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HomeMy WebLinkAboutPC Min 1987-11-18 . I . . . Minutes of Meeting Planning Commission Seal Beach, California November 18, 1987 The Planning Commission of the City of Seal Beach met in regular session at 7:30 p.m. with Chairman Covington calling the meeting to order. Commissioner Suggs led the Salute to the Flag. ROLL CALL Present: Chairman Covington Commissioners Jessner, Sharp, Suggs, Rullo Absent: None Also Present: Ed Knight, Director of Development Services Joan Fi11mann, Secretary, Development Services AMENDED AGENDA CONSENT CALENDAR - ITEM aCa Request by Jessner to remove Item "C" from the Consent Calendar. Request granted. CONSENT CALENDAR - ITEM .B. Request by Suggs to remove Item "B", Minutes of November 4, 1987 Planning Commission Meeting, and be voted on separately (at the December 2, 1987 meeting). Request granted. CONSENT CALENDAR - ITEM aAa MOTION by Sharp, second by Jessner to accept as pub1 ished the Minutes of the October 21, 1987 Planning Commission Meeting. MOTION CARRIED 4-0: AYES: Covington, Jessner, Sharp, Rullo NOES: None ABSTAIN: Suggs ABSENT: None CONSENT CALENDAR - ITEM .C. - PLAN REVIEW 17-87 1009 - 1009 1/2 SEAL WAY, SEAL BEACH Plan Rev1ew 17-87 was removed from the November 4, 1987 Consent Calendar for discussion. Applicant proposed the Planning Commission permit him to raze and reconstruct the existing dup1 ex, rather than 1 ift it, in the process of remodel ing the foundation. Staff determined this request would be inconsistent with the provisions for a minor plan review. Such razing would constitute a major structural alteration and would come under a d iff ere n t s e c t ion 0 f the Cod e . A P P 1 i can t wo u 1 d the n h a vet 0 apply for a variance from that Code section. Beach the . . . . . Page 2 - Planning Commission Minutes - November 18, 1987 structurally sound, free of termites, and is able to be raised the intended three (3) feet. There would be nothing underneath this fouooation, it Wluld be filled with dirt. MOTION by Sharp, second by Rullo, to approve Item C. on the Consent Calendar as presented: C. Plan Review 17-87 is approved subject to the following four (4) conditions: (1) Plan Review 17-87 is hereby approved for the raising of the foundation at 1009 - 1009 1/2 Seal Way to deter damage from flooding. (2) That the applicant observe all conditions given on Plan Review 7-87. (3) The structural alteration shall be in substantial compliance with the plans approved by the Planning Commission under Plan Review 17-87, and with Section 28-2407 of the Seal Beach Municipal Code. (4) The lifting of the structure shall in no way alter the floor plans or structural modifications as approved under Plan Review 7-87. MOTION CARRIED 5-0: AYES: Covington, Jessner, Sharp, Suggs, Rullo NOES: None ABST AI N: None ABSENT: None PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 11-87 * RESOLUTION 1483 SEASIDE DELI @ 2938 WESTMINSTER AVENUE, SEAL BEACH Mr. Knight stated that applicant, Juliet Vidanes, requested to transfer an on-sale beer and wine license to the new owner of an existing restaurant/delicatessen (Seaside Deli) located at 2938 Westminster Avenue, Seal Beach, CA, in the First Federal Plaza. Seaside Deli provides hot and cold food for consumption on-site or to go. On 3-4-81 the Planning Commission adopted Resolution No. 1221, approving CUP 1-81 for on-sale beer and wine at subject address. Mr. Knight stated that Police Chief William Stearns reviewed the existing records and had no reservations about permitting the operation to commence and staff recommends the Planning Commission approve Conditional Use Permit 11-87. Mr. Knight stated the 8 conditions as shown in the 11-18-87 Staff Report. . , . . . Page 3 - Planning Commission Minutes -- November 18, 1987 MOTION by Sharp, seconded by Rullo"that Conditional Use Permit 11-87 be granted by adoption of Resolution Number 1483. MOTION CARRIED AYES: NOES: ABSTAIN: ABSENT: 5-0: Covington, Jessner, Sharp, Suggs, Rullo None None None B. EUCALYPTUS GROVE PRESERVATION ORDINANCE By unanimous consent, the Commission (at its October 21, 1987 meeting) continued the Public Hearing on this issue to the November 18, 1987 Commission meeting. Chairman Covington requested staff review this draft ordinance and bring back a revised draft ordinance. Staff researched the California Public Resources Code (containing the California Urban Forestry Act of 1978) and met with Parks Supervisor Greg Brown. As a result of these efforts, staff determined that broadening the scope of the Council's directive, bey 0 n d a sin g 1 e 0 r din a n c e, i sin 0 r d e r. S t a f f r e c 0 mm end s the Planning Commission pass this draft ordinance on to the City Counci 1 with the recommendation that they table the item and direct staff to prepare an urban tree plan as outlined under the Forestry Act. Chairman Covington said the Planning Commission has two recommendations: MOTION by Rullo, seconded by Sharp to request the City Council table the original proposed Eucalyptus Grove Preservation Ordinance as drawn (for further study). MOTION CARRIED 5-0 AYES: Covington, Jessner, Sharp, Suggs, Rullo NOES:' None ABSENT: None ABSTAIN: None MOTION by Rullo, seconded by Sharp for City Council to request staff to prepare an urban tree plan as provided under the California Urban Forestry Program. MOTION CARRIED 5-0: AYES: Covington, Jessner, Sharp, Suggs, Rullo NOES: None ABSENT: None ABSTAIN: None . t . . . , . Page 4 - Planning Commission Minutes - November 18, 1987 5. SCHEDULED MATTERS A. ZONING TEXT AMENDMENT 5-86 NON-CONFORMING DISASTER CLAUSE Mr. Knight stated that on November 2, 1987, at its regular meeting, the City Council considered the proposed amendment to the City's di saster clause. Changes were made to the draft ord inance that were not considered by the Planning Commission during its Public Hearing process. Code requires these changes be referred back to the Commission for review and recommendation to the City Council. Council directed that the Commission make its findings available for the Council's December 7, 1987 meeting. The following changes were made by the City Council and not considered by the Planning Commission: 1. The lot area per dwelling unit for Section B-1(c) and B-2(c) was reduced from 1,250 square feet to 950 square feet. 2 . A provision is added in which the City Council, by formal action, could suspend the minor plan review or conditional use permit requirement in the case of a widespread emergency. The Staff Report of 11/18/87 supports and analyzes these two items. Other changes that City Council took that were covered by the Planning Commission: 1. Council removed Section B3(e), known as the Sunset provision; 2. Council established a minimum of 500 square feet of floor area for a dwelling unit. 3. Added provision of Government Code 43007, allowing a property tax break to non-conforming projects that are unable to rebuild to the original number of units. Given the scope of the changes involved, staff recommends that the Commission pass a favorable recommendation to the Council regarding these changes at their 12/7/87 meeting. . . .4". ~ page 5 - Planning Commission Minutes - November 18, 1987 . ~ BY MINUTE ORDER the Planning Commission recommends acceptance of the following changes to draft ordinance by City Council: 1. The lot area per dwelling unit for Section B-l(c) and B-2(c) was reduced from 1,250 square feet to 950 square feet. 2. A provision is added in which the City Council, by formal action, could suspend the minor plan review or conditional use permit requirement in the case of a widespread emergency. JOSEPH RIBAL - 1215 1/2 SEAL WAY, SEAL BEACH CA Mr. Ribal presented hlS comments and hlS letter of November 14, 1987 (addressed to the Planning Commission). He expressed concerns over (1) a Ilvoluntary special investigationll stating it might provide a vehicle for discovery of non-conforming properties, (2) Minor Plan Review and CUP processes be reconsidered and possibly be removed or reduced down to a simpler function and (3) there be some enabling cause to allow the City Council to set aside these procedures. MITZI MORTON - 153 13TH STREET, SEAL BEACH Requested clarlflcatlon of Ordinance Section 28-2406(B)(2)((a)) which reads IIA minimum of one standard, open and accessible parking space...1I Does that mean covered parking will not be required? Mr. Knight explained that 1I0pen and accessiblell means IInot tandemll parking space. It will mean parking that is ope n / a c c e s sib 1 e to a pub 1 i cor p r i vat e d r i v e a i s 1 e . It wo u 1 d default back to the original zoning which would require either a carport or a garage. MINUTE ORDER With the consensus of the Commission, Chairman Covington, by Minute Order, sends back to the City Council a change to Section 28 - 2 40 6 ( B) ( 2 ) ( ( a)) w h i c h r e c 0 mm end sit rea d II Ami n i mum 0 f 0 n e standard, open and accessible, covered parking space ...11 ORAL COMMUNICATIONS FROM THE AUDIENCE There were no Oral communlcatlons. STAFF CONCERNS Mr. Knight expressed the following concerns: 1. Hellman S~ecific Plan was approved and is in place. The City has on file the Tentative Parcel Map and Tentative Tract Map which it will then begin a process on. Sometime in early 1988 it will be on Commission1s agenda. The next step is Parcel Map and Precise Plan Process for the Hellman Specific Plan. ... _If 'or_ .. . . . Page 6 - Planning Commission Minutes - November 18, 1987 2. Condominium Conversion Ordinance was continued to the first City Council meeting in December where Mr. Hunt may want a clarification which would affect Leisure World. 3. Two Year Term Limitation for Councilmembers was continued to the City Council's December meeting. COMMISSION CONCERNS Commissioner Sharp asks about landscaping at Rossmoor Shopping Center. Mr. Knight stated that landscaping work that they are doing there now is work that was required by the Lucky variance and thru the Gibbs Variance which was approved by the Commission a couple of years ago. The actual Master Plan is under study by staff right now and will be coming back to the Planning Commission as a CUP. Regarding City work on trees, Commissioner Rullo said he would support replacing trees, as needed, with 24 inch (minimum) box trees. ADJOURNMENT Chairman Covington adjourned the meeting at 9:00 p.m. Respectfully Submitted, c\o~o--__ Joan Fillmann Secretary THESE MINUTES ARE TENTATIVE AND ARE SUBJECT TO APPROVAL OF THE PLANNING COMMISSION. Minutes of November 18, 1987 approved by the Seal Beach Planning Commission on ~r~~ ':2... 1981' .