HomeMy WebLinkAboutPC Min 2009-01-07City of Seal Beach Planning Commission
Agenda for January 7, 2009
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. November 2008 Building Activity Report
2. Approve Planning Commission Meeting Minutes of December 3, 2008.
SCHEDULED MATTERS
VI.
None
PUBLIC HEARING
VII.
3. Conditional Use Permit 08-12
901-1101 Pacific Coast Highway (Seal Beach Center)
1
City of Seal Beach Planning Commission • Agenda of January 7, 2009
Applicant/Owner: Erwin Bucy for Regency Centers/Regency Centers
Request: To approve a reduction in parking requirements for a
common parking facility within the Service Commercial
(C-1) Zone within an existing shopping center.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-39.
4. Conditional Use Permit 08-11
136-1361/2 Main Street (Basil Leaf Vietnamese Cuisine)
Applicant/Owner: Jennifer Ly & Michael Luu / Brian Kyle
Request: To establish a new restaurant with operating hours of
7:00 a.m. to midnight daily.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-38.
5. 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 21, 2009.
6. Variance 08-3
716 Island View Drive
Applicant/Owner: William and Jeanna Mingram
Request: To allow a four (4) foot side yard setback for the front
45 feet of an existing residence along the north property
line. Five (5) feet is the minimum required setback.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-37.
STAFF CONCERNS
VIII.
2
City of Seal Beach Planning Commission • Agenda of January 7, 2009
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
To adjourned meeting of January 21, 2009, at 7:30 P.M.
3
City of Seal Beach Planning Commission • Agenda of January 7, 2009
2009 Agenda Forecast
Jan 21
Conditional Use Permit 07-5 IE - 12235 Seal Beach Blvd (Pei Wei)
Conditional Use Permit 08-9 - 1300 Pacific Coast Hwy (Chevron)
Conditional Use Permit 08-10 - 2940 Westminster Ave (Denny’s)
Feb 4
Feb 18
Mar 04
Mar 18
Apr 08
Apr 22
May 06
May 20
Jun 03
Jun 17
Jul 08
Jul 22
Aug 05
Aug 19
Sep 09
Sep 23
Oct 07
Oct 21
Nov 04
Nov 18
Dec 09
Dec 23
4
CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of January 7, 2009
4
5
6
7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, January 7, 2009. The meeting was
1
9 held in the City Council Chambers and began with the Salute to the Flag.
10
ROLL CALL
11
12
13 Present: Chairperson Deaton, Commissioners DeLay, and Eagar
14
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
20
21 Absent: Commissioner Bello and Massa-Lavitt
22
23 Mr. Whittenberg noted that Commissioner Bello had informed Staff that she would not
24 be in attendance at tonight’s meeting. He requested a motion to excuse her absence.
25 He added that Staff has not heard from Commissioner Massa-Lavitt.
26
27 MOTION by DeLay; SECOND by Eagar to excuse Commissioner Bello from the
28 Planning Commission meeting of January 7, 2009.
29
MOTION CARRIED: 3 – 0 – 2
30
AYES: Deaton, DeLay, and Eagar
31
NOES: None
32
ABSENT: Bello and Massa-Lavitt
33
34
AGENDA APPROVAL
35
36
37 Mr. Flower recommended continuing the approval of Item 2 to the next scheduled
38 meeting, as both Commissioner DeLay and Commissioner Eagar were absent from the
39 meeting of December 3, 2008, and cannot vote on this item.
40
41 MOTION by Eagar; SECOND by DeLay to approve the Agenda as amended.
42
MOTION CARRIED: 3 – 0 – 2
43
AYES: Deaton, DeLay, and Eagar
44
1
These Minutes were transcribed from audiotape of the meeting.
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Meeting Minutes of January 7, 2009
NOES: None
1
ABSENT: Bello and Massa-Lavitt
2
3
ORAL COMMUNICATIONS
4
5
6 Chairperson Deaton opened oral communications.
7
8 Seth Eaker, Seal Beach Chamber of Commerce (SBCC), spoke regarding economic
9 conditions with businesses in Seal Beach. He noted that there were many positive
10 signs over the holiday season; however, the national economic situation now appears to
11 be affecting local businesses. He stated that the SBCC supports the City’s efforts on
12 various programs, issues, and grants, and noted that the SBCC has submitted a letter
13 to the EEM Program Coordinator in support of a $350,000 grant for landscaping
14 improvements to Seal Beach Boulevard (SBB) and Lampson Avenue. He reviewed the
15 status of various projects throughout the City noting those most impacted by the current
16 economic downturn. He encouraged continued support for local business and
17 emphasized the continued support of the SBCC.
18
19 There being no one else wishing to speak, Chairperson Deaton closed oral
20 communications.
21
CONSENT CALENDAR
22
23
24 1. November 2008 Building Activity Report
25
26 MOTION by Eager; SECOND by DeLay to approve the Consent Calendar as amended.
27
MOTION CARRIED: 3 – 0 – 2
28
AYES: Deaton, DeLay, and Eagar
29
NOES: None
30
ABSENT: Bello and Massa-Lavitt
31
32
SCHEDULED MATTERS
33
34
35 None.
36
PUBLIC HEARINGS
37
38
39 3. Conditional Use Permit 08-12
40 901-1101 Pacific Coast Highway (Seal Beach Center)
41
42 Applicant/Owner: Erwin Bucy for Regency Centers/Regency Centers
43
44 Request: To approve a reduction in parking requirements for a
45 common parking facility within the Service Commercial (C-1)
46 Zone within an existing shopping center.
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City of Seal Beach Planning Commission
Meeting Minutes of January 7, 2009
1
2 Recommendation: Approval, subject to conditions, and adoption of Resolution
3 08-39.
4
5 Staff Report
6
7 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
8 He provided some background information on this item and noted that the
Department.)
9 applicant previously appeared before the Planning Commission (PC) in February 2008
10 requesting a Variance for a reduction in required parking for the center. He provided a
11 brief review of the history of that hearing noting that approximately in September 2007,
12 Staff discovered that there was a parking deficiency within the center, although
13 Regency Centers had previously conducted a Parking Demand Study as part of the
14 Variance application that reflected a parking demand of 516 spaces, with a functional
15 demand of approximately 416 spaces. He explained that at the time of the public
16 hearing the Vons market was not yet open and the PC felt that it would be wise to wait
17 until the market opened for business to determine whether parking would be a problem.
18 He noted that after the opening of Vons there was no deficiency of parking within the
19 center and Regency subsequently completed another Parking Demand Study that
20 reflected a parking demand of 416 spaces. He added that Staff later discovered a
21 provision within the Zoning Code (ZC) permitting the use of a Conditional Use Permit
22 (CUP) for reduction of parking for shared uses, with up to a 15 percent reduction in
23 required parking if a center encompasses 5,000 sq. ft. or more. He stated that since
24 last year a few more businesses have moved out of the center, leaving 8 vacant lease
25 spaces. He said that after visiting the center at various times, Staff found no lack of
26 parking, and were the 8 vacant leased spaces in use as general retail, the demand on
27 the center as a whole would be approximately 468 spaces. Mr. Olivera noted that a 10
28 percent reduction in parking would be adequate to meet the demand and allow flexibility
29 for the existing vacant lease spaces. Staff recommends approval of Conditional Use
30 Permit 08-12, subject to conditions.
31
32 Commissioner Questions
33
34 Chairperson Deaton asked for the total number of parking spaces at the Seal Beach
35 Center. Mr. Olivera stated that currently there are approximately 434 spaces.
36 Chairperson Deaton clarified that the functional requirement is 416 spaces. Mr. Olivera
37 stated that based upon the Parking Demand Study, this would be correct. Chairperson
38 Deaton asked how the 10 percent reduction is structured based upon the recommended
39 “mix” of business leasing space in this center. Mr. Olivera indicated that Staff
40 recommends a maximum demand cap of 480 parking spaces, and if the 8 vacant
41 spaces were to be filled with retail uses with a 1 per 300 sq. ft. parking ratio, the
42 demand would be 468. Chairperson Deaton asked about a take-out restaurant. Mr.
43 Olivera stated that a previous restaurant use has been factored into the 468 space
44 demand for the 8 lease spaces. Chairperson Deaton confirmed that only one of these 8
45 spaces could be used for a restaurant/take-out use. Mr. Olivera stated that Staff has
46 allowed for some flexibility in the type of use, which is the reason for the 480 space cap,
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1 but Staff has restricted the number of nail or hair salons and day spa uses, which
2 require more parking. He noted that the cap allows up to 3 of these types of uses,
3 which is what currently exists in the center, with a maximum of 60 parking spaces
4 allowed.
5
6 Chairperson Deaton noted that Commissioner Massa-Lavitt had arrived for the meeting.
7
8 Mr. Olivera added that changes to the text for two of the Conditional of Approval for
9 CUP 08-12 has been provided to the Commission.
(Memorandum is on file for inspection
10
in the Planning Department.)
11
12 Public Hearing
13
14 Chairperson Deaton opened the public hearing.
15
16 Erwin Bucy of Regency Centers stated that with the strained economic climate the
17 center has lost 4 tenants and hopes to fill the leased spaces upon approval of the
18 reduced parking requirement. He thanked Staff and the SBCC for supporting this
19 application.
20
21 Chairperson Deaton stated that the biggest parking problems usually occur when large
22 events take place in Seal Beach. She asked if there were any way to monitor parking
23 within the center to prevent center parking from overflowing into the neighborhood
24 should event or beach guests park in the center. Mr. Bucy stated that this was why the
25 Parking Demand Study was completed for the month of July so that they could see what
26 the parking demand was during the peak of summer, and there was adequate parking.
27 Chairperson Deaton stated that her concern is when big events like the Car Show or
28 Holiday Parade take place, noting that she wished to ensure that Regency was aware of
29 these times so that employees or customers would not be forced to park within the
30 neighborhood.
31
32 Robert Goldberg spoke in support of CUP 08-12 and stated that the community wishes
33 to see the center thrive. He said he is concerned with Condition No. 5-A related to the
34 possible mitigations for inadequate parking by restriping the lot to provide 25% compact
35 parking. He noted that in previous discussion this would only provide approximately 10
36 additional spaces, and asked what the exact number of spaces would be. Mr. Olivera
37 stated that this would depend upon how the lot was restriped, and the layouts used. He
38 approximated that 10 spaces would be added. Regarding Condition 5-B, Mr. Goldberg
39 asked where additional off-site parking would be provided, and how many spaces would
40 be provided. Mr. Bucy stated that Regency could agree with Washington Mutual to
41 provide 5 or 10 spaces. Chairperson Deaton indicated that there could be a myriad of
42 possibilities for off-site parking and this would have to be explored. Mr. Goldberg stated
43 that he does not see how the in-lieu parking fee would provide extra parking. He
44 suggested that the PC consider allowing Regency to lease 6 of the 8 vacancies at this
45 time to see whether parking is impacted, and if there are no problems, the remaining 2
46 spaces could then be leased.
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1 Seth Eaker stated that this issue has been in discussion for over a year, and the SBCC
2 has spoken in support of changing the ZC to prevent this situation from occurring at
3 other business centers. He noted that with Vons and CVS being in operation for over 9
4 months, it is clear that there is not a parking problem, but there is a need to fill these
5 vacancies. He emphasized that with the difficult state of the economy it is important for
6 small businesses to get all of the support possible. He commended Staff and the PC for
7 looking for ways to solve this problem. He encouraged approval of CUP 08-12 and
8 recommended placing fewer restrictions on businesses within Seal Beach. He added
9 that the SBCC is ready to work with Regency in helping to manage parking during big
10 events within Seal Beach, as most of these are sponsored by the Chamber.
11
12 Joyce Parque spoke in support of CUP 08-12 and stated that no limit should be placed
13 on the number of vacant spaces to be leased.
14
15 Hillary Goldberg, a business owner within the Seal Beach Center, spoke in support of
16 CUP 08-12 stating that this would encourage more business as patrons visiting the
17 center will be able to see all of the products and services provided by businesses within
18 the center.
19
20 Mr. Bucy added that in its analysis of parking Regency Centers had calculated salons
21 as retail uses, so this was not Staff’s error.
22
23 There being no one else wishing to speak, Chairperson Deaton closed the public
24 hearing.
25
26 Commissioner Comments
27
28 None.
29
30 MOTION by Eager; SECOND by Massa-Lavitt to approve the Conditional Use Permit
31 08-12, subject to conditions, and adopt Resolution 08-39 as presented.
32
MOTION CARRIED: 4 – 0 – 1
33
AYES: Deaton, DeLay, Eagar, and Massa-Lavitt
34
NOES: None
35
ABSENT: Bello
36
37
38 Mr. Flower advised that the adoption of Resolution No. 08-39 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.
41
42 4. Conditional Use Permit 08-11
43 136-1361/2 Main Street (Basil Leaf Vietnamese Cuisine)
44
45 Applicant/Owner: Jennifer Ly & Michael Luu / Brian Kyle
46
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Meeting Minutes of January 7, 2009
1 Request: To establish a new restaurant with operating hours of 7:00
2 a.m. to midnight daily.
3
4 Recommendation: Approval, subject to conditions, and adoption of Resolution
5 08-38.
6
7 Staff Report
8
9 Mr. Whittenberg delivered the staff report.
(Staff Report is on file for inspection in the
10 He provided some background information on this item and noted
Planning Department.)
11 that a dessert/coffee shop and then a bakery have formerly occupied this location. He
12 indicated that the property has approximately 1,500 sq. ft. of building area, and in
13 previous years has accommodated a combination of retail uses with Cinnamon
14 Productions occupying this space when the Main Street Specific Plan (MSSP) was
15 adopted in 1996. He explained that when the MSSP was adopted, the City established
16 a new designation for land uses within the Main Street area for dessert shops and
17 coffee shops, which would require 1 space per 500 sq. ft. of floor area, and this property
18 was then grandfathered at this ratio. He noted that the required parking ratio for
19 restaurant uses is 1 space per 100 sq. ft. leaving a deficit of 12 parking spaces. He
20 stated that as part of the MSSP the City adopted an in-lieu parking program to establish
21 a one-time fee or $3,500 per deficient parking space. In this case the in-lieu fee would
22 be $42,000 in order to convert to a restaurant use. He noted that these are Ordinance
23 and City Council provisions that the Planning Commission (PC) has no authority to
24 waive. Mr. Whittenberg stated that Staff does have the flexibility to work with the
25 applicant to spread the payment of these fees over a period of time, which is usually a
26 2-3-year period. He indicated that Staff recommends approval for the request for a
27 restaurant use.
28
29 The Director of Development Services then continued with the request for the restaurant
30 hours of operation and noted that the MSSP establishes, by ordinance, the allowable
31 hours of operation for restaurant uses as follows:
32
33 7:00 a.m. to 10:00 p.m. Sunday – Thursday
34 7:00 a.m. to 11:00 p.m. Friday – Saturday and Holidays
35
36 He indicated that these hours cannot vary, and Staff recommends allowance of these
37 hours of operation for the proposed restaurant.
38
39 Mr. Whittenberg added that Staff understands the problem with the economic times;
40 however, the City does have established policies that Staff has no authority to waive.
41 He noted that a letter was received from the property owner stating his objection to the
42 in-lieu parking fee, a copy of which was provided to the Commission. He added that
43 Staff has also provided a copy of a letter from Mr. Eaker and a number of documents
44 provided by the property owner to attempt to substantiate his case for waiving the in-lieu
45 fees.
46
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1 Commissioner Questions
2
3 Commissioner Eagar asked about the payment schedule for the in-lieu fees. Mr.
4 Whittenberg indicated that this would be negotiated at a later time.
5
6 Chairperson Deaton stated that after extensive discussion with the property owner, Mr.
7 Brian Kyle, he believes that under the original ZC, before the MSSP, this property was
8 classified as a restaurant. When the MSSP was adopted this property was classified as
9 a dessert/coffee shop, which had a full kitchen at the time and had 31 seats. Mr. Kyle
10 states that this should be grandfathered because this space was originally a restaurant.
11 Commissioner Massa-Lavitt asked how many spaces were required for Cinnamon
12 Productions under the MSSP. Mr. Whittenberg stated that the MSSP requires 4 parking
13 spaces, based upon 1 space per 500 sq. ft. for the dessert/coffee shop land use.
14 Chairperson Deaton asked about the requirement under the original ZC. Mr.
15 Whittenberg stated that it required 1 space per 100 sq. ft., with the MSSP establishing a
16 new category, and the dessert/coffee shops went into this classification and became
17 legal nonconforming at the time of the adoption of the MSSP. He cautioned that this
18 discussion is more of an interpretation issue, which is not before the PC tonight, but can
19 be discussed at a future meeting or during Commission Concerns. He added that the
20 PC does not have the authority to make an interpretation on former ZC provisions that
21 existed prior to adoption of the MSSP. Commissioner Massa-Lavitt asked if there were
22 in-lieu fees prior to adoption of the MSSP. Mr. Whittenberg stated that these fees
23 existed, but there was a different payment structure.
24
25 Public Hearing
26
27 Chairperson Deaton opened the public hearing.
28
29 The applicant, Michael Luu, stated that he wishes to bring something new to Seal
30 Beach. He stated that he was very surprised with the in-lieu parking fee requirement
31 and he encouraged support of his request as he would like to open for business as soon
32 as possible. Chairperson Deaton asked if Mr. Luu clearly understands and is in
33 agreement with all of the Conditions of Approval as stated in Resolution 08-38. Mr. Luu
34 stated that he is not in agreement with the in-lieu parking fees. Chairperson Deaton told
35 Mr. Luu that the PC does not have the authority to waive these fees. She stated that if
36 he cannot agree to the conditions, he would need to appeal to the City Council (CC),
37 which would delay the opening of his restaurant, but he could be heard by the CC on
38 the parking fees.
39
40 Kevin Yena spoke in support of this application. He stated he would prefer to see fewer
41 hair salons or women’s clothing stores, and an Asian restaurant would be a good
42 addition to Seal Beach. He indicated that the in-lieu fees for a restaurant would not
43 work for this business and recommended making a concession in this case.
44 Chairperson Deaton explained that if approved tonight, the applicant could proceed with
45 opening his business, but if he chooses to appeal this approval, he cannot begin
46 operation until after the public hearing before CC. Mr. Yena requested that this item be
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1 tabled for further discussion. Chairperson Deaton recommended Mr. Yena talk with
2 Staff so that he would be clear on what the options are. Mr. Flower recommended that
3 the PC make a motion to “trail” this matter until after the last public hearing item.
4
5 Commissioner Eagar asked if the existing original kitchen is to be the same as it was for
6 Cinnamon Productions. Mr. Whittenberg stated that different new equipment has been
7 installed in the kitchen.
8
9 Commissioner Massa-Lavitt stated that in her mind a dessert/coffee shop is a sit-down
10 restaurant. Mr. Flower cautioned that the Public Hearing is still open and the discussion
11 is digressing from the issue at hand.
12
13 MOTION by Eagar; SECOND by Massa-Lavitt to trail Conditional Use Permit 08-11
14 after all agenda items for this meeting.
15
MOTION CARRIED: 4 – 0 – 1
16
AYES: Deaton, DeLay, Eagar, and Massa-Lavitt
17
NOES: None
18
ABSENT: Bello
19
20
21 5. Conditional Use Permit 08-10
22 2940 Westminster Avenue (Denny’s Restaurant)
23
24 Applicant/Owner: John M. Rix, Architectronix, Inc. / Cheng Family, LLC
25
26 Request: Approval of a Conditional Use Permit for common parking
27 facilities and for 24-hour operation within the General
28 Commercial (C-2) Zone.
29
30 Recommendation: Continue to meeting of January 21, 2009.
31
32 6. Variance 08-3
33 716 Island View Drive
34
35 Applicant/Owner: William and Jeanna Mingram
36
37 Request: To allow a four (4) foot side yard setback for the front 45 feet
38 of an existing residence along the north property line. Five
39 (5) feet is the minimum required setback.
40
41 Recommendation: Approval, subject to conditions, and adoption of Resolution
42 08-37.
43
44 Staff Report
45
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1 Mr. Whittenberg delivered the staff report.
(Staff Report is on file for inspection in the
2 He provided some background information on this item and
Planning Department.)
3 explained that 6-7 times through the review and approval process during Plan Check
4 Staff incorrectly approved the plans for this home with a 4-ft. setback along the north
5 side of the residence, rather than the required 5-ft. side yard setback. He indicated that
6 the Staff Report provides detail of the reviews and approvals, noting that Staff prefers
7 not to have to report this type of information, but, unfortunately, this is a result of Staff
8 error. He stated that the request is to allow this new structure to remain as it currently
9 exists. He explained that the lot is trapezoidal in shape at the end of a 90 degree
10 “knuckle turn” in a cul-de-sac. The Director of Development Services then indicated
11 that the impacted side consists of a semi-depressed garage that is 2 feet lower than the
12 natural grade level. He said the length along this area includes a retaining wall, the
13 garage wall, and the house itself, and a deck above the garage, with the bedrooms
14 behind this along the remainder of the house. He ended by stating that Staff is
15 recommending approval of Variance 08-3, subject to conditions. Mr. Whittenberg
16 extended apologies on behalf of Staff to the property owners and to the Planning
17 Commission (PC) for this error.
18
19 Commissioner Questions
20
21 Commissioner Eager asked if any of the neighbors had objected to this Variance. Mr.
22 Whittenberg stated that he had a telephone conversation with the owners of the home
23 immediately to the north of the property, which is the side closest to the side yard in
24 question, and they expressed their concerns, but Staff has not yet received any
25 objections from them.
26
27 Commissioner Massa-Lavitt asked if the plans reflected a 4-ft. or 5-ft. setback. Mr.
28 Whittenberg stated that on the plans there was an indication of what the required
29 setbacks are under the Zoning Code (ZC); however, the site plans did not mention the
30 actual distances and when it is scaled based upon the scale of the plans, it was shown
31 at 4 feet rather than 5. He added that because it was not dimensioned, Staff assumed
32 that it met the requirements as shown on the table for the plans. He indicated that the
33 main issue is that this be documented as a Staff error, so that future owners or
34 neighboring owners will have a record of this.
35
36 Public Hearing
37
38 Chairperson Deaton opened the public hearing.
39
40 Will Mingram, 716 Island View Drive, described the purchase of this property and the
41 subsequent demolition of the existing home and construction of the new home, which
42 he believes to be a very nice addition to the neighborhood. He requested approval of
43 Variance 08-3.
44
45 Chuck Feenstra, neighbor of 716 Island View, stated that Mr. Mingram’s home is a
46 beautiful structure. He recommended approval of Variance 08-3, but stated that he
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1 wishes to have this issue recorded in a title in case the property is sold and future
2 owners have questions regarding this setback.
3
4 There being no one else wishing to speak, Chairperson Deaton closed the public
5 hearing.
6
7 Mr. Whittenberg stated that the property owner can record anything on his property that
8 he wishes to record, but this is nothing that the City can require.
9
10 Commissioner Comments
11
12 None.
13
14 MOTION by Massa-Lavitt; SECOND by Eagar to approve Variance 08-3, subject to
15 conditions, and adopt Resolution 08-37 as presented.
16
MOTION CARRIED: 4 – 0 – 1
17
AYES: Deaton, DeLay, Eagar, and Massa-Lavitt
18
NOES: None
19
ABSENT: Bello
20
21
22 Mr. Flower advised that the adoption of Resolution No. 08-37 begins a 10-day calendar
23 appeal period to the City Council. The Commission action tonight is final and the
24 appeal period begins tomorrow morning.
25
26 Chairperson Deaton called for a 10-minute recess.
27
28 The meeting reconvened to the public hearing on Conditional Use Permit 08-11 for the
29 Basil Leaf Restaurant.
30
31 Seth Eaker spoke in support of CUP 08-11 stating that he has spoken to both the
32 applicant and Brian Kyle, and it is clear that this would be a great addition to Main Street
33 and would add variety to this area. He suggested that the PC could direct Staff to
34 provide the maximum extended length of time for payment of in-lieu parking fees, which
35 he believes to be 5 years, and with the difficult economic conditions, it would be helpful
36 to this business in opening and being successful. He described the recent loss of
37 businesses along Main Street creating more vacancies and reiterated that the Seal
38 Beach Center has had 8 lease spaces standing vacant for a long time. Mr. Eaker
39 emphasized that the City must do all that it can to help small business in Seal Beach
40 thrive.
41
42 Michael Luu stated that he is in agreement with all of the Conditions of Approval for
43 CUP 08-11 and with the in-lieu parking fees.
44
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1 Mr. Whittenberg added that after Mr. Luu and Ms Ly submit the Acceptance of
2 Conditions form for this application, Staff will work with them to negotiate a manageable
3 payment schedule for the in-lieu fees.
4
5 Commissioner Comments
6
7 Commissioner DeLay asked if the applicants understand what they are doing. Mr.
8 Whittenberg stated that the PC must make a determination and the applicants will still
9 have a 10-day period in which they may ask further questions or file an appeal to the
10 decision of the PC.
11
12 Mr. Flower added that the applicant has the option to appeal the decision to deny or
13 approve this CUP and they can also appeal any of the Conditions of Approval.
14
15 Chairperson Deaton asked Mr. Olivera if after the discussion with Mr. Luu, he clearly
16 understands the Conditions of Approval and the time frame to appeal any decision by
17 the PC. Mr. Olivera stated that they do understand. Mr. Flower added that the question
18 was raised as to what would occur should the business not succeed and the applicant
19 ceases to make the in-lieu parking fee installments. He explained that the City would
20 not pursue those fees from the applicant, but the new business owner wishing to
21 revitalize this CUP would then be liable for payment of the balance due.
22
23 MOTION by Massa-Lavitt to approve Conditional Use Permit 08-11, subject to
24 conditions, and adopt Resolution 08-387 as presented.
25
26 Motion withdrawn by Commissioner Massa-Lavitt due to lack of a second.
27
28 Commissioner Eager inquired about the different DBA as it appears on the County of
29 Orange Heath Care Agency Form. Mr. Whittenberg stated that this is a separate issue
30 that the applicant will address with the Health Care Agency. He reiterated that the PC is
31 to make a determination tonight on whether to grant approval for a restaurant use, and
32 part of the conditions for this are a floor plan for how the restaurant is to be laid out and
33 what the conditions for operation are to be, with one of the conditions being payment of
34 or agreement to the payment schedule for in-lieu parking fees.
35
36 MOTION by Massa-Lavitt; SECOND by DeLay to approve the Conditional Use Permit
37 08-11, subject to conditions, and adopt Resolution 08-387 as presented.
38
MOTION CARRIED: 4 – 0 – 1
39
AYES: Deaton, DeLay, Eagar, and Massa-Lavitt
40
NOES: None
41
ABSENT: Bello
42
43
44 Mr. Flower advised that the adoption of Resolution No. 08-38 begins a 10-day calendar
45 appeal period to the City Council. The Commission action tonight is final and the
46 appeal period begins tomorrow morning.
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City of Seal Beach Planning Commission
Meeting Minutes of January 7, 2009
1 Mr. Whittenberg added that he would provide his business card to the applicant so that
2 he may contact the Planning Department should he have further questions or decides to
3 proceed with the application to appeal.
4
5 Chairperson Deaton then noted that the PC wished to direct Staff to make an in-lieu
6 parking fee payment agreement with the applicant for a minimum of 5 years to pay
7 these fees.
8
9 STAFF CONCERNS
10
11 The Director of Development Services indicated that at the City Council meeting of
12 January 26, 2009, CC will be approving the appointments for City boards and
13 commissions, so there may be changes to the Planning Commission.
14
15 COMMISSION CONCERNS
16
17 Commissioner Massa-Lavitt noted that she would be interested in attending the 2009
18 Planners Institute scheduled for March 25-26, 2009. She stated that this is an excellent
19 expo for all Planning Commissioners. Mr. Whittenberg noted that if any of the other
20 Commissioners are interested in attending, they should contact the Department of
21 Development Services.
22
23 Chairperson Deaton stated that the business community is concerned with the impact of
24 parking fees upon their ability to operate within Seal Beach and recommended that the
25 Planning Commission review this issue to discuss potential alternatives. Mr.
26 Whittenberg stated that Staff would prepare a report to present to the PC at a future
27 meeting, but this would probably not occur until February or March 2009. Chairperson
28 Deaton encouraged Staff to consider giving business owners a break on the payment
29 schedule until the economy begins to improve.
30
31 ADJOURNMENT
32
33 Chairperson Deaton adjourned the meeting at 9:43 p.m.
34
35
36 Respectfully Submitted,
37
~~ ~~ ()~A~~_
40 Carmen Alvarez, Executive Secretary
41 Planning Department
42
43 APPROVAL
44
45 The Commission on January 21, 2009, approved the Minutes of the Planning
46 Commission Meeting of Wednesday, January 7,2009. OJ_
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