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HomeMy WebLinkAboutPC Min 1971-01-06 . . . e e MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 6, 1971 The Planning Commission of the City of Seal Beach met in regular session on Wednesday, January 6, 1971, in the Council Chambers at the City Administration Building. The meeting was opened at 7:35 P.M. by Chairman Knapp and Vice Chairman Ripperdan led the Salute to the Flag. Present: Absent: Dorr, Knapp, Lanning, O'Toole, Ripperdan None The minutes of the meeting on December 23, 1970 were approved as presented. 1. Public llearing - Seal Beach Center (Peter Trama), UV-1-7l Joe Beard, authorized agent of Peter Trama.who operates the Red Candle Restaurant, made application for a Use Variance to permit on-site liquor sales at the restaurant located at 1017 Pacific Coast Highway (Seal Beach Center). A previous Use Variance had been in effect at this location, but no application for renewal was made and the permit expired as of December 15, 1970. Mr. David DeLoach, attorney, represented Mr. Beard at the hearing, and spoke regarding the problems that had occurred, pointed out a new manager was in charge who had tried to comply with all conditions required by the past Use Variance. lie questioned whether the Planning Commission had the power to discontinue a license. The operator would be willing to comply with any conditions to be able to continue. The City Attorney explained that since the old Use Variance had expired, this app1ication must be considered as an original request and not a renewal. Letters were referred to from the County Health Dept. citing violations and improvements needed to comply with Code and from the City Manager citing violations and revoking the entertainment license. Applicant stated the Health Dept. had now approved the operation, but no substantiating letter was presented. Mrs. Margaret Klein, l2ll,Marlin, stated the applicant had assured the city administration and neighboring residents ~f the quality of food and type of operation he would maintain and did not. She felt strongly that this Center cannot support the type of business he promised. Mrs. Mary Collier, Coastline Dr., concurred with Mrs. Klein and spoke about the deterioration of the operation. Mrs. Martin Wilferd, 1450 Coastline, said she lives opposite the Red Candle and opposed approving on-site liquor. Mr. DeLoach pointed out the owner had a great deal of money in his liquor license and that Mr. Beard, as manager, has demonstrated his desire to cooperate. Mrs. Klein asked what sincerity had been shown by violation of liquor sales after the use variance expired. Mrs. Lanning asked for Resolution No. 382 to be read listing conditions. In the continuing diSCUSSion, it was noted that all conditions had been violated and no cooperation was shown. Mrs. Dorr, 231 6th St., stated the food was excellent when first oRe~ed and then quality deteriorated. Mr. Trama was present and stated he did/r~!e for renewal because he was in the East due to family illness. Harold Walker, a Red Candle employee, stated the place had been changed and good food was being served. Charles Lusty, owner of a beauty shop on Main St., said residents on the Hill knew the area had been set aside for a shopping center when they bought and this is a common use. He also stated that Mr. Beard had made many improvements in t~e atmosphere and food. Mrs. Collier agreed that she did not protest this use ori~inally and when the restaurant was first opened d1d enjoy it, but it lately had become disgraceful and not befitting the community. The Secretary reported on letters and personal visits to the restaurant attempting to get the owner to comply with imposed conditions and the lack of cooperation he received. Mr. Beard explained improvements he had made. Mr. Beard's attorney advised the Commission that they would agree to any conditions the Commission desired and suggested a shorter period of time for the permit and allow his client to demonstrate good faith. Mr. L1ndstrom, 215 14th St., suggested e e . conditions that could be stipulated. Hearing closed. Secretary advised the Commission of the options and procedures. Commission discussed testimony and felt continuous violations cannot be ignored. Mrs. Lanning moved to deny the request for Use Variance. Seconded by Mr. Ripperdan and passed unanimously. Resolution No. 511. The Chairman called for a recess at 9:15 P.M. Meeting reconvened at 9:20 P.M. 2. Public Hearing - Dr. & Mrs. S. Wise (J. Ronald Burns), V-1-7l Dr. and Mrs. Wise, represented by Mr. Burns, requested a variance to permit an addition to-their existing residence that would encroach 2'11" into the rear yard. The property is located at 104 Harvard Lane. Mr. Burns stated this plan was the best arrangement for traffic flow in the residence, and would make better appearance than second story addition. Discussion followed regarding amount of available space for an addition without encroaching. Chairman advised that the applicant must show hardship or denial of privilege. Dr. Wise stated that the family needed more room and the property line was on a slant making it difficult to add to the structure without encroaching. After additional discussion of other possibilities the hearing was closed. Miss Dorr moved to deny the request because no hardship shown and there are available possibilities for an addition without an encroachment. Seconded by Mr. Ripperdan. Passed unanimously. Resolution No. 512. Secretary advised applicant of right of appeal. 3. Oral Communications . Swen Lindstrom, 215 14th St., reserved the right to speak on Agenda Item 7A (David Ward variance, V-23-70). 4. Written Communications General Planning Program was received from the Orange County Planning Dept. Letters from Don Davis and Surfside Colony, Ltd. relating to later agenda items also received. Miss Dorr requested that a letter of thanks for the service to cities be prepared and sent to the Orange County Planning Department. Secretary to so prepare and present to the Commission at the next meeting. 5. Unfinished Business A. David Ward, V-23-70 . Mr. Ward's request for second story encroachment in the rear yard, two sets of tandem parking and one two-car stacking device for parking requirements was considered at a public hearing on December 16, 1970. Mr. Lindstrom spoke about concern of increasing density in the City and overloading public facilities as well as being concerned about setting a precedent. Mrs. Lanning requested information regarding control of flooding. Mr. Gerhart explained. Staff recommended conditions were read. Discussion of legal ramifications. Mr. Leyte and Mrs. Dorr were concerned about 1ncreased density. City Attorney advised that if approved and clearly labeled as a test case with strict conditions no precedent would be established. Mr. Gerhart advised of apartments in Beverly Hills and Pasadena where similar parking devices are installed under less favorable conditions and have proved to be satisfactory. Commission members felt that, if approved, Planning and Building Dept. representatives make regular investigations and report to them. e e . Tom Brady, 1607 Electr1c, expressed concern this test could lead to more units. Mr. Ripperdan and Miss Dorr felt other requirements currently in effect would provide controls. Miss Dorr moved to approve the variance subject to conditions in the staff report and as suggested by the City Attorney. Seconded by Mrs. Lanning. Ayes: Noes: Absent: Abstain: Dorr, Lanning, O'Toole, Ripperdan None None Knapp Motion carried. Resolution No. 513. 6. New Business A. Plan Review - Norman L. Holloway, PR"'l-71 Mr. & Mrs. Holloway presented plaB for an addition over a portion of a front entry garage. All setbacks are maintained and the addition is architecturally compatible. Mr. Ripperdan moved to approve the plans as submitted. Seconded by Mrs. Lanning. Passed unanimously. Resolution No. 514. B. Plan Review - Stephen Krieger, PR-2-7l . Mr. &~~s. Kreiger presented plans for a single family residence in Surfside. A letter was received from the Board of Directors indicating their approval. Plans show the height exceeding the 35 foot limit. Contractor stated the final plans would correct this. Mr. Knapp moved to approve the plans with the stipulation that the height not exceed 35 feet. Seconded by Mrs. Lanning and passed unanimously. Resolution No. 515. 7. Other Business Discussion of bootlegged apartments and converted garages and the problems of enforcement. No further business, the meeting was adjourned at 10:55 P.M. ~~ {2-e'-lbfJ Lois Arnold '-- Recording Secretary .