HomeMy WebLinkAboutPC Min 2008-04-09City of Seal Beach Planning Commission
Agenda for April 9, 2008
7:30 p.m.
PLEDGE OF ALLEGIANCE
I.
ROLL CALL
II.
AGENDA APPROVAL
III.
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.
ORAL COMMUNICATIONS
IV.
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.
CONSENT CALENDAR
V.
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. Approve Planning Commission Meeting Minutes of March 5, 2008.
2. Approve Planning Commission Meeting Minutes of March 19, 2008.
3. Minor Plan Review 08-6
1728 Harbor Way
Applicant/Owner: Greg and Denise Danner
Request: To construct a new freestanding barbecue and counter
structure within the required side yard setback area;
and a pool slide and rock grotto in conjunction with a
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City of Seal Beach Planning Commission • Agenda of April 9, 2008
new pool and spa within the required rear and side yard
setback areas.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-11.
SCHEDULED MATTERS
VI.
4. Approve Planning Commission Meeting Minutes of March 26, 2008.
PUBLIC HEARING
VII.
5. Variance 08-1
901-1101 Pacific Coast Highway (Seal Beach Center)
(Continued to April 23, 2008)
Applicant/Owner: Paul Sheppard/ Regency Centers
Request: To allow less than Code-required parking/shared
parking within an existing shopping center.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-5.
6. Conditional Use Permit 08-3
302 Main Street (Vino Voyage)
Applicant/Owner: Randy Maddix / Henryk Warno
Request: To modify the existing Conditional Use Permit and
change the existing ABC license from a Type 02
Winegrower (Winery) to a Type 42 On-Sale Beer and
Wine – Public Premises.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-9.
7. Conditional Use Permit 06-1 ( Indefinite Extension)
3005 Old Ranch Parkway (Spaghettini Grill)
Applicant/Owner: Carey Hardwick / Bixby Land Company
Request: Indefinite Extension of the existing Conditional Use
Permit 06-1 for the remodel of the outdoor patio area,
exterior modifications to the existing restaurant, and the
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City of Seal Beach Planning Commission • Agenda of April 9, 2008
addition of 639 square feet to the existing restaurant,
including a new stage area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-10.
8. Conditional Use Permit 08-4
1103 Pacific Coast Highway (Wachovia Bank)
Applicant/Owner: Callison Architects / Columbia Regency Retail Partners,
LLC
Request: Approval for a 24-hour, walk-up Automated Teller
Machine (ATM) in conjunction with a full service bank.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-12.
STAFF CONCERNS
VIII.
9. Response to Inquiry by Joyce Parque
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
To meeting of April 23, 2008, at 7:30 P.M.
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City of Seal Beach Planning Commission • Agenda of April 9, 2008
2008 Agenda Forecast
Apr 23
Minor Plan Review 08-7 - 974 Heron Circle
May 07
Minor Plan Review 08-8 - 3641 Oleander Street
May 21
Jun 04
Jun 18
Jul 09
Jul 23
Aug 06
Aug 20
Sep 03
Sep 17
Oct 08
Oct 22
Nov 05
Nov 19
Dec 03
Dec 17
4
CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of April 9, 2008
4
5
6
7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, April 9, 2008. The meeting was held
1
9 in the City Council Chambers and began with the Salute to the Flag.
10
ROLL CALL
11
12
13 Present: Chairperson Deaton, Commissioners Bello, DeLay, and Roberts.
14
15 Also
16 Present: Department of Development Services
17 Lee Whittenberg, Director of Development Services
18 Jerry Olivera, Senior Planner
19 Steve Flower, Assistant City Attorney
20
21 Absent: Commissioner Massa-Lavitt
22
23 Mr. Whittenberg reported that Commissioner Massa-Lavitt had called to indicate that
24 she would be late in arriving at tonight’s meeting, as she will be attending an event for
25 her granddaughter.
26
AGENDA APPROVAL
27
28
29 Mr. Whittenberg noted that Item No. 5, Variance 08-1 for the Seal Beach Center, was
30 noticed for a public hearing this evening; however, Staff did not receive the information
31 requested from Regency Centers, so this item is to be continued to the next scheduled
32 meeting of April 23, 2008. He added that public comments on this item would be taken
33 tonight from those members of the public wishing to speak, or they may hold their
rd
34 comments until the meeting of April 23.
35
36 MOTION by Roberts; SECOND by Bello to approve the Agenda as presented.
37
MOTION CARRIED: 4 – 0 – 1
38
AYES: Deaton, Bello, DeLay, and Roberts
39
NOES: None
40
ABSENT: Massa-Lavitt
41
42
43
44
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These Minutes were transcribed from audiotape of the meeting.
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ORAL COMMUNICATIONS
1
2
3 Chairperson Deaton opened oral communications.
4
5 Seth Eaker, Seal Beach Chamber of Commerce, noted that the Grand Opening for
6 Vons Pavilions will be taking place during the weekend of the Car Show and he wished
7 to alert everyone that the entrance to Main Street is to be closed and there will be more
8 traffic. He encouraged everyone to be extra careful and courteous on that day. He
9 invited everyone to attend the 2008 Car Show on Saturday April 26, 2008. Mr. Eaker
10 then alerted the public regarding the new Seal Beach Chamber Directory to be made
11 available the week of the Car Show. He ended by noting that the official name for the
12 Chamber is Seal Beach Chamber of Commerce.
13
14 There being no one else wishing to speak, Chairperson Deaton closed oral
15 communications.
16
CONSENT CALENDAR
17
18
19 1. Approve Planning Commission Meeting Minutes of March 5, 2008.
20
21 2. Approve Planning Commission Meeting Minutes of March 19, 2008.
22
23 3. Minor Plan Review 08-6
24 1728 Harbor Way
25
26 Applicant/Owner: Greg and Denise Danner
27
28 Request: To construct a new freestanding barbecue and counter
29 structure within the required side yard setback area; and a
30 pool slide and rock grotto in conjunction with a new pool and
31 spa within the required rear and side yard setback areas.
32
33 Recommendation: Approval, subject to conditions, and adoption of Resolution
34 08-11.
35
36 MOTION by Bello; SECOND by Roberts to approve the Consent Calendar as
37 presented.
38
MOTION CARRIED: 4 – 0 – 1
39
AYES: Deaton, Bello, DeLay, and Roberts
40
NOES: None
41
ABSENT: Massa-Lavitt
42
43
44 Mr. Flower advised that the adoption of Resolution No. 08-11 begins a 10-day calendar
45 appeal period to the City Council. The Commission action tonight is final and the
46 appeal period begins tomorrow morning.
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SCHEDULED MATTERS
1
2
3 4. Approve Planning Commission Meeting Minutes of March 26, 2008.
4
5 Commissioner Roberts abstained from voting on this item as he was not present at the
6 meeting of March 26, 2008.
7
8 MOTION by Bello; SECOND by DeLay to approve the Planning Commission Meeting
9 Minutes of March 26, 2008.
10
MOTION CARRIED: 3 – 0 – 1 – 1
11
AYES: Deaton, Bello, and DeLay
12
NOES: None
13
ABSENT: Massa-Lavitt
14
ABSTAIN: Roberts
15
16
PUBLIC HEARINGS
17
18
19 5. Variance 08-1
20 901-1101 Pacific Coast Highway (Seal Beach Center)
21 (Continued to April 23, 2008)
22
23 Applicant/Owner: Paul Sheppard/ Regency Centers
24
25 Request: To allow less than Code-required parking/shared parking
26 within an existing shopping center.
27
28 Recommendation: Approval, subject to conditions, and adoption of Resolution
29 08-5.
30
31 Public Hearing
32
33 Chairperson Deaton opened the public hearing.
34
35 Mr. Whittenberg noted that Staff has provided copies of a letter received from Jean and
36 Jon Kinsley, 1220 Marlin Avenue, stating their opposition to Variance 08-1.
37
38 Karen Russell, Marlin Avenue, stated that the new, taller Vons Pavilions structure now
39 prevents her from viewing the sunset from her home, as before. She explained that
40 there have been problems with the transients that use the recycling center at its current
41 location and noted that she serves on the Board for the Los Alamitos Unified School
42 District and they have had to relocate the school bus stop on Bolsa Avenue, as these
43 transients had been harassing the children waiting for the school bus. She expressed
44 her appreciation to the Seal Beach Police Department for its assistance in addressing
45 this problem. She stated that regardless of having received complaints from residents,
46 noise has been a continuing problem with construction beginning prior to 7:00 a.m. and
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1 constant jack hammering going on. She said she does appreciate the enclosed loading
2 dock along Pacific Coast Highway (PCH), but cautioned that having the Wachovia Bank
3 ATM right next to the loading dock area might create a hazardous situation. Ms.
4 Russell then stated that if parking is limited, people are going to begin to park in the
5 surrounding neighborhood. She noted that there are already problems with drivers
6 speeding and ignoring the stop signs along Marlin Avenue and Bolsa Avenue, and if
7 cars are parked on these streets, it creates a greater likelihood that accidents will occur.
8 She recommended denial of Variance 08-1.
9
10 Mr. Whittenberg noted for the record that Commissioner Massa-Lavitt arrived for the
11 meeting at 7:43 p.m.
12
13 Geraldine West, Electric Avenue, stated that she believes Variance 08-1 does not meet
14 the requirements for granting of a Variance. She said that parking was inadequate prior
15 to the remodel, and she is certain it will be more difficult afterwards. Ms. West then
16 noted that, aesthetically, the fueling station would detract from the center.
17
18 Jill Fulton, Marlin Avenue, noted that the original plans show the recycling center at the
19 front of Pavilions along PCH. She asked if it is to be moved from the rear of the parking
20 lot. Mr. Whittenberg stated as yet Staff has no definite time for this, but Regency
21 Centers will be submitting a new plan stating how soon the center is to be relocated.
22 Ms. Fulton stated that not only is the recycling center very noisy, but also attracts a very
23 different population.
24
25 Twila Mandella, Crystal Cove Way, asked how many parking spaces are required by
26 Code and how many actually exist. She added that the lines for the parking stalls have
27 already been painted and the grand opening for Vons Pavilions will be taking place on
28 the same weekend as the Car Show, which will create traffic and parking problems.
29
30 Lou Salmos, Marble Cove Way, spoke in opposition to Variance 08-1 and noted that
31 many people visiting the beach will park within the shopping center, which adds to the
32 shortage of parking spaces.
33
34 Ed Miller, Balboa Avenue, stated that displaced shoppers and employees of the center
35 are already parking along the street in front of homes for up to 8 hours at a time. He
36 noted that this started with the construction workers parking parking along the street.
37 He stated that an alternate plan for accommodating employee parking must be
38 encouraged in order to prevent this.
39
40 Joe Klein, Marlin Avenue, referred to the agreement to allow Vons up to one year to
41 begin construction of the fueling station, and asked if it would cause the City to “break
42 its parking rules.” He stated that the agreement should be contingent upon adhering to
43 the parking standards as they existed at the time the agreement was signed, or making
44 the granting of the Variance contingent upon the fueling station not being constructed.
45 Chairperson Deaton asked the City Attorney to respond to this. Mr. Flower clarified that
46 there is no agreement between he City of Seal Beach and Regency Centers regarding a
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1 fuel station. He explained that there was a prior approval for the property that permitted
2 a fuel station under a Conditional Use Permit (CUP) approval, but that approval expired
3 one year after the issuance of the demolition permit, so if Vons wishes to build a fuel
4 center, they would have to apply for another CUP. Commissioner Roberts noted that
5 Regency had presented their application with a set of facts that turned out to not be the
6 case, and Regency used these facts as part of the deliberations to approve the center,
7 which included the gas station. Mr. Flower noted that the calculation error occurred
8 after the approval of this project. Mr. Whittenberg explained that when the project was
9 initially approved, parking was based upon a certain number of square feet for the total
10 retail shopping center development, with no applications for any uses submitted at that
11 time. He stated that when Regency began leasing retail space to beauty salons, this
12 created a greater need for parking, as these uses have different parking standards. He
13 reiterated that the fueling station will not be offered as an alternative to the City and this
14 information has been transmitted to Vons. Chairperson Deaton asked if there were no
15 hair or nail salons in the center, would Regency require a parking Variance. Mr.
16 Whittenberg stated that they would not require this. Chairperson Deaton asked if they
17 would need a Variance if they allowed another restaurant in the center. Mr. Whittenberg
18 stated that he would have to research this. Chairperson Deaton asked if the center
19 currently has a shared parking agreement. Mr. Whittenberg stated that they did not.
20 Chairperson Deaton asked if the center would still require a Variance if they did have a
21 shared parking agreement. Mr. Whittenberg stated that they would. Commissioner
22 Bello asked if the center were currently at the maximum for restaurants. Mr.
23 Whittenberg stated that he believes they are. He stated that Staff would provide
24 responses to these questions in their Staff Report for the April 23, 2008 meeting. He
25 again emphasized that there is no right for a fueling station to be developed on this
26 property without making application to the Planning Commission (PC).
27
28 There being no one else wishing to speak, Chairperson Deaton continued the public
29 hearing to April 23, 2008.
30
31 6. Conditional Use Permit 08-3
32 302 Main Street (Vino Voyage)
33
34 Applicant/Owner: Randy Maddix / Henryk Warno
35
36 Request: To modify the existing Conditional Use Permit and change
37 the existing ABC license from a Type 02 Winegrower
38 (Winery) to a Type 42 On-Sale Beer and Wine – Public
39 Premises.
40
:
41 RecommendationApproval, subject to conditions, and adoption of Resolution
42 08-9.
43
44
45
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1 Staff Report
2
3 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
4 He provided some background information on this item and noted that the
Department.)
5 applicant was last before the Planning Commission (PC) in 2007, at which time they
6 were granted an Indefinite Extension of Conditional Use Permit (CUP) 06-2, originally
7 establishing the business. He explained that at that time the business had private wine
8 tastings, wine sales, and the making and blending of custom wines, which required the
9 Type 02 Alcohol Beverage Control (ABC wine grower’s license). This license also
10 allowed for the sale of wine and wine tasting. He indicated that since that time Vino
11 Voyage has stopped offering the making of wines on the premises, and when ABC
12 became aware of this change, they required the business to change their license from a
13 Type 02 to a Type 42, which is an on-sale beer and wine license. He noted that Staff
14 had some concerns with this change, as with the Type 42 license if at some point Vino
15 Voyage were to cease operation, a valid CUP for beer and wine would remain with the
16 property, allowing a subsequent business to utilize this CUP. He said that Staff
17 conferred with the applicant and hope to condition the CUP in such a way that any
18 subsequent business would be limited to operating in the same manner as Vino
19 Voyage, with no beer sales permitted. He noted that currently the sale of beer only
20 occurs during the private wine tastings and Staff contemplates conditioning the approval
21 to continue to allow this, while also restricting the sale of beer to customers during
22 normal business hours, or the sale of draft beer, as well as beer sales being restricted
23 to a maximum of 10 percent of total alcohol sales. He noted that ABC does permit the
24 City to create additional restrictions, aside from any conditions ABC may impose. Mr.
25 Olivera then indicated that Lt. Tim Olson of the Seal Beach Police Department reports
26 that they have no concerns with the approval of CUP 08-3.
27
28 Commissioner Questions
29
30 None.
31
32 Public Hearing
33
34 Chairperson Deaton opened the public hearing.
35
th
36 Randy Maddix, 17 Street, explained that he recently became a silent partner with the
37 original business owners, Lynn Siemsen and Wayne Farris, and after reviewing the
38 business plan and listening to customers, he found that they were requesting higher end
39 wines, without the “make your own wine” environment. He stated that last summer Mr.
40 Farris passed away and the business has now moved away from the franchise and are
41 no longer making wine. He said that in October 2007 he had contacted ABC to advise
42 them of this and they indicated that regardless of the source, Vino Voyage could sell
43 wine from other distributors. He then stated that Ms. Siemsen subsequently left the
44 business and he became the sole owner in December 2007. He continued by
45 explaining that when having his name transferred to the ABC license he was informed
46 that he would require a Type 42 license to sell higher end wines from different
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1 distributors. Chairperson Deaton asked what would make Vino Voyage different from “a
2 happy hour bar.” Mr. Maddix explained that the atmosphere will be “high end” offering
3 more upscale wines with finger food appetizers. Chairperson Deaton stated that she
4 finds the closing hour of 7:00 p.m. odd. Mr. Maddix stated that he may eventually
5 propose a change in the hours, but these are the hours allowed under the original
6 approval and he will abide by them. He noted that the introduction of finger foods and
7 appetizers will help business. He said that he hopes to have more of a 12:00 noon to
8 7:00 p.m. type crowd. Commissioner Roberts asked if Mr. Maddix were willing to
9 accept the business hours restricting the sale of beer during the private tastings from
10 7:00 p.m. to 9:00 p.m. Mr. Maddix stated that beer is really not a big part of what he
11 wishes to achieve, and he is willing to accept these conditions. Commissioner Bello
12 asked if Vino Voyage is successful in getting groups for the private wine tastings. Mr.
13 Maddix stated that they do get corporate and small business groups with anywhere from
14 12 to 13 people.
15
16 Chris Bartlow stated that Mr. Maddix has hired him to be the General Manager of Vino
17 Voyage. He stated that the primary objective for this business is to offer a place for
18 friends to gather, relax, and celebrate life. He said that done right, Vino Voyage can be
19 a valuable asset to the community and they are willing to adhere to all of the conditions
20 of approval and believe that they can have a successful business under the current
21 hours of operation. He stated that once the business has shown it can succeed, they
22 would like to extend the hours of operation. Chairperson Deaton asked how many
23 seats are planned. Mr. Bartlow stated that the configuration is not yet complete, but
24 approximately 30 seats. Chairperson Deaton asked how the interior would look. Mr.
25 Bartlow explained that they plan for dark woods furnishings, surf inspired art, and subtle
26 lighting. Chairperson Deaton asked if couches would be used. Mr. Bartlow stated that
27 currently there are couches, but these would not be used in the main area. Chairperson
28 Deaton asked about the sale of food. Mr. Bartlow stated that they would serve only
29 cheese, finger foods, and chocolates. Commissioner Roberts asked how the City would
30 differentiate between the 7:00 p.m. closing time and the 9:00 p.m. closing time 3 nights
31 a week when the private parties are conducted. Mr. Bartlow stated that he will need to
32 be creative in utilizing this time. He spoke of doing some “educational” things to teach
33 about wine, chocolate, and cheese. Commissioner Roberts asked if Mr. Bartlow would
34 be willing to excuse his walk-in customers by 7:00 p.m. each night. Mr. Bartlow stated
35 that he would do so in compliance with the CUP, with the hope that in the future, should
36 they determine the demand calls for this, they may apply to extend the hours.
37
38 Geraldine West stated that alcohol licenses are over concentrated on Main Street. She
39 said that she does not believe this business will succeed and the business will
40 eventually “morph into another bar on Main Street.” She recommended denial of
41 Conditional Use Permit (CUP) 08-3.
42
43 Seth Eaker noted that although he understands the concerns with over concentration of
44 alcohol licenses, he believes this is a different type of business. He stated that his
45 family owns a vineyard, and this attracts a different type of clientele. He said that it is
46 important to attempt to create different atmospheres for different people, and he finds it
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1 refreshing to hear about a more upscale business on Main Street. He recommended
2 approval of CUP 08-3.
3
th
4 David Rosenman, 8 Street, spoke in opposition of CUP 08-3 citing the over
5 concentration of alcohol licenses on Main Street. He recommended denial and leaving
6 the existing CUP approval as is.
7
th
8 Judy Berg, 6 Street, spoke in favor of Vino Voyage stating that it is a safe place for
9 women to go with other female friends, unlike many of the other restaurants in town,
10 where there is more pressure to purchase a meal. She said Vino Voyage offers a very
11 nice atmosphere and she has attended many of the private tastings and found them to
12 be very safe and pleasant, with no heavy drinking taking place. She recommended
13 approval of CUP 08-3.
14
15 Randy Maddix stated that although the original concept for this business did not work
16 well, the proposed concept of bringing in more upscale wines is really what the market
17 was looking for and he believes it will work. Chairperson Deaton asked Mr. Maddix to
18 tell her why this would not be a bar. Mr. Maddix stated that the interior of Vino Voyage
19 is beautifully decorated and is a very upscale, relaxed atmosphere that does not have
20 the feel of a bar. He stated that bringing in the high end, sophisticated wines to this
21 environment is the perfect match along with the finger foods. He said this would be a
22 nice complement to Main Street. Chairperson Deaton asked what the average price of
23 a glass of wine would be. Mr. Maddix stated that the price range is from $8 to $16 per
24 glass, with bottles of wine ranging from $18 to $220. Commissioner Roberts asked if in
25 the business plan beer is a necessity. Mr. Maddix stated that it is not. Commissioner
26 Roberts asked what Mr. Maddix would require to “make it” under the existing hours of
27 operation. Mr. Maddix stated that this type of business does not need to stay open until
28 midnight or later, as this is not what his target market is, and he believes he can make
29 this work. Chairperson Deaton asked if ABC offers a license for wine service only. Mr.
30 Maddix stated that they do not, but he noted that the City can place further restrictions
31 on any ABC license. Mr. Olivera confirmed that ABC does allow cities to further restrict
32 ABC licenses, should they so desire. Commissioner Bello asked how frequently ABC
33 visits the City to monitor businesses providing alcohol service. Mr. Olivera stated that
34 although they don’t have a set schedule, from speaking with business owners on Main
35 Street he found that in the past 6 months ABC has visited quite frequently. Mr.
36 Whittenberg explained that recently the police department obtained a grant from ABC to
37 do concentrated enforcement of ABC and city regulations with all restaurants in Seal
38 Beach.
39
40 There being no one else wishing to speak, Chairperson Deaton closed the public
41 hearing.
42
43 Commissioner Comments
44
45 Commissioner Roberts referred to Attachment 4 of the Staff Report, City Council (CC)
46 minute excerpt December 12, 2005, and asked if Mr. Whittenberg recalled the
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th
1 discussion on the 5 bulleted item. Mr. Whittenberg stated that generally this report
2 went to CC for a proposed restaurant use submitted prior to Vino Voyage’s application.
3 He pointed to the last bulleted item, which shows the Mayor’s request that Staff take a
4 more neutral position in Staff Reports regarding the granting of ABC licenses, and noted
5 that this is why tonight’s Staff Report shows no recommendation from Staff.
6
7 Chairperson Deaton stated that she recalls CC was very concerned that no more ABC
8 licenses be approved on Main Street. She then asked what would occur if an initial
9 CUP were never granted an indefinite extension. Mr. Flower advised that the CUP
10 would then expire. She asked how often the review period for a CUP could be
11 extended. Mr. Flower stated that he was not certain, but at a particular point the court
12 would find a series of review periods as “unreasonable.” He added that the PC always
13 has the authority to return a CUP for review and modification, should there be problems
14 that were not addressed or new impacts created by the use.
15
16 Commissioner Roberts stated that he believes there are enough constraints on this
17 CUP that it does afford protection against a bar use coming in at this location. He said
18 he believes this business provides the diversity that the City is looking for and he would
19 like to see this go forward, but he feels the applicant will have a difficult time extending
20 the hours of operation. He noted that he would prefer to see beer service removed and
21 Chairperson Deaton agreed.
22
23 Commissioner Bello expressed her concern with the over concentration of bars on Main
24 Street and she has a problem with the upscale wine bar, because if she visited this
25 business and had wine and appetizers, she would still feel like she was in a bar.
26
27 Chairperson Deaton referred to Condition No. 22 of Draft Resolution 08-9 and
28 suggested that it read “The term of this permit shall be 12-months, with a 6-month
29 review,” and at the end of one year the applicant could apply for an indefinite extension.
30 She noted that this would allow time to determine whether this business is to succeed.
31 Mr. Flower stated that he sees no problem with this. Mr. Whittenberg stated that
32 whenever an applicant must return for a review he is required to pay the $750 fee to
33 cover costs for mailing notices, publishing in the newspaper, and preparing Staff
34 Reports, and under the new Zoning Code (ZC) these fees will increase to $1,000 to
35 accommodate the extended noticing radius. Chairperson Deaton recommended having
36 a Staff Review at 6 months. Mr. Whittenberg stated that this could be done.
37
38 Commissioner Roberts asked that Condition Nos. 4, 5, 6, and 7 be eliminated.
39 Chairperson Deaton agreed.
40
41 Commissioner Massa-Lavitt stated that as conditioned, the service of beer is so limited
42 that it should not affect any future use of this CUP. Commissioner Roberts agreed, but
43 stated that eliminating Conditions 4, 5, 6, and 7 would further ensure this, as well as
44 adding a condition prohibiting service of beer on this site.
45
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1 MOTION by Roberts; SECOND by Massa-Lavitt to approve the Conditional Use Permit
2 08-2, subject to conditions, and adopt Resolution 08-9 as amended as follows:
3
4 1. Eliminate Conditions 4, 5, 6, and 7.
5 2. Create a new condition prohibiting the on-site sale or consumption of beer.
6 3. Modify Condition 22 to indicate the term of this permit shall be 12 months.
7 4. Impose a 6-Month Staff Review evaluation of any complaints received.
8
MOTION CARRIED: 5 – 0
9
AYES: Deaton, Bello, DeLay, Massa-Lavitt, and Roberts
10
NOES: None
11
ABSENT: None
12
13
14 Mr. Whittenberg advised that Staff would return at the next meeting with modified
15 Resolution 08-9. He noted that there would be no public hearing to receive comments.
16
17 Chairperson Deaton emphasized that the purpose of this is to prevent having another
18 bar on Main Street and having early closing hours.
19
20 7. Conditional Use Permit 06-1 ( Indefinite Extension)
21 3005 Old Ranch Parkway (Spaghettini Grill)
22
23 Applicant/Owner: Carey Hardwick / Bixby Land Company
24
25 Request: Indefinite Extension of the existing Conditional Use Permit
26 06-1 for the remodel of the outdoor patio area, exterior
27 modifications to the existing restaurant, and the addition of
28 639 square feet to the existing restaurant, including a new
29 stage area.
30
31 Recommendation: Approval, subject to conditions, and adoption of Resolution
32 08-10.
33
34 Staff Report
35
36 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
37 He provided some background information on this item and noted that
Department.)
38 Staff has received no complaints related to the new remodel and expansion, and in
39 speaking with Lt. Tim Olson, he has reviewed the project and states that there have
40 been no unusual calls for service by the police department. He ended by stating that
41 Staff is recommending approval of the Indefinite Extension of Conditional Use Permit
42 06-1, subject to conditions.
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City of Seal Beach Planning Commission
Meeting Minutes of April 9, 2008
1 Commissioner Questions
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3 Chairperson Deaton asked about the April 2005 application and the April 2008 return for
4 the 12-month review. Mr. Olivera stated that the review period begins upon the
5 completion of the construction process.
6
7 Commissioner Roberts asked if Staff had received any correspondence commenting on
8 this item. Mr. Olivera stated that he had received a telephone call from a gentleman
9 who stated he lives in Rossmoor behind the sound wall at the Spaghettini location and
10 he asked if he were not present at tonight’s meeting, would he have the ability to lodge
11 a complaint, should it prove necessary. Mr. Olivera advised him that he had the option
12 of doing so at any time, should noise become an issue. Commissioner Roberts asked if
13 there had been any complaints related to parking. Mr. Olivera stated that he is not
14 aware of any complaints, and noted that they do have valet service on the weekends.
15
16 Public Hearing
17
18 Chairperson Deaton opened the public hearing.
19
20 Cary Hardwick, co-owner of Spaghettini Grill, stated that business is doing well and he
21 believes the enclosed patio has helped to contain any noise.
22
23 Randy Goddard, Yellowtail Drive, stated that his only concern is with noise and he
24 asked that additional language be added to require that exterior doors and windows
25 remain closed during the entertainment at both restaurants. He commended Mr.
26 Olivera who has been very responsive to Mr. Goddard’s concerns.
27
28 Seth Eaker spoke in support of the Spaghettini Grill and recommended approval of the
29 indefinite extension of CUP 06-1.
30
31 Mr. Hardwick stated that initially the enclosed patio had no air conditioning, but it now
32 has air conditioning and he will ensure that the doors and windows are kept closed.
33
34 There being no one else wishing to speak, Chairperson Deaton closed the public
35 hearing.
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37 Commissioner Comments
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39 Commissioner Roberts stated that it appears that Mr. Goddard’s concerns have been
40 addressed, and if there continues to be a problem he can contact the City to register a
41 complaint.
42
43 Chairperson Deaton noted the modification to Condition 8 to state that doors and
44 windows are to remain closed at all times.
45
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City of Seal Beach Planning Commission
Meeting Minutes of April 9, 2008
1 MOTION by Roberts; SECOND by Bello to approve the Indefinite Extension of
2 Conditional Use Permit 06-1, subject to conditions, and adopt Resolution 08-10 as
3 amended.
4
MOTION CARRIED: 5 – 0
5
AYES: Deaton, Bello, DeLay, Massa-Lavitt, and Roberts
6
NOES: None
7
ABSENT: None
8
9
10 Mr. Flower advised that the adoption of Resolution No. 08-10 begins a 10-day calendar
11 appeal period to the City Council. The Commission action tonight is final and the
12 appeal period begins tomorrow morning.
13
14 8. Conditional Use Permit 08-4
15 1103 Pacific Coast Highway (Wachovia Bank)
16
17 Applicant/Owner: Callison Architects / Columbia Regency Retail Partners, LLC
18
19 Request: Approval for a 24-hour, walk-up Automated Teller Machine
20 (ATM) in conjunction with a full service bank.
21
22 Recommendation: Approval, subject to conditions, and adoption of Resolution
23 08-12.
24 Staff Report
25
26 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
27 He provided some background information on this item and noted that the
Department.)
28 ATM would be at the Wachovia Bank location next to the new Vons Pavilions. He
29 stated that Staff feels that the project is adequately conditioned to address any potential
30 security concerns and recommends approval, subject to conditions.
31
32 Commissioner Questions
33
34 Commissioner Bello asked about the comment made earlier concerning he ATM being
35 located near the loading dock for the Pavilions Market. Mr. Olivera stated that there
36 may have been security concerns with the loading dock area. He noted that the loading
37 dock does have a roll-up door that would be closed when no truck is present.
38 Commissioner Roberts stated that he got the impression that the speaker’s concern
39 was with pedestrian traffic near the loading dock, which would not be unique to ATM
40 machines. Mr. Olivera noted that the ATM machine is a considerable distance from the
41 loading dock area. Chairperson Deaton inquired about the triangular area of empty
42 space behind the Wachovia location and next to the loading dock. Mr. Olivera stated
43 that he believes this is the area proposed for the location of the recycling containers, but
44 Staff has not yet received a definitive plan for this.
45
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City of Seal Beach Planning Commission
Meeting Minutes of April 9, 2008
1 Public Hearing
2
3 Chairperson Deaton opened the public hearing.
4
5 Matthew Deasy of Callison Architects stated that Staff is correct in explaining the
6 distance of the ATM from the loading dock and noted that the ATM is located right next
7 to the customer entrance, so he anticipates no problems. He explained that state
8 regulations require that all ATMS have a specific amount of security lighting installed
9 and Callison is comfortable with all of the proposed conditions of approval. He noted
10 that although Wachovia does not expect a lot of ATM business between the hours of
11 2:00 a.m. and 6:00 a.m., there are stiff administrative difficulties experienced by banks
12 when they are unable to have 24-hour operation of ATMs.
13
14 David Rosenman observed that CVS is open 24-hours and he understands that Vons
15 Pavilions will also be open 24-hours. Mr. Whittenberg stated that Pavilions was
16 approved for 24-hour operation, but will begin operating with fewer hours. Mr.
17 Rosenman stated that many supermarkets have 24-hour ATMs and wondered whether
18 it would be safer to withdraw cash from inside a super market rather than an outdoor
19 walk-up ATM.
20
21 There being no one else wishing to speak, Chairperson Deaton closed the public
22 hearing.
23
24 Commissioner Comments
25
26 None.
27
28 MOTION by Massa-Lavitt; SECOND by Bello to approve Conditional Use Permit 08-4,
29 subject to conditions, and adopt Resolution 08-12 as presented.
30
MOTION CARRIED: 5 – 0
31
AYES: Deaton, Bello, DeLay, Massa-Lavitt, and Roberts
32
NOES: None
33
ABSENT: None
34
35
36 Mr. Flower advised that the adoption of Resolution No. 08-12 begins a 10-day calendar
37 appeal period to the City Council. The Commission action tonight is final and the
38 appeal period begins tomorrow morning.
39
STAFF CONCERNS
40
41
42 9. Response to Inquiry by Joyce Parque
43
44 Mr. Olivera stated that this item is in response to Joyce Parque’s inquiries regarding a
45 “microwave dish” installed near her home. He indicated that after speaking with Ms.
46 Parque she referred him to the location of the dish at 550 Pacific Coast Highway (PCH).
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City of Seal Beach Planning Commission
Meeting Minutes of April 9, 2008
He said that after visiting the site he found that it was a wireless installation and
explained that a building permit was issued for enclosure of what was previously an
open deck area, and noted that the installation was tastefully done and is minimally
noticeable. Chairperson Deaton noted that she believed Ms. Parque's concerns were
not aesthetic but health concerns. Mr. Flower explained that these types of facilities are
required to meet FCC standards regarding emissions and health effects, and once they
are in compliance, local agencies are not able to regulate installation at all.
MOTION by Roberts; SECOND by Massa-Lavitt to Receive and File Response to
Inquiry by Joyce Parque as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, Delay, Massa-lavitt, and Roberts
None
None
COMMISSION CONCERNS
Chairperson Deaton inquired about the vacant property on the corner of Main Street
and Pacific Coast Highway. Mr. Whittenberg reported that Staff has received no
inquiries or plans for development on this lot.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 9:13 p.m.
Respectfully Submitted,
~~^- ~
Carmen Alvarez, Executive Secre~ry
Planning Department
APPROVAL
The Commission on April 23, 2008, ap,Q!oved the Minutes of the Planning Commission
Meeting of Wednesday, April 9, 2008. ~.
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