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HomeMy WebLinkAboutPC Min 1997-08-20 \ ,. . . e . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for August 20, 1997 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA 90740. Next Resolution: 97-20 I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. AGENDA APPRO V AL 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 is 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 the Planning Commission may undertake no action or discussion 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 August 6, 1997 2. Minor Plan Review 97-1 for 809 Ocean, Units 3 and 4 Applicant: Lynda Dawson Request: To extend an existing second-story, side yard balcony at each of the rear units (Units 3 and 4) at 809 Ocean Avenue. ., The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting; thank you. , . City of Seal Beach Planning Commission Agenda * August 20, 1997 e 3. Minor Plan Review 97-3 for 809 Ocean, Units 1 and 2 Applicants: Fred Santi, Rick and Diana Fox Request: To add a 238 square foot roof deck to each of the front units (Units 1 and 2) at 809 Ocean A venue. 4. Resolution No. 97-19 for 13960 Seal Beach Boulevard Approving an Indefinite Extension for CUP 96-1 at the Seal Beach Market VI. SCHEDULED MA TIERS VII. PUBLIC HEARINGS 5. Variance 93-1 [Continued from May 7, 1997] Address: 212 Main Street Applicant: City of Seal Beach Request: To ensure the property owner paid in-lieu parking fees and deposit for street landscaping. VIII. STAFF CONCERNS VIII. COMMISSION CONCERNS . IX. ADJOURNMENT e 2 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance ofthe meeting; thank you. City of Seal Beach Planning Commission Agenda * August 20, 1997 . 1997 AGENDA FORECAST DATE ACTION ADDRESS NOTES Not Joint Study Session Main Street Specific Plan Scheduled CC & PC Design. Not CUP 97-7 3900 Lampson Avenue Scheduled Marriott Senior Living Services facility Note: Waiting payment. Not Scheduled ZC 97-1 941 PCH (Billiard Parlor) Note: Waiting payment for Negative Dec. SEP 03 CUP 97-8 308 & 310 Ocean/Major RemodeVSears for Steffensen GPA 96-2 TENT A TIVE: Hellman Ranch ZC 96-2 TENT A TIVE: Hellman Ranch SEP 17 OCT 08 OCT 22 . NOV 05 CUP 94-4 770 PCH Burger King indefinite extension. NOV 19 DEC 03 DEC 17 . 3 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance ofthe meeting; thank you. 1997 Resolutions List . Res # Case # Address 97-1 CUP 96-4 236 5th Street 97-2 MPR 96-7 236 5th Street 97-3 ZT A 96-8 Separation of 2-story Cabanas 97-4 MPR 96-8 46 Riversea 97-5 CUP 97-1 12147 Seal Beach Blvd./ABC @ Yucatan 97-6 VAR 97-1 206 Ocean (Overhang for Johnson's) 97-7 HV 97-1 116 14th Street (CRAS for Ulmer) 97-8 ZTA 97-2 Covered Roof Access to Open Roof Decks. 97-9 ZTA 97-1 Eaves & BalconieslDistrict 1 97-10 CUP 97-5 210 1st St.IDiMare's addition to duplex. 97-11 CUP 97-6 220 CentraIlHagerty's major add SFD 97-12 HV 97-2 309 16th St.lLoya's CRAS 97-13 CUP 97-4 1700 Pacific Coast HighwayNet Clinic 97 -14 PM 96-182 3900 Lampson Ave.IDivide tennis club 97-15 CUP 97-1 12147 SBB/Yucatan/Patio etc. 97-16 ND 97-2 Safety Element Revision 97-1 . 97-17 Honoring Jim Sharp, Planning Commissioner 97-18 Housing Element Revision 97-1 97-19 CUP 96-1 Indefinite Extension/Seal Beach Market . . . r . i" r' . . e'., City of Seal Beach Planning Commission Minutes of August 20, 1997 Call to Order The regularly scheduled Planning Commission meeting of August 20, 1997 was called to order by Chairman Brown at 7:30 p.m. in City Council Chambers. The meeting began with the Salute to the Flag. Roll Call Present: Chairman Brown Commissioners Yost, Law, Hood, Larson Also Present: Department of Development Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Associate Planner Joan Fillmann, Executive Secretary The Chair welcomed newly appointed District 2 Planning Commissioner John Larson. Aaenda ADDroval, MOTION by Hood; SECOND by Yost to approve the agenda, with the extraction of items #2 and #3 for separate discussion, as suggested by staff. MOTION CARRIED: AYES: 5-0-0 Hood, Yost, Larson, Law, Brown Oral Communications There were no oral communications from the audience. Chairman Brown read Resolution No. 97-17, honoring outgoing District 2 Planning Commissioner Jim Sharp for eleven years of service on the Planning Commission. Mr. Sharp kindly corrected the resolution to note it was Edna Wilson, not Joe Hunt, who appointed him to the Commission. Councilperson George Brown spoke and honored his appointee. Director Whittenberg presented a gift from the Commission and staff, noting a cartoon drawn by Riley Forsythe. MOTION by Brown; SECOND by Hood to approve Resolution No. 97-17 MOTION CARRIED: AYES: 5-0-0 Brown, Hood, Larson, Law, Yost . City of Scal Bcach Plamung Dcpartment * Minutes of August 20, 1997 Consent Calendar The Commission determined to discuss each item separately and take separate votes on each. 1. Approve Planning Commission Minutes of August 6, 1997 MOTION by Hood; SECOND by Law to approve the Planning Commission Minutes of August 6, 1997 as presented. MOTION CARRIED: AYES: ABSTAIN: 4-0-1 Hood, Law, Yost, Brown Larson 2. Minor Plan Review 97-1 for 809 Ocean Avenue, Units 3 and 4 Minor Plan Review 97-1 requests approval to extend a second story, side yard balcony at each of the two rear units at 809 Ocean Avenue. [Staff report on file in the Planning Department for review]. Mr. Curtis explained staff received a telephone call from Jean Maudlin Fisher who owns the property at 112 8th Street. Ms. Fisher said she was concerned with both applications, feeling the approval of either of these requests would result in the loss of her last remaining ocean view. Staff found the site to be 60' east of Ms. Fisher's residence and not within view of her residence. Staff concluded she might have mistaken this for the condo project directly in front of her residence. e MOTION by Hood; SECOND by Law to approve Resolution No. 97-20, thus approving Minor Plan Review 97-1 for 809 Ocean Avenue, Units 3 and 4. MOTION CARRIED: AYES: ABSTAIN: 4-0-1 Hood, Law, Yost, Brown Larson 3. Minor Plan Review 97-2 for 809 Ocean Avenue, Units 1 and 2 MOTION by Hood; SECOND by Law to approve Resolution No. 97-21, thus approving Minor Plan Review 97-2 for 809 Ocean Avenue, Units 1 and 2. e MOTION CARRIED: AYES: ABSTAIN: 4-0-1 Hood, Law, Yost, Brown Larson 2 . , . e e e City of Seal Beach Plamung Department * Minutes of August 20, 1997 4. Resolution No. 97-19 for 13960 Seal Beach Boulevard Indefinite Extension for Alcohol Sales at the Seal Beach Market Chairman Brown said he would be voting against approval of this resolution because the Seal Beach Market does not have a Department of Alcoholic Beverage Control (ABC) #21 Off-Sale General license and thus has never sold distilled spirits. He felt it was not right for the Planning Commission to approve an indefinite extension of a CUP which has not sold distilled spirits and. has not had a probationary period on such sales. MOTION by Law; SECOND by _ to approve Resolution No. 97-19. MOTION for approval died for lack of a Second. Mr. Steele indicated the Planning Commission needs to take some final action on this matter, noting there could be a Permit Streamlining Act problem at some point. Commissioner Hood said he would prefer to revisit this application six months after the market had been selling distilled spirits. He explained the Commission had previously been told this might not be possible without the market's having to reapply and pay the fees again. He did not think this procedure was fair and he preferred waiving the fees at a later date. Mr. Steele said that during the prior discussion on this application, he suggested the Commission direct staff to notify the Commission when the ABC license was granted to the market. At that point, staff would start a one-year clock ticking and notify the Commission at the end of one year. The Commission could then determine whether they wanted to consider the application at that time. He advised the Commission they have the right to revoke a CUP if problems arise or conditions of approval are not met. Also, some Commissioners expressed a dislike that this applicant would have to pay the CUP fees again. The Chair asked if the Commission can continue this to six months after they actually begin to sell distilled spirits? Mr. Whittenberg suggested that if the Commission were looking at a six months review period rather than a one-year review period, they could . modify Condition #17 on page 5 of the resolution. Chairman Brown said that would not cure the problem. The problem is the Planning Commission wants to approve something with a probationary period --- to see if there are any problems. Because the market has not sold distilled spirits the Commission has no idea if there will be any problems. 3 Cily of Seal Beach Plamung Department * Minutes of August 20, 1997 e Chairman Brown said it's much easier to give than to take away. It would be much more difficult to take away a CUP than to grant an indefinite extension. If it's solely a question of money, how could they work around that? Mr. Whittenberg said staff has given the Commission their suggestions. The other option would be to deny the application. Chairman Brown said if the market was sold, new owners could buy it because the site had a City permit to sell distilled spirits. If there were problems with a new operation the City could have problems. Mr. Steele noted a new owner would have to have the proper ABC license to sell off-sale-distilled spirits. Mr. Whittenberg said the Seal Beach Market. has been operating successfully and without problems for some time; they have an off-sale beer and wine license.. They made this application in anticipation of being able to acquire the distilled spirits license. They have been unable to acquire it and that's why the Planning Commission is in this quandary. e Commissioner Yost said he didn't think any of the Planning Commissioners wanted to grant 'an indefinite extension for this site. Each Commissioner had a concern about the market selling distilled spirits without an adequate probation period. The Commission was making an attempt to be friendly to the business such that they would not be charged large fees for their application. If there isn't a way, there isn't a way and they will have to resubmit their application. Mr. Steele said staff is not advocating one approach over another. At the time the issue came up, staff was asked for a way to help the market avoid an additional Public Hearing. This was the most creative way staff could find because, the Planning Commission does not have the authority to waive fees. Commissioner Yost said approving this would create a precedent, one which the City does not want to set. Mr. Whittenberg said that is why he suggested changing Condition #17. If the time period was changed from the time they get the license from ABC to a six months time when staff notifies the Commission that would achieve the Commission's standard review period. e Commissioner Yost noted that would still be an approval, an indefinite extension. 4 City of Seal Beach Planning Department * Minutes of August 20, 1997 e Mr. Steele, addressing precedential concerns, said this is a limited fact situation. You have an existing beer and wine license which has been in place for a good amount of time. The market has been in compliance with its CUP. Some Commissioners felt comfortable in taking the suggested approach because there was a track record of an ABC license. This is an upgrade, not a new license. The only precedential value would be in that situation where you have a beer and wine license that is being upgraded to a distilled spirits license. Chairman Brown disagreed with Mr. Steele, saying the Commissioners were entertaining the suggested approach solely to avoid cost to the applicant. It's not the Planning Commission's nor the City's fault that the market was unable to obtain an ABC license. Perhaps there's a way to suggest to the City Council that the fees be waived. Mr. Steele said there's always a possibility, at the end of the process, if the application was approved, that the applicant could appeal to the City Council to waive his fees. Staff is trying to meet what it was asked to do at the last meeting on this issue. Staff is not advocating one approach over another. e MOTION by Yost; SECOND by Hood to deny Resolution No. 97-17, thus denying an indefinite extension for CUP 96-1. And asking staff to submit a request to the City Council to waive the City application fees should this applicant obtain an ABC license for the selling of distilled spirits and the application comes back to the Planning Commission. MOTION CARRIED: AYES: 5-0-0 Yost, Hood, Larson, Law, Brown Commissioner Larson asked about the Council's authority to waive fees. Mr. Steele explained the City Council has the authority to waive local fees. The Planning Commission has not be given that authority. Staff will return with a new resolution on this matter at the September 3rd meeting. Scheduled Matters There were no scheduled matters. e 5 e . ",I "e City of Seal Beach Planning Department * Minutes of August 20, 1997 Public tfearinas 5. Variance 93-1 212 Main Street Continued Public Hearing from May 7, 1997 Staff Report The required parking fees for Variance 93-1 were not paid. The Commission continued this matter to be sure the applicant complied with this year's fee payment and a $5,000 deposit for street landscaping. The applicant has now done this. One $7,300 payment, the fifth of five payments, will be due next July. Staff will advise the Commission once that fee has been paid. Because all fees are current, staff recommended the Commission take no action on this matter and let the proposed revocation die. Commission Questions on Staff Report There were no Commission questions. Public Hearina The Chair opened the Public Hearing. There were no persons wishing to speak for or against this matter and the Public Hearing was closed. Commission Comments Commissioner Hood said this is what the Commission has been talking about -- it says staff will advise the Commission once the fee has been paid. However, in the past, a former City Manager didn't bother collecting the monies and didn't bother advising the Commission. The City was doing without money it could have used. The Commission wants staff to advise the Commission at the due date whether or not the fees have been paid. They want to be told in either event. Mr. Curtis said suggested that staff return with a memo on the due date expressing the payment status and letting the revocation die. The Chair asked what it cost the City to get this money paid? Mr. Whittenberg said he had no idea because the work was done through the Finance Department. MOTION by Hood; SECOND by Law to request staff provide the Planning Commission with a report on the status of the payment (#5 of 5 required payments) by July 31, 1998. MOTION CARRIED: AYES: 5-0-0 Hood, Law, Yost, Larson, Brown 6 City of Scal Bcach PlalUung Dcpartmcnt * Minutcs of AUh'llst 20, 1997 . Mr. Steele advised the Commission's actions on items #2 and #3 are final tonight and the ten calendar-day appeal period begins to run tomorrow. Staff Concerns Mr. Whittenberg advised that at the Commission's next meeting, September 3, 1997, the Public Hearings on the Hellman Ranch application will begin. Staff will provide a lengthy staff report prior to the meeting. This will be a long meeting. Commissioner Concerns Commissioner Hood asked staff if they thought the Commission could get through the Hellman Ranch application in only one meeting? Mr. Whittenberg said that would depend on the public input the Commission's concerns. Historically an item of that nature will take more than one meeting to be considered. Chairman Brown asked if the monies for sand replenishment are still in the budget? e Mr. Whittenberg said he did not have a definite answer but believed the funds remained in the budget. He would report back at the next meeting. The City still needs a permit from the Coastal Commission to physically put the sand on the beach. The City hopes to g~t the permit in October and to put the sand on the beach in late October or early November. Commissioner Yost said he might be absent from the October 8th meeting due to a scheduled vacation. Commissioner Hood said he will be absent on September 1 ih. Adiournment The Chair adjourned the meeting at 8:07 p.m. Respectfully Submitted, ~ ~O~ , Joan Fillmann Executive Secretary Planning Department ---" e 7 . . - Developm!i!nt Services '. Memo To: Honorable Chainnan and Planning Commission From: Department of Development Services cc: Date: August 13, 1997 Re: Continued Public Hearing - Revocation of Variance 93-1 BACKGROUND At its May 7,1997 meeting, the Planning Commission continued the public hearing to consider a revocation of Variance 93-1 to its August 20, 1997 meeting. The continuation was to ensure the property owner paid the fourth installment of his in-lieu parking fees as well as a $5,000 deposit for street landscaping. . DISCUSSION On June 19, 1997 Jim K1isanin, the property owner, paid the $7,300 fourth installment of in-lieu parXing fees. On August 11, 1997, Mr. K1isanin paid the $5,000 deposit for street landscaping improvements on Main Street. This deposit is to be used for trees, decorative concrete treatments and/or additional benches in the vicinity of 212 Main Street. At the present time, all fees on the property are current. A final $7,300 installment on the in-lieu parking fees is due next July. Staff will advise the Commission once that fee is paid. RECOMMENDATION As all delinquent fees have been made current, staff recommends the Commission take no action on the proposed revocation of Variance 93-1. . Page 1