HomeMy WebLinkAboutPC Min 2009-02-18City of Seal Beach Planning Commission
Agenda for February 18, 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. Building Department Activity Report – January 2009
2. Approve Planning Commission Meeting Minutes of February 4, 2009.
3. Receive and File: Sprint Telephony PCS, L.P. and Pacific Bell Wireless LLC
v. County of San Diego – United States Court of Appeals for the Ninth Circuit.
4. Receive and File: Orange County Transportation Authority Presentations –
West County Connectors and San Diego Freeway (Interstate 405)
Improvement Project.
5. Receive and File: Provision of February 9, 2009, City Council Staff Report
Re: “Overview of Climate Change Scoping Plan and SB 375.
1
City of Seal Beach Planning Commission • Agenda of February 18, 2009
6. Minor Plan Review 09-2
920 Fathom Avenue
Applicant/Owner: Jack and Felice Shohet
Request: To construct a new freestanding BBQ and counter
structure, a gas fire pit, and a water feature in
conjunction with a new swimming pool and spa within
the required rear yard and side yard setback areas.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-5.
7. Minor Plan Review 09-3
1741 Crestview Avenue
Applicant/Owner: Nicole Pincek
Request: To construct a new detached accessory patio structure
located within the required rear yard and side yard
setback areas, and a free-standing barbeque structure,
to be located within the required side yard setback
area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-8.
SCHEDULED MATTERS
VI.
PUBLIC HEARING
VII.
8. Conditional Use Permit 09-1
13956 Seal Beach Blvd. (Primrose Cafe)
Applicant/Owner: Frank Tahvildari / Burnham USA
Request: To allow an existing restaurant with a Type 47 (On-sale
General) ABC license to expand into an adjacent
975-square foot lease space area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-6.
9. Conditional Use Permit 08-9
Variance 09-2
1300 Pacific Coast Hwy. (Chevron Station)
2
City of Seal Beach Planning Commission • Agenda of February 18, 2009
Applicant/Owner: Travis Companies, Inc. / George A. Pearson (c/o G&M
Oil Company)
Request: Approval of Conditional Use Permit for parking lot
improvements to merge an adjacent parking lot area
into the subject property; renovation of the existing gas
station; the establishment of a 24-hour convenience
store; and a Variance from development standards for
substandard lot size within the General Commercial
(C-2) Zone.
Recommendation: Table.
10. Variance 09-1
1025 Catalina Avenue
Applicant/Owner: Christopher and Shalini Lamb
Request: To allow a minimum five (5) foot street side yard
setback for an existing covered entry structure at an
existing residence along the easterly property line. Ten
(10) feet is the minimum required setback for this
particular lot, based upon the average lot width.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-7.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
To scheduled meeting of March 4, 2009, at 7:30 P.M.
3
City of Seal Beach Planning Commission • Agenda of February 18, 2009
2009 Agenda Forecast
Mar 04
Conditional Use Permit 05-12 - 2401 Seal Beach Blvd (Hampton Inn)
Conditional Use Permit 07-5 Indef. Ext. - 12235 Seal Beach Blvd (Pei Wei)
Conditional Use Permit 09-2 - 12235 Seal Beach Blvd (Pei Wei)
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 February 18, 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, February 18, 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, Larson, and Massa-Lavitt.
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 Eagar
22
23 Mr. Whittenberg noted that Commissioner Eager had reported that he would be unable
24 to attend tonight’s meeting. He requested a motion to excuse Commissioner Eagar’s
25 absence.
26
27 MOTION by Larson; SECOND by Massa-Lavitt to excuse Commissioner Eagar from the
28 Planning Commission meeting of February 18, 2009.
29
MOTION CARRIED: 4 – 0 – 1
30
AYES: Deaton, Bello, Larson, and Massa-Lavitt
31
NOES: None
32
ABSENT: Eagar
33
34
AGENDA APPROVAL
35
36
37 Mr. Whittenberg indicated that Item No. 9, Conditional Use Permit 08-9 for the Chevron
38 Station at 1300 Pacific Coast Highway, has been tabled and there will be no testimony
39 taken tonight. He stated that this item will be re-noticed for a future public hearing.
40
41 MOTION by Larson; SECOND by Massa-Lavitt to approve the Agenda as presented.
42
MOTION CARRIED: 4 – 0 – 1
43
AYES: Deaton, Bello, Larson, and Massa-Lavitt
44
1
These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of February 18, 2009
NOES: None
1
ABSENT: Eagar
2
3
ORAL COMMUNICATIONS
4
5
6 Chairperson Deaton opened oral communications.
7
8 Seth Eaker, Seal Beach Chamber of Commerce (SBCC), spoke regarding the notice by
9 Staff to Main Street merchants regarding sidewalk encroachment and outdoor displays,
10 noting that during these difficult economic times it would be beneficial to discuss
11 potential solutions for outdoor displays for local businesses. He also mentioned having
12 more effective implementation of the banner permitting process to allow for placement
13 of banners without being in violation of City Code.
14
15 Mr. Eaker then stated the SBCC is attempting to sponsor nine concerts during the
16 summer concert series rather than six, and he proposed allowing nine concerts rather
17 than the maximum of six events permitted with a Special Event Permit.
18
19 Mr. Eaker added that the SBCC is also awaiting additional information on other options
20 for the in-lieu parking program. He then reminded the community of the following
21 upcoming events:
22
23 Grand Opening Farmers Market – March 17, 2009
nd
24 2 Annual Health Fair – March 21, 2009
rd
25 23 Annual Car Show – April 25, 2009
26
27 There being no one else wishing to speak, Chairperson Deaton closed oral
28 communications.
29
CONSENT CALENDAR
30
31
32 1. Building Department Activity Report – January 2009
33
34 2. Approve Planning Commission Meeting Minutes of February 4, 2009.
35
36 3. Receive and File: Sprint Telephony PCS, L.P. and Pacific Bell Wireless LLC v.
37 County of San Diego – United States Court of Appeals for the Ninth Circuit.
38
39 4. Receive and File: Orange County Transportation Authority Presentations – West
40 County Connectors and San Diego Freeway (Interstate 405) Improvement Project.
41
42 5. Receive and File: Provision of February 9, 2009, City Council Staff Report Re:
43 “Overview of Climate Change Scoping Plan and SB 375.
44
45
46 6. Minor Plan Review 09-2
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City of Seal Beach Planning Commission
Meeting Minutes of February 18, 2009
1 920 Fathom Avenue
2
3 Applicant/Owner: Jack and Felice Shohet
4
5 Request: To construct a new freestanding BBQ and counter structure,
6 a gas fire pit, and a water feature in conjunction with a new
7 swimming pool and spa within the required rear yard and
8 side yard setback areas.
9
10 Recommendation: Approval, subject to conditions, and adoption of Resolution
11 09-5.
12
13 7. Minor Plan Review 09-3
14 1741 Crestview Avenue
15
16 Applicant/Owner: Nicole Pincek
17
18 Request: To construct a new detached accessory patio structure
19 located within the required rear yard and side yard setback
20 areas, and a free-standing barbeque structure, to be located
21 within the required side yard setback area.
22
23 Recommendation: Approval, subject to conditions, and adoption of Resolution
24 09-8.
25
26 MOTION by Bello; SECOND by Larson to approve the Consent Calendar as presented.
27
MOTION CARRIED: 4 – 0 – 1
28
AYES: Deaton, Bello, Larson, and Massa-Lavitt
29
NOES: None
30
ABSENT: Eagar
31
32
33 Mr. Flower advised that the adoption of Resolution Nos. 09-5 and 09-8 begins a 10-day
34 calendar appeal period to the City Council. The Commission action tonight is final and
35 the appeal period begins tomorrow morning.
36
SCHEDULED MATTERS
37
38
39 None.
40
PUBLIC HEARINGS
41
42
43 8. Conditional Use Permit 09-1
44 13956 Seal Beach Blvd. (Primrose Cafe)
45
46 Applicant/Owner: Frank Tahvildari / Burnham USA
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City of Seal Beach Planning Commission
Meeting Minutes of February 18, 2009
1
2 Request: To allow an existing restaurant with a Type 47 (On-sale
3 General) ABC license to expand into an adjacent 975-square
4 foot lease space area.
5
6 Recommendation: Approval, subject to conditions, and adoption of Resolution
7 09-6.
8
9 Staff Report
10
11 Mr. Whittenberg delivered the staff report.
(Staff Report is on file for inspection in the
12 He provided some background information on this item and noted
Planning Department.)
13 that there is an existing CUP for the existing restaurant, but another CUP will be
14 required for the additional 975 sq. ft. He noted that the current restaurant measures
15 approximately 1,950 sq. ft. and also has an existing 320-sq. ft. outside dining area,
16 previously approved in 1999. He indicated that the 975 sq. ft. addition will also include
17 approximately 160 sq. ft. of additional patio area in the front of the lease space. Staff
18 recommends approval, subject to conditions, noting that this restaurant has been in
19 operation since 1999 and the City has had no problems related to the alcohol sales, nor
20 have Leisure World (LW) residents expressed concerns.
21
22 Commissioner Questions
23
24 Chairperson Deaton asked what the current name of the restaurant is. Mr. Whittenberg
25 stated that currently the restaurant name is “Layla’s,” but it is to be changed to
26 “Primrose.”
27
28 Public Hearing
29
30 Chairperson Deaton opened the public hearing.
31
32 Mr. Chris Crimsey, adviser to Frank Tahvildari, stated that the applicant is requesting
33 that the hours of operation, as shown in Condition No. 6, be extended from 10:00 p.m.
34 to 12:00 midnight. He indicated that Mr. Tahvildari has been a business operator within
35 the City of Seal Beach for over 30 years and knows that the market of the Seal Beach
36 Village Shopping Center will enjoy having the restaurant open until midnight and will
37 create no negative impacts. He added that the extended operating hours will generate
38 incremental income to help cover remodeling and expansion capital costs and permit a
39 minimum of 3,000 additional employee hours each year. He requested approval of
40 Conditional Use Permit 09-1, and if this CUP cannot be approved with the extended
41 hours, the applicant requests a 6-month or less review period.
42
43 Mr. Whittenberg stated that Staff would have to re-notice for the request for extended
44 hours. Commissioner Massa-Lavitt asked if the applicant were willing to continue to
45 close at 10:00 p.m. until another public hearing could be noticed and conducted. Mr.
46 Crimsey stated that they would follow any requirements, but the applicant would like to
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City of Seal Beach Planning Commission
Meeting Minutes of February 18, 2009
1 have this item re-noticed for public hearing as soon as possible. Mr. Flower
2 recommended that the item be re-noticed for the request for extended operating hours.
3
4 Mr. Whittenberg explained that the application tonight is to expand a business operation
5 that is already restricted to a closing time of 10:00 p.m. He suggested approving CUP
6 09-1 with a 6-month review and when the application for the 6-month review is
7 submitted the applicant can include the request for the extended business hours. He
8 added that the Planning Commission (PC) could then approve the indefinite extension
9 of CUP 09-1 and impose a 6- or 12-month review for the extended business hours.
10
11 Mr. Crimsey stated that the applicant’s preference would be that something be done
12 “sooner rather than later” to help avoid greater expense. Commissioner Larson noted
13 that Condition No. 17 should remain, as it relates to no dumping of trash or glass bottles
14 into the dumpster between the hours of 10:00 p.m. and 7:00 a.m. Mr. Flower explained
15 that under the current application, Resolution 09-8 would be approved as presented,
16 and the extended hours would be discussed at the 6-month review.
17
18 Commissioner Bello asked about the timeline for expansion of the restaurant. Mr.
19 Tahvildari stated that it would take approximately 3 months. He stated that the problem
20 with a 6-month review period is that this would encompass the summer months, causing
21 him to lose business, particularly during the longer summer daylight hours.
22
23 Commissioner Larson asked if there is to be a change to the current menu. Mr.
24 Tahvildari stated that there would be no changes.
25
26 There being no one else wishing to speak, Chairperson Deaton closed the public
27 hearing.
28
29 Commissioner Comments
30
31 Chairperson Deaton asked if the first review could be set sooner than 6-months. Mr.
32 Whittenberg stated that a shorter review period could be set at the discretion of the PC.
33
34 Commissioner Bello said she likes the idea of a shorter review period and suggested a
35 3-month review.
36
37 Chairperson Deaton noted that the review period would not begin until the applicant
38 opens for business after the remodel. Mr. Whittenberg confirmed that this was correct,
39 and noted that if the PC wished to shorten the review period once the business is back
40 in operation, the Commission could do so. Chairperson Deaton asked if a 1-month
41 review could be implemented and if this would allow sufficient time for Staff to evaluate
42 whether there were any concerns with the Primrose operating with the new expansion.
43 Mr. Whittenberg stated that Mr. Tahvildari has been in business at this location for 10
44 years and Staff does not anticipate any problems with the expanded restaurant.
45
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City of Seal Beach Planning Commission
Meeting Minutes of February 18, 2009
1 MOTION by Bello; SECOND by Larson to approve Conditional Use Permit 09-1, subject
2 to conditions and a 1-month review period, and adopt Resolution 09-8 as amended.
3
MOTION CARRIED: 4 – 0 – 1
4
AYES: Deaton, Bello, Larson, and Massa-Lavitt
5
NOES: None
6
ABSENT: Eagar
7
8
9 Mr. Flower advised that the adoption of Resolution No. 09-6 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.
12
13 9. Conditional Use Permit 08-9
14 Variance 09-2
15 1300 Pacific Coast Hwy. (Chevron Station)
16
17 Applicant/Owner: Travis Companies, Inc. / George A. Pearson (c/o G&M Oil
18 Company)
19
20 Request: Approval of Conditional Use Permit for parking lot
21 improvements to merge an adjacent parking lot area into the
22 subject property; renovation of the existing gas station; the
23 establishment of a 24-hour convenience store; and a
24 Variance from development standards for substandard lot
25 size within the General Commercial (C-2) Zone.
26
27 Recommendation: Table.
28
29 Commissioner Massa-Lavitt asked for an update on Item 9. Mr. Whittenberg explained
30 that while preparing the Staff Report, Staff found that two portions of the parking lot into
31 which the Chevron Station wishes to expand are not zoned for commercial use, but are
32 zoned as residential. He noted that residential zoning does allow for parking lots,
33 subject to approval of a Conditional Use Permit (CUP), and there was an approval
34 granted for this many years ago. This makes it necessary for the applicant to apply for
35 a General Plan Amendment (GPA) and a Zone Change (ZC). He indicated that the
36 application was submitted and Staff is reviewing it to ensure that it is complete, and at
37 that time will re-notice for a GPA, ZC, a Variance, and a CUP, all in one consolidated
38 public hearing. The Director of Development Services noted that this discovery was
39 made last Wednesday and he apologized to the PC, the public, and to the applicant for
40 the delays.
41
42 10. Variance 09-1
43 1025 Catalina Avenue
44 Applicant/Owner: Christopher and Shalini Lamb
45
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City of Seal Beach Planning Commission
Meeting Minutes of February 18, 2009
1 Request: To allow a minimum five (5) foot street side yard setback for
2 an existing covered entry structure at an existing residence
3 along the easterly property line. Ten (10) feet is the
4 minimum required setback for this particular lot, based upon
5 the average lot width.
6
7 Recommendation: Approval, subject to conditions, and adoption of Resolution
8 09-7.
9
10 Staff Report
11
12 Mr. Whittenberg delivered the staff report.
(Staff Report is on file for inspection in the
13 He indicated that this structure is located at the corner of Avalon
Planning Department.)
14 Drive and Catalina Avenue and sits on an irregular-shaped parcel. He explained that
15 when Staff had completed the Coastal Concept approval for this project in 2007, and
16 the final construction building plans were reviewed and building permits issued.
17 Subsequent to this Staff discovered that the plans showed the covered entry feature
18 facing Avalon Drive encroached into the side-yard setback area. He stated that the
19 structure was completed with minimal setbacks, and because the applicant had in good
20 faith relied on Staff’s review and approval of the project, Staff is requesting approval of
21 Variance 09-1. He noted that because the home is located on a corner lot, the front
22 entry does not impact surrounding homes.
23
24 Commissioner Questions
25
26 Chairperson Deaton asked if the City has Building Inspectors. Mr. Whittenberg stated
27 that the City does have Building Inspectors; however, they do inspections of plans that
28 have been approved by the Planning Department regarding setbacks. He explained
29 that this is not something that Building Inspectors generally review, and they expect that
30 when Planning approves the site plans, floor plans, and elevations, that they meet all of
31 the Zoning Code (ZC) requirements. He stated that he had personally incorrectly
32 approved the plans for this project.
33
34 Public Hearing
35
36 Chairperson Deaton opened the public hearing.
37
38 Mr. Christopher Lamb, 1025 Catalina Avenue, introduced his architect, Richard Tavasci,
39 and stated that they were present to respond to questions. Chairperson Deaton asked
40 whether Mr. Lamb was aware that the entry structure extended into the setback area.
41 Mr. Lamb stated that he was not aware and during numerous visits to the Planning
42 Department to review this project, his architect was never made aware of this problem.
43 Chairperson Deaton commented that the architect does know the City ZC. Mr. Tavasci
44 stated that this was correct, but because this was a corner lot, the site plan shows a 5-
45 foot setback, and this is the way it was approved, and, unfortunately, this is the way it
46 was constructed. Commissioner Massa-Lavitt stated that apparently there were
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City of Seal Beach Planning Commission
Meeting Minutes of February 18, 2009
1 “missteps” throughout this process and it is the responsibility of the architect to present
2 plans that are consistent with the ZC, but it was the City’s mistake that this was not
3 caught in time. She cautioned that Mr. Tavasci “needs to pay attention” when preparing
4 plans.
5
6 There being no one else wishing to speak, Chairperson Deaton closed the public
7 hearing.
8
9 Commissioner Comments
10
11 None.
12
13 MOTION by Massa-Lavitt; SECOND by Larson to approve the Variance 09-1, subject to
14 conditions, and adopt Resolution 09-7 as presented.
15
MOTION CARRIED: 4 – 0 – 1
16
AYES: Deaton, Bello, Larson, and Massa-Lavitt
17
NOES: None
18
ABSENT: Eagar
19
20
21 Mr. Flower advised that the adoption of Resolution No. 09-7 begins a 10-day calendar
22 appeal period to the City Council. The Commission action tonight is final and the
23 appeal period begins tomorrow morning.
24
STAFF CONCERNS
25
26
27 Mr. Whittenberg stated that City Council (CC) has determined to schedule a Joint Study
28 Session with the Planning Commission (PC) regarding the Housing Element on
29 Monday, March 9, 2009, at the conclusion of the regular CC meeting. He also indicated
30 that CC is scheduling budget study sessions and one of the sessions is to be scheduled
31 for April 22, 2009, which is a normal PC meeting night, so that PC meeting is to be
32 canceled. He indicated that at the conclusion of the March 4, 2009 PC meeting, the
33 Commission will adjourn to the March 9, 2009 Joint Study Session. Chairperson
34 Deaton asked for the dates for the budget study sessions. Mr. Olivera reported that the
35 sessions are scheduled for April 21-23, 2009.
36
COMMISSION CONCERNS
37
38
39 Commissioner Massa-Lavitt indicated that there was a structural fire in Mutual 8 in
40 Leisure World (LW) last evening, and she commended the Orange County Fire
41 Department for the outstanding job they did in attempting to save property. She noted
42 that the firefighters had covered the furniture of the adjoining residences with waterproof
43 tarps to help prevent severe water damage and the City Manager and Director of Public
44 Works will be meeting with Councilman Levitt to discuss expediting repair to the
45 buildings. She stated that all displaced residents are being temporarily housed at the
46 Ayres Hotel and alternative housing will eventually be provided.
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Meeting Minutes of February 18, 2009
1 ADJOURNMENT
2
3 Chairperson Deaton adjourned the meeting at 8:15 p.m.
4
5 Respectfully Submitted,
6
7
8
9
10
11 Carmen Alvarez, Executive Secre ary
12 Planning Department
13
14
15 APPROVAL
16
17 The Commission on March 4, 2009, approved the Minutes of the Planning Commission
18 Meeting of Wednesday, February 18, 2009. ~
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