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HomeMy WebLinkAboutPC Min 1998-04-22 . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for APRIL 22,1998 7:30 P.M. * City Council Chambers 211 Eighth street, Seal Beach, CA 90740 Next Resolution: 98-11 I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. AGENDA APPROVAL By Motion of the Planning Commission, this Is the time to: (a) Notify the public of any changes to the Agenda; (b) Re-arrange 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 is 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 the Planning Commission may undertake no action or discussion 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 a specific item be removed from the Consent Calendar for separate action. 1. Approve Planning Commission Meeting Minutes of April 8, 1998. 2. Plan Review 98-5 Address: Applicant: Property Owner: Request: 1213 Seal Way M. Mahpar & Associates William R. McMahan To add a second floor balcony involving the removal of 120' of living space. Approval through the adoption of Resolution No. 98-_, subject to Conditions of Approval. 3. Receive and File: City letter, dated March 9, 1998, to David Baillee at Weapons Support Facility, Seal Beach: Draft Engineering Evaluation/Cost Analysis --- Non- Time-Critical Removal Action for Installation Restoration Program Site 19, Building 241 Disposal Pit, Weapons Support Facility, Seal Beach" Comments from the City of Seal Beach". Recommendation: e 4. Receive and File: Staff Report, dated April 13, 1998, to City Council re: Receipt of Orange County Council of Governments Draft "Scope of Worl<' for Recreation Access study - Phase I, Building a Marl<'et Profile". The City of Seal Beach complies With the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Office at (562) 431-2527 at least 48 hours In advance of the meeting. Thank you City of Seal Beach Planning Commission * Agenda of April 22, 1998 . Receive and File: Staff Report, dated April 13, 1998, to City Council re: Receipt of Orange County Council of Governments Draft "Scope of Worle for Uvable Communities Report". 6. Receive and File: Staff Report, dated April 13, 1998, to City Council re: Receipt of Orange County Council of Governments Draft "1998/1999 Overall Worle Program". 5. 7. Receive and File: Staff Report, dated April 13, 1998, to City Council re: Receipt of Orange County Council of Governments "Air QualityLegislative Platform" and "Air Quality Update". VI. SCHEDULED MATTERS VII. PUBLIC HEARINGS 8. Conditional Use Penn it 98-6 Address: Business: Applicant: Property Owner: . Request: Recommendation: 9. Height Variation 97-4 Address: Applicant: Property Owner: Request: Recommendation: - 12147 Seal Beach Boulevard Yucatan Grill Char1es Robinson Century National Properties [Rossmoor Center] To amend the Conditions of Approval for CUP 97-1, an existing land use entitlement permitting the sale of beer and wine for on-premises consumption at 12147 Seal Beach Boulevard (Yucatan Grill). The applicant wants to add new perimeter fences at the front and rear of the restaurant, creating a side patio between two buildings, thus allowing additional seating. Approval through the adoption of Resolution No. 98-_, subject to Conditions of Approval. 519 Ocean Avenue Alan Harbour Harbour Family Trust To build a non-habitable architectural feature, an open cupola, four feet (4) in excess of the 25' maximum height limit in conjunction with the construction of a new single-family dwelling at 519 Ocean Avenue. Pleasure of the Planning Commission through the adoption of Resolution No. 98-_. 2 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting. Thankyou. City of Seal Beach Planning Commission * Agenda of April 22, 1998 . 10. Conditional Use Pennit 98-8 Address: Business: Applicant: Property Owner: Request: 12161 Seal Beach Boulevard Champs Grill Mark A. Griffin Century National Properties After-the-fact approval of a drive-through window at an existing restaurant located (Champs) at 12161 Seal Beach Boulevard. Recommendation: Approval, through the adoption of Resolution No. 98- _' subject to Conditions of Approval. VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT . e 3 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting. Thankyou. .' City of Seal Beach Planning Commission * Agenda of April 22, 1998 . MAY 06 MAY 20 JUN 10 JUN 23 JUL 08 JUL 22 AUG 05 AUG19 SEP 09 SEP 23 OCT 06 . OCT 20 NOV 04 NOV18 DEC 09 DEC 23 JAN 1999 FEB 1999 1998 AGENDA FORECAST CUP 98-7 * 112 8th Street * La Forte's remodel. PR 98-4 * 1013 Electric * Quinn's remodel. VAR 98-3 * 5 houses at Balboa & 1ih Street CUP 98-11 * 213/213% 11th Street * Mokhtarian's remodel. VAR 93-1* 212 Main Street ($7300 final in-lieu pmt) 12147 Seal Beach Boulevard * Seal Beach Market * Review #47 license. Sales began 2-10-98. e 4 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting. Thankyou. e City of Seal Beach Planning Commission Minutes of April 22, 1998 Chairman Brown called the regularly scheduled Planning Commission meeting of April 22, 1998 to order at 7:30 p.m. The meeting was held in the City Council Chambers and begqln with the Salute to the Flag. ROLL CALL Present: Chairman Brown Commissioners Yost, Hood, Larson, Law Also Present: Department of Development Services Lee Whittenberg, Director Reuben Weiner, Assistant City Attorney Barry Curtis, Associate Planner Joan Fillmann, Executive Secretary1 Absent: AGENDA APPROVAL e Commissioner HooQ asked to add a discussion of future agenda items. The Commission determined to add this at Commission Concerns, followed by Staff Concerns. MOTION by Hood; SECOND by Yost to approve the agenda as amended by Commissioner HooQ. MOTION CARRIED: AYES: 5-0-0 Hood, Yost, Larson, Law, Brown ORAL COMMUNICATIONS Director Whittenber~ introduced Reuben Weiner from the City Attorney's Office. Mr. Weiner substituted for Craig Steele. Rea Clewlev · Catalina Avenue. Seal Beach Mr. Clewley felt the Planning Commission was processing Conditional Use Permits (CUPs) and Variances under the assumption their Conditions of Approval would be ~nforced. Citing two recent cases, those of Mrs. Meyers on Crestview and Mr. Brief on Main Street, he said these cases had been placed on the Agenda forecast, removed from it and not heard at the last meeting. He felt these cases should have been taken care of in a timely manner. Additionally, he e 1 These Minutes were transcribed from an audiotape of the meeting. City of Seal Beach Planning Commission * Minutes of April 22, 1998 e said the City has no code enforcement mechanism. He said the Commission should investigate his idea that staff has been hiding issues for many years and why this is being done. William Ward · 117 13th Street. Seal Beach Mr. Ward asked what the Conditions of Approval were placed on CUP 98-7 at 118 12th Street, noting his garage is back-to-back with this property. Mr. Curtis said CUP 98-7 has been continued to the May 6th meeting because the applicant requested an additional item is included in his application. This required re-Noticing of the CUP last week. Consent Calendar MOTION by Hood; SECOND by Yost to approve the Consent Calendar as presented: 1. Approve Planning Commission Meeting Minutes of April 8, 1998. 2. Plan Review 98-5 Address: Applicant: Property Owner: Request: Recommendation: 1213 Seal Way M. Mahpar & Associates William R. McMahan To add a second floor balcony involving the removal of 120' of living space. Approval through the adoption of Resolution No. 98-11, subject to Conditions of Approval. e 3. Receive and File: City letter, dated March 9, 1998, to David Baillee at Weapons Support Facility, Seal Beach: Draft Engineering Evaluation/Cost Analysis - Non- Time-Critical Removal Action for Installation Restoration Program Site 19, Building 241 Disposal Pit, Weapons Support Facility, Seal Beach" Comments from the City of Seal Beach". 4. Receive and File: Staff Report, dated April 13, 1998, to City Council re: Receipt of Orange County Council of Governments Draft "Scope of Work for Recreation Access Study - Phase I, Building a Market Profile". 5. Receive and File: Staff Report, dated April 13, 1998, to City Council re: Receipt of Orange County Council of Governments Draft "Scope of Work for Uvable Communities Reporf'. 6. Receive and File: Staff Report, dated April 13, 1998, to City Council re: Receipt of Orange County Council of Governments Draft u1998/1999 Overall Work Program". e 2 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e 7. Receive and File: Staff Report, dated April 13, 1998, to City Council re: Receipt of Orange County Council of Governments "Air Quality Legislative Platform" and "Air Quality Update". Director Whittenberg said Resolution No. 98-11 was prepared in accordance with the recommendations included in the staff report. Additionally, Commissioner Law was absent for the April 8th meeting and therefore, her vote indicates an abstention on the Minutes of April 8th. MOTION CARRIED: AYES: 5-0-0 Brown, Larson, Yost, Law, Hood Scheduled Matters There were no scheduled matters. Public Hearinas 8. Conditional Use Permit 98-6 12147 Seal Beach Boulevard. Yucatan Grill e Staff Reoort Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for inspection). The applicant, Charles Robinson, applied to amend the Conditions of Approval for CUP 97-1, an existing land use entitlement permitting the sale of beer and wine for on-premises consumption at 12147 Seal Beach Boulevard. The applicant proposed to add new perimeter fences at the front and rear of the restaurant, thus creating a side patio between two buildings. This would create 45 additional seats, doubling the restaurant's seating capacity. Under CUP 97-1, the Planning Commission had required the applicant to build the large unisex restroom in addition to his two existing restrooms. The applicant prepared plans for that project and determined the cost constraints for a new ADA restroom were prohibitive; $26,000. The applicant asked City staff, the City's plan checker and the Orange County Health Department to meet at the site and review whether this restroom was absolutely required. After this meeting, the City's plan checker said the restroom would not be required now because the applicant is asking for an uncovered exterior improvement. If, at a future date, the applicant makes a request to cover any portion of the patio, that will trigger the need for the third restroom. The applicant subsequently pursued a request to amend this Condition of Approval. - 3 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e Mr. Curtis said the new Conditions of Approval for CUP 98-6 are numbers 23 - 29. Mr. Curtis presented the Commission with a letter from Brian Gibbons of Rossmoor Center [attached] asking Conditions 26-29 be removed as he doesn't believe a small landscape planter, as suggested by staff, is functional. Also, the area is common area, not leased area, and an ADA parking space would be impacted. Staff wants the condition for the planter to remain. Commission Questions to Staff Difference Between CUP 97-1 and CUP 98-6 Chairman Brown asked staff to explain the difference between this application and the previous application. Staff explained CUP 97-1 proposed a large, exterior food storage area plus the patio area. The construction costs for both those items did not allow for the waiving of the handicapped ADA restroom requirement. CUP 98-6 eliminates the building of the storage facility and requests adding a concrete patio and 6' x 11' wall. The costs for these improvements are quite different and the cost for the ADA-compliance is quite substantial. ADA says if the cost of rehabilitating existing restrooms to handicapped accessible restrooms exceeds a certain percentage of the cost of proposed improvements the ADA requirement for the handicapped restroom doesn't apply. e ADA and Its Exemptions Clause The Commission discussed the Americans with Disabilities Act, its exemption clause, and its relationship to the proposed construction. Staff explained the exemption is based on the value of the improvements, building a wall and a concrete patio floor, in relation to the cost of having to put in the restroom. ADA allows the City to determine if the cost of bringing the property up to ADA requirements is excessive. The City's plan check engineer believed this to be true in this case. Property Owner Not Applicant Commissioner Larson asked what's going to happen to a property which the applicant doesn't have any control over? Staff said Rossmoor Center could stop the building. Future Patio Cover Chairman Brown said this request doubles this restaurant's seating area. He asked if the patio would be uncovered? e Mr. Whittenberg said the ADA restroom is tied to the cost of construction. If the patio were permanently covered, those construction costs would trigger the ADA restroom. Any temporary covering would need Planning Commission approval. 4 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e Concern on Code Enforcement Chairman Brown said this reinforces Mr. Clewley's comments about not being able to enforce CUP conditions. If this request is allowed, without the ADA restroom, he had no doubt that in the future somebody will be coming by and covering the patio. He felt that it would be nice if this applicant would include the ADA restroom. Sidewalk Commissioner Yost asked about not wanting to put the sidewalk across the front because it would impact his handicapped parking space -- and yet he doesn't want to build an ADA restroom. Mr. Whittenberg said two different issues are involved here. Rossmoor Center is objecting to the proposed condition for additional landscaping, the additional concrete sidewalk which would join the existing sidewalk. The other issue is the restroom, the applicant's issue. There was a brief discussion on the planter and possible runoff from the planter onto the sidewalk. Public Hearina e Charles Robinson * 12147 Seal Beach Boulevard. Seal Beach Mr. Robinson said if the planter is installed two posts are eliminated. That precludes the handicapped access from the parking space. Staff explained the proposed patio area used to be a drive-thru area. Apparently the posts were installed to stop that. The area in front of the planter is not a spot where handicapped vehicles park. It's an area that's striped blue -- it's used to traverse from a car to the property. There were no other people wishing to speak in favor of or against this application. The Chair closed the Public Hearing. Commission Deliberations Commissioner Larson said he was not clear on the discussion between the applicant and the property owner because he could not see the map. However, if all they're doing is changing blacktop to cement there doesn't seem to be a problem. It seemed all right to him. Director Whittenberg explained there's handicapped accessible parking across the front of all the buildings in that entire strip except for this one location. Staff is suggesting it be put in that one spot also, so a handicapped person could go from one to the other. e 5 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e Commissioner Yost said if the applicant doesn't have to have a handicapped accessible restroom why hot just put up a big brick wall right in front of it and put a regular curb in. Mr. Curtis said that parking space serves two buildings. Chairman Brown indicated a close friend of his is suddenly a quadriplegic. Traveling around with his friend has made him sensitive to the issues of handicapped access. Even as a physician, he used to think some of the restrictions were too stringent and imposed a big penalty on businesses. Having faced those issues with his friend, he has seen how it is a big problem. Public Hearina Re-Ooened Chairman Brown re-opened the Public Hearing to allow the applicant to speak. e Charles Robinson Mr. Robinson said when he originally approached staff about this patio he was told he had to have the ADA-compliant restroom. It would cost $26,000 to add this type restroom. .It will cost $5,000 to add the patio. That would be prohibitive for him and he cannot afford it. He has handicapped patrons and he does everything he can do for them. If he can build this patio and business increases, he could add the restroom later. It's a matter of economics. He's a small restaurant; they're not offering fast food. They cannot make the figures work -- they must increase their volume. Commissioner Yost asked how the new patio would affect existing seating? Mr. Robinson said it would almost double the seating. Commissioner Yost asked how many estimates he obtained for this restroom? Mr. Robinson said a contractor friend gave him the estimate Commissioner Larson said he didn't think the cost to remodel was important. The fact is he would be doubling his business. Measuring the cost of the improvement against the cost of the restroom doesn't give a true picture of how much he'd gain by being able to double his seating capacity. Commissioner Law asked if the City could force this applicant to build a handicapped restroom? Director Whittenberg said the Planning Commission could, if appropriate, require a handicapped restroom to be installed as a part of this request, it could approve the CUP with that additional condition. The applicant can appeal that decision to the City Council. The Chair closed the Public Hearing. e 6 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e Commission Deliberation Continued... Commissioner Yost said while this CUP application comes in under the financial requirements set by the ADA, if another CUP application comes in to cover the patio, would that then be separate or added to the cost of this addition? Are we creating piecemeal additions, such that an applicant could stay away from the ADA requirements? Director Whittenberg said that if, in the future, there is another application to enclose that area (either a temporary or a permanent enclosure) the Planning Commission could look at the situation and make a determination at that time. It would not happen automatically. Commissioner Yost expressed concern that if there are new staff at that time they might not know this. Director Whittenberg said Planning Department staff will automatically review previous cases and actions on a property and this would be picked up. With the discussion in these minutes on this issue of handicapped restrooms, the issue should be very clear to any future staff that may deal with this site in the future. Also, the resolution could state that any future expansion or covering of this patio would require a handicapped restroom. e [Speaking from the audience cannot be heard on the audiotape]. Director Whittenberg said the Planning Department tracks things very carefully. Once in awhile, something will slip through. He discussed the comments, which had just been made. Chairman Brown said there are two ways to look at this --- the cost of the improvement and the function of the improvement. Staff appears to be saying, if this patio is to be covered, then absolutely a handicapped restroom would be required. And if the patio is not covered, the ADA restroom is not required. Yet the function is the same - the number of tables, the number of patrons. Restrooms are especially important in a restaurant. Mr. Whittenberg explained this is the way the ADA was constructed; it gives this particular type of exemption, which is based on the costs of improvement. While the philosophy may not be liked, this is what staff has to deal with. Commissioner Yost asked how staff determined the cost of the restroom renovation? Mr. Whittenberg said there are people staff can call to get very good estimates. The restrooms at City Hall are being considered for handicapped restrooms and e 7 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e they' about $45,000 for two. Therefore $26,000 for one ADA restroom is not high. Commissioner Hood asked what was the additional cost of the original trash enclosure? Mr. Whittenberg said it was a food storage area and he would calculate the cost by the size x a dollar per square foot construction cost. Commissioner Hood said he was looking for the "trigger" and how far we are from the trigger. Mr. Whittenberg said the ADA says if the costs of building the ADA restrooms are more than 5% of the construction costs itself, you don't have to build the restrooms. Commissioner Hood said the food storage area was 109% square feet. Mr. Whittenberg said that would be $60 per square foot - about $6,600 plus other improvements. About $12,000. e Commissioner Hood said what is the "trigger" then? If the ADA restroom is going to cost $26,000 and if it could be mandated under the CUP 97-1 and it's not allowable under CUP 98-6, at $5,000. Mr. Whittenberg said it's a percentage and he didn't recall the figure. He thought it was 5%. Commissioner Hood said 5% of $10,000 isn't very much and it wouldn't have been permitted back then, for CUP 97-1. Mr. Whittenberg said the City has some discretion at this point and "We felt that with everything else that was going on that was a reasonable thing ... at that time". Now, with just a concrete patio and a fence, staff didn't think the restroom was appropriate. "That is a judgement call by staff. You have the option to override that... ". Mr. Curtis said the restroom was added was at the request of the applicant. Subsequently the applicant found out the cost of such a restroom and is now asking the condition be removed. Chairman Brown said he was still in favor of the handicapped restroom, despite the extra expense. e 8 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e [Comments by applicant could not be clearly heard on audiotape because he was not at the microphone. He was expressing concerns that he didn't have the money to build the restroom] Commissioner Yost asked staff that if it's true that initially the ADA restroom was put in the plans at the applicant's request, what are the requirements? When does this restaurant require an ADA accessible restroom and when does it not? Mr. Curtis explained it would be in keeping with what Mr. Whittenberg just explained. Staff did not know the exact percentage figure cut-off. At some point, the cost of building the restroom exceeds a certain percentage of the total improvement. At that point the City could waive the ADA requirement. The applicant cannot be required at this time to install the restroom. If the Commission wants to retain this restroom it should deny this request. That action would leave in force the previous CUP 97-1, which requires the ADA restroom. If the Commission decides to do that, it may wish to explore extending CUP 97-1 putting a three or four-year requirement that at that review point the restroom be added. If he chose not to add the restroom he would be required to tear out the patio and the fencing. e Chairman Brown said Commissioner Hood had just handed him the July, 9, 1997 staff report which said, at item 4, the City's Building Official indicated the expansion of square footage would trigger the need for an ADA restroom. Mr. Curtis said that was the opinion of the building inspector. However, when the applicant appealed that opinion based on the cost, it went to the City's Plan Checker who made the ultimate decision for the City. He determined it was not required and its necessity was not based on the square footage as the building inspector thought. Commissioner Hood asked which statement was right? Mr. Curtis said either one of those opinions is right. It was an opinion of the Building Inspector that the square footage triggered it, u... he was wrong". The belief of the City's Plan Checker was the ADA restroom is not triggered by square footage. Chairman Brown clarified the situation by noting the Building Inspector initially said the ADA restroom was required and the applicant said okay. However, when the applicant looked at the cost he said no, this is much too expensive. Now, the applicant is coming back, skipping the building of the food storage area and building the patio and fencing without the handicapped restroom. e 9 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e Chairman Brown reviewed four ways this application could be handled by the Planning Commission: [J It could be postponed to allow the Planning Commission to study the ADA and be clear on it. [J It could be approved and require an ADA restroom. If so desired, it could be appealed by the applicant to the City Council. [J It could be approved with conditions saying that if there were any further remodeling that it would require an ADA restroom. [J It could be approved without requiring the ADA restroom. He said he would prefer to look at the ADA requirements and have them spelled out more. Charles Robinson Mr. Robinson said he has been back and forth between the Building Department, Planning Department and Planning Commission, getting various opinions. Finally, in March everybody came to the site and discussed the total situation. He asked if there were any objections to his plans and there were none. All the issues, including the ADA restroom, were discussed. Now, ten months later he is still waiting for a patio. He has spent $500 each time he comes before the Commission and he is still at the starting point. For a small businessman this is hard. e Commissioner Hood said if the City erred in making the determination to begin with, it seems it would be up to the City to make some difference. He asked if the attorney could elucidate on the ADA? Mr. Weiner said he could not quote the ADA. He suggested the reason for the different interpretations is most likely that whenever you add square footage is when the ADA requirements kick in. Once the requirements kick in is also when you start determining if a hardship exists. It is not really inconsistent --- what the Building Inspector was saying and what the Plan Checker was saying. The question is now whether the Commission wants to waive the ADA requirement, a discretionary action on the Commission's part. Commissioner Hood asked Mr. Weiner asked if it is possible to grant a CUP with a proviso stipulating that within a certain time period a restroom be constructed? He noted the applicant had stated he could possibly pay for an ADA restroom in two or three years. Mr. Weiner said yes. Mr. Whittenberg agreed, saying the CUP could always be brought back for revocation if the conditions were not complied with. The Chair asked the applicant if that would be amenable to him? e 10 City of Seal Beach Planning Commission · Minutes of April 22, 1998 e Mr. Robinson asked if that would be based on a profit percentage, a certain gross? Davio's next door put on an enclosed patio and they have no ADA restroom. Mr. Whittenberg interrupted, explaining that Mr. Robinson was hearing two different opinions at one time - between staff and the Planning Commission. Davio's can't be discussed at this time because it's a different situation and staff would have to research the issue and come back. Mr. Robinson said his understanding from the City's plan checker is that you can spend 20% for handicapped facilities on any addition. That would put him at about $1000 or $1500 for a $26,000 restroom. Commissioner Yost said his interpretation of this law is that any time you make a major addition, the law says you must make it ADA accessible. The problem is the ADA put in other statements which giye exceptions, such as a hardship exemption, that will allow someone to not put in a restroom. The spirit of the law is such that if you do a major addition, such as doubling your seating area is a major addition; an ADA restroom should be part of it. Mr. Robinson commented on his understanding of the ADA percentages. e Mr. Whittenberg advised the Commission to close the discussion with the applicant. The Chair closed the Public Hearing. Commission Deliberations Continued... Mr. Whittenberg summarized the four options before the Commission: lJ To accept staff's recommendation and approve the CUP as presented, dealing with the sidewalk and the landscaping and not requiring the ADA restroom; lJ To approve the application, require an ADA restroom with a sunset clause stating when that work would have to be completed. lJ The Commission could also consider not adding a completion date. lJ Continue the matter for further discussion on ADA. Commissioner Law said she would like to see the applicant approved as presented. She said the applicant would have to make the money before he can afford the restroom. If the City doesn't afford him the opportunity to make the money the restroom will never be built. The applicant has stated he will go broke if he doesn't have the added capacity. e 11 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e Commissioner Larson said Federal regulations are generally onerous, unfair and illogical. This is an exception that's permitted, the Commission then does not have to go beyond it. He was willing to support the staff recommendation. Commissioner Yost said he understands the ADA to say that if you make a large addition to a business you are required to bring it into ADA compliance. This applicant would be doubling his seating capacity - going from 12 tables to 24 tables. He had a problem with not following the spirit of the law. He felt it would be a fair compromise to allow him some time to comply. Chairman Brown agreed with Commissioner Yost. There are two ways of looking at this issue. He was very sympathetic with Commissioner Law's view that it may be putting the cart-before-the-horse to require the restroom before you make the money. But in this case, if he were making an addition to the restaurant such as an addition with four walls and a roof, this discussion would not be occurring at all. Yet the function is the same. The patio is increasing the capacity of the restaurant. The spirit of the ADA law says that if you have something that's pre- existing fine, but when you do a major expansion you must come into ADA requirements. This is something the Commission would do with other buildings in the City. He would agree to give the restaurant time to flourish and to do the restroom at a time in the future. He was unsure how this would be enforced. e MOTION by Hood; SECOND by Yost to approve CUP 98-6, through the adoption of Resolution No. 98-12, with the proviso that handicapped-accessible restroom be built and completed within thirty-six (36) months and with all Conditions of Approval as set forth in the staff report. The 36-month period will begin on the date, which the Yucatan Grill is able to use the new facility and is earning income on the expanded area. MOTION CARRIED: AYES: NOE: 4-1-0 Hood, Yost, Brown, Larson Law Mr. Whittenberg said Resolution No. 98-12 would be brought back to the Planning Commission at the May 6th meeting for final review. He advised the applicant that Resolution No. 98-12 would be reviewed on May 6th, if approved by the Commission the ten-calendar-day appeal period to the City Council will begin. e 12 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e 3. Height Variation 98-2 519 Ocean Avenue" Staff Report Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for inspection). The applicant, Alan Harbor, proposed building an unenclosed cupola in excess of the 25' height limit along with his plans to build a new single family dwelling on the property. Mr. Curtis provided the Commission with revised cupola plans tonight. Originally the applicant proposed a cupola that matched the front of the house. The revised cupola is reduced 3' on each side. The revised plans are 31' in overall height instead of 29' in overall height. The added height is due to another architectural feature on the very top of this cupola. Commission Questions to Staff Commissioner Yost asked what staff's recommendation was? e Mr. Curtis said the staff report suggested "Pleasure of the Commission" instead of "Approval" because staff was not sure the Commission would favor a 14' wide cupola. Now, because the cupola is smaller, staff is in favor of approving the application. Commissioner Larson asked what "non-habitable" meant? Mr. Curtis said that's a building code definition of habitable space. Because this cupola doesn't have walls, that prohibits it from being habitable. Chairman Brown asked for the square footage? Mr. Curtis said the largest diameter is 8' but he didn't know the formula to figure octagonal buildings. Commissioner Yost said the formula is II R2. The Commission determined it's about 48 square feet. The Commission noted the maximum square footage for a CRAS is 64 sf. Public Hearina Alan Harbour * 229 7th Street. Seal Beach Mr. Harbour said this is strictly an architectural feature. He is trying to build a Cape Cod-style and this cupola is typical of that type of construction. He would have to change the whole design of the house if he didn't get the cupola approved. e 13 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e Commissioner Yost said generally the Planning Commission, when considering CRASs are allowed for roof access, to cover the stairs, and for safety and convenience reasons. This is something very different because it's in the middle of the roof to the front. It's meant to be seen and used. It's meant to be used for parties, to be habitable but not in a room sense. It's not typical of what the Commission has allowed in terms of CRASs. The City has been very protective of the height limit. Mr. Harbour said he understood the height limits but one of the problems with the height limits is that they severely limit the types of architectural design features homeowners can install. Pretty soon all the houses look the same. He noted that most all the homes in the Old Town area of Seal Beach have roof decks. Lvnn Yuerka * 6th Street. Seal Beach Ms. Yuerka opposed the application saying she would lose her ocean view. Noting that everyone has a right to build a house, nonetheless she would lose her view of Catalina Island with the extra height of the proposed cupola. Rebuttal Mr. Harbour said this cupola isn't really that large and it's open all around except for the 42" railing, 8 posts and a roof. It doesn't obstruct that much. e The Chair closed the Public Hearing as no one else wished to speak. Commission Deliberations Commissioner Law said she was in favor of the application as presented. Commissioner Larson had no comments. Commissioner Yost said he had concerns. A Height Variation is to allow things to happen in a minimalist fashion and this is more of a grand statement. This concerns him. The City has an established height limit and the architects should stay within those limits. If this application were approved, the City would see many applications for these cupolas. This would be setting a precedent and he was against this application. Chairman Brown agreed with Commissioner Yost's comments. He felt the height limit should be maintained. He felt someone might apply for a cupola enclosed with glass, saying it didn't block the view as you could see through it. This is a grand statement and it is too high. It would set a precedent. He would vote against it. Commissioner Hood said this is not a CRAS. The code allows CRASs. e 14 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e Mr. Whittenberg said the zoning code allows Height Variations for a number of types of structures such as spires, towers, cupolas, etc. This application falls under the term "architectural feature" and it is not a CRAS. The minimal size requirements used for CRASs don't apply to this type use. There are three findings the Commission needs to be made to approve this type request. They are the same findings needed for a CRAS: tJ Whether such variation is appropriate for the architectural style of the building; tJ Whether such variation is appropriate for the character and integrity of the neighborhood; tJ Whether such variation impairs the primary view from any property located within 300' ... Chairman Brown said he and Commissioner Yost were saying this is not appropriate for the character and integrity of the neighborhood. He did not mean to imply this is a CRAS. Commissioner Law asked if the Commission approved a scaled-down cupola in Surfside, which was within the height limit? Staff said yes but that was a CRAS. Mr. Curtis said the Commission could suggest scaling-down this cupola. e Commissioner Hood discussed the definition of "non-habitable". Mr. Whittenberg said this is non-habitable because it has no walls, no heating. MOTION by Yost; SECOND by Hood to deny Height Variation 98-2 through the adoption of Resolution No. 98-13. MOTION CARRIED: AYES: NOES: 3-2-0 Yost, Hood, Brown Larson, Law Mr. Whittenberg said staff will bring Resolution No. 98-13 back for final review by the Commission on May 6, 1998. The ten-calendar-day appeal period will begin once the resolution is signed. 9. Conditional Use Permit 98-8 12161 Seal Beach Boulevard Champs Restaurant e Staff Report Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for inspection). The applicant, mark Griffin, sought after-the-fact approval for a drive-through window at Champs restaurant. 15 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e Mr. Curtis pointed out that when this building permit was issued in 1992 it was issued without Planning Department staff catching the fact that it was changing the restaurant to a drive-through restaurant. He noted that mistakes do get caught eventually! He thought it might have taken six years because the drive- thru has co-existed without problems. Commission Questions to Staff Commissioner Larson said he has been through drive-thru windows for years but this is the only drive-thru window where the window is not on the driver's side. Chairman Brown asked if staff would have recommended approval had it come before the Planning Commission in 1992? Mr. Curtis said yes, staff would have recommended approval but would have run the request through the Police Department and the ABC. Public Hearina The applicant was not present. There were no persons who wished to speak either in favor of or against this application. The Chair closed the Public Hearing. Commissioner Deliberations e MOTION BY Yost; SECOND by Hood to approve Conditional Use Permit 98-8 through the adoption of Resolution 98-14, subject to Conditions of Approval. MOTION CARRIED: AYES: 5-0-0 Yost, Hood, Law, Larson, Brown Mr. Whittenberg indicated the ten-calendar-day appeal period would begin tomorrow. Commission Concerns Hearina Schedules Commissioner Hood said the Planning Commission does not want to repeat the prior tromping on the EQCB's calendar. He asked the Planning Commission hearings on the Bixby project proposals be scheduled to take place after the EQCB has completed all their deliberations. e Mr. Whittenberg explained staff has prepared a tentative time schedule for consideration of the EIR and hearings before the Planning Commission and City Council on the development proposals. The schedule is for the Planning Commission hearings to start June 17, 1998. The EQCB will still be considering the FEIR during that time. The City has entered into a Memorandum of Understanding (MOU) which says the City shall expedite the application. This 16 City of Seal Beach Planning Commission * Minutes of April 22, 1998 e schedule has been reviewed by the City Manager's Office and at the direction of the City Manager, this is the schedule staff is working on. Commissioner Hood said "The last I understood, we set our own agenda, it is not set for us. And I would decline, respectfully decline, to consider a matter before the EQCB had finished". Mr. Whittenberg indicated that that is an issue the Planning Commission may need to deal with. But the Commission needs to understand the City Council has indicated that this project will be expedited through the hearing process as much as possible. Commissioner Hood said that may be, but there is a motion which comes before us every time for the preparation of the Agenda. Would it be appropriate to try a Motion on how the Planning Commission schedules these matters. Mr. Weiner said because the subject is about scheduling items on future Agendas there's an exception to the Brown Act; the Commission can discuss it. Making new policy would be more appropriately addressed on an Agenda. [Mr. Weiner's comments could not be heard on the audiotape). e Chairman Brown said the EQCB was quite mad at the Hellman scheduling. He noted however that the EQCB and the Planning Commission are both advisory bodies to the City Council. The Council will get both reports and will act as they feel appropriate. Commissioner Yost said the Planning Commission's recommendation to the City Council might be swayed by what the EQCB has to say. Mr. Whittenberg suggested the Commission might wish to request staff to put an item on the next Agenda for consideration discussing the time schedule. The Council can then be made aware of the Commission's concerns. The Council can then direct staff. Commissioner Hood said his whole point was to not contradict City staff. The wisest thing to do is to say in advance that the Planning Commission does not wish to take up the Bixby question until the EQCB has concluded. Commissioner Larson said he would never vote for that. He stated that he did not think the Planning Commission should be at the mercy of another commission. That would place the Planning Commission in a spot where if they were sitting around doing nothing or delaying for reasons the Commission felt were improper, this Commission could not exercise its jurisdiction. e 17 City of Seal Beach Planning Commission · Minutes of April 22, 1998 e Mr. Weiner said at this point the Commission is discussing substantive matters, not just whether or not something will be placed on a future agenda and suggested it be agendized. Commissioner Hood asked this be placed on the next Agenda under Scheduled Matters. Yucatan Grill Vote Commissioner Law said the Planning Commission has no idea what it's like to run a little, tiny restaurant and make a profit. To some, $26,000 may not be a lot of money but to a small restaurant owner it's a big problem. . Chairman Brown said the restaurant owner has an existing restaurant, which he can operate as it is. But, he wants to'expand his business, to double the size. The Planning Commission compromised and allowed him three years in which to build the ADA restaurant. Commissioner Law said three years is not enough time in a small restaurant. Mr. Weiner interrupted saying this matter can be discussed at the next meeting when the resolution is brought back. e District 3 Plannina Commissioner Commissioner Yost said he is still looking for a person to replace him on the Planning Commission. He has three candidates so far but would like to have more to talk to. La Miraae Restaurant Commissioner Yost said the Long Beach City Council denied an entertainment permit based partly on this City's input. This would affect the City of Seal Beach at the area of the Seal Beach Trailer Park and the Riverbeach townhomes. Commission Struaales with Decisions Chairman Brown noted tonight's votes, which may not have been popular with the applicants. He said he was proud of the Commission because there was thorough discussion. He felt the Planning Commission does its best and discharges its responsibilities as best it can. e Comments re Duaaan Chairman Brown commented on candidate Duggan's latest flier, which was distributed around Old Town. The flier stated the Planning Commission had voted to build a large parking garage on the 8th Street lot. "This is a complete distortion of the facts and demonstrates ignorance of the Planning process. If Mr. Duggan had bothered to read the minutes of the meeting before he shot off his mouth, he would find out that the Planning Commission voted on a menu of 18 City of Seal Beach Planning Commission · Minutes of April 22, 1998 e options to be presented to the City Council. The vote was not for a parking structure. While all of the Commissioners felt a parking structure would be extremely unlikely to be built, it was included for cost comparisons to allow the City Council to have all the facts at their disposal. These distortions of the truth by career politicians like Matt Duggan who gives '" government a bad name. His continuing lack of honesty in dealing with the issues and shameless self- promotion is why I would never consider supporting him. And I bring this up because I strongly resent that flier and its distortions. I think that the vote was clear. The discussions were clear. It was a complex issue. And again, I think the Planning Commission did a good job of discussing the issue and I resent it when someone takes a vote out of context or takes issues out of context just for their own self promotion. Again, we're all citizens, we're all residents here. We do the best job that we can". Commissioner Hood said U Aw, you're too sensitive Brian. What do you expect from a guy who's proudest moment was plea bargaining an insurance fraud charge?" Chairman Brown said "Yes, most people go to jail for that one". tit Difficult Votes Commissioner Yost said that it is difficult to vote against an applicant and it's not an easy thing to do. He thought the Commission does the best job it can. Commissioner Larson said if the Commission didn't have to vote against applications from time to time, there would be no reason for the Planning Commission's existence. Adiournment The Chairman adjourned the meeting at 9:25 p.m. Respectfully Submitted, ctc2) Joan Fillmann Executive Secretary . - - Approval: The Planni~g c:;ommission Minutes of April 22, 1998 were approved on May -LA-~ 998. ~ tit 19 Rossmoor BUShil<8SS (:(8!1'ilier a Tradename of Century National Properties, Inc 12121 Seal Beach Boulevard Seal Beach, California 90740 (562) 430-0211 Fax (562) 799-0449 J. Brian Gibbons Vice President April 20, 1998 CITY OF SEAL BEACH PLANNING COMMISSION 211 Eighth Street Seal Beach, California 90740 RE: CUP HEARING 98-6 - APRIL 22, 1998 CHARLES ROBINSON/4 AMIGOS . 12147 SEAL BEACH BOULEVARD SEAL BEACH, CA 90740 e Dear Honorable Chairman and Planning Commission: Rossmoor Business Center, as owner of the above captioned property, would like to make this request to except conditions No.' s 26, 27, 28, and 29 of the staff report dated April 22, 1998, as relates to the extension of a concrete walkway and installation of a triangular landscape planter and associated irrigation.. It should be noted that these installations are outside the area that is being proposed for the restaurant leRse (Ind is common area mllint::\ined by the Landlord. The existing van accessible HC parking stall aisle (not shown on the proposed plan) and the hardscape transition between the adjoining buildings is required to meet our ADA path oftnivel, and I do not want to modify that area. I can appreciate staff's aesthetic concerns, but my experience with small "tack on" planters and irrigation run off adjacent to a sidewalk imposes additional safety liability to the Landlord, and I don't think it is necessary. The restaurant will be installing and maintaining its wall mo.unted planter boxes, on the new addition, as well as potted plants in th~ hardscape in an attractive manner. Therefore, it is not necessary to impose the subject conditions upon this application approval. .- ..... .. . ::.::' ~ I ~ ~ W .". ~ --- J "'W- ~ IT . ':.:-: .. ...... --- -. ~.......-. - ....... :: ..' , . --- ~ e CITY OF SEAL BEACH PLANNING COMMISSION April 20, 1998 Page Two Thank you for your consideration. Sincerely, ~B~~ Vice President ffiG:mm cc: Charles Robinson, 4 Amigos e -e