HomeMy WebLinkAboutPC Min 2009-02-04
CITY OF SEAL BEACH
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PLANNING COMMISSION
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Minutes of February 4, 2009
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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, February 4, 2009. 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 Bello, Eagar, Larson, and
14 Massa-Lavitt.
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16 Also
17 Present: Department of Development Services
18 Lee Whittenberg, Director of Development Services
19 Jerry Olivera, Senior Planner
20 Steve Flower, Assistant City Attorney
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22 Absent: None
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AGENDA APPROVAL
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26 MOTION by Larson; SECOND by Bello to approve the Agenda as presented.
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MOTION CARRIED: 5 – 0
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AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
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NOES: None
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ABSENT: None
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PRESENTATION
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35 1. Presentation of Resolution 08-41 honoring Leonard DeLay for his service on the
36 Planning Commission.
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38 Chairperson Deaton presented Leonard DeLay with Resolution 08-41 commending him
39 for his service as Planning Commissioner for the City of Seal Beach. Councilmember
40 David Sloan also commended Mr. DeLay noting the he had served his country during
41 World War II and always spends a lot of his time helping others. He congratulated Mr.
42 DeLay on his appointment to the Parks and Recreation Commission and stated that he
43 is proud to be Mr. DeLay’s friend. Mr. Delay thanked Commissioner Larson for
44 appointing him to the Planning Commission and he also thanked Lee Whittenberg for
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These Minutes were transcribed from audiotape of the meeting.
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Meeting Minutes of February 4, 2009
1 his assistance. He stated that he had enjoyed his time serving on the Planning
2 Commission and it was a great learning experience, which he feels made him a better
3 person.
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ORAL COMMUNICATIONS
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7 Chairperson Deaton opened oral communications.
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9 On behalf of the Seal Beach Chamber of Commerce, Seth Eaker thanked Mr. DeLay for
10 serving on the Planning Commission (PC) and welcomed Commissioner Larson. He
11 extended his appreciation to Commissioners Larson and DeLay for serving in the armed
12 forces during the war. He thanked the Commission and Chairperson Deaton for their
13 willingness to work to help business owners within Seal Beach and recognized
14 Chairperson Deaton’s positive direction to Staff in revisiting the issue of in-lieu parking
15 fees.
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17 There being no one else wishing to speak, Chairperson Deaton closed oral
18 communications.
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CONSENT CALENDAR
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22 2. Approve Planning Commission Meeting Minutes of January 21, 2009.
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24 3. Receive and File: Ordinance No. 1584 - Repealing Ordinance 1576 Re: Title 11
25 Zoning.
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27 4. Receive and File: Ordinance No. 1583 – Term of the Planning Commission.
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29 5. Receive and File: “Reflections on Private Property, Planning, and State Power” –
30 Planning and Environmental Law
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32 6. Receive and File: “The California Planners Book of Lists, 2009.”
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34 7. Minor Plan Review 09-1
35 809 Ocean Avenue
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37 Applicant/Owner: George Brown / Kathy Taylor
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39 Request: To construct a new exterior uncovered balcony and a new
40 exterior circular stairway to a new 500 square foot rooftop
41 deck at a legal, nonconforming 4-unit condominium at 809
42 Ocean Avenue.
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44 Recommendation: Approval, subject to conditions, and adoption of Resolution
45 09-4.
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1 MOTION by Larson; SECOND by Massa-Lavitt to approve the Consent Calendar as
2 presented.
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MOTION CARRIED: 5 – 0
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AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
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NOES: None
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ABSENT: None
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9 Mr. Flower advised that the adoption of Resolution No. 09-4 begins a 10-day calendar
10 appeal period to the City Council. The Commission action tonight is final and the
11 appeal period begins tomorrow morning.
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SCHEDULED MATTERS
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15 8. Review of Documents and Provision of Comments – Draft Mitigated Negative
16 Declaration 09-1, Citywide Sewer Capital Improvement Project, CIP No. SS0901.
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18 Staff Report
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20 Mr. Whittenberg stated that this document is currently in the public review period, which
21 will end on February 18, 2009, and Staff will receive comments from the PC and the
22 public until that date. He noted that Staff will prepare a Response to Comments
23 document for comments received and will provide a copy to all interested parties prior to
24 City Council (CC) making a determination on whether to approve this document. He
25 noted that consultants who prepared this document are present tonight and described
26 this project as a 10-year capital improvement program to upgrade sewer systems
27 throughout the city. He indicated that the majority of work will entail upgrading existing
28 sewer lines that are deficient for the current capacity of sewage, as well as upgrades to
29 existing sewer pump stations.
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31 Comments
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33 Seth Eaker referred to Page 5, Project No. 37, and requested clarification on the actual
34 location of this project. Mr. Whittenberg stated that the location is within the River’s End
35 Café parking lot. Mr. Eaker asked if completion of Project 37 would be contingent upon
36 development taking place on the DWP Property. Mr. Whittenberg stated that this is his
37 understanding, but he would verify this with the Public Works Department (PWD) and
38 include this in the response to comments document.
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40 Commissioner Massa-Lavitt commented that the method to be used in replacing some
41 pipe is very interesting in concept and is a good way to complete a “really dirty project”
42 with the least amount of disruption. She commended PWD for their planning.
43 Chairperson Deaton commended Staff for meeting with the community to present this
44 information.
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1 Commissioner Larson confirmed that Leisure World (LW) has its own sewer system and
2 would not be affected by the work to be done. Mr. Whittenberg confirmed that this was
3 correct.
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PUBLIC HEARINGS
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7 9. Conditional Use Permit 07-13 (Indefinite Extension)
8 3001 Old Ranch Parkway (Kobe Japanese Steakhouse)
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10 Applicant/Owner: BNP Enterprise, Inc. / Bixby BIT - Bixby Land Company
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12 Request: Indefinite Extension of previously approved Conditional Use
13 Permit, which established new operating hours and
14 permitted an entertainment café providing live music within
15 the restaurant lounge in conjunction with an existing
16 restaurant located at 3001 Old Ranch Parkway.
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18 Recommendation: Approval, subject to conditions, and adoption of Resolution
19 09-2.
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21 Staff Report
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23 Mr. Whittenberg delivered the staff report.
(Staff Report is on file for inspection in the
24 He provided some background information on this item and noted
Planning Department.)
25 that the live entertainment was approved for up to 4 days a week, at specified times,
26 and with a limited number of performers. He stated that neither Staff nor the Seal
27 Beach Police Department (SBPD) have received complaints or calls for service. Staff
28 recommends approval of the Indefinite Extension of Conditional Use Permit 07-13,
29 subject to conditions.
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31 Commissioner Questions
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33 None.
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35 Public Hearing
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37 Chairperson Deaton opened the public hearing.
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39 Mr. Dan Collins, of Kobe Steakhouse, stated the restaurant has the full support of Lt.
40 Tim Olson of SBPD as well as the PC, and this has been very beneficial to the
41 business. Chairperson Deaton asked if Kobe had received any complaints from
42 neighbors. Mr. Collins stated that they have not. Commissioner Eagar asked if Kobe
43 has the same operating hours as Spaghettini Grill. Mr. Whittenberg stated that he does
44 not recall the operating hours for Spaghettini Grill.
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1 There being no one else wishing to speak, Chairperson Deaton closed the public
2 hearing.
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4 Commissioner Comments
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6 None.
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8 MOTION by Bello; SECOND by Eagar to approve the Indefinite Extension of
9 Conditional Use Permit 07-13, subject to conditions, and adopt Resolution 09-2 as
10 presented.
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MOTION CARRIED: 5 – 0
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AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
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NOES: None
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ABSENT: None
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17 Mr. Flower advised that the adoption of Resolution No. 09-2 begins a 10-day calendar
18 appeal period to the City Council. The Commission action tonight is final and the
19 appeal period begins tomorrow morning.
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21 10. Conditional Use Permit 08-5 (Indefinite Extension)
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22 15 – 1 Street (River’s End Café)
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24 Applicant/Owner: Mike Balchin / City of Seal Beach
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26 Request: Indefinite Extension of existing Conditional Use Permit 08-5
27 to extend business hours to 10:00 p.m. daily; to allow non-
28 amplified live entertainment; and to allow amplified
29 background music for restaurant patrons within the Public
30 Land Use/Recreation (PLU/R) Zone.
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32 Recommendation: Approval, subject to conditions, and adoption of Resolution
33 09-3.
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35 Staff Report
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37 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
38 He provided some background information on this item and noted that
Department.)
39 since the initial approval of Conditional Use Permit 08-5 Staff has received no
40 complaints resulting from the extended business hours or the non-amplified live
41 entertainment. Also Lt. Tim Olson of SBPD reports that they have received no calls for
42 service at this location. Staff recommends approval of the Indefinite Extension of CUP
43 08-5, subject to conditions.
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45 Commissioner Questions
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Meeting Minutes of February 4, 2009
1 Chairperson Deaton asked if this item was approved with a 6-month review period. Mr.
2 Olivera confirmed that this was correct.
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4 Public Hearing
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6 Chairperson Deaton opened the public hearing.
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8 Mike Balchin, owner of River’s End Café, stated that he is present to respond to
9 questions. Chairperson Deaton asked how his experience with the new hours and live
10 entertainment has been. Mr. Balchin stated that this has been a record year for River’s
11 End with the additional operating hours and his customers really enjoy the live
12 entertainment. Commissioner Larson asked what the non-amplified live entertainment
13 consists of. Mr. Balchin stated it is usually a guitar or piano with no amplification.
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15 Seth Eaker stated the allowance for non-amplified music was a great provision in the
16 proposed Title 11 Zoning Code. He suggested making this option more accessible to
17 other businesses. He then spoke in support of River’s End Café and approval of CUP
18 08-5.
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20 There being no one else wishing to speak, Chairperson Deaton closed the public
21 hearing.
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23 Commissioner Comments
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25 None.
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27 MOTION by Massa-Lavitt; SECOND by Eagar to approve the Indefinite Extension of
28 Conditional Use Permit 08-5, subject to conditions, and adopt Resolution 09-3 as
29 presented.
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MOTION CARRIED: 5 – 0
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AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
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NOES: None
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ABSENT: None
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36 Mr. Flower advised that the adoption of Resolution No. 09-3 begins a 10-day calendar
37 appeal period to the City Council. The Commission action tonight is final and the
38 appeal period begins tomorrow morning.
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ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON
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42 Mr. Whittenberg opened for nominations for Chairperson. Commissioner Larson moved
43 to nominate Ellery Deaton for Chairperson. Commissioner Massa-Lavitt seconded the
44 motion.
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Meeting Minutes of February 4, 2009
1 MOTION by Larson; SECOND by Massa-Lavitt to elect Ellery Deaton as Chairperson of
2 the City of Seal Beach Planning Commission.
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MOTION CARRIED: 5 – 0
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AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
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NOES: None
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ABSENT: None
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9 Mr. Whittenberg then opened for nominations for Vice-Chairperson. Commissioner
10 Bello moved to nominate Sandra Massa-Lavitt for Vice-Chairperson. Commissioner
11 Eagar seconded this motion.
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13 MOTION by Bello; SECOND by Eagar to elect Sandra Massa-Lavitt as Vice-
14 Chairperson of the City of Seal Beach Planning Commission.
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MOTION CARRIED: 5 – 0
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AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
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NOES: None
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ABSENT: None
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STAFF CONCERNS
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23 Mr. Whittenberg stated that City Council will consider scheduling a joint session with the
24 Planning Commission at its Monday night meeting to receive the initial presentation by
25 the Housing Element consultant. He indicated that due to scheduling conflicts, Staff will
26 propose that this joint session be conducted on Monday, March 9, 2009, at the
27 scheduled City Council meeting. He noted that Commissioner Eagar will not be present
28 at that meeting.
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COMMISSION CONCERNS
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32 None.
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ADJOURNMENT
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36 Chairperson Deaton adjourned the meeting at 7:59 p.m.
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39 Respectfully Submitted,
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43 Carmen Alvarez, Executive Secretary
44 Planning Department
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Meeting Minutes of February 4, 2009
APPROVAL
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3 The Commission on February 18, 2009, approved the Minutes of the Planning
4 Commission Meeting of Wednesday, February 4, 2009. _____.
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City of Seal Beach Planning Commission
Meeting Minutes of February 4, 2009
MOTION by Larson; SECOND by Massa-Lavitt to elect Ellery Deaton as Chairperson of
the City of Seal Beach Planning Commission.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, Eagar, Larson, and Massa-Lavitt
None
None
Mr. Whittenberg then opened for nominations for Vice-Chairperson. Commissioner
Bello moved to nominate Sandra Massa-Lavitt for Vice-Chairperson. Commissioner
Eagar seconded this motion.
MOTION by Bello; SECOND by Eagar to elect Sandra Massa-Lavitt as Vice-
Chairperson of the City of Seal Beach Planning Commission.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, Eagar, Larson, and Massa-Lavitt
None
None
STAFF CONCERNS
Mr. Whittenberg stated that City Council will consider scheduling a joint session with the
Planning Commission at its Monday night meeting to receive the initial presentation by
the Housing Element consultant. He indicated that due to scheduling conflicts, Staff will
propose that this joint session be conducted on Monday, March 9, 2009, at the
scheduled City Council meeting. He noted that Commissioner Eagar will not be present
at that meeting.
COMMISSION CONCERNS
None.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 7:59 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Sec etary
Planning Department
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1 APPROVAL
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3 The Commission on February 18, 2009, approved the Minutes of the Planning
4 Commission Meeting of Wednesday, February 4, 2009. ~.. .
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