HomeMy WebLinkAboutPC Min 2010-09-01City of Seal Beach Planning Commission
Agenda for September 1, 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 August 4, 2010.
2. Minor Plan Review 10-12
1305 Crestview Avenue
Applicant/Owner: John Zahn, Sunset Builders / Fred Batkin
Request: To construct a rock waterfall feature, in conjunction with a
new swimming pool, to be located within the required rear
yard setback area.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10-33.
3. Minor Plan Review 10-13
1101 Seal Way
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City of Seal Beach Planning Commission • Agenda of September 1, 2010
Applicant/Owner: Michael Niemeyer
Request: To allow an approximate 207-sq. ft. expansion to an existing
nonconforming residential property to provide additional
space for a caretaker’s room.
*This application has been filed with the Department of
Development Services for processing in accordance with the
Federal Fair Housing Act, Reasonable Accommodation
Provisions.
Recommendation: Approval, subject to conditions. Staff will provide final draft
of Resolution 10-40 for approval at a future meeting date.
SCHEDULED MATTERS
None.
PUBLIC HEARING
4. Conditional Use Permit 09-8 (Indefinite Extension)
136-136½ Main Street (Pho Basil Leaf Restaurant)
Applicant/Owner: Jennifer Ly & Michael Luu / Brian Kyle
Request: Indefinite Extension of an existing Conditional Use Permit
allowing a Type 41 ABC License (On-sale Beer & Wine –
Eating Place) in conjunction with an existing restaurant.
.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10-39.
5. Conditional Use Permit 09-1 (Indefinite Extension)
13956 Seal Beach Boulevard (Primrose Cafe)
Applicant/Owner: Frank Tahvildari / Burnham USA
Request: Indefinite Extension of Conditional Use Permit 09-1 allowing
a Type 47 ABC License (On-sale General) to expand into an
adjacent 975-sq. ft. lease space, and an expansion of
operating hours until 12:00 midnight daily.
.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10-36.
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City of Seal Beach Planning Commission • Agenda of September 1, 2010
6. Conditional Use Permit 05-10 (Indefinite Extension)
2950 Westminster Avenue (Chevron Station)
Applicant/Owner: Hassan & Sons, Inc.
Request: Indefinite Extension of Conditional Use Permit 05-10
allowing the 24-hour operation of an automobile service
station and convenience market and a drive-through car
wash with operating hours of 7:00 a.m. to 10:00 p.m.
.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10-34.
7. Conditional Use Permit 10-5
12241 Seal Beach Blvd. (Panera Bread)
Applicant/Owner: Christopher Wadleigh / The Shops at Rossmoor
Request: To allow an outdoor seating area in conjunction with a
proposed new restaurant within the General Commercial
(C-2) Zone.
.
Recommendation: No action necessary. Planning Commission approval of
outdoor patio not required per Section 28-1301.A.3.
DIRECTOR’S REPORT
COMMISSION CONCERNS
ADJOURNMENT
To scheduled meeting of September 15, 2010, at 7:30 P.M.
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City of Seal Beach Planning Commission • Agenda of September 1, 2010
2010 Agenda Forecast
Sep 15
CUP 10-6 – 1103 Pacific Coast Hwy. (Wells Fargo Bank)
CUP 10-7 – 12310 Seal Beach Blvd. (Wells Fargo Bank)
MND 09-2, GPA 09-1, ZC 09-1, VAR 09-2, CUP 08-9 – 1300 Pacific Coast
Highway (Chevron Station)
Oct 06
Oct 20
Nov 03
Nov 17
Dec 01
Dec 15
4
CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of September 1, 2010
4
5
6
7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:31 p.m. on Wednesday, September 1, 2010. The meeting
1
9 was held in the City Council Chambers and began with the Salute to the Flag.
10
ROLL CALL
11
12
13 Present: Chairperson Deaton, Commissioners Bello, Cummings, and Massa-Lavitt.
14
15 Also
16 Present: Department of Development Services
17 Jerry Olivera, Senior Planner
18 Steven Flower, Assistant City Attorney
19
20 Absent: Commissioner Galbreath (Excused via e-mail)
21 Mark Persico, Director of Development Services
22
ORAL COMMUNICATIONS
23
24
25 Chairperson Deaton opened oral communications.
26
27 Seth Eaker spoke in support of Conditional Use Permit Nos.09-1, 09-8, and 10-5. He
28 then introduced Esther Kenyon, a board member of the Seal Beach Chamber of
29 Commerce.
30
31 There being no one else wishing to speak, Chairperson Deaton closed oral
32 communications.
33
AGENDA APPROVAL
34
35
36 Mr. Flower requested that Item No. 3 be removed from the Consent Calendar for
37 discussion.
38
39 MOTION by Massa-Lavitt; SECOND by Bello to approve the Agenda as amended.
40
MOTION CARRIED: 4 – 0 – 1
41
AYES: Deaton, Bello, Cummings, and Massa-Lavitt
42
NOES: None
43
ABSENT: Galbreath
44
1
These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of September 1, 2010
CONSENT CALENDAR
1
2
3 1. Approve Planning Commission Meeting Minutes of August 4, 2010.
4
5 2. Minor Plan Review 10-12
6 1305 Crestview Avenue
7
8 Applicant/Owner: John Zahn, Sunset Builders / Fred Batkin
9
10 Request: To construct a rock waterfall feature, in conjunction with a
11 new swimming pool, to be located within the required rear
12 yard setback area.
13
14 Recommendation: Approval, subject to conditions, and adoption of Resolution
15 10-33.
16
17 MOTION by Cummings; SECOND by Bello to approve the Consent Calendar as
18 amended.
19
MOTION CARRIED: 4 – 0 – 1
20
AYES: Deaton, Bello, Cummings, and Massa-Lavitt
21
NOES: None
22
ABSENT: Galbreath
23
24
25 Mr. Flower advised that the adoption of Resolution No. 10-33 begins a 10-day calendar
26 appeal period to the City Council. The Commission action tonight is final and the
27 appeal period begins tomorrow morning.
28
SCHEDULED MATTERS
29
30
31 None.
32
PUBLIC HEARINGS
33
34
35 3. Minor Plan Review 10-13
36 1101 Seal Way
37
38 Applicant/Owner: Michael Niemeyer
39
40 Request: To allow an approximate 207-sq. ft. expansion to an existing
41 nonconforming residential property to provide additional
42 space for a caretaker’s room.
43
44 *This application has been filed with the Department of
45 Development Services for processing in accordance with the
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City of Seal Beach Planning Commission
Meeting Minutes of September 1, 2010
1 Federal Fair Housing Act, Reasonable Accommodation
2 Provisions.
3
4 Staff Report
5
6 Mr. Olivera delivered the staff report. He provided information on this item and noted
7 that the applicant came before the Planning Commission (PC) in October 2009 to
8 request a Variance and Minor Plan Review for 1101 Seal Way. Staff subsequently
9 determined that this request would not require a Variance, but would be a request for
10 “Reasonable Accommodation,” as the applicant proposes to use the additional square
11 footage for a caretaker’s room for assistance with his elderly mother who is to reside in
12 his home. Mr. Olivera then provided a visual presentation of 2 separate proposed floor
13 plans for consideration, noting that the applicant’s preference was for Plan A with the
14 additional square footage. Staff supports floor Plan B, which does not include additional
15 square footage while still providing reasonable accommodation.
16
17 Mr. Flower then briefly reviewed the law related to Reasonable Accommodation.
18
19 Commissioner Questions
20
21 None.
22
23 Public Hearing
24
25 Chairperson Deaton opened the public hearing.
26
27 Michael Niemeyer spoke in support of Plan A with the additional square footage.
28
29 The project designer, R.V. Gomez, also spoke in support of Plan A.
30
31 There being no one else wishing to speak, Chairperson Deaton closed the public
32 hearing.
33
34 Commissioner Comments
35
36 Commissioner Massa-Lavitt indicated that she would vote to approve Plan A, as it
37 would work better in terms of the required care giving.
38
39 Chairperson Deaton said she also supports this plan.
40
41 Mr. Flower noted that Staff would return at the next meeting with the final resolution for
42 Minor Plan Review 10-13 for adoption by the Planning Commission.
43
44 MOTION by Bello; SECOND by Massa-Lavitt to direct Staff to return with the final
45 resolution for adoption at the next scheduled meeting for approval of Minor Plan Review
46 10-13 with Plan A, which provides an additional 207 square feet of living area.
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City of Seal Beach Planning Commission
Meeting Minutes of September 1, 2010
MOTION CARRIED: 4 – 0 – 1
1
AYES: Deaton, Bello, Cummings, and Massa-Lavitt
2
NOES: None
3
ABSENT: Galbreath
4
5
6 4. Conditional Use Permit 09-8 (Indefinite Extension)
7 136-136½ Main Street (Pho Basil Leaf Restaurant)
8
9 Applicant/Owner: Jennifer Ly & Michael Luu / Brian Kyle
10
11 Request: Indefinite Extension of an existing Conditional Use Permit
12 allowing a Type 41 ABC License (On-sale Beer & Wine –
13 Eating Place) in conjunction with an existing restaurant.
14
15 Recommendation: Approval, subject to conditions, and adoption of Resolution
16 10-39.
17
18 Staff Report
19
20 Mr. Olivera delivered the staff report. He provided information on this item and stated
21 that Seal Beach Police Department (SBPD) has no objection to the granting of this
22 Indefinite Extension and reports no calls for service at this location. Staff recommends
23 approval subject to conditions.
24
25 Commissioner Questions
26
27 None.
28
29 Public Hearing
30
31 Chairperson Deaton opened the public hearing.
32
33 Jennifer Ly requested approval of the Indefinite Extension of Conditional Use Permit
34 09-8.
35
36 There being no one else wishing to speak, Chairperson Deaton closed the public
37 hearing.
38
39 Commissioner Comments
40
41 None.
42
43 MOTION by Massa-Lavitt; SECOND by Bello to approve the Indefinite Extension of
44 Conditional Use Permit 09-8, subject to conditions, and adopt Resolution 10-39 as
45 presented.
46
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City of Seal Beach Planning Commission
Meeting Minutes of September 1, 2010
MOTION CARRIED: 4 – 0 – 1
1
AYES: Deaton, Bello, Cummings, and Massa-Lavitt
2
NOES: None
3
ABSENT: Galbreath
4
5
6 Mr. Flower advised that the adoption of Resolution No. 10-39 begins a 10-day calendar
7 appeal period to the City Council. The Commission action tonight is final and the
8 appeal period begins tomorrow morning.
9
10 5. Conditional Use Permit 09-1 (Indefinite Extension)
11 13956 Seal Beach Boulevard (Primrose Cafe)
12
13 Applicant/Owner: Frank Tahvildari / Burnham USA
14
15 Request: Indefinite Extension of Conditional Use Permit 09-1 allowing
16 a Type 47 ABC License (On-sale General) to expand into an
17 adjacent 975-sq. ft. lease space, and an expansion of
18 operating hours until 12:00 midnight daily.
19
20 Recommendation: Approval, subject to conditions, and adoption of Resolution
21 10-36.
22
23 Staff Report
24
25 Mr. Olivera delivered the staff report. He noted that part of the applicant’s request was
26 to obtain an Entertainment Permit, but Staff has advised the applicant that this be
27 presented under a separate application for public hearing. Seal Beach PD reports no
28 calls for service at this location, and Staff recommends approval of the Indefinite
29 Extension and expansion of hours of operation, subject to conditions.
30
31 Commissioner Questions
32
33 Chairperson Deaton expressed concern over approving the expansion of hours along
34 with the Indefinite Extension. Mr. Olivera explained that if this business were permitted
35 by right, it would require no discretionary review in order to stay open until midnight, and
36 because there is no history of problems with the operation of this business, Staff has no
37 concerns with granting the 2-hour expansion of hours. He added that the conditions of
38 approval also provide a means to address any problem that might arise.
39
40 Public Hearing
41
42 Chairperson Deaton opened the public hearing.
43
44 Chris Krimsey, advisor to the applicant, noted that this business serves Leisure World
45 residents almost exclusively, and the owner has acquired over 100 signatures in
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City of Seal Beach Planning Commission
Meeting Minutes of September 1, 2010
1 support of the expanded hours for the Primrose Café. He added that the applicant
2 would return at a later date with the application for entertainment.
3
4 Dennis Craig spoke in support of Conditional Use Permit 09-1.
5
6 There being no one else wishing to speak, Chairperson Deaton closed the public
7 hearing.
8
9 Commissioner Comments
10
11 None.
12
13 MOTION by Cummings; SECOND by Bello to approve the Indefinite Extension of
14 Conditional Use Permit 09-1 including the expansion of hours until midnight, subject to
15 conditions, and adopt Resolution 10-36 as presented.
16
MOTION CARRIED: 4 – 0 – 1
17
AYES: Deaton, Bello, Cummings, and Massa-Lavitt
18
NOES: None
19
ABSENT: Galbreath
20
21
22 Mr. Flower advised that the adoption of Resolution No. 10-36 begins a 10-day calendar
23 appeal period to the City Council. The Commission action tonight is final and the
24 appeal period begins tomorrow morning.
25
26 6. Conditional Use Permit 05-10 (Indefinite Extension)
27 2950 Westminster Avenue (Chevron Station)
28
29 Applicant/Owner: Hassan & Sons, Inc.
30
31 Request: Indefinite Extension of Conditional Use Permit 05-10
32 allowing the 24-hour operation of an automobile service
33 station and convenience market and a drive-through car
34 wash with operating hours of 7:00 a.m. to 10:00 p.m.
35
36 Recommendation: Approval, subject to conditions, and adoption of Resolution
37 10-34.
38
39 Staff Report
40
41 Mr. Olivera delivered the staff report, noting that there have been no problems with the
42 convenience market or the car wash. Staff recommends approval subject to conditions.
43
44 Commissioner Questions
45
46 None.
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City of Seal Beach Planning Commission
Meeting Minutes of September 1, 2010
1 Public Hearing
2
3 Chairperson Deaton opened the public hearing.
4
5 Samir Hijazi, designer of the project, spoke in support of approval of the Indefinite
6 Extension of Conditional Use Permit 05-10.
7
8 There being no one else wishing to speak, Chairperson Deaton closed the public
9 hearing.
10
11 Commissioner Comments
12
13 None.
14
15 MOTION by Bello; SECOND by Massa-Lavitt to approve the Indefinite Extension of
16 Conditional Use Permit 05-10 subject to conditions, and adopt Resolution 10-34 as
17 presented.
18
MOTION CARRIED: 4 – 0 – 1
19
AYES: Deaton, Bello, Cummings, and Massa-Lavitt
20
NOES: None
21
ABSENT: Galbreath
22
23
24 Mr. Flower advised that the adoption of Resolution No. 10-34 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
28 7. Conditional Use Permit 10-5
29 12241 Seal Beach Blvd. (Panera Bread)
30
31 Applicant/Owner: Christopher Wadleigh / The Shops at Rossmoor
32
33 Request: To allow an outdoor seating area in conjunction with a
34 proposed new restaurant within the General Commercial
35 (C-2) Zone.
36
37 Recommendation: No action necessary. Planning Commission approval of
38 outdoor patio not required per Section 28-1301.A.3.
39
DIRECTOR’S REPORT
40
41
42 Mr. Olivera reported on the following items:
43
44 Planning Commission Items for September 15, 2010:
45
46 Conditional Use Permit 10-6 – 1103 Pacific Coast Hwy. (Wells Fargo Bank)
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City of Seal Beach Planning Commission
Meeting Minutes of September 1, 2010
Conditional Use Permit 10 -7 —12310 Seal Beach Blvd. (Wells Fargo Bank)
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)
Title 11 — Consideration of potential mansionization within The Cove and Hill
neighborhoods.
RBF Consultants are finalizing the proposed schedule for completion of the
Environmental Impact Report (EIR) for the DWP Specific Plan Amendment. The
advisory committee will be convened within the next few months to receive an update.
The second Neighborhood Meeting for discussion of parking issues within the eastern
portion of Old Town from 10 Street to 17 Street is scheduled for Monday, September
20, 2010, at 7:00 p.m. in City Council Chambers.
Development Services Staff will meet next week with California Coastal Commission
Staff regarding starting the process of creating a Local Coastal Plan (LCP) for the City
of Seal Beach. Following this meeting the LCP Ad Hoc Committee will convene to
review a schedule for adopting the LCP.
COMMISSION CONCERNS
Commissioner Massa - Lavitt requested an update on the Housing Element. Mr. Olivera
stated that Staff projects that they will begin work on this early next year.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 8:25 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Assist nt
Planning Department
APPROVAL
The Commission on September 15, 2010, approved the Minutes of the Planning
Commission Meeting of Wednesday, September 1, 2010..
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