HomeMy WebLinkAboutPC Min 2009-01-21City of Seal Beach Planning Commission
Agenda for January 21, 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. December 2008 Building Activity Report
2. Receive and File: Various Documents of Interest
SCHEDULED MATTERS
VI.
3. Approve Planning Commission Meeting Minutes of December 3, 2008.
4. Approve Planning Commission Meeting Minutes of January 7, 2009.
5. Discussion of Planning Commission Meeting Day.
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City of Seal Beach Planning Commission • Agenda of January 21, 2009
PUBLIC HEARING
VII.
6. Conditional Use Permit 07-5 (Indefinite Extension)
12235 Seal Beach Blvd. (Pei-Wei Asian Diner)
Applicant/Owner: Matt Clark / Century National Properties, Inc.
Request: To approve an Indefinite Extension of Conditional Use
Permit 07-5 permitting the on-premise sale of beer and
wine within the General Commercial (C-2) Zone.
Recommendation: Table
7. Height Variation 09-1
410 Ocean Avenue
Applicant/Owner: Jeff Jeannette, Jeannette Architects / Richard Neri &
Kurt Schulzman
Request: To allow three roof-mounted A/C condenser units in
excess of the 25-foot height limit. Specifically, the
applicant proposes to replace an existing A/C unit with
three A/C condenser units that will exceed the height
limit by approximately 1 ft. 8 in. (26 ft. 8 in. total height)
on the rooftop of an existing structure. The maximum
height variation permitted is 7 feet.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-1.
8. Conditional Use Permit 08-9
1300 Pacific Coast Hwy. (Chevron Station)
Applicant/Owner: Travis Companies, Inc. / George A Pearson (c/o G&M
Oil Company)
Request: For a Conditional Use Permit (CUP) for 24-hour
operation; parking lot improvements to merge an
adjacent parking lot into the subject property; and a
renovation and relocation of the existing convenience
store within the General Commercial (C-2) Zone.
Recommendation: Table
9. Conditional Use Permit 08-10
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City of Seal Beach Planning Commission • Agenda of January 21, 2009
2940 Westminster Ave. (Denny’s Restaurant)
Applicant/Owner: John M. Rix, Architectronix, Inc. / Cheng Family, LLC
Request: For approval of common parking facilities and for 24-
hour operation within the General Commercial (C-2)
Zone.
Recommendation: Table.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
To scheduled meeting of February 4, 2009, at 7:30 P.M.
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City of Seal Beach Planning Commission • Agenda of January 21, 2009
2009 Agenda Forecast
Feb 4
Conditional Use Permit 07-13 IE - 3001 Old Ranch Pkwy (Kobe Steak)
st
Conditional Use Permit 08-5 IE - 15 – 1 Street (River’s End Café)
Minor Plan Review 09-1 - 809 Ocean Avenue
Feb 18
Conditional Use Permit 09-1 - 13956 Seal Beach Blvd (Primrose Café)
Minor Plan Review 09-2 - 920 Fathom Avenue
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
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CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of January 21, 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 21, 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 Bello, Eagar, Larson, and
14 Massa-Lavitt.
15
16 Also
17 Present: Department of Development Services
18 Lee Whittenberg, Director of Development Services
19 Quinn Barrow, City Attorney
20
21 Absent: Jerry Olivera, Senior Planner
22
23 Mr. Whittenberg welcomed Commissioner Larson back to the Planning Commission
24 (PC) after serving on City Council (CC) for several years.
25
AGENDA APPROVAL
26
27
28 Chairperson Deaton requested that Item 5 be removed from the Consent Calendar and
29 placed at the end of tonight’s agenda for further discussion.
30
31 Mr. Whittenberg indicated that Item 6, Conditional Use Permit 07-5 (Indefinite
32 Extension) for Pei Wei Asian Diner has been tabled and this matter will be re-noticed for
33 a future date. Also, Item 8, Conditional Use Permit 08-9 for the Chevron Station at 1300
34 Pacific Coast Highway has been tabled and will be re-noticed for a future date.
35
36 MOTION by Massa-Lavitt; SECOND by Bello to approve the Agenda as amended.
37
MOTION CARRIED: 5 – 0
38
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
39
NOES: None
40
ABSENT: None
41
42
43
44
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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 January 21, 2009
ORAL COMMUNICATIONS
1
2
3 Chairperson Deaton opened oral communications.
4
5 There being no one wishing to speak, Chairperson Deaton closed oral communications.
6
CONSENT CALENDAR
7
8
9 1. December 2008 Building Activity Report
10
11 2. Receive and File: Various Documents of Interest
12
13 MOTION by Bello; SECOND by Larson to approve the Consent Calendar as presented.
14
MOTION CARRIED: 5 – 0
15
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
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NOES: None
17
ABSENT: None
18
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SCHEDULED MATTERS
20
21
22 3. Approve Planning Commission Meeting Minutes of December 3, 2008.
23
24 MOTION by Massa-Lavitt; SECOND by Bello to approve the Planning Commission
25 Meeting Minutes of December 3, 2008, as presented.
26
MOTION CARRIED: 3 – 0 – 2
27
AYES: Deaton, Bello, and Massa-Lavitt
28
NOES: None
29
ABSENT: None
30
ABSTAIN: Eagar and Larson
31
32
33 4. Approve Planning Commission Meeting Minutes of January 7, 2009.
34
35 Chairperson asked whether a Planning Commission may vote if he or she viewed the
36 meeting on television. Mr. Quinn stated that this is correct.
37
38 MOTION by Deaton; SECOND by Massa-Lavitt to approve the Planning Commission
39 Meeting Minutes of January 7, 2009, as presented.
40
MOTION CARRIED: 3 – 0 – 2
41
AYES: Deaton, Eagar, and Massa-Lavitt
42
NOES: None
43
ABSENT: None
44
ABSTAIN: Bello and Larson
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City of Seal Beach Planning Commission
Meeting Minutes of January 21, 2009
PUBLIC HEARINGS
1
2
3 6. Conditional Use Permit 07-5 (Indefinite Extension)
4 12235 Seal Beach Blvd. (Pei-Wei Asian Diner)
5
6 Applicant/Owner: Matt Clark / Century National Properties, Inc.
7
8 Request: To approve an Indefinite Extension of Conditional Use
9 Permit 07-5 permitting the on-premise sale of beer and wine
10 within the General Commercial (C-2) Zone.
11
12 Recommendation: Table
13
14 7. Height Variation 09-1
15 410 Ocean Avenue
16
17 Applicant/Owner: Jeff Jeannette, Jeannette Architects / Richard Neri & Kurt
18 Schulzman
19
20 Request: To allow three roof-mounted A/C condenser units in excess
21 of the 25-foot height limit. Specifically, the applicant
22 proposes to replace an existing A/C unit with three A/C
23 condenser units that will exceed the height limit by
24 approximately 1 ft. 8 in. (26 ft. 8 in. total height) on the
25 rooftop of an existing structure. The maximum height
26 variation permitted is 7 feet.
27
28 Recommendation: Approval, subject to conditions, and adoption of Resolution
29 09-1.
30
31 Staff Report
32
33 Mr. Whittenberg delivered the staff report.
(Staff Report is on file for inspection in the
34 He provided some background information on this item and noted
Planning Department.)
35 that the height limit in this area of town is 25 feet and because the elevation on the
36 ocean side of these homes is much lower that the elevation on the street side, the
37 height is measured from the front building line of the home closest to Ocean Avenue.
38 He explained that the request is to allow for a screened enclosure for three (3) air
39 conditioning condenser units proposed as part of a remodel on this property that will
40 exceed the height limit by 1 foot 8 inches. He noted that the condenser units would not
41 be visible from the street, but Staff felt it would be appropriate to place a screen around
42 them. Staff recommends approval, subject to conditions.
43
44 Commissioner Questions
45
46 Commissioner Massa-Lavitt stated that she would like to see a condition of approval
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City of Seal Beach Planning Commission
Meeting Minutes of January 21, 2009
1 requiring that the height of the building be verified by the engineer who prepared the
2 drawings, to verify that the building is at the stated height. She noted that the building
3 appears to be higher than 25 feet.
4
5 Chairperson Deaton asked if Staff had received comments regarding this project. Mr.
6 Whittenberg stated that they had received one telephone call asking if the matter was to
7 be heard tonight. Chairperson Deaton stated that she had received 2 telephone calls in
8 opposition to this application. She said that she would have liked to see the line of sight
9 from the beach shown on the plans. She asked what materials would be used for the
10 A/C enclosure. Mr. Whittenberg stated that this would be determined during the plan
11 review process, but it is generally a wood frame with stucco structure. Chairperson
12 Deaton stated that a neighboring lot is currently vacant and the other is under
13 construction, and asked whether these homes might be impacted. Mr. Whittenberg
14 stated that the A/C units would not be visible to neighboring homes.
15
16 Public Hearing
17
18 Chairperson Deaton opened the public hearing.
19
20 Jeff Jeannette, architect for this project, stated he would be happy to respond to any
21 questions from the Commission. He indicated that the objective is to install the A/C
22 units so as to avoid any adverse conditions for surrounding homes. Chairperson
23 Deaton asked if Mr. Jeannette had considered lowering the roof to allow for the A/C
24 units. Mr. Jeannette responded that this would have created some drainage problems
25 from the roof.
26
27 Commissioner Eagar asked how the height measurement was taken. Mr. Jeannette
28 stated that he does have documentation showing the results of the measurements
29 completed by a licensed surveyor. He said he would provide this to Staff.
30
31 There being no one else wishing to speak, Chairperson Deaton closed the public
32 hearing.
33
34 Commissioner Comments
35
36 Chairperson Deaton expressed her concern with the people in town who adhere to the
37 Zoning Code (ZC) when designing their projects, and as long as the City continues to
38 allow people to go outside of the ZC, this make those who choose to work within the ZC
39 almost foolish for doing so.
40
41 Commissioner Bello asked if this is a non-habitable architectural feature, would
42 discretionary approval still be required. Chairperson Deaton stated that it would require
43 this. Mr. Whittenberg explained that this is a type of use that is permitted under the ZC
44 through the discretion of the Planning Commission (PC). Chairperson Deaton noted
45 that the PC had previously conducted a long discussion on this issue and had decided
46 that it would attempt to limit approvals of Height Variations to elevators. She added that
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City of Seal Beach Planning Commission
Meeting Minutes of January 21, 2009
1 she has no problem voting to approve this request, but wants to ensure that the PC is
2 very clear about what it is doing when granting a Height Variation. Chairperson Deaton
3 then asked if the existing roof were still in place. Mr. Jeannette stated that the actual
4 roof material that lies behind the parapet has been replaced, but the parapet has
5 remained as it was.
6
7 MOTION by Massa-Lavitt; SECOND by Bello to include in the Conditions of Approval
8 the requirement that the engineer preparing the plans verify that the height of the
9 building is correct as reflected in the plans.
10
MOTION CARRIED: 5 – 0
11
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
12
NOES: None
13
ABSENT: None
14
15
16 MOTION by Larson; SECOND by Eagar to approve the Height Variation 09-1, subject to
17 conditions, and adopt Resolution 09-1 as presented.
18
MOTION CARRIED: 5 – 0
19
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
20
NOES: None
21
ABSENT: None
22
23
24 Mr. Barrow advised that the adoption of Resolution No. 09-1 begins a 10-day calendar
25 appeal period to the City Council. The Commission action tonight is final and the
26 appeal period begins tomorrow morning.
27
28 8. Conditional Use Permit 08-9
29 1300 Pacific Coast Hwy. (Chevron Station)
30
31 Applicant/Owner: Travis Companies, Inc. / George A Pearson (c/o G&M Oil
32 Company)
33
34 Request: For a Conditional Use Permit (CUP) for 24-hour operation;
35 parking lot improvements to merge an adjacent parking lot
36 into the subject property; and a renovation and relocation of
37 the existing convenience store within the General
38 Commercial (C-2) Zone.
39
40 Recommendation: Table
41
42 9. Conditional Use Permit 08-10
43 2940 Westminster Ave. (Denny’s Restaurant)
44
45 Applicant/Owner: John M. Rix, Architectronix, Inc. / Cheng Family, LLC
46
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City of Seal Beach Planning Commission
Meeting Minutes of January 21, 2009
1 Request: For approval of common parking facilities and for 24-hour
2 operation within the General Commercial (C-2) Zone.
3
4 Recommendation: Table.
5
6 5. Discussion of Planning Commission Meeting Day.
7
8 Staff Report
9
10 Mr. Whittenberg explained that Commissioner Eagar has requested that the Planning
11 Commission (PC) consider changing the day for meetings in order to allow him to attend
12 PC meetings while he is involved in other duties through approximately the end of May.
13 The Director of Development Services explained that to change the meeting day would
14 require introduction and adoption of an ordinance modifying that particular section of the
15 Municipal Code (MC), and going through this process would take approximately 2
16 months, which would allow only 1 to1½ months to deal with the concerns expressed by
17 Commissioner Eagar. He stated that another option would be to change the meeting
18 time by adjourning tonight to an “adjourned” meeting date and time that would
19 accommodate Commissioner Eagar’s commitment, but after talking with the local
20 telecast station, they would be available only on Tuesday nights, and Monday nights
21 would not be an option, as this is when City Council meets. He indicated that should
22 the PC decide to change the meeting time only, it would be necessary to adopt a
23 resolution changing the regular meeting time to 5:30 p.m. He noted that should
24 Commissioner Eagar find that this other commitment is to become a long-term one, he
25 would then resign from the PC.
26
27 Commissioner Questions
28
29 Chairperson Deaton asked when Commissioner Eagar’s commitment is to begin. He
30 stated that it would begin on March 2, 2009. Chairperson Deaton recommended
31 excusing Commissioner Eagar’s absence during the months of March and April, and at
32 that time review the status of the commitment. Commissioner Eagar asked how he
33 would submit his votes to approve the minutes if he views the meetings on television.
34 Chairperson Deaton stated that he would not be voting, but it would be important that he
35 watch the meetings to stay current of the issues presented.
36
37 Commissioner Larson stated that he has previous medical therapy commitments on
38 Tuesdays and Thursdays, so Wednesday is the best day for his attendance at the
39 Planning Commission meetings.
40
41 Commissioner Massa-Lavitt stated that in terms of public expectation, changing the day
42 could create problems. She said she had no problem with excusing Commissioner
43 Eagar.
44
45 Commissioner Bello stated that she would have a schedule conflict if the meeting date
46 were changed, and prefers to keep the current meeting schedule.
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City of Seal Beach Planning Commission
Meeting Minutes of January 21,2009
MOTION by Larson; SECOND by Bello to Receive and File: Discussion of Planning
Commission Meeting Day.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, Eagar, Larson, and Massa-Lavitt
None
None
STAFF CONCERNS
None.
COMMISSION CONCERNS
Commissioner Eagar thanked the Commission for their consideration.
Commissioner Massa-Lavitt asked if the application for Denny's Restaurant is to be re-
noticed. Mr. Whittenberg confirmed that it would be re-noticed. Commissioner Massa-
Lavitt then thanked Staff for providing information on the 2nd Street Long Beach Project.
Mr. Whittenberg stated that Staff would continue to provide updates as they are
received.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 8:10 p.m.
Respectfully Submitted,
~ Cl\,,"~_
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on February 4, 2009, approved the Minutes of the Planning
Commission Meeting of Wednesday, January 21, 2009. ~.... .
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