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HomeMy WebLinkAboutPC Min 1991-07-17 - e . \F:;l. ~ I. II. III. t . --~ CITY OF SEAL BEACH PLANNING COMMISSION AGENDA JULY 17, 1991 PLEDGE OF ALLEGIANCE ROLL CALL CONSENT CALENDAR 1. Approval of June 5, 1991 Minutes 2. Approval of June 19, 1991 Minutes IV. SCHEDULED MATTERS V. 3. Election of Chairman and Vice Chairman 4. Report: In-Lieu Parking Fee Payments 5. Report: Parking at McGaugh SChool/Church 6. Report: Covered Roof Access Study PUBLIC HEARINGS 7. Conditional Use Permit #8-90 412 Marina Drive * Irvine Liquor Applicant: Elias Azar Resolution No. 1639 8. Conditional Use Permit #10-91 209 Main Street * Renaissance Cafe Applicant: Greg Herbert for Anderson's Resolution No. 1640 9. Conditional Use Permit #8-91 16281 Pacific Coast Highway * Noel's Applicant: Salvatore Camelia Resolution No. 1628 10. Height Variation #12-91 127 12th Street Applicant: Kurt Augsburger 11. Development Agreement 1600 Pacific Coast Highway & 336 17 st. Applicant: James R. Watson Resolut1on No. 1641 e e' . Page 2 - Planning Commission Agenda for July 17, 1991 VI. ORAL COMMUNICATIONS - At this t1me members of the public may address the Planning commission regarding any item within the subJect matters of the Commission provided no action may be taken on off-Agenda items unless authorized by law. VII. STAFF CONCERNS 12. Rear Yard Fence Heights and Side Yard Setbacks on the Gold Coast. VIII. COMMISSION CONCERNS IX. ADJOURNMENT -- e e CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF JULY 17, 1991 The regularly scheduled Planning Commission meeting of July 17, 1991 was called to order at 7:30 p.m. in City Council Chambers by Cha1rman F1fe. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner orsini. ROLL CALL Present: Chairman Fife Commissioners Dahlman, Sharp, Orsini, McCurdy Present: Department of Development SerV1ces staff: Lee Whittenberg, Director Barry curtis, Admin1strative Assistant Joan Fillmann, Execut1ve Secretary CONSENT CALENDAR 1. Approval of June 5, 1991 Planning Commission Minutes MOTION by Sharp; SECOND by McCurdy to approve the June 5, 1991 Planning Commission Minutes with a correction at page 23, change "radii" to "radius". MOTION CARRIED: AYES: 5 - 0 - 0 Sharp, McCurdy, Fife, Orsini, Dahlman *** 2. Approval of June 19, 1991 Planning Commission Minutes MOTION by Sharp; SECOND by Orsini to approve the June 19, 1991 Planning commission Minutes with a correction at page 14, add "is available" after the word "structure". MOTION CARRIED: AYES: 5 - 0 - 0 Sharp, Orsini, Mccurdy, Fife, Dahlman SCHEDULED MATTERS 3. Election of Chairman and vice Chairman MOTION by Sharp; SECOND by Orsini to re-elect Phillip Fife as Planning commission Chairman for a one year term. MOTION CARRIED: AYES: ABSTAIN: 4 - 0 - 1 Sharp, orsini, Dahlman, Mccurdy Fife e e - Page 2 - Planning Commisslon Minutes of July 17, 1991 MOTION by Fife to re-elect Howard Mccurdy as Vice Chairman; MOTION FAILS FOR LACK OF SECOND. McCUrdy explained he is Sugg's term which expired on McCUrdy will serve until a filling prior July 1, 1991. replacement is Commissioner commissioner Commissioner appointed. MOTION by Sharp; SECOND by Fife to elect Anton Dahlman as Planning commission vice Chairman for a one year term. MOTION CARRIED: AYES: ABSTAIN: 4 - 0 - 1 Sharp, Fife, McCurdy, Orsini Dahlman *** 4. Staff Report: In-Lieu Parking Fee PaYments staff Report Mr. Whittenberg said Hennessey's Tavern had brought current their in-lieu parking fees which were in arrears $9,200. The City recelved a $5,000 payment on June 21st and a $6,500 payment on June 27th which includes a $2,300 payment for fiscal year 1991-92. The Commission asked what Hennessey's owed ln lnterest? Staff sald the interest amount owed on thelr late payments is an on-going issue for negotiation. commissioner Orsinl estimated it would be about $2000. Staff wlll report back to the Commission as this issue is resolved. Commissloner Orslni asked if Walt's Wharf was off a payment schedule? Staff wlll check Wl th the Finance Department and report back at the next Commission meeting. Commissioner Orsinl sald he understandlng no merchant was allowed to have a payment schedule. Commlssioner Dahlman asked staff who is responslble for ascertaining fees are pald to the City? Mr. Whlttenberg lndicated it was a cross function of the Finance Department and Planning Department. The In-Iieu parking fees are set by the City Council and were initially established in the early 1970's; they have not been revised. MOTION by Orsini; SECOND by Fife to ask the Director of Development Services to request the City Council to direct the Planning Commission on whether the Commission should hold hearings regarding revision of the in-lieu parking fees. This issue W1.ll be placed on the July 22, 1991 City Council Agenda for Council discussion. MOTION CARRIED: AYES: 5 - 0 - 0 Orsini, Fife, Sharp, McCUrdy, Dahlman *** - Page 3 - Plannlng Commlssion Minutes of July 17, 1991 5. Staff Report: Parking at McGaugh School by Calvary Chapel of Seal Beach. Commlssloner McCurdy requested time to make a statement prior to the staff report being presented. He objected to any city attempt to tell the public they may not park on a public street for six hours during the week whlle church was in seSSlon at McGaugh School. Indicatlng the Hill is a residential area, and each house has a two-car garage with a driveway, he felt this should suffice for resldential parklng. Staff Report Mr. curtis presented the staff report. [Staff report on file in the Planning Department]. The Planning Commisslon, at it' s September 19, 1991 meeting, directed staff to research the use of McGaugh Elementary School as a weekly meeting place for Calvary Chapel of Seal Beach. The Commisslon wanted to know if the church had recelved proper City permits to conduct its services on the site. Staff indicated section 28-2002 of the City's municipal Code is open to interpretation. e commission Comments Commissioner Sharp said McGaugh Elementary School is centrally located and is used for many activitles besides church and school. Requiring special parklng permlts on publlC streets would cause many problems. commissioner Orslni said he had heard the Seal Beach Police Department is ticketing cars at McGaugh School, seeming only during the church serVlces and not during other events. He wondered how tickets could be issued on prlvate property? Chalrman Flfe lndicated the prl vate property owner must give the police the authority to come onto their property to ticket, the police don't have the inherent right to go onto the property. Staff said it is unfamlliar wlth thlS subJect and will have to request lnformation from the Police Department on their current enforcement policies and report back to the Commlssion. . The Commlssion discussed whether the church was/was not required to obtain City approval to operate on school property. Mr. curtis explained the City Attorney's Office had reviewed this question, the result being an unclear decision. Depending on the opinion of the City, the answer could swing one way or another. Staff researched City files and could not find any clear granting of approval by the City Councll for utilizatlon of the school facllity for a non-school use. The school site is owned by the Los Alamltos School District and there is a lease arrangement with Calvary Chapel to use the McGaugh School slte and the school site lS in the Public Land Use (PLU) zone. The Commission and staff discussed the Education Code, the City's municipal Code and which prevails. The Commisslon discussed the church as a permittable use which appears to have outgrown thlS facility. e e . Page 4 - Planning Commission Minutes of July 17, 1991 MOTION by Sharp; SECOND by Orsini to open a Public Hearing on the issue of using McGaugh School by Cal vary Chapel church and the impacts on neighborhood parking. MOTION CARRIED: AYES: 5 - 0 - 0 Sharp, Orsini, Fife, McCUrdy, Dahlman Public Hearing Galen Ambrose * Seal Beach - Said he was concerned only with the parking and traffic problems generated by a business use (Calvary Chapel) on the residential streets near his home. When he purchased his home he knew McGaugh School was there and was operating Monday through Fr1daYi he d1d not know schools leased their facilities for other activities. He said he has a 1\ car garage and two cars. He does not park either of his cars in his garage, but his van will not fit in any event. He stated he 1S a prisoner in his home on Sunday morn1ngs because he can't find a parking space when he returns. He asked the Commisslon to enforce the zon1ng laws, protecting his property rights and access to h1S house. He suggested park1ng signs and parking stickers would alleviate the impacted parklng. Charles Antos * 328 17th Street - Said the Education Code is different than the Government Code and other State codes because it sets forth what 1S permitted for a school district to do and what they must do. Because the Education Code says something is a permitted use does not mean 1t'S compatible zon1ng with a neighborhood. McGaugh School was established before there was a PLU zone but there has been no City Council action on ancillary uses. There is a clear 1mpact on the neighborhood by the Calvary Chapel's use of the school and the Planning Commlssion can't escape the issue of land use compatibil1 ty. He supported staff's position as outl1ned in the staff report. commissioner Orsini ment10ned many City churches that have members who park on the neighbor1ng streets. Mr. Antos said most of the City's churches have come before the Planning Commission and received Conditional Use Permits (CUP) Wh1Ch have address parking issues. Churches are not allowed by r1ght 1n any zone and they require CUPs. There is no church zone in the City. There has been no City action on Calvary Chapel's leasing the McGaugh School slte --- it sort of appeared one day. The zone that it's in requires the city Council to approve all uses and make f1ndings of compatibility and condition those uses if necessary to ensure compat1bilitYi 1t wasn't done. Chairman Fife asked Mr. Antos about h1S writing of munic1pal Code section 28-2002, asking if there was a definition of "publ1C use" and was a church use 1n the PLU zone specif1cally discussed when the section was written? Mr. Antos replied no, that a church use e e e Page 5 - Planning Commission Minutes of July 17, 1991 in the PLU zone was not specifically discussed. Direct public uses were discussed, such as Federal, State, County, City, Special District uses. Public parks, libraries, museums and school propert1es were considered to fall into the PLU zone and then the "catchalls" dealt W1 th other uses, leases and other sorts of contractual obligations between someone and the City, like the p1er lease. commissioner Fife said that if a church is not a pUblic use, a business or a concession then section 28-2002 says you can't run a church at all in the PLU zone. Mr. Antos said unless the Planning Commission so interprets it and the City Council upholds that interpretation. Mr. Antos sa1d a church is not a public use, it's a non-profit, tax exempt use. He d1d not th1nk about churches as a permitted use long-term in the PLU zone when he wrote section 28- 2002; he was thinking strictly about public, governmental uses. Rodney King * 1520 Crestv1ew - Said he has lived in Seal Beach 24 years and he is opposed to any parking restrict10ns on the Hill. He felt the staff report showed a superficial investigation and poorly thought out remedies which are largely unworkable. He said he has walked the area both when the church was 1n session and when it was not. There is parking congestion at all times, but more so when the church is in session. He urged local residents to use their garages for parking cars instead of storage to alleviate street congestion. He listed many problems cities have, but sa1d Seal Beach's problem is having too many people wanting to go to church at the same time. Bill Bennett * 311 Ocean - Said he has attended Calvary Chapel at McGaugh School for 11 years. He used to live on Catal1na Avenue. He said Calvary Chapel 1S a responsible body within the city and would work on any problems presented to it and the Planning Commission should not have to tackle this issue. He felt Rockwell would not allow the church parking with bus pickups because of their liab1lity and the busses would cause problems in the neighborhood. The church 1S in session 8: 00 - 12: 00 Sunday morning and 7:00 - 9:00 Wednesday night which he felt was a mild impact. Mr. Bennett said this is not a CUP process, as was suggested by Mr. Antos, because all churches coming in for CUP's are private fac1li ties. This 1S a public fac1li ty as set forth in the Government Code and Education Code where school facilities are specifically authorized to rent out space to churches for public purposes. They can lease to the church but they are required to glve public notices, bid 1t out etc. Once it's rented for a publ1C purpose that's all that's required, it comes within the zoning and doesn't require a CUP. You can't impose requirements as you would on a CUP. Park1ng requ1rements cannot be imposed against the church alone, that would be discr1minatory. McGaugh School is used every evening of the week and these uses do not requ1re CUP's because they are public purposes on a public facility. If you're gOlng to solve a parking problem you have to tackle it on a fa1r . . e Page 6 - Planning Commission Minutes of July 17, 1991 and uniform basis across the City, meet all the due process requlrements, etc. Private use of curb parking can't be done unless the Planning Commission decides there will be no public parklng on those streets for any use. Betty Pullman * 708 Seabreeze - Said she has been a City resident for 31 years and goes to church ln Belmont Shore. She has no problem with Calvary Chapel church parking as long as the cars don't cross her driveway. There are other more important issues to dlSCUSS. Dennis Pullman * 708 Seabreeze - Said has attended his church at Colorado and Termino for 45 years. They have no parking at that church but none of the neighbors complain about their parking on the street. victorla Williams Richards * 510 Coastline - Said she attends Calvary Chapel. She felt the Seal Beach police were ticketing only the church. She suggested that Hill residents experiencing problems should notify the Church and they would work together. Galen Ambrose * Seal Beach - Said he is not attacking the church. His concern is about parking on the Hill. He said McGaugh School was designed as a school to be used as a school and when a private bUSlness comes ln an effects his parking on Sundays and on week- nights he has a problem. He doesn't want to plan his activities around when a church is having thelr business meetings. He felt he shouldn't have to suffer because of other peoples acti vi ties. Commissloner Sharp said not using garages causes parking problems on the streets. No one wishing to speak further, Chalrman Flfe closed the Public Hearing. MOTION by Orsini; SECOND by Sharp; AMENDED by Dahlman to receive and file the staff report entitled "Use of McGaugh School Auditorium by Calvary Chapel of Seal Beach" and to receive a status report from staff in six months. MOTION CARRIED: AYES: 5 - 0 - 0 Orsini, Sharp, Dahlman, Fife, McCUrdy *** Chairman Fife called a recess at 9:10 p.m. e e -- Page 7 - Planning CommlSSlon Minutes of July 17, 1991 6. Staff Report: Covered Roof Access Study staff Report Mr. Curtis delivered the staff report. the Plannlng Department]. [staff report on flle ln Commisslon Concerns Commissioner Dahlman clarifled that what is being discussed are covered roof accesses (CRAS) over the height limit. A homeowner can build a CRAS to the height limit. commissioner Dahlman asked Mr. curtis what criteria he used durlng the survey. Mr. Curtis said the CRAS survey was done visually. The size was limited --- for straight run stairways the CRAS measurement is 12' x 5' and for circular stairways is 6.5 square feet. Mr. Whlttenberg said staff did not go through old plans to determine exact sizes of CRAS. commissioner Dahlman said if a resident feels staff has passed on a CRAS that should not have been considered they should contact the Planning Department. Mr. Curtis indicated that the CRAS at 1309 Sandpiper Drive must be added to the list. MOTION by Sharp; SECOND by Dahlman to recommend the Planning Commission hold a single Public Hearing to consider the sixty-three (63) CRAS which failed to meet the new criteria by being located on an exterior wall. MOTION CARRIED: AYES: 5 - 0 - 0 Sharp, Dahlman, Fife, McCUrdy, Dahlman *** Commissioner Dahlman requested Agenda Item #8 be moved ahead of Agenda Item #7. MOTION by Dahlman; SECOND by Fife to move Agenda Item #8, Conditional Use Permit #10-91, ahead of Agenda Item #7, Conditional Use Permit #8-90. MOTION CARRIED: AYES: 5 - 0 - 0 Dahlman, Fife, Sharp, McCUrdy, orsini *** e Page 8 - Plannlng Commlssion Minutes of July 17, 1991 8. Conditional Use Permit 110-91 209 Main street * Renaissance Cafe Resolution No. 1640 staff Report Mr. Curtls delivered the staff report. [Staff report on file ln the Planning Department]. The applicant, Darrel D. Anderson & Assoclates, Inc., lS requestlng ( 1 ) to do a seismic retrofit, facade renovation/remodel, interior remodel; (2) transfer an existing on-sale beer and Wlne license and (3) establish an Entertainment Cafe at 209 Main street. Mr. Curtls lndlcated Chief of Police stearns has reviewed the existlng records for the Green Pepper Restaurant and has no reservations about permitting either the requested on-sale beer and wine license transfer or the entertainment cafe request. staff recommends approval of Conditional Use Permit #10-91 subject to sixteen (16) conditions of approval. Mr. curtis noted Condl tion #10 should be amended to two conditions to show one set of hours for the entertainment cafe and another set of hours for the business itself. Also, Condition #15 should have ''If physically possible" added. - commission Comments Commlssioner McCurdy, referencing Condition #12, said he would like to see specific restrlctlons on the type of entertainment at this cafe. He sald he would llke to see entertalnment limited to a small number of persons but no gauze covered dancers. Chairman Flfe suggested wording could be added to Conditlon #12 WhlCh said "...this permit shall not allow for entertainment descrlbed in the second paragraph of Section 28-231". Commissioner Sharp sald Hennessey's Tavern presents certaln problems wlth doors being open and noise annoying neighbors, plus trash dumping at night which wakes people up. He urged having stringent rules on entertainment. e Commissloner orsini asked would granting an entertainment permlt to the Renalssance Cafe necessitate granting entertainment permlts to everyone else on Main Street? Mr. Whittenberg said the current Clty ordinance allows any person wlthln the Cl zone who wlshes to have an entertainment cafe to apply for a Conditional Use Permlt. There is no restriction on the dlstance between locations. They must have a PubllC Hearing through the Plannlng Commission for approval. If, during the Public Hearing process, the Commisslon could see adverse lmpacts created by the proposal which could not be mltlgated, that application could be denled. Each proposal would be judged on its own merlts and the testimony and evidence recelved. . e e Page 9 - Planning Commisslon Minutes of July 17, 1991 commissioner Sharp asked how many entertainment cafes there are in Seal Beach? Mr. Whittenberg said one, Panda Panda Restaurant has a permit for a plano bar. Mr. curtis added Spaghettini's doesn't have an entertainment permit and they are operating illegally; staff has contacted the management. Chairman Fife opened the Public Hearing. Dwight Anderson * 2263 Columbia Drlve, Costa Mesa. CA The applicant, Dwight Anderson, said that entertainment is a small portion of his buslness; 80% is food sales. They are a full serVlce restaurant and serve breakfast, lunch and dinner and don't want to be a bar. The entertainment is not to be a focal point, only background music. He guaranteed no gauze dancers. They have another Renaissance Cafe in Laguna Beach which has been open fourteen months. That cafe opens at 7:00 a.m. and closes "when everybody leaves which is generally between 11:30 p.m. and 12:30 p.m. ... they serve food until 11:00 p.m.". The entertalnment is singles or duos. In Seal Beach they would have ampllfication but no speakers to the outside patio and no dancing. They would comply with the noise ordinances of Seal Beach which is 55 decibels both inside and outslde. The mUS1C lS inside only. He stated the Laguna Beach location has residential properties at their front door. Their policy is that if you can't carryon a conversation the music is too loud. Their current seating policy is that patrons wishing to eat get first priority for a table. But their atmospheres allows patrons to solely drink wine or coffee. He requested modification of Condltion #10 to: Food Service: Monday - Sunday 6:00 a.m. to 1:00 a.m. Entertainment: Sunday - Thursday Friday Saturday - Sunday 6:00 p.m. to 12:00 a.m. 6:00 p.m. to 12:30 a.m. 12:00 p.m. commissioner Sharp asked for clarification on the hours of food service. Mr. Anderson said the kitchen is closed at 11:00 p.m. but they serve desserts and coffees, beer and wine until closing time. Thelr speclalty lS coffee drinks. The last order for dinner lS taken at 10:55 p.m. Mr. Anderson said "We don't have any set times, that's one of the things that's very difficult for many people to understand about our cafe. Commissioner Sharp asked for further clarificatlon, stating if it's not gOlng to be a bar atmosphere but people do come ln after 10:00 p.m. Just for the entertainment and stay to 1:00 a.m. and they're not eating food then it lS a bar atmosphere. Mr. Anderson said their eXlsting cafe would show at that hour 50% of the patrons are drinking coffee or having dessert. His coffee sales are greater than hlS beer or wine sales. Commissloner Orsinl asked about the seatlng arrangement. e e e Page 10 - Planning Commlssion Minutes of July 17, 1991 Mr. Anderson said his small tables seat two persons and the larger tables seat four. Commissloner Orsini said he counted 92 seats. Mr. Anderson said he didn't thlnk he could accommodate 92 seats. Mr. Anderson said he would put in only the amount of seats that the Fire Department and space would allow. Al though the staff document requests he malntain the present level of seating he was not sure the Health Department regulations for new restaurants would allow him to get that many seats ln that space. These new regulatlons mandate current size handlcapped bathrooms, employee changing rooms, an office, adequate storage facilities; it's dlfficult to get a restaurant into a space that size. Persons Speaking ln Favor of the Application Mark Slnger. Architect * Laguna Beach. CA - Presented photographs of the Renalssance Cafe in Laguna Beach. He explained the seismic retrofit would make the buildlng as safe as a new bUllding. He presented a petltion "... slgned by most of the local residents that don't object to the proJect at all". [Attached to these Minutes For The Record]. He stated the concrete vault will remaln in the bUlldlng and will be utilized. Hank Lucero * 1620 Catallna Avenue, Seal Beach - Said he had many offers to buy his restaurant, the Green Pepper. He wanted to carry on the same atmosphere he had had for the twenty years he owned the Green Pepper. When he revlewed Mr. Anderson's proposal he suggested Mr. Anderson glve hlm and offer. Regardlng the entertainment cafe, he felt residents might compare 1 t to the Italian cafe that used to be ln the same block but that would be like "comparing apples with oranges" because that was loud music. ThlS is entirely dlfferenti there would be no comparison. Persons Speaking Agalnst the Application Beverly Casares * Seal Beach - Said she had certaln problems with the staff report and asked who wrote the staff report, speclfically page 3, bullet #2? Mr. Curtls sald he wrote the entire staff report. Ms. Casares sald she had Chlef of Pollce Wllliam Stearns' home telephone number in case any of the Commissioners wanted to telephone him. She said Chlef Stearns may have reviewed the existing records, may have no problem with transferring the on-sale beer and Wlne llcense but he does have a problem with issuing a Ilve entertainment llcense in a resldentlal district, District 1. She requested a copy of the petition presented by Mark Slnger. She sald the City could use a restaurant ln that locatlon but the Clty does not need live entertalnment. She said there are registered voters who Ilve on Main Street and an open patlo out front would disturb them with talking, coming and going. She said this town has a hlstory of belng a honky tonk but that lS not so now and live entertalnment is not wanted. Hlstorically, before Walt's Wharf was built the Spaghetti House was on that site and the noise from that establishment was extremely loud. Before the Spaghetti House there e e e Page 11 - Planning Commission Minutes of July 17, 1991 was the Garden of Allah which had "these little women described in the Code...". She said "Seal Beach's history has been honky tonk ... There has never been any llve entertalnment on Main street or Paclfic Coast Highway in this City... that has not become a depot for cocaine sales. We don't need lt, gentlemen. We don't want it. And we shall not have it. We need to do what's morally rlght". She stated that Seal Beach residents went to Laguna Beach and checked out the Renaissance Cafe. She said more than 63 people could not flt in the Green Pepper restaurant, 80 never and 92 are counted. Therefore, she felt the staff report and Mr. Anderson's comments are inaccurate. She questioned why this new appllcation with a new building would be allowed to be grandfathered in meeting current parking requirements and not having to pay In-Ileu parking fees. She asked the Commission to deny the outdoor patio based on the fact that there are District 1 registered voters who live on Main Street. Davld Rosenmann * 208 8th Street. Seal Beach - Said he lives directly behind the Green Pepper. He said Hank Lucero and the Green Pepper have been wonderful neighbors, without serving hard llquor and without an entertainment license. He believed that if a live entertainment license were granted the City would be diminishlng hlS property value. He said he was certain he would have to phone the police about noise problems. He said he used to live in Laguna Beach and there is no comparison between Forest Avenue, which "has some seedy residential development and Main Street or 8th Street [ Seal Beach]... II . The neighborhoods are totally different. He said he didn't have a problem wlth the proposed proJect's architectural concept or with the restaurant itself. He was not approached about the petitlon but would not have signed it. He stated he was not in favor of changing the hours of operations. Chi Kredel * 1633 Seal Way. Seal Beach - He asked why would staff recommend approval of Conditional Use Permit #10-91 when City residents were opposed to live entertalnment cafes? He questioned the staff report on parking, allowing this new applicatlon wlth a new buildlng to be grandfathered to meet current parking requirements without paying in-lieu parking fees. He asked if the proposed remodel and seismic retrofit would bring this building totally up to new codes? He asked if this buildlng has been designated as a historic building? Director Whittenberg sald this bUllding has been lncluded on the recent listlng of locally recognlzed hlstoric structures that the Planning Commlssion and City Council adopted. It's not recognized on the National Register. Mr. Kredel indicated he was agalnst an open patio. commissioner orsini asked the square footage of the building? Mr. Curtis said the restaurant is about 2000 square feet, the upstairs about 1,000; 3,000 square feet total. A 2,000 square foot restaurant would requlre twenty (20) parking spaces. The 1,000 square feet upstairs will be used for other purposes and will be e e e Page 12 - Planning Commission Minutes of July 17, 1991 1ncluded in the se1smic retrofit. The park1ng requirement 1S based on the gross square footage of the restaurant. Commiss1oner Dahlman asked if Hank Lucero pa1d in-I1eu parking fees? Mr. Curtis sa1d this slte pre-ex1sts parking standards so it is considered to meet all parking requirements. Mr. curtis said "Anyone who comes into an existing restaurant and sW1tches over, like Mr. Orsin1 is doing, is not required to meet full park1ng requ1rements unless the use has been out of date for a certain period of time. If they're coming 1nto an existing restaurant they would pick up the existing situation on that restaurant provided 1t'S a continuation of use". Commissioner Dahlman said he would have to agree with Mr. Kredel, that that's not a "level playing f1eld". Mr. Whittenberg said for a restaurant use the park1ng requirement is one space per 100 square feet of the gross build1ng area. For an office or retail use the parking requirement is one space for 250 square feet of floor area or one space for 300 square feet. The parking requirement differs, depending on the use of the structures. Mr. curtis said at the present time there may be one or two Main street businesses which do meet park1ng requirements. Under the current scenario there is no in-lieu parking ava1lable ... no business could be replaced on Main street if we had to go 1nto in-lieu park1ng at this time. Any business, if someone left, would be left vacant. Hennessey's Tavern pays in-I1eu parking because the City, at that time, allowed 1n-I1eu parking and the Coastal Commission accepted it. At this time the Coastal Commission will not accept any more 1n-lieu parking unless 1t 1S phys1cally provided within a certain proximity to the site. The City has no more available at this time unless parking structures are bU1lt. Commissioner Dahlman said he didn't feel it was equ1table to have a new business with a new structure come in and not pay in-I1eu fees while other businesses are paying those same fees. Mr. Whittenberg sald it was important to keep 1n mind that in cases where in-lieu fees are being collected, those are locations which were approved under previous requirements both by the City and the Coastal Commission that are no longer in place and can no longer be applied. Commissioner Sharp said the Commission's hands were tied to the present munic1pal Codes. Comm1ssioner Orsini said that with 2000 square feet the seating can maximize at 133 seats --- one person for every 15 square feet. Restaurants usually occupy at 80% but taverns are different because they draw more people. In taverns a lot of people stand. Mr. Kredel asked Mr. Wh1ttenberg what his logic was on recommend1ng this appl1cat1on for an entertainment 11cense on Main street be approved? Director Whittenberg said that after talking with the applicants and reviewing the appl1cat1on, staff felt the use that's proposed would not be detr1mental to Main street. Staff is aware of the previous problems but felt the types of entertainment proposed would not allow those conditions to occur again. Mr. Whittenberg related he had been to the Rena1ssance Cafe in Laguna e . e Page 13 - Planning Commission Minutes of July 17, 1991 Beach and thought ~t was a nice facility. Mr. Whittenberg stated that staff makes its recommendations without the benefit of any public input. The purpose of the Public Hearing process is to allow the public to comment on the project that's presented. Mr. Kredel said "Then ~f a person, or the citizens of this area, feel that a Planning Director is making the wrong decisions throughout the City then there's only one recourse and that's to get another Director. Because we don't like to come up here and fight ...". Commissioner Sharp told Mr. Kredel his comments were out of line. "You're completely out of line to say something like that. The man's job is to do h~s job and he's doing it. He isn't supposed to represent you, he's supposed to do his job. And that's why he's hired" . Mr. Kredel told Commissioner Sharp a lot of people have to come to City Hall night after night to protect themselves. He said "It could be a lot easier by the staff if they would feel the way that the people feel... it's no fun coming up here and I detest it ... why are we always having to fight with the City on certain th~ngs? ... I don't think I'm out of line". Chairman Fife asked Mr. Kredel to stick to the facts that could be brought for the Commiss~on to factor into their decision. Mr. Kredel asked how many signatures were on the petition? Commission Orsini said six people signed in favor, f~ve didn't sign it. The petition shows addresses only and doesn't factor in the number of people in the apartment buildings. Chairman Fife read the petition which said "We have reviewed the proposal to permit the Renaissance Cafe to operate a restaurant at 209 Main Street" and does not mention the entertainment cafe. Mr. Kredel apologized to Commissioner Sharp if he offended him. Commiss10ner Sharp said he was not personally offended but said "I think you're doing a disservice to our staff because they are hired to do a certain job and I feel they are doing a wonderful job at it. What they recommend doesn't necessarily mean it's the best for the neighborhood. But they have to recommend what the law and the regulations require ... the staff has to come in with the recommendation they feel is right. Then we have a Public Hearing. The people come 1n and discuss it. We find out what the people want ... and then we make a decision. We don't make a decision necessarily on his recommendation". Mr. Kredel said he didn't think Mr. Whittenberg was making the best recommendations for "the lower portion of Seal Beach" ... I don't see the staff jumping with the Council saying 'we don't Mola and that'. All I see is more material and what good Mola will do ... staff has never went with the present Council on that ... it overwhelms me how that I feel they are in left field ... ." Mr. Whittenberg, referencing the Mola 1ssue brought up by Mr. Kredel, said staff has indicated to Mola that the City Council has approved the request for a new EIR to be prepared on the Hellman Ranch property based on staff's recommendation to Council for a very extensive review of the proposal currently before the city. The cost of that EIR, which will be paid Mola Development Corp. if they agree to it, is over $220,000 "... so I wanted to disagree with you as far as staff's not reflecting the desires of the City Council. The reports that we present to the Planning Commission - e e Page 14 - Plann1ng Commission Minutes of July 17, 1991 and to Council on Publ1C Hearing matters are based on our best Judgment without any public input ... we base our recommendations w1thout pUblic input with the understanding in all of our reports that those things are always subject to change based on the public input which is received. That's our position". commissioner Dahlman advised Mr. Kredel that he must understand how the approval process works. For example, if Mr. Kredel had a project and it met all legal requirements how would he feel if it came to the Planning Commission with a recommendation for denial? Mr. Kredel said that was not the point of it ... it's the staff recommendation that's important. Mr. Kredel expressed concern that approv1ng an entertainment permit for th1s project would open the door for blanket approval for all other businesses. Mr. Whittenberg said that wasn't correct; each request is judged on its own merits and 1f spec1fic reasons presented at the Public Hearing justify denial of the request it can be den1ed. Chairman Fife reminded Mr. Kredel that the Planning Commission makes its own decisions based on their own conclusions after receiving public input. He reminded Mr. Kredel that every decision of the Planning Commission is now appealable to the City Counc11. Reva Olsen * Seal Beach - Said she had a petition signed by persons on 8th Street, at the same addresses quoted by Comm1ssioner Orsini, that were protesting the disturbances caused by the last entertainment license in Seal Beach. [Copy not received by Recording Secretary]. She stated she had been to the Renaissance Cafe twice to check noise levels before the music began and said 1t is not appropriate for this neighborhood because the noise decibel is too high. The Laguna Beach facility is in the 200 block of Forrest Avenue and it's a business area with commercial all around 1t. They have parking in back and the little main street is Forrest Avenue. She stated she was also there at 10:00 p.m. and compared it to the Irisher on st. Patrick's Day. She sa1d she had records and tapes on when Hennessey's promised they would be a family restaurant and after it got in there were nothing but problems. Mitzie Morton * 153 13th Street. Seal Beach - She asked Mr. Whi ttenberg if staff could rema1n neutral on Conditional Use Permits? Mr. Whittenberg said the position of the Department of Development Services has been to make a recommendation when they feel they clearly can. In this instance, based on the representations the applicant has made to staff, staff felt the use was appropriate for that area of town. It was Mrs. Morton's position that an enterta1nment cafe 1S an incurable problem and is 1ncompatible with Main Street. They belong at the Bay City Center where there are no adjacent residences. Not sell1ng liquor would be alright but 12:00 a.m. closing hours are incompatible. She played an aud10 tape of noise - e . Page 15 - Planning Comm1ssion Minutes of July 17, 1991 1n the Rena1ssance Cafe in Laguna Beach which the Commiss1on noted 1t was difficult to determine noise levels because she was controlling the volume. Ms. Morton gave a short history on enterta1nment cafe licenses, noting that prior to 1983 they were issued by the City Manager. She suggested hold1ng a Public Hearing to get an Ordinance that would prohibit entertainment 1n establishments adjacent to residential propert1es. She stated the Renaissance Cafe in Laguna Beach is surrounded with commercial properties. She sa1d it's a nice place but caters to a young crowd. It's an entertainment cafe. If Seal Beach has an enterta1nment cafe they will have the Belmont Shore crowd over in Seal Beach. Th1S 1S what the C1ty had before and they don't want it to happen again. She showed a cardboard circle represent1ng a small table top to show how crowded it would be. She stated she talked to Police Chief Stearns today. She stated Chief Stearns was not aware that this was going to be an enterta1nment cafe nor did he make any opinion regarding that. His op1n1on was solely based on the transfer of the ABC license. He was not asked about his opinion as to what he thought of Hennessey's Tavern but "... in my verbal conversation w1th him he d1dn ' t want another Hennessey's problem on Main Street ...". In Laguna Beach the Renaissance Cafe is a very popular place and people are standing outside waiting to get in. After 10:00 p.m. it becomes a young peoples' hangout. She felt the surrounding residents would be bothered by the delivery trucks coming at early hours, the trash trucks, the employees coming and going at early and late hours. She was advised the se1smic retrofit has to go before the Plann1ng Commission. She got a report from the Police Department based on drunken driving arrests from January 1991 to April 1991 (4 months) and the report showed the C1ty'S DUI arrests up by 70%. La1rd Mueller * 235 8th Street. Seal Beach - Said the question 1S whether this proposal adversely affects the City's way of life. The Main Street shops close about 9:00 p.m. during the summer and about 7: 00 p. m. during the w1nter. He said this proposal would not bring shoppers into the City but people who are there to dr1nk. This is a family town and the residents don't want this to be a place to go for late night entertainment. He objected to late hours enterta1nment but said 9:00 m1ght be alright with perhaps 10:00 p.m. on week-ends. Sue Corb1n * 10th Street. Seal Beach - Said an entertainment cafe on Ma1n Street was not needed and would be too hard to enforce. She said "Hennessey's was a sweetheart deal and th1S is a sweetheart deal... we're tired of them serv1ng people from out of town who come in here as developers. We want them to serve the res1dents of Seal Beach. We're tired of this. We've had enough ...". Commissioner Orsini requested staff to provide h1m w1th a copy of Hennessey's Conditional Use Perm1t. Ms. Corbin stated she e e e Page 16 - Plann1ng Commission Minutes of July 17, 1991 was aga1nst any entertainment 11censes on Main street because the lots are small and the alleys are narrow. She stated "I am against honky tonks". Joe Brown * 8th Street. Seal Beach - Stated he moved to Seal Beach 20 years ago and purchased three houses on 8th Street. He said that when the Spaghetti House was open the people were "riot1ng so bad, f1guratively speaking, that they promised to nail up the w1ndows of the Spaghett1 House". He could hear the music all n1ght long and the police had to make numerous reports. That didn't help much because it was just as noisy and there were Just as many people coming up and down the alley laughing and urinating. He could hear music all n1ght. The 8th Street alley 1S very crowded with trucks load1ng and unloading. He recalled reading a h1story on Seal Beach Wh1Ch related that the City had prostitution problems and mobsters using the pier to get to Lucky Luchiano's gambling ships eight miles offshore. The town 1S now a nice town and the residents will be sad if it changes. He asked the Commiss1on to vote their conSC1ence. Charles Antos * 328 17th Street. Seal Beach - Attested to the public test1mony. He stated he approved of the seismic retrofit and the ABC license transfer but opposed the entertainment cafe. He stated that in 1983 the Spaghetti House caused an adJacent homeowner to lose tenants because they couldn't sleep. Even when they replaced all the windows with double-paned windows it didn't mitigate the noise. He noted the numerous enforcement problems. When he was the City's Planning Director, the Spaghetti House had cond1tions that sa1d they would close at 12:00 a.m., that the decibel level would not go beyond a certain level. The Planning Comm1ssion d1rected him to get a decibel meter and go to the Spaghett1 House. He went there after midnight to count the number of people that came in after midnight. Prior to that he would go up and take noise read1ngs. The next morning he would report to the C1ty Manager and the Planning Commission. It got so bad there were violations issued by the Police Department. He felt that 1f the Planning Comm1ssion approved an enterta1nment 11cense they would be d01ng City staff a d1sservice because it is staff who is going to have to enforce it. Mr. Antos said "I d1d not appreciate a whole lot work1ng a normal work1ng day and at 9:00 or 10:00 at night gOlng out to take n01se readings and then wait until m1dnight, and Slt around from midnight to 1: 30 in the morning counting people who were com1ng in in violat1on. I did that every night seven days a week. That's because the Planning Commiss1on wanted to know. Finally we ended up holding a Publ1C Hearing to revoke their 11quor 11cense. At that point, that's when the City Manager turned the whole thing over to the Planning Commiss1on and since the contracts on the bands and whatever were gOlng to expire, there was a prom1se they wouldn't be renewed but by that time it was too late. That particular set of circumstances (SlC) and I have to lay a lot of the blame on the City Manager at the time because he knew about it, knew about 1t daily, and chose to do e Page 17 - Planning Commisslon Mlnutes of July 17, 1991 nothing about It. It left a very bad taste in the mouth of the folks who live here about entertalnment ln the downtown area. I think if you do approve it you are doing a dlsservice to the people who llve here and your staff". Beverly Casares * Seal Beach - Sald she felt increasing the number of tables ln a restaurant was intensifYlng the use and intensifying the use means lt's a new restaurant and the old parking regulatlons don't apply. Mr. Whlttenberg lndlcated the Code provisions state that lf the size of an eXlsting facility lS lncreased that that then puts lt lnto a different classification and they would need to meet parking requirements or obtaln a Variance. In thlS case the size of the restaurant facllity is not being increased over the eXlstlng Slze. This requirement lS based on the total size of the facility, not the seatlng area. Mr. curtis sald the restaurant seatlng area will be decreaslng. Ms. Casares said to Mr. Curtls that Chief of Pollce Stearns sent word that he was never told it would be a entertainment cafe license; Mr. Whittenberg knew about thls because Chlef Stearns talked to hlm. The Chlef sent James Groos here tonlght to tell Ms. Casares about this. e Mario Voce * 730 Catalina Avenue, Seal Beach - Asked if the proposed entertalnment was acoustical or amplified? Chalrman Flfe said there would be ampllfication. Mr. Voce sald he felt the lot was too small to have power amplification late at night for adjacent resldences. He asked the Commission to respect the wlshes of homeowners in thlS bedroom community. Toby Davis * 210 8th Street. Seal Beach - Said he owns B-Seen on Main Street next to Clancy's bar. He stated he was "shaking all over from llstening to thlS". He has enough problems listening to the employees from Walt's Wharf waiting for the other employees to leave, racing thelr englnes, playing their radlOS. He said people urlnate ln front of his store, throw up on the side walk (he has to wash this off every morning) and sleep behind hlS store. He asked "Do we need this any more? Don' t we have enough places where these people can party and have a good tlme? ... Can't somebody control this?" Ben Davls * 8th Street. Seal Beach - Said they tried to put entertalnment at the end of the Clty'S pier but the people dldn't want lt out there either. e Brent Matthews * 218 8th Street, Seal Beach - Sald he belleves living in Old Town works better when there is no expansion of non- conformlng propertles. This applles to homes and businesses as well. He felt the addltlon of an entertainment license is an expanslon and would not fall under a grandfather provision of an e Page 18 - Planning Commission Minutes of July 17, 1991 existing use. It would represent a special privilege to that property and it's not compatible wlth the surrounding residential nelghborhood. DWlght Anderson * ~ppllcant - Said he had been made aware there would be some opposltion to his proposal but was confldent of his concept and that he could make it known to the people that they would not be another Hennessey's, not caterlng to the young crowd and are not a rock 'n roll honky tonk. He said they cater to 30 - 40 year olds and have cultural mUS1C (classical or jazz). They are not a bar. He agreed to limlting the hours of operation. If the town wants to close at 10:00 p.m. he would agree. He agreed to shuttlng down the entertainment at 10:00 p.m. also. He said he doesn't know if he can get 80 seats in the space; he sald 80 because that's what Hank Lucero had. He said he will not expand and will put in only what fits ln there. Chairman Fife closed the PubllC Hearing. commission Comments Commlssloner Sharp, lndicating the proposal has three requests, asked for each request to be considered separately. -- MOTION by Sharp to grant permission for the seismic retrofit, facade renovation, interior remodel and open patio at 209 Main Street. MOTION FAILS FOR LACK OF SECOND. commissioner orsini commented that he received numerous telephone calls agalnst this applicatlon and as the Commissioner from District 1 he could not vote for thlS project. He requested a continuance of this item. He stated he wanted to talk to the people in his District to find out if they would agree with the 10:00 p.m. closing. However, if he can't get a continuance, he requested a restriction be put in place stating that if any of the violatlons occur with the ABC license the establlshment would be closed for thirty (30) days. Mr. Whittenberg clarified that if ABC license violatlons are within the purview of the ABC and they have their own enforcement process. The Commisslon should properly tie a violation to the conditions of approval of the CUP. MOTION by Orsini to continue Conditional Use Permit #10-91. MOTION FAILS FOR LACK OF SECOND. MOTION by #10-91 be 1. 2. 3. Fifei SECOND by Sharp that Conditional Use Permit considered and voted upon in three segments: Construction and seismic retro-fiti Transfer of existing ABC licensei Entertainment cafe permit. e MOTION CARRIED: AYES: 5 - 0 - 0 Fife, Sharp, Dahlman, McCUrdy, Orsini - Page 19 - Planning Commission Minutes of July 17, 1991 MOTION by Sharp; SECOND by McCUrdy that permission be granted for the seismic retrofit, facade renovation, interior remodel at 209 Main Street. This is to include the wording nif possible" to Condition #15. MOTION WITHDRAWN. commissioner Dahlman, referencing the parking problems, stated he felt 1t would be totally unfa1r to allow a new business to start up in town, needing 20 parking spaces and having only 2 or 3, while other merchants around h1m are paying 1n-l1eu parking fees. While it may be technically permissible 1t's not fair to the other merchants. Chairman Fife sa1d the public testimony is convincing that an open air pat10 on Main street is incompatible with the surrounding res1dential uses. He would not be in favor of the construct1on of an open, exposed patio. He would not oppose a glass enclosed patio. e Chairman Fife agreed with Commiss1oner Dahlman's comments on parking, stating 1t would be inherently unfair that certain businesses be grandfathered in in perpetu1 ty . But he was uncertain on whether that could be changed on this applicat10n as it may 1nvolve chang1ng the whole in-I1eu parking code which he felt is unfa1r. Commiss1oner Dahlman sa1d that perhaps the applicant should be requ1red to pay in-lieu parking fees although the City would not offic1ally be requir1ng in-l1eu parking because there isn't any anyway. Chairman Fife said the Commission set a precedent on that on the Watson development where he paid park fees even though he 1S converting commercial lots to residential lots and not actually subd1viding resident1al lots. e Mr. curtis clarif1ed the parking sltuation. In the past the C1ty allowed businesses to subscribe to the C1ty to pay in-l1eu parking fees to purchase spaces they didn't have on site and util1ze those spaces for the1r park1ng necessities. The C1ty no longer has any available park1ng spaces to give out for in-l1eu parking and the Coastal Commission no longer accepts Variances to be granted for in-lieu parking. Spec1fically, the City could most likely place a condit1on of approval on CUP's requiring parking fees. They would not be in-I1eu fees but 1t would be a payment toward off-setting parking. Mr. Whittenberg sa1d the Commiss1on could make a f1nding that based on add1tional needed m1t1gat1on measures to address the 1ncreased park1ng situation that some sort of a parking 1mpact fee would be appropriate and then determine what that fee would be. In-lieu park1ng is $100 per space per year. Chairman Fife, not1ng 1n-l1eu parking 1S phantom park1ng spaces, asked staff where the monies are? Mr. Whittenberg said the mon1es are collecting in an account so the C1ty will have funds to purchase a p1ece of property to provide add1 tional parking. But the funds that have been collected are not very substant1al. e e e Page 20 - Plann1ng Comm1ssion M1nutes of July 17, 1991 Cha1rman Fife and Comm1ssioner Dahlman discussed the parking fees and suggested as a cond1t1on of approval of the structural changes that this applicant be charged a parking impact mitigation fee calculated in1tially at a rate of $100 per 100 square feet of restaurant space subject to modification period1cally by the Plann1ng Comm1ssion. This fee would be 1ncreased in accordance with 1n-lieu fee increase and would be payable annually. Regard1ng the outside patio, commissioner Ors1ni agreed with Chairman F1fe that he would have to vote no. Commiss1oner Sharp w1thdrew his Motion; termination. Second agreed to MOTION by Fife; SECOND by Dahlman to deny Conditional Use Permit 110-91 without prejudice, waiving the $250 filing fee for a revised application. MOTION CARRIED: AYES: 5 - 0 - 0 Fife, Dahlman, Orsini, McCUrdy, Sharp Commiss1oner Orsin1 requested a change be made to the City's Ord1nance stating no entertainment cafe permits can be issued to any business backing up to a res1dential area. Mr. Whittenberg said for th1s act10n to be taken it would require a Publ1C Hearing both at the Plann1ng Commission and City Council levels. The Planning Commission directed staff to request City Council direct10n on how they would like the Comm1SS1on to proceed with the Ordinance change. Mr. Whittenberg will prepare a report so it will be on the Council Agenda for Monday, 22 July. *** Chairman Fife called a five minute recess. 7. Conditional Use Permit 18-90 412 Marina Drive * Irvine Liquor Resolution No. 1639 Staff Report Mr. curtis delivered the staff report. [Staff report on file in Plann1ng Department]. The applicant, El1as Azar, 1S requesting an indef1nite extension of an off-sale general llquor license in conjunction w1th an existing liquor store, Irvine L1quor, at 412 Mar1na Drive. Staff recommended approval by adoption of Resolut1on No. 1639 with seven conditions of approval. Public Hearing The applicant was not present. No one wished to speak in favor or Oppos1t1on to this application. . . e Page 21 - Plannlng Commisslon Minutes of July 17, 1991 Chairman Fife suggested adding another condition of approval: 8. The applicant shall maintain in a conspicuous place at all times a legible copy of the condi tions of approval for Conditional Use Permit #8-90. MOTION by Sharp; SECOND by Dahlman to approve Condi tlonal Use Permit #8-90 with the seven conditions of approval outlined in the staff report and the eighth above-referenced condition by the adoption of Resolution No. 1639. MOTION CARRIED: AYES: 5 - 0 - 0 Sharp, Dahlman, Fife, McCurdy, Orsini *** 9. Conditional Use Permit #8-91 16281 Pacific Coast Highway * Noel's Restaurant Resolution No. 1628 staff Report Mr. Curtls delivered the staff report which said the Planning CommlSSlon must determine whether to require the installation of a curb and gutter system along Pacific Coast Highway. Additionally, he presented a one page addendum to staff report. [Staff Report and addendum on file in Plannlng Department]. Commisslon Comments There were no CommlSSlon comments at thlS time. PubllC Hearing Chalrman Fife opened the PubllC Hearing. Bob Gilbert * 4552 Llncoln Avenue. Cypress - Mr. Gilbert said he is an englneer with Gllbert Englneering and represents the applicant. He stated that Caltrans and staff have confirmed what he pOlnted out at the last CommlSSlon hearing, that curb and gutter does not serve a basic functlon as lt is not needed for drainage and would inhibit the use of the property's parking lot. He said they concur with staff's two remalnlng conditions of approval. He agreed with the Caltrans recommendation for realignment of the four parking spaces. Commlssloner McCurdy sald he did not see a problem with backing into traffic on Paciflc Coast Hlghway because they are backing out onto the shoulder. Mr. Gilbert sald there were a few parklng stalls that backed onto the shoulder and he recommended they be taken out. This resulted in 29, not 30, parklng spaces. Chairman Fife asked Mr. Gilbert lf he saw any danger of a drlver rear-ending the cars parked ln the re-aligned parking spaces at a high rate of speed? Mr. Gllbert said the way the parking lot is e Page 22 - Plann1ng Commiss1on Minutes of July 17, 1991 laid out" ... there 1S one that's pointing that way but it's no different than a parked car. I suppose that's a poss1bility ...". Park1ng is not allowed on the shoulder. Chairman Fife asked Mr. curtis to draw where the proposed wall would be placed. Chairman Fife asked Mr. Gilbert 1f people would leave the road's shoulder by the restaurant, thunder through that parking lot and onto the adjacent property? Mr. Gilbert said that could be a problem of a person getting confused and purposely cutt1ng through. commissioner orsini asked about the parking, noting the restaurant requ1res 36 parking spaces and the apartment above the restaurant requires 2 parking spaces. It was ind1cated that there is publ1C parking along the grass str1p behind the restaurant. No one wish1ng to speak further for or against CUP #8-91, Chairman F1fe closed the Public Hear1ng. Comm1ssion Comments Commissioner McCurdy indicated the entertainment readerboard slgn will come down as per condition of approval #9. e Chairman Fife asked staff if parking 1mpact mit1gat1on fees would be appropr1ate for this restaurant? Mr. Wh1 ttenberg sa1d the prev10us use was grandfathered in because it's a use that was established and constructed before the City's current parking requirements were established; this use is grandfathered in also. They are short 9 parking spaces due to the reconfiguration. Comm1ssioners Dahlman and Orsini said paying parking fees would only be fa1r. MOTION by McCurdy; SECOND by Dahlman to approve Conditional Use Permit #8-91 with the twelve (12) conditions outlined in the staff report plus the following five (5) conditions by the adoption of Resolution No. 1628: 13. Additional landscaping along the front of the restaurant shall be installed. 14. A six (6') foot block wall shall be installed along the southeasterly property line, decreasing to forty-two (42") inches in height within eighteen (18') feet of the front property line to act as a protective and visual barrier for the property to the south. 15. The four (4) parking spaces indicated in the front of the lounge area on the site plan shall be re-angled in a manner consistent with the Caltrans recommendations. e e e e Page 23 - Plann1ng Commission Minutes of July 17, 1991 16. The applicant shall in a location acceptable to the Director of Development Services, prominently display the above-listed conditions of approval within the store's sales area. 17. The applicant shall pay parking impact mitigation fees in the amount of $100 per space per year for the nine (9) parking spaces they are delinquent. MOTION CARRIED: AYES: 5 - 0 - 0 McCUrdy, Dahlman, Fife, Sharp, Orsini *** 10. Height variation #12-91 127 12th Street Resolution No. 1642 staff Report Mr. Curtis del1vered the staff report. [Staff report on file 1n the Planning Department]. The applicant, Kurt Augsburger, 1S requesting to construct a covered roof-access structure (CRAS) in excess of the twenty-five foot height limit in conJunction with the remodel/addit1on of a single-family home at 127 12th Street. The maximum he1ght elevation proposed is 29'8" and is w1thin the seven foot (7') allowance provided under section 28-2317(4). Staff recommended approval by the adoption of Resolution No. 1642 with three (3) conditions of approval. Comm1ss1on Comments Cha1rman Fife asked how high above the roof deck is the roof of the CRAS? Mr. curtis sa1d the roof 1S at 7'8". In discussing the CRAS, Mr. curtis told the Commission that th1s applicant had plans into the Planning Department prior to the enactment of the new criter1a for CRAS and he had already received approved bU1ld1ng plans Wh1Ch show the existing roof joists. Staff was trying to avoid hav1ng to ask the applicant to redes1gn and re- eng1neer the entire roof. At th1s t1me new applications would be held to the new CRAS criteria and they would require the CRAS to be 4' to 5' shorter than this request. This CRAS could phys1cally be reduced in size. Cha1rman F1fe opened the Public Hearing. Comm1ss1oner Dahlman was called to an emergency and had to leave the meeting at 12:25 a.m.. A quorum was present. . Page 24 - Planning Commission Minutes of July 17, 1991 Public Hearing Kurt Augsburger * 127 12th street. Seal Beach - Said reducing the CRAS size would necessitate his re-engineerlng the roof, it would ruin the architectural look of the building. He noted this CRAS just covers the stairs with no addltlons. Chalrman Flfe closed the Public Hearing wlth no one wishing to speak further for or agalnst this project. MOTION by Sharp; SECOND by Orsini to grant Height Variation #12-91 by the adoption of Resolution No. 1642 with three (3) condi tions of approval outlined in the staff report and the CRAS to be 16'7 x 5'2". MOTION CARRIED: AYES: ABSENT : 4 - 0 - 1 Sharp, Orsini, Fife, McCUrdy Dahlman *** 11. Development Agreement 1600 Pacific Coast Highway & 336 17th Street Bay City Villas ~ Resolution No. 1641 Staff Report Mr. Whittenberg presented the staff report. [Staff report on file ln the Planning Department]. The appllcant, Jlm Watson, is requesting the approval of a Development Agreement, for the Bay City Vlllas project comprising eleven (11) slngle family residences and a total of 3,000 square feet of commerclal/retall spaces located on three (3) separate commercially zoned lots. e Mr. Whlttenberg indlcated the Development Agreement Public Hearing process will involve a Public Hearing at the Plannlng Commlssion and City Council levels wlth City Council adopting an implementing ordlnance. The Clty Council has conducted Public Hearings on the General Plan amendment and zone change but have withheld maklng any final determlnations untll the Development Agreement is before them and all three items can be considered at the same time. The Development Agreement reflects the concerns and recommendatlons of the Planning Commission and Clty Council and imposes a number of condi tions on the developer WhlCh are ( 1 ) park and recreation mitigation fees of $90,000 to be paid to the City for the proposed rezonlng of nine commerclal lots to resldential lots at $10,000 per lot; (2) $20,000 fee for mltigatlon of construction new resldential unlts on eXlsting residentially zoned parcels; (3) provision of one (1) low/moderate income housing unit by the developer elther within the City or the Coastal Zone per the Government Code or a $15,000 in-lieu fee to be paid to the City as a subsidy fee to write down the costs to provide a low/moderate lncome unit in the City not . . e Page 25 - Plann1ng Commission Minutes of July 17, 1991 necessarily to involve new construct1on and could be rent subsidies; (4) the developer to bU1ld eleven (11) single fam1ly homes; (5) no more than 3,000 square feet of commercial buildings on the commercial lots; (6) any modification to be approved by the city; (7) sets forth a time frame for start and completion. Comm1ssion Comments The Commission, referencing paragraph 12.7, asked how staff arrived at a $15,000 figure? Mr . Whittenberg said staff reviewed the determination of the low/moderate income housing fees as part of a previous Development Agreement on the Hellman Ranch for Mola Development Corporation. Those fees were deri ved/based on a formula for land development based on land costs of $150,000 per acre. The subsidy for that project was $10,000 per unit. Assuming that the land cost was substant1ally h1gher in the Old Town area staff 1ncreased that fee by 50%. Cha1rman Fife stated the City advised the state, in the City's current Hous1ng Element, that the City is attempting to develop "X" number of new housing units of which a certain number will be for low/moderate income unit; what is that percentage? Mr. Whittenberg said it's not a percentage, it's a requirement for a certain number of units; approximately 285 units. The City was projecting, over five years, to add 800 to 900 new housing units within the commun1 ty, of Wh1Ch approximately 285 would be low/moderate 1ncome. Approx1mately 1/3 or 30% of the new housing stock would be affordable. Chairman Fife indicated that if that formula were appl1ed to th1S application, three housing units would have to be affordable to people of low or moderate 1ncome. Mr. Whittenberg said the law would allow the developer to get credit by taking a rental unit he currently owns within the C1ty or the Coastal Zone and writing down the rental costs of that one unit to meet the needs of a low/moderate income person. section 65590 of the Government Code allows for a five year write down. That would be $3,000 per year for 5 years in this case. In Orange County a moderate income for a family of four persons is $56,000 a year. That would support almost a market rate rent at this time - $1,200 a month for hous1ng. Three miles within the Coastal Zone 1S three miles north of Westm1nster Avenue. If the C1 ty can clearly ind1cate that the provis1on of a written-down rental unit was something that would not have occurred but for the insistence of the City 1mpos1ng that on a developer it's credited to the C1ty of Seal Beach even though it may be in another C1ty. Cha1rman Fife, referencing paragraph 10 and 10.1, discussed vested r1ghts and the right of an author1 ty , higher than the City, imposing conditions the City did not impose. He asked if that general problem area were covered elsewhere in the Development Agreement? Mr. Wh1ttenberg said the Development Agreement itself is required to be signed by the Coastal Commission. Once the . Page 26 - Plann1ng Comm1ssion Minutes of July 17, 1991 Development Agreement is signed by all parties (City, Developer, Coastal Commiss1on) any future changes to the law would not affect the Development Agreement. Chairman Fife, referencing paragraph 12.7, sa1d he felt that the requirement of only one housing unit or the 1n-lieu payment of $15,000 1S incompat1ble with the City's Housing Element requirement. Mr. Whittenberg said that is staff's recommendat1on to the Plann1ng Commiss1on and can be changed by the Commiss1on. The City's past position has been that for single family detached home developments the C1ty generally has looked at a 10% requ1rement. When talking mult1ple family developments the percentage will 1ncrease because it's easier and more practical to develop those units in that situation. Cha1rman Fife opened the Publ1C Hearing. PUBLIC HEARING e Jim Watson * 101 Ma1n street. Seal Beach - The applicant stated he agrees to the conditions in the Development Agreement except for the $20,000 on the exist1ng resident1al development. He stated he felt the $90,000 fee for "park and recreation m1t1gation fees" for rezoning the n1ne commercial lots to residential lots was arbitrary when assessed. He stated nothing was said at the Plann1ng Commission about low 1ncome hous1ng. e Just pr10r to the City Council meeting he heard about low income hous1ng being assessed. At the City Council meeting he stated he would not really object to paY1ng $10,000 to $15,000 even though he felt it was arbitrary. But in the last two days there is another fee of $20,000 for "mitigation of construction of new resident1al un1 ts on existing residentially zoned lots". He felt that Ericksen Construction or Cox Construct1on is not paying a $10,000 park fee to bU1ld a house on an existing single family lot. He stated the $20,000 was not very equitable. Regarding the low income hous1ng, Mr. Watson sa1d "I really don't believe as a resident of this town that we're going to be anywhere near 10% of our housing stock is going to be in low cost housing. It just is not probable ...". He felt the fees were getting out of line and requested to be allowed and agreed to pay the $90,000 and $15,000 on the low cost hous1ng for a total of $105,000. Regarding the low income housing, Jim Funk has a two-bedroom house at 215 10th Street Wh1Ch he rents for $995; there are many two bedroom units in town rented for less than $1200 a month in Old Town. Mr. Watson sa1d he was unaware that the Coastal Commission would be a party to the Development Agreement. He has already applied to the Coastal Commission. H1S understanding of the only reason for the Development Agreement was for the C1ty to be able to extract the $90,000 plus $15,000 1n fees. He d1dn't object to a Development Agreement but didn't want it to go before the Coastal Commission. The Coastal Commiss1on has just raised the1r fees - it cost him $11,000 to apply. e e e Page 27 - Planning Commission Minutes of July 17, 1991 Commissioner Sharp asked why the $20,000 was assessed? Mr. Watson sald the City assessed him $10,000 per lot against two lots already zoned resldential. Mr. Whlttenberg sald this fee came from two sources. Staff recommended to the Planning CommlSSlon they conslder upgradlng the eXlsting fee for construction of new homes on residential propertles on lots providing more than one unlt or on lots not already developed from the current rate of $324 to $10,000 to be in llne wlth the sub-division fee that you determined. The Cl ty Council, when they reviewed that matter, lnstructed staff to proceed with a text amendment to that effect indlcated that that sort of a fee should also apply to the lots on thlS particular property WhlCh has never been developed for a resldentlal use in the past. Mr. Watson asked Mr. Whittenberg if that took place after the Council meetlng because he was not aware of thlS? Mr. Whittenberg said it probably was after the Public Hearing at Councll level. Mr. Watson said his understandlng was that they talked only about $90,000. Even though they didn't take a formal vote lt was his understanding that they basically approved hlS project with the fees in placed. The purpose of not formally approving the proJect was just to prepare the Development Agreement. Those fees are not in place yet. It seemed to Mr. Watson to be inherently inequitable to charge fees that are not yet in place on these two lots. It may never be assessed because there may be an uproar in town when people have to pay a $10,000 fee to add a unl t on their property or to build a house on a lot. Commlssioner Sharp agreed. commissioner orsini noted the June 5, 1991 Plannlng Commission Mlnutes reflect a $90,000 and June 24, 1991 City Council reflect the same fee. Mr. Whl ttenberg said no dollar amount was dlscussed. Commissioner Sharp asked Mr. Whlttenberg how thls could voluntarily be done wlthout its being done during a Public Hearlng? Mr. Whi ttenberg said that's the Public Hearlng that's before the Commission this evening. This fee then is ralsed on a verbal reference from the City Council. Councllmember Hastings said her recollection was that the Clty Councll suggested the fee as something to be investlgated and to have staff come up with a suggestion. She believed it would come back as a resolution or ordlnance, go through the Public Hearing process, be voted on and then lmplemented. She asked Mr. Whlttenberg if she was confused on thlS issue? Mr. Whlttenberg sald the normal action of the Clty would be to make a determination as to what the approprlate fee is, that has already been done. The Planning Commlssion felt the fee of $10,000 was an appropriate fee based on thelr prevlous decision and recommendation to the Councll regarding the sub-divlsion fee. At the time of discusslon at the Councll, the Councll seemed to indicate a preference to implement that fee at $10,000 level and there was some dlScusslon among Council members if that fee could be applled to thls project. Staff indicated it could be considered as part of the Development Agreement. . . . Page 28 - Planning Comm1SS1on M1nutes of July 17, 1991 Cha1rman Fife said the original Planning Comm1SS1on consideration of th1S project spec1fically included reference to the Government QQgg low income housing requirements. They are not imposed by the city but by state law. Mr. Whittenberg clarified that the Government Code, Sect10n 65590, says it's the local jurisdiction's respons1b1l1ty, not the Coastal Commission's. Sue Corbin * 10th Street. Seal Beach - ObJected to this being considered a Public Hearing because at 1:00 a.m. the public 1S gone. The Agenda is overloaded and there were only two copies of the Development Agreement staff report on the meeting's table. She requested the Comm1SS1on continue this item to a better hour. Staff told her the Planning Comm1ssion packets were available on Monday, it's been at the library and City Hall because the City's photocopy machine was malfunctioning. Chairman Fife said he appreciated her p01nt but the Plann1ng Commission faces this all the time, it's part of business. Commissioner Orsin1 said th1S 1S the second Planning Commiss1on hearing and it will come before the City Council again. Mar1lyn Hastings * 121 12th Street. Seal Beach - Sa1d she was confused as to what happened at the last City Council meet1ng because she did not think the C1ty Council formally voted on this. She thought it was an investigat10n into impact fees for the build1ng of new residences on vacant lots. She did not recall vot1ng and making 1t a policy. Mr. Whittenberg said it 1S not formal at this point, the Council has author1zed staff to prepare the necessary mater1als for Publ1C Hearings to establish that fee. Mrs. Hastings asked why staff went ahead and assigned the fees to Mr. Watson. Mr. Whittenberg said they were recommended because at the time of the Counc11 meet1ng certain Councilmembers asked if it could be assigned. It's an item under negotiation and can be left 1n or removed from the Development Agreement. Mrs. Hast1ngs said she wanted it absolutely clear in her mind because th1S has happened after the Council had approved Mr. Watson's project. The Council action was a query only and staff has proposed a cond1tion on Mr. Watson based on that query. Beverly Casares * Seal Beach - Said the City Counc11 sa1d the Park utilization Mitigation fees of $10,000 were not to be imposed on lots previously developed. Mr. Whittenberg said the direction of the City Council was that the fee would be imposed on proposals to develop additional housing units on lots that are currently developed w1th residential un1ts in accordance w1th the exist1ng provisions of the Code and that it would be imposed on lots which are currently vacant and have never had a res1dential unit constructed on them. Chairman Fife sa1d that if the Development Agreement went from the Plann1ng Commission to the City Council w1th the caveat that the Comm1SS1on took no position on the second paragraph of section 12.6 that would focus the issue for the Council to have the final say. e e Page 29 - Planning Commiss1on Minutes of July 17, 1991 It m1ght be better to leave the clause 1n the Agreement so it doesn't surV1ve or die by slmply being forgotten. It would be best for the Counc11 to leave it in or take it out. J1m Funk * 215!; 10th street - Said he turned in 14 separate applications to the Coastal Commission and paid $11,500 fees. It's very important to the applicant to el1m1nate the Coastal Commission as a party to the Development Agreement. The Coastal Commission does not move fast so the applicant may not be heard before November. Getting the Coastal Commission to read the Development Agreement and take act10n might mean the application would not be heard this year. He asked the Comm1ssion to el1m1nate the Coastal Comm1ssion as being a party to the Development Agreement. Mr. Whittenberg sa1d that Sect10n 65869 of the Government Code specifically requ1res a Development Agreement w1th1n the Coastal Zone is entered into without the City hav1ng a Local Coastal Program that has been cert1f1ed by the Coastal Commission the Coastal Commiss1on must review that Development Agreement. J1m Watson * 101 Main Street. Seal Beach Mr. Watson asked if there was a legal way that he could accept the imposit1on of the fees without having a Development Agreement? Mr. Whittenberg said the City Attorney felt to a Development Agreement would legally b1nd the developer and adequately ensure the legality of the imposition of the park fees, low and moderate 1ncome housing. Mr. Watson said, if acceptable to the City and City Attorney, he would be willing to write a letter stat1ng that he would pay these fees and would not in any way challenge it legally. Mr. Whittenberg said the Commission could approve the Development Agreement and forward 1t on to the City Council and staff could reV1ew the alternatives with the City Attorney's Office for other acceptable mechanisms. Mr. Watson said his desire not to have a Development Agreement was (1) the delay at the Coastal Comm1ssion which is serious because of the short fuse on the purchase contract and (2) 1S 1n dealing with the Coastal Commission you don't know the direction they're gOlng to go 1n and you don't have the opportunity to stand up and talk as you do at the City. Chairman F1fe closed the Publ1C Hearing. MOTION by Orsini; SECOND by Sharp to approve the Development Agreement for Bay City Villas [GPA lA-91, GPA IB-91, ZC 1-91, ZV 4- 91] and recommend to the City Council the following changes: 1. Section 3.1 - Change $110,000 to $90,000; 2. Section 12.5 - Change $110,000 to $90,000; 3. Section 12.6 - Remove paragraph two. e 4. Clerical/technical corrections be made throughout document made by City Attorney's Office. e e e Page 30 - Planning Comm1ssion Minutes of July 17, 1991 MOTION CARRIED: AYES: NOES: ABSENT : 3 - 1 - 1 Orsini, Sharp, McCUrdy Fife Dahlman Chairman Fife sa1d he was 1n bas1c agreement but the low income housing contribution rationally should be more than that. The property is incredibly expensive in the Coastal Zone but the state's policy is to spread the low income hous1ng throughout the state and not concentrate 1t in lower cost areas. Mr. Wh1ttenberg indicated th1S item will be heard by the City Council on Monday, July 22. The Council staff report will 1nclude the issues raised tonight. staff will contact the City Attorney's Office re an alternate to the Development Agreement. ORAL COMMUNICATIONS [1:26 a.m.] Leigh Cambria * Old Town - Stated her concern with the inequ1ties of bU1lding on Seal Way and asked 1f Seal Way has d1fferent zoning from the rest of Old Town? Mr. curtis said no. She objected to a CRAS that turned into a third story at 1215 Seal Way. Comm1ssioner Orsin1 sa1d that house was approved in 1987. The Coastal Commission has stopped build1ng because the owner has to bring the house into conformity with Coastal Commission regulations. Mr. Curt1s said this is a two-story house with a covered roof access and the CRAS height 1S at 30 feet. Mr. Curtis said staff's only concern with bring1ng this CRAS into conformity was the fact that the homeowner received a Height Var1ation for th1S CRAS 1n 1987 allow1ng it to be built as it's being built. Ms. Cambria said th1S CRAS 1S a glass enclosed structure Wh1Ch has electric1ty and 1t'S not a slmple CRAS. Commissioner Orsini sa1d he looked into the records for this house because "I couldn't believe 1t when I saw 1t it looks like an a1rport control tower with its angled w1ndows". Commissioner Orsin1 said the City is staying away from this issue r1ght now because the homeowner is dealing w1th the Coastal Commission and may have to tear the CRAS down. Ms. Cambria urged the Commissioners to please go look at it. Chairman Fife 1ndicated that the observadome on Sandp1per Drive was concluded to have gone beyond what a CRAS should have been allowed to be, to m1nimally cover the access to the roof. He asked Mr. Curt1s why isn't this same sort of issue involved 1n this house at 1215 Seal Way? Mr. curtis said 1215 Seal Way is on the CRAS list as non-conforming due to exter10r wall locat1on and Slze. Secondly, when it was before the Planning Commission for the Height variation [the observadome never went through the Planning Comm1SS1on for a Height Variation only for the garage] all of these issues were brought up and discussed. This house has an open atrium through the second floor 1nto this pseudo-doghouse which is very large. It was approved by the Planning Commission subject to conditions that 1t is meeting at this t1me. Staff's discussions e Page 31 - Planning Commission Minutes of July 17, 1991 w1th the city Attorney ind1cate the C1ty would have a very d1fficul t time having that structure removed because they went through formal City processes and received discret10nary approvals 1n late 1986 which they are following. Ms. Cambria asked what is the difference between the house at 1215 Seal Way and some of the other CRAS that were built by Ericksen Construct1on? They were all approved. Chairman Fife said the d1fference 1S that some were approved only at the Planning Department/Building Department level and did not have a Minor Height variation at Planning Commission level. He indicated that the lower the level of approval at Wh1Ch a mistake or m1sinterpretation of the Code is made, the eaS1er 1t is for the City to correct. Ms. Cambria indicated that at 1605 Seal Way was a remodel of a remodel but 1t was actually a CRAS that was turned 1nto a th1rd story. It had a desk, a chair and a file cabinet. So that is now a three-story duplex w1th a granny flat on the back. She finds th1S 1S 1nequ1table and disturb1ng. STAFF CONCERNS e Mr. curtis presented a report on fence heights and slde yard setbacks 1n the Gold Coast area on Ocean Avenue. [Staff report on file in the Plann1ng Department]. He indicated that 1n the last six months staff has been presented with two requests to amend the zon1ng standards for the RLD zone of Distr1ct 1. The first request was to allow an eight (8') fence along the beach side of those propert1es which would be an 1ncrease from six (6') feet. Staff recommended a formal measuring system because as the sands blow the property levels change. The second request is to allow for a ten percent (10%) side yard setback abutting stub streets (1st Street through 7th Street). This would allow a greater than normal side setback along the street and to prevent a canyon effect where structures are located too close to the street. Currently 15% is requ1red. These stub streets along the Gold Coast are not presently utilized by the C1ty as publ1C streets and the City has no plans to open these streets to public traffic. e Chairman Fife sa1d he had a very negat1ve react10n to both of those requests with respect to the Gold Coast. Raising the fences on the beach slde further cuts out the already lim1ted capacity of the publ1C to view the ocean. Crowding the homes closer together further prohibits the publ1C'S abil1ty to see the beach and the ocean. It's not the same 1ssue as someone trying to shield himself from something unpleasant. Also, the sand would cont1nue blow1ng aga1nst the higher fence. e Page 32 - Plannlng CommlSSlon Minutes of July 17, 1991 Jlm Watson * 101 Maln street. Seal Beach - Said he had talked to staff about this because the problem is the sand blows against the walls or fences, creatlng a sltuation where you can take a small step and step over the fence into the yard. You'd have a six foot drop into the yard. He has a problem with security and people come into his yard at 250 Ocean, swim ln the pool, steal thlngs. He felt a hlgher wall would increase the security. Additionally, he believed most of the houses (exceptions being the Rothman's and Buffum's houses) are set back less than 10%. *** Mr. curtis indicated that letters will be mailed July 18, 1991 to owners of businesses which sell alcoholic beverages re-informing them of the regulatlons regarding non-display of alcoholic beverages in the window areas. *** Mr. Curtls sald "Bobby's Pub & Pizzeria" on Main Street has been operating for one year without a valid Conditional Use Permit. Staff has been trying unsuccessfully to bring them into conformity. On July 17, 1991 staff sent the owner a certified letter stating their case had been referred to the City Attorney's Office due to 4t lack of cooperatlon. *** Mr. Curtls stated staff will send a letter to Spaghettini' s Restaurant regarding their unpermitted entertainment. *** COMMISSION COMMENTS commissioner Sharp said the fence at Seal Beach Blvd. and Lampson Avenue, the old Arco slte, has one small reflector on it; this could be dangerous. Mr. Curtls said this fence was put up without a permlt or a City business llcense and staff is remedying this. *** Commlssloner Orsini sald the two other Code violations (not the deck) at 1733 Crestvlew have not been taken care of by the owner. commissioner OrSlnl sald Spaghettini's Restaurant said they have unpermitted entertainment and the City has no Code enforcement so they get away wlth it. e *** - e e Page 33 - Plannlng Commission Minutes of July 17, 1991 Commlssioner OrSlnl referenced Walt's Wharf with the farmers market. The market wlll be inside and asked if it was allowable to have a market lnside. Commlssioner Orsini sald the owner was told by staff that he was not allowed to have his banners outslde but Friday, June 12th he had the banner outside. He took it down Friday after staff's phone call but had the banner back up Saturday mornlng. There is no Code enforcement. Commissioner Orslni said he would ask the City Council to declde what they want the staff and Planning Commission to do --- elther give citatlon power or forget Code enforcement. *** commissioner orsini said that he would mlSS Commissloner McCurdy; all the Commissioners agreed. ADJOURNMENT Chairman Fife adJourned the meeting at 1:55 a.m. Respectfully Submitted, ----...... c; 00....--- } Joan Fillmann Recording Secretary THESE MINUTES ARE TENTATIVE AND SUBJECT TO PLANNING COMMISSION APPROVAL. *** The Planning Commission Minutes of July 17, 1991 were approved by the Plannlng Commlssion on August ~,1991. ~ . 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