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HomeMy WebLinkAboutPC Min 1983-03-02 . MINUTES OF THE SEAL BEACH PLANN1NG COMMISSION OF MARCH 2, 1983 The Planning Commision met in regular session on Wednesday~ March 2, 1983 in the City 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 \ . Jessner. PRESENT: ABSENT: STAFF: Perri~, Jessner, Smith, Covington Goldenberg Antos The minutes of the February 16, 1983 meeting were considered and approved by the following vote: AYES: NOES: ABSTAIN: Smith, Covington, Jessner None Perrin PUBLIC HEARINGS A. William Sassenberg, V-2-83 Variance for 6 ft~ high fence in the front yard setback at 501 Agua Place. The applicant requested that the matter be continued for two weeks. The e Commission unanimously agreed to continue the public hearing. Staff requested that Item B on the agenda be taken heard along with Item E. Commission agreed to amend the agenda. C. Jack Haley, CUP-4-83 Res. #1279 Staff report presented by Mr. Antos. The application is for a CUP for on-sale beer and wine in conjunction with the Sunflower Restaurant located at 901 Ocean Avenue. The business has been purchased by Mr. Jack Haley who proposes to bring all aspects of the bUilding up to code, remodel the restaurant and eventually enlarge the building. ' Public Hearing Opened. 1. Jack Haley, 16182 Pacific Coast Highway, residence at 404 Ocean Avenue, spoke of his propo~eddinner restaurant. He stated that the proposed hours of operation are from 7 a.m. during the week, possibly 6 a.m. on the weekend. He proposes to have a sit down restaurant for 50 to 60 persons on the first level. At a later date; he will be considering a second level whi~h will give ~uests an opportunity to view the ocean. He further stated that at present, there are about 30 seats available. . Mr. Covington asked if there had been any p~ovision fof parking. Staff replied that the City Council has already approved for'that building a lease agreement which can be drafted between the City attbrney for that particular piece of property to lease parking in the Main Street and 10th Street City parking lots. He further noted that"?prior to any permit being issued for expansion, that agreement would have to be signed and to provide for the necessary parking. . - - Planning Commission Minutes of March 2, 1983 Page 2 Mr. Haley' also indicated that a recent meeting was held with the Alcoholic Beverage Control Board. The ABC board received input from residents in the area; most ,were merchants, but some were residents. Those resi.dents will have no formal protest to the CUP as long ~s the hours of operation were down and entertainment was confined to inside the restaurant. In reply to Mr. Covington's concern regarding the nearness of Grace Breth- eren Church, staff stated that "yes," part of the church's property is within 300 feet of the church, but other sites such as Walt's Wharf, two package liquor stores and a wine-tasting room were much closer to the church. The Church had received a notice of p~blic hearing; no reply had been received. Mr. Covington then asked what prOV1Slons would be made to prevent walk- away drinkers in the summer. Mr. Haley stated that he had a 38-year lease and that it was his intent .to remain here for at least 38 years. .In his 20 years as a restaurant owner (Captain Jack's in Huntington Beach) he has never once been cited for any reason by either the ABC or the Police Department. There will only be one entrance to the restaurant. Customers will have to enter the restaurant to purchase beer and wine - clothing must be worn, i.e. no bare chests, bare feet. Commissioner Perrin asked whether entertainment would be provided. Haley stated that we would eventually like to provide entertainment soley as background music. Chairman ~ovington asked that prior approval of staff be receiv~d before entertainment would be implemented, along with an 11 p.m. closing time to be called out in the reso'lution. There was additional discussion regarding the hours of operation between Mr. Haley and the Commission. ' " As no one spoke in opposition to the CUP, the public hearing closed. Chairman Covington asked,the folloWing conditions be added to the resolution approving CUP-4-83: 4. CUP stipulate that the applicant1s restaurant will stop serving between the hours ofll p.m. on Sunday through Thursdaiand will stop serving by 12 p.m. on Friday and Saturdays. 5. CUP wi 11 requi re the app 1 i cant to request. pri or approval from City Manager's office prior'to implementing entertainment" which shall not be reasonably be denied. 6. ' All on-site parking will be for customers only. Commissioner Perrin moved to approve amended resolution, with Commission Jessner se~onding. Following vote was taken: . AYES: NOES: ABSENT: Perrin, Smith, Covi~gton, Jessner None ' Goldenberg Res. #127.9 Planning Commission Minutes of March 2, 1983 Page 3 .- . ' D. Michael Lawlor, CUP-5-83 Staff report presented by Mr. Antos. This is a CUP for conversion of a duplex at 114 11th Street into a two=--unit condominium~ Staff requests that this matter be continued for 60 days in order for the applicant to comply with conversion notice requirements. Public Hearing opened to receive comments. Mr. Paul Calvo, owner's agent was available to answer questions regarding the conversion. Planning Commission asked that for the next hearing, plans be included which will show minor changes and additions, with the possibility of enclos- ing a stairwall and landing which would add to the gross footage. The possibility of provis~on of reasonabe payments to tenants who must move as a result of this conversion will be discussed at that time. No opposition to the conditional use permit was received. The unanimous concensus of the Commtssion was to hold over CUP-5-83 to a date at least 60 days or more in order that the applicant will have an opportunity to comply with the law. - Regarding CUP-3-83 and CUP-6-83 CUP-3~83 was a CUP to add 25% to a sixplex at 1217-1223 Ocean Avenue CUP-6-84 is a CUP to add 25% to a duplex at 1107 Seal Way. Staff report was presented by Mr. Antos when it was found in revi'ewing the above two applica- tions, that some problems have arisen in interpretation of the ordinance allowing additions to legal nonconforming buildings. Staff requested that these items be held over until a decision could be made. Chairman Covington stated that he felt that the whole purpose of the Policy Statement regarding additions to nonconforming buildings was to upgrade lifestyle, but not to increase density and he would, therefore, not be in favor of varying from that policy statement. Staff indicated that applications such as the above may come under a variance procedure or a zoning text amendment. Mr. Philip Lund, spoke regarding his application. It was indicated that he came before the Planning Commission during a study session prior to purchasing the property. Mr. Antos indicated that Mr. Lund's plans were to remodel the first floor, add a second floor and ~rovide a deck and bathroom. Chairman Covington stated that with the addition of a whole room, the result could be increased density which i~ beyond the power of the present policy statement. Mr. Covington felt that Mr. Lund should bring this matter back to the Commission under a variance procedure at no additional cost to the application, and to do so at the hext meeting in March. Comm- ission approved with the folloWing vote: ' - AYES: NOES: ABSENT: Covington, Smith, Perrin, Jessner None Goldenberg e '. Planning Commission ~inutes of March 2, 1983 Page 4 Mr. John Sczcerban spoke regarding his property at 1107 Seal Way. He felt that he would agree to .also co~e back ~o the .Commission with a var- iance procedure,a,t' rio-additional. cost tohfniself; and at the next meeting in March. Planning Commission agreed with th~ following vote: AYES: " NOES: ABSENT: Smith, Covingto"j" Jessner, Perri n None Goldenberg After much discussion concerning the CUP-3~83 and CUP-'6-83, the Planning Commission recommended to staff that the next phase ~f policy be developed to allo~ property upgrading which exceeds ,the established guidelines under, the present policy statement to minor additions to nonconforming buildings._ .* REPORTfROM'SECRfTARY . Mr. Antos presentedresiJ1ts of 'latest storm disaster. He indic'ated that the,City is complying with application for Federal monies to help during disa~ter.' - Mr. Antos 'also indicated that Councilwoman Joyce Risner would be traveling to Washington, D.C. to lobby for the City. Meeting adjourned at 10 p.m.