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HomeMy WebLinkAboutPC Min 1987-02-18 t . SEAL BEACH PLANNING CO~lJSSJON AGENDA Clty Countll Chambers 211 Eighth Street Seal Beach. California . 2'he Seal Beach I'lanrUng COIfIIDi...ion _ets :in .e.don ever/l EJr.t and third flednesda/l 01 each "",nth at 7:30 p.m. IE /IOu lIish to address ~e CO/llllission on any JNlrticular public hearing item, the Chairman lIill call Eor pubHc te.sti/llOn/l lirst lor ~ose .in lavor oE the project, and .econd, lor those IIho are not in Eavor. flhen /IOU .lee that ~e .Ipealeer'.I posiUon .in ~e center 01 the .room i. unoccupied, .tep up to the microphone and ...hen recognized bll the Chairman, .Ipeale d,irectlll .into the microphone by Eir.t .taUng /lour lIIlIIIe and address clearly and di.Unctlll lor ~e records. Sute 1I0ur busine.ss as clearly .nd .uccinctJlI ..1 pos.sible and then lIait a IIIOIIIent to .lee .il the Commissioners have anll question. In refJard to 1I0ur ~nt. or que.tions. ZI ~ere are no other quesUon. or COIIIIIent.I, return to /lour .eat .0 that ~e nezt per.son mall .ddress ~e COIIIIIIi.slon. . ZE /Iou IIj/lh to .ddre.. the Commi.sion on matters other than pubHc hearjngs, the agenda provide. Eor that time IIhen the Chairl/llln .sles Eor comment. Erom the publ,ic. Address the Commi.sion .tn the .lame manner .. stated Eor public hearing.s, alllalls statlng /lour name and addre.. Elr.t. PLANNING COMMISSION AGENDA February 18, 1987 Next Resolution 11451 2. pledge of Allegiance Roll Call 1. 4. Consent Calendar A. Minutes of January 21, 1987 Public Hear i ngs A. Zoning Text Amendment 1-87 (Continued from February 4, 1987) ~ Ch t. 28 of the Municipal Code to A request to ameny ap e. provide for the incremental upgrading of landscaping in nonconforming retail c~nters. Code Sections: 28-2418, 28-2611, 28-2611 3. . Environmental been prepared Report. Applicant: City of Seal Beach Review: in lieu Negative Declaration 1-87 has of an Environmental Impact B. Conditional Use Permit 19-86 919 Ocean Avenue (Continued from February 4, 1987) A request to amend Conditional permit the reestablishment of restaurant at 919 Ocean Avenue. Code Sections: 28-1311, 28-2513, 28-2514 Use Permit 8-86 to a walk-up/take-out Environmental Review: This project is categorically exempt from CEQA review (Section 15311, California Administrative code). Owner: Mark W. Corky Gill Linda Farah and Lee Maxwell Applicant: s. Scheduled Matters A zoning Text Amendment to Allow Development Agreements . (Planning Commission to initiate) . . ," . . ~" . . Planning Commission Agenda February 18, 1987 Page 2 6. Oral Communications from the Audience At this time, members of the public may address the Commission regarding any item within the subject matter of the Commission provided that no action may be taken on off- agenda items unless authorized by law. 7. Staff Concerns 8. Commission Concerns 9. Adjournment Agenda Forecast: Harch 4 1987: - ZC 1-&7, ZC 2-87 GPA 1-87, GPA 2-87 Zoeter School - ZC 3-87 GPA 3-87 SW Corner of 8th Street and Ocean Ave. - variance 1-87 229 Fourth Street March 18, 1987: -Conditional Us~ Permit 1-87 Seal Beach Inn -Var lance 2-87 222 Hain Street ," . PLANNING COMMISSION MEETING OF FEBRUARY 18, 1987 The Seal Beach Planning Commission met in regular session on Wednesday, February 18, 1987 at 7:35 p.m. Commissioner Suggs lead the Salute to the Flag. ROLL CALL Present: Chairman Jessner Commissioners Sharp, Suggs Commissioner Covington arrives 7:37 p.m. Commissioner Perrin Absent: Also Present: Edward Knight, Director of Development Services Pamela Walker, Administrative Aide CONSENT CALENDAR A. Minutes of January 21, 1987 Commissioner Sharp moved to approve the mi~utes of Planning Commission regular meeting of January 21, 1987 as presented; Commissioner Suggs seconds. AYES: NOES: Absent: Jessner, Sharp, Suggs None Commissioners Covington, Perrin Motion Carried . For public hearings, staff recommended that the second public hearing be considered first. The Commission concurred with the request. . PUBLIC HEARING - B. CONDITIONAL USE PERMIT 19-86 - 909 OCEAN AVENUE - M. CORKY GILL Ms. Walker stated this request to reestablish a wa1k-up/take-out restaurant at 909 Ocean Avenue was continued from the February 4th public hearing. As a result of that hearing, the Commission directed staff to review specific issues with Mr. Gill and reach a mutual understanding. Ms. Walker reported the four concerns of the Commission dealt with parking, the existing metal siding, the proposed storage area and the CUP for beer and wine. Staff's recommendation on the parking issue was to maximize the parking on the site, providing seven standard spaces. It was pointed out that although the rate for sit-down restaurants dictates 18 spaces for this size establishment, the fact that it will be used for wa1k-up/take-out food should justify the seven spaces. Staff also recommended the parking area be fully paved prior to the issuance of a Certificate of Occupancy. Staff also recommended that the existing 2-car garage be maintained and used exclusively for parking with windows installed to allow for visual inspection. The second issue was the siding with staff recommending that the applicant paint the siding an off-white or beige color prior to occupancy. Within 3 years, however, staff is requesting the applicant to remove the siding and replace it with a stucco or wood-type surface. The third issue, dining area, staff recommended it be im~roved in accordance with its . proposed storage use. The fourth area of concern was the status of the conditional use permit for beer and wine. The applicant has stated he does not propose to sell beer and wine and although the permit runs with the land, the City Attorney feels a stipulation can be made that no alcohol shall be sold in conjunction with the walk-up/take-out use, as the original permit was applicable to sit-down dining. Ms. Walker further indicated staff recommended approval of CUP 19-86 subject to the 11 conditions noted in the staff report of February 18, 1987. . It was suggested by a Commission member that rather than extend the lease indefinitely, the ending date of Mr. Gill's lease agreement be used which was February 28, 1990. The Director concurred as the corrugated metal siding condition would have the same deadline. With regard to the windows in the garage, Mr. Knight indicated the condition could be an "either/or" situation, i.e., replace the boarded window or place window in the garage door so as to allow visual inspection. With regard to the metal siding paint, Mr. Knight explained that the applicant must provide samples of the type of paint prior to issuing permit. Chairman Jessner declared the public hearing open. Mr. Corky Gill, applicant for 909 Ocean Avenue, reported he concurred with the conditions as negotiated with the Planning staff. Mr. Gill did request that the Commission consider postponing the paving requirement until he built up a sufficient cash flow to cover the $12,000 to $17,000 repaving cost. Upon further questioning by the Commissioners, Mr. Gill requested that he be allowed to clean up the site, remove the lumber debris and the gravel itself and then place an oil spray to reduce dust impact of the area. Gill felt that within a 1 year - 1-1/2 year period, his funds should be sufficient to consider paving the parking area. With that spirit in mind, Covington suggested that the permanent parking be completed on or before December 31, 1987. Commissioner Sharp reminded the applicant that the Commission had made many compromises from the conditions originally requested by staff at the first public hearing on this matter. Further discussion of the conditions by the Commission brought out the following facts: Gill will continue to place trash containers in the front of the take-out window, that the garage will be used for employee parking only - garage to be locked and windows in place to allow for visual inspection. . As no others spoke in favor nor in opposition to this matter, Chairman Jessner declared the public hearing closed on CUP 19-86. After discussion by staff and Commissioners, it was suggested that condition #1 be amended to read :The parking area shall be cleared of debris, kept in a weed-free, dust-free condition and fully paved by December 31, 1987 with portland cement concrete or asphaltic concrete prior to the issuance of a Certificate of Occupancy. (The applicant will operate under a temporary Certificate of Occupancy prior to December 31, 1987.) As several amendments to the conditions were to be considered, the 2 Commission opted to vote for each condition separately. Commissioner Sharp moved to approve conditions #1 as amended and condition #3 as presented; Covington seconds. Chairman Jessner pointed out that many persons spoke against the operation of Corky's during his first conditional use permit request, therefore, he had some reservations as to this reapplication. Gill pointed out that the main concern of the neighbors was the entertainment. Gill explained that no entertainment will be requested, no sit-down dining and no beer and wine will be served. A Commission member suggested hours of operation to be 7 a.m. to 11 p.m., seven days a week, to which the applicant agreed. e AYES: NOES: ABSENT: Covington, Sharp, Suggs Jessner Perrin Motion Carried Commissioner Covington moved to approve condition # 4 with modifications as follows: "A landscape and irrigation plan showing the equivalent of 550 sq. ft. of landscaping including two trees, shall be provided, implemented and maintained to the satisfaction of the Department of Development Services; Suggs seconds. e. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried Covington amends #7 of the conditions to state: "The corrugated metal siding on the building's exterior and garage structure shall be painted an off-white or beige shade with advance approval of materials prior to the issuance of a Certificate of Occupancy...."; Sharp seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried Covington proposed that condition #11 be approved with the following modification: "The term of this permit shall be to December 31, 1987, after which time the Planning Commission may extend to February 28, 1990 provided that all conditions of approval have been satisfied; Suggs seconds. AYES: NOES: ABSENT: . Covington, Jessner, Sharp, Suggs None Perrin Motion Carried 3 . Commissioner Covington suggests a 12th condition to read as follows "The owner shall place and keep empty at least two covered access trash cans in locations as determined by City staff; Sharp seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried Covington proposes a 13th condition to read as follows: The hours of operation shall be from 7 a.m. to 11 p.m., seven days a week; Sharp seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried Commissioner Sharp moves to approve all other conditions as presented, i.e., condition no's. 5, 6, 8, 9, and 10); Covington seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried . The Director informed the Commission that the resolution for CUP 19-86 will be back on the next consent calendar. . PUBLIC HEARING - A. ZONING TEXT AMENDMENT 1-87 - LANDSCAPING IN NONCONFORMING RETAIL CENTERS Mr. Knight reported this matter had been continued from the February 4, 1987 meeting. It grew out of the Planning Commission having to review four variance applications for expansion in the City's large commercial centers. Both the City Council and the Commission expressed an interest in the establishment of guidelines for upgrading the landscape requirements for these centers. Consequently, the City Council directed staff to review those landscape requirements and to recommend a method to satisfy current zoning regulations. Staff identified the centers that were in excess of 5 acres for this type of incremental upgrading. Current code prevents expansion unless property is fully conforming which would require bringing the entire centers up to landscape requirements (which in Seal Beach is 10% of the total lot). The Director indicated a formula was derived to incrementally bring the centers up to landscaping requirement. The process would have the Centers providing a site plan detailing total lot size, location of structure, total sq. ft. of structure, number of parking spaces and amount of existing landscaping. With that information, the Department of Development Services would determine total landscaping requirement, total number of existing parking spaces and the ratio of the centers total landscape requirement with the number 4 . of parking spaces in the center or the sq. ft. of landscaping surface per parking spaces. As the tenant would improve with expansions, that ratio would be multiplied by the tenant's parking demand based on the Code parking requirement. Mr. Knight explained that after 70% of the center has been developed or remodeled, subsequent applicants shall provide the remainder of the landscaping required at one time. . Chairman Jessner declared the public hearing open on ZTA 1-87. Dorothy Phillips, representing the Rossmoor Center, explained that many of the Centers leases run to the year 2010. She also explained many of the existing leases contain 3 or 4 five-year options for renewal. Ms. Phillips reported that Huntington Beach requires shopping centers to have 8% of net area landscaped (for new centers) and existing centers to have 6% of net area landscaped. She stated Anaheim has no specific requirement, that Los Alamitos has the same requirement as Seal Beach, that Lakewood has 8% of parking area and 4% of overall area landscaped. Long Beach has vague requirements, requesting perimeters of shopping centers to be landscaped. Mr. Craig Bentsen, representing the Leisure World Shopping Center, spoke in opposition to the draft ordinance. Mr. Bentsen explained the shopping center is patronized by Leisur~ World residents who need ample, wide parking spaces for their use rather than creating a hazard with excess landscaping. Chairman Jessner explained that no action must be taken unless an expansion occurs. The Director also explained that tenant improvements are not traditionally considered as structural alterations unless substantial changes occur. Roger Young, owner of the Leisure World Center also expressed his opposition to the draft ordinance. Mr. Young expressed concern that this ordinance will trigger additional costs to the center in the future. As no others spoke in favor nor in opposition to this matter, Chairman Jessner declared the public hearing closed. . Commissioner Covington felt a 10% landscaping requirement for shopping centers was fair and equitable with both the center and the City benefitting by the increased revenues generated. Mr. Knight indicated the City Attorney will be reviewing the draft ordinance to clarify any ambiguities. Commissioner Suggs expressed concern that parking might be sacrificed for landscaping. Mr. Knight agreed with Commissioner Suggs and explained staff would work with the centers to provide landscaping that takes advantage of overhang spaces, between parking rows, etc. so as not to lose any parking spaces. He further explained that the applicants can bring the matter back in a variance procedure should it be determined that spaces would be lost by the 10% landscaping requirement. At that time, staff would work to provide the best possible course for providing enough landscaping while not decreasing parking area. Covington encourages staff and centers to consider satisfying a portion of the landscaping by producing a small open space, park-like area 5 . for customers to rest which would provide a satisfactory compromise approach for all. Covington also encourages staff to provide "as of dates" and to also provide a base line such as December 31, 1986. After some discussion on this matter, Commissioner Covington moved that the public hearing be recessed and continued to the next meeting when staff will provide a draft ordinance taking into account the input received at this hearing; Sharp seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried . SCHEDULED MATTERS - ZONING TEXT AMENDMENTS/DEVELOPMENT AGREEMENTS The Director reported in the State of California, there are two basic ways to ensure vesting of a project - a vesting tentative tract map or the adoption of a development agreement. Seal Beach has a tentative tract map ordinance in place. Developers approve of the development agreement as it ensures that their projects will be constructed as approved by the Planning Commission and City Council. Cities have found the agreements to be of benefit as certain improvements, facilities, dedications or uses can be built ahead of the time when they may be required. Mola Development Corporation, which has submitted a specific plan of the Hellman property, has expressed an interest in using a development agreement. Staff is recommending that the Commission initiate the process and enact procedures to consider the formation of development agreements. After discussion by the Commission on the benefits of a development agreement, Commissioner Sharp moves to direct staff to return with procedures to consider the formation of development agreements, Covington seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried ORAL COMMUNICATIONS There were none at this time. . STAFF CONCERNS Mr. Knight reported City Council had approved Tentative Parcel Map for the Rossmoor Center, along with the roof sign ordinance. He also indicated the Seal Beach Cable Communications Foundation would consider cablecasting the Planning Commission meetings at their February 23rd meeting. It was also reported that the scoping session for the Hellman EIR would be heard February 24 by the EQCB. It was suggested that Group W be requested to place this notification of the EQCB meeting on their local information channel. 6 . COMMISSION CONCERNS There were none at this time. ADJOURN It was the order of the Chair, with the consensus of the Commission, to adjourn the Planning Commission meeting of February 18, 1987 at 10:00 p.m. THESE MINUTES ARE TENTATIVE, SUBJECT TO APPROVAL BY THE PLANNING COMMISSION. According to Knight, Joseph Rullo had been appointed to the Planning Commission by Councilman Grgas and would begin his duties in March. . .