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HomeMy WebLinkAboutPC Min 1988-08-17 e CITY OF SEAL BEACH PLANKING COMMISSION MEETING AUGUST 17, 1988 MINUTES The Planning Commission of the City of Seal Beach met in regular session with Chairman Sharp calling the meeting to order at 7:30 p.m. PLEDGE OF AT.T.EGIANCE The Pledge of Allegiance was led by Commissioner Jessner. ROLL CALL Present: Chairman Sharp Commissioners Fife, Jessner, Suggs Excused Absence: Commissioner Rullo Also Present: Ed Knight, Director, Development Services Department Elline Garcia, Administrative Aide, Devel. Services e CONSENT CALENDAR A. MINUTES OF AUGUST 3, 1988 Two corrections were made to the Minutes of August 3rd: (1) page 1, at "Reorganization of Planning Commission" change "Commissioner" to "Chairman" and (2) page 2, Item B - the motion and vote are to be added. It is to read: "Motion by Rullo to approve Plan Review 11-88 as presented; second by Sharp. Motion carried 3 - 0; noe vote cast by Commissioner Jessner". MOTION by Jessner to approved the Planning Commission Minutes of AUCJUst 3, 1988 as presented subject to two corrections; second by Suggs. MOTION CARRIED 3 - 0 ABSTAINING: FIFE e - Page 2 - Planning Commission Minutes of August 17, 1988 PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 9-87 941 PACIFIC COAST HIGHWAY DENNY'S RESTAURANT 14004 RESOLUTION NO. 1511 Elline Garcia presented the Staff Report regarding CUP 9-87. She stated that Planning staff recommends the Planning Commission approve the 1ndef1nite extension of CUP 9-87, with conditions, by the adoption of Resolution 1511. commission Ouestions commissioner Fife asked about the ABC restriction of alcoholic beverage sale in a 24-hour restaurant. Mr. Knight said ABC restricts the sale from 2:00 a.m. to 6:00 a.m. and the City has no right to be more restrictive than ABC. e commissioner Jessner asked Ms. Garcia where the usual approval form from the Police Department was? Ms. Garcia stated she had received a verbal "O.K." on the telephone from the Ch1ef of Police. The signed form is to follow but did not arrive in time for the Planning Comm1ssion packet. Public Hearing Mary Langlois - General Manager of Denny's #4004 Ms. Langlois introduced herself as the General Manager of Denny's Restaurant #4004; she lives in Huntington Beach. She said Denny's #4004 is not actively promoting the sale of alcoholic beverages. They sell alcoholic beverages as a convenience to the dining customers and it's served in the lounge area only - not in the restaurant. The lounge is usually used for banquets and parties and is locked at 1:30 a.m. and "last call" is 1:00 a.m. The lounge is locked until the General Manager gets there in the morning -- approximately 7:00 to 7:30 a.m. It's not heavily used. e Commissioner Fife asked if this was a Denny's-wide policy. Ms. Langlois replied that very few Denny's restaurants have full lounges. Some of them serve alcohol till 2:00 a.m. but #4004 serves to 1:30 a.m. There is no corporate policy; they go along with the needs of the community. MOTION by Suggs, second by Fife, to extend indefinitely, subject to conditions, an on-sale full liquor license in conjunction with an existing restaurant located at 941 Pacific Coast Highway, Denny's Restaurant 14004 by adopting Resolution 1511. MOTION CARRIED 4 - 0 e Page 3 - Planning Commission Minutes of August 17, 1988 B. CONDITIONAL USE PERMIT 7-87 900 OCEAN AVEHUE RUBY'S PIER RESTAURANT RESOLUTION NO. 1512 Elline Garcia presented the Staff Report on CUP 7-87, which is a request to indefinitely extend an on-sale beer and wine license in conjunction with Ruby's restaurant located on the Seal Beach pier (900 Qcean Avenue). Staff recommended the Planning Commission approve the indefinite extension of CUP 7-87, with conditions, by adopting Resolution No. 1512. Ms. Garcia noted these conditions are the same cond1tions as were presented a year ago, with the exception of Condition #6, which deals with the indefinite extension. Commission Questions questions. There were no planning Commission Public Hearin9 - The applicant/representative was not present. No one in the audience spoke for or against CUP 7-87. The Public Hearing was closed. e MOTION by Jessner to approve Conditional Use penDit 7-87 be approved, with conditions, by the adoption of Resolution No. 1512: second by Suggs. MOTION CARRIED 4 - 0 C. VARIANCE 6-88 12345 SEAL BEACH BOULEVARD ROGER DURN GOLF SHOPS, INC. Ed Knight presented the Staff Report on Variance 6-88, which is a request by the applicant, Roger Dunn Golf Shops, Inc., to allow a 162 square foot sign in excess of the allowable 95 square feet. Staff recommended denial of Variance 6-88 based on two facts: (1) the golf shop fronts on West Road, a private street, and would not qualify for additional square footage under the current Code and (2) the sign would adequately advertise the business and its located on West Road. Commission Questions e commissioner F1fe asked Mr. Knight if, pursuant to the applicable ordinance, the square footage of a sign is measured by drawing an imaginary line around its letters: yes. Additionally, how would a new business know such regulations? Mr. Knight said they would probably get a sign permit or hire a sign contractor. Commissioner Fife asked Mr. Knight further if the golf shop owner had been wilful in putting this sign up? Mr. Knight replied that the golf shop had not gone through the necessary two levels of e Page 4 - Planning Commission Minutes of August 17, 1988 approval - from the Center itself and from the City. They placed the s1gn up without notifying the City. ultimately it's not the sign contractor's responsibility, the liability/responsibility eventually falls on the tenant/property owner. The sign measurement calculation is 1 square foot for each linear foot of store frontage up to 100 square feet is the limitation. Public Hearing Dorothy Philip - Manager of the Rossmoor Center Ms. Philip said she realized the Roger Dunn Golf Shop put up the sign without a permit: she was not there when it was done or she could have enlightened them. That building is 180 feet across the West side: the rest of it will be occupied by a theater and she doesn't believe the theater is going to require signage on that side. They'll need front identification. She asked if the Planning commission would let the golf shop get established and wai t unti 1 the theater comes 1n. At that time their sign is going on the West side and it is in excess of the allowable square footage then ask the golf shop to change their sign. She said there have been no objections to the sign itself: it's not lit. e Chairman Sharp stated that whether or not the theater puts a sign up has nothing to do with the golf shop sign because the golf shop is not leasing that portion of the bU1lding. commissioner Jessner presented background of the ordinance applicable to this case. The ordinance itself dates back about ten years or more, at which time there were many sign problems within the City. The City Council directed the Planning Department to work up an equitable sign program. The Planning commission did so and it was approved by the City Council and the Planning commission at that time. At that time, the offending existing signs were given a period of five (5) years to replace the offending signage with complying signage. The Planning Commission went to considerable time and expense sending letters to all businesses. Mr. Jessner reviewed the three (3) findings necessary for a variance to be approved. He restated the fact that the Planning commission is governed by State and City of Seal Beach laws regarding variances. Chairman Sharp asked Ms. Philip if Rossmoor Center has a sign program that includes size, colors et cetera: yes. Steve Dunn - Roger Dunn Golf Shops e Steve Dunn introduced himself as the President of Roger Dunn Golf Shops. He said he saw two solutions to this sign problem: (1) tear the yellow lettering off reading "Wholesale To The e Page 5 - Planning commission Minutes of August 17, 1988 Public" ; (2) recheck the measurement and restack the letters. He stated that this shop does not carry a first-rate line of merchandize, that it was set up as a liquidation center of shoes and ladies clothing. He said he felt removal of part of the signage would affect the marketing of his business. Commissioner Fife asked if the Planning Commission could grant a limi ted use for this s.lgn? Mr. Knight replied that illegal signing commissioner Jessner asked .lS there any way to alleviate the golf shop sign because the theater might not need signage on the West wall? Mr. Knight replied no because the ~ doesn't provide us with that type of solution. The ~ specifically calls out each commercial activ.lty may have sign and identifying the activity on the premises. What you'd have is the theater giving its sign to Roger Dunn Golf Shop and it would not be allowed a sign at that location until Mr. Dunn made his conforming to the Code. The ~ talks about each and every commercial acti vi ty and doesn't really provide for the availability to have one business gi ve its sign away to another business so that sign could be larger than the ~ allows. We have to look at each business separately. e Mr. Jessner asked what about leasing the wall area. Mr. Knight said the ~ provides for 1 square foot per linear foot up to 100 square feet --- this sign is 160 square feet --- so it's 60 square feet in excess. If they leased the frontage of the building they could get additional linear frontage and that would be applicable to the sign. But the limitation of the ~ goes up to 100 square feet. If "Wholesale To The Public" were removed from the sign there wouldn't be any need for this variance. Commissioner Fife asked if the Planning Commission could grant a period of limited use for the sign? Mr. Knight said under the ~ illegal signing has to be removed within sixty (60) days. So if they weren't granted the variance they would have 60 days from adoption of the ordinance -- which would be three weeks from now -- Nov. 1st. Mr. Dunn said he would comply either way. No one in the audience spoke for or against this matter and the Public Hearing was closed. e Comm.lssioner Suggs requested modification of Mr. Jessner's motion to say "a sign not in excess of 95 square feet". Mr. Jessner said that modification would not be necessary because if the sign is reduced a variance would not be needed. e e e Page 6 - Planning Commission Minutes of August 17, 1988 MOTION by Jessner that Variance 6-88 be denied because the mandatory findings cannot be made; second by Sharp. MOTION CARRIED 3 - 1 NOE VOTE BY FIFE SCHEDULED MATTERS There were no scheduled matters. ORAL COMMmHCATIONS FROM THE AUDIENCE There were none. STAFF CONCERNS Mr. Knight stated that Joe Rullo talked to him and asked for an excused absence for this meeting. He will be present for our first meeting in September when we wl.II be having the Hellman Specific Plan and Vesting Tentative Tract Map for a Public Hearl.ng. COMMISSION CONCERNS Mr. Sharp welcomed Mr. Fife Mr. Knight to supply Mr. actions done a year ago on get up to date. to the Planning Commission. He asked Fife with the Planning commission the Hellman property so Mr. Fife can ADJOtJRNMENT Chairman Sharp adjourned the meeting at 8:40 p.m. Respectfully Submitted, Qoa-~~-- Joan Fl.llmann Secretary THESE MINUTES ARE TENTATIVE AND ARE SUBJECT TO THE APPROVAL OF THE PLANNING COMMISSION. * * * The Planning commission Minutes of August 17, 1988 meeting were approved by the Planning Commission on September 7, 1988. rt_