HomeMy WebLinkAboutPC Min 2010-07-07City of Seal Beach Planning Commission
Agenda for July 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 June 2, 2010.
2. Minor Plan Review 10-9
12274 Bridgewater Way
Applicant/Owner: Michelle Reddy
Request: To construct a 5-ft. high artificial rock waterfall in conjunction
with a new swimming pool, a 7-ft. high pre-fabricated
fireplace, and a 3-ft. high barbecue and counter, all within
the required rear-yard and side-yard setback areas.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10-26.
SCHEDULED MATTERS
1
City of Seal Beach Planning Commission • Agenda of July 7, 2010
PUBLIC HEARING
3. Conditional Use Permit 10-3
12365 Seal Beach Blvd. (Chipotle Mexican Grill)
Applicant/Owner: Brett Gray, for Chipotle Mexican Grill/Rossmoor Shops, LLC
Request: To allow on-premise sale of alcoholic beverages (On-Sale
General – Eating Place Type 47 ABC License) and an
outdoor dining area within the General Commercial (C-2)
Zone.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10-24.
4. Conditional Use Permit 10-1
2902 Westminster Avenue
Applicant/Owner: Cheng Family, LLC
Request: To allow a reduction of up to 15% of the minimum code-
required parking for common parking facilities on a site of
five thousand (5,000) or more square feet.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10-10.
5. Conditional Use Permit 10-4
600 Marina Drive (Pacific Inn)
Applicant/Owner: Lonnie Wick for Lee & Sakahara / Saga Seal Co. Ltd.
Request: To allow the upgrade of the existing building façade, remodel
of interior spaces, and renovation/enlargement of the lobby
area of an existing hotel within the General Commercial
(C-2) Zone.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10-27.
6. Variance 10-2
A110 Surfside
Applicant/Owner: Seth & Vicki Kogan
2
City of Seal Beach Planning Commission • Agenda of July 7, 2010
Request: To allow an elevated stair and entry walkway greater than
2½ feet above grade, as well as awning projections, which
are located within the required side yard setback area; and a
basement egress well that encroaches into the Surfside
Colony leased land by approximately 5 feet.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10-28.
DIRECTOR’S REPORT
COMMISSION CONCERNS
ADJOURNMENT
To scheduled meeting of July 21, 2010, at 7:30 P.M.
3
CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of July 7, 2010
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, July 7, 2010. The meeting was held
1
9 in the City Council Chambers and began with the Salute to the Flag.
10
ROLL CALL
11
12
13 Present: Chairperson Deaton, Commissioners Bello, Galbreath, and Massa-Lavitt.
14
15 Also
16 Present: Department of Development Services
17 Mark Persico, Director of Development Services
18 Jerry Olivera, Senior Planner
19 Steven Flower, Assistant City Attorney
20
21 Absent: None
22
ORAL COMMUNICATIONS
23
24
25 Chairperson Deaton opened oral communications.
26
27 Seth Eaker spoke in support of Conditional Use Permit 10-1, Conditional Use Permit
28 10-3, and Conditional Use Permit 10-4. He also invited the community to attend the
29 Wednesday evening Summer Concert Series at Eisenhower Park.
30
31 There being no one else wishing to speak, Chairperson Deaton closed oral
32 communications.
33
AGENDA APPROVAL
34
35
36 MOTION by Massa-Lavitt; SECOND by Galbreath to approve the Agenda as presented.
37
MOTION CARRIED: 4 – 0
38
AYES: Deaton, Bello, Galbreath, and Massa-Lavitt
39
NOES: None
40
ABSENT: None
41
42
CONSENT CALENDAR
43
44
1
These Minutes were transcribed from audiotape of the meeting.
1 of 10
City of Seal Beach Planning Commission
Meeting Minutes of July 7, 2010
1 1. Approve Planning Commission Meeting Minutes of June 2, 2010.
2
3 2. Minor Plan Review 10-9
4 12274 Bridgewater Way
5
6 Applicant/Owner: Michelle Reddy
7
8 Request: To construct a 5-ft. high artificial rock waterfall in conjunction
9 with a new swimming pool, a 7-ft. high pre-fabricated
10 fireplace, and a 3-ft. high barbecue and counter, all within
11 the required rear-yard and side-yard setback areas.
12
13 Recommendation: Approval, subject to conditions, and adoption of Resolution
14 10-26.
15
16 MOTION by Bello; SECOND by Galbreath to approve the Consent Calendar as
17 presented.
18
MOTION CARRIED: 4 – 0
19
AYES: Deaton, Bello, Galbreath, and Massa-Lavitt
20
NOES: None
21
ABSENT: None
22
23
24 Mr. Flower advised that the adoption of Resolution No. 10-26 begins a 10-day calendar
25 appeal period to the City Council. The Commission action tonight is final and the
26 appeal period begins tomorrow morning.
27
SCHEDULED MATTERS
28
29
30 None.
31
PUBLIC HEARINGS
32
33
34 3. Conditional Use Permit 10-3
35 12365 Seal Beach Blvd. (Chipotle Mexican Grill)
36
37 Applicant/Owner: Brett Gray, for Chipotle Mexican Grill/Rossmoor Shops, LLC
38
39 Request: To allow on-premise sale of alcoholic beverages (On-Sale
40 General – Eating Place Type 47 ABC License) and an
41 outdoor dining area within the General Commercial (C-2)
42 Zone.
43
44 Recommendation: Approval, subject to conditions, and adoption of Resolution
45 10-24.
46
2 of 10
City of Seal Beach Planning Commission
Meeting Minutes of July 7, 2010
1 Staff Report
2
3 Mr. Olivera delivered the staff report. He provided information on this item and noted
4 that this particular census tract is currently over concentrated by one alcohol license.
5 He stated that Staff conferred with Seal Beach Police Department (SBPD) and they
6 expressed no concerns with approval of an alcohol license at this location. Staff also
7 recommends approval, with the condition that alcohol service be prohibited within the
8 outdoor dining area, as the applicant is not proposing a physical barrier between the
9 outdoor patio and the rest of the shopping center.
10
11 Commissioner Questions
12
13 Commissioner Massa-Lavitt asked if Pei –Wei Asian Diner serves alcohol in the outdoor
14 area. Mr. Olivera stated that this is not permitted since Pei-Wei does not have an
15 enclosed patio area.
16
17 Commissioner Galbreath noted that WineStyles is no longer in business. Mr. Olivera
18 noted that they still possess an active alcohol license.
19
20 Public Hearing
21
22 Chairperson Deaton opened the public hearing.
23
24 Lorenzo Reyes spoke on behalf of Chipotle Mexican Grill and stated that they are in
25 agreement with the Conditions of Approval and encouraged approval of Conditional Use
26 Permit 10-3. He asked what would be required should Chipotle decide to construct an
27 ABC-required barrier around the outdoor patio. Mr. Flower stated that this would
28 require an amendment to the Conditions of Approval for CUP 10-3.
29
30 There being no one else wishing to speak, Chairperson Deaton closed the public
31 hearing.
32
33 Commissioner Comments
34
35 None.
36
37 MOTION by Massa-Lavitt; SECOND by Bello to approve Conditional Use Permit 10-3,
38 subject to conditions, and adopt Resolution 10-24 as presented.
39
MOTION CARRIED: 4 – 0
40
AYES: Deaton, Bello, Galbreath, and Massa-Lavitt
41
NOES: None
42
ABSENT: None
43
44
3 of 10
City of Seal Beach Planning Commission
Meeting Minutes of July 7, 2010
1 Mr. Flower advised that the adoption of Resolution No. 10-24 begins a 10-day calendar
2 appeal period to the City Council. The Commission action tonight is final and the
3 appeal period begins tomorrow morning.
4
5 4. Conditional Use Permit 10-1
6 2900-2940 Westminster Avenue
7
8 Applicant/Owner: Cheng Family, LLC
9
10 Request: To allow a reduction of up to 15% of the minimum code-
11 required parking for common parking facilities on a site of
12 five thousand (5,000) or more square feet.
13
14 Recommendation: Approval, subject to conditions, and adoption of Resolution
15 10-10.
16
17 Staff Report
18
19 Mr. Olivera delivered the staff report. He indicated that the Zoning Code (ZC) does
20 allow for up to a 15% reduction for shared parking, provided specific conditions are met,
21 and this center meets the minimum site size of 5,000 sq. ft. He explained that parking
22 requirements were different when this center was originally built in 1974, and after
23 reviewing historical records and plans, Staff found that the original parking provided has
24 not changed. He noted that the current ZC bases parking upon the types of uses within
25 a shopping center, and now the property owner wishes to reactivate the vacant
26 restaurant use and this has revealed that a parking deficiency exists. He said after
27 speaking with several business owners within the center regarding any parking issues
28 he was told that they have never experienced problems with parking. The applicant
29 was also asked to have a parking demand study prepared to show that although there is
30 a code deficiency there is not a functional deficiency with the mix of uses within the
31 center. Mr. Olivera indicated that the applicant proposes to re-stripe the existing
32 parking lot to add a few more parking stalls.
33
34 Commissioner Questions
35
36 Chairperson Deaton asked how many vacancies there are in the center. Mr. Olivera
37 noted that currently there are 3 vacancies, and the center could accommodate a retail
38 or office use, but parking requirements would prohibit additional restaurant or salon/spa
39 uses.
40
41 Commissioner Bello asked if the CUP could be modified should a parking problem
42 arise. Mr. Olivera stated that could be done.
43
44 Commissioner Massa-Lavitt asked about a percentage requirement for compact parking
45 spaces. Mr. Olivera indicated that a maximum of 25% compact spaces can be
46 provided.
4 of 10
City of Seal Beach Planning Commission
Meeting Minutes of July 7, 2010
1
2 Commissioner Galbreath asked how reactivation of the restaurant use would impact
3 parking. Mr. Olivera stated that this was included as part of the parking demand study,
4 which found that the restaurant would require approximately 44 spaces.
5
6 Public Hearing
7
8 Chairperson Deaton opened the public hearing.
9
10 John Rix, the project architect, stated that the total retail space is actually 20,005 sq. ft.
11 and includes the 4,100 sq. ft. for the restaurant. He indicated that currently there are
12 121 parking stalls within the center, and the parking requirement ratio of 1:300 used by
13 Staff calculates 134 required stalls, but it is actually lower. He noted that the parking
14 demand study by Linscott, Law & Greenspan reflected a requirement of 107 stalls, so it
15 appears the center can have some flexibility with allowing diverse uses. Rich Baretto of
16 Linscott, Law & Greenspan explained that when completing the calculations for square
17 footage, the restaurant space was computed twice, so the actual total floor area for the
18 center would be 20,000.
19
20 There being no one else wishing to speak, Chairperson Deaton closed the public
21 hearing.
22
23 Commissioner Comments
24
25 Commissioner Massa-Lavitt suggested that because compact spaces can be
26 problematic, perhaps a few compact spaces could be eliminated to create standard
27 stalls. She also recommended adding more tree wells to this parking lot, particularly
28 near the west end. She asked if a “Substantial Compliance Condition” could be
29 included in Resolution 10-10 to ensure that the final outcome conforms to these
30 recommendations. Staff noted that Condition No. 1 already addresses the 15% parking
31 reduction, and Condition 10 could be added for the installation of two additional tree
32 wells and making them more evenly spaced along the parking aisle.
33
34 Mr. Persico suggested the following text for Condition 10:
35
36 “The applicant shall place two additional trees and tree wells within the
37 parking area such that all 5 trees are evenly spaced across the parking
38 row.”
39
40 MOTION by Massa-Lavitt; SECOND by Bello to approve Conditional Use Permit 10-1,
41 subject to conditions, and adopt Resolution 10-10 as amended.
42
MOTION CARRIED: 4 – 0
43
AYES: Deaton, Bello, Galbreath, and Massa-Lavitt
44
NOES: None
45
ABSENT: None
46
5 of 10
City of Seal Beach Planning Commission
Meeting Minutes of July 7, 2010
1 Mr. Flower advised that the adoption of Resolution No. 10-10 as amended begins a
2 10-day calendar appeal period to the City Council. The Commission action tonight is
3 final and the appeal period begins tomorrow morning.
4
5 5. Conditional Use Permit 10-4
6 600 Marina Drive (Pacific Inn)
7
8 Applicant/Owner: Lonnie Wick for Lee & Sakahara / Saga Seal Co. Ltd.
9
10 Request: To allow the upgrade of the existing building façade, remodel
11 of interior spaces, and renovation/enlargement of the lobby
12 area of an existing hotel within the General Commercial
13 (C-2) Zone.
14
15 Recommendation: Approval, subject to conditions, and adoption of Resolution
16 10-27.
17
18 Staff Report
19
20 Mr. Olivera delivered the staff report. He provided information on this item and noted
21 that the applicant proposes to add approximately 1,900 sq. ft. to the entire hotel space,
nd
22 which will include enlarging the lobby area, adding a 2 floor laundry facility, and
rd
23 addition of a multi-purpose room on the 3 floor. He noted that these additions would
24 not impact existing parking requirements. He added that after experiencing flooding in
25 the Pacific Inn parking lot last year during a rainstorm, Staff has conditioned this
26 application to require that representatives of the hotel meet with City Engineering and
27 Planning Staff to create a cost effective plan to help address this problem.
28
29 Commissioner Questions
30
31 None.
32
33 Public Hearing
34
35 Chairperson Deaton opened the public hearing.
36
37 Gene Segeta, Manager of the Pacific Inn, stated that they wish to move the morning
rdst
38 continental breakfast area from the 3 floor to the 1 floor.
39
40 Seth Eaker spoke in support of Conditional Use Permit 10-4.
41
42 Chairperson Deaton asked if the multi-purpose room is to be solely for the use of
43 guests. Mr. Segeta stated that this is the general intent, but the Pacific Inn would also
44 be open to community members reserving the room for meetings.
45 There being no one else wishing to speak, Chairperson Deaton closed the public
46 hearing.
6 of 10
City of Seal Beach Planning Commission
Meeting Minutes of July 7, 2010
1 Mr. Olivera noted for the record that Staff had received a letter from the Seal Beach
2 Chamber in support of CUP 10-4. He then indicated that Staff has provided a revised
3 resolution that further clarifies the conditions for this application. He read into the record
4 the following conditions of approval:
5
6 Condition 1 “Conditional Use Permit 10-4 is approved to add approximately 1,905
7 square feet of floor area distributed between three floors, in conjunction
8 with the renovation and enlargement of the lobby area and other public
9 areas of an existing hotel within the General Commercial (C-2) Zone at
10 600 Marina Avenue (Pacific Inn).”
11
12 Condition 2 “All enlargements and modifications shall be in compliance with the plans
13 submitted as part of the application for Conditional Use Permit 10-4.”
14
15 Commissioner Comments
16
17 None.
18
19 MOTION by Bello; SECOND by Galbreath to approve Conditional Use Permit 10-4,
20 subject to conditions, and adopt Resolution 10-27 as amended.
21
MOTION CARRIED: 4 – 0
22
AYES: Deaton, Bello, Galbreath, and Massa-Lavitt
23
NOES: None
24
ABSENT: None
25
26
27 Mr. Flower advised that the adoption of Resolution No. 10-27 as amended begins a 10-
28 day calendar appeal period to the City Council. The Commission action tonight is final
29 and the appeal period begins tomorrow morning.
30
31 6. Variance 10-2
32 A110 Surfside
33
34 Applicant/Owner: Seth & Vicki Kogan
35
36 Request: To allow an elevated stair and entry walkway greater than
37 2½ feet above grade, as well as awning projections, which
38 are located within the required side yard setback area; and a
39 basement egress well that encroaches into the Surfside
40 Colony leased land by approximately 5 feet.
41
42 Recommendation: Approval, subject to conditions, and adoption of Resolution
43 10-28.
44
45
46
7 of 10
City of Seal Beach Planning Commission
Meeting Minutes of July 7, 2010
1 Staff Report
2
3 Mr. Olivera delivered the staff report. He provided information on this item and
4 indicated that after discussion today, Staff determined that the original basement egress
5 well requested is not a variance request, but is a Building Code issue, and Staff
6 recommends that this be removed from the Variance. He continued by noting that
7 many A-Row properties in Surfside have this type of configuration and the Zoning Code
8 (ZC) does allow for up to a 2½-foot elevated walkway.
9
10 Commissioner Questions
11
12 None.
13
14 Public Hearing
15
16 Chairperson Deaton opened the public hearing.
17
18 Chairperson Deaton noted for the record that she and Mr. Persico had visited the
19 property in question today and spoke with the architect.
20
21 James Meyer, architect for this project, stated that he has reviewed the conditions of
22 approval and supports them. Chairperson Deaton expressed her concern with the
23 effect the awning would have on the neighbors to the rear of A110. She recommended
24 moving the door inward, and decreasing the width of the awning to prevent obstruction
25 of the neighbors view. Mr. Meyer stated that the awning could be 18 inches wide, and if
26 this was not sufficient, the door could be moved inward.
27
28 There being no one else wishing to speak, Chairperson Deaton closed the public
29 hearing.
30
31 Commissioner Comments
32
33 None.
34
35 Mr. Persico recommended that Condition No. 1 be modified to include the following text:
36
37 . . . an awning overhang along the northwest side of the proposed
38 structure that encroaches not more than 18” into the required side yard
39 setback area. . .”
40
41 Mr. Flower recommended that Condition 2 read as follows:
42 “All construction shall be in substantial compliance with the plans
43 approved through Variance 10-2, as revised to eliminate the awning
44 overhang on the southeast side of the first floor; and reduce the awning
45 overhang on the northwest side of the first floor to a maximum of 18”.”
46
8 of 10
City of Seal Beach Planning Commission
Meeting Minutes of July 7, 2010
1 MOTION by Deaton; SECOND by Galbreath to approve Variance 10-2, subject to
2 conditions, and adopt Resolution 10-24 as amended.
3
MOTION CARRIED: 4 – 0
4
AYES: Deaton, Bello, Galbreath, and Massa-Lavitt
5
NOES: None
6
ABSENT: None
7
8
9 Mr. Flower advised that the adoption of Resolution No. 10-28 as amended begins a 10-
10 day calendar appeal period to the City Council. The Commission action tonight is final
11 and the appeal period begins tomorrow morning.
12
DIRECTOR’S REPORT
13
14
15 Mr. Persico reported on the following items.
16
17 1. Items for July 21, 2010, Planning Commission Meeting
18
19 a. Title 11 – Zoning Code
20 i. Interim Guidelines
21 ii. Administrative Use Permits
22 iii. Home Occupancy
23 iv. Main Street Portable Signs
24
25 b. Minor Plan Review on Dogwood Ave
26 c. Minor Plan Review 1101 Seal Way
27 d. Indefinite extension of Conditional Use Permit for Kobe Steakhouse
28 e. Indefinite extension of Conditional Use Permit for Target Store
29
30 2. Zoning Ordinance will be heard again by the City Council on August 9, 2010.
31
32 3. Street striping along Pansy Circle and Guava Avenue will be completed by next
33 month.
34
35 4. Reminded Commissioners to advise Staff of upcoming vacations to assist with
36 scheduling of Planning Commission agenda items.
37
COMMISSION CONCERNS
38
39
40 Commissioner Galbreath asked if Staff could have applicants submit a PowerPoint
41 presentation of photographs of their project sites and the proposed plans. Mr. Persico
42 stated that Staff has discussed including visual presentations with their Staff Reports
43 and should be able to do so in the near future. Chairperson Deaton noted that it is very
44 helpful to visit the project sites, and she encouraged the Commissioners to do so
45 whenever possible.
46
9 of 10
City of Seal Beach Planning Commission
Meeting Minutes of July 7, 2010
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 8:45 p.m.
Respectfully Submitted,
C �� Ivy-.Z
Carmen Alvarez, Executive Assis ant
Planning Department
APPROVAL
The Commission on July 21, 2010, ap roved the Minutes of the Planning Commission
Meeting of Wednesday, July 7, 2010. Q4, .
10 of 10