HomeMy WebLinkAboutPC Min 2008-12-03City of Seal Beach Planning Commission
Agenda for December 3, 2008
7:30 p.m.
PLEDGE OF ALLEGIANCE
I.
ROLL CALL
II.
AGENDA APPROVAL
III.
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.
ORAL COMMUNICATIONS
IV.
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.
CONSENT CALENDAR
V.
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. Minor Plan Review 08-10
1708 Coral Place
Applicant/Owner: Byron & Laura Allen
Request: To construct a new water fountain fall structure
adjacent to an existing swimming pool and spa within
the required rear yard setback area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-34.
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City of Seal Beach Planning Commission • Agenda of December 3, 2008
SCHEDULED MATTERS
VI.
2. Approve Planning Commission Meeting Minutes of November 5, 2008.
3. Approve Planning Commission Meeting Minutes of November 19, 2008.
4. Adopt Resolution 08-29 Approving Variance 08-2 for a swimming pool with a
3-foot rear yard setback at 801 Marvista Avenue.
PUBLIC HEARING
VII.
5. Conditional Use Permit 07-11 (Indefinite Extension)
12430-B Seal Beach Blvd. (Santa Fe Importers)
Applicant/Owner: Santa Fe Importers, Inc. / Levine Investments LLP
Request: Indefinite Extension of the existing Conditional Use
Permit 07-11 for an on-premise and off-premise sale of
beer and wine (Type 41 License) at an existing
delicatessen and specialty store within the Old Ranch
Town Center.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-33.
6. Conditional Use Permit 08-10
2940 Westminster Avenue (Denny’s Restaurant)
Applicant/Owner: John M. Rix, Architectronix, Inc. / Cheng Family, LLC
Request: Approval of a Conditional Use Permit for common
parking facilities and for 24-hour operation within the
General Commercial (C-2) Zone.
Recommendation: Continue to meeting of January 7, 2009.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
To meeting of January 7, 2009, at 7:30 P.M.
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City of Seal Beach Planning Commission • Agenda of November 19, 2008
2008 Agenda Forecast
Dec 17
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CITY OF SEAL BEACH
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PLANNING COMMISSION
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3
Minutes of December 3, 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, December 3, 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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12
13 Present: Chairperson Deaton, Commissioners Bello 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: Commissioners DeLay and Eagar
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23 Mr. Whittenberg stated that he had received a phone call from Commissioner Eagar
24 indicating that he would not be in attendance tonight. He requested a motion to excuse
25 his absence. He also noted that he had not heard from Commissioner DeLay.
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27 MOTION by Massa-Lavitt; SECOND by Bello to excuse Commissioner Eagar from the
28 Planning Commission meeting of December 3, 2008.
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MOTION CARRIED: 3 – 0 – 2
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AYES: Deaton, Bello, and Massa-Lavitt
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NOES: None
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ABSENT: DeLay and Eagar
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34
AGENDA APPROVAL
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37 MOTION by Massa-Lavitt; SECOND by Bello to approve the Agenda as presented.
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MOTION CARRIED: 3 – 0 – 2
39
AYES: Deaton, Bello, and Massa-Lavitt
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NOES: None
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ABSENT: DeLay and Eagar
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These Minutes were transcribed from audiotape of the meeting.
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Meeting Minutes of December 3, 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. Minor Plan Review 08-10
10 1708 Coral Place
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12 Applicant/Owner: Byron & Laura Allen
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14 Request: To construct a new water fountain fall structure adjacent to
15 an existing swimming pool and spa within the required rear
16 yard setback area.
17
18 Recommendation: Approval, subject to conditions, and adoption of Resolution
19 08-34.
20
21 MOTION by Bello; SECOND by Massa-Lavitt to approve the Consent Calendar as
22 presented.
23
MOTION CARRIED: 3 – 0 – 2
24
AYES: Deaton, Bello, and Massa-Lavitt
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NOES: None
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ABSENT: DeLay and Eagar
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29 Mr. Flower advised that the adoption of Resolution No. 08-34 begins a 10-day calendar
30 appeal period to the City Council. The Commission action tonight is final and the
31 appeal period begins tomorrow morning.
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SCHEDULED MATTERS
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35 2. Approve Planning Commission Meeting Minutes of November 5, 2008.
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37 MOTION by Bello; SECOND by Massa-Lavitt to approve the Planning Commission
38 Meeting Minutes of November 5, 2008, as presented.
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MOTION CARRIED: 3 – 0 – 2
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AYES: Deaton, Bello, and Massa-Lavitt
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NOES: None
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ABSENT: DeLay and Eagar
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45 3. Approve Planning Commission Meeting Minutes of November 19, 2008.
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Meeting Minutes of December 3, 2008
1 MOTION by Bello; SECOND by Massa-Lavitt to approve the Planning Commission
2 Meeting Minutes of November 19, 2008, as presented.
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MOTION CARRIED: 3 – 0 – 2
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AYES: Deaton, Bello, and Massa-Lavitt
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NOES: None
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ABSENT: DeLay and Eagar
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9 4. Adopt Resolution 08-29 Approving Variance 08-2 for a swimming pool with a 3-foot
10 rear yard setback at 801 Marvista Avenue.
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12 Mr. Whittenberg noted a correction to Condition No. 1 on Page 3 of Resolution 08-29 to
13 reflect that the approval is for a 3-foot setback.
14
15 MOTION by Bello; SECOND by Massa-Lavitt to adopt Resolution 08-29 as amended
16 approving Variance 08-2 for a swimming pool with a 3-foot rear yard setback.
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MOTION CARRIED: 3 – 0 – 2
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AYES: Deaton, Bello, and Massa-Lavitt
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NOES: None
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ABSENT: DeLay and Eagar
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23 Mr. Flower advised that the adoption of Resolution No. 08-29 begins a 10-day calendar
24 appeal period to the City Council. The Commission action tonight is final and the
25 appeal period begins tomorrow morning.
26
PUBLIC HEARINGS
27
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29 5. Conditional Use Permit 07-11 (Indefinite Extension)
30 12430-B Seal Beach Blvd. (Santa Fe Importers)
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32 Applicant/Owner: Santa Fe Importers, Inc. / Levine Investments LLP
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34 Request: Indefinite Extension of the existing Conditional Use Permit
35 07-11 for an on-premise and off-premise sale of beer and
36 wine (Type 41 License) at an existing delicatessen and
37 specialty store within the Old Ranch Town Center.
38
39 Recommendation: Approval, subject to conditions, and adoption of Resolution
40 08-33.
41
42 Staff Report
43
44 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
45 He provided some background information on this item and noted that
Department.)
46 during the time that Santa Fe Importers has been in business, Staff has received no
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1 complaints and Lt. Tim Olson of Seal Beach PD has stated that he has no concerns
2 regarding granting an indefinite extension for Conditional Use Permit 07-11. Mr. Olivera
3 noted that he received a telephone call in support of Santa Fe Importers. Staff
4 recommends approval.
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6 Commissioner Questions
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8 None.
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10 Public Hearing
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12 Chairperson Deaton opened the public hearing.
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14 Mr. Vincent Passanisi of Santa Fe Importers stated that business has been great and
15 he is happy to be a part of the community.
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17 There being no one else wishing to speak, Chairperson Deaton closed the public
18 hearing.
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20 Commissioner Comments
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22 None.
23
24 MOTION by Massa-Lavitt; SECOND by Bello to approve the Indefinite Extension of
25 Conditional Use Permit 07-11, subject to conditions, and adopt Resolution 08-33 as
26 presented.
27
MOTION CARRIED: 3 – 0 – 2
28
AYES: Deaton, Bello, and Massa-Lavitt
29
NOES: None
30
ABSENT: DeLay and Eagar
31
32
33 Mr. Flower advised that the adoption of Resolution No. 08-33 begins a 10-day calendar
34 appeal period to the City Council. The Commission action tonight is final and the
35 appeal period begins tomorrow morning.
36
37 6. Conditional Use Permit 08-10
38 2940 Westminster Avenue (Denny’s Restaurant)
39
40 Applicant/Owner: John M. Rix, Architectronix, Inc. / Cheng Family, LLC
41
42 Request: Approval of a Conditional Use Permit for common parking
43 facilities and for 24-hour operation within the General
44 Commercial (C-2) Zone.
45
46 Recommendation: Continue to meeting of January 7, 2009.
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Meeting Minutes of December 3, 2008
1 Staff Report
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3 Mr. Olivera stated that while reviewing the application Staff became aware that there
4 are issues with parking that may or may not be resolved in a timely manner; therefore,
5 Staff is recommending that this item be continued to the scheduled meeting of January
6 7, 2009. He explained that due to the existing hair and nail salons, the parking provided
7 is approximately 30+ spaces less that what City Code requires, based upon the uses
8 within this shopping center. He stated that he is working with the applicant to determine
9 whether the parking lot can be reconfigured to allow for more compact spaces.
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11 MOTION by Massa-Lavitt; SECOND by Bello to continue the public hearing for
12 Conditional Use Permit 08-10 to the scheduled meeting of January 7, 2009.
13
MOTION CARRIED: 3 – 0 – 2
14
AYES: Deaton, Bello, and Massa-Lavitt
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NOES: None
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ABSENT: DeLay and Eagar
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19 Commissioner Massa-Lavitt suggested revisiting the parking requirements for hair and
20 nail salons and re-evaluating the number of parking spaces to be required. Chairperson
21 Deaton agreed and noted that perhaps the requirement should be for spaces per
22 employee rather than per each work station. Mr. Whittenberg cautioned that because
23 this item is not listed on tonight’s agenda for discussion purposes, Staff would review
24 this issue and return to the Planning Commission (PC) in January or February with
25 recommendations.
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STAFF CONCERNS
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29 Mr. Whittenberg indicated that Staff would like to revisit the issue of swimming pool
30 setbacks and return to the PC with recommendations.
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32 On behalf of Staff, Mr. Whittenberg then wished the Commissioners a Happy Holiday
33 Season.
34
35 Mr. Olivera noted that Staff has selected Conexus as the consultants to assist in
36 creating the Housing Element and work should begin within the next week.
37
38 Mr. Whittenberg then indicated that it would be appropriate at this time to make a
39 motion to excuse Commissioner DeLay’s absence.
40
41 MOTION by Massa-Lavitt; SECOND by Bello to excuse Commissioner DeLay from the
42 Planning Commission meeting of December 3, 2008.
43
MOTION CARRIED: 3 – 0 – 2
44
AYES: Deaton, Bello, and Massa-Lavitt
45
NOES: None
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City of Seal Beach Planning Commission
Meeting Minutes of December 3, 2008
ABSENT:
Delay and Eagar
COMMISSION CONCERNS
Commissioner Bello extended warm Holiday wishes to the Commissioners and to Staff.
Commissioner Massa-Lavitt and Chairperson Deaton also extended their wishes for a
Happy Holiday Season.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 7:47 p.m. to the scheduled meeting of
January 7,2009.
Respectfully Submitted,
~~
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on January 21, 2009, approved the Minutes of the Planning
Commission Meeting of Wednesday, December 3, 2008.~ .
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