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HomeMy WebLinkAboutPC Min 1987-03-04 . . >> SEAL BEACH PLANNING COMMISSION AGENDA Clty Councll Chambers 211 Eighth Street Seal Beach, California 2'he Seal Beach Planning Comm1ssion meets in session ever!l first and third Nednesda!l of each month at 7:30 p.m. If JIOU wish to address the Commission on an!l perticular public hearing item, the Chairman will call for public testimon!l first for those in favor of the project, IInd second, for those who lire not in fllvor. Nhen !Iou see that the spellker's posi.tion in the center of the room is unoccupied, step up to the microphone IInd when recognized b!l the Chairmlln, speak directl!l into the microphone b!l first stating !lour name IInd address clearl!l and distinctl!l for the records. State !lour business liS clearl!l IInd succinctl!l liS possible IInd then wait a moment to see if the Comm1ssioners have an!l questions in regard to !lour cOllllllents or questions. If there lire no other questions or comments,. return to !lour seat so that the next person ma!l address the COlIIIlI1ssion. If !IOU wish to address the Commission on matters other than public hearings, the agenda provides for that time when the Chairman IIsks for comments from the public. Address the Commission in the same manner as stated for public hearings, IIlwa!lS stating !lour name and IIddress first. PLANNING COMMISSION AGENDA Ma r c h 4, 1987 Next Resolution 11454 1. 2. 3. Pledge of Allegiance Roll Call 4. Consent Calendar A. Resolutlon Number 1448 Conditional Use Permit 19-86 909 Ocean Avenue B. Minutes of February 18, 1987 Public Hearings A. Zoning Text Amendment 1-87 (Continued from February 18, 1987) A request to amend Chapter 28 of the Municipal Code to provide for the incremental upgrading of landscaping in nonconforming retail centers. Code Sections: 28-2408; 28-2600; 28-2601 Environmental Review: been prepared in lieu Report. Applicant: City of Seal Beach Negative Declaration 1-87 has of an Environmental Impact B. Variance 1-87 229 Fourth Street Resolution No. 1449 A request to permit a 25 foot curb cut on Marina Drive to allow access to six enclosed parking spaces. Code Sections: 28-2209; 28-2500; 28-2501; 28-2502 Environmental Review: This project is categorically exempt from CEQA review (California Administrative Code Section 15300). Applicant: Frances Baum Owner: Same C. Zone Changes 1-87 and 2-87 Resolution No. 1450, General Plan Amendments 1.a-87 & 1.b-87 1451 & 1452 Zoeter School A request to amend the General Plan Land Use Diagram and zoning map designation of the northernmost 180 feet of the Zoeter School site from Public School/PLU to General Commercial/C-2; and to amend the General Plan Land Use Diagram and zoning map designations of the southernmost parcel of the Zoeter School site, measuring 25' x 117.5', from Public School/PLU to High Density Residential/RHO. '. . . -. Planning Commission Agenda March 4. 1987 Page 2 C. Zone Changes 1-87 and 2-87 (cont.) ._ General Plan Amendments 1.a-87 & 1.b-87 Zoeter School Code Sections: Seal Beach Municipal Code Sections 28-2600 and 28-2602. Environmental Review: been prepared in lieu Report. Applicant: Los Alamitos Unified School District Negative Declaration 3-87 has of an Environmental Impact Owner: Same D. General Plan Amendment 1.c-87 Southwest Corner of Ocean Avenue and Eighth Street A request to amend the General Plan designation for the property at the southwest corner of Ocean Avenue and Eighth Street from ~ow Density Residential to Parks and Open Space. Resolution No. 1453 Code Sections: 65860. California Government Code Section Environmental Review: Negative been prepared in lieu of an Report. Applicant: City of Seal Beach Owner: Same Declaration 5-87 has Environmental Impact 5. Scheduled Matters 6. Oral Communications from the Audience At thlS tlme. 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: March 18. 1987: -Conditional Use Permit 1-87 Seal Beach Inn -Variance 2-87 222 Main Street ~ . PLANNING COMMISSION MEETING OF MARCH 4, 1987 The Seal Beach Planning Commission met in regular session on Wednesday, March 4, 1987 at 7:35 p.m. Commissioner Suggs led the Salute to the Flag. MLL CA~ Present: Absent: Also Present: Chairman Jessner Commissioners Sharp, Suggs Commissioner Covington arrived approximately 7:55 p.m. Commissioner Perrin Edward Knight, Director of Development Services Pamela Walker, Administrative Aide CONSENT CALENDAR Chairman Jessner requested item A be removed from the consent calendar, Sharp seconds. AYES: NOES: ABSENT: . Jessner, Sharp, Suggs None Covington, Perrin Motion Carried Commissioner Sharp moved to approve the consent calendar; Suggs seconds. AYES: NOES: ABSENT: Jessner, Sharp, Suggs None Covington, Perrin Motion Carried PUBLIC HEARING - ZONING TEXT AMENDMENT 1-87 - INCREMENTAL LANDSCAPING IN RETAIL CENTERS The Director recommended that this item be tabled at this time and brought back at a future date. Staff will then provide notification for public hearing. At the February 23, 1987, City Council meeting, the Council requested that a discussion of incremental landscaping be placed on the Council March 9th agenda. Additions or modifications to ZTA 1-87 may be a result of that meeting, therefore, staff recommends tabling the issue for a more complete package to be provided to the Commission at a later date. Sharp moves to bring this matter back at a future date; Suggs seconds. AYES: NOES: ABSENT: . Jessner, Sharp, Suggs None ,Covington, Perrin Motion Carried PUBLIC HEARING - VARIANCE 1-87 - 229 4TH STREET - FRANCES BAUM Pamela Walker indicated that Variance 1-87 was a request by Frances Baum to construct a 25 ft. curb cut on the property at the southwest corner of Marina Drive and 4th Street. The curb . cut would be made along Marina Dr. to allow access to six covered parking spaces. This site is an irregularly-shaped lot containing over 7,428 sq. ft. The applicant is proposing to develop this property with three 2-story townhomes in accordance with the RHD zone, each with a 400 sq. ft. 2-car garage with access from the requested curb cut. Staff explained this application had been reviewed and found that the required showings for a variance could be made and the City Engineer could approve the request. Consequently, staff recommended approval of Variance 1-87 subject to four conditions listed below: 1. Development shall be in substantial compliance with the site plan submitted as part of this application. 2. No parking shall be permitted in the 24-foot drive aisle, and signs shall be posted stating this restriction. 3. A six-inch high concrete curb shall be placed at the end of the drive aisle to prevent parking and driving in the side yard and open space. 4. All sidewalks, curbs and gutters shall be reconstructed to the satisfaction of the City Engineer. . Chairman Jessner declared the public hearing on Variance 1-87 open. Fred Baum, representing Frances Baum, offered to answer any questions the Commission may have. He indicated Henry Erickson is the builder for the property, that the units are 1200 sq. ft. not including the garage. Mr. Baum presented a model of the proposed project to the Commission. It was pointed out by a Commission member that adequate off-site parking was available as the project was located on a corner lot. As no others spoke in favor nor in opposition to the matter, Chairman Jessner declared the public hearing closed. Commissioner Sharp moved to grant Variance 1-87; Suggs seconds. AYES: NOES: ABSENT: Jessner, Sharp, Suggs None . Covington, Perrin Motion Carried . PUBLIC HEARING - ZONE CHANGES 1-87 AND 2-87 - GENERAL PLAN AMENDMENTS 1.A-87 AND 1.B-87 - ZOETER SCHOOL SITE The Director reported these General Plan amendments and zone changes were filed by the Los Alamitos Unified School District and involves the Zoeter Elementary School on Pacific Coast Highway and 12th Street. Instead of having three separate public hearings regarding this project, staff placed the items in one public hearing as it involved one piece of property, although the Commission must take action on three separate matters. The request was to amend the General Plan Land Use Diagram and Zoning Map for Parcel A, which involves Zone Change 1-87 and GPA 1.a-87, a change to a zoning designation of General Commercial (C-2) and . a land use designation of General Commercial; and Parcel C, which involves Zone Change 2-87 and GPA 1.b-87, a change to a zoning designation of Residential High Density (RHD), and a land use designation of Residential High Density. Current uses on the site include three public access tennis courts, two day care services located on 12th Street and Landing Avenue, a softball field and spectator stands and the Mary Zoeter building and auditorium. The School District has declared the site surplus and is selling it to raise revenues. The City of Seal Beach has participated in buying portions of the site, including 30% of the site in accordance of the Naylor Act which is at 25% of the appraised value (softball field and stands). Additionally, through a lease/purchase agreement the City has also purchased 33% of the total site area, including the two day-care business' and a portion of open space located immediately north of the Naylor portion of the site. The City has purchased 63% of the site for a total of 136,000 sq. ft. The remaining 37% of the site is the subject of the zone change request. This area is divided into two parcels with Parcel A as a 76,950 sq. ft. parcel located along the Pacific Coast Highway frontage with a depth of 180 ft. The three tennis courts and the Mary Zoeter building are located on this parcel. The other Parcel C is a residual parcel located on the southwest corner of Zoeter School with a total of 2,937 sq. ft. This lot is located south of the softball stands which have been purchased by the City. Surrounding land uses include a commercial shopping center zoned Service Commercial to the north; a commercial use fronting on Pacific Coast Highway zoned General Commercial (C-2) and residential uses (single and multiple family) zoned Residential High Density to the east; to the west, commercial uses fronting on Pacific Coast Highway zoned General Commercial with a church located immediately to the rear of the commercial area and zoned Public Land Use. . Commissioner Covington arrives approximately 7:55 p.m. . Mr. Knight discussed staff's analysis of the two parcels. Given the uses in the immediate area, staff recommended a rezone to commercial use would be appropriate for the parcel. Knight also indicated it would be possible to develop the site with a residential project but the development would be sandwiched between an arterial highway and a heavily used softball field. It was felt that a commercial use would be more compatible for the site and the adjoining area. To rezone to residential would assure the removal of the Zoeter building. Although a change to commercial zoning would not guarantee that the structure would be saved, it at least provides a better opportunity to incorporate the structure into a project proposal. Rezoning the entire site to commercial would provide for a large enough site to accommodate new development, parking and landscaping for a project. Dividing the site into some combination of commercial and residential uses restricts the site's opportunities to adequately provide parking and landscaping to support a use. Partially rezoning the site as residential would create the same issues of compatibility between this residentially-zoned area in . the commercial zones and softball areas. For those reasons stated, staff recommended that Parcel A be rezoned to General Commercial (C-2) and its land use designation changed to General Commercial. . With regard to Parcel C, the surrounding uses in the area include residential units, both single family and multiple. Staff therefore recommended the parcel be rezoned to Residential High Density (RHD) with a General Plan use designation of Residential High Density consistent with the zoning in the surrounding area. Although the lot is located adjacent to the softball field, residential zone is the only viable and compatible zone and staff indicated they will work with the individual that develops this parcel to mitigate any concern. Chairman Jessner declared the public hearing on this matter open. Mr. Arthur Genet, 416 Emerald Place and president of the Los Alamitos Unified School District, indicated that he and Ron Murrey, Business Manager of the School District were available to answer any questions. Mr. Genet stated this project brought to a culmination 4 years of effort in working with the City of Seal Beach. Genet expressed his support for the rezoning of the project as recommended by staff. Mr. Joseph Hunt, 1180 Oakmont, encouraged the Planning Commission to act on this matter expeditiously. He reported there have been negotiations between the School District and the City wherein the District has made concessions. Mr. Hunt explained the Council wishes to take advantage of the concessions and requested the adherence to time frame necessary for development of Zoeter. The District was now concerned with the development of this plan. Mr. Hunt felt that staff's recommendations reflected the City Council's desire regarding Zoeter. Mr. Mario Rossi, 1725 Catalina, owner of the property across the street from Zoeter next to the 7-11 store, requested some assurance from the Planning Commission that some control over what is eventually developed on the Zoeter site be exercised by the City. Responding to Rossi, Knight indicated the depth of the commercial zone would be 180 feet back from the frontage on Pacific Coast Highway. Rossi's concern was that property values on 12th Str~et would decrease depending upon the type of commercial enterprise eventually developed on the Zoeter site. As no others spoke in favor nor in opposition to the matter, Chairman Jessner declared the public hearing closed. The Director explained that should a project be proposed for the Zoeter site and be in full compliance with the requirements of General Commercial, the Planning Commission would not review the project. Should a variance or conditional use permit be required, the Planning Commission would then hear the matter. State law requires that zoning be consistent with the surrounding areas. Conditional zoning is inconsistent with the state law that requires consistency within zones. It is also in conflict with the state law which says a school should have the ability to develop a parcel to the same extent as properties adjacent to it. If the applicant agrees to a condition that says a conditional use permit is required for any development on the property in writing, then a condition can be placed on the zoning. . . Commissioner Covington stated he was a long-time proponent of acquiring open space and felt the compromise reached between the City and Los Alamitos School District was commendable. Covington further explained that he was in favor of the zoning recommendations but felt the negative declaration did not address all potential impacts of a commercial development, therefore, an environmental impact document should be required. In particular, Covington felt the following areas had the possibility of being impacted: ambient air quality, absorbtion rate drainage, increased transportation, light and glare, planned use, population, housing, vehicular movement, public services, and others. For these reasons, Mr. Covington felt an objective, professional outside entity should perform an environmental analysis. Commissioners Sharp and Suggs felt staff would review each proposed project for the Zoeter site and not allow any detriment to the area to be constructed. The Commission and staff discussed the possibility of a RCP zone (residential commercial park) which had been applied to the Dept. of Water and Power site at 1st Street and Marina or the use of a specific plan for that site. Knight explained that RCP does not exist except within a specific plan and would not apply to this site. Chairman Jessner reopened the public hearing to receive testimony by Councilmember Joe Hunt, 1180 Oakmont. Mr. Hunt wished to further explain that in buying the portion of the Zoeter School site the City Council committed to and received concessions from the School District which included significant price discounts. For those discounts, the School District asked that certain requirements be met such as the rezoning of Parcel A. Hunt explained that economics are an important factor as the City has tentative agreement to buy a section of the property contingent on parcel A being zoned C2. Should the Commission delay acting upon this matter, the current negotiations could be jeopardized or penaltiesbe enacted. Arthur Genet, 416 Emerald Place, indicated the City of Seal Beach is the owner of a good portion of the Zoeter site. Mario Rossi felt that the suggestion that the School District agree to a conditional use permit process for any commercial development should be utilized. Chairman Jessner reclosed the public hearing. Knight felt if the Zoeter building was retained (which was the aim of the staff and council, a variance would be needed which would allow for a public hearing process. As the property exists now, the Zoeter building could be demolished with no permits required from the City. The City does not own the land nor the tennis courts. Staff indicates there are two options to allow for a public hearing for any proposed commercial development of the Zoeter site, i.e. place a condition on the C2 zoning of parcel A with the written concurrence of the owner, Los Alamitos Unified School District, or to recommend designation of specific plan commercial to City Council, then direct staff to place on the agenda for the next Commission meeting a recommendation to study the remaining portion as specific plan open space. The Commissioners fully discussed the specific plan process. Commissioner Suggs proposed to adopt Resolution 1450 as proposed, recommending to City Council the adoption of General Plan Amendment l.a-87 and l.b-87 . . . to change parcel A to general commercial and parcel C to residential high density; Sharp seconds. Knight explained this changes the land use designation of the General Plan, not the zoning. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried Commissioner Covington moves to adopt Resolution #1452 as proposed, recommending to City Council the adoption of Zone Change 2-87 to change the zoning designation from public land use to residential high density in Parcel C; Sharp seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried Commissioner Sharp moves to adopt Resolution #1451, recommending to City Council the adoption of Zone Change 1-87; Suggs seconds. AYES: NOES: ABSENT: Sharp, Suggs Covington, Jessner Perrin Motion Failed . Covington and Jessner explained they felt the City should have control over the type of development planned for the Zoeter School site, therefore, had vetoed this motion. Commissioner Covington moved to recommend the resolution for parcel A return at the next meeting that it be specific plan with a conditional use permit required and direct staff to bring back on the agenda the study of the remaining portion of Zoeter site as specific plan open space; Jessner seconds. After some discussion, Mr. Jessner withdraws his second. Jessner felt it more appropriate to designate this a C2 zone but requesting a condition be placed on the zoning with the concurrence of the owner that a conditional use permit be required for any development on the site. Motion fails for lack of second. After further discussion amongst the Commission members, Commissioner Covington recommends that Parcel A be designated as C2 with a condition placed on it that ~ conditional use permit be required for any C2 use recognizing that Los Alamitos Unified School District must be in concurrence with that requirement; Jessner seconds. AYES: NOES: ABSENt: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried . Covington pointed out the Commission has now provided for an additional control by the City for the development of the Zoeter site offsetting the marginal negative declaration that has now been approved. . PUBLIC HEARING - GENERAL PLAN AMENDMENT 1.c-87 - SOUTHWEST CORNER OF OCEAN AVENUE AND EIGHTH STREET Mr. Knight indicated a concern was voiced at the January 12th Council meeting regarding the property on Ocean Avenue as it was currently used as a parking lot and requesting that site to be rezoned as public land use. The Council directed staff to follow through. It was determined that the area was already zoned public land use, however, a conflict was found to exist in the General Plan which designates that site as Low Density Residential. Staff recommended approval of Resolution 1454 to bring the property into conformance with General Plan and City zoning designations. Chairman Jessner declared the public hearing open. As no persons spoke on this matter, Jessner closed the public hearing. Commissioner Sharp moves to approve Resolution 1454, Covington seconds. AYES: NOES: ABSENt: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried . CONSENT CALENDAR ITEM A - RESOLUTION 1448 - CONDITIONAL USE PERMIT 19-86 - 909 OCEAN AVENUE - CORKY GILL Chairman Jessner had removed item A from the consent calendar as not all Commissioners were present at that time. Commissioner Covington moved to approve as presented, Suggs second. AYES: NOES: ABSENt: Covington, Sharp, Suggs Jessner Perrin Motion Carried SCHEDULED MATTERS There were none at this time. ORAL COMMUNICATIONS Councilmember Joe Hunt, 1180 Oakmont, wished to clarify that the IlL" shaped portion of the Zoeter site is a lease option, that it is not in the City of Seal Beach's name. The City pays $146,000 yearly as a lease payment and will not own the property until 25 years have passed. STAFF CONCERNS There were none at this time. . COMMISSION CONCERNS Covington indicated the News Enterprise had an article regarding the further study of landscaping issue in retail centers. Knight explained that a Councilmember made a motion to put on the following agenda a request to study further the landscaping issue for existing retail centers. That will be on the 3/9th City Council meeting, agenda and supporting memo included in the Commission's packet for this evening. . Chairman Jessner requested staff to prepare a resolution commending Commissioner Perrin for his service on the Planning Commission for the next meeting. In response to Commissioner Covington, Knight indicated a letter had been sent to Hennessey's Tavern as a result of the complaint letter received by Ellen Griffith. For the record, Chairman Jessner indicated the screens were off Hennessey's windows and the windows were wide open when the manager had indicated that would not occur. Chairman Jessner wondered if it would be appropriate that in light of the complaints against Hennessey's, that anyone-day entertainment permit not be granted by the City Manager and forwarded to the Planning Commission. Covington felt staff should identify options and procedures to request compliance by Hennessey's Tavern and bring back to a future Commission meeting. ADJOURNMENT It was the consensus of the Commission and so ordered by the Chairman, to adjourn the Planning Commission meeting of March 4, 1987 at 9:55 p.m. . THESE MINUTES ARE TENTATIVE, SUBJECT TO APPROVAL BY THE PLANNING COMMISSION. .