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HomeMy WebLinkAboutPC Min 2010-09-15City of Seal Beach Planning Commission Agenda for September 15, 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 September 1, 2010. SCHEDULED MATTERS 2. Adoption of Resolution 10 -40 approving Minor Plan Review 10 -13 to allow an approximate 207 -sq. ft. expansion to an existing nonconforming residential property at 1101 Seal Way. 3. Consideration of Anti -Mansion ization Issues in Council District 3 - Title 11: Zoning — Seal Beach Municipal Code. PUBLIC HEARING 4. Conditional Use Permit 10 -6 1103 Pacific Coast Highway (Wells Fargo Bank) 1 City of Seal Beach Planning Commission • Agenda of September 15, 2010 Applicant /Owner: C.E. Fry Construction, Inc. / Columbia Regency Retail Partners, LLC Request: Approval of a second 24 -hour Automated Teller Machine (ATM) in conjunction with a full service bank. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -37. 5. Conditional Use Permit 10 -7 12310 Seal Beach Boulevard (Wells Fargo Bank) Applicant /Owner: C.E. Fry Construction, Inc. / Columbia Regency Retail Partners, LLC Request: Approval of a second 24 -hour Automated Teller Machine (ATM) in conjunction with a full service bank. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -38. 6. Mitigated Negative Declaration 09 -2 Conditional Use Permit 08 -9 General Plan Amendment 09 -1 Variance 09 -2 Zone Change 09 -1 1300 Pacific Coast Highway (Chevron Station) Applicant /Owner: Travis Companies, Inc. / George A. Pearson (c /o G &M Oil Company) Request: For certification of a Mitigated Negative Declaration; a Conditional Use Permit for parking lot improvements to merge an adjacent parking lot area into the subject property, a renovation of the existing gas station, and the establishment of a 24 -hour convenience store; a Variance from development standards for substandard lot size; A General Plan Amendment to change the General Plan designation from "Residential High Density" to "Commercial — General "; and a Zone Change from Residential High Density (RHD) to General Commercial (C -2) at 1300 Pacific Coast Highway.. Recommendation: Continue to a future date. See attached request from applicant. FA City of Seal Beach Planning Commission • Agenda of September 15, 2010 DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT To scheduled meeting of October 6, 2010, at 7 :30 P.M. City of Seal Beach Planning Commission • Agenda of September 15, 2010 2010 Agenda Forecast Oct 06 Conditional Use Permit 09 -3 (Indefinite Extension) - 210 Main St (Waki Sushi) Oct 20 Nov 03 Nov 17 Dec 01 Dec 15 1 2 3 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of September 15, 2010 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, September 15, 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, Cummings, Galbreath, and Massa - Lavitt. Also Present: Department of Development Services Mark Persico, Director of Development Services Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. Seth Eaker noted a correction to the meeting minutes of September 1, 2010, reflecting that Esther Kenyon is a director of the Chamber. He then spoke in support of the applications for Conditional Use Permit 10 -6 and 10 -7. He ended by noting that Erik Dryer - Goldman is the new president of the Seal Beach Chamber. There being no one else wishing to speak, Chairperson Deaton closed oral communications. AGENDA APPROVAL Chairperson Deaton requested that Item 1 be removed from the Consent Calendar for separate action. MOTION by Massa - Lavitt; SECOND by Cummings to approve the Agenda as amended. MOTION CARRIED: 5 — 0 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt These Minutes were transcribed from audiotape of the meeting. 1 of 8 City of Seal Beach Planning Commission Meeting Minutes of September 15, 2010 NOES: None ABSENT: None CONSENT CALENDAR No items. 1. Approve Planning Commission Meeting Minutes of September 1, 2010. Mr. Persico noted the correction to the minutes as requested by Mr. Eaker. Member Galbreath indicated that he would abstain from voting on this item, as he was not present at the meeting of September 1, 2010. MOTION by Massa - Lavitt; SECOND by Bello to approve the Meeting Minutes of September 1, 2010, as amended. MOTION CARRIED: 4-0-0-1 AYES: Deaton, Bello, Cummings, and Massa - Lavitt NOES: None ABSENT: None ABSTAIN: Galbreath SCHEDULED MATTERS 2. Adoption of Resolution 10 -40 approving Minor Plan Review 10 -13 to allow an approximate 207 -sq. ft. expansion to an existing nonconforming residential property at 1101 Seal Way. Staff Report Mr. Olivera stated that as directed by the Planning Commission at its previous meeting, Staff has returned with the final copy of Resolution 10 -40 for approval of Minor Plan Review 10 -13. Mr. Flower noted that because Commissioner Galbreath was not present at the meeting of September 1, 2010, it would be appropriate that he abstain from voting on this item. MOTION by Bello; SECOND by Massa - Lavitt to approve Minor Plan Review10 -13, subject to conditions, and adopt Resolution 10 -40 as presented. MOTION CARRIED: 4-0-0-1 AYES: Deaton, Bello, Cummings, and Massa - Lavitt NOES: None ABSENT: None ABSTAIN: Galbreath 2 of 8 City of Seal Beach Planning Commission Meeting Minutes of September 15, 2010 Mr. Flower advised that the adoption of Resolution No. 10 -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. 3. Consideration of Anti -Mansion ization Issues in Council District 3 - Title 11: Zoning — Seal Beach Municipal Code. Staff Report Mr. Persico indicated that City Council has referred this issue back to the Planning Commission for consideration. Staff is recommending that a second floor limitation provision be added to the RLD -9 Zone (south of Westminster Avenue) development standards as presented under item D3 on Page 2 of the Staff Report. He then noted that he had received two e-mail messages from homeowners within Council District 3 requesting that this item be delayed for further discussion. Commissioner Bello stated that she agrees that more time must be allotted for discussion on this issue. Public Comments Robert Goldberg noted that in the Community Guidelines Ocean Avenue is excluded from this provision. He asked if the second floor provision would comprise 75% of the existing first floor or of the maximum permitted ground level build out area. He then requested clarification on each of the Community Guidelines and which ones would apply to The Hill area. He also stated that more time must be allocated for this discussion. Commissioner Comments Commissioner Bello recommended that this item be returned to City Council for proper public hearings. Commissioner Cummings noted that discussion at the City Council meeting had questioned the need for separate Community Guidelines, and comments were made regarding making them a part of the Zoning Code. Chairperson Deaton agreed with Commissioner Bello and noted that the community to be affected by these changes must be allowed to participate and be made a part of the process. MOTION by Bello; SECOND by Galbreath that Consideration of Anti - Mansionization Issues in Council District 3 be returned to City Council with a recommendation that public workshops be held prior to conducting public hearings. MOTION CARRIED: 5 — 0 — 0 3 of 8 City of Seal Beach Planning Commission Meeting Minutes of September 15, 2010 AYES: NOES: ABSENT: PUBLIC HEARINGS Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt None None 4. Conditional Use Permit 10 -6 1103 Pacific Coast Highway (Wells Fargo Bank) Applicant /Owner: C.E. Fry Construction, Inc. / Columbia Regency Retail Partners, LLC Request: Approval of a second 24 -hour Automated Teller Machine (ATM) in conjunction with a full service bank. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -37. Staff Report Mr. Olivera delivered the staff report. He provided information on this item and noted that Wells Fargo Bank has acquired Wachovia Bank and it is their policy to provide at least two ATMs at all of their banking locations. Seal Beach P.D. has no concerns with this request and Staff recommends approval. Commissioner Questions None. Public Hearing Chairperson Deaton opened the public hearing. There being no one wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments None. MOTION by Massa - Lavitt; SECOND by Galbreath to approve Conditional Use Permit 10 -6, subject to conditions, and adopt Resolution 10 -37 as presented. MOTION CARRIED: 5 — 0 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: None ABSENT: None 4 of 8 City of Seal Beach Planning Commission Meeting Minutes of September 15, 2010 Mr. Flower advised that the adoption of Resolution No. 10 -37 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 5. Conditional Use Permit 10 -7 12310 Seal Beach Boulevard (Wells Fargo Bank) Applicant /Owner: C.E. Fry Construction, Inc. / Columbia Regency Retail Partners, LLC Request: Approval of a second 24 -hour Automated Teller Machine (ATM) in conjunction with a full service bank. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -38. Staff Report Mr. Olivera delivered the staff report. He provided information on this item and noted that Wells Fargo Bank has also acquired this Wachovia Bank branch and wishes to provide a second ATM at this location. Staff recommends approval of this request. Commissioner Questions None. Public Hearing Chairperson Deaton opened the public hearing. There being no one wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments •CTiL� MOTION by Cummings, SECOND by Bello to approve Conditional Use Permit 10 -7, subject to conditions, and adopt Resolution 10 -38 as presented. MOTION CARRIED: 5 — 0 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: None ABSENT: None 5 of 8 City of Seal Beach Planning Commission Meeting Minutes of September 15, 2010 Mr. Flower advised that the adoption of Resolution No. 10 -38 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 6. Mitigated Negative Declaration 09 -2 Conditional Use Permit 08 -9 General Plan Amendment 09 -1 Variance 09 -2 Zone Change 09 -1 1300 Pacific Coast Highway (Chevron Station) Applicant /Owner: Travis Companies, Inc. / George A. Pearson (c /o G &M Oil Company) Request: For certification of a Mitigated Negative Declaration; a Conditional Use Permit for parking lot improvements to merge an adjacent parking lot area into the subject property, a renovation of the existing gas station, and the establishment of a 24 -hour convenience store; a Variance from development standards for substandard lot size; A General Plan Amendment to change the General Plan designation from "Residential High Density" to "Commercial — General "; and a Zone Change from Residential High Density (RHD) to General Commercial (C -2) at 1300 Pacific Coast Highway.. Recommendation: Continue to a future date. See attached request from applicant. Staff Report Mr. Olivera stated that Staff had received a letter from the applicant representative requesting that this item be continued to a future date pending scheduling of an additional community meeting to receive input from surrounding residents. Public Hearing Chairperson Deaton opened the public hearing. There being no one wishing to speak, Chairperson Deaton closed the public hearing. Mr. Olivera stated that for the community meeting Staff will request that the applicant expand the notice radius form 300 feet to 500 feet of the subject property. He noted that when this application returns to the Planning Commission for review, public notice will be provided to surrounding residents within the required 300 foot radius. 6 of 8 City of Seal Beach Planning Commission Meeting Minutes of September 15, 2010 MOTION by Cummings; SECOND by Massa - Lavitt to request that the applicant expand the public notice radius from 300 feet to 500 feet and that the applicant bear the additional cost for mailing. MOTION CARRIED: 5 — 0 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: None ABSENT: None DIRECTOR'S REPORT Mr. Persico reported on the following items: 1. Planning Commission Items for October 6, 2010: a. Minor Plan Review - 401 Marble Cove Way b. CUP Indefinite Extension - Waki Sushi 210 Main Street 2. Environmental Impact Report for the DWP Specific Plan Amendment - Staff is working with the applicant to develop the project description. 3. Second Old Town neighborhood meeting is scheduled for September 20 at 7:00 p.m. in City Council Chambers 4. Old Ranch Country Club — Staff is still working with them on filing of eucalyptus tree permit application. 5. Development Services Staff is meeting next week with Coastal Commission Staff to discuss re- starting the LCP process. Following the meeting, the LCP Ad Hoc Committee will be convened to review a schedule for adopting the LCP. Staff will review the Newport Beach and Dana Point LCP and develop a schedule to take to the Ad Hoc Committee. 6. Planning Director's Association of Orange County is hosting a Commission training session from 7:00 a.m. to 2:00 p.m. on Thursday, October 14, 2010. COMMISSION CONCERNS Commissioner Galbreath stated he is very displeased with the delay with the Old Ranch Country Club filing of the application for the eucalyptus tree permit. ADJOURNMENT Chairperson Deaton adjourned the meeting at 8:28 p.m. 7 of 8 City of Seal Beach Planning Commission Meeting Minutes of September 15, 2010 1 Respectfully Submitted, 2 3 4 5 Carmen Alvarez, Executive Assis nt 6 Planning Department 7 8 9 APPROVAL 10 11 The Commission on October 6, 2010, approved the inutes of the Planning 12 Commission Meeting of Wednesday, September 15, 2010. �. 8 of 8