HomeMy WebLinkAboutPC Min 1993-10-06
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REVISED AGENDA
CITY OF SEAL BEACH
PLANNlNG COMMISSION MEETING
AGENDA of OCTOBER 6, 1993
7:30 P.M. * City Council Chambers
211 Eighth Street, Seal Beach, CA
Next Resolution: #93-47
I. PLEDGE OF ALLEGIANCE
ll. ROLL CALL
ill. CONSENT CALENDAR
1. Minut.es of September 22, 1993
IV. SCHEDULED MATTERS
2.
Staff'Rep0l1: 1993 Regional Mobility Discussion Document - Proposed
1993 Regional Comprehensive Plan (RCP) - SCAG.
3. Determination of P."oper Zoning (Pumpkin Patch)
4. Staff Rep0l1: Request for initiation of General Plan and Zoning
Amendments - 99 and 101 Madna Drive.
v. PUBLIC IIEARlNGS
5 . MinOl" Plan Review #93-7
Add."ess: 46 Riversea Road
Applicant: Jacl< Battersby
P."ope.1y Owne.": Bill Dawson
Request: A."chitectUl"al review of a two-stOl"y cabana at 46
Rive."sea Road.
VI. ORAL COMl\1UNICATIONS
VII. STAFF CONCERNS
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COl\1MISSION CONCERNS
IX. ADJOURNMENT
1993 AGENDA FORECAST:
STAFF REPORTS PENDING: NOT AGENDIZED
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CUP #93-
1005 PCH/Te4~s."~ll;fg~rs
ACTION: CUP needed for video games.
STATUS: Waiting for applicant to finalize application since
latter part of July; City Attorney to contact.
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ZT A #92-2
Entertainment . Cafes
ACTION: City-wide policy statement on entertainment.
STATUS: Pending City Manager's input.
CrestvIew l~atio ':$'etbacks
ACTION:' 'ZTA needed.
STATUS: Director to prepare staff report.
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ZT A # --
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CUP #92-1
901 Ocean/Tootsie's
ACTION: Needs 12 mos. review for Poretti.
STATUS: Restaurant apparently closed. Will not hold any
hearing until new owner goes in. Poretti's notified
by letter.
1993
OCT 20
CUP #92-7/UNOCAL/99 Marina Dr. (Continued from 7-21-93)
YAR #93-7/A-104 Surfside
NOY 03
NOY17
CUP #92-19/Clancy's 12 mos. review
CUP #92-13/Papillon's @ 8 mos.lentertainment
CUP #92-20/148 Main St./John's Food King/ABC
[Review CUP #92-13 & CUP #92-20 at same meeting].
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DEC 08
Page 3 - Seal Beacb Planning Clllllllli..ion Al:cndu lilr Odubcr 6. 1993
DEC 22
1994
J AN 05
JAN 19
FEB 09
FEB 23
MAR 09
MAR 23
APR 06
APR 20
MAY 04
MAY 18
JUN 08
JUN 22
JUL 06
JUL 20
A UG 03
AUG17
SEP 07
SEP 21
OCT 05
OCT 19
NOV 09
NOV 23
DEC 07
DEC 21
CUP #92-22/322 Main/Nip'n Stuff/12 mos. review/ABC
CUP #92-24/1400 PCH/Glider Inn/12 mas/ABC
CUP #92-26/3001 Old Ranch Pkwy/Tortilla Beach/12 mas/ABC
CUP #92-13/Papillon's @ 8 mos.lentertainment
CUP #93-2/901 Ocean/Kinda Lahaina @ 12 mas/ABC
CUP #92-19/Clancy's @ 12 mos/indefinite extension
CUP #92-13/Papillon' s @ 12 mos.lindefinite extension for entertainment.
Election of Chairman & Vice Chairman
CUP #92-2/101 Main/SeaSide Grill/Review hours extension.
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CITY OF SEAL BEACH
PLANNING COMMISSION MEETING
NUNUTESofOCTOBER6,1993
Chairman Dahlman called the regularly scheduled Planning Commission meeting of October 6,
1993 to order at 7:30 p.m. in City Council Chambers.
I.
PLEDGE OF ALLEGIANCE
Commissioner Sharp led the Pledge of Allegiance.
ll. ROLL CALL
Present:
Chairman Dahlman
Commissioners Law, Campbell, Sharp
Absent:
Commissioner Soukup
Also
Present:
Department of Development Services:
Craig Steele, Assistant City Attorney
Lee Whittenberg, Director
Barry Curtis, Administrative Assistant
Joan Fillmann, Executive Secretary
Motion by Sharp; Second by Dahlman to grant an excused absence to
Commissioner Soukup as he is away from the City on business.
MOTION CARRIED:
AYES:
ABSENT:
4-0-1
Sharp, Dahlman, Law, Campbell
Soukup
ill. CONSENT CALENDAR
1. Minutes of September 22, 1993
Motion by Sharp; Second by Law to approve the Planning Commission
Minutes of September 22, 1993 with the following two corrections:
Page 5, Line 6:
Page 6, Line 1:
Delete "not"
Change "feels" to "feel"
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Sharp, Law, Campbell, Dahlman
Soukup
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SCHEDULED MATTERS
2. Staff Report: 1993 Regional Mobility Discussion Document - Proposed
1993 Regional Comprehensive Plan (RCP) - SCAG.
Staff Report
Mr. Whittenberg presented the staff report. [Staff report on me in the
Planning Department]. He indicated this report was presented to the City
Council on September 27th, at which time they approved a letter to be
sent to SCAG. Council instructed staff to provide this letter to the
Planning Commission and Environmental Quality Control Board for
information.
MOTION by Sharp; SECOND by Law to receive and file this staff
report.
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Sharp, Law, Campbell, Dahlman
Soukup
***
3. Determination of Proper Zoning (Pumpkin Patch)
Staff Report
Mr. Curtis presented the staff report. [Staff report on file in the Planning
Department].
Commission Ouestions on Staff Re.port
The Commission asked if the pumpkins were growing stock or was this
a retail business? Mr. Curtis said this will be a retail business, like a
Christmas tree lot. Staff recommended changing the municipal Code to
allow pumpkin patches in the section dealing with Christmas trees. The
section would be amended because there are specific dates for tree lots
and pumpkin patches don't fall under those dates. The tree dates allow
for a 45 day use between the dates of November 1st and January 1st.
Motion by Sharp; Second by Law that a pumpkin patch is acceptable
and similar in nature to the Christmas tree lot use, and recommends
staff begin a review to amend the zoning code and 111-66 of the ~
to include pumpkin sales, limiting the zones and dates for use; this
would be a Public Hearing. The recommendation would be forwarded
to the City Council for consideration.
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Sharp, Law, Campbell, Dahlman
Soukup
Page 3 - Seal Beaeh I'IaJmiJJg CommlssloD MlDutes or October 6. 1993
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Staff Report: Request for initiation of General Plan and Zoning
Amendments - 99 and 101 Marina Drive.
Staff Report
Mr. Whittenberg delivered the staff report. [Staff report on file in the
Planning Department]. This matter is brought to the Planning
Commission to allow the Commission, by Motion, to instruct staff to
proceed with consideration of a General Plan amendment and a zone
change for the Unocal/Exxon properties. Staff is seeking this approval
and if received would schedule the necessary Public Hearings to change
the land use and zoning designations from Oil Extraction to Low Density
Residential, for the areas now physically occupied by the Exxon and
Unoca1 facilities, and Public Land Use for the southerly portion of the
property, allowing for park and recreation uses currently established. All
property owners within 300' will receive a Notice. After the Planning
Commission receives public testimony at their Public Hearings, the City
Council will hold Public Hearings. Staff has discussed this issue with
Unocal and Exxon representatives and both understand that at some time
the land uses in that area will change and that their facilities will not be
allowed. The representatives indicated the estimated life of the fields that
are now producing oil off-shore is between fifteen to twenty years. The
City is looking to allow those uses to remain for a certain time to allow
amortization of their current investments and property uses. Any new
development would have to meet the new zoning requirements. An
environmental review will need to be done. The City would prepare an
Initial Study for circulation along with a mitigated Negative Declaration
or an Environmental Impact Report. These documents would come before
the Planning Commission for Public Hearings; approximately after
January 1, 1994.
Commission Ouestions on Staff Report
Commissioner Sharp asked staff if this request is a taking or condemnation
of this property? At the present time the land is privately owned. The
park is leased by the City.
Mr. Steele said no. With regard to the park itself, once there's an
existing use it can be zoned as open space or PLU without that being a
taking or condemnation. With regard to the facilities, the amortization
period would allow the owners to get their economic investment out.
Page 4 . Seal Beach I'tanniDg Commission Minutes of October 6, 1993
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Commissioner Sharp said the City is only leasing the property, the City
is not an owner. How does a lessee have the right to change the zoning
on it?
Mr. Whittenberg replied that the City's informal discussions with the
representatives from Exxon (the underlying property owner) revealed
Exxon is aware that at some future time, if they were to propose to
develop residential uses on the property, the City has required park
dedication fees. Exxon's feeling is that the existing park would be
dedicated to the City to meet the park dedication fees for any future
residential development.
MOTION by Sharp; SECOND by Law to instruct staff to proceed
with the initiation of a General Plan amendment and Zone Change for
the properties known as 99 and 101 Marina Drive, Seal Beach.
MOTION CARRIED:
AYES:
ABSENT:
4-0-1
Sharp, Law, Dahlman, Campbell
Soukup
***
PUBLIC HEARINGS
5 .
Minor Plan Review #93-7
Address:
Applicant:
Property Owner:
Request:
46 Riversea Road
Jack Battersby
Bill Dawson
Architectural review of a
cabana at 46 Riversea Road.
two-story
Staff R~ort
Mr. Curtis delivered the staff report. [Staff report on file in the Planning
Department]. Mr. Curtis indicated this should have been Noticed as a Consent
Calendar item instead of a Public Hearing. The applicant proposes to construct
a second story over his existing trailer; 978 square feet would be added by the
second story. The semi-circular window's location conflicts with the municipal
Code requirements because it's located 20' above grade. The window needs to
be relocated under 20' above grade or totally removed. Otherwise, the proposed
cabana meets municipal ~ requirements.
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Page 5 - SeIIl Beach Planning Commission Minutes or October 6, 1 \l93
Commission Ouestions on Staff Rtalort
The Commission asked to comment on the color scheme of the cabana; nothing
is noted in the staff report.
The Commission discussed the municipal Code's requirement for windows to be
less than 20' above grade, asking why this requirement is in place.
Staff explained they were not certain why this requirement was placed in the
municipal ~. In any house in the City a window can be placed at that height.
Commissioner Sharp asked to hear from the applicant; there was no Commission
objection.
John Battersby * 46 Riversea Road. Seal Beach
Mr. Battersby agreed to lower the window in question, stated the color of the
cabana would be peach and the roofing is a dark composition material.
MOTION by Sharp; SECOND by Law to approve Minor Plan Review #93-7,
through the adoption of Resolution No. 93-47, subject to the six (6)
Conditions of Approval outlined in the staff report, and with the addition of
the following two (1) Condition of Approval:
7. The exterior stucco be a peach color with color chips being
submitted to the Department of Development Services for
approval by the Director of Development Services.
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Sharp, Law, Dahlman, Campbell
Soukup
***
VI.
ORALCO~CATIONS
There were no oral communications from the audience.
VII.
STAFF CONCERNS
Development Agreement * 212 Main Street * Masonic Lodge Property
Director Whittenberg advised this matter was tabled at the September 22nd
Planning Commission meeting. This matter will be brought back to the
Commission for consideration on Wednesday, October 20, 1993.
Page 6 - Seal Beach l'Ianaiog CollUllissloD MlDDtes of October 6, 1993
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MOTION by Sharp; SECOND by Dahlman to schedule the Development
Agreement for Variance #93-1 for the October 20, 1993 Planning Commission
meeting.
MOTION CARRIED:
A YES:
ABSENT:
4-0-1
Sharp, Dahlman, Law, Campbell
Soukup
***
Main Street Specific Plan: Consultant Interviews on October 18. 1993
Director Whittenberg said the consultant proposals for the Main Street Specific
Plan preparation have been received. On October 18th, nine firms will be
interviewed by a City panel which consists of Chairman Dahlman, Vice-Chairman
Soukup, Mayor Forsythe, Councilmember Hastings, EQCB members Voce and
Nakagawa. The recommendation from that panel will be considered by the City
Council on October 25th or November 8th.
Chairman Dahlman questioned the closed interview sessions, asking if this
interview process could be attended by the public? Mr. Whittenberg said no, the
interview sessions are closed. Chairman Dahlman asked if the Planning
Commission and City Council members could attend? Mr. Whittenberg said no,
only two members could be present due to Brown Act legislation. He added that
the panel's recommendation would be forwarded to the City Council and the City
Council will select the firm. A chance for Commission input would be possible
at the Public Hearings for the actual work product but not on the actual selection
itself.
COMMISSION CONCERNS
Leaning Brick Wall at Lampson Avenue
Commissioner Sharp said he had been informed the brick wall had been deeded
to the City of Seal Beach. Mr. Whittenberg indicated he did not deal with this
issue directly, the City Manager's Office did. However, it appears portions of
this wall are in Seal Beach and portions are in the unincorporated Orange County
area. The newspapers have indicated the City Manager is going to be presenting
to the City Council on October 11 th a request for authorization to demolish those
portions of the wall that are within Seal Beach's jurisdiction. A map may be
included in this request.
Noise at DWP or SCE Plants
Commissioner Law said that on Friday, September 24th a shrill whistle could be
heard for twenty-four hours. She could not determine if the noise was coming
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Page 7 . Seal Beach I'IlmDiDg COmmissioD MiDules of October 6, 19!13
from the DWP area or the SCE power plant. Staff will investigate and report
back.
IX.
ADJOURNMENT
Chairman Dahlman adjourned the meeting at 8:10 p.m.
Respectfully Submitted:
~o~~
Joan Fillmann
Recording Secretary
APPROVAL: The Planning Commission Minutes of October 6, 1993, were
approved on October 20, 1993.~