HomeMy WebLinkAboutPC Min 2009-06-17City of Seal Beach Planning Commission
Agenda for June 17, 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 Activity Report – May 2009
2. Receive and File: Status Report Re: Proposed Rule 2301, South Coast Air
Quality Management District.
3. Receive and File: Draft “Climate Action Team Biennial Report, March 2009.”
4. Receive and File: “New Urbanism Best Practices Guide.”
5. Receive and File: Sustainable Development Plan Articles.
6. Receive and File: Various Reports of Interest.
1
City of Seal Beach Planning Commission • Agenda of June 17, 2009
SCHEDULED MATTERS
VI.
7. Approve Planning Commission Meeting Minutes of May 6, 2009 (Continued
from June 3, 2009.
8. Approve Planning Commission Meeting Minutes of June 3, 2009.
9. Receive and File: Status Report Re: SB 375.
PUBLIC HEARING
VII.
10. Conditional Use Permit 09-7
3001 Old Ranch Parkway (Kobe Japanese Steakhouse)
(Tabled)
Applicant/Owner: BNP Enterprises, Inc. / Bixby Land Company
Request: To allow an expansion of live entertainment hours and
the provision of outdoor seating in conjunction with an
existing restaurant, bar, and entertainment cafe.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-21.
11. Conditional Use Permit 09-5
4000 Lampson Avenue (Chevron)
(Tabled)
Applicant/Owner: Bhupinder S. Mac
Request: To convert existing service bays within a service station
to retail space, and to allow a Type 20 ABC License
(off-sale beer and wine) for the existing convenience
store within the General Commercial (C-2) Zone.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-19.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
Adjourned to next scheduled meeting of July 8, 2009, at 7:30 P.M.
2
City of Seal Beach Planning Commission • Agenda of June 17, 2009
2009 Agenda Forecast
Jul 08
Jul 22
Aug 05
Aug 19
Sep 09
Sep 23
Oct 07
Oct 21
Nov 04
Nov 18
Dec 09
Dec 23
3
CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of June 17, 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, June 17, 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 Jerry Olivera, Senior Planner
20 Steve Flower, Assistant City Attorney
21
22 Absent: None
23
AGENDA APPROVAL
24
25
26 MOTION by Bello; SECOND by Larson to approve the Agenda as presented.
27
MOTION CARRIED: 5 – 0
28
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
29
NOES: None
30
ABSENT: None
31
32
ORAL COMMUNICATIONS
33
34
35 Chairperson Deaton opened oral communications.
36
37 There being no one wishing to speak, Chairperson Deaton closed oral communications.
38
CONSENT CALENDAR
39
40
41 1. Building Activity Report – May 2009
42
43 2. Receive and File: Status Report Re: Proposed Rule 2301, South Coast Air
44 Quality Management District.
1
These Minutes were transcribed from audiotape of the meeting.
1 of 7
City of Seal Beach Planning Commission
Meeting Minutes of June 17, 2009
1 3. Receive and File: Draft “Climate Action Team Biennial Report, March 2009.”
2
3 4. Receive and File: “New Urbanism Best Practices Guide.”
4
5 5. Receive and File: Sustainable Development Plan Articles.
6
7 6. Receive and File: Various Reports of Interest.
8
9 MOTION by Massa-Lavitt; SECOND by Bello to approve the Consent Calendar as
10 presented.
11
MOTION CARRIED: 5 – 0
12
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
13
NOES: None
14
ABSENT: None
15
16
SCHEDULED MATTERS
17
18
19 7. Approve Planning Commission Meeting Minutes of May 6, 2009 (Continued from
20 June 3, 2009.
21
22 Mr. Whittenberg noted that Commissioners Eager and Massa-Lavitt were not present at
23 the meeting of May 6, 2009, and should abstain from voting on this item.
24
25 MOTION by Larson; SECOND by Bello to approve the Planning Commission Meeting
26 Minutes of May 6, 2009, as presented.
27
MOTION CARRIED: 3 – 0 – 0 – 2
28
AYES: Deaton, Bello, and Larson
29
NOES: None
30
ABSENT: None
31
ABSTAIN: Eagar and Massa-Lavitt
32
33
34 8. Approve Planning Commission Meeting Minutes of June 3, 2009.
35
36 Mr. Flower noted that Commissioner Larson was absent from the meeting of June 3,
37 2009, therefore, it would be appropriate that he abstain from voting on this item.
38
39 MOTION by Massa-Lavitt; SECOND by Eagar to approve the Planning Commission
40 Meeting Minutes of June 3, 2009, as presented.
41
MOTION CARRIED: 4 – 0 – 0 – 1
42
AYES: Deaton, Bello, Eagar, and Massa-Lavitt
43
NOES: None
44
ABSENT: None
45
ABSTAIN: Larson
46
2 of 7
City of Seal Beach Planning Commission
Meeting Minutes of June 17, 2009
1 9. Receive and File: Status Report Re: SB 375.
2
3 Staff Report
4
5 Mr. Whittenberg provided a brief overview of some of the ongoing activities on the issue
6 of how SB 375 is to be implemented within the Southern California region. He provided
7 some background information on this item noting that SB 375 is legislation at the state
8 level that requires a reduction in greenhouse gas emissions by all different agencies
9 within the State of California to meet the requirements for AB 32, which is the Global
10 Climate Change Act of the State of California. He explained that the Southern
11 California Association of Governments (SCAG) is the regional planning agency for
12 Southern California and they have identified that the basic goal under this plan will be to
13 reduce greenhouse gas emissions by approximately 2.5 million metric tons of carbon
14 dioxide emissions between now and the year 2030. He indicated that this is based
15 upon a state requirement, that the entire state eliminate greenhouse gas emissions by
16 approximately 5 million metric tons. He noted that Southern California comprises
17 approximately one-half the state population and has been assigned half of this reduction
18 standard. Mr. Whittenberg stated that as part of this process SCAG must develop a
19 Sustainable Community Strategy that must be approved by the California Air Resources
20 Board (CARB) in the year 2012. He explained that the basis upon which they are
21 beginning to formulate this plan will be the current Orange County projections for the
22 collective population, employment, and housing growth, as reported by the Orange
23 County Council of Governments (OCCOG) with projections for the year 2020 and 2030
24 to be consistent with state requirements. He indicated that OCCOG has developed a
25 Comprehensive Land Use Strategy and is using this as a basis from which to work,
26 recognizing all of the cities anticipated growth for that time period, and will attempt to
27 focus that growth into different areas within Orange County to reduce vehicle trips. He
28 stated that the reduction in vehicle trips is the main way to reduce carbon dioxide
29 emissions, and the OCCOG has estimated that the current General Plans already in
30 place with various cities will result in a reduction of approximately 1.5 million metric
31 cubic tons of emissions, or approximately 60 percent of the reduction goal. The Director
32 of Development Services then stated that the task now is to determine how the
33 additional 40 percent will be addressed. He explained that the OCCOG has a contract
34 with a Center for Demographic Research (CFDR) at California State University Fullerton
35 (CSF) and they have been doing population, housing, and employment projections for
36 all Orange County cities since the late 1990’s and are also under contract with all of
37 these cities. He indicated that cities are reviewing their General Plans and potential
38 developments within the city and will provide this information to the CFDR. He
39 continued by stating that the OCCOG is working closely with the CFDR to help SCAG
40 regional planners understand at a county and city level where there might be potential
41 for additional growth, primarily for cities along transit routes, to find ways to increase
42 density and employment in these areas. He stated that this effort has just begun with
43 the first meeting conducted on June 9, 2009, between the CFDR, cities within Orange
44 County, and SCAG. Staff has until mid-July to respond to the CFDR and SCAG on their
45 proposed maps, and Staff intends to comment on what appear to be inaccuracies in the
46 CFDR projections for growth and declines in housing and population changes within
3 of 7
City of Seal Beach Planning Commission
Meeting Minutes of June 17, 2009
1 Seal Beach. He noted that the City of Seal Beach is not projected to see significant
2 increases in population or housing, and any decreases would be very minimal. He
3 ended by noting that this process will take approximately one year to complete, and
4 added that the OCCOG has indicated to Staff that Orange County is ahead of all other
5 counties in addressing this issue, due in large part to the assistance provided by the
6 CFDR.
7
8 Commissioner Questions
9
10 Chairperson Deaton asked if the City of Seal Beach has representation in this process.
11 Mr. Whittenberg stated that Staff receives notice of the meetings through the OCCOG,
12 which has a Technical Advisory Committee that is made up primarily of Planning
13 Directors or Planning Department Staff from each of the cities within Orange County.
14 He added that Staff routinely attends these meetings.
15
16 Commissioner Eagar asked if the targeted emissions are for automobiles only. Mr.
17 Whittenberg stated that they are designated for automobiles and light trucks, with a
18 separate category for heavy-duty diesel vehicles. Commissioner Eagar asked if the
19 military bases (Naval Weapons Station and Joint Forces Training Base) are also
20 included. Mr. Whittenberg stated that the CDFR does include the population and
21 employment from these facilities as part of the projections for growth.
22
23 MOTION by Eagar; SECOND by Larson to receive and file: Status Report Re: SB 375
24 as presented.
25
MOTION CARRIED: 5 – 0
26
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
27
NOES: None
28
ABSENT: None
29
30
PUBLIC HEARINGS
31
32
33 10. Conditional Use Permit 09-7
34 3001 Old Ranch Parkway (Kobe Japanese Steakhouse)
35 (Tabled)
36
37 Applicant/Owner: BNP Enterprises, Inc. / Bixby Land Company
38
39 Request: To allow an expansion of live entertainment hours and the
40 provision of outdoor seating in conjunction with an existing
41 restaurant, bar, and entertainment cafe.
42
43 Recommendation: Approval, subject to conditions, and adoption of Resolution
44 09-21.
45
46
4 of 7
City of Seal Beach Planning Commission
Meeting Minutes of June 17, 2009
1 Staff Report
2
3 Mr. Whittenberg stated that Staff has not yet received all of the materials required for
4 this public hearing. He indicated that the applicants had not contacted Staff until after
5 the agenda for this meeting had been distributed. He recommended that the Planning
6 Commission (PC) table this matter to allow Staff to re-advertise and re-notice the public
7 hearing, since it has already been continued several times.
8
9 Commissioner Questions
10
11 None.
12
13 Public Hearing
14
15 Chairperson Deaton opened the public hearing.
16
17 Dan Collins of Kobe Steak House at 3001 Old Ranch Parkway stated that Kobe
18 basically is seeking approval of a 100-150 sq. ft. patio within the lounge area. He
19 indicated that he had stored all of the plan information on his computer and the delay
20 has been due to the loss of his laptop during a burglary. He noted that the proposed
21 patio would be over 100 feet from the nearest homes with a 20-ft. sound barrier and a
22 natural tree barrier. He stated that the restaurant already has sound-proof curtains in
23 place and the proposed patio would basically serve as a smoking lounge. He noted that
24 Kobe will be constructing another bamboo barrier as well as a gate to the parking lot
25 making the patio accessible only through the restaurant lounge, but it would have an
26 emergency exit. He said the patio would also include a fire pit for ambient lighting. Mr.
27 Whittenberg noted that Staff would prepare a formal Staff Report for distribution to the
28 PC prior to the July 8, 2009 meeting.
29
30 There being no one else wishing to speak, Chairperson Deaton closed the public
31 hearing.
32
33 MOTION by Larson; SECOND by Eagar to table Conditional Use Permit 09-7and direct
34 Staff to re-notice the public hearing for a future meeting.
35
MOTION CARRIED: 5 – 0
36
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
37
NOES: None
38
ABSENT: None
39
40
41 11. Conditional Use Permit 09-5
42 4000 Lampson Avenue (Chevron)
43 (Tabled)
44
45 Applicant/Owner: Bhupinder S. Mac
46
5 of 7
City of Seal Beach Planning Commission
Meeting Minutes of June 17, 2009
1 Request: To convert existing service bays within a service station to
2 retail space, and to allow a Type 20 ABC License (off-sale
3 beer and wine) for the existing convenience store within the
4 General Commercial (C-2) Zone.
5
6 Recommendation: Approval, subject to conditions, and adoption of Resolution
7 09-19.
8
9 Staff Report
10
11 Mr. Whittenberg stated that since the public hearing for item on June 3, 2009, the
12 applicants have decided to file a supplemental application for a Variance from the
13 distance requirements for the sale of alcoholic beverages at a service station next to
14 residential areas, and have requested that this item be tabled until such time as the
15 application is submitted. Once the application is received Staff will bring this before the
16 PC as one complete packet of everything the applicant is proposing. Mr. Whittenberg
17 then recommended that this item be tabled and that the PC instruct Staff to schedule
18 public hearings for presentation of the completed applications at a future date.
19
20 MOTION by Massa-Lavitt; SECOND by Bello to table Conditional Use Permit 09-5 and
21 direct Staff to re-notice the public hearing for a future meeting.
22
MOTION CARRIED: 5 – 0
23
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
24
NOES: None
25
ABSENT: None
26
27
STAFF CONCERNS
28
29
30 Mr. Whittenberg reported that Ex-Police Chief Bill Stearns had passed away and a
31 memorial service is scheduled at Grace Community Church here in Seal Beach on
32 Wednesday, June 24, 2009, at 11:00 a.m. He indicated that Mr. Stearns served with
33 the Seal Beach Police Department (SBPD) for over 35 years. He was appointed Chief
34 of Police in 1987 and served until 1997 when he retired.
35
COMMISSION CONCERNS
36
37
38 Commissioner Eager stated that he would like to “close the gaps” on the issue of
39 Covered Roof Access Structures (CRAS) and Measure Z and requested that Staff
40 provide clarification so that any misconceptions on the interpretation of these items can
41 be addressed. Chairperson Deaton requested a motion to direct Staff to include this
42 information on a future PC agenda. Mr. Whittenberg suggested that Staff present a
43 report to the PC at the scheduled meeting of July 22, 2009. He cautioned that the PC
44 may not be able to take any direct action to schedule a public hearing on this issue at
45 this time. Mr. Flower clarified that this would not be a public hearing item, and it would
46 not be a matter where the PC would be voting on a recommendation. Chairperson
6 of 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
City of Seal Beach Planning Commission
Meeting Minutes of June 17, 2009
Deaton suggested scheduling this as a Study Session. Mr. Flower stated that this could
be done, and although public notice would not be required, Staff could provide notice of
this. Chairperson Deaton asked when the PC would be revisiting the issue of the
Zoning Code (ZC) revision. Mr. Whittenberg responded that this is something Staff
would have to research, as there are legal ramifications to be considered before
revisiting this issue. Chairperson Deaton then stated that Staff should just provide a
report on this issue at the meeting of July 22, 2009, and based on the findings, perhaps
the PC could then schedule a Study Session.
MOTION by Eagar; SECOND by Massa-Lavitt to direct Staff to provide a presentation
on Covered Roof Access Structures (CRAS) and Measure Z at the Planning
Commission meeting of July 22, 2009.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, Eagar, Larson, and Massa-Lavitt
None
None
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 7:55 p.m. in memory of Police Chief Bill
Stearns.
Respectfully Submitted,
C'~~~_
Carmen Alvarez, Executive Assist~t
Planning Department
APPROVAL
The Commission on July 8, 2009, approved the Minutes of the Planning Commission
Meeting of Wednesday, June 17, 2009. ~_'
7 of 7