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HomeMy WebLinkAboutPC Min 1987-09-02 -- SEAL BEACH PLANNING COMtlISSION AGENDA Clty CounCll Chambers 211 Eighth Street Seal Beach, California !'he Seal Beach PlamUng COJIIIIUssJon meets 1n sessJon everll fJrst and thJrd liednesday oE each IIIOnth at 7:30 p.m. ZL lIOu wJsh to address the COlmlJssJon on any plJrUcular publJc hearJng 1tem, the ChaJrman w1ll call for publ1c testJmonll L1rst for those 1n favor of the project, and second, for those who are not 1n Lavor. liben you see that the speaker's posJtJon 1n the center oE the room 1s uncx:cupJed, step up to the mJcrophone and when recognJaed by the Cha~r.man, speak d1rectly 1nto the mJcrophone by 11rst stat1ng your name and aadress clearly and dJstJnctly Eor the records. Stete your busJness as clearly and succJnctly as possJble and then waJt a IIIOment to see 11 the Comm1ssJoners have any quest10ns 1n regard to !lour COlIIIlICnts or questions. 11 there are no other quest10ns or c:onnents, return to your seat so that the next person ""'y address the Comm1ss10n. Zf you w1sh to address the C01mIJss10n on matters other than publ1c IIear1ngs, the agenda prov1des for that t1me when the Cha1rman asks lor comments from the publJc. Address the Comm1ssJon 1n the same lII/Ul1Ier as stated for publ1c hear1ngs, always stat1ng your name and address f1rst. PLANNING COMMISSION AGENDA September 2, 19B7 Next Resolution '1473 1. Pledge of Allegiance 2. Roll Call 3. Consent Calendar A. Mlnutes of August 5, 19B7 B. Plan Review l4-B7 281 2nd Street e 4. Public Hearings A. Conditlonal Use Permit 9-B7 941 pacific Coast Hlghway Resolution '1472 A request to transfer an on-sale full liquor license in conjunction with an existing restaurant use. Code Sections: 2B-1388, 2B-2583, 2B-2584 Environmental Review: This project is categorically exempt from CEQA review (California Administrative Code Section 15381) Applicant: Denny's, Inc. dba Denny's Restaurant U".,. Owner: portola Ventures B. General Plan Amendment 2a-B7 Zone Change 3-B7 345 18th Street Resolution 11478 Resolution '1471 A request to change the zone for 345 18th Street from C-2 (General Commercial) to RHO (High Density Residential), arid to change the land use designatlon for the General Plan from General Commercial to High Density Residential. Code Sections: 2B-268", 2B-2682 . Environmental been prepared Report. Review: in-lieu Negative Declaration 7-B7 has of an Environmental Impact Applicant: John Tschudin Owners: Donald C. Cleghorn, Marsha L. Cleghorn . September 2, 1987 Planning Commission Agenda Page 2 C. Amendment to Hellman Specific Plan General Plan Amendment 2b-87, Land Use Element General Plan Amendment 2c-87, Circulation Element General Plan Amendment 2d-87, Open Space Element A request to amend the existing Hellman Specific Plan to allow the construction of 113 single family homes and 668 condominium units, plus a 185 acre public golf course, on 145 acres of land. The request will amend the land use element to match the proposed specific plan. The circulation element would be amended to show First Street within the project areas as a secondary highway, and a north-south link from First Street to Westminster as a principal road. The open space element would be amended to reflect the change in the acreage for the proposed community park site. Code Sections: 28-1788; 28-2958; 28-2951; 28-2952; "28- 2953; 28-2954; 28-2955; 28-2956 Environmental Review: A draft Environmental Impact Report has been prepared in conformance with the requirements of the State's CEQA Guidelines and Statutes. Applicant: Mola Development Company Hellman heirs e Owner: 5. Scheduled Matters 6. Oral Communications from the Audience At thIS time, members of the public may address the Commission regarding any item whithin 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 e ~ . SEAL BEACH PLANNING COMMISSION MEETING OF SEPTEMBER 2, 1987 The Seal Beach Planning Commission met in regular session on Wednesday, September 2, 1987 at 7:34 p.m. Vice Chairman Suggs called the meeting to order and led the Salute to the Flag. ROLL CALL Present: Chairman Covington (arrives 7:36 p.m) Commissioners Jessner, Sharp, Suggs Commissioner Rullo Absent: Also Present: .Edward Knight, Director of Development Services Pamela Walker, Administrative Aide Ginger Bennington, Secretary to City Manager CONSENT CALENDAR Those items on the consent calendar were as follows: A) Minutes of Planning Commission meeting of August 5, 1987 B) Plan Review 14-87, 201 2nd Street, Kempster . With the consent of the Commission, Jessner requested item B be removed from the consent calendar. Sharp moved to approve consent calendar (item A); Suggs seconds. AYES: NOES: ABSENT: ABSTAIN: Covington, Sharp, Suggs None Rullo Jessner Motion Carried Sharp moved to approve item B, Plan Review 14-87 as presented; Jessner seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Rullo Motion Carried .. PUBLIC HEARING - CONDITIONAL USE PERMIT 9-87 - 941 PACIFIC COAST HIGHWAY - DENNY'S RESTAURANT Ms. Walker reported this request was to transfer on-sale full liquor license in conjunction with the existing Denny's Restaurant located in the Safeway Center. Ms. Walker explained the restaurant is currently serving alcoholic beverages as ABC license was transferred by the State without notifying the City. The original CUP 21-84 for alcoholic beverage sales for Tiny Naylor's at the same site was approved by the Commission in February of 1985 subject to 11 conditions, two of which were subsequently appealed by the applicant. Based upon the recommendation of the Acting Chief of Police and on the history of full liquor service at the restaurant location, staff 1 . supported approval of CUP 9-87 subject to 11 conditions Chairman Covington declared public hearing open. As no persons wished to speak in favor nor in opposition to this matter, Chairman Covington closed the public hearing. In keeping with past practices, Covington suggested a modification to condition #7 to read "no alcoholic beverages should be sold after 1:30 a.m." rather than 2:00 a.m. to allow customers time to adhere to ABC closing regulations which state no consumption of alcohol can take place after 2:00 a.m. Commissioner Jessner moved to approve CUP 9-87 by the adoption of Resolution #1472, with the modification to condition #7 to read "no sale of alcoholic beverages after 1:30 a.m.;" Sharp seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Rullo Motion Carried . PUBLIC HEARING - GENERAL PLAN AMENDMENT 2a-87, ZONE CHANGE 3-87, 345 10TH STREET, JOHN TSCHUDIN Ms. Walker reported the applicant is requesting an amendment to the General Plan and zoning map designations from General Commercial to High Density Residential and from C-2 to RHD to permit the construction of a single family home. The property currently houses a swim school and pool. Given the surrounding land uses, staff supported the applicants request as the highest and best use of the subject property. Chairman Covington declared public hearing open. John Tschudin, applicant, stated he would like to remove the swim school and pool and construct a single family home on the site. Anne Cook, 339 10th Street felt there were problems with the operation of the swim school in a residential neighborhood. Her primary concern was that a condominium would be constructed on the property sandwiching the one-story homes between it. Mr. Knight pointed out that the height restriction for that property is 25 feet or two-story. As no others spoke in favor nor in opposition to the matter, Chairman Covington closed the public hearing. Commissioner Sharp moved to approve General Plan Amendment 2a-87 by adoption of Resolution #1470; Suggs seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Rullo Motion Carried Commissioner Sharp moved to approve Zone Change 3-87 by adoption of Resolution #1471; Jessner seconds. . AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Rullo Motion Carried 2 . PUBLIC HEARING - AMENDMENT TO HELLMAN SPECIFIC PLAN GENERAL PLAN AMENDMENT 2b-87, LAND USE ELEMENT GENERAL PLAN AMENDMENT 2c-87, CIRCULATION ELEMENT GENERAL PLAN AMENDMENT 2d-87, OPEN SPACE ELEMENT Mr. Knight presented the background on this matter. He stated this project has been before the City for almost one year. In 1986, Mola Development Company approached the Council and presented their conceptual plan and ideas. They were encouraged by the public comment and filed a formal application. At that time staff determined an environmental impact report (EIR) should be prepared and accordingly a consultant was selected. In February of this year, a notice of preparation was mailed for the EIR. Staff encouraged all to submit comments. Two scoping sessions were held before the EQCB for citizen input. The Draft EIR utilizing comments received, was completed in July of this year and circulated for a 45 day review period with EQCB reviewing on July 21, 1987. Following the end of the review period, a Final EIR will be drafted. Knight stated there were 5 items before the Commission for consideration: the final EIR, two amendments to the General Plan and the amended Hellman Specific Plan. . Pam Walker presented site history of the project. The original Hellman Specific Plan was adopted by the City in 1981 and developed in conjunction with a proposal by Ponderosa Homes for that site. Under the original specific plan, land uses were residential, open space and interim uses. The residential uses range from single family homes to multiple family units. Open space uses included a neighborhood park, a community park and a flood retention basip. Interim uses consisted of oil production. Development standards for single family homes included 10-20 foot front yard setbacks, 10-15 ft. rear setbacks, 5 ft. side setbacks, 30 ft. height with a maximum of two stories. The height limit on multiple family units was to be 35 ft. Each dwelling unit is required to provide two covered parking spaces with additional guest parking. The neighborhood park was to be improved for passive use while the community park was for active use. First Street would extend to Seal Beach Boulevard as a primary highway. Under the amended specific plan, only oil production and flood control land use remains the same. Specifically, 660 condominiums would occupy 24 acres, 113 single family homes would be constructed on 18 acres and 105 acre 18- hole golf course would surround the two. Development standards include 32 ft. maximum height for single family homes, 39 ft. for multiple family units. Two parking spaces per unit and additional guest parking would be provided. The amended plan reduced the numbers of residential and multiple family units from the original plan. In addition, the golf course surrounded by clusters of homes was added. First Street is now shown as a secondary street rather than primary as in the original plan. . 3 . Sandra Bauer, representative of Michael Brandman Associates, consultant for EIR preparation explained that the Draft ErR (DEIR).addressed topical issues such as geology, particularly the fault zone and liquefaction on the site. She pointed out for these and for all the issues, there are mitigating measures available that would reduce potential impacts to a level of insignificance. In the case of the fault zone, setbacks have been recommended. In the case of liquefaction, earthwork and foundation techniques are recommended. Hydrology and soil are second issue addressed in the EIR which included surface hydrocarbons on the site. This is an area requiring future study including possible cleanup. There are two adjacent sites which could be accorded superfund status, the Seal Beach Naval Station and the Oakwood apartments. Compliance with the findings on those sites is recommended. The third area deals with cultural resources as the site has been previously surveyed and archeological resources have been found. The report recommends investigation and salavage of any significant artifacts found. The fourth area is land use. Oil wells on the site to be in compliance with Department of Oil and Gas procedures. Gum Grove Park land use has be an issue of great attention. EIR recommends that a plan be developed between the City and the developer that meets the needs of all concerned. Night lighting is an issue. The report recommends screening adequately to shield residences without adverse impacts from the screening. Consistence with relevant plans is another land use plan that includes plans with the City, the land use/open space/circulation and redevelopment as well as the plans of other agencies, particularly the Coastal Commission. It will be necessary to obtain a coastal permit for this project. Three issues of concern in the 5th area are biological resources, i.e., wetlands (Corps of Engineer and Department of Fish and Game permits will be necessary). Red fox sitings have occurred on the site and a program to trap and remove may be required. Eucalyptus trees exist in Gum Grove Park for which an independent study has shown are infested with long- horn borer and remedial action is required. Air quality is another issue to address. Construction level impacts as well as subsequent mobile and stationary source emission have been addressed. Measures are recommended for construction techniques arid for vehicle travel reduction. Noise is a seventh issue addressed including noise coming from the adjacent oil wells. Possible mitigation measures include conversion of pumps from gas to electricity and possible construction of walls. Additionally there are 22 residences in the proposed development that would exceed noise standards from Seal Beach Boulevard noise. Mechanical ventilation for those units is recommended. The eighth topic of concern has two issues regarding First Street which runs through the property whether it will be a public route throughout or public route halfway through and then adjoining to a connector to Regency and remainder of First Street serving as private road for remaining residents. The intersections of First Street with major roads (Pacific Coast Highway, Seal Beach . . 4 . facilities are addressed, additional police personnel will be required for this project. Some Edison towers and lines need to be relocated, therefore, consultation with Edison is recommended. Parks issue related to Gum Grove as well as to meet the City's requirement for dedication has been addressed. Water line capacity is addressed. Aesthetics is 10th issue addressed; i.e. night lighting, landscaping to be provided to ensure adequate screening of oil rigs. Bauer points out that the fiscal affects of the project are addressed in the EIR, which is proposing Mello Roos bond financing as a method to pay for improvements on the site. The project will generate $1 million to the Redevelopment AGency, however, the City itself will have a deficit of slightly over $21,000 per year. The combined City/RDA surplus is 976,000 per year. Project alternative have been discussed including the existing specific plan which provides for 1000 units and the project as proposed plus a hotel. The purpose of tonight's hearing, reminded Ms. Bauer, was to take oral comments regarding for the remaining EIR review period through September 8, 1987. Comments are rarely ignored, even when provided late. . Mr. Knight explained more fully those main issues of concern. Gum Grove Park's future has been a major concern in public discussion. This belongs under subdivision map process however due to public's concern it will be addressed under specific plan process. It is identified as a special use park and also as a forest area in the conservation element (which states it should be retained as forest area whether it is public or private). It has been Mola's proposed to preserve half of the park. The portion that would be removed would be the parking lot. The pro's received is due to wilderness character of park. The con's feel that night time use of park has been a nuisance and a threat to their security. It is further complicated since the trees are infested which would require removal of substantial amount of trees in the grove. The City could accept the dedication of the park in accordance with Quimby Act. The City could require applicant to clean up grove. The second approach could require grove to be preserved as a forest but not as a park. That would require the applicant to prepare a preservation plan, take care of borer and replace trees and allow pedestrian access. The Parks and Recreation Commission has given 3 recommendations: 1) they want Gum Grove to stay as a forest, not as a park, 2) they want in-lieu fees) and 3) want 7.9 acres of land for recreation and not use golf course as credit for recreation area. Mola has proposed to put night lighting and certain migitation measures have been shown in the EIR. Staff does not feel night lighting is feasible. IF Commission agrees, a condition can be placed in the specific plan to not permit night lighting. The wetland issue is being addressed by Mola to develop a lake system on the golf course for drainage and as a freshwater habitat. Both Army Corps of Engineer and Fish and Game feel saltlands marsh is required. The applicant is proposing to use Mello Roos bond financing which allows cities to establish a facilities . 5 . assessment district and to develop public improvements within that district by levying bonds. This would only be the portion of Hellman that is being developed at this time. It would require the approval of the property owner (Mola Development) and would be passed on to the future owners of this property who would pay a higher tax rate than other members of the community. Staff has identified every possible improvement that could be utilized under this financing, but does not mean every item will be included. The circulation alternatives - current specific plan shows first street will be a secondary public road through golf course area where it would turn into a private road and linking up to Seal Beach Blvd. A public linkage would go north/south to Westminster in the future and east/west linkage from Seal Beach Blvd. to First Street which will allow access from Seal beach Blvd. to Pacific Coast Highway. Engineering staff considers First Street as a public roadway is the superior alternative. Further, they do not feel that the Regency connection has been fully developed to support it as an alternative. Consequently, staff is recommended that exhibit in the specific plan 2-10 be amended to show First Street as public roadway from Seal Beach Boulevard to Pacific Coast Highway. In an effort to preserve Regency connection, Knight recommended text be added to require further study before this alternative can be considered. This insures a viable alternative is shown at this time. . Regarding future actions, this EIR review is only the first step. A subdivision map, precise plan, adoption of MEllo Roos assessment district follows. Under subdivision map, Commission may look at specific actions of the plan regarding public improvements, transit facilities, bikeways and Gum Grove issue. Under precise plan approval the final plan will be shown to be built in conformance with conditions noted in specific plan. The Corps of Engineers, Coastal Commission, Dept. of Fish and Game and Caltrans will be other agencies involved for permits. All the mitigation measures in the specific plan will be placed in their final form as conditions of approval to the specific plan. There is an administrative adjustment section will allows the Director of Development Services to approve minor modifications to the site plan under certain hardship conditions. Anything beyond those administrative adjustments would require specific plan amendments. In conclusion, Knight stated the specific plan is only the framework of the future development of the Mola plan. Since the environmental review period has not run out, the Commission can only receive comments on the DEIR and continue to September 16. Two letters commenting on the DEIR had been received by staff and would be forwarded to consultant to include in Final EIR. One from David Lemon dated 9/2/87 who feels public tennis courts should be made available and one from Ronald Akada dated 9/1/87 who feels that traffic is a concern and also supports public tennis courts. . 6 . . . Knight also presented additional information regarding fiscal impact analysis, i.e. recurring revenues, recurring costs and tax increment realized to Riverfront Redevelopment area. The site will generate revenues of $360,000 per year while creating costs of $382,000 per year for an annual deficit of $22,000. The tax increment at build-out will be nearly $1 million. Residential projects very seldom generate a surplus. One opportunity the project creates is to generate needed funds to the Redevelopment Agency which would offset other expenditures of the City. To mitigate the $22,000 deficit, staff proposed three alternatives: 1) street sweeping and tree trimming fees; 2) possible formation of lighting and landscaping district, and 3) that there be an agreement between Mola and the City to charge a surcharge on golf course green fees. That fee would be transferred to future owners and subject to periodic adjustments as far as inflation. If Planning Commission concurs, they would be added to the specific plan. In response to the Commission's questions, the following clarifications were offered: 1) 2) 3) 4) 5) 6) Possibility of dedicating the golf course to the City is being studied. Tennis courts will be private. The development will be a gated community. Mello Roos is not intended to provide recreation improvements. Project will generate $1 million in school development ,fees. Bolsa has intersection capacity utilization of 90%. There is no difference between the two street alternatives as to how Bolsa might be impacted. Proposal by Mola includes 113 single family homes and 660 condominiums for a total of 773 homes. 7) Commission Jessner brought out the following concerns in the DEIR: 1) Section 11-12, should read "Los Alamitos School District" not "Los Angeles". "McGaugh" school is also misspelled. 2) Page 3-g, Mitigation Measures. Home purchasers should be made aware of construction on top of abandoned oil well. Venting of well needs further explanation. 3) Page 3-7, noise levels due to oil wells should be disclosed to buyers. 4) Page 3-11, recommends converting from gas to electric to cut down on oil proguction noise, 5) Page 4-20, Since life expectancy of oil wells could be 30 or more years, it is conceivable that the community park will 7 . not occur for many years. Jack Osteen, Recreation Director, indicated the possibility of using that land for park purposes if problems associated with oil production are dealt with. Under the original Specific Plan, he pointed out that there were 3 pumps located in the community park area with roads laid out so as not to interfere with the pumps. Greg Weiler, Chairman of the Parks and Recreation Commission, presented recommendations of the Commission, i.e. that no Quimby credit be given for the golf course facility. The Recreation Commission requested additional information, i.e., if City is only limited to Quimby 7.9 acres from the development or can other requests be made. . It was mentioned that the Gum Grove Park lease had expired, however, City has continued to use the site and pay the taxes for the property. Chairman Covington opened the public hearing. Kirk Evans, Mola Development representative, explained that the original Ponderosa plan was economically unsound as they had not taken into account the existing negative factors of the site; i.e., oil liquefaction problems, oil production and location of earthquake fault line. Ernie Vasquez of McClarand, Vasquez and Partners, architects for the proposed development, explained the proposal. The decision was made to localize and cluster the residential development putting the proposed homes furthest distance away from neighbors on the bluff area. He pointed out that the golf course was a good solution to deal with oil liquefaction problems. The setting is resort-like Mediterranean attracting family-oriented lifestyle, composed of single family homes and condominiums. The condominiums would range from 540 sq. ft. to 940 sq. ft. There would be two car garages in single family homes with parking in the driveway and 40 guest parking spaces. Parking, Vasquez pointed out, meets the City's code requirements. Knight explained that the site plan will be before the Commission at a later time should they wish to discuss parking concerns at that time. A wall will surround the oil wells as well as landscaping screen. The grading plan has been submitted with 500,000 cubic yards of import soil needed. John Harper, a former 12 year resident of Seal Beach, spoke in support of the project, indicating he now resides in a Mola development in Huntington Beach. He stated Mola has a cooperative attitude. Jane McCloud, 700 Balboa Drive, expressed the desire to see Gum Grove Park remain as it is. George Kaloian, Seal Beach resident, spoke in favor of the project, requesting preferential starting times for Seal Beach residents at the proposed golf course and strongly recommending that the golf course remain public. Margaret Juler, Crestview resident, felt bathroom facilities were needed at the park. Carla Watson, 1635 Catalina, supported the golf course concept, however, felt the condominiums should be larger in size. Mrs. Watson also supported maintaining Gum Grove as it has historical significance. Kirk Evans, Mola Corporation, . 8 . indicated a marketing study had been performed for Seal Beach as a whole and the need for bachelor and smaller sized condominiums had been found. In order to maintain the integrity of the golf course, designer Ted Robinson indicated changes were necessary from Mola's original plan of over 1000 condominiums. Accordingly Mola cut down the number of condominium units to protect the golf course. He further pointed out that the golf course should be recognized as a recreation benefit to the City; especially if it was kept public. Bill Morris, 1729 Crestview favored the project, however indicated he had sent letters to the Department of Development Services regarding drainage concerns. He further asked that consideration be given to the design of the golf course so as not to allow intrusion of golf balls into the homes. Wendy Morris, 1729 Crestview, supported maintaining Gum Grove park as it is, and expressed concerns over losing her view and of the golf course design. Kirk Evans, indicated Mola had started on this project 16 months ago, holding numerous meetings including public forums to get as much public input as possible. He explained Mola is listening to all concerns in an effort to mitigate any potential problem. He explained Mola is willing to clean out the dying trees in Gum grove Park and replace as they wish to buy the park and give it to the public Mola is still strongly advocating a public golf course, however, Mola feels recreation credit should be given for that course. In the draft analysis, Mola did not advocate that there would not be direct public access between Seal Beach Boulevard and PCH, preferring Regency Drive. . Chairman Covington, with the consensus of Commission, adjourned the public hearing to September 16 meeting at which time staff will provide additional information based on commentary heard tonight. ORAL COMMUNICATIONS There were none at this time. STAFF CONCERNS Knight reported that the precise plan review for Bixby Office Park will be before the Council on September 8, 1987, along with a report on initiation of Bixby Old Ranch Specific Plan. COMMISSION CONCERNS Chairman Covington indicated the Coastal Conservancy had felt their approved plan for DWP project had been compromised. Commissioner Jessner requested scheduling in October for the circumstances pertaining to Plan Review 23-86. . 9 . ADJOURNMENT It was the consensus of the Commission and so ordered by the Chair to adjourn the regularly scheduled Planning Commission meeting of September 2, 1987 at 11:15 p.m. THESE MINUTES ARE TENTATIVE, SUBJECT TO APPROVAL BY THE PLANNING COMMISSION. . . 10