HomeMy WebLinkAboutPC Min 2010-04-07City of Seal Beach Planning Commission
Agenda for April 7, 2010
City Council Chambers - 7:30 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
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.
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 or staff to request an item be removed
from the Consent Calendar for separate action.
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 or staff
requests a specific item be removed from the Consent Calendar for separate action.
1. Approve Planning Commission Meeting Minutes of March 18, 2010.
2. Minor Plan Review 10 -6
238-5 th Street
Applicant /Owner: Pat Sullivan / Chris & Diana Wade
Request: To remodel an existing bathroom and kitchen, add an
additional bathroom, balcony, and trellis to the existing
two -story rear duplex unit; and add a trellis structure to the
front, single -story unit of an existing, nonconforming
property. The property is nonconforming since it exceeds
density requirements; does not provide minimum required
off - street parking, and does not meet the minimum rear yard
setback requirements.
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City of Seal Beach Planning Commission • Agenda of April 7, 2010
Recommendation: Approval, subject to conditions, through adoption of
Resolution 10 -17.
SCHEDULED MATTERS
3. Adoption of Planning Commission Resolution 10 -15 for Zone Text Amendment
10 -2 for Repeal of Section 28-2317.D, Height Variation for Non - habitable
Architectural Features and adding Section 28 -508, Height Variations for Non -
habitable Architectural Features (Zoning District III, Surfside Colony)
PUBLIC HEARING
4. Conditional Use Permit 08 -7 (Indefinite Extension)
13956 Seal Beach Blvd. (Primrose Cafe)
Applicant /Owner: Frank Tahvildari / Burnham U.S.A.
Request: Indefinite extension of existing Conditional Use Permit
allowing the upgrade of the existing Type 41 ABC license
(On -sale Beer and Wine) to a Type 47 ABC license (On -sale
General) within the Service Commercial (C -1) Zone.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10 -16.
DIRECTOR'S REPORT
COMMISSION CONCERNS
ADJOURNMENT
To scheduled meeting of April 21, 2010, at 7:30 P.M.
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City of Seal Beach Planning Commission • Agenda of April 7, 2010
2010 Agenda Forecast
Apr 12 Joint City Council /Planning Commission Title 11 Meeting
Apr 21 Planning Commission Training Session — Part I
May 05 Conditional Use Permit 09 -4 (Indef. Ext) 148 -E Main St (Beach Fitness)
Minor Plan Review 10 -7 — 139 7 Street
Planning Commission Training Session — Part II
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
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of April 7, 2010
Vice - Chairperson Massa - Lavitt called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, April 7, 2010. The meeting was held
in the City Council Chambers and began with the Salute to the Flag.'
ROLL CALL
Present: Vice - Chairperson Massa - Lavitt, Commissioners Bello, Galbreath, and
Larson.
Also
Present: Department of Development Services
Mark Persico, Director of Development Services
Jerry Olivera, Senior Planner
Steven Flower, Assistant City Attorney
Absent: Chairperson Deaton
Mr. Persico noted that Chairperson Deaton is not present tonight and requested a
motion to excuse her absence.
MOTION by Larson; SECOND by Bello to excuse Chairperson Deaton from the
Planning Commission meeting on April 7, 2010.
MOTION CARRIED: 4-0-1
AYES: Massa - Lavitt, Bello, Galbreath, and Larson
NOES: None
ABSENT: Deaton
ORAL COMMUNICATIONS
Vice - Chairperson Massa - Lavitt opened oral communications.
Seth Eaker of the Seal Beach Chamber of Commerce reminded the community of the
5/1 OK on April 10 and the Annual Classic Car Show on April 24
Mike Buhbe spoke in support of maintaining the McGaugh School swimming pool.
These Minutes were transcribed from audiotape of the meeting.
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Meeting Minutes of April 7, 2010
There being no one else wishing to speak, Vice - Chairperson Massa - Lavitt closed oral
communications.
AGENDA APPROVAL
MOTION by Bello; SECOND by Galbreath to approve the Agenda as presented.
MOTION CARRIED: 4-0-1
AYES: Massa - Lavitt, Bello, Galbreath, and Larson
NOES: None
ABSENT: Deaton
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of March 18, 2010.
2. Minor Plan Review 10 -6
238-5 th Street
Applicant /Owner: Pat Sullivan / Chris & Diana Wade
Request: To remodel an existing bathroom and kitchen, add an
additional bathroom, balcony, and trellis to the existing
two -story rear duplex unit; and add a trellis structure to the
front, single -story unit of an existing, nonconforming
property. The property is nonconforming since it exceeds
density requirements; does not provide minimum required
off - street parking, and does not meet the minimum rear yard
setback requirements.
Recommendation: Approval, subject to conditions, through adoption of
Resolution 10 -17.
MOTION by Larson; SECOND by Galbreath to approve the Consent Calendar as
presented.
MOTION CARRIED: 4-0-1
AYES: Massa - Lavitt, Bello, Galbreath, and Larson
NOES: None
ABSENT: Deaton
Mr. Flower advised that the adoption of Resolution No. 10 -17 begins a 10 -day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
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Meeting Minutes of April 7, 2010
SCHEDULED MATTERS
3. Adoption of Planning Commission Resolution 10 -15 for Zone Text Amendment
10 -2 for Repeal of Section 28-2317.D, Height Variation for Non - habitable
Architectural Features and Adding Section 28 -508, Height Variations for Non -
habitable Architectural Features (Zoning District III, Surfside Colony)
Staff Report
Mr. Persico indicated that Resolution 10 -15 has been revised as directed by the
Planning Commission at its meeting of March 18, 2010, and is presented tonight for
approval.
MOTION by Galbreath; SECOND by Bello to approve Resolution 10 -15 for Zone Text
Amendment 10 -2 for Repeal of Section 28- 2317.D, Height Variation for Non - habitable
Architectural Features and Adding Section 28 -508, Height Variations for Non - habitable
Architectural Features (Zoning District III, Surfside Colony) as presented and forward to
City Council for final action.
MOTION CARRIED: 4-0-1
AYES: Massa - Lavitt, Bello, Galbreath, and Larson
NOES: None
ABSENT: Deaton
Mr. Flower advised that the adoption of Resolution No. 10 -15 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
4. Conditional Use Permit 08 -7 (Indefinite Extension)
13956 Seal Beach Blvd. (Primrose Cafe)
Applicant /Owner: Frank Tahvildari / Burnham U.S.A.
Request: Indefinite extension of existing Conditional Use Permit
allowing the upgrade of the existing Type 41 ABC license
(On -sale Beer and Wine) to a Type 47 ABC license (On -sale
General) within the Service Commercial (C -1) Zone.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10 -16.
Staff Report
Mr. Olivera delivered the staff report. He provided information on this item and noted
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City of Seal Beach Planning Commission
Meeting Minutes of April 7, 2010
that the applicant has expanded his restaurant into an adjacent lease space under
Conditional Use Permit (CUP) 09 -1, which is separate from CUP 08 -7. He indicated
that Staff has received no complaints related to the Primrose Cafe and recommends
approval of the Indefinite Extension of CUP 08 -7.
Commissioner Questions
•[Tim
Public Hearin
Vice - Chairperson Massa - Lavitt opened the public hearing.
Frank Tahvildari, owner of the Primrose Cafe, stated that he had requested an
extension of the closing time from 10:00 p.m. to 11:00 p.m. when this application was
presented, and the Commission had stated that if no issues arose after 30 days of
operation with the expanded area, the Primrose Cafe could be permitted to close at
11:00 p.m. Mr. Olivera stated that the meeting minutes of February 18, 2009, reflect
that the applicant did request to extend the hours from 10:00 p.m. to midnight; however,
this was not included in the notice for tonight's public hearing and would have to be
properly noticed for another hearing. Mr. Flower noted that the applicant is due to apply
for an Indefinite Extension of CUP 09 -1, which approved the expansion, and the
applicant could then include the request to extend the closing time.
Commissioner Larson noted that he would recuse himself from voting on this item, as
he resides very close to the edge of the 500 -foot radius of the property in question. Mr.
Flower indicated that it would be appropriate for Commissioner Larson to leave Council
Chamber while the vote is taken. Commissioner Larson then left Council Chambers.
There being no one else wishing to speak, Vice - Chairperson Massa - Lavitt closed the
public hearing.
MOTION by Bello; SECOND by Galbreath to approve the Indefinite Extension of
Conditional Use Permit 08 -7, subject to conditions, and adopt Resolution 10 -16 as
presented.
MOTION CARRIED: 3-0-1-1
AYES:
Massa - Lavitt, Bello, and Galbreath
NOES:
None
ABSENT:
Deaton
ABSTAIN:
Larson
Mr. Flower advised that the adoption of Resolution No. 10 -16 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 returned to Council Chambers.
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Meeting Minutes of April 7, 2010
DIRECTOR'S REPORT
1. Provision of Staff Report for Joint City Council /Planning Commission meeting on
Title 11 to be held on Monday, April 12, 2010, at the end of the agenda.
2. Ethics training session for City Council and Planning Commission members to be
held on Monday, May 10, 2010.
3. Update on DWP Specific Plan application.
4. Update on next public hearing on large family day care, 4657 Guava Avenue.
5. Planning Commission Training Session on April 21, 2010.
COMMISSION CONCERNS
Commissioner Galbreath noted that he had not been informed of the community
meeting for the large family day care. Mr. Persico apologized and indicated that he
would provide an update on the discussion that took place.
Commissioner Larson requested that Staff should provide clarification on how involved
the Planning Commission should be in zoning matters. Mr. Flower noted that this would
be included in the training session.
Commissioner Galbreath asked if Commissioners are permitted to attend the Title 11
community meetings. Mr. Flower stated that there is no problem with attending, as long
as Commission business is not discussed at community meetings. Mr. Galbreath then
indicated that he would be out of the country and not able to attend the joint session on
April 12
ADJOURNMENT
Vice - Chairperson Massa - Lavitt adjourned the meeting at 8:05 p.m.
Respectfully Submitted,
.� 10111xrl�� -
Carmen Alvarez, Executive Assi ant
Planning Department
APPRnVOI
The Commission on April 21, 2010, a d the Minutes of the Planning Commission
rove
Meeting of Wednesday, April 7, 2010. � .
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