Loading...
HomeMy WebLinkAboutPC Min 1982-02-17 . MINUTES OF THE SEAL BEACH PLANNING COMMISSION OF FEBRUARY 17,1982 e' THE PLANNING COMMISSION OF SEAL BEACH MET IN REGULAR SESSION ON WEDNESDAY, FEBRUARY 17, 1982 IN THE COUNCIL CHAMBERS OF THE CITY ADMINISTRATION BUILDING. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN COVINGTON AT 7:35 P.M., AND THE PLEDGE TO THE FLAG WAS LED BY COMMISSIONER GILKERSON. PRESENT: Commissioners Gilkerson, Goldenberg, Jessner, Leibert and Chairman Covington STAFF: Director Danielson, Associate Planner Antos The minutes of the Februacry 3, 1982 meeting were unanimously approved. ,Director Danielson indicated to the Commission, the presence of Dr. Neil, a former manager of Fountain Valley, Stanton, Oceanside, with members of his class from Long Beach State who were at the meeting to observe. 1. PUBLIC HEARINGS . A. CP-7-81 (Walt's Wharf) - General Liquor License Discussion item (A) was a continuation from the February 3rd meeting regarding an application from Walt's Wharf to receive a general liquor license which would permit that restaurant to change from on-sale beer and wine to a general liquor license. There'were additions to the staff report previously presented by Mr. Antos. Those additions are as follows: 1) Letter from applicant outlining their operation along wit~ a diagram of the proposed parking layout. 2) Letter from Bank of America permitting use of their parking lot on an as-available basis. .' 3) Letter from Dr. Babcock permitting the use of 3 parking spaces at 805 Central Avenue after 5 p,m. and on weekends. 4) Letter from Ross and Pryde McGuire of 134A Main Street opposing approval of the permit. 5) Councilman Krede11 's note opposing granting of permit due to lack of parking spaces. 6) Letter from Grace Bretheren Church formally opposing granting of the permit on the basis that such a permit would further jeopardize the moral climate of the community. 7) An anonymous letter to the Planning Commission in favor of the conditional use permit. Minutes of ,2/17/82 P.C. Meeting Page 2 . 8) A memo from the Chief of Police providing all incidents that had ever occurred at Walt's Wharf from 1975-1979, which showed the restaurant had been a victim, but had never been cited for any sort of activities. 9) In addition, the Chief of Police provided incidents which had occurred for G1ide'er Inn for the past three years. The applicant had also provided a petition in favor of allowing the liquor license from 18 people representing 15 businesses along Main Street. Several of those signing the petition provided letters in favor, as follows: 1) Bob A. Griffith, Bob's Rexa11 Drug 2) Wm. Jones, Teresa Jones, Bay Hardware 3) Martin & Margaret Murphy, The Gold Mine 4) John Eu1berg, owner of Gift Horse, president of Seal Beach Old Town Business'Association and speaking also as a resident who lives behind Walt's Wharf at 208 8th Street. Public Hearing Reopened. As there were'no new speakers, hearing closed. Commissioner Leibe~t asked how many parking spaces the Sunflower Restaurant leased. Mr. Antos replied they leased 30 parking spaces on Main and 10th Street parking lot. '. Chairman Covington ,asked how this would compare to parking at the G1ide!er Inn and the Rum Runner's restaurants. Staff replied that each of those restaurants have large parking lots, but would probably not meet today's code require- ments. Commissioner Gilkerson stated he felt a condition regarding restriction of operating hours should be placed on the conditional use permit. Chairman Covington stated that the applicant, as he recalled, had no objection to a restriction on operating hours. Mr. LaCasto, the applicant, stated that no particular hour had been discussed for a restricted closing hour. ' Commissioner Jessner asked if any other restaurant had a condition such as this one proposed. Commissioner Gilkerson replied that the pier restaurant had such a condition. . Mr. LaCasto stated that the Alcoholic Beverage Control board dictates a closing hour of 2 a.m. He stated that Walt's Wharf is now operating with a closing time of approximately 11 p.m. Chairman Covington asked if an 11 p.m. closing time would be consistent with Walt's Wharf's operation. Mr. LaCasto stated that he does not anticipate bei ng op~n beyond an 11 p.m. time period, but he would like to place a 12 a.m. limit rather than 11 p.m. to allow the restaurant some flexibility, especially for days such as St. Patrick's Day, etc. This would allow him to operate the restaurant without violating any condition of the permit. He stated that the restaurant presently closes around,9 or 10 p.m. in the winter and around 10 or 10:30 p.m. in the summertime. Minutes of 2/17/82 P.C. Meeting Page 3 . Chairman Covington stated that he planned to vote in favor of the conditional use permit because he felt that there was a great deal of validity to many ,of those comments spoken on behalf of the request. He felt that the pri- mary opposition should have been made to the A1cho1ic Beve~age Control board, and not to the Planning Commission, but unfortunately those opponents did not become aware of Walt's Wharf's request in time to file a protest to ,that board. He said it would be difficult to deny an established business the right to compete with other businesses, but the Planning Commission does have the right to have the required parking conditions satisfied, as they have done in this case. Chairman Covington also stated that he would like to have the Bank of America letter giving parking permission to ~emain in effect and that at the end of one year, the P1ann1.hg Commission could ensure that the condition was continuing to be maintained when the applicant returned to the Commission for renewal. . Commissioner Leibert moved that a condition be added to'the resolution regard- ing closing hours. Commissioner Jessner stated that he was not in favor of establishing a closing time because the other businesses in town did not have such a restriction, but would go along with it if Walt's Wharf could live with such a restriction. Commissioner Jessner then asked the applicant if he had any objection to an 11 p.m. closing time. Philip LaCasto stated he would like the closing time to be midnight to allow for flexibility. Chairman Covington asked the applicant if he would object to an 11 p.m. closing hour Sunday through Thursday, with a midnight closing time on Friday and Saturday. Mr. LaCasto again stated that 12 a.m. would be the more feasible time limit. Commissioner Goldenberg stated he did not feel any closing time restriction was warranted until such time as the authorities find reason for restricting operating hours, but if the owner would accept midnight, he would second the motion. Commissioner Leibert moved to include a condition of a 12 a:m. closing hour in the conditional use permit. Commissioner Goldenberg seconded the motion. The motion passed 3-2. Commissioner Jessner moved to include a condition in the permit with regard to having the Bank of America letter remain in effect. Chairman Covington seconded the motion and,the motion passed unanimously. Commissioner Goldenberg moved to approve the resolution as amended with Commissioner Leibert seconding. Resolution passed 4-1. . 2. CP-1-82 (Chevron USA) - Temporary Office Trailer This permit was a request to place a 12 ft, x 60 ft. office trailer on the Chevron/Exxon site at 99 Marina Drive, Zone O-E (oil extraction). Staff report was given by Mr. Antos and included photos of the proposed trailer. . Minutes of 2/17/82 P.C. Meeting Page 4 . Chairman Covington asked whether~the Planning Commission had at any time approved a trailer that was to be other than on a temporary basis. It was his recollection that the only time a trailer may be used is when it is used for schools, as a construction trailer, or when it is providing a temporary site for businesses when a permanent site is being constructed. This particular request did not seem to fit in any of these categories. Staff replied that in the oil/extraction zone, all oil-related activities require a conditional use permit and this particular request is proposed because this facility is staffed on a 24-hour basis. This request is proposed for a 2-year period. Chairman Covington asked if there was any chance of a misunderstanding by the applicant in thinking Chevron might expect an additional two years for use of the trailer. Staff replied that the applicant must reapply if they find they need additional time. Public Hearing Opened. Maruy Froman of 1216 3rd Street in Hermosa Beach, representing Riverbeach Associates, stated that while there was no objection to issuance of the conditional use permit, he asked that that portion of the property located on First Street and the chain link fence be landscaped by the owner. He felt that development now occurring and proposed development such as the DWP, site,wou1d continue to improve the aesthetics of the community and the only unsightly property would be the Chevron site. No one spoke opposing the conditional use permit. Mr. Larry McCamish of Chevron USA, stated that the lease was for 2 years, 4 months, and that landscaping for that period of time would be an onerous burden to Chevron. Chairman Covington asked if the applicant was familiar with lease landscaping, whereupon portable landscaping materials could be leased and do a very creditable job while still being cost-effective: Mr. McCamish stated that the chain link fence had plastic runners which prevented viewing of the facility. Commissioner Jessner stated that most of the runners were missing in the chain link fence. Mr. McCamish stated that Chevron"wou1d be happy to replace the missing runners. Commissioner Jessner asked if there were restroom facilities. Mr. McCamish replied that restrooms were located in the existing facility. The trailer would not have any plumbing. Chairman Covington asked if it was a practice to oppose placement of a trailer without restroom facilities. Staff replied that restrooms were only necessary when the public comes in to transact business. This particular trailer is for employees only and , restrooms are located inside the fenced area. . Vince Noble of Chevron stated that the trailer is primarily to house a secretary and the area foreman. The present restroom faci1ites are for the 4 permanent personnel during the daytime. Minutes of 2/17/82 P.C. Meeting Page 5 '. Commissioner Jessner asked if there was a security guard. Mr. Noble replied there is an operator on duty at all times. He also stated that there will be skirting on the trailer and it is not felt that vandalism will be a problem. Commissioner Jessner asked what would happen at the end of Chevron's 2-year lease if they decided not to renew it. Mr. Noble stated that the property would have to be turned back to its'origina1 condition, but Chevron would most likely ask for an extension. . Commissioner Jessner stated that there was large piping in the area where the trailer is proposed to be. Mr. Noble replied that the p-ipingwas only there temporarily due to overhauling of facility done on an annual basis. Commissioner Jessner felt that there was a direct access from the adjacent park to the facility and it could possibly be a safety problem by not capping off the ends of the pipe and putting the facility in a secured area. Mr. Noble stated that these pipes were only there for a m~ximum of 6 hours while they were being overhauled. He further stated that Chevron has always been aware of the fact that the park area is adjacent to them. He said we feel we run a very secure facility and don't feel that security and safety are too big of a problem. Commissioner Jessner added that he felt Chev~on's security was fine as evidenceJ when he visited th~ site, but that Exxon's gate was, open and that bei ng so near to the park posed a safety problem. Mr. Noble stated that to the best of his knowledge, Exxon is maintained by a man on schedule and he comes into their facility 3 or 4 times a day. Chevron has been acting as a gate guard in that respect, regarding people coming into the area. Commissioner Jessner was also concerned with the aesthetics of the facility. He felt that it would not fit in with the surrounding homes as the facil ity presently stands. The wall and fence look out of place with the rest of the community. He would like to see some sort of requirement for landscaping. Mr. Noble stated that he knew some of the slats were missing from the chain link fence. He did not know whose responsibility it would be to landscape, Exxon's or Chevron's. There are some bushes around the parking area which protect the view of the facility. As far as he knew, these plants were not being maintained. . Commissioner Goldenberg asked if the facility is completed enclosed with doors or gates so that no access is available. Mr. Noble stated that it is enclosed with walls and a gate. Commissioner Goldenberg then asked ,if there were going to be alarms in the trailer. Mr. Noble stated that there were going to be some backup red light alarms. Commissioner Jessner asked what is the size of the area. Mr. Noble stated it is about 200 ft. wide or 4,000 sq. ft. Public Hearing closed. Minutes of 2/17/82 P.C. Meeting Page 6 . Commissioner Jessner stated he would like to see that some type of land- scaping or in-lieu of landscaping, fencing repairs, something to make the site more presentable. The facility would appear to be there on a long- term basis and landscaping should be made a part of the requirements. Co~nissioner Jessner indicated he would like to see a landscaping plan with regards to blocking the facility from view of the park. Staff replied there had been no problem with people from the park entering the facility in 10 years. Chairman Covington said once the new park is developed, incidents might be more likely to happen. . Commissioner Jessner said he would like to request a report from the Maintenance Department with regard to whether or not any extra street cleaning requirements are needed there because of the fact that when it rains, there is a lot of dirt on the streets with trucks moving in and out of the facility. Possibly crushed rock would keep out the mud and water from the streets if it is a problem. Chairman Covington said he would very much support having a continuation of the hearing and during that time have the applicant and staff work out landscaping problems not only for the trailer but,for the parking area perimeter, and to consider a barrier along the area which may be an entry point for children in the parks (with this to be presented to the Parks & Recreation Department for their recommendations). The trailer should be skirted. The area around the trailer should be maintained clear thereafter so it could not be used as a storage area with the trailer enclosed so as to provide safety. The public hearing will be reopened at the March 3rd'meeting. Director Danielson told the Planning Commission that their handbook is being revised and will be back at the next meeting. Lois O~Su11ivan of 4546 Oster, Lakewood, student at Long Beach State, asked why the Planning Commission felt it necessary to place an operating hour restriction on Walt's Wharf. Chairman Covington stated that he felt the restaurant is in the heart of residential area; has a church nearby which has evening activities, and he therefore felt it was inappro- priateto have large numbers of people who had been drinking, discharging into those nearby areas during the evening hours. Director Danielson then indicated that the City Council approved the time extension of Parcel Map #80-1002. With regard to the Planning Commission's idea of donating their fees to the City, Director Danielson stated that the City Manager would like to see how the City Council feels about it since other cities had not participated in this type of action before. Commissioner Leibert stated that the City Council of Beverly Hills had worked for free for many years. Director Danielson stated that the Planning Commissions are a more professional working body. . Commissioner Goldenberg asked if staff could find out if any other cities had set a precedent with regard to length of time on a building permit. Mr. Antos stated that the Planning Commission has the right to impose reasonable conditions. Building codes have specific requirements for permits. Meeting adjourned at 9:10 p.m. ~/e. ~~ Recording Secretary ,