HomeMy WebLinkAboutPC Min 2009-08-19City of Seal Beach Planning Commission
Agenda for August 19, 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 – July 2009.
2. Receive and File: Reburbia – A Suburban Design Competition.
SCHEDULED MATTERS
VI.
3. Approve Planning Commission Meeting Minutes of July 22, 2009.
4. Approve Planning Commission Meeting Minutes of August 5, 2009.
5. Main Street Specific Plan (MSSP)
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City of Seal Beach Planning Commission • Agenda of August 19, 2009
PUBLIC HEARING
VII.
6. Conditional Use Permit 09-5 & Variance 09-4
4000 Lampson Avenue (Chevron Station)
Applicant/Owner: Bhupinder S. Mac
Request: Approval of a Conditional Use Permit to convert the
service bay area of an existing service station to retail
space and a Variance to add a Type 20 ABC license
(Off-sale beer and wine) for the existing convenience
store.
Recommendation: Approval of Conditional Use Permit 09-5, subject to
conditions, and adoption of Resolution 09-19. Deny
Variance 09-4 through adoption of Resolution 09-30.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
Adjourn to regular scheduled meeting of September 9, 2009, at 7:30 P.M.
2
City of Seal Beach Planning Commission • Agenda of August 19, 2009
2009 Agenda Forecast
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 August 19, 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, August 19, 2009. The meeting was
1
9 held in the City Council Chambers and began with the Salute to the Flag.
10
11 Chairperson Deaton called for a moment of silence in memory of Bob Eagle, Public
12 Works Supervisor and employee of the City of Seal Beach for 37 years, who died
13 suddenly of natural causes on Monday evening, August 17, 2009.
14
ROLL CALL
15
16
17 Present: Chairperson Deaton, Commissioners Bello, Eagar, Larson, and
18 Massa-Lavitt.
19
20 Also
21 Present: Department of Development Services
22 Lee Whittenberg, Director of Development Services
23 Jerry Olivera, Senior Planner
24 Steve Flower, Assistant City Attorney
25
26 Absent: None
27
AGENDA APPROVAL
28
29
30 Chairperson Deaton requested that Item No. 5 be addressed after the public hearing.
31
32 MOTION by Bello; SECOND by Larson to approve the Agenda as amended.
33
MOTION CARRIED: 5 – 0
34
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
35
NOES: None
36
ABSENT: None
37
38
ORAL COMMUNICATIONS
39
40
41 Chairperson Deaton opened oral communications.
42
43 There being no one wishing to speak, Chairperson Deaton closed oral communications.
44
1
These Minutes were transcribed from audiotape of the meeting.
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CONSENT CALENDAR
1
2
3 1. Building Activity Report – July 2009.
4
5 2. Receive and File: Reburbia – A Suburban Design Competition.
6
7 MOTION by Massa-Lavitt; SECOND by Larson to approve the Consent Calendar as
8 presented.
9
MOTION CARRIED: 5 – 0
10
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
11
NOES: None
12
ABSENT: None
13
14
SCHEDULED MATTERS
15
16
17 3. Approve Planning Commission Meeting Minutes of July 22, 2009.
18
19 Mr. Flower noted that Commissioner Eagar would abstain from voting on this item, as
20 he was not present at the meeting of July 22, 2009.
21
22 MOTION by Larson; SECOND by Bello to approve the Planning Commission Meeting
23 Minutes of July 22, 2009, as presented.
24
MOTION CARRIED: 4 – 0 – 0 – 1
25
AYES: Deaton, Bello, Larson, and Massa-Lavitt
26
NOES: None
27
ABSENT: None
28
ABSTAIN: Eagar
29
30
31 4. Approve Planning Commission Meeting Minutes of August 5, 2009.
32
33 Chairperson Deaton noted that she would abstain from voting on this item, as she was
34 not present at the meeting of August 5, 2009.
35
36 MOTION by Bello; SECOND by Larson to approve the Planning Commission Meeting
37 Minutes of August 5, 2009, as presented.
38
MOTION CARRIED: 4 – 0 – 0 – 1
39
AYES: Bello, Eagar, Larson, and Massa-Lavitt
40
NOES: None
41
ABSENT: None
42
ABSTAIN: Deaton
43
44
PUBLIC HEARINGS
45
46
47 6. Conditional Use Permit 09-5 & Variance 09-4
48 4000 Lampson Avenue (Chevron Station)
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1 Applicant/Owner: Bhupinder S. Mac
2
3 Request: Approval of a Conditional Use Permit to convert the service
4 bay area of an existing service station to retail space and a
5 Variance to add a Type 20 ABC license (Off-sale beer and
6 wine) for the existing convenience store.
7
8 Recommendation: Approval of Conditional Use Permit 09-5, subject to
9 conditions, and adoption of Resolution 09-19. Deny
10 Variance 09-4 through adoption of Resolution 09-30.
11
12 Staff Report
13
14 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
15 He provided some background information on this item and noted that it
Department.)
16 was last before the Planning Commission (PC) on July 22, 2009, at which time both the
17 PC and the applicant requested that this item be continued. He then indicated that the
18 proposal by the applicant to convert the unused service bays to retail space has in
19 recent years become a common practice, with service stations moving away from the
20 traditional automobile service/lube bays to other types of uses, such as laundromats,
21 sandwich shops, and convenience stores. He reviewed the proposal to convert the two
22 service bays into two separate retail spaces to house an approximate 800 sq. ft.
23 restaurant use, such as Subway or Quizno’s, and an approximate 500 sq. ft. space for a
24 dry cleaner. He noted that the dry cleaning plant would not be located on the premises,
25 but this would simply be a drop-off/pick-up location. Mr. Olivera then stated that on the
26 site plan Staff has indicated that the proposed parking for the restaurant would require
27 an additional 8 spaces (1 space per 100 sq. ft.) and an additional 2 spaces (1 space per
28 300 sq. ft.) for the dry cleaning use. He explained that the dimensions of the additional
29 parking stalls proposed do not fully meet Code requirements, and the applicant has the
30 option to convert up to 25% of the required parking spaces to compact stall dimensions.
31 He added that the proposed parking could meet the compact stall dimensions, with the
32 balance required reconfigured to comply with required parking standards. Staff
33 recommends that the PC condition approval of the plans with the condition that they
34 reflect the correct parking space dimensions as required by City Code. Mr. Olivera
35 continued by stating that Staff supports approval or Conditional Use Permit (CUP) 09-5,
36 but does not support Variance (VAR) 09-4, as this is not in compliance with City Code.
37 He noted that Chief of Police Kirkpatrick is also in agreement with this assessment.
38
39 Commissioner Questions
40
41 Commissioner Eagar asked why the parking standards for a service station would still
42 apply if the service bays would no longer exits. Mr. Olivera explained that because this
43 is still a gasoline service station, 5 parking spaces must be provided for this use, as
44 required by City Code. Commissioner Eagar then asked how many spaces could be
45 added with the conversion to compact stalls. Mr. Olivera stated that at 20 required
46 spaces, they could provide up to 5 compact parking spaces.
47
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1 Commissioner Massa-Lavitt stated that the parking design is less than perfect and is
2 inadequate, and in converting some of the spaces to compact size, they will only pick up
3 one more space. She then noted that because of the dimensions of the parallel parking
4 spaces, they would lose a couple more of these spaces, and most of the parking spaces
5 are parallel. She pointed out several other problematic areas for parking and stated that
6 it is not the PC’s job to redesign the parking for this project, but the applicant should
7 listen to the comments made and take them seriously. She commented that the
8 applicant has submitted the same plan 3 times in a row with no changes to the parking
9 except to move the handicapped parking space, and she does not believe that the
10 applicant has adequately listened to Staff regarding what the accurate dimensions
11 should be for parallel parking.
12
13 Public Hearing
14
15 Chairperson Deaton opened the public hearing.
16
17 Jim Forgey noted that the site plan does show 20 parking spaces and the dimensions
18 for the existing spaces as shown are correct. Chairperson Deaton asked if the
19 dimensions comply with City Code. Mr. Forgey stated that they are in compliance per
20 the approved plan as it went through plan check approximately 3 years ago. He then
21 indicated that with the compact dimensions there would be sufficient parking on the site,
22 and noted that there are 8 fueling stations, and these would also allow for parking. He
23 added that research shows that 85% of people accessing the convenience store are
24 customers who are at the station to fuel their cars. Chairperson Deaton commented
25 that when traveling by car and stopping for fuel she moves her car away from the fuel
26 pump to an alternate parking space when using the convenience store, as there are
27 always cars waiting to use the gas pumps. Mr. Forgey then noted that he and the
28 applicant met with the property owners within the Old Ranch Townhomes development
29 to hear their concerns and the applicant has proposed the following:
30
31 1. Shields are to be added to the perimeter yard lights to prevent overspill of lighting
32 onto surrounding properties.
33 2. The applicant has agreed that the track light on the exterior wall on the east side of
34 the building will be turned off in the early evening to prevent overspill of lighting onto
35 the adjacent property. Chairperson Deaton asked what time. Mr. Forgey stated that
36 the applicant had proposed 10:00 p.m., but he would agree to any time proposed by
37 the community.
38 3. Create a designated loading zone to the west side of the building, away from the
39 residences, to help reduce noise from delivery trucks.
40 4. Applicant will work with retail tenants regarding concerns over hours of operation.
41 Chairperson Deaton asked what the proposed hours of operation are to be. Mr.
42 Forgey stated he would let the applicant respond to this.
43 5. To prevent the accumulation of trash, applicant will increase weekly trash service
44 from 2 pick-ups per week to 4-5 per week, and will also provide trash receptacles at
45 the corners of the parking areas to the rear of the service station.
46 6. With regard to increased traffic and accessibility to Basswood Street, the service
47 station has 4 driveways, 2 on each side of the property, providing adequate access
48 from either Basswood or Lampson Avenue.
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1 7. Applicant will post signs prohibiting skateboarding at the rear side of the building and
2 will monitor to ensure that this activity does not occur. Chairperson Deaton asked if
3 this is to be monitored with cameras. Mr. Forgey stated that on-site personnel would
4 monitor this.
5
6 Jim Derry, resident of Old Ranch Townhomes, stated that although the residents did
7 have a very cordial meeting with the applicant and his representatives, not much was
8 resolved. He thanked them for meeting with the residents, but the reality is that the
9 issues remain the same. He noted that although there are 4 driveways to the service
10 station, the 2 exits onto Basswood are where cars turn right to then proceed to turn left
11 onto Lampson Avenue, and cars block traffic when doing so. The 2 driveways onto
12 Lampson Avenue allow traffic to travel east bound but many drivers will cross the
13 double yellow line to make a left turn westbound on Lampson Avenue creating a
14 dangerous situation. With regard to noise from delivery trucks, Mr. Forgey failed to
15 mention that the huge semi-truck that delivers fuel blocks a significant number of
16 parking spaces and many other huge trucks also block parking spaces when making
17 deliveries. He expressed the appreciation of the residents for the concessions
18 proposed to help mitigate the glare from lighting. With regard to the applicant’s claims
19 that the business will not make it without approval of the additional retail and the alcohol
20 sales, Mr. Derry stated that the applicant knew what the business was when it was
21 purchased and what the restrictions were when they signed on with Chevron. He noted
22 that the reason the service bays are being taken out is that Chevron does not allow this.
23 He then commented that he believes the request for the sale of alcohol was simply
24 brought into the negotiations as a “throw away” to make it more likely that they would
25 receive approval on the retail uses. He noted that this was the same negotiating ploy
26 used when the initial application for the convenience store was made. Mr. Derry
27 continued by stating that there have been no other suggestions for uses to go into the
28 service bay area other than food and a dry cleaner, and residents believe that this
29 would not be conducive to a neighborhood such as College Park East (CPE),
30 particularly since this location serves as the main portal to this neighborhood
31 community. He urged denial of CUP 09-5 and VAR 09-4.
32
33 Robert Tumelty, a resident of Old Ranch Townhomes, stated that he walks or drives by
34 the Chevron station every day and this is a highly congested area. He urged the PC to
35 approve CUP 09-5 as Staff has recommended and deny VAR 09-4.
36
37 Jan Howland, Old Ranch Townhomes, agreed with the previous speakers in urging
38 denial of CUP 09-5 and VAR 09-4.
39
40 Schelley Sustarsic, College Park East, spoke in opposition to CUP 09-5 and VAR 09-4
41 stating that parking at this service station can get very tight, with cars stacked on queue
42 for fueling, and noted that this is a very busy intersection and can become very
43 congested. She also commented on the noise that occurs with fast food restaurants
44 with customers arriving and departing, and feels that this might be a problem for
45 surrounding residents. She then expressed concerns with potential odors emanating
46 from the fast food restaurant or the cleaners, and questioned whether there would be
47 any controls over what type of business would come in should the sandwich shop or
48 cleaners not succeed and vacate. With regard to the sale of alcohol, Ms. Sustarsic
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1 noted that the California State PTA in 1985 adopted a resolution against selling alcohol
2 at gasoline stations and another in 1997 against the sale of alcohol near schools and
3 playgrounds. She stated that youths frequent these stores and there is the influence of
4 liquor on them and once you issue an alcohol license it remains with the property and
5 the business could change into something that would be detrimental to the surrounding
6 neighborhood. Chairperson Deaton requested clarification on the consensus of the
7 speakers tonight with regard to this application. Ms. Sustarsic stated that she does wish
8 to support businesses; however, she believes approving retail at this location would
9 definitely have an impact upon the neighboring homes, especially if the businesses
10 proposed are not the ones that end up there.
11
12 Matt Meader, Old Ranch Townhomes, stated he lives directly behind the gas station,
13 and they have been good tenants over the years, but what concerns him the most is
14 that formerly the service bays were open from 8:00 a.m. to 6:00 p.m. and afterwards it
15 was quiet with the lights turned out, but the proposed retail uses with parking to the rear
16 of the building will create a lot of noise late into the night. He noted that all of the
17 bedrooms for these townhomes are on the second level, making it difficult to have a wall
18 high enough to provide the privacy residents need. He also cited problems with trash
19 from wrappers and containers of items purchased at the store being disposed of in the
20 bushes of a nearby park. He added that increasing the trash pick ups will also mean
21 experiencing noise on a more frequent basis. Mr. Meader also expressed concerns
22 with the potential for a change in tenants in the retail spaces.
23
24 Mike Bubbe spoke in support of the residents of CPE noting that commercial ventures
25 should not disrupt the peace and quality of life of surrounding residents. He
26 recommended denial.
27
28 Chairperson Deaton asked Mr. Derry to clarify what the residents are asking for. Mr.
29 Derry stated that they support Staff’s position to deny VAR 09-4, but do not support
30 Staff’s recommendation in granting CUP 09-5. Chairperson Deaton asked what they
31 did not like about the CUP. Mr. Derry stated that residents would like everything to
32 remain as it is, with the service bays in operation. Commissioner Eagar asked if during
33 the meeting with the applicant, was the request to not bring in the retail discussed with
34 the recommendation to expand the convenience store into the remaining space. Mr.
35 Derry stated that this was not discussed at the meeting; however, Mr. Derry suggested
36 this to the applicant, who stated that Staff had indicated that this would not be possible.
37
38 Marty Balya, representative for the applicant, thanked the PC and the residents of Old
39 Ranch Townhomes stating that he wants to be a part of the neighborhood. He then
40 proceeded to address the concerns presented as follows:
41
42 1. What about trash?
43
44 A lot of money has gone into improving this facility and they wish to keep it clean
45 and attractive, but in order to ensure that the property is kept clean, it will be
46 necessary to have trash picked up at least 4-5 times per week.
47
48
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1 2. Parking
2
3 This was already addressed by Staff.
4
5 3. Hours of Operation
6
7 The hours of operation will be determined by what the neighborhood recommends.
8 Even though the station is currently permitted to operate until midnight, the owner
9 closes at 10:00 p.m. and will close earlier if residents so desire.
10
11 4. “Why in my back yard?”
12
13 Every attempt has been made to operate a nice, clean service station that will not be
14 an eyesore for surrounding residents or adversely impact the community.
15
16 5. Appearance of exterior of retail building.
17
18 The exterior of the new building will be the same texture and color as the existing
19 building.
20
21 6. Can the repair shop be brought back?
22
23 Although the repair shop business was doing well, the mechanic asked if prices
24 could be lowered so that he could have more customers. He then renewed his lease
25 for another 3-5 years and the applicant told Chevron that this was an existing lease
26 and the applicant would be required to honor it, but Chevron had a problem with
27 renewing the lease with the mechanic. He stated that the mechanic later called Mr.
28 Balya to state that he was vacating without notice, and now Chevron will not agree
29 to allow another lease for repair services with another mechanic. He indicated that
30 even though the residents wish to have the service station remain as it was, this is
31 no longer possible.
32
33 7. Alcohol sales.
34
35 The applicant does not wish this to become a liquor store, but to simply allow the
36 convenience store to be a one-stop place to shop to help reduce traffic and provide
37 a convenient place to shop. Also, the store will not be open until 1:00 or 2:00 a.m. to
38 sell alcohol, but will continue to close by 10:00 p.m. He noted that this is not about
39 bargaining but is an issue of survival.
40
41 8. Ownership of property.
42
43 Nivair Corporation is a California corporation and when purchasing the property from
44 the previous owner, they were not aware of how many previous approvals had been
45 granted or how they gained approval. He emphasized that as the new owners they
46 are honest people with high standards.
47
48 9. Skateboarders.
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1
2 The service station does have a security system and they will monitor this activity to
3 ensure that it does not continue. Residents will be provided with an emergency
4 contact number to call whenever skateboarders are present.
5
6 10. Deliver trucks.
7
8 Except for the gas delivery truck, all other delivery trucks have a designated area for
9 making deliveries
10
11 Mr. Balya then stated that at the resident meeting he had proposed leaving the business
12 if residents were willing to pay him the cost of his investment of $2.5 million in this
13 property, and they could then determine what they wished to do with the property.
14
15 Commissioner Eagar suggested installing rear entrances to make entering the retail
16 businesses easier for customers parking in the 10 parking spaces at the rear of the
17 property. He cited this as a security issue. He stated that Nirvair has been a good
18 business owner and also suggested simply expanding the existing convenience store
19 into the vacant service bay areas. He said he has a big concern with the entire plan as
20 presented. Mr. Balya asked that Commissioner Eagar specify his concerns.
21 Commissioner Eagar stated the he is concerned with the security of the rear parking
22 area. Mr. Balya stated that the service station does have a security system, and he will
23 recommend that employees park in the rear parking lot so that customers can use the
24 front parking. Commissioner Eager asked how many employees the retail businesses
25 would have. Mr. Balya stated that the is not certain, but he emphasized that they will
26 not have a “fast food” restaurant, but simply a food business with no drive-thru window.
27
28 Commissioner Massa-Lavitt asked how many employees would be on site. Mr. Balya
29 stated that currently there is one employee, but there could be a maximum of two.
30
31 There being no one else wishing to speak, Chairperson Deaton closed the public
32 hearing.
33
34 Commissioner Comments
35
36 Commissioner Eagar asked if one of the service bays could be demolished and the
37 other used to expand the convenience store. Mr. Olivera stated that this could be done,
38 and the only thing that might preclude this would be the requirement for additional
39 parking for the larger store. He commented that as mentioned by Mr. Derry, when he
40 visits the station to fuel his car, he usually leaves it parked at the fueling pump while he
41 visits the convenience store. Commissioner Eagar then stated that he is happy to see
42 that the applicant is working with the residents, but he still has concerns regarding the
43 rear parking area, and the fact that the CUP runs with the property and should this
44 property owner leave, the new owners may request a variance for something else. Mr.
45 Olivera noted that City parking requirements do factor in employee parking as well as
46 customer parking. With regard to having control over the types of businesses that might
47 go into these spaces, Mr. Olivera noted that the applicant has proposed a sandwich
48 shop and a dry cleaner, but should the PC approve CUP 09-5, Staff has worded
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1 Resolution 09-19 to speak specifically to retail uses and indicates that should the nature
2 of the business substantially change, it would require submission of a new CUP. Also, it
3 would be within the PC’s discretion to specify the type of use to be permitted in these
4 retail spaces. The Senior Planner then addressed concerns over noise created by a
5 restaurant type use, and noted that the difference between the proposed sandwich shop
6 and the Jack-in-the-Box is that there will be no drive thru at this location. He then
7 addressed the issue of hours of operation and stated that although the service station is
8 currently permitted to operate between the hours of 5:00 a.m. and midnight, Staff has
9 proposed that the PC condition the hours of operation for the retail portion to be from
10 7:00 a.m. to 9:00 p.m., and the PC could further restrict these hours if desired. Mr.
11 Olivera then noted that Staff’s recommendation to deny the request for the alcohol
12 license had to do with the fact that this specific census tract is currently at the level of
13 concentration, which is 3 off-sale licenses, and to approve an additional license would
14 place this tract in a state of over-concentration and would require a Letter of Public
15 Necessity and Convenience from the PC, acknowledging that the public necessity and
16 convenience would be served by the approval of the Conditional Use Permit for the
17 license. Commissioner Larson stated that the fact that this business is within 100 feet
18 of residences already precludes approval of this request. Mr. Olivera then addressed
19 the recommendation for creating rear entrances to the retail businesses, stating that in
20 speaking with a number of law enforcement officials having a rear entrance in a
21 convenience store would be more of a security risk, particularly in the case of an
22 attempted robbery.
23
24 Commissioner Eagar reminded the Commission that the retail center on the corner of
25 Seal Beach Boulevard (SBB) and Lampson Avenue has several sandwich shops and
26 fast food restaurants. This is why he has a problem with permitting the retail uses.
27
28 Commissioner Larson stated that the job of the PC is to preserve the quality of life for
29 the people living in Seal Beach. He noted that the PC is not in partnership with the
30 Chamber of Commerce or businesses, but should work to provide a nice place to live so
31 that people can enjoy their residence, as this is the primary reason for living in Seal
32 Beach. He stated that while this is not a big business, it is a business and intrudes into
33 the livability of the neighborhood, so he is reluctant to vote for any changes when the
34 homeowners have not been satisfied that their concerns will be met. He added that
35 although the applicants are nice gentlemen, he is not convinced that all of the concerns
36 expressed can be adequately addressed. He stated that his prime concern is the
37 people in the community who are feeling threatened by the change in use.
38
39 Commissioner Bello stated that she also has serious concerns with the plan as
40 presented, especially with the noise and parking issues, and the Variance she would not
41 even consider. She asked which came first the townhomes or the gas station. Mr.
42 Olivera interjected that the gas station was constructed in 1968, and the townhomes
43 were constructed in 1974.
44
45 Commissioner Eagar noted that the people have spoken and he always votes in favor of
46 what the people have said.
47
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1 Commissioner Massa-Lavitt stated that she is not able to make findings for approval of
2 Variance 09-4, and in terms of the proposed retail use, it is unfortunate that the service
3 bays were removed. She asked how long ago they had been removed. Mr. Olivera
4 stated that the applicant had stated that they had been out of service for at least 6
5 months. Commissioner Massa-Lavitt asked if there were a sunset clause when this use
6 would lose its entitlement. Mr. Whittenberg stated that this does not apply in this case,
7 and the service bays could be opened if they wished, since the current CUP does allow
8 this as part of the business operation. Commissioner Massa-Lavitt then noted that
9 moving the loading area was going to present a physical problem. She said that it
10 sounds as though there will be increased noise and activity and neighboring residents
11 who previously enjoyed some measure of quiet from this business in terms of the
12 service bays consistently closing at 6:00 p.m. and the convenience store closing at
13 10:00 p.m., would find these conditions “hard to beat,” and she cannot think of any
14 reason to vote to approve additional impacts to surrounding residents.
15
16 Chairperson Deaton stated that during the discussion related to the Jack-in-the-Box on
th
17 8 Street, the issue was not the drive-thru window but trash, late night visitors, people
18 talking behind the restaurant, the opening and closing of the doors, and the litter left in
19 the parking lot. She said that this application is a real problem and it is like trying to
20 stick a square peg into a round hole, and it is not working. She noted that the hours of
21 operation are a problem, and the alcohol permit is not going to happen, as there is no
22 way to make the findings to allow for approval of this Variance. She stated that parking
23 is also an issue and she would be in favor of denying the entire proposal as the
24 representative for the Old Ranch Townhomes has requested.
25
26 MOTION by Eagar; SECOND by Massa-Lavitt to deny Conditional Use Permit 09-5 as
27 presented.
28
MOTION CARRIED: 5 – 0
29
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
30
NOES: None
31
ABSENT: None
32
33
34 Mr. Flower noted that Staff would return with the final resolution to deny for adoption at
35 the next scheduled meeting. He noted that the 10-day appeal period would begin after
36 adoption of Resolution 09-19 to deny Conditional Use Permit 09-5.
37
38 MOTION by Larson; SECOND by Eagar to deny Variance 09-4 and adopt Resolution
39 09-30 as presented.
40
MOTION CARRIED: 5 – 0
41
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
42
NOES: None
43
ABSENT: None
44
45
46 Mr. Flower advised that the adoption of Resolution No. 09-30 begins a 10-day calendar
47 appeal period to the City Council. The Commission action tonight is final and the
48 appeal period begins tomorrow morning.
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1
2 5. Main Street Specific Plan (MSSP)
3
4 Staff Report
5
6 Mr. Whittenberg stated that the Commission has been provided an update on this issue
7 and noted that Staff had anticipated that City Council (CC) would have considered this
8 item at its meeting of August 10, 2009, and provided direction to Staff. Unfortunately,
9 with the number of items on the agenda that night, CC was not able to consider this
10 item. He indicated that Staff has provided the Commissioners with a copy of the CC
11 Staff Report that is to be considered at their next scheduled meeting of September 14,
12 2009. Staff will await direction from the CC and most likely will not return with this item
13 until the PC meeting of October 7, 2009.
14
15 Mr. Flower added that one of the issues involved with the discussion on the MSSP has
16 been what to do about Conditional Use Permits and the revocation or possible sun
17 setting provisions. He indicated that the PC had requested that he report back on
18 revocation procedures, and he can provide a brief discussion on this tonight, should the
19 PC wish to do so, or he could hold off until Staff has information to present on this item
20 in October. Chairperson Deaton requested that this presentation be postponed until the
21 meeting in October.
22
23 Mr. Whittenberg stated that it would now be appropriate to receive and file this matter.
24
25 MOTION by Massa-Lavitt; SECOND by Larson to receive and file Main Street Specific
26 Plan (MSSP) Staff Report as presented.
27
MOTION CARRIED: 5 – 0
28
AYES: Deaton, Bello, Eagar, Larson, and Massa-Lavitt
29
NOES: None
30
ABSENT: None
31
32
STAFF CONCERNS
33
34
35 None.
36
COMMISSION CONCERNS
37
38
39 Commissioner Massa-Lavitt asked why the articles of information provided to the
40 Commissioners are placed on the Consent Calendar. Mr. Whittenberg indicated that
41 this is necessary for public notice purposes as to what the Planning Commission (PC) is
42 receiving. Commissioner Massa-Lavitt then asked why it would be necessary to vote on
43 these items, as this appears to be overkill. She inquired whether there was a section on
44 the agenda where these items could be placed without the need to cast a vote on them.
45 Mr. Flower explained that the Consent Calendar can accommodate a variety of things,
46 and typically it will include items that do require a vote, but it has been the standard
47 practice over the years to also place any information items under the Consent Calendar
48 to keep the public informed of materials being distributed. Chairperson Deaton noted
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City of Seal Beach Planning Commission
Meeting Minutes of August 19, 2009
that she had previously requested that Staff provide a brief Staff Report on these items.
Mr. Whittenberg stated that Staff had understood that if the PC desired to hear a short
presentation on an item, it would be removed from the Consent Calendar for further
discussion. He explained that Consent Calendar items are basically to be approved to
receive and file without any discussion. Commissioner Larson stated that the
Commissioners read articles in various publications outside of the agenda and he also
does not feel that these items need to be included in the Consent Calendar. Mr.
Whittenberg stated that Staff has discussed this issue with the City Attorney's office and
was advised that these items should be included in the agenda to provide the public
with notice of what Staff is providing to the PC.
Chairperson Deaton inquired about the CC determination on the appeal of the PC
denial of the four Height Variations on 10th Street. Mr. Whittenberg indicated that CC
upheld the decision to deny, with the final resolutions scheduled for adoption at the CC
meeting of September 14, 2009.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 8:58 p.m. in memory of Bob Eagle and
proceeded to read the e-mail circulated from the City Manager's office regarding Mr.
Eagles passing. She then requested that a copy of the minutes be provided to Mrs.
Cindy Eagle. (Copy of e-mail is on file for inspection in the Planning Department.)
Respectfully Submitted,
(\A'A~iu~ ~~~~ "
Carmen Alvarez, Executive Assist~t
Planning Department
APPROVAL
The Commission on September 9, 2009, approved "the Minutes of the Planning
Commission Meeting of Wednesday, August 19, 2009. ~.
12 of 12
Page 1 of 1
Carmen Alvarez
From: Jan Sledge
Sent: Wednesday, August 26,20099:09 AM
To: Carmen Alvarez
Subject: FW: sad news
From: David Carmany
Sent: Tuesday, August 18, 2009 8:23 AM
Subject: sad news
With a saddened heart I want inform all of you that one of our long-time employees, Bob Eagle, passed
away last night at home of natural causes. Bob was a dedicated employee, resident, and champion of
Seal Beach who will be missed greatly. Bob was hired as a Maintenance Worker on April 1 , 1972 and
held several positions in Public Works over the past 37 years, including Maintenance Worker II, Motor
Sweeper Operator, Parks Lead Person, Parks Supervisor, Landscape Supervisor, and Public Works
Supervisor.
Bob was quite active at Grace Community Church where he sang every Sunday and was involved in
church leadership.
I'll let you know as soon as we receive details regarding a memorial service. Please keep Bob and his
family in your thoughts and prayers during this very difficult time.
David Carmany, City Manager
City of Seal Beach, 211 8th Street, Seal Beach, CA 90740. (562) 431-2527, ext. 1300. The City of Seal Beach is a Charter City located in Orange
County, California. Seal Beach sits on the coast as the gateway to Orange County between the cities of Long Beach and Huntington Beach. With a
population of 24,098, Seal Beach celebrated its 90th anniversary in Oclober 2005. Governed by a five member council, who are elected by district, the
city operates under the council/city manager form of government. Seal Beach has retained its quaint, small-town atmosphere. Seal Beach is the home
of Leisure World, a gated senior citizen community of almost 9,000 residents. The 5,256-acre Seal Beach Naval Weapons Station, and the 920-acre
Seal Beach National Wildlife Refuge, comprises 2/3 of the land within the 13.23 squa-e-mile City.
For more information about Seal Beach, please see our city website:
httR:/Iwww.ci.seal-beach.ca.us.
8/26/2009