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Home My WebLink AboutPC Min 2010-02-17City of Seal Beach Planning Commission Agenda for February 17, 2010 7:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL By Motion of the Planning Commission, this is the time to notify the public of any changes to the Agenda, re- arrange the order of the Agenda, and 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 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 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. Approve Planning Commission Meeting Minutes of February 3, 2010. 2. Minor Plan Review 10 -3 4533 Elder Avenue Applicant /Owner: William & Julie King Request: To legalize an existing unpermitted barbecue and counter structure located within the required rear setback area. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -4. 1 City of Seal Beach Planning Commission • Agenda of February 17, 2010 SCHEDULED MATTERS 3. Adoption of Resolution 10 -6 approving the Indefinite Extension of Conditional Use Permit 09 -2 for the Main Street Wine Cellar at 302 Main Street and for the expansion of existing operating hours to 11:00 a.m. to 11:00 p.m., Friday and Saturday. 4. Review of Planning Commission Operating Guidelines and Adoption of Resolution 10 -11. 5. Appointment of Planning Commission Representative to the Environmental Consultant Review Panel for the DWP Specific Plan. PUBLIC HEARING 6. Conditional Use Permit 09 -2 (Indefinite Extension) 12235 Seal Beach Blvd. (Pei Wei Asian Diner) Applicant /Owner: Nina Raey, Fancher Development Services / Century National Properties, Inc. Request: Indefinite Extension of Conditional Use Permit 09 -2 permitting an outdoor dining area (no outside alcohol service) at an existing restaurant located in the Shops at Rossmoor. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -5. 7. Mitigated Negative Declaration 09 -2 General Plan Amendment 09 -1 Zone Change 09 -1 Variance 09 -2 Conditional Use Permit 08 -9 1300 Pacific Coast Highway (Chevron Station) Applicant /Owner: Karl Huy, Travis Companies, Inc. / George A. Pearson, G &M Oil Company Requests: Project application consists of: ❑ Mitigated Negative Declaration 09 -2, 1300 Pacific Coast Highway Project. The Planning Commission will receive comments from the public and provide any Commission comments regarding the adequacy of Mitigated Negative Declaration 09 -2 in complying with the FA City of Seal Beach Planning Commission • Agenda of February 17, 2010 requirements of the California Environmental Quality Act (CEQA). ❑ Request for approval of General Plan Amendment 09 -1 and Zone Change 09 -1 for an adjacent parking lot of 3,754 square feet that is currently in the Residential Medium Density Zone and is proposed to be placed into the General Commercial General Plan land use and General Commercial Zoning designations to accommodate the requested expansion of the service station facilities; ❑ Variance 09 -2 to allow for the expansion of the existing legal, non - conforming service station site, that will still be non - conforming to minimum lot size and minimum street frontage requirements of the Zoning Code: and ❑ Conditional Use Permit 08 -9 to permit the establishment of a new, 24 -hour convenience store with no alcohol sales. Recommendation: Continue to a future date. 8. Zone Text Amendment 10 -1 Citywide Applicant /Owner: City of Seal Beach Request: Revision of Section 28-2317.D, Height Variation for Non - Habitable Architectural Features, to eliminate provisions regarding Covered Access to Roof Decks. Recommendation: Adoption of Resolution 10 -12 and forward to City Council. DIRECTOR'S REPORT Note: Please bring your calendar to reschedule the March 17 meeting to another date. The preferred date is Thursday, March 18 COMMISSION CONCERNS ADJOURNMENT To special meeting date to be determined. 3 City of Seal Beach Planning Commission • Agenda of February 17, 2010 2010 Agenda Forecast Mar 03 Mar 17 Mar TBD Apr 07 Apr 21 May 05 May 19 Jun 09 Jun 23 Jul 07 Jul 21 Aug 04 Aug 18 Sep 08 Sep 22 Oct 06 Oct 20 Nov 03 Nov 17 Dec 08 Dec 22 MEETING CANCELLED MEETING CANCELLED Appeal of Staff Decision Re: Minor Plan Review 10 -4 Minor Plan Review 10 -5 Conditional Use Permit 10 -1 Conditional Use Permit 10 -2 Lot Line Adjustment DWP - 208 Ocean Avenue - 1117 Electric Avenue - 2940 Westminster Avenue - 4657 Guava Avenue Mitigated Negative Declaration 09 -2, General Plan Amendment 09 -1, Zone Change 09 -1, Variance 09 -2, Conditional Use Permit 08 -9 — 1300 Pacific Coast Hwy (Chevron Station) Apr 12 — Joint City Council & Planning Commission Meeting — Title 11 Planning Commission Training Session — Part I Planning Commission Training Session — Part II 4 1 2 3 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of February 17, 2010 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, February 17, 2010. 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 Mark Persico, Director of Development Services Jerry Olivera, Senior Planner Steve Flower, Assistant City Attorney AGENDA APPROVAL Chairperson Deaton noted that Item No. 7 was not publicly noticed and will not be heard tonight. MOTION by Massa - Lavitt; SECOND by Bello to approve the Agenda as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. Robert Goldberg complimented the Planning Commission on the proposed Planning Commission Operating Guidelines (PCOG) and requested clarification on Item 8C. These Minutes were transcribed from audiotape of the meeting. 1 of 10 City of Seal Beach Planning Commission Meeting Minutes of February 17, 2010 Seth Eaker spoke on the issue of the state taxing independent contractors. He also requested clarification on Item 8C and discussed the EDGE seminars, sponsored by the Seal Beach Chamber of Commerce. Sally Hirsch spoke in opposition to the destruction of the tennis courts at McGaugh School. Ann McGlone also spoke in opposition to the destruction of the tennis courts. Mike Buhbe opposed the destruction of the tennis courts and stated that with regard to Item 8C of the PCOG, he believes that individuals should not be allowed to speak more than once on the same question during a meeting. Joyce Parque stated that the tennis courts should not be destroyed. Chairperson Deaton closed oral communications. CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of February 3, 2010. 2. Minor Plan Review 10 -3 4533 Elder Avenue Applicant /Owner: William & Julie King Request: To legalize an existing unpermitted barbecue and counter structure located within the required rear setback area. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -4. MOTION by Massa - Lavitt; SECOND by Galbreath to approve the Consent Calendar as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None SCHEDULED MATTERS 3. Adoption of Resolution 10 -6 approving the Indefinite Extension of Conditional Use Permit 08 -3 for the Main Street Wine Cellar at 302 Main Street and for the expansion of existing operating hours to 11:00 a.m. to 11:00 p.m. on Friday and Saturday. 2of10 City of Seal Beach Planning Commission Meeting Minutes of February 17, 2010 Staff Report Mr. Olivera stated that Resolution 10 -6 was prepared for formal approval by the Planning Commission. MOTION by Bello; SECOND by Galbreath to adopt Resolution 10 -6 approving the Indefinite Extension of Conditional Use Permit 080 -3 for the Main Street Wine Cellar at 302 Main Street, 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. 10 -6 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 4. Review of Planning Commission Operating Guidelines and Adoption of Resolution 10 -11. Staff Report Mark Persico stated the Guidelines were prepared by the Planning Commission Ad Hoc Committee, comprised of Chairperson Deaton, Commissioner Larson, and Staff. He indicated that the Committee is proposing to change the meeting dates from the 1 St and 3 rd Wednesday after the 1 st Monday to every 1 st and 3 rd Wednesday, and to change the meeting time from 7:30 p.m. to 7:00 p.m. Chairperson Deaton said the change in meeting time would better coincide with the starting time for City Council meetings. Commissioner Bello stated that she works until 6:30 p.m., so this would create a conflict for her. Mr. Flower noted that the meeting dates and time have been set by City Ordinance, so this would simply be a recommendation to City Council. After discussion among the Commissioners the majority was in agreement with approving Item 8C as presented. MOTION by Larson; SECOND by Massa - Lavitt to adopt Resolution 10 -11 approving the Planning Commission Operating Guidelines, as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt 3of10 City of Seal Beach Planning Commission Meeting Minutes of February 17, 2010 NOES: None ABSENT: None Chairperson Deaton proposed the Planning Commission recommend the change in meeting dates to the City Council. MOTION by Larson; SECOND by Bello to recommend to City Council that the Planning Commission meeting dates be changed to the 1 St and 3 rd Wednesday of each month. 5. Appointment of Planning Commission Representative to the Environmental Consultant Review Panel for the DWP Specific Plan. Mr. Persico explained that the representative would participate in interviews for the environmental consultant. Commissioner Massa - Lavitt volunteered for the panel. MOTION by Larson; SECOND by Massa - Lavitt to appoint Commissioner Massa - Lavitt to the Environmental Consultant Review Panel for the DWP Specific Plan. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None PUBLIC HEARINGS 6. Conditional Use Permit 09 -2 (Indefinite Extension) 12235 Seal Beach Blvd. (Pei Wei Asian Diner) Applicant /Owner: Nina Raey, Fancher Development Services / Century National Properties, Inc. Request: Indefinite Extension of Conditional Use Permit 09 -2 permitting an outdoor dining area (no outside alcohol service) at an existing restaurant located in the Shops at Rossmoor. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -5. Staff Report Mr. Olivera provided background information on this item and noted that there have been no issues or concerns related to the use of the outdoor seating area. Staff recommends approval of Conditional Use Permit 09 -2 (Indefinite Extension). 4of10 City of Seal Beach Planning Commission Meeting Minutes of February 17, 2010 Commissioner Questions None. Public Hearing Chairperson Deaton opened the public hearing. Nina Raey, Fancher Development Services, stated that they agree with all of the conditions of approval. Seth Eaker spoke in support of approval of Conditional Use Permit 09 -2 (Indefinite Extension). Chairperson Deaton closed the public hearing. Commissioner Comments None. MOTION by Bello; SECOND by Larson to approve the Indefinite Extension of Conditional Use Permit 09 -2, subject to conditions, and adopt Resolution 10 -5 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. 10 -5 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 7. Mitigated Negative Declaration 09 -2 General Plan Amendment 09 -1 Zone Change 09 -1 Variance 09 -2 Conditional Use Permit 08 -9 1300 Pacific Coast Highway (Chevron Station) Applicant /Owner: Karl Huy, Travis Companies, Inc. / George A. Pearson, G &M Oil Company Requests: Project application consists of: ❑ Mitigated Negative Declaration 09 -2, 1300 Pacific Coast Highway Project. The Planning Commission will 5of10 City of Seal Beach Planning Commission Meeting Minutes of February 17, 2010 receive comments from the public and provide any Commission comments regarding the adequacy of Mitigated Negative Declaration 09 -2 in complying with the requirements of the California Environmental Quality Act (CEQA). ❑ Request for approval of General Plan Amendment 09 -1 and Zone Change 09 -1 for an adjacent parking lot of 3,754 square feet that is currently in the Residential Medium Density Zone and is proposed to be placed into the General Commercial General Plan land use and General Commercial Zoning designations to accommodate the requested expansion of the service station facilities; ❑ Variance 09 -2 to allow for the expansion of the existing legal, non - conforming service station site, that will still be non - conforming to minimum lot size and minimum street frontage requirements of the Zoning Code: and ❑ Conditional Use Permit 08 -9 to permit the establishment of a new, 24 -hour convenience store with no alcohol sales. Recommendation: Continue to a future date. 8. Zone Text Amendment 10 -1 Citywide Applicant /Owner: City of Seal Beach Request: Revision of Section 28-2317.D, Height Variation for Non - Habitable Architectural Features, to eliminate provisions regarding Covered Access to Roof Decks. Recommendation: Adoption of Resolution 10 -12 and forward to City Council. Staff Report Mr. Persico provided background information on this item and explained that this item was brought before the Planning Commission at the direction of City Council to amend the Municipal Code to prohibit Covered Roof Access Structures (CRAS). A brief slide presentation of examples of homes with roof access structures was provided. Mr. Persico indicated that this Code Amendment would still permit architectural projections above the 25 -ft. height limit, subject to the Height Variation process. Staff proposes recommending approval of Zone Text Amendment (ZTA) 10 -1 to City Council. Commissioner Questions 6of10 City of Seal Beach Planning Commission Meeting Minutes of February 17, 2010 None. Public Hearing Chairperson Deaton opened the public hearing. The following individuals cited the November 2009 election in which the people voted for a 25 -ft height limit and spoke in support of ZTA 10 -1: Dave Bruben Charmain Snow Barbara Barton Mike Buhbe Mario Rossi asked why the City wishes to eliminate CRAS, and said this appears to be inequitable for future property owners. Nancy Kredell asked if this would also apply to elevators. Mr. Flower stated that elevators requiring a CRAS would be prohibited if they exceed the 25 -ft. height limit. Mark Wotesco encouraged that the Planning Commission and Staff eliminate all of the "loopholes" before taking a final vote on this matter. Chairperson Deaton closed the public hearing. Commissioner Comments Chairperson Deaton asked if the Planning Commission has the ability to recommend that all decorative features exceeding the 25 ft. height limit be prohibited. Mr. Flower noted that chimneys are required to have a certain amount of clearance from the roof and would have to exceed the height limit. Commissioner Larson stated that it would be easy to prohibit anything above the 25 -ft. height limit, but he questioned how this could be done with chimneys and air conditioning units. Mr. Olivera pointed out that architectural features or mechanical equipment exceeding the 25 -ft. height limit would still be subject to the Height Variation process. Chairperson Deaton noted that granting a Height Variation can be completely arbitrary, and when Measure Z passed, the public understood that the maximum height for homes would be 25 feet. Commissioner Bello said she favors eliminating CRAS, but would also favor eliminating any other non - habitable architectural features that may exceed the height limit. Chairperson Deaton moved that the Planning Commission recommend to City Council to do away with architectural features exceeding the height limit and eliminate the 7of10 City of Seal Beach Planning Commission Meeting Minutes of February 17, 2010 Height Variation process. Mr. Flower noted that Resolution 10 -12 as prepared by Staff only addresses the proposed elimination of CRAS. Commissioner Massa - Lavitt stated that she opposes CRAS, but favors architectural features, as they add uniqueness to a structure and provide variety. Mr. Persico stated that Staff could prepare development standards with specific height limits for architectural features, limiting the height by feet or percentages of the building square footage. Chairperson Deaton agreed that the CRAS be eliminated, and reiterated that she would like to do away with Height Variations, and Staff could also explore the options for limiting non - habitable architectural features. MOTION by Deaton; SECOND by Bello to approve Zone Text Amendment 10 -1, subject to conditions, and adopt Resolution 10 -12, as presented. MOTION CARRIED: 4-0-1 AYES: Deaton, Bello, Larson, and Massa - Lavitt NOES: Galbreath ABSENT: None Commissioner Galbreath stated that he had assumed the vote included architectural features and requested to vote again. MOTION by Massa - Lavitt; SECOND by Bello for reconsideration. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None MOTION by Deaton; SECOND by Bello to approve Zone Text Amendment 10 -1, subject to conditions, and adopt Resolution 10 -12, 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. 10 -12 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. Commissioner Larson stated that he would prefer to limit the options and the arbitrariness that occurs under the Height Variation process. 8of10 City of Seal Beach Planning Commission Meeting Minutes of February 17, 2010 Commissioner Galbreath stated that from what he has heard the public does not want anything to exceed the 25 -ft. height limit. MOTION by Massa - Lavitt; SECOND by Bello to direct Staff to prepare development standards to allow non - habitable architectural features in new construction subject to the Height Variation process. MOTION CARRIED: 1 — 4 AYES: Massa - Lavitt NOES: Deaton, Bello, Galbreath, and Larson ABSENT: None MOTION by Deaton; SECOND by Bello to direct Staff to return with a report eliminating Height Variations. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None DIRECTOR'S REPORT 1. DWP Update 2. Title 11 - Zoning Code Update 3. Review of March meeting. Date to be determined: 4. Joint Planning Commission and City Council Title 11 meeting on April 12 5. Commission training sessions scheduled for April 21 st and May 5tH 6. Status of Mobil Service Station at Lampson and Basswood. Chairperson Deaton proposed that the March 17 Planning Commission meeting be rescheduled for Thursday, March 18, 2010, at 7:30 p.m. The Commission was in agreement. COMMISSION CONCERNS None. ADJOURNMENT Chairperson Deaton adjourned the meeting at 8:57 p.m. to the adjourned meeting of March 18, 2010. 9of10 City of Seal Beach Planning Commission Meeting Minutes of February 17, 2010 1 2 3 4 5 6 7 8 9 10 11 Respectfully Submitted, Carmen Alvarez, Executive Assistant Planning Department APPROVAL The Commission on March 18, 2010, approved the Minutes of the Planning Commission Meeting of Wednesday, February 17, 2010. . 10 of 10