HomeMy WebLinkAboutPC Min 2009-11-18City of Seal Beach Planning Commission
Agenda for November 18, 2009
7:30 p.m.
PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. AGENDA APPROVAL
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.
IV. ORAL COMMUNICATIONS
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.
V. CONSENT CALENDAR
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 — October 2009.
2. Approve Planning Commission Meeting Minutes of November 4, 2009.
3. Receive and File: "Form Based Codes: Implementing Smart Growth."
4. Receive and File: "2012 RTP Preliminary Growth Forecasts — Methodology,
Assumptions, and Preliminary Results."
5. Receive and File: "Orange County Workforce Indicators Report 2009 - 2010."
6. Receive and File: "2009 California APA Award Winners," Project
Descriptions.
7. Receive and File: Status of "Dog Houses" and Main Street ABC permits. _
City of Seal Beach Planning Commission - Agenda of November 18, 2009
8. Minor Plan Review 09 -10
A -30 Surlside Avenue
Applicant/Owner: Chrys Ritchie
Request: To construct a new second story deck/balcony on the
beach side (front) of an existing two - storey, single -
family residence.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-44, as presented.
VI. SCHEDULED MATTERS
9. Adopt Resolution 09-40 approving Conditional Use Permit 08 -3 for the
expansion of the operating hours to 11:00 a.m. to 11:00 p.m., Friday and
Saturday at the Main Street Wine Cellar, 302 Main Street.
10. Adopt Resolution 09 -38 approving Minor Plan Review 09 -9 for the addition of
an exterior elevator to an existing non - conforming residential property at 1101
Seal Way.
11. Adopt Resolution 09 -32 denying Variance 09 -5 for an approximate 207 -sq. ft.
expansion to an existing, non - conforming residential property at 1101 Seal
Way.
12. Discussion regarding the creation of an ad -hoc committee to establish
agenda protocols for Planning Commission meetings.
VII. PUBLIC HEARING
13. Conditional Use Permit 09 -10
1700 Saturn Way (Dendreon Corporation)
Applicant/Owner: Ken Hammer, Dendreon Corp / Overton Moore
Properties
Request: To allow 24 -hour operation of a biotechnology facility
within the Boeing Integrated Defense Systems (BIDS)
Specific Plan area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-47 as presented.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
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City of Seal Beach Planning Commission • Agenda of November 18, 2009
X. ADJOURNMENT
Adjourn to regular scheduled meeting of December 9, 2009, at 7:30 P.M.
City of Seal Beach Planning Commission • Agenda of November 18, 2009
2009 Agenda Forecast
Dec 09
Dec 23 MEETING CANCELLED
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of November 18, 2009
Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, November 18, 2009. The meeting
was held in the City Council Chambers and began with the Salute to the Flag.'
ROLL CALL
Present: Chairperson Deaton, Commissioners Bello, Galbreath, Larson, and
Massa - Lavitt.
Also
Present: Department of Development Services
Jerry Olivera, Senior Planner
Steve Flower, Assistant City Attorney
Absent: Terrence Belanger, Interim Director of Development Services
AGENDA APPROVAL
Mr. Olivera recommended that Item No. 12 be moved to the end of the agenda after the
public hearing, as this is a discussion item.
MOTION by Larson; SECOND by Galbreath to approve the Agenda as amended.
MOTION CARRIED: 5 — 0
AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
Chairperson Deaton opened oral communications.
Joyce Parque noted that an elevator was installed in the common area of a converted
condominium complex at 805 -807 Ocean Avenue with no need to come before the
Planning Commission (PC). She stated that the patios in this complex were also
permitted to be enclosed. She also spoke regarding rear setbacks for garages.
Chairperson Deaton noted for the record that the PC had approved the installation of an
elevator at 1101 Seal Way.
These Minutes were transcribed from audiotape of the meeting.
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Ruth Harrell, Seal Beach Chamber of Commerce, invited everyone to the 2 nd Annual
Tree Lighting Ceremony to be conducted on Friday, November 27 at the foot of the
Pier, and the Holiday Parade, which will be held on Friday, December 4 She also
noted that the SBCC has submitted communications regarding two items on the
agenda.
There being no one else wishing to speak, Chairperson Deaton closed oral
communications.
CONSENT CALENDAR
1. Building Department Activity Report — October 2009.
2. Approve Planning Commission Meeting Minutes of November 4, 2009.
3. Receive and File: "Form Based Codes: Implementing Smart Growth."
4. Receive and File: "2012 RTP Preliminary Growth Forecasts — Methodology,
Assumptions, and Preliminary Results."
5. Receive and File: "Orange County Workforce Indicators Report 2009 - 2010."
6. Receive and File: "2009 California APA Award Winners," Project Descriptions.
7. Receive and File: Status of "Dog Houses" and Main Street ABC permits.
8. Minor Plan Review 09 -10
A -30 Surfside Avenue
Applicant /Owner: Chrys Ritchie
Request: To construct a new second story deck/balcony on the beach
side (front) of an existing two - storey, single - family residence.
Recommendation: Approval, subject to conditions, and adoption of Resolution
09 -44, as presented.
MOTION by Galbreath; SECOND by Bello to approve the Consent Calendar as
presented.
MOTION CARRIED: 5 — 0
AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: None
ABSENT: None
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Mr. Flower advised that the adoption of Resolution No. 09 -44 begins a 10 -day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
SCHEDULED MATTERS
9. Adopt Resolution 09 -40 approving Conditional Use Permit 08 -3 for the expansion
of the operating hours to 11:00 a.m. to 11:00 p.m., Friday and Saturday at the Main
Street Wine Cellar, 302 Main Street.
Commissioner Larson stated that he would be voting "NO" on this item, as when
speaking at the October 21 meeting it was evident that Mr. Partlow "has an attitude,"
and it does not appear that he will be willing to comply with the regulations.
Commissioner Larson stated that he sees no reason to keep the restaurant open
beyond the approved hours, which affects enforcement of business hours for every
other business on Main Street.
MOTION by Massa - Lavitt; SECOND by Bello to adopt Resolution 09 -40 approving
Conditional Use Permit 08 -3 for the expansion of the operating hours to 11:00 a.m. to
11:00 p.m., Friday and Saturday at the Main Street Wine Cellar, 302 Main Street as
presented.
MOTION CARRIED: 4-1-0
AYES: Deaton, Bello, Galbreath, and Massa - Lavitt
NOES: Larson
ABSENT: None
Chairperson Deaton stated that Commissioner Larson is absolutely correct in his
objection. She then confirmed that Staff is monitoring the closing time for the Main
Street Wine Cellar. Mr. Olivera stated that both he and the Seal Beach Police
Department (SBPD) are keeping track of the closing time for reporting at a January
2010 meeting.
Mr. Flower advised that the adoption of Resolution No. 09 -40 begins a 10 -day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
10. Adopt Resolution 09 -38 approving Minor Plan Review 09 -9 for the addition of an
exterior elevator to an existing non - conforming residential property at 1101 Seal
Way.
Mr. Olivera indicated that this item was carried over from the PC meeting of October 21,
2009. He noted that the PC had made a split decision on this application, denying
Variance 09 -5 and approving Minor Plan Review 09 -9.
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MOTION by Bello; SECOND by Massa - Lavitt to adopt Resolution 09 -38 approving
Minor Plan Review 09 -9 for the addition of an exterior elevator to an existing
nonconforming residential property at 1101 Seal Way as presented.
MOTION CARRIED: 5 — 0
AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: None
ABSENT: None
11. Adopt Resolution 09 -32 denying Variance 09 -5 for an approximate 207 -sq. ft.
expansion to an existing, non - conforming residential property at 1101 Seal Way.
MOTION by Massa - Lavitt; SECOND by Bello to adopt Resolution 09 -32 denying
Variance 09 -5 for an approximate 207 -sq. ft. expansion to an existing non - conforming
residential property at 1101 Seal Way as presented.
MOTION CARRIED: 5 — 0
AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: None
ABSENT: None
Mr. Flower advised that the adoption of Resolution Nos. 09 -38 and 09 -32 begins a
10 -day calendar appeal period to the City Council. The Commission action tonight is
final and the appeal period begins tomorrow morning.
PUBLIC HEARINGS
13. Conditional Use Permit 09 -10
1700 Saturn Way (Dendreon Corporation)
Applicant /Owner: Ken Hammer, Dendreon Corp / Overton Moore Properties
Request: To allow 24 -hour operation of a biotechnology facility within
the Boeing Integrated Defense Systems (BIDS) Specific
Plan area.
Recommendation: Approval, subject to conditions, and adoption of Resolution
09 -47 as presented.
Staff Report
Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning
Department.) He provided some background information on this item and noted that the
City of Seal Beach Zoning Code (ZC) requires that business uses wanting to operate
between the hours of 2:00 a.m. and 6:00 a.m. obtain a Conditional Use Permit (CUP).
He explained that this is a biotechnical facility that processes blood, and due to the
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time - sensitive nature of the processing with shipments coming in at all hours of the day
and evening, the turnaround time requires that this be a 24 -hour operation. He
indicated that Staff anticipates no adverse impacts with regard to noise or operation of
the facility, as the facility is located a sufficient distance from residential properties. He
stated Staff recommends approval of Conditional Use Permit (CUP) 09 -10.
Commissioner Questions
Chairperson Deaton asked if Staff is aware of any biohazard problems with this
operation. Mr. Olivera stated that blood is considered a biohazardous substance, and it
is his understanding that this facility is very tightly regulated by the Food and Drug
Administration (FDA) and the Department of Transportation (DOT). Chairperson
Deaton inquired about how work shifts will change. Mr. Olivera explained that
Dendreon has provided a time schedule of the changes in shifts, which are to be
staggered throughout the day from approximately 2:00 p.m. until 5:30 p.m. creating no
traffic or parking impacts. He noted that because of the size of the facility, Dendreon
will be required to participate in the City's Transportation Demand Management Plan.
He indicated that this program would require that Dendreon incorporate ride - sharing
and public transportation incentives.
Public Hearing
Chairperson Deaton opened the public hearing.
Heidi Hagen, Senior Vice President of Operations for Dendreon, stated that they are in
agreement with the Conditions of Approval, but because this facility will be under
construction during the next year, Dendreon is requesting that Condition No. 9 reflect
that Conditional Use Permit 09 -10 would become null and void "unless exercised within
1 year from the date of the Certificate of Occupancy . . ." Chairperson Deaton asked
whether there is a biohazard involved. Ms. Hagen explained that they do work with
human cells, and for this reason Dendreon will have DOT containment regulations with
which they must comply when transporting product, and FDA requirements for the
safety of their staff, the building, and everything associated with products. Chairperson
Deaton then inquired about the changing in shifts. Ms. Hagen stated that most of the
production takes place in the late evening and through the night, so they do have
rotating shifts as described by Staff. She noted that within a 24 -hour period they will
schedule 4 blocks of time for production during the late evening. She noted that at any
one time there really is not an aggregate of a lot of employees on site. Commissioner
Larson asked "What do you do ?" Ms. Hagen explained that they are essentially an
oncological company that manufactures a prostate cancer product that "teaches"
immune cells to go after cancer cells. Commissioner Galbreath asked what type of
transportation vehicles are used to deliver samples to the facility. Ms. Hagen stated that
small volumes are delivered by a courier via automobile. She indicated that they don't
have large volume deliveries. Commissioner Galbreath asked what type of product
containment would be utilized by the courier should the auto be involved in a collision.
Ms. Hagen stated that a validated shipper is used for the samples, which includes a
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very thick Styrofoam encasement. She then proceeded to display a sample of the
shipper. Commissioner Galbreath then asked if Styrofoam is subject to burning. Ms.
Hagen stated that she was not certain what the burn point would be. Mr. Mike Kopp,
Lifetek Solutions, stated that Styrofoam is a material that is commonly used in
insulation, and while it is combustible, it typically has a fairly low flame spread capability
and is not explosively flammable. He noted that the containment of the fire would
destroy any biohazard in the product.
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
Commissioner Comments
None.
MOTION by Larson; SECOND by Galbreath to approve Conditional Use Permit 09 -10,
subject to conditions, and adopt Resolution 09 -47 as presented.
MOTION CARRIED: 5 — 0
AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: None
ABSENT: None
Mr. Flower advised that the adoption of Resolution No. 09 -47 begins a 10 -day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
Chairperson Deaton requested that the motion be reconsidered to include the changes
requested by Ms. Hagen. Mr. Flower recommended that Condition No. 9 be amended
to read:
"This Conditional Use Permit shall become null and void unless exercised within
one year of the date of occupancy ..."
MOTION by Larson; SECOND by Massa - Lavitt to approve Conditional Use Permit
09 -10, subject to conditions, and adopt Resolution 09 -47 as amended.
MOTION CARRIED: 5 — 0
AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: None
ABSENT: None
12. Discussion regarding the creation of an ad -hoc committee to establish agenda
protocols for Planning Commission meetings.
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Staff Report
Mr. Flower stated that the suggested Ad Hoc Committee would be responsible for
addressing issues pertaining to the Planning Commission (PC) including scheduling,
calendaring, agenda setting, and identifying conflicts of interest. He explained that
within the last few months it has become apparent that Staff, including the City
Attorney's Office must take a more pro- active and coordinated approach to setting the
PC schedule and identifying potential problems to the agenda before they "pop up" at
meetings. As an example, he noted that currently there is no system for tracking
Commissioner absences from meetings, and if Staff knows this in advance this can help
to schedule the agenda items. He explained that this becomes a problem when a
project coming before the PC is located within a particular Commissioners district, and
that Commissioner is absent the night of the hearing. The item must then be continued
to the next scheduled meeting. Mr. Flower indicated that Staff believes that it would
greatly assist them if members of the PC would formally meet with Staff to help identify
all potential issues along this vein, and develop procedures to address them. Staff,
therefore, recommends that the PC appoint 2 of its members to serve as an ad hoc
subcommittee to work with Staff on these issues. Mr. Flower noted that the questions
before the PC tonight are as follows:
1. Should a subcommittee be formed to work with Staff on these issues?
2. Which member of the Planning Commission shall be appointed to serve on the
Committee?
Commissioner Questions
Chairperson Deaton polled the Commission regarding forming an ad hoc committee.
Commissioner Massa - Lavitt agreed. Commissioner Bello asked how often the
committee would meet. Mr. Flower stated that there would be no regular meeting
schedule, but the committee would meet whenever the members could get together with
Staff. Commissioner Larson asked if the committee would have the authority to
calendar items. Mr. Flower stated that this is not about scheduling items on the
calendar, but is about working with Staff to develop procedures going forward to help
avoid these problems. Chairperson Deaton stated that calendaring should be
discussed, with one of the main objectives being to establish procedures for tracking
Commissioner absences. The Commission was unanimously in agreement with
establishing the subcommittee. Chairperson Deaton then asked for volunteers. Seeing
none, Chairperson Deaton recommended that she and Commissioner Larson serve on
the subcommittee. Commissioner Larson was in agreement.
MOTION by Massa - Lavitt; SECOND by Galbreath to form a subcommittee and appoint
Chairperson Deaton and Commissioner Larson to serve.
MOTION CARRIED: 5 — 0
AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: None
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1 ABSENT: None
2
3 STAFF CONCERNS
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5 None.
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7 COMMISSION CONCERNS
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9 Commissioner Larson requested that the 500 -ft. radius map for his home address be
10 corrected to show the correct building. He then referred to the maps of the Planning
11 Districts and noted that he does not understand the difference between the City Council
12 and Planning Districts. Mr. Olivera explained that the Planning Districts are based upon
13 development within those specific districts, so they would tend to address the type of
14 development in an area, rather than correspond to the City Council Districts. Mr. Flower
15 added that Council Districts are drawn based upon population and can change with the
16 census.
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18 Commissioner Galbreath clarified that he is the representative for Council District 4 and
19 not Planning District 4. Mr. Olivera stated that this was correct.
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21 Chairperson Deaton recommended that Staff place on a future agenda a discussion on
22 the designations for the Planning and City Council Districts.
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24 Commissioner Massa - Lavitt suggested that the Ad Hoc Committee direct that notices of
25 appeals be provided to the Planning Commissioners. She then inquired about the items
26 for the December 9 agenda. Mr. Olivera reported that the scheduled matter for
27 discussion on the status of "Dog Houses" and the ABC permits on Main Street would be
28 scheduled for that meeting.
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30 Commissioner Galbreath inquired about the use of asphalt for curb and sidewalk repairs
31 in College Park East (CPE). Mr. Olivera stated that this would be a question for the
32 Department of Public Works. He indicated that he would convey the information to
33 Public Works as request that they report back to Commissioner Galbreath.
34 Commissioner Galbreath thanked Staff for the removal of the barriers at the intersection
35 of Lampson Avenue and Seal Beach Boulevard (SBB). He then asked about the
36 confusion for drivers when traveling southbound on SBB to and making a left turn onto
37 Lampson Avenue. Mr. Olivera reported that Public Works has this under review as part
38 of the realignment of that entire intersection. Commissioner Galbreath then inquired
39 about whether there is a limit to the number of occupants that can reside in a rented
40 home. He noted that a home in CPE is currently rented by several college sorority
41 members and has resulted in problems with parking, noise, and litter. Mr. Flower stated
42 that occupancy limits are set by state law and the City cannot require a smaller number.
43 He indicated that he could review the Title 11 Revision to see how this was handled and
44 report back to the Commission. Mr. Olivera added that the City can enforce the
45 problems with noise and litter, and recommended that residents call the Seal Beach
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1 Police Department (SBPD) with complaints in order to document multiple calls for
2 service at this location.
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4 Chairperson Deaton asked for a status on the DWP Property. Mr. Olivera reported that
5 Staff is still in the process of responding to Bay City Partners' response to the notice of
6 incomplete application.
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8 ADJOURNMENT
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10 Chairperson Deaton adjourned the meeting at 8:23 p.m.
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13 Respectfully Submitted,
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17 Carmen Alvarez, Executive Assistant
18 Planning Department
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21 APPROVAL
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23 The Commission on December 9, 2009, approved the Minutes of the Planning
24 Commission Meeting of Wednesday, November 18, 2009..
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