The URL can be used to link to this page

Home My WebLink AboutPC Min 1997-03-05 ( , ( e ( e .(3 CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for MARCH 5, 1997 7:30 P.M. · City Council Chambers 211 Eighth Street, Seal Beach, CA 90740 Next Resolution: 97-6 I. PLEDGE OF ALLEGIANCE ll. ROLL CALL ill. AGENDA APPROVAL By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the agenda; (b) Re-arrange the order of the Agenda; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. IV. ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Planning Commission, provided that NO action or discussion, may be undertaken by the Planning Commission unless otherwise authorized by law. V. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning Commission, staff or the public requests a specific item be removed from the Consent Calendar for separate action. 1. Approve Planning Commission Minutes of February 19, 1997 2. Receive and File: StatTReport, dated February 24, 1997, to City Council from Lee Whittenberg, re: Seal Beach Naval Weapons Station Installation Restoration Program - Status Report re: All Installation Restoration Sites. 3. Receive and File: City letter, dated February 19, 1997, to Department of the Navy, re Focused Site Inspection Report/or Operable Unit 4 and 5, Seal Beach Naval Weapons Station. . The City of Seal Beach complies with the Americans With Disabilities Act of 1990. Should you need assistance to attend or participate in this meeting. please telephone the City Clerk's Office at (562) 431-2527. .. ~ ( .e . . 4 City of Seal Beach Planning Commission Agenda · March 5, 1997 VI. SCHEDULED MATTERS VIT. PUBLIC HEARINGS 3. Variance 93-1 Address: Applicant: Property Owner: Request: [Continued from February 5, 1997] 212 Main Street City of Seal Beach Jim Klisanin Consider revocation of Variance 93-1 for lack of payment of required in-lieu parking fees. The Commission allowed the property to vary from parking requirements for a total of 18 off-street parking spaces. Receive and File staff report. Take no action on revocation. Recommendation: VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT The City of Seal Beach complies with the Americans With D~bilities Act of 1990. Should you need assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (562) 431-2527. , City of Seal Beach Planning Commission Agenda * March 5, 1997 . DATE ACTION 1997 AGENDA FORECAST ADDRESS NOTES March 19 Dr. Hood absent April 09 ZTA 97-1 Electric Vehicles April Oi9 Housing Element Revision 97-1 April 09 Hellman Ranch TENTATIVE April 23 May 07 May 21 June 04 June 18 July 09 Election Chairman & VC July 09 CUP 96-1 Seal Beach Mkt. 12 mos. Review ~ July 23 August 06 CUP 97-1 12147 SBB Review @ 6 mos. Yucatan Grill August 20 September 03 September 17 October 08 October 22 November 05 CUP 94-4 770 PCH BK - Indefinite November 19 December 03 December 17 ( .' The City of Seal Beach complies with the Americans With D9abilities Act of 1990. Should you need assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (562) 431-2527. . . . "'" J>\; City of Seal Beach Planning Commission Minutes of March 5, 1997 The regularly scheduled Planning Commission meeting of March 5, 1997 was called to order by Chairman Brown at 7:30 p.m. The meeting began in the City Council Chambers with the Salute to the Flag. ROLL CALL Present: Chairman Brown Commissioners Law, Sharp, Yost, Hood Also Present: Department of Development Services Barry Curtis, Associate Planner Absent: Lee Whittenberg, Director Craig Steele, Assistant City Attorney Joan Fillmann, Executive Secretary AGENDA APPROVAL MOTION by Sharp; SECOND by Law to approve the Agenda as presented. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Law, Brown, Yost Hood ORAL COMMUNICATIONS - None CONSENT CALENDAR MOTION by Sharp; SECOND by Law to approve the Consent Calendar as presented: 1. Approve Planning Commission Minutes of February 19, 1997; 2. Receive and File: Staff Report, dated February 24, 1997, to City Council from Lee Whittenberg re: Seal Beach Naval Weapons Station Installation Restoration Program - Status Report re All Installation Restoration Sites. 3. Receive and File: City letter, dated February 19, 1997, to Department of the Navy, re Focused Site Inspection Report for Operable Units 4 and 5, Seal Beach Naval Weapons Station. Commissioner Hood arrived at 7: 35 p.m. . '. . City of Seal Beach Planning Commission Minutes of March S, 1007 ~, MOTION CARRIED: AYES: 5-0-0 Sharp, Law, Hood, YOSt, Brown SCHEDULED MATTERS - None PUBLIC HEARING 4. Variance 93-1 212 Main Street Staff Report Planning Commission review ofthis matter was continued from the February 5, 1997 meeting. The applicant, the City of Seal Beach, requested review of Variance 93-1for revocation due to lack of payment of required in-lieu parking fees. Mr. Curtis delivered the staff report and stated that on February 21, 1997, Mr. Klisaninn submitted a check to the City of Seal Beach in the amount of$14, 600, which amounted to two years payment of in-lieu parking fees. One month ago Mr. Klisanin presented another check for $7, 300. He is currently up to date on his payments and his next payment will be due in July 1997. The check for $14,600 has not cleared and because of this, staff recommends continuance to the April 9, 1997 Commission meeting. Public Hearing The Chair re-opened the Public Hearing. There was no one present to speak. The Chair continued the Public Hearing on Variance 93-1 to April 9, 1997. Chairman Brown read several sections from the Development Agreement and referenced Resolution No. 93-38. The sections read all referenced a future, more permanent agreement that may result in further costs per space. Section 5.G says the applicants will be required to participate in the City's in-lieu parking program as it currently exists or as it may be amended in the future. He noted the parking program was changed in the Main Street Specific Plan. Mr. Curtis said these comments will be noted and addressed on April 9tl1. Chairman Brown said Section 5 of the Development Agreement, addressing Traffic and Parking Mitigation contributions, at paragraph 5, said ... in addition to these amounts the owner may be required to pay additional in-lieu parkingfees pursuant to Section 6 ... Section 6: In the event that future action by the City Council results in further costs per space, owners shall be entitled to a credit of $36,500. He felt it was the full intention of this Development Agreement to have the property owners pay the increased amount if the parking space fees were increased. Mr. Curtis said the City Attorney will have to research the credits against the fees and whether this carries over or not. Commissioner Sharp noted this Development Agreement was written prior to the Main Street Specific Plan being in place. -2- . . . ~ City of Seal Beach Planning Commission Minutes of March 5,1007 ~ Chairman Brown agreed, but noted the multiple references to the Main Street Specific Plan in the Development Agreement and the clear-cut language stating that if the fees are increased the owners will have to pay the higher fees. Referencing paragraph 7, Chairman Brown said there was a $5,000 fee to purchase a maximum of six street trees for the Main Street area. He asked was this fee paid? Were the trees planted and where? Mr. Curtis said he would check into this. Commissioner Hood said the default position on this issue is we '/llet them keep the agreement in force and the use permit will continue to function until the Planning Commission takes action. Instead of the default position being the continuation of the use permit, the default position should be the revocation of the use permit. A resolution should be automatically prepared for Planning Commission consideration should there be a failure to uphold both sides of the agreement. "We're not talking just about this applicant. We're talking about others in the future, too. And for whatever reason that was not done, whether it is practical or political. In this particular case it slipped through the cracks. Now, perhaps, let us say that this was due to a request by a former City Manager, or something like that, I think that the appropriate action needs to be taken by our elected representatives, who are the City Council people. I think we need to place the appropriate tools in their hands to ensure something like this doesn't happen again. If it does happen again, there should be a particular neck that you can look for for the ax to fall upon. Not necessarily someone in the ranks, but perhaps someone who makes a political decision not to press this. And so, I would appreciate it if the City staff would look at the possibility of having the default position being an automatic revocation or automatic resolution to revoke a permit should the applicant not satisfy the conditions of the permit. Thank you". STAFF CONCERNS - None COMMISSION CONCERNS - None ADJOURNMENT The Chair adjourned the meeting at 8:10 p.m. Staff indicated there are no items on the March 19th agenda and Commissioner Hood will not be present at that meeting. Respectfully Submitted, C\o~. - ~ Joan Fillmann,Executive Secretary Department of Development Services 1 1 APPROVAL: These Minutes were approved by the Planning Commission on J.l -C\, 1997.-* -3-