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Home My WebLink AboutPC Min 1993-05-05 . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ~ .. . .. .~ / CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of MAY 5, 1993 Chainnan Fife called the regularly scheduled Planning Commission meeting of May 5, 1993 to order at 7:30 p.m. in City Council Chambers. PLEDGE OF ALLEGIANCE Commissioner Law led the Pledge of Allegiance. ROLL CALL Present: Chairman Fife Commissioners Dahlman, Sharp, Law, Soukup Also Present: Dq>artment of Development Services: Lee Whittenberg, Director Joan Fillmann, Executive Secretary Absent: Michael Colantuono, Assistant City Attorney Barry Curtis, Administrative Assistant CONSENT CALENDAR 1. Minutes of April 21, 1993 MOTION by Dahlman; SECOND by Sharp to approve the Planning Commission Minutes of April 21, 1993 with the following corrections: Page 9: Paragraph 3, add remove II review II . II didn't see plans for II. ... , Page 12: Paragraph 9, change "that" to "whether". Page 13: Paragraph 2, reword to read "... testimony has stated that it impairs view, is situated peripherally and the roof doesn't match ..." Page 15: Paragraph 6, strike "... less than ... II . MOTION CARRIED: AYES: 5-0-0 Dahlman, Sharp, Law, Soukup,Fne 1 ~ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 - ~ ,.~ . 2. Minor Plan Review #93-3 210 First Street Staff Report Mr. Whittenberg presented the staff report. [Staff report on fue in the Planning Department]. The property owners, Santo and Mary Dimare, request to remodel and expand an existing nonconforming single family residence by 98 square feet. The proposed remodel and addition will result in the modification of the front single family residence from a current three bedroom residence to a two bedroom residence. The owners request to remove one of the three existing units and add approximately 72 square feet to the fIrst floor of the rear structure to accommodate two new tandem parking spaces. Staff recommended approval subject to conditions. Commission Comments Chairman Fife asked to which unit the two tandem parking spaces would belong? Mr. Whittenberg said he was not sure, adding this would be a four car garage, all tandem spaces and he felt the owners would install an interior partition wall. Mr. Whittenberg said the fmal plans didn't indicate what style of garage door would be installed. The walls will be relocated to meet the 9 foot setback requirement at the alley. Commissioner Dahlman said this is a model application and the owners are to be commended. They are curing the nonconformities due to parking, density and rear setback. MOTION by Dahlman; SECOND by Law to approve Minor Plan Review #93-3 through the adoption of Resolution No. 93-29. MOTION CARRIED: AYES: 5-0-0 Dahlman, Law, Fife, Sharp, Soukup SCHEDULED MATTERS 3. Resolution".f9J.;.2? A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL THAT A BAKERY BE CONSIDERED A RETAIL USE AS PERMITTED THROUGH 128-1300(3) OF THE CODE. MOTION by Fife; SECOND by Sharp to approve Resolution #93-27, subject to the recommended modification by the City Attorney's Office. MOTION CARRIED: AYES: 5-0-0 Fife, Sharp, Dahlman, Law, Soukup *** & 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 << 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 W " Page 3 - Planning Commission Minutes of May S, 1993 Commissioner Soukup questioned the legality of removing the C-2 designation. Mr. Whittenberg explained that by referencing C-2, all uses which are permitted in the C-l zone are automatically allowed in the C-2 zone. ~~~lll:~on.: 69J..28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW #93-4, APPROVING AN ARCmTECTURAL REVIEW IN CONJUNCTION WITH THE PROPOSED ADDITION OF A TWO-STORY CABANA OVER AN EXISTING TRAILER HOME AT 28 WELCOME LANE, SEAL BEACH. MOTION by Sharp; SECOND by Law to approve Resolution #93-28. MOTION CARRIED: AYES: 5-0-0 Sharp, Law, Dahlman, Fife, Soukup Commissioner Dahlman indicated his support of this Resolution was based on the surety that this structure could not be easily converted into a duplex. *** PUBLIC HEARING 4. Zone Change #93-1 16 Marina Drive Grotemat Property Mr. Whittenberg indicated Attorney James G. Rourke, the Trustee for this Trust (which holds the Grotemat property), communicated to the City today that he will be out the Country for six weeks and wishes this matter continued. Commissioner Dahlman stated he had three questions to present to staff: Does this proposal allow the hotel to have a larger footprint or to extend further to the South, impairing more view from First Street? Mr. Whittenberg said no, it doesn't impact the hotel site's requirements at all. Commissioner Dahlman wondered if the Site Plan should be modified. Is the property owner in support of this change in zoning? And, should the nine-member DWP Advisory Committee on the DWP Site Plan be involved in this zone change? Mr. Whittenberg responded that the Specific Plan for the DWP property does not include this parcel. This parcel was clearly excluded at the time the City Council adopted the Specific Plan. Therefore, the requirements under that Specific Plan for a hotel i.. -- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 << 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 W . . Pagll4 - Planning Commission Minutes of May 5, 1993 development on the DWP site do not change; the 30%170% remain. The distance is measured from First Street. The DWP Advisory Committee is appointed to assist and provide information to the Redevelopment Agency and City Council at the time a plan is submitted on the DWP parcel because that's the only parcel within the confmes of the Specific Plan. The DWP Advisory Committee has no authority to review this Zone Change. The property owners have been provided copies of the City's staff report but have not replied on their feelings of this proposal. Public Hearing MOTION by Dahlman; SECOND by Sharp to continue the Public Hearing on Zone Change #93-1 to the Planning Commission meeting of July 7, 1993. MOTION CARRIED: AYES: 5-0-0 Dahlman, Sharp, Fife, Soukup, Law *** 5. General Plan Amendment #93-1 Staff Re1Jort Mr. Whittenberg delivered the staff report. [Staff report on fIle in the Planning Department]. The major change is from an annual review to a bi-annual review. Staff recommended approval; this will make the element conform to the County's requirement and keep Seal Beach in the position to receive the Measure M funding, estimated at $140,000 to be used for road improvement programs within the City of Seal Beach. Commission Comments Commissioner Soukup asked if Seal Beach has a defIcient intersection list? Mr. Whittenberg said no, because Seal Beach does not have any intersections meeting the criteria of a defIcient intersection. Only certain County roadways are on the Measure M roadway system. In Seal Beach, only Pacific Coast Highway is in that system. There are no streets intersecting Pacific Coast Highway that are in that system. Seal Beach Boulevard is not on this system because it functions at a level of service "A" or "B". Commissioner Soukup asked if Measure M makes it easier for the City of Huntington Beach to widen Pacific Coast Highway into Seal Beach? Mr. Whittenberg said no, Measure M provides additional funds for cities to perform maintenance of existing roads, not for widening roads. It would allow for such things as resurfacing, installation of handicapped ramps at intersections, or traffIc signal synchronization. Also, the City of Huntington Beach would not be able to force the widening of a street within the City of Seal Beach. I .' & 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 << 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 - . Pagel S - Planning Commission Minutes of May S, 1993 The Commission discussed mitigation of traffic impacts from Huntington Beach's proposal to build 5,000 homes. Mr. Whittenberg advised that Orange County will process the project and will be issuing a new EIR for public review and comment. Commissioner Soukup asked if the League of California Cities, Orange County Division, gets to comment on that EIR? Mr. Whittenberg said he didn't know what the League mayor may not do. The Measure M program is different from the EIR and the League may not take a position in responding to EIRs on specific projects. Staff will review that issue with the League. Staff would welcome the League's comments on the EIR. Public Hearing Chairman Fife opened the Public Hearing. No one in the audience came forward. The Public Hearing was closed. Commission Comments Commissioner Dahlman suggested a change to the definition "Deficient Intersection List" at page 20 of the staff report. He suggested it read "Deficient Intersection List shall enumerate existing intersections not meeting the established ...". Mr. Whittenberg said staff had no objection to this change. MOTION by Sharp; SECOND by Fife to approve Resolution #93-30, recommending to the City Council approval of amendments to the Growth Management Element of the Seal Beach General Plan (General Plan Amendment #93-1). MOTION CARRIED: AYES: 5-0-0 Sharp, Fife, Dahlman, Soukup, Law *** ORAL COMMUNICATIONS There were no oral communications from the audience. STAFF CONCERNS Mr. Whittenberg advised that an appeal has been filed on the BJ's Chicago Pizza application. It has been scheduled for a Public Hearing at the City Council meeting of May 24, 1993. Mr. Whittenberg said Mr. Curtis will be in Europe on vacation for several weeks. COMMISSION CONCERNS Rum Runners Property Commissioner Sharp stated he received a communication about the Rum Runners property on Pacific Coast Highway. He asked if the property was up for sale, to be developed as it was .. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 << 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 - . ..., . . J.. 'I I . Page 6 - Planning Commission Minutes of May S, 1993 granted or if the property was up for sale lot-by-lot? Mr. Whittenberg said he had not received any communication in this regard. The approved zoning of the property allows for single family homes to be built on the interior lots and the three lots along Pacific Coast Highway to be commercially developed. Any changes to this would require new Public Hearings before the Planning Commission and City Council for approval. The approvals go with the property not with the owner. Transferability of Alcohol-Related Land Use Entitlements Commissioner Dahlman referenced a communication on the Leisure W orId Market, stating there are new owners for the market and the previously approved land use entitlement to sell alcohol will transfer without Planning Commission review. He expressed his concern that approvals could be granted to one individual and then, upon sale of the business, automatically transferred to another person without review by the Planning Commission. Mr. Whittenberg said most California cities are troubled in regard to transferrability of land use entitlements, particularly with establishments selling alcohol. The States' court system decided land use approvals run with the property itself and not with a particular owner or operator. Mr. Whittenberg added that when the Commission makes a decision on, for example a CUP, they determine if the use of a property is compatible or non-compatible with an area. When a transfer of an ABC license is initiated, the ABC provides the City with that information. The City of Seal Beach asks the Police Department to do a background check on the proposed operator. If items in the individual's past history cause concerns to the City, we will raise those issues with the ABC during the time they are reviewing the license transfer. ABC is very responsive to the concerns of cities and citizens. Use of Resolutions Commissioner Dahlman asked if there is a loophole where, by chance, an application is denied after a Public Hearing and the resolution falls through the cracks and doesn't come back to the Commission, can the applicant then claim the time limit has elapsed and his application is automatically approved? Mr. Whittenberg said this would have to be reviewed with the City Attorney's Office. But his feeling was probably not because the Commission is on record for taking an action to approve/deny a request. Also, staff is very thorough in this regard, to ensure that the necessary resolutions are presented to Commission consideration. ADJOURNMENT Chairman Fife adjourned the meeting at 8:30 p.m. Respectfully Submitted, qo~c-~ Joan Fillmann Recording Secretary APPROVAL: The Planning Commission Minute~f May 5, 1993 were approved by the Planning Commission on May B.:, 1993. ~