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HomeMy WebLinkAboutPC Min 1992-08-05 . . . 1 · f CITY OF SEAL BEACH ; PLANNING COMMISSION MEETING AGENDA AUGUST 5, 1992 7:30 P.M. * City council Chambers 211 Eighth street, Seal Beach, CA I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. CONSENT CALENDAR 1. Minutes of July 15, 1992 IV. SCHEDULED MATTERS V. PUBLIC HEARINGS 2. Conditional Use Permit #8-91 [Continued from 7-15-92] Address: 16281 Pacific Coast H1ghway Noel's Restaurant Salvatore Camelia Salvatore Camelia Indefinite Extension/ABC #47 License #92-18 Applicant: Owner: Request; Resolution: 3. Zone Change #92-1 [Continued from 7-1-92]* General Plan Amendments #92-3A * #92-3B Negative Declaration #92-3 Address: 1 Anderson Street Applicant: Jeff Overeem Owner: Jeff Overeem Request: To allow one three-story ondominium containing two units of approximately 3,000 square feet each. ~/ Note: The applicant is requesting that this item be continued to the August 19, 1992, meeting. VI. ORAL COMMUNICATIONS VII. STAFF CONCERNS VIII. COMMISSION CONCERNS IX. ADJOURNMENT . . . . CITY OF SEAL BEACH PLANNING COMMISSION Agenda Forecast: AUG 19 * zoning Text Amendment #92-2 Re: Entertainment Cafes [Continued from 6-3-92 and 7-15-92]. Zone Change #92-1 1 Anderson Street (Condos/Water Tower) CUP #92-6 115 Main st. (Taco Surf/ABC #41) zoning Text Amendment #92-5 (Four different propositions) . . . SEP 09 . CUPs #92-3 and #92-4 333 First Street (Abboud/Oakwood Apts.) . CUP #92-7 99 Marina (Unoca1/Re-activate dehydration facility). oil idle SEP 23 CUP #14-91 (Spaghettini Rest./Entertainment) OCT 07 CUP #16-9' (Noel's Restaurant/Entertainment) [Joan Fi11mann - excused absence/vacation] OCT 21 NOV 04 CUP #15-91 (Cafe Lafayette/ABC renewal) NOV 18 CUP #17-91 (Pasta Grotto/ABC renewal) DEC 09 DEC 23 CUP #12-90 (Bonadonnas/ABC renewal) STAFF REPORTS PENDING: NOT AGENDIZED . CUP #92-1 for 909 Ocean/Tootsie's (May amend condition #16) . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF AUGUST 5, 1992 The regularly scheduled Planning Commission meeting of August 5, 1992 was called to order by Chairman Fife at 7:30 p.m. in City Council Chambers. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Orsini. ROll CALL Present: Chairman Fife Commissioners Dahlman, Sharp, Law, Orsini Staff Present: Department of Development Services: Barry Curtis, Administrative Assistant CONSENT CALENDAR ,. Minutes of July 15, 1992 Commissioner Dahlman provided a handout for proposed corrections on page 14; these will be made. The paragraph will read: Commissioner Dahlman said he could support this Motion because it is really not open to the public. The applicant did not present enough evidence to convince Commissioner Dahlman that it really is open to the public. It will probably be for the specific use of the residents and their guests. MOTION by Sharp; SECOND by Law to approve the Planning Commission minutes of July 15, 1992 as presented with the correction made at page 14. MOTION CARRIES: AYES: 5-0-0 Sharp, Law, Fife, Dahlman, Orsini SCHEDULED MATTERS There were no scheduled matters. . . . Psge 2 - City of Seal Beach PlannIng Commission Minutes of August 5, 1992 PUBUC HEARINGS 2. Conditional Use Permit #8-91 [Continued from July 15, 1992J 16281 Pacific Coast Highway * Noel's Restaurant Staff Report Mr. Curtis delivered the staff report. [Staff report on file in the Planning DepartmentJ. Mr. Curtis indicated this matter was continued from the July 15, 192 Planning Commission meeting to allow the applicant to be present. The applicant indicated he will be out of town at this meeting but would be available for the August 19th Planning Commission meeting. Another reason for the continuance was to locate any conditions by the Department of Alcoholic Beverage Control. Staff contacted ABC and was told they had not placed conditions on this license. Commission Comments The Commission had no comments. Public Hearing The applicant was not present. Bob O'Dell * Water Tower, Seal Beach Dr. O'Dell said he found Noel's to be a good neighbor and he had no objections to the application. He also approved of the entertainment. He felt the readerboard was an important part of this business. No one wishing to speak further the Public Hearing was closed. MOTION by Orsini; SECOND by Sharp to approve/indefinitely extend Conditional Use Permit #8-91, by the adoption of Resolution #92-18 with thirteen (13) Conditions of Approval in place. The continuation of the readerboard permit will be taken up at the October 7, 1992 Planning Commission meeting when Conditional Use Permit #91-16 is considered. MOTION CARRIED: AYES: 5-0-0 Orsini, Sharp, Law, Fife, Dahlman *** . . . Page 3. City of Seal Beach Plannmg CommISSIon Minutes of August 5, 1992 3. Zone Change #92-1 [Continued from July 1, 1992J 1 Anderson Street Staff Report Mr. Curtis said the applicant has requested this item be continued to the August 19, 1992 Planning Commission meeting. The Commission has the right to consider his request and either grant or not grant his continuance and hold or not hold the Public Hearing. The applicant is considering amending his plans to build a permitted commercial use on the property. He is not certain what he wants to do at this time and Is considering various options. The owner of the Water Tower has persons in the audience tonight who wish to speak on this issue. Staff recommends the Public Hearing be opened to allow these persons speak, then to close the Public Hearing and continue the matter. The applicant amended his request to extend the contmuance to September 23rd to allow him time to consider his options. Commission Comments The consensus of the Commission was to open the Public Hearing and hear public testimony. Public Hearing Chairman Fife opened the Public Hearing. No one wished to speak m favor of thiS application. Bob O'Dell * 1 Anderson Street, Surfside Dr. O'Dell spoke in opposition. Dr. O'Dell was stated he was told this was being continued but he didn't get anything official. He said he could not stop his campaign based on what he was told. He thought the Commission might want to consider a different procedure in the future to prevent this from happening. He thanked the Commission for giving the community time to react to this ill-advised project and to have a full hearing on the issue. He presented 1,090 signatures against this project from Surfside, Sunset Beach, Huntington Beach and out of town. Only one or two persons refused to sign the petition. Chairman Fife received the petitions and marked them received for the Record. Dr. O'Dell apologized for the inaccuracy in stating the Notice was not properly done. He read, for the Record, from his petition: liThe historical integrity of the Water Tower is at stake. A developer has proposed to construct two three-story condominiums in the yard property adjacent to the Seal Beach Water Tower home. This application will require a zone change from commercial to residential. Notice of this zone change was not given to nearby property owners as required by law. Seal Beach and Sunset Beach residents worked hard in 1979-82 with the City of Seal . . . Paga 4 . City of Seal Beach Planning CommissIon Mmutas of August 5, 1992 Beach and owner of the Water Tower to save the Tower from demolition and to preserve its historical integrity, thus creating a landmark well know throughout the Southern California area. The builders of the Water Tower house were required to take extraordinary steps to adhere strictly to guidelines to preserve the historical integrity of the Water Tower, especially the superstructure. This landmark setting will be dramatically altered by the high rise project. Therefore, we the undersigned, opposed the construction of the proposed condominium project and the required zone change from commercial to residential". Dr. O'Dell said there is more to this issue than the proposed height of the condos. He said he was upset that he wasn't called upon ahead of time but he has learned in the last few weeks that "... the way the system works... that (citizens) can only react to proposed projects". He appealed to the Planning Commission to keep in mind (1) the view of the Water Tower superstructure needs to be preserved and (2) to approve a project that is consistent with and not offensive to the surrounding historical area. "Our historical sites do not have a price they have a value, especially the Water Tower, which is even on the navigational charts". He appealed to the Planning Commission to save the historical integrity of this corner. He invited the Plannmg Commissioners to visit the Water Tower, to view the area, he felt it might have some impact on what the Commission might decide to approve for the yard area. Charles Antos * 328 17th Street. Seal Beach Mr. Antos spoke in opposition. He said he was explaining this proposal to a woman in town and when she understood this would be blocking a majority of the superstructure of the Water Tower she said "That's terrible. That's like taking a beautiful woman and locking her in a closet". Sol John * 330 12th Street, Seal Beach Mr. John said a small buildmg at that site would be alright, it wouldn't block the view of the Water Tower. Jim Lucash * C-17 Surfs ide Mr. Lucash said he moved into the area after the Water Tower had been built. It is valuable because it's a historical landmark and it's an architectural landmark. Derrick Sullivan * 1614 E. First Street, Long Beach Mr. Sullivan said he attended an open house at the Water Tower last Sunday. He met a number of people who spoke of times gone by when they used to pay their water bills there. One parent told hiS child to take a good look at this tower because he may never see the whole structure again. He encouraged the Commission to preserve this historical site. . Page 5. City of Seal Beach Planning CommIssIon Mmutes of August 5, 1992 Commissioner Dahlman asked Mr. Curtis if the Water Tower is a designated historical structure? Mr. Curtis replIed If was not by the City of Seal Beach. It's recognized for local historical sigmficance. It was done so by the historical Conditional Use Permit when the house was built. Chairman Fife closed the Public Hearing with no one wishing to speak further. Commission Comments Chairman Fife asked Mr. Curtis if the proposal were built would it block entirely the view of the substructure of the Water Tower? Mr. Curtis said driving southbound from Seal Beach through Surfs ide it would block a significant portion of the substructure --- entirely across the width and probably 3/4 of more of the height. From Surfs ide Colony it would block a good portIon of the view. From the north the view would be partially blocked. Driving north, Turc's obscures a portion of the view. . Chairman Fife indicated the property is currently zoned commercial and asked what maximum height a commercial structure could build to? Mr. Curtis said the C-2 zone, through Old Town, is 30'. In Surfs ide it's zoned C-2 (General Commercial) however, there are no development standards for the Surfside portion of the C-2 zone. Planning Commission interpretation will be needed on anything the applicant would want to build. This would include height limits, parking requirements. Chairman Fife said there was no threat to the view from inside the Water Tower, it's a threat to the view of the Water Tower from the outside. If the applicant, Jeff Overeem, canceled his idea to build the condominiums and apply for a commercial use, It would have to come before the Planning Commission for interpretation because there are no zoning standards for the Surfs ide portion of the C-2 zone. Staff feels it would be appropTlate for District 3 to have the same standards as Old Town, District 1. Therefore, an interpretation will be needed by the Planning Commission. The tallest existing structure In DIstrict 3 is Noel's at about 18', Turc's is about 20'- 24' in Sunset Beach. The Surfs Ide residences are 35'. . Dr. O'Dell * 1 Anderson Street Dr. O'Dell clarified that the superstructure would be blocked substantially. He showed a photo and model. Chairman Fife asked Dr. O'Dell that when the Water Tower was built was there any discussion about surrounding development? Did he ask for any assurances at the time? Was he given any? Dr. O'Dell replied that his ex-partner, George Armstrong, told him the City of Huntington Beach ceded the Water Tower to Seal Beach. When it was sold the two cities split the amount that was paid for the corner of the lot. The City of Huntington Beach owned the rest of the lot and they decided to hold onto It -- perhaps so it could increase in value. Mr. Armstrong told him numerous times they were going to put it out to bid to only contiguous property owners. They went back on that promise. What they did was . . . Paga 6. City of Sasl Basch Plannmg CommIssion Mmutes of August 5, 1992 legal but Dr. O'Dell felt is was morally and ethically unconscionable. In 1988, a non-contiguous property owner, paId about double the appraised value. He was going to bId on the property wIth another person and cooperate in its development or non-development. He saId "Unfortunately that was not allowed because of the decision by the City of Huntington Beach ... now we're stuck with the problem ... they have a law that says surplus land be sold and it must be sold at public bid. But if it's uneven or unusual or a small amount between two properties they can determine that it's sold to contiguous property owners only ... in this case they decided not to ... ". The Commission asked what was the zoning of the Water Tower itself. Mr. Curtis said the Water Tower is zoned C-2, commercIal. MOTION by Sharp; SECOND by Dahlman to continue the Public Hearing on Zone Change #92-1 to September 23, 1992. MOTION CARRIES: AYES: 5-0-0 Sharp, Dahlman, Fife, Law, Orsini ORAL COMMUNICATIONS There were no oral communIcations. STAFF CONCERNS Rossmoor Parking Lot Problems Mr. Curtis said there was a memo distributed to the City Council and Planning Commission regarding the status of meetings to discuss nuisances related to parking lot areas adjacent to the Rossmoor Center. The agreement that's been tentatively reached has been to have a portion of the rear parking lot designated "Tow Away - No Parking" after 9:00 p.m. The City will rigorously attempt to tow cars if found In that area after that time. The PolIce Department have indicated they will patrol as time permits during the later evening hours as well. Staff will continue to meet with all concerned partIes on a monthly or bi-monthly basis to determine if this has been effective and to see if other conditions need to be imposed. The Super Saver Cinema 7 has agreed to re-do their trash enclosures to keep the birds from scavenging for trash. Commissioner Dahlman suggested adding "No Loltering" to the sign. Mr. Curtis said that could be added to the sign. The Commission received and fIled the memorandum. . Page 7. City of $981 B98Ch Planning Commission Mmutes of August 5, 1992 COMMISSION CONCERNS ABC Definition of IIBona Fidell Eating Place Commissioner Dahlman, referencing a staff memo giving the ABC's definition of a IIbona fide eating placell, indicated the definition said nothing about selling more food than liquor. The ABC does retain the ability to place this restriction on a license but this Is not routinely done. He didn't think this was a problem in Seal Beach now but said the City should remain vigilant. Mr. Curtis said the CUP's approved by the Planning Commission have always had a condition in place which required them to remain a bona fide eating place. ABC has indicated they place that condition on a license when they specIfically feel a restaurant may not be or remain a bona fide eating place. If there are no potential concerns that condition is not placed. Commissioner Dahlman asked if the City conditioned Hennessey's Tavern to make available quarterly reports on their gross sales of liquor and food are. Commissioner Dahlman said the Commission needs to be very vigilant or consider putting that provision on the City's CUPs. . Status of Sign at Rossmoor Center Commissioner Sharp asked about a sign at Rossmoor Center and asked when it was going to be fmished? Mr. Curtis said the permits were pulled some time ago but he would have to check. Commissioner Sharp said he would check on this. Expansion of Non-conforming PropertIes Commissioner Dahlman asked if the City Council has held its hearing on the expansion of non-conforming properties? Mr. Curtis said he would check. . 1120 Central Avenue Chairman Fife said he received a copy of a letter to Bruce Stark regarding the City Council's action on his appeal from the Planning Commission's decision. The Commission denied the owner's application because he indicated he was not prepared to comply with the conditIons of approval. The City Council subsequently approved the applIcant's appeal WIth conditions. Mr. Fife asked Mr. Curtis if there were any substantial difference between what the Council did and what the Commission was willing to do? Mr. Curtis said the conditions were very similar. The Commission denied the request in such a manner to allow the City Council to start with a clean slate instead of convoluted with approvals. The City Council's action was very similar to the Commission's. The applicant was allowed to have his recreation room but he must meet Code. Chairman Fife asked if there was a specific date by which this must be accomplished? Mr. Curtis said there is a normal time period of one year for a CUP to lapse, so he believed the applicant has one year from the date of approval to complete this work. Commissioner Law noted certain fIxtures were to be capped off, not removed. Mr. Curtis said he believed the Council felt this was adequate to remove concerns for this being a . . . Page 8. City of Seal Beach Plannmg CommIssIon Mmutes of August 5, 1992 third dwelling unit. Chairman Fife asked about the time period for a building permit to lapse? Mr. Curtis said 180 days between inspections. Chairman Fife referenced a home in College Park East on Hazelnut that has been in a stall mode for about six months. Mr. Curtis said he would check on this residence. Fire Department Report on Ironwood Chairman Fife asked if there was a Fife Department report on the fire occurring on Ironwood? Mr. Curtis said those reports come to the Building Department and he would prepare copies for the Planning Commission. Brick Wall at St. Cloud Drive and Spaghettini's Entrance Chairman Fife indicated a portion of the bflck wall at St. Cloud Drive, near Spaghettinl's restaurant collapsed outward during the recent earthquake. The wall is visibly leaning about 5 - 6 degrees toward the public sidewalk, further along Seal Beach Boulevard towards St. Cloud Drive. ADJOURNMENT Chairman Fife adjourned the meeting at 8:30 p.m. Respectfully Submitted, ~ < 0....-.. -+ e J --0-0-. r"' Jo Fillmann, Recording Secretary Planning Department APPROVAL: The Planning Commission minutes of August 5, 1992 were approved on August 15, 1992. -4