HomeMy WebLinkAboutPC Min 2008-10-08
CITY OF SEAL BEACH
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PLANNING COMMISSION
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Minutes of October 8, 2008
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7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, October 8, 2008. The meeting was
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9 held in the City Council Chambers and began with the Salute to the Flag.
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ROLL CALL
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13 Present: Chairperson Deaton, Commissioners DeLay, Eagar, and Massa-Lavitt.
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15 Also
16 Present: Department of Development Services
17 Lee Whittenberg, Director of Development Services
18 Jerry Olivera, Senior Planner
19 Steve Flower, Assistant City Attorney
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21 Absent: Commissioner Bello
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23 Mr. Whittenberg reported that Commissioner Bello had notified Staff that she would not
24 be in attendance at tonight’s meeting. He requested a motion to excuse her absence.
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26 MOTION by DeLay; SECOND by Massa-Lavitt to excuse Commissioner Bello from the
27 Planning Commission meeting of October 8, 2008.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, DeLay, Eagar, and Massa-Lavitt
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NOES: None
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ABSENT: Bello
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AGENDA APPROVAL
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36 MOTION by Massa-Lavitt; SECOND by Eagar to approve the Agenda as presented.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, DeLay, Eagar, and Massa-Lavitt
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NOES: None
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ABSENT: Bello
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These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of October 8, 2008
ORAL COMMUNICATIONS
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3 Chairperson Deaton opened oral communications.
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5 There being no one wishing to speak, Chairperson Deaton closed oral communications.
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CONSENT CALENDAR
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9 1. Receive and File: “The Zoning of Religious Institutions in the Wake of RLUIPA – A
10 Guide for Planners.”
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12 2. Receive and File: Overview – SCAQMD Proposed Rule 2301, Emission
13 Reductions from New and Redevelopment Projects.
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15 MOTION by Massa-Lavitt; SECOND by Eagar to approve the Consent Calendar as
16 presented.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, DeLay, Eagar, and Massa-Lavitt
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NOES: None
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ABSENT: Bello
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SCHEDULED MATTERS
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25 3. Approve Planning Commission Meeting Minutes of September 17, 2008.
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27 MOTION by DeLay; SECOND by Eagar to approve the Planning Commission Meeting
28 Minutes of September 17, 2008, as presented.
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MOTION CARRIED: 3 – 0 – 1 – 1
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AYES: Deaton, DeLay, and Eagar
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NOES: None
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ABSENT: Bello
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ABSTAIN: Massa-Lavitt
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36 4. Approve Planning Commission Meeting Minutes of October 1, 2008.
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38 MOTION by Massa-Lavitt; SECOND by DeLay to approve the Planning Commission
39 Meeting Minutes of October 1, 2008, as presented.
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MOTION CARRIED: 3 – 0 – 1 – 1
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AYES: DeLay, Eagar, and Massa-Lavitt
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NOES: None
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ABSENT: Bello
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ABSTAIN: Deaton
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City of Seal Beach Planning Commission
Meeting Minutes of October 8, 2008
PUBLIC HEARINGS
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3 5. Conditional Use Permit 05-13 (Indefinite Extension)
4 981 Pacific Coast Highway (Daily Grind)
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6 Applicant/Owner: Sharron Lipscomb / Regency Centers
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8 Request: Indefinite extension of Conditional Use Permit 05-13 allowing
9 a drive-through in conjunction with a retail coffee shop, an
10 outdoor dining area, and business hours commencing at
11 5:00 a.m. within the Service Commercial (C-1) Zone.
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13 Recommendation: Approval, subject to conditions, and adoption of Resolution
14 08-26.
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16 Staff Report
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18 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
19 He provided some background information on this item and noted that
Department.)
20 Conditional Use Permit (CUP) 05-13 was originally granted in December 2005 as part of
21 the approvals for the redevelopment of the Seal Beach Center. He stated that since the
22 opening of the Daily Grind under CUP 05-13, Staff has received one complaint from a
23 resident regarding a long queuing line at the drive-through in the early morning hours
24 before many of the stores in the center are open. He indicated that Staff has not
25 noticed a chronic problem with the business related to the drive-through operation and
26 understands the store manager has taken steps to alleviate the problem of long lines of
27 cars. He said that when he visited the site, he never observed more than 3 cars in the
28 drive-through queue. Staff has received no comments in response to the public notice
29 and recommends approval, subject to conditions.
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31 Commissioner Questions
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33 Commissioner Eager asked if there were on-site security or cameras at this location
34 during the early morning hours. Mr. Olivera stated that he is not aware of any external
35 video cameras or on-site security.
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37 Public Hearing
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39 Chairperson Deaton opened the public hearing.
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41 Brian Lipscomb stated that store staff have been instructed to not only take orders at
42 the window, but to go out to take orders from the customers waiting in the car queue.
43 Commissioner Eagar asked how many staff people work during the early morning
44 hours. Mr. Lipscomb reported that usually 3-4 staff people work this shift.
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City of Seal Beach Planning Commission
Meeting Minutes of October 8, 2008
1 Andrew Harris stated that he has never experienced a problem with prolonged waiting
2 in the queue lane when visiting the Daily Grind.
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4 There being no one else wishing to speak, Chairperson Deaton closed the public
5 hearing.
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7 Commissioner Comments
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9 None.
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11 MOTION by Eagar; SECOND by Massa-Lavitt to approve the Indefinite Extension of
12 Conditional Use Permit 05-13, subject to conditions, and adopt Resolution 08-26 as
13 presented.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, DeLay, Eagar, and Massa-Lavitt
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NOES: None
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ABSENT: Bello
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20 Mr. Flower advised that the adoption of Resolution No. 08-26 begins a 10-day calendar
21 appeal period to the City Council. The Commission action tonight is final and the
22 appeal period begins tomorrow morning.
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24 6. Conditional Use Permit 07-4 (Indefinite Extension)
25 1000 Pacific Coast Highway (Automotive Excellence)
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27 Applicant/Owner: Joseph Harris / George & Barbara Pearson
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29 Request: Indefinite extension of Conditional Use Permit 07-4 to allow
30 a vehicle towing operation as an accessory use to an
31 automotive repair business within the General Commercial
32 (C-2) Zone.
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34 Recommendation: Approval, subject to conditions, and adoption of Resolution
35 08-25.
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37 Staff Report
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39 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
40 He provided some background information on this item and noted that the
Department.)
41 applicant was originally granted Conditional Use Permit (CUP) 07-4 in March 2007 with
42 the stipulation that the applicant return before the Planning Commission (PC) after a
43 6-month period to ensure that there were no ongoing problems with the business
44 operation and its proximity to residential areas. He continued by stating that in October
45 2007 the applicant appeared before the PC and at that time there had been no violation
46 of the conditions of approval, nor had there been any ongoing noise or nuisance issues.
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City of Seal Beach Planning Commission
Meeting Minutes of October 8, 2008
1 A 12-month extension was then granted and the applicant was required to return at the
2 end of this period to request the indefinite extension of CUP 07-4. Mr. Olivera stated
3 that Staff is not aware of any problems or concerns with the operation of the business
4 and received no comments in response to the public hearing notice for the indefinite
5 extension of CUP 07-4.
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7 Commissioner Questions
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9 None.
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11 Public Hearing
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13 Chairperson Deaton opened the public hearing.
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15 Joseph Harris stated that he would be happy to respond to any questions from the
16 Commission. Chairperson Deaton asked if Mr. Harris is happy with the way things are
17 going. Mr. Harris reported that business is good. Commissioner Eager asked how
18 cars are handled after hours. Mr. Harris reported that cars are not towed to his shop
19 after business hours. Commissioner DeLay noted that Mr. Harris has done a good job
20 of getting along with neighbors of his business.
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22 There being no one else wishing to speak, Chairperson Deaton closed the public
23 hearing.
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25 Commissioner Comments
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27 None.
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29 MOTION by DeLay; SECOND by Eagar to approve the Indefinite Extension of
30 Conditional Use Permit 07-4, subject to conditions, and adopt Resolution 08-25 as
31 presented.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, DeLay, Eagar, and Massa-Lavitt
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NOES: None
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ABSENT: Bello
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38 Mr. Flower advised that the adoption of Resolution No. 08-25 begins a 10-day calendar
39 appeal period to the City Council. The Commission action tonight is final and the
40 appeal period begins tomorrow morning.
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42 7. Height Variation 08-1
43 1709 Electric Avenue
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45 Applicant/Owner: Marty Mirand / Ray & Linda Gomberg
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City of Seal Beach Planning Commission
Meeting Minutes of October 8, 2008
1 Request: To construct a non-habitable architectural feature in excess
2 of the 25-foot height limit. Specifically, the applicant
3 proposes to construct a 5-ft. 1-in. by 9-ft. 10-in. Covered
4 Roof Access Structure to exceed the height limit by
5 approximately 4 ft. 9 in.; 7 feet is the maximum height
6 variation allowed.
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8 Recommendation: Approval, subject to conditions, and adoption of Resolution
9 08-28.
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11 Chairperson Deaton noted that she had visited this site this morning and had spoken
12 with Mrs. Gomberg.
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14 Staff Report
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16 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
17 He provided some background information on this item and noted that the
Department.)
18 subject property measures approximately 28 feet 9 inches wide, and is limited to a
19 25-foot height unless a Height Variation (HV) is granted for the property. He stated that
20 the applicant is proposing to construct an approximately 50-foot elevator enclosure to
21 be located approximately 9 ft. 6 in. from the front of the structure and flush with the east
22 wall of the building. He explained that the structure will occupy the space that is
23 presently a chimney structure for a fireplace, and while it will result in a lower overall
24 height in the chimney structure, the elevator enclosure will occupy a larger footprint. He
25 noted that there is an existing Covered Roof Access Structure (CRAS) on the property
26 that was granted a HV a number of years ago. He stated that this particular request is
27 being made under the “Reasonable Accommodation Provisions (RAP) of the Fair
28 Housing Act,” and, as such, the Planning Commission (PC) is somewhat limited in their
29 scope of review. Mr. Olivera than noted that Staff has received one letter in support
30 from the adjacent neighbor most directly affected by this request, as well as letters from
31 two of the applicant’s physicians attesting to the applicant’s eligibility under the RAP.
32 He indicated that Staff has received no comments in response to the public notice for
33 HV 08-1 and recommends approval.
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35 Mr. Flower stated that he reviewed the Staff Report prepared by Mr. Olivera and found it
36 to contain an excellent discussion of “Reasonable Accommodation” requirements under
37 federal and California state law. He noted that he could elaborate further if the PC so
38 desired.
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40 Commissioner Questions
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42 None.
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44 Public Hearing
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City of Seal Beach Planning Commission
Meeting Minutes of October 8, 2008
1 In opening the public hearing, Chairperson Deaton noted that the applicants had
2 reported that they would be unable to attend due to holidays, so she asked if anyone
3 were present to speak on their behalf.
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5 Mr. Marty Mirand, the designer of the elevator structure, stated that he would be happy
6 to respond to any questions.
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8 There being no one else wishing to speak, Chairperson Deaton closed the public
9 hearing.
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11 Commissioner Comments
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13 Commissioner Eager inquired about the two letters from the physicians. Mr. Olivera
14 stated that due to privacy issues he had not included these letters in the staff report, but
15 they are on file in the Planning Department.
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17 MOTION by Eagar; SECOND by Massa-Lavitt to approve Height Variation 08-1, subject
18 to conditions, and adopt Resolution 08-28 as presented.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, DeLay, Eagar, and Massa-Lavitt
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NOES: None
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ABSENT: Bello
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25 Mr. Flower advised that the adoption of Resolution No. 08-28 begins a 10-day calendar
26 appeal period to the City Council. The Commission action tonight is final and the
27 appeal period begins tomorrow morning.
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29 Mr. Whittenberg noted a clerical correction to one of the findings in the resolution will be
30 made, but it will not change the intent and purpose of that finding.
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STAFF CONCERNS
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34 Mr. Whittenberg stated that the Commissioners have been provided for review a copy of
35 the Draft Mitigated Negative Declaration (MND) 08-3 for the Fire Station 48
36 Replacement Project, and indicated that the Planning Commission (PC) would have the
37 opportunity to provide comments on the document at their meeting of October 22, 2008.
38 He added that the Environmental Quality Control Board (EQCB) will meet to provide
39 comments on October 29, 2008.
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COMMISSION CONCERNS
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43 None.
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City of Seal Beach Planning Commission
Meeting Minutes of October 8, 2008
1 ADJOURNMENT
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3 Chairperson Deaton adjourned the meeting at 7:54 p.m.
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6 Respectfully Submitted,
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10 Carmen Alvarez, Executive Secretary
11 Planning Department
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14 APPROVAL
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16 The Commission on October 22, 2008, approved the Minutes of the Planning
17 Commission Meeting of Wednesday, October 8, 2008. ~_ .
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City of Seal Beach Planning Commission
Meeting Minutes of October 8, 2008
ADJOURNMENT
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3 Chairperson Deaton adjourned the meeting at 7:54 p.m.
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6 Respectfully Submitted,
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10 Carmen Alvarez, Executive Secretary
11 Planning Department
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APPROVAL
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16 The Commission on October 22, 2008, approved the Minutes of the Planning
17 Commission Meeting of Wednesday, October 8, 2008. _____.
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