal Beach Blvd. Plan Rev1ew 4-86 McMullen 216 6th Street - M1nor he1ght dev1at1on Plan Rev1ew 5-86 209 Ocean Avenue Zember/Romans Inter10r Remodel Seal Beach Blvd. Master Improvement (Study Sesslon) MARCH 5. 1986 e Varunce 3-86 Plan Rev1ew 6-86 Watson 350 Ocean Avenue Cond1t1onal Use Perm1t 19-85 Cleary Tentat1ve Parcel Map 85-1002 e - e e PLANNING COMMISSION MEETING OF FEBRUARY 5 1986 The Seal Beach Planning CommIssion met In ~!gy!!~ sesSIon at 7.30 p m with ChaIrman Jessner calling the meetIng to order CommIssioner Ripperdan led the Salute to the Flag. RQ~~_~A~L Present. Chairman Jessner CommIssioners Covington. Hunt. Perrin. Ripperdan Absent None Also Present John M Baucke Director of Development Services Dana Ogdon AdmInIstrative AIde RgfQRI_rRQM_~g~RgIARX Mr Baucke CommissIon Secretary, indIcated that there was one item to report A request for contInuance of VarIance 1-86 a request which was made by the applIcant to be continued to the next meeting so to enable him to elImInate a number of the varIances that they were proposing after a dIScussIon wIth city staff. Mr. Covington moved to continue Variance 1-86 to the February 19, 1986 Planning CommIssIon meetIng. Mr Ripperdan seconds AYES. NOES. CovIngton. Hunt None Jessner. PerrIn RIpperdan MotIon Carried ~QN~gNI_~A~gNQAR There were 5 items on the consent calendar for the CommissIon's consideration Al Minutes of the December 18 1985 Planning CommissIon meetIng BI Minutes of the January 2 1986 Planning CommissIon meetIng CI Plan Review 1-86 DI Plan ReVIew 2-86. El Plan Review 3-86 Mr Baucke IndIcated that staff recommends the 3 Plan Reviews be approved with the conditIons noted In the staff reports Mr Covington moves to calendar as recommended approve the 5 items Mr. PerrIn seconds. on the consent AYES. NOES: CovIngton None Hunt. Jessner. PerrIn, Ripperdan Motion CarrIed e e e Planning Commission Meeting of February 5 1986 Page 2 fY~~!Q_H~Ag!N~_=_!QN~_QHAN~~_!=~~__=__H~!!m~~ Mr Baucke presented the staff report for thIS item gIving a brIef background of this zone change which was continued from the January 2 1986 Planning Commission meeting. Mr. Baucke indicated that this was a request to change the zoning designatIon of 225 acres of land commonly known as the Hellman Property and the Orange County Flood Control DistrIct RetentIon BasIn located northeast of PacifIc Coast Highway, west of Seal Beach Boulevard and south of Westminister Avenue from the General Commercial tC-2) Low Density Residential (R-11. PublIC Land Use (PLU) and Oil Extraction (a-E) Zones. to the newly adopted Specific Plan RegulatIon (S P,R) Zone Staff recommended that Zone Change 1-86 be approved Mr Baucke then gave a brief hIstory of the S,P R zone for the benefit of the CommissIon and the audIence and made himself avaIlable for any questions Chairman Jessner declares the public hearing open. IQ~~__~~nQh~!, 105 Coastline Drive. asked staff for a better understanding of what the S P R. Zone is in reference to the possibIlitIes of what may be developed on this property Mr Jessner indIcated that no specific development was beIng proposed at this time, Mr Jessner clarIfIed for Mr. Sanchez some of the issues and concerns he had In regard to this zone change l~m~! ~QQgm~n, 1405 Crestview Ave.. questioned staff regarding the Xegative Declaration portion of the staff report lQ~~~~_Q~~Q 7060 Island Village Dr., spoke In reference to Gum Grove Park and the development of the Hellman Property Y!Q__f!l~~!Q~ 935 Catalina. felt that cItizens may possIbly be loosing control of the Hellman oil operatIons ~r Peterson recommended that the zone change be denIed and the Planning CommIssion look Into limIting growth of large developments to 1% of the eXIsting housing within the City such as other cities to lImIt impact. He stated that he had put his view into a letter for the Commission Secretary As no other members opposItion to this hearing of the audience spoke item. ChaIrman Jessner In favor closed of nor in the publIC ~r Hunt noted that he Intended to vote in favor of this item but requested that staff not be over idealistIc in creatIng the S,P,R Zone and that the plan be very consIderate of the existing tax payers and economICS of a project, Chairman Jessner questioned staff that with the new boundaries proposed can the development be segmented or does the ~ PlannIng CommissIon MeetIng of February 5 1986 Page 3 entIre development have to be addressed in a SpecIfic Plan. Mr Baucke IndIcated that as a master development plan, the entire 225 acres would be included Then. it would be broken down to feasible stages of development. Chairman Jessner and Mr. Baucke dIscussed the SpecIfic Plan for the State Land's Parcel Mr. CovIngton dIscussed the benefits of a "single plan concept" for this property Mr PerrIn moves to approve Negative Declaration 1-86 Mr. CovIngton seconds AYES: NOES: CovIngton None Hunt, Jessner, Perrin, Ripperdan Motion Carried - Mr. Ripperdan moves to adopt Resolution #1408, A RESOLUTION OF THE CITY OF SEAL BEACH PLANNING COMMISSION APPROVING AND RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONE CHANGE 1-86 A REQUEST TO CHANGE THE ZONING DESIGNATION OF 225 ACRES OF THE HELLMAN AND ORANGE COUNTY FLOOD CONTROL PROPERTIES FROM C-2 (GENERAL COMMERCIAL', R-1 tLOW DENSITY RESIDENTIAL), O-E tOIL EXTRACTION) AND PLU (PUBLIC LAND USE) ZONES TO S P.R. (SPECIFIC PLAN REGULATION' ZONE. Mr Perrin seconds AYES NOES' CovIngton, Hunt None Jessner. Perrin, Ripperdan MotIon Carried ~QNR!I!QNA~_Y~!_f!RM!I_!=!!__=__~h~Y~~n~_Y~A~_!n~ Mr Baucke presented the staff report for this Item IndIcatIng that it was a request to expand an eXIsting oil fIltration! extraction facIlity located withIn an Oil Extraction to-E) Zone The new equIpment to be Installed includes several 24 foot high tanks. 16 foot high tanks, several pumps and other oil extraction facility equipment Mr Baucke outlIned the facts noted in the staff report Indicating that the property is currently zoned and used for oil extractIon/production except for the southwestern portIons of the property used as a community park. Presently, the property is legal non-conforming due to the absence of the required 10% landscapIng. Mr. Baucke then outlIned, for the benefit of the Commission, a comparIson chart of what is existing and what is being proposed. Staff requested that the Planning CommissIon contInue CUP 2-86 until such tIme that the applIcant submIts a detailed landscape plan for staff review and then subsequent Planning CommIssion review and approval. Staff also requested that the Planning CommisIson give the applicant direction as to what the submItted landscape plan should Include to mitigate potentIal impacts from the upgraded facilIty. Staff e tit PlannIng CommIssIon MeetIng of February 5 1986 Page 4 e e noted that the landscape plan would be brought before the CommISSIon once submItted by the applicant with a recommendation based upon the plan's compliance w1th the CommissIon's d1rect1on. Mr Perrin questioned staff in regard to a current decimal reading and any tOX1C sp1lls at this site Mr Baucke indicated that there IS not a current reading and there was no record of any toxic spills Mr. Covington discussed with staff the increased actIvity that will occur wIth the addItional equipment Chairman Jessner declares the public hearing open l2hB_Q2~!!Bg. landman for Chevron. USA, explained that Chevron was react1vat1ng the facil1ty. and gave a br1ef history of what had been accomplished thus far In Increasing the effIciency of the exist1ng plant J!~__~~Y~. eng1neer for Chevron USA. discussed the proposed proJect with the Commission explaIn1ng the design for the new platform and on-shore facilItIes He then presented a plot plan to the Commission showing what is existing and what is being proposed Mr. Lavy then discussed the landscape plan proposed by Chevron and made himself and all representat1ves from Chevron ava1lable for questions Mr. Perrin dIscussed WIth the applicant the existing fire protection systems at this slte. Mr Cov1ngton discussed with Mr. Dawling n01se control and the matter of publ1C safety and welfare and what measures were be1ng taken on this matter Mr. Hunt asked the applicant if Chevron had done any quantitatIve measurements so that they could provide the Commission with some idea of the existIng and proposed noise levels. The applicant indicated that 1nformation from the equ1pment's manufacturer is obtained fIrst and then Chevron does the acoustical engInnering to determine what the final level of n01se 1S Chevron is in the process of gettIng this information and an outside fIrm WIll be utilized Mr. Jessner requested that the applIcant explain the current operation at the plant. ft~!~h__M~~2. Chevron, USA once agaIn explained that th1S proposal was simply a replacement of the existIng facilIties up until March, 1983. Mr. Hunt felt that Chevron had not done a good job of assuring the residents that their comfort will not be affected. Mr. Perrin requested from staff that when this item 1S brought back before the Commission WIth a landscape plan. imput from the FIre Department will be included as well Mr Jessner expressed concern 1n regard to the maintenance of the sIte and noted that Chevron had been before the Commission 4 years prior agreeIng to clean up the sIte as a condItion of approval for their request for a temporary offIce at the slte To date. the sIte has not been mainta1ned ft~~~~~~ l~B~! 305 Spinnaker Way a Riverbeach. associatIon member. spoke e e - Planning Commission Meeting of February 5. 1986 Page 5 on the behalf of other Riverbeach homeowners to express concern about Chevron's proposal They were concerned with the nOIse level the odors from the site and the current landscaping. Mik~__Q!!~I, 327 Spinnaker Way. a member of the Riverbeach Homeowner's Association, indicated that the association would want a full Environmental Impact Report that wIll address all issues. Mr. Baucke indicated that the CIty Attorney has determined that Chevron, USA is not exempt from the CUP process Mr. Covington suggested that a possible request from the CommiSSIon for contInuance could be that staff work wIth the applicant to determIne who the thIrd party objective experts would be that would provide an evaluation of what is proposed and a report satisfying the concerns of the homeowners the CIty, the CommIsSIon and eventually If appealed to the CIty Council R~~~~~!_l~~k~ Indicated that a petitIon had been signed by the Riverbeach homeowners and presented it to the Commission The residents are opposed to any expanSIon. Q!Yig_~Y112~, 245 Clipper Way, spoke in reference to concerns he had about the Chevron site in regard to police problems He was also concerned about the landscape and nOIse control and stated that he felt the plan should not be approved. g!~~_H!tg~, 217 Corsair Way, spoke in reference to the problems the resIdents had with Chevron paInting their equipment and the damage it caused by the wind blowIng the paInt onto theIr homes and vehicles She also expressed concern over the noise problems. ~1~Y~_Q!Yig~2~ 316 SpInnaker Way, was concerned WIth a 24 hour operation and the increased actiVIty through reactivatIng the faCIlity. ~h~!g2~ A~h~~ 315 Spinnaker Way felt it was important that the CommISSIon be aware of the discussion that had taken place at the Riverbeach Homeowner's AssociatIon in reference to this proJect. The association would greatly appreCIate an EIR Mik~_K~!t~ expressed concern over hazardous materials and felt that thIS Issue must be addressed by the City ~~11~__Q~t~Y2~, 324 SpInnaker Way. expressed concerns over the lIghting at the plant and how a 24 hour operation may be very disturbIng at night to the surroundIng homeowners l~fft~~_fY1!!, 305 Spinnaker Way expressed hIS concerns about the health conditions and problems that may arise from liVing near thIS site and was concerned about not being notified of this proposed request The applIcant indIcated that Chevron would do theIr best to come back before the Commission with an acceptable proposal Representatives from Chevron indicated that the information they had received from CIty Staff a few years ago was that their proposal fell under the eXIsting zoning provisions and would not require a CUP. Mr Covington requested that the applicant provide the Commission WIth an apprOXImate date of when Chevron had discussed thIS matter and with who withIn the City they had this understanding The applIcant IndIcated he would prOVIde this Information to the CommIssion. tit Planning Commission MeetIng of February 5 1986 Page 6 e ~r Covington moved to continue the publIC hearing for CUP 2-86 to a future date to be determined by the applicant and the City which would reqUIre renotIfIcatIon Staff IS dIrected to provIde the City Attorney wIth the mInutes of thIS public hearIng as an addItIonal source of questions and concerns for the CIty Attorney to give an opInIon on Staff may pOSSIbly engage approprIate experts to evaluate the revIsed or supplemented applicatIon materIals from Chevron with the cost to be born by Chevron Mr RIpperdan seconds Mr Ripperdan and Mr COVIngton discussed the tIme frame In WhIch to contInue thIS public hearing Mr. Baucke suggested that thIS Item be held as an open-ended matter pending renotlflcation so to allow an adequate amount of tIme for both staff and the applIcant Mr Hunt felt that when this application came back before the CommissIon. a deCIsion should be made based on Information receIved by Chevron and that a thIrd party consultant not be Included Mr COVIngton felt that the CIty Attorney could determIne by revieWIng the mInutes of thIS meetIng and the extenSIve public testimony whether or not an EIR would be required lQ~__R!~!l 1215 Seal Way. felt that the CommIssion should reqUIre an EIR The Commislson concluded that the City Attorney would have to review thIS matter before any further actIon is taken In reqUIrIng an EIR Mr Baucke stated to the audIence that staff would lIke to have the names of all reSIdents who were not notIfIed for thIS Item so that they WIll be Included in the renotlfIcatIon for the next publIC hearIng AYES: ~OES. COVIngton, Jessner. PerrIn, RIpperdan Hunt ~otIon CarrIed to ContInue fY~~lg_HgARI~~_=_!Q~I~~_IgXI_AMg~QMg~I_ll=~~ Staff report presented by Mr Ogdon AdminIstratIve AIde. Indicated that thIS Item was a request to amend the Seal Beach ~unIcipal Code in order to require the Issuance of a CUP prIor to permItting the use of temporary buildIngs, traIlers and modular unIts WIthIn the CIty ThIS Item was before the CommISSIon on December 4, 1985 at which tIme the CommIssion directed staff to draft an ordInance establIshing conditIons and stIpulations for the temporary structures. After pollIng several CItIes. staff drafted 2 ordInances gIVIng 2 distInct approaches as noted in the staff report Staff requested that the PlannIng CommiSSIon determIne WhICh it felt was the best pOSSIble monitorIng authority for the ImplementatIon of these code restrictIons. ChaIrman Jessner declares the public hearing open - - Planning CommIssIon MeetIng of February 5 1986 Page 7 As no members of OpposItIon to thIS hearIng the audIence spoke eIther item, ChaIrman Jessner in favor of nor in closed the publIC . ChaIrman Jessner suggested that the followIng be re-worded in the proposed ordInance. "SectIon 4(c) 1 ~~n~r~!_fr2!!!A2n! ~pproval shall be limited to a maXImum of one year However upon request by the applIcant, an extensIon may be granted by the Director, only If eVIdence IS provIded that extraordinary circumstances eXIst" The CommissIon and staff dIscussed the time frame In relatIon to thIS item through the CUP process as the one alternatIve noted In the staff report Mr Baucke stated that the questIon before them was whether or not the CommIssion felt that publIC Imput was requIred for thIS partIcular issue Chairman Jessner dIscussed the possIbilIty of placIng this Item on the consent calendar Mr Hunt felt that the DIrector of Development Services should be gIven the sole authorIty to make a decisIon on this matter without gOIng before the Planning CommIssion Mr Hunt felt that the PlannIng Commission should vote tonight on one of staff's proposed alternatIves and prImarily It would be that the DIrector of Development ServIces be responsible for approvIng the use of these structures Mr PerrIn moves to adopt NegatIve Declaration 13-85 Mr RIpperdan seconds AYES NOES CovIngton, Hunt None Jessner, PerrIn RIpperdan MotIon Carried Mr Perrin moved to approve Zoning Text Amendment 11-85 by the adoptIon of ResolutIon #1404, A RESOLUTION OF THE CITY OF SEAL BEACH PLANXING COMMISSION APPROVING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF ZONING TEXT AMENDMENT 11-85 ESTABLISHIXG CONDITIONS AND REQUIREMENTS PERTAINING TO THE USE OF TEMPORARY BUILDINGS WITHIN THE CITY wIth the following condItIons 1) That under approval and permits required that it wIll enable the constructIon of modular unIts, temporary bUIldIngs and trailers by the Planning CommIsSIon through the Plan RevIew process, and that in each sectIon of the ordInance where CUP is referenced, It WIll be amended to Plan RevIew 21 That the recommended re-wording of Section 4(c)(1) by ChaIrman Jessner be Included as follows 1 "~~n~r~!_fr2!!!!2n! Approval shall be lImIted to a maximum of one year However upon request by the applIcant, an extensIon may be granted by the DIrector, only If eVIdence IS provIded that extraordInary circumstances eXIsts " Mr Covington seconds e AYES. NOES CovIngton Hunt None Jessner, PerrIn Ripperdan MotIon CarrIed e PlannIng CommIssion MeetIng of February 5 1986 Page 8 ~g~~!~_ffgAR!NQ_=_!QNINQ_IgKI_A~g~Q~gNI_~=~~ Staff report, presented by Mr Ogdon. IndIcated that this item was a request to amend SectIon 28-1300(6)(1) in order to require a CondItIonal Use PermIt prIor to the issuance of entertaInment permIts wIthIn C-1 and C-2 Zones Mr. Ogdon noted that thIS Item had previously been before the CommISSIon at the December 4, 1985 and December 18, 1985 PlannIng CommIssIon meetIngs The Planning CommIssion voted to continue ZTA 8-85 untIl such tIme that the CIty Attorney could draft wording to the ordInance WhICh would establish an amortizatIon period for entertaInment permIts which were previously Issued to entertainment cafes withIn the CIty Staff noted that the City Attorney had provIded the requIred wordIng change to the satIsfaction of staff and the revised ordInance was Included In the staff report for the CommIssion's consIderation It was staff's recommendation that the Planning CommIssion adopt NegatIve DeclaratIon 9-85 and then adopt Resolution #1398 Mr Ogdon then made hImself avaIlable to the CommISSIon for any questIons Mr PerrIn felt that the InclusIon of a 2 year amortization perIod was too long ~r. Ogdon IndIcated that the City Attorney felt that a 1 year perIod was too short and that a 2 year perIod would be more approprIate. e ChaIrman Jessner declares the publIC hearIng open ~~~!~_Q!!! owner of Senior Corky's, 909 Ocean Ave. spoke In reference to the amortIzatIon perIod In relatIon to the entertainment provIded In hIS restaurant business Mr. Gill requested a clarifIcation from the CommIssIon detaIlIng the conditions of an establIshed amortIzation period. It was explained that the absence of a CUP requIrement for entertaInment permits was an oversIght, and thIS requIrement IS an attempt to correct the sItuatIon ~r GIll then discussed wIth the Commission the CUP requIrement In relatIon to this busIness As no other members opposItion to thIs hearIng of the Item, audience spoke in favor of nor In ChaIrman Jessner closed the publIC ~r Rlpperdan moves to approve NegatIve DeclaratIon 9-85 Mr Covington seconds AYES NOES Covington, Hunt Jessner None Perrin. Rlpperdan MotIon CarrIed Mr Rlpperdan moves to approve ZonIng Text Amendment 8-85 by the adoption of ResolutIon #1407 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING AND RECOMMENDING TO THE CITY e ~ Planning CommISSIon Meeting of February 5 1986 Page 9 COUNCIL ADOPTION OF ZONING TEXT AMENDMENT 8-85 REQUIRING A CONDITIONAL USE PERMIT PRIOR TO THE ISSUANCE OF ENTERTAINMENT PER~ITS WITHIN C-l AND C-2 ZONES Mr. Covington seconds. AYES ~OES' Covington. Hunt None Jessner. Perrin. Ripperdan Motion Carried e ~gfigQy&gQ_MAIIgR~ Mr Baucke indIcated that there were 2 scheduled matter items. The first Item was a Use Determination Request by Walter Babcock. 205 Main Street Staff IndIcated that the issue here was for the determinatIon of an unclassified pastry/bakery shop located adjacent to the existing restaurant and whether or not the PlannIng Commission determined that this application would apply under the particular code section for restaurant use It was Mr. Covington's opinIon that this particular request should be considered a part of the restaurant use under the code as long as there were no factor involved In the productIon that would be different or unIque in regard to public health, safety and welfare The Commission. staff. and the applIcant discussed the seating area and the implementation of a bakery shop. It was determIned by the Commission that a sIte plan would be required and that a Use Determination would be made by the Planning Commission once the applicatIon and related material were presented The second scheduled matter item was a Planning Commission DetermInation in reference to Great Western Savings signage. Mr. Baucke presented the CommissIon with a picture of a sign which Involves a code enforcement question In regard to roof signs. Mr. Baucke outlIned that particular code sectIon indIcating that the code did not provide a definition of roof sIgns, leavIng thIS determination up to the Planning CommIssion. Mr Baucke also noted that the eXIsting sign was not in complIance due to the square footage. Mr Baucke requested that staff be given a formal action by the Commission determinIng whether thIS sign IS a roof sign so to enable staff to proceed with code enforcement Mr. RIpperdan felt that the sign was definitely a portion of the roof. Mr Ripperdan moves to concur with staff that the Great Western Savings sign is a roof sign Mr. PerrIn seconds Mr. Hunt indIcated that he would abstain from votIng on this item. Mr. Ripperdan indicated that the sIgn itself was very tastefully done. - . e - Planning Commission Meeting of February 5. 1986 Page 10 AYES. NOES' ABSTENTION CovIngton. Jessner. Perrin. Ripperdan None Hunt Motion Carried QBA~_gQMMYN!gAI!QN~ There were no Oral CommunicatIons gQMM!~~!QN_gQMMYN!QAI!QN~ ~r Perrin questioned staff in regard to Tom's Corner Cafe and the parkIng lot being chain-linked off. Mr. Baucke indicated that the lot was being used as a Christmas Tree lot and staff was currently involved in a code enforcement issue over this matter with the owners of the cafe. Chairman Jessner requested that Mr. Baucke discuss with the Commission the meeting staff had wIth the management company of Safeway Center and provIde an update since that meeting Mr Baucke indicated that a meeting was held wIth the owner of Seal Beach Center regarding their sign program issue after the Planning CommIssion's denial wIthout prejudice of their applicatIon Staff discussed with the owner what optIons the Center had in comIng into conformance Staff provided the owner with a full outlIne list of all required items in an adequate planned sign program. A representative from Luminart. a major sign company. has been contracted by the Center and staff is currently awaiting a prelIminary SIgn submittal from Luminart for review Mr. Baucke noted that legal action has been continued to April. 1986. ChaIrman Jessner requested a status of the back warrants for the Commissioners. Mr Baucke indicated that the warrants would be before the City Council at the next meeting for approval AnJQYBNMINI It was the concensus of the Commission and so dIrected by Chair to adjourn the regularly scheduled meeting of the Planning Commission at 12'00 a.m -------------------------------------- RecordIng Secretary