HomeMy WebLinkAboutPC Min 2007-10-17
City of Seal Beach Planning Commission
Agenda for October 17, 2007
7:30 p.m.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. AGENDA APPROVAL
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or
public to request an item be removed from the Consent Calendar for separate
action.
IV. 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.
V. 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,
staff, or the public requests a specific item be removed from the Consent Calendar
for separate action.
1. September 2007 Building Activity Report.
2. RECEIVE AND FILE: Information Re: "Great Places in America," -
American Planning Association.
VI. SCHEDULED MATTERS
3. Approve Planning Commission Meeting Minutes of September 19, 2007.
4. Request for Time Extension - Conditional Use Permit 05-10, 2950
Westminster Avenue
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City of Seal Beach Planning Commission. Agenda of October 17,2007
VII. PUBLIC HEARING
5. Conditional Use Permit 07-13
3001 Old Ranch Parkway (Kobe Steak House)
(To be re-noticed for Planning Commission Meeting of November 7,2007)
Applicant/Owner: BNP Enterprise, Inc. I Bixby Land Company
Request: To allow live entertainment in conjunction with an
existing restaurant and bar.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-54.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
To adjourned meeting of November 7,2007, at 7:30 P.M.
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Nov 21
Dec 05
Dec 19
City of Seal Beach Planning Commission. Agenda of October 17, 2007
2007 AQenda Forecast
Conditional Use Permit 07-13 - 3001 Old Ranch Pkwy (Kobe Steak House)
Conditional Use Permit 07-14 - 1695 Adolfo Lopez Drive
Conditional Use Permit 07-15 - 12310 Seal Beach Blvd
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of October 17,2007
Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, October 17, 2007. The meeting was
held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present:
Chairperson Deaton, Commissioners DeLay, Massa-Lavitt, and Roberts.
Also
Present:
Department of Development Services
Jerry Olivera, Senior Planner
Steve Flower, Assistant City Attorney
Absent:
Commissioner Bello
Lee Whittenberg, Director of Development Services
Chairperson Deaton requested a motion to excuse Commissioner Bello from tonight's
meeting.
MOTION by Massa-Lavitt; SECOND by Roberts to excuse Commissioner Bello from the
Planning Commission meeting of October 17, 2007.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, DeLay, Massa-Lavitt and Roberts
None
Bello
AGENDA APPROVAL
Commissioner Roberts asked if Item 3 should be included in the Consent Calendar. Mr.
Flower advised that due to Commissioner Massa-Lavitt's absence from the meeting of
September 19, 2007, Staff had anticipated that this item would be removed from the
Consent Calendar and did not include it, as Commissioner Massa-Lavitt must abstain
from voting on this item.
MOTION by Roberts; SECOND by Massa-Lavitt to approve the Agenda as presented.
1 These Minutes were transcribed from audiotape of the meeting.
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MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, DeLay, Massa-Lavitt and Roberts
None
Bello
ORAL COMMUNICATIONS
Chairperson Deaton opened oral communications.
Linda Kruger stated that before Jack-In-the-Box reopened she had inquired about the
hours of operation and was told that the hours would be from 6:00 a.m. to 12:00 a.m.
during the week and it would close at 1 :00 a.m. on weekends. She indicated that the
posted hours reflect 6:00 a.m. to 2:00 a.m. seven days a week. Chairperson Deaton
asked Staff if the restaurant had these hours posted before the remodel. Mr. Olivera
stated that he believes they did not go until 2:00 a.m. Chairperson Deaton asked that
Staff look into this, as she understands that Jack-In-the-Box was grandfathered in and
did not require a Conditional Use Permit (CUP) but must abide by the conditions of the
original business license. Mr. Olivera stated that he understands this to be the case,
and noted that any business in the City is permitted to operate during the hours of 6:00
a.m. and 2:00 a.m. without a CUP. He explained that operation between the hours of
2:00 a.m. and 6:00 a.m. would require a CUP. Chairperson Deaton asked if this had
been addressed in the proposed new Zoning Code (ZC) discussion. Commissioner
Roberts stated the Planning Commission (PC) had recommended amending the closing
time to 11 :00 p.m. with later operation requiring a CUP. Mr. Olivera said once this
recommendation is codified, businesses would be held to this new time. He said he
would verify the hours for Jack-In-the-Box. Ms. Kruger stated that with Jack-In-the-Box
closing at 2:00 a.m. the employees do not leave until 2:30 a.m., or later, and there is
also a large exhaust fan that is turned on at that hour that is very noisy. She also noted
that the parking lot and interior lights do not go off until 3:45 a.m. and she must wake up
by 4: 15 a.m. Commissioner Roberts inquired about the preparation of a Staff Report on
this issue, as was indicated by Mr. Whittenberg. Mr. Olivera stated he would inquire
about the status of this report. Ms. Kruger then requested that no deliveries be allowed
on Sundays. Chairperson Deaton inquired of Staff regarding this. Mr. Olivera stated
that nothing in the Code precludes businesses from having deliveries on Sundays,
unless there are specific conditions within a CUP to prevent this. Ms. Kruger noted that
there was a delivery made last evening at 8:30 p.m.
Jan Morrison of 330 8th Street stated that she is also being awakened between 2:00-
2:30 a.m. by noise from Jack-In-the-Box employees leaving work, which goes on until
approximately 3:45 a.m., then the day shift begins work at 5:30 a.m. She said this is
like a 24-hour business and she confirmed the Sunday delivery mentioned by Ms.
Kruger. She also noted that the speaker box is very loud and it doesn't appear that they
have a read only board for use after 10:00 p.m. Commissioner Massa-Lavitt asked if
Ms. Morrison has spoken to the corporate offices for Jack-In-the-Box. Ms. Morrison
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City of Seal Beach Planning Commission
Meeting Minutes of October 17, 2007
said that she has done so many times. Commissioner Massa-Lavitt encouraged Ms.
Morrison to continue calling the corporate offices until action is taken.
Joyce Parque stated that she is providing to the new Commissioners photographs
previously presented related to the 3rd story referendum. She then spoke against giving
special consideration and approvals to one person while denying the same request to
another.
Seth Ecker, owner of Black Marble Consulting, spoke on the ongoing desire for the Seal
Beach Chamber & Business Association (SBCBA) to be involved in Planning
Commission (PC) activities, particularly as it pertains to business and resident harmony
and to encourage and support the PC and all of the good work that it does, he then
extended appreciation to the PC on behalf of the SBCBA. He emphasized that the
SBCBA supports harmony between residents and local businesses, and wishes to
acknowledge Staffs efforts to the Rivers and Mountains Conservancy and the
beautification project for the River's End area and the bike trail. He noted that this
enriches not only the residents but the business community. Mr. Ecker then thanked
the City Council and the Commission for their support of the Shops at Rossmoor and
the attendance of council people and commissioners at the grand openings.
There being no one else wishing to speak, Chairperson Deaton closed oral
communications.
CONSENT CALENDAR
1. September 2007 Building Activity Report.
2. RECEIVE AND FILE: Information Re: "Great Places in America," - American
Planning Association.
MOTION by Roberts; SECOND by Massa-Lavitt to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, DeLay, Massa-Lavitt and Roberts
None
Bello
SCHEDULED MATTERS
3. Approve Planning Commission Meeting Minutes of September 19, 2007.
MOTION by Roberts; SECOND by DeLay to approve the Planning Commission Meeting
Minutes of September 19,2007, as presented.
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City of Seal Beach Planning Commission
Meeting Minutes of October 17, 2007
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Deaton, DeLay, and Roberts
None
Bello
Massa-Lavitt
4. Request for Time Extension - Conditional Use Permit 05-10, 2950 Westminster
Avenue
Staff Report
Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning
Department.) He provided some background information on this item and noted that this
is the Chevron Station located at the corner of Westminster Avenue and Seal Beach
Boulevard. He indicated that they have been having difficulties getting through the
California Coastal Commission (CCC) process, and in the meantime, their previous
permits are close to expiring, so they are requesting an extension to allow for this.
Commissioner Roberts noted that Staff is recommending a 7 -month extension and
asked if this would allow sufficient time. Mr. Olivera stated that based upon what the
applicant has related to Staff, it should be adequate.
MOTION by Roberts; SECOND by Massa-Lavitt to approve the request for a time
extension for Conditional Use Permit 05-10,2950 Westminster Avenue, as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, DeLay, Massa-Lavitt and Roberts
None
Bello
Mr. Flower advised that the approval of a time extension for Conditional Use Permit 05-
10 begins a 1 a-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 07-13
3001 Old Ranch Parkway (Kobe Steak House)
(To be re-noticed for Planning Commission meeting of November 7,2007)
Applicant/Owner:
Request:
BNP Enterprise, Inc./ Bixby Land Company
To allow live entertainment in conjunction with an existing
restaurant and bar.
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City of Seal Beach Planning Commission
Meeting Minutes of October 17, 2007
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-54.
STAFF CONCERNS
None.
COMMISSION CONCERNS
Commissioner Roberts clarified that would be 3 public hearing items on the next
meeting agenda plus the study session on residential districts. The Commission
confirmed that this was correct. Commissioner Roberts then thanked the SBCBA for
their words of appreciation and stated that the PC looks forward to working with them.
Chairperson Deaton also thanked the SBCBA for their participation. She then inquired
regarding the status of a report on the property at the southeast corner of Main Street
and Pacific Coast Highway. Mr. Olivera stated that Staff would provide this information.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 7:54 p.m.
Respectfully Submitted,
C'n.~~N'.. ~~-
Carmen Alvarez, Executive Secre'fary
Planning Department
APPROVAL
The Commission on November 7, 2007, approved the Minutes of the Planning
Commission Meeting of Wednesday, October 17,2007. ~ .
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