HomeMy WebLinkAboutPC Min 2014-10-06 City of Seal Beach - Planning Commission
October 6, 2014
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: Campbell, Goldberg, Sloan
Absent: Commissioner: Cummings
Staff Present: Jim Basham, Director of Community Development
Steven L. Flower, City Attorney
Crystal Landavazo, Senior Planner
Linda Devine, City Clerk
Campbell moved, second by Sloan, to excuse Commissioner Cummings from the
meeting.
AYES: Campbell, Goldberg, Massa-Lavitt, Sloan
NOES: None
ABSENT: Cummings Motion Carried
APPROVAL.OF AGENDA
With no objections, Chair Massa-Lavitt so ordered the approval of the agenda, as
presented.
ORAL COMMUNICATIONS
Chair Massa-Lavitt opened oral communications. Speaker(s): Seth Eaker,
representative for the Seal Beach Police Foundation, announced the inaugural
charity golf tournament scheduled for November 17, 2014 at the Old Ranch
Country Club in Seal Beach. There being no other speakers, Chair Massa-Lavitt
declared oral communications closed.
CONSENT CALENDAR
Campbell moved, second by Sloan, to approve the recommended actions on the
consent calendar as presented.
AYES: Campbell, Goldberg, Massa-Lavitt
NOES: None
ABSENT: Cummings
ABSTAIN: Sloan Motion Carried
1. Approved the Planning Commission Meeting Minutes of July 16, 2014.
Page 2 - Planning Commission 10/06/14
SCHEDULED MATTERS
No items at this time.
PUBLIC HEARINGS
2. Conditional Use Permit (CUP) 14-5 16281 Pacific Coast Highway
Applicant: Lisa Rodden
Property Owner Douglas & Charlene Marls
Request Conditional Use Permit 14-5 requesting live entertainment (two
musical performers with non-amplified music) in an existing
restaurant with a Type 47 on-sale alcohol license.
Recommendation: After conducting the Public Hearing, staff recommends that the
Planning Commission adopt Resolution No. 14-7, approving
Conditional Use Permit 14-5 with Conditions.
The Senior Planner presented the background and analysis for CUP 14-5 to
permit Taco Surf to add live entertainment Fridays and Saturdays from 6:00 p.m.
to 9:00 p.m. and Sundays from 4:00 p.m. to 7:00 p.m. with conditions and that
Resolution 14-5 shall serve as the amended and restated use permit for the
subject property and shall supersede and rescind previous Planning Commission
Resolutions (#98-17; #92-29; #92-18; and #12-23).
Chair Massa-Lavitt opened the public hearing. Speakers: Todd Maris,
representing the owners, provided comments to support the request for the CUP
and was under the assumption that they were operating under the current use
permit that allowed live music; 12 audience members spoke requesting the CUP
be amended to allow amplified music; Mr. Maris made final comments; and Lisa
Rodden, applicant, stated that the only condition they wanted to be
grandfathered in was to have amplified music and she had worked with staff on
the CUP to align the provisions from the previous use permits with the current
zoning ordinance and owners have agreed to the conditions in the CUP. There
being no other speakers, Chair Massa-Lavitt closed the public hearing.
Commissioners received clarification and deliberated the condition regarding
unamplified musical performers (section 5.1). The Director of Community
Development informed the Commissioners that there is an open code
enforcement case on this property and that the municipal code specifically states
that live music with amplified instruments is prohibited (MC 11.04.05.010.D.2.c).
The City Attorney stated that any changes to the municipal code cannot be done
at this meeting and reminded the Commissioners that only CUP 14-5 is before
them for consideration and any further discussion by the Commission will need to
agendize for a future meeting.
Sloan moved, second by Campbell, to adopt Resolution No. 14-7 entitled "A
RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING
CONDITIONAL USE PERMIT 14-5 TO ALLOW A RESTAURANT WITH A TYPE
47 ALCOHOL LICENSE, AND LIVE ENTERTAINMENT (TWO MUSICAL
PERFORMERS WITH UNAMPLIFIED MUSIC) AT 16281 PACIFIC COAST
HIGHWAY IN THE GENERAL COMMERCIAL ZONE".
Page 3 - Planning Commission 10/06/14
AYES: Campbell, Goldberg, Massa-Lavitt, Sloan
NOES: None
ABSENT: Cummings Motion Carried
The City Attorney advised that the adoption of Resolution No. 14-7 approving
CUP 14-5 is the final decision of the Planning Commission. There is a 10-day
appeal period to the City Council and the appeal period begins October 7, 2014
and ends at 5:00 p.m. on October 17, 2014.
Sloan moved, second by Goldberg, to agendize the discussion to amend the
municipal code to allow amplified music in the City.
AYES: Campbell, Goldberg, Massa-Lavitt, Sloan
NOES: None
ABSENT: Cummings Motion Carried
DIRECTOR'S REPORT
The Director of Community Development inquired if the Planning Commissioners
present would be available for the November 17th scheduled meeting and
reported on the progress of the aquatic community center/pool.
COMMISSION CONCERNS
Commissioner Sloan inquired about the pier structure; Commissioner Goldberg
asked what the outcome will be from the consultants regarding the pool; and
Chair Massa-Lavitt asked if staff had any update (El R) on the power plants along
Studebaker.
ADJOURNMENT
With no objections, Chair Massa-Lavitt adjourned the Planning Commission
meeting at 8:36 p.m.
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City Clerk
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Chair
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City City lerk
Page 4 - Planning Commission 10/06/14
City of Seal Beach - Planning Commission
October 20, 2014
The regular Planning Commission meeting scheduled for this date was cancelled
due to the lack of business items in need of consideration.
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City lerk
City of Seal Beach
City of Seal Beach - Planning Commission
November 3, 2014
The regular Planning Commission meeting scheduled for this date was cancelled
due to the lack of business items in need of consideration.
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Ci Clerk
City of Seal Beach