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HomeMy WebLinkAboutPC Min 1995-05-03 ", . ol, .~ . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA of MAY 3,1995 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #95-11 I. PLEDGE OF ALLEGIANCE ll. ROLL CALL ID. APPROVAL OF AGENM By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the agenda; (b) Rearrange the order of the agenda; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. IV. ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Planning commission, provided that NO action or discussion may be undertaken by the Planning Commission unless otherwise authorized by law. V. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning commission, staff or the public requests that a specific item be removed from Consent Calendar for separate action. 1. Approve Minutes of April 19, 1995 2. Approve Resolution No. 95-9 A Resolution of the Planning Commission of the City of Seal Beach Approving Height Variation 95-2, Pennitting the Construction of a Covered Roof Access Structure Over an Existing Stairwell to a Roof Deck at an Existing Duplex at 1307 and 1307Yz Seal Way, Seal Beach. The city of Seal Beach compbcs with the AmeriClUl3 With Disabilities Act of 1990. If you need assistance to attend this meetin8, please telephone the City Cledt's Office at (310) 431-2527 at Jeast 48 boon in advance of the meeting. - , .' . . .. Page 2 - CIty of Seal Beach Planning Coounissioo Agenda · May 3, 1995 VI. VIT. VITI. IX. 3. Receive and File: Staff Report, dated April 24, 1995, re Federal Funding - Environmental Restoration by Deparlment of Defense. 4. Receive and FIle: Staff Report, dated April 24, 1995, re Archaeological, Historical, and Architectural Study of Cultural Resources on the Naval Weapons Station, Seal Beach. PUBLIC HEARINIiS 5. Conditional Use Permit 95-3 Address: 550 Pacific Coast Highway, Suite 111 Business: Los Cabos Restaurant Applicant: David Bonadonna Property Owner: Jim Watson Request: To amend the hours of operation as set forth in CUP 95-3. Recommendation: Approve subject to conditions and Adopt Resolution No. 95- STAFF CO~CERNS COMMISSION CONCERNS 6. Staff Report re Consideration of Proposed Amendments to Code re: Public Hearing Notification to Occupants. ADJOURNMENT The city of Seal Beach complies with the Americans With Disabwl1c8 Act of 1990, If you need assistance to atlmd this meeting, please telephone the City CleJt's Office at (310) 431-2527 at least 48 hours m advance of the meeting. -, . Page 3 - City of Seal Beach Planning Commis&ion Agenda · May 3, 1995 1995 AGENDA FORECAST MAY 17 Variance 95-2 * 1609 Island View Drive Less than required garage width. JUNE 07 City Council Chambers Review Bixby EIR with General Plan Amendment #95-1 Zone Change #95-1 Vesting Tentative Tract Map #_ JUNE 14 North Seal Beach Community Center Continued Meeting for Continued Review of Bixby Project JUN 21 City Council Chambers Continued Review of Bixby Project . JUL 05 JUL 19 AUG 09 AUG 23 SEP 06 SEP 20 OCT 04 OCT 18 NOV 08 NOV 22 DEC 06 DEC 20 Election of Chairman & Vice Chairman 1996: . The city of Seal Beach complies with the Americans With Dtsabilitiea Act of 1990. If you need assistance to attend this meeting, please telephone the City C1erit's OfflCC at (310) 431-2527 at least 48 hours in advance of the meeting. . . . Page 4 - City of Seal Beach Planning Coounissioo Agenda · May 3, 1995 IAN FEB MAR APR CUP 94-1/600 Marina/Radisson 12 mos. ABC CUP 95-1/1013 PCR/Pietro's 12 mos. hours. CUP 95-3/550 PCR #1 1 1/Los Cabos Extended Hours MAY The city of Seal Beach complies with the Americans With Disabi1ities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours in advance of the meeting. . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of MAY 3, 1995 PLEDGE OF ALLEGIANCE The City of Seal Beach Planning Commission met in regular session at 7:30 p.m. with Vice Chairman Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Vice Chairman Campbell Commissioners Law, Brown, Sharp Also Present: Department of Development Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary Absent: Chairman Dahlman MOTION by Brown; SECOND by Law to excuse Chairman Dahlman's absence. MOTION CARRIED: A YES: ABSENT: 4-0-1 Brown, Law, Campbell, Sharp Dahlman APPROVAL OF AGENDA Commissioner Brown said his vote would indicate his abstention from item #2. Commissioner Sharp said his vote would indicate his abstention from item #1. MOTION by Brown; SECOND by Law to approve the Agenda with Sharp abstaining on item #1 and Brown abstaining on item #2. MOTION CARRIED: A YES: ABSENT: 4-0-1 Brown, Law, Campbell, Sharp Dahlman ORAL COMMUNICATIONS There were no oral communications from the audience. . . . Pll8C 2 - City of Se4I Beach PIannios Coounissioo Minutes of May 3, 1995 CONSENT CALENDAR MOTION by Law; SECOND by Brown to approve the Consent Calendar as follows: MOTION CARRIED: A YES: ABSENT: ABSTAIN: 4-0-1 Brown, Law, Campbell, Sharp Dahlman Sharp, item #1 Brown, item #2 1. Approve Minutes of April 19, 1995 2. Approve Resolution No. 95-9 A Resolution of the Planning Commission of the City of Seal Beach Approving Height Variation 95-2, Pennitting the Construction of a Covered Roof Access Structure Over an Existing StaiIWeU to a Roof Deck at an Existing Duplex at 1307 and 13071A Seal Way, Seal Beach. 3. Receive and File: Staff Report, dated April 24, 1995, re Federal Funding - Environmental Restoration by Deparlment of Defense. 4. Receive and File: Staff Report, dated April 24, 1995, re Archaeological, Historical, and Architectural Study of Cultural Resources on the Naval Weapons Station, Seal Beach. PUBLIC HEARINGS 5. Conditional Use Permit 95-3 Address: 550 Pacific Coast Highway, Suite 111 Business: Los Cabos Restaurant Applicant: David Bonadonna Property Owner: Jim Watson Staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department]. The applicant, David Bonadonna, is proposing to extend the current hours of 10:00 a.m. to 10:00 p.m. Sunday through Thursday and 10:00 a.m. to 11:00 p.m. on Friday and Saturday to 8:00 a.m. to 1:00 a.m. daily. Staff received one letter in opposition to this request from Robert O'Kelly, stating there are children in the residential area and the later hours would disturb their sleep and he is opposed to alcohol sales in general. Staff recommended approval of this application subject to 23 Conditions of Approval. . . . Page 3 - City of SeAl Beach P1anniog Commission Minutes of May 3, 1995 Commission Ouestions on Staff Report Commissioner Sharp asked if Mr. O'Kelly specified what was going on that would disturb children sleeping at night? Mr. Curtis said the letter did not specify exactly what the disturbance was but inferred that a restaurant with a bar operating until 1:00 a.m. would have people outside making noise when they are coming and going. Commissioner Sharp stated Los Cabos restaurant does not have a bar and has no amplified music. Vice Chairman Campbell asked is Los Cabos restaurant closer to a residential area than Villa Bonadonna restaurant? Mr. Curtis said if it is closer it's within ten feet because both restaurants are built next to each other and front the same residential neighborhood. Commissioner Brown asked if this application were approved, could the applicant put in a bar at a later time? Mr. Curtis said no, not without going back before the Planning Commission for approval. Mr. Whittenberg explained that when the Commission approves a Conditional Use Permit (CUP) it also approves a floor plan for the project. To change that floor plan would require a modification to the CUP. Commissioner Brown asked that if somebody else bought this restaurant, would the CUP transfer? Mr. Curtis said yes, a new owner would have to come to the City and agree to the existing Conditions of Approval by signing an Acceptance of Conditions form. If a new owner wanted to subsequently change the Conditions of Approval, he would have to come before the Commission and request an amendment to his CUP. Commissioner Brown said that even though Mr. Bonadonna has a good record, the extended hours could open things up to somebody else coming in and operating more of a bar-type environment. What would stop them from doing that? Mr. Curtis said two things would stop this, first, ABC requires the establishment be operated as a bona fide eating place and, second, if it causes disturbances on a regular basis the City would ask the Planning Commissioner to review the problems and perhaps change or add conditions to preclude the problems. Commissioner Brown said it doesn't make sense for a restaurant to be open past 10:00 p.m. The only reason to be open from 10:00 p.m. to 1:00 a.m. would be for bar operation. Mr. Whittenberg said several restaurants in town that are currently allowed to operate past that time; Villa Bonadonna, next door, stays open to 1:00 a.m. Commissioner Brown said Villa Bonadonna has a bar area. Mr. Whittenberg said the level of sales on their food items must meet ABC's required specifics. Commissioner Brown said "We've seen how that can be manipulated around by some of the other facilities. We really don't have any way of tracking what actually happens. If they were a bona fide restaurant from 7:00 p.m. to 10:00 p.m. and then after 10:00 p.m. they only served alcohol we really would have no way of knowing that. And that wouldn't be against the rules". Mr. Curtis said the CUP conditions requires they have a full menu of food available until 30 minutes prior to closing. Vice Chairman Campbell said that's what they will have in theory but in reality, if no one is ordering food, it has become a bar. Commissioner Brown said his concern is that the Commission would be approving another bar but that may be alright in this location as it's not on Main Street, adjacent to residences. He said they could put in a big screen television set combined with their hard liquor being available and "... there they go". . . . Page 4 - City of Seal Beach PJanning Commission Minutes of May 3, 1995 Public Hearing Vice Chairman Campbell indicated the applicant was not present and there was nobody in the audience to speak. Commissioner Brown requested the Public Hearing be left open in case somebody wants to come down and speak. Mr. Steele said that typically, when an applicant is not present at a Public Hearing and there is evidence that has come into the Record in opposition to the request, the City Attorney's Office recommends the hearing be continued one meeting to allow the applicant the opportunity to respond. If the Commission's inclination is to approve the application, it may not want to continue the matter. If it's the inclination to deny the request or modify it substantially, the Commission may want to continue it and try to get the applicant here. Commissioner Sharp said he doesn't see any problem with the application. The restaurant has been operating in this location for a long time, they just want extended hours. He added "With the type of restaurant it is, I just can't see there's a problem with its changing into a bar without us having some control over it" . Commissioner Campbell said the application says 9. Describe how and if the proposed improvements are appropriate for the character of the surrounding neighborhood. Mr. Bonadonna wrote "To accommodate customer requests for champagne breakfast". She said that is his reason for opening at 8:00 a.m. but there's no reason to stay open beyond 11:00 p.m. She asked staff is any reasons were given that are not in the application? Mr. Curtis said he would prefer not to speak for the applicant but essentially what he had indicated was he felt there was still viable business at those hours based on the record at Villa Bonadonna's. Commissioner Brown requested a continuance to the May 17th meeting and allow the applicant a chance to come it. He said he would like to ask the applicant a few questions. MOTION by Brown; SECOND by Sharp to continue Conditional Use Permit 95-3 until the May 17th meeting. MOTION CARRIED: A YES: ABSENT: 4-0-1 Brown, Sharp, Law, Campbell Dahlman STAFF CONCERN..s There were no staff concerns. . . . Page S - C~ of SW Beach Planning Commission Minutes of May 3, 1995 COMMISSION CONCERNS 6. Staff Report re Consideration of Proposed Amendments to Code re: Public Hearing Notification to Occupants. Staff Re.,port Mr. Whittenberg said that based on the Planning Commission's discussion at the April 19, 1995 meeting, staff reviewed the municipal ~ and indicated what sections would require modification per the Commission's discussion. If the Commission feels the suggestions in the Staff Report are appropriate, he suggested the Commission instruct staff to forward it to the City Council to obtain their concurrence to proceed with a Zone Ordinance Text Amendment. Jim Watson arrived at the meeting to speak on CUP 95-3 but was told the Public Hearing had been closed and the matter was continued to the May 17th meeting. Commissioner Brown explained the Commission had waited as long as it could before continuing the matter. Mr. Watson said he understood. Commissioner Brown said he had reviewed this document and was happy with the changes. Commissioner Campbell said this requires the applicant to secure the names and addresses within 300' and asked if there were a provision on what to do in case the applicant makes an error and does not include somebody? Mr. Steele said the general rule is that if Notice is improper, because the applicant has failed to provide the right sets of labels, the decision is voided by that mistake and it comes back and goes through the process again. That depends on the City recognizing a mistake has been made. This is State law provision and does not need to be written into this document. Commissioner Brown noted this primarily affects the Old Town area. MOTION by Brown; SECOND by Sharp to forward Consideration of Proposed Amendments to Code re: Public Hearing Notification to Occupants to the City Council, seeking their concurrence for the Planning Commission to hold Public Hearings on this matter. Before the vote, Commissioner Law said she is against this change. Commissioner Sharp said he has reservations about this, asking how the list of occupants could be kept current. Mr. Whittenberg explained that if this policy becomes a requirement of the City, staff will still require the Notice that is currently required, the Notice which is mailed to all property owners. In addition, staff would send a Notice to every address within the same notification area that would be addressed simply to "Occupant". The applicant will bear all the expenses of processing an application. All time is tracked on an hourly basis and once an application has been completed, the time is totalled and sometimes an applicant owes the City monies in addition to their deposit and sometimes the City refunds a portion of a deposit. ~ . . . Page 6 - City of ScaJ Buch Planning Commission Minutes of May 3, 1995 Commissioner Sharp said he did not object to forwarding this matter to the City Council and Seconded the Motion. MOTION CARRIED: A YES: NOES: ABSENT: 3-1-1 Brown, Sharp, Campbell Law Dahlman ADJOURNMENT Vice Chairman Campbell adjourned the meeting at 8:00 p.m. Respectfully Submitted, . 'j~ Joan Fillmann Recording Secretary APPROVAL: The Planning Commission Minutes of May 3, 1995 were approved on May 17, 1995. ~