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Home My WebLink AboutPC Min 2013-08-07 City of Seal Beach — Planning Commission August 7, 2013 Chair Massa-Lavitt called the regular meeting of the Planning Commission to order at 7:00 p.m. in the City Council Chambers and led the Salute to the Flag. ROLL CALL Present: Chair Massa-Lavitt; Commissioners: Goldberg, Campbell, Cummings, Sloan Staff Present: Jim Basham, Director of Community Development Jerry Olivera, Senior Planner Crystal Landavazo, Assistant Planner Steven Flower, Assistant City Attorney Tina Knapp, Deputy City Clerk APPROVAL OF AGENDA Chair Massa-Lavitt requested that the agenda be reordered to have Item 5 considered immediately following oral communications. With no objections, the Chair so ordered the approval of the agenda as amended. ORAL COMMUNICATIONS Chair Massa-Lavitt opened oral communications. Carla Watson reported that the City's 98th Founders Day celebration is being held on October 6, 2013. She also expressed opposition to Item 4. The owner of A-104 Surfside Avenue spoke in opposition to Item 3 as it blocks his home's view of the wetlands. There being no other speakers, Chair Massa-Lavitt declared oral communications closed. PUBLIC HEARINGS 5. Conditional Use Permit (CUP 12-28) 981 Pacific Coast Highway [Starbucks] Applicant: Candice Doyle —Architects Orange Owner: Columbia Regency Retail Partners, LLC Request: For a Conditional Use Permit to allow a reconfigured drive- through; provision of an outdoor seating area; and establishment of a 24-hour operation within an existing commercial structure. Recommendation: After conduction the public hearing, staff recommends that the Planning Commission adopt Resolution 12-41, denying CUP 12-28. Chair Massa-Lavitt indicated that the applicant for the CUP requested that this item be continued indefinitely. The applicant was not present. Chair Massa- Lavitt allowed those present to speak on this item. Speakers: Five speakers Page 2 — Planning Commission 08/07/13 spoke in opposition of the CUP because of parking and traffic issues, as well as concern for local small business owners. Cummings moved, second by Campbell, to continue adoption of Resolution 13- 13 to a date uncertain. AYES: Goldberg, Campbell, Cummings, Massa-Lavitt, Sloan NOES: None Motion Carried CONSENT CALENDAR With no objections, the Chair so ordered Item 3 be pulled for separate consideration. Sloan moved, second by Campbell, to approve the recommended actions on the consent calendar except for Item 3, which was pulled for separate consideration. AYES: Goldberg, Campbell, Cummings, Massa-Lavitt, Sloan NOES: None Motion Carried 1. Approved Planning Commission Meeting Minutes of June 19, 2013. 2. Minor Use Permit (MUP 13-3) — Request to construct a Covered Roof Access Structure to provide access to a roof deck. [C-30 Surfside Avenue] The Assistant City Attorney advised that the approval of Resolution No. 13-10 approving MUP 13-3 is the final decision of the Planning Commission. There is a 10-day appeal period to the City Council — the appeal period begins August 8, 2013 and ends at 5:00 p.m. on August 19, 2013. ITEMS REMOVED FROM CONSENT CALENDAR Item 3 / Minor Use Permit (MUP 13-4) — Request to construct a Covered Roof Access Structure to provide access to a roof deck. [B-104 Surfside Avenue] The Senior Planner provided the staff report on this item. The Commissioners discussed the view from the various properties that would be affected by this Structure. The Commission provided an opportunity to both the applicant and owner of A-104 Surfside to speak on this item. Cummings moved, second by Sloan, to adopt Resolution No. 13-11 approving MUP 13-4, approval to construct a Covered Roof Access Structure to provide access to a roof deck (B-104 Surfside Avenue). AYES: Goldberg, Campbell, Cummings, Massa-Lavitt, Sloan NOES: None Motion Carried The Assistant City Attorney advised that the approval of Resolution No. 13-11 approving MUP 13-4 is the final decision of the Planning Commission. There is a 10-day appeal period to the City Council — the appeal period begins August 8, 2013 and ends at 5:00 p.m. on August 19, 2013. Page 3 — Planning Commission 08/07/13 SCHEDULED MATTERS No items at this time. PUBLIC HEARINGS 4. Conditional Use Permit (CUP 13-3) 620 Pacific Coast Highway [Glory Days] Applicant: Richard and Nancy Brown Owner: Bay City Plaza Partners Request: For a Conditional Use Permit to allow an Extended Hour Business; permit the use of arcade games; and establish an outdoor patio area as part of a proposed restaurant. The property has an existing Type 47 Alcohol License and Live Entertainment Permit which will be maintained. Recommendation: After conducting the public hearing, staff recommends that the Planning Commission adopt Resolution 13-13, approving CUP 13-3, subject to conditions. The Assistant Planner provided the staff report for this item. The Assistant Planner noted that three conditions were added to the Resolution, Items 24, 25 & 26. The Commission discussed the requirement of having a security guard pursuant to Item 18 of the Resolution. The Assistant City Attorney recommended changes to Item 8 of the Resolution. Chair Massa-Lavitt opened the public hearing. Speakers: Five speakers, including the applicant, spoke in support of the CUP. Three speakers spoke in opposition of the CUP for reasons including hours of operation, outside seating, parking, delivery time(s), and windows. There were no other speakers — Chair Massa-Lavitt declared the public hearing closed. With no objections Chair Massa-Lavitt called for a recess at 9:19 p.m. and reconvened the meeting at 9:31 p.m. The Commission discussed changing the following items in the Resolution: • Section 4, Item D — change the hours of operation to close at 11:00 p.m. • Section 5, Item 1 — change the hours of operation to close at 11:00 p.m. • Section 5, Item 4 — change the hours of operation to close at 11:00 p.m. • Section 5, Item 8 — change to read, "Live entertainment (music) shall be conducted only within the enclosed restaurant and in compliance with all requirements of the Municipal Code. Live entertainment is prohibited in the outdoor dining area." • Delete Item 18, Section 5 • Section 5, Item 19 — change to read, "A minimum of 3 employees must be on duty at all times between the hours of 12:01 A.M. to the closing time." • Section 5 — add Item 27 prohibiting deliveries between 10:00 p.m. to 7:00 a.m. Page 4 — Planning Commission 08/07/13 When asked, the applicant indicated that these conditions met his needs, with the exception of the closing time Sunday through Thursday. He preferred 12:00 a.m. The Commission discussed changing the following items in the Resolution: • Section 4, Item D — change the hours of operation to close at 12:00 a.m. • Section 5, Item 1 — change the hours of operation to close at 12:00 a.m. • Section 5, Item 4 — change the hours of operation to close at 12:00 a.m. Cummings moved, second Campbell, to adopt Resolution 13-13 with amended conditions. AYES: Campbell, Cummings, Massa-Lavitt, Sloan NOES: Goldberg Motion Carried The Assistant City Attorney advised that the adoption of Resolution No. 13-13 approving CUP 13-3 is the final decision of the Planning Commission. There is a 10-day appeal period to the City Council — the appeal period begins August 8, 2013 and ends at 5:00 p.m. on August 19, 2013. DIRECTOR'S REPORT The Director provided an update on the Housing Element. He also advised that the City sent out notices for stakeholders meetings to be held on August 14th & August 15th regarding parking in Old Town. The meetings will be held one-on- one. COMMISSION CONCERNS A Commissioner provided an update on construction in the Shops at Rossmoor and another inquired as to an update on the restaurant at the end of the pier. The Director responded that the restaurant area of the pier remains closed due to ongoing repairs. ADJOURNMENT With no objections, Chair Massa-Lavitt adjourned the Planning Commission meeting at 10:21 p.m. • Q Vtti kortt Deputy City Clerk Approved: 66,4� �j,,� Chair Attest: �' '"-'t"tC `- Deputy City Cler