HomeMy WebLinkAboutPC Min 1999-07-07
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City of Seal Beach Planning Commission · Agenda of July 7, 1999
City of Seal Beach Planning Commission
July 7, 1999 Agenda
I.
PLEDGE OF ALLEGIANCE
II.
ROLL CALL
AGENDA APPROVAL
III.
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 June 23, 1999.
VI. SCHEDULED MATTERS
2. Adoption of Resolution 99-18 denying Minor Plan Review 99-5
24 Cottonwood Lane
Applicant/Owner:
Address:
Request:
Structural Consultants, Inc. / Seal Beach Associates, LLC.
24 Cottonwood Lane
Architectural review of a new two-story cabana at 24 Cottonwood
Lane. The proposed structure will provide a total of 1,162.5 square
feet of living area.
VII. PUBLIC HEARINGS
3. Conditional Use Permit 99-3 (Continued from June 9, 1999)
140 Main Street
Applicant/Owner:
Business:
Request:
Brian Kyle
O'Malley's On Main
To permit a fully enclosed, uncovered outdoor dining area of 340
square feet at the rear of the existing restaurant structure between
the restaurant and an existing detached two-car garage/apartment
above structure, in accordance with the provisions of Section 28-
1251.1.c.
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City of Seal Beach Planning Commission · Agenda of July 7, 1999
Recommendation: Approval subject to conditions, and adopt Resolution No. 99-7
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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City of Seal Beach Planning Commission. Agenda of July 7, 1999
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1999 Aaenda Forecast
JUL 07
JUL 21
AUG 04
AUG 18
MPR 99-6 , 1100 Ocean Avenue
SEP 08
SEP 22
OCT 06
OCT 20
NOV 03
NOV17
. DEC 08
DEC 22
TO BE SCHEDULED:
o
o
o
o
Study Session:
Study Session:
Study Session:
Staff Report:
Permitted Uses and Development Standards in Commercial Zones (5/6/98)
Seal Beach Boulevard (10n/98)
Anaheim Bay Villas (10n/98)
Undergrounding of Utilities
And Beyond
Calendar: CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan GrilQ Review (April 2001)
ADA handicapped-accessible restrooms (April 2001)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of July 7, 1999
Chairman Brown called the regularly scheduled meeting of the Planning Commission to
order at 7:30 p.m. on Wednesday, July 7, 1999. The meeting was held in the City
Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairman Brown
Commissioners Cutuli, Hood, Larson, and Lyon
Also
Present: Department of Development Services
Lee Whittenberg, Director
Michael Colantuono, City Attorney
Mac Cummins, Assistant Planner
Absent: None
AGENDA APPROVAL
Mr. Reg Clewley: uRemove Item 1 from Consent Calendar"
MOTION by Hood; SECOND by Larson to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Larson. and Lyon
None
None
ORAL COMMUNICATIONS
Chairperson Brown opene~ oral communications.
None.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Minutes of July 7, 1999 Meeting
CONSENT CALENDAR
Mr. Reg Clewley: "Hi, I'm Reg Clewley and the minutes do not accurately reflect what
was stated at the last meeting. Comments attributed to a Ms. Corbin are excluding a
number of statements she made, ahh, which should be entered into the record as part
of a transcript. The minutes are prepared by a our, a new Executive Secretary, Carmen
Alvarez, and perhaps it's that she has not been on the job very long, that ahh, there
were many important comments made throughout the last meeting, which are
deliberately being removed from the minutes of the last meeting to cast staff in the best
light possible. Now, in addition to the comments which were not attributed as they
should have been to Ms. Corbin, there are my own comments and, ahh, references I
made to the City, ahh, regarding the City Attorney that have been completely omitted
from these minutes. Ahh, there is no notation, in fact half of the, ahh, minutes seem to
reflect an interruption of my comments, as the Commission should be well aware, I was
interrupted in the middle of my comments, ahh, which is illegal, by a member of Staff
who went on to make much light, ahh, make much about a supposed implication that I
may have or may not have made. The fact is that my comments were interrupted.
Now, under the Brown Act I have the freedom to speak uninterrupted during my, per
they, denigrating remarks, as Mr. Whittenberg chooses to make, should be made during
that time available to him during, ahh, Staff Concerns or Commission Concerns. There
are avenues for Mr. Whittenberg to make comments.
There is also a call here in the minutes for a Grand Jury investigation, and the minutes,
ahh, this is under Commission Concerns, this is a Commissioner Larson calling for a
Grand Jury investigation, and the minutes nowhere reflect Mr. Larson called me a
'S.O.B,' which is, and he used the full spelled out word, which I consider a defamation
and I hereby call for and request a Grand Jury investigation into these denigrating
remarks by Commissioner Larson.
The minutes of the last meeting are inadequate as provided to you by Staff, and a
transcript would be best inserted in your place considering that you may be talking to a
Grand Jury investigation here, and, in fact, I see we've got a new City Attorney I have
never met and who has no't been introduced here before this evening. I called for a new
City Attorney and this person is employed by the same law firm as some 35 other cities
in the general area. We should know who's working for the City. But the minutes as
written and reflected in the minutes to be approved are inadequate. A transcript should
be inserted in their place."
Chairperson Brown stated that Staff could include Mr. Clewley's comments verbatim as
an attachment to the minutes of the Planning Commission meeting.
Mr. Whittenberg asked to verify that the Commission was requesting a verbatim
transcript of all of Mr. Clewley's comments throughout the meeting. Chairperson Brown
responded that all that was necessary was a verbatim transcript of Mr. Clewley's
comments at tonight's meeting, but that no changes would be made to the minutes
awaiting approval.
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City of Seal Beach Planning Commission
Minutes of July 7, 1999 Meeting
Chairperson Brown asked if a video recording of the Planning Commission meetings
was kept on file. Mr. Whittenberg responded that an audio and video tape recording
was made at every Planning Commission meeting. He said that once the minutes for
each meeting were approved, the audiotape was erased, but the videotape was kept on
file in the Development Services Department. Chairperson Brown inquired as to how
long the videotapes were kept. Mr. Whittenberg responded that the videotapes were
kept for several years-how far back he could not recall. Chairperson Brown stated that
he was less in favor of a transcript of the minutes and felt that a summary of the
proceedings was sufficient. He also stated that it made no sense for Staff to transcribe
the audiotape minutes verbatim if videotapes of the meetings were made. Mr.
Whittenberg responded that this had been the accepted method for preparing minutes,
summarizing the basic comments presented during the meetings as adequately as
possible. He stated that the Commission's previous approval of the minutes confirmed
that the Commissioners were in agreement with the format.
MOTION by Hood; SECOND by Larson to approve the Minutes as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
SCHEDULED MATTERS
5-0
Brown, Cutuli, Hood, Larson, and Lyon
None
None
2. Adoption of Resolution 99-18 denying Minor Plan Review 99-5
24 Cottonwood Lane
ApplicanUOwner:
Address:
Request:
Structural Consultants, Inc. I Seal Beach Associates, LLC.
24 Cottonwood Lane
Architectural review of a new two-story cabana at 24
Cottonwood Lane. The proposed structure will provide a total of
1,162.5 square feet of living area.
Chairperson Brown asked if this item should have been placed on the Consent
Calendar. Mr. Whittenberg stated that Staff wanted to ensure the Commission had the
opportunity for discussion without having to remove this item from the Consent
Calendar. He said that if there were no changes, it would be appropriate to adopt
Resolution 99-18 as presented.
MOTION by Cutuli; SECOND by Lyon to adopt Resolution 99-18 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Larson, and Lyon
None
None
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City of Seal Beach Planning Commission
Minutes of July 7, 1999 Meeting
Chairperson Brown indicated that it would be appropriate to introduce Mr. Michael
Colantouno, who was attending the meeting on behalf of the City's legal counsel. Mr.
Whittenberg introduced Mr. Colantouno, stating that he had been with the firm for 10
years and that his first assignment had been to serve as Planning Commission Attorney
for the City of Seal Beach back in the early 1990's for approximately 3 years. Mr.
Whittenberg stated that Mr. Colantouno was "pinch-hitting" tonight for Mr. Quinn Barrow,
who is on vacation.
Mr. Whittenberg advised that the adoption of Resolution 99-18 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
PUBLIC HEARINGS
3. Conditional Use Permit 99-3 (Continued from June 9, 1999)
140 Main Street
ApplicanUOwner:
Business:
Request:
Brian Kyle
O'Malley's On Main
To permit a fully enclosed, uncovered outdoor dining area of
300 square feet at the rear of the existing restaurant structure
between the restaurant and an existing detached two-car
garage/apartment above structure, in accordance with the
provisions of Section 28-1251.1. c.
Approval subject to conditions, and adopt Resolution No. 99-7
Recommendation:
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He reminded the Commissioners that this was a matter that had
previously been presented to the Planning Commission and stated that the initial
determination of the Commission had been to deny the request to permit a fully
enclosed, uncovered outdoor dining area located to the rear of the building. The
applicant had at that time proposed to pay the fee of $3,500 per parking space in
accordance with the City's parking program. Mr. Whittenberg stated after the
Commission's decision to deny this request, Staff had prepared a Resolution for
adoption to reflect this denial. The applicant had then approached the Commission
requesting to revise the application and return with a request for provision of parking
within 300 feet of the property, in accordance with the provisions of the Main Street
Zoning Regulation. Mr. Whittenberg stated that this was the request before the
Commission this evening.
He presented photographs of the proposed patio located at O'Malley's On Main Street,
140 Main Street, to be used for food service and dining purposes. He described it as a
fully enclosed, unroofed, 300 square foot patio to the rear of the building. Seating for 28
people is proposed, and under the City's parking standards of 1 parking space per 100
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City of Seal Beach Planning Commission
Minutes of July 7, 1999 Meeting
square feet of floor area, this area would require 3 parking spaces. The property is
approximately 5800 square feet in area with the restaurant approximately 3500 square
feet. Immediately behind the property, above a garage structure, is a residential unit.
Surrounding land uses include commercial business to the north, south, and west. To
the east is single and multiple family housing (RHD). Conditional Use Permit 99-3 is
consistent with the surrounding land use element of the Main Street Specific Plan Zone.
After reviewing the application, the only concern of the Chief of Police was possible
noise from smokers stepping outside the restaurant, but because the patio will be fully
enclosed, it was felt that this would not be a problem.
Mr. Whittenberg stated that previous applications had been approved on this property,
which are detailed in the Staff Report. He stated that in 1984 Variance 84-14 was
approved for a restaurant in this particular building, which at that time was Hennesey's
Restaurant. The variance was approved without the required number of parking
spaces, and Conditional Use Permit 84-18 was approved for the on-site sale of
alcoholic beverages. In 1986 an application was submitted for approval of live
entertainment at this location, and was subsequently denied.
As part of the current request, the applicant has entered into an agreement to provide
parking in 3 of the 13 parking spaces in the parking area along the alley at 138 8th
Street, which are owned by Grace Community Church. Mr. Whittenberg described the
methods allowed through the Main Street Specific Plan for providing parking for
businesses within the Main Street area.
1. Provide required parking on the property itself.
2. Provide parking within 300 feet of the subject property. (The parking lot of the
church is within 250 feet of O'Malley's.)
3. Participate in the City's inland parking program. (Previously proposed by the
applicant and denied.)
Photos of the church parking area were presented for viewing by the Commission. Staff
reviewed the scheduled usage of the parking spaces on Sundays by Grace Community
Church as obtained from the Pastor. Through Coastal Commission approval seven of
the church's thirteen parking spaces are currently obligated under an agreement with
Hennesey's to be available for customers and employees of Hennesey's. It was noted
that Sunday mornings would be the one time when parking spaces would not be
available for use by patrons of O'Malley's or Hennesey's. Because most of the
businesses on Main Street are closed on Sunday mornings, Staff believes that there
would be sufficient parking on the street or in other parking lots to accommodate
patrons of Main Street restaurants during this Sunday morning time period.
One of the conditions for approval proposed by Staff is that a lease agreement
approved in a form acceptable to the City Attorney's office be prepared to ensure that it
contains some of the cOr;1ditions for approval as designated by Staff. Also, Staff is
requesting that the applicant submit a plan for a parking utilization program to ensure
that employees are regularly parking in leased spaces at the restaurant. The
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City of Seal Beach Planning Commission
Minutes of July 7, 1999 Meeting
applicant's failure to comply with this program would result in the matter being brought
before the Commission for possible revocation of use of the patio area.
Applicant proposes to provide seating on the patio for 28 persons. Staff believes that 3
parking spaces for 28 customers is not practical and would create an over-concentration
of use. Staff is recommending that patio seating be limited to 18 persons.
Referring back to the approval of Variance 14-84, Mr. Whittenberg informed the
Commission that City records were unclear as to why certain documents that should
have been recorded were not, and covenants that should have been prepared were not
prepared. Mr. Whittenberg explained that Variance 14-84 was approved by the
Planning Commission in late 1984 and was appealed by the City Council. A Public
Hearing was held in early 1985 at which time the City Council denied their appeal and
approved the Variance with the same conditions that the Planning Commission had
approved. Staff then reviewed these conditions for the Commission as follows:
1. Applicant was to obtain a written authorized parking agreement for the annual use of
18 city owned parking spaces at a fee of $100 per space per year for participation in
this program.
2. Covenant to be recorded on the title of the property requiring the 18 parking spaces
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be used for the restaurant.
3. An additional covenant to be recorded indicating that 6 tandem parking spaces
would be provided at 136 and 136 ~ Main Street for restaurant use.
Staff pointed out that the parking agreement had been signed and executed for 23
parking spaces, not 18, and that neither of the covenants had been recorded with the
City.
Atter approval of the Variance by City Council the applicant was required to acquire
approval from the California Coastal Commission due to the new use of the building on
the property. The Coastal Commission did not accept the City's conditions for approval,
but did approve the application with the requirement that the applicant had to provide 30
additional parking spaces in the beach parking lot adjacent to the pier. In April 1985 a
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letter from the City Engineer's office was forwarded indicating that the parking spaces
had been provided at which time the Coastal Commission approved the application.
The applicant then signed an agreement to provide 23 parking spaces under the inland
parking program and pay! a fee of $100 per space per year. Since approval of this
application there have been two subsequent compliance reviews of the conditions of
approval, in February 1986 and April 1986. The only original condition of approval that
was not specified at the time of the April 1986 review was that the garage doors should
have been removed from the garage area of the residential unit behind the restaurant.
Although there is no documentation of the covenants having been recorded by the City,
Staff was able to contact Mr. John Baucke, who served as Director of Development
Services for the City of Seal Beach in 1986. Mr. Baucke recalled that when the project
went to the Coastal Commission, the Commission required a provision of 30 new
parking spaces within the Main' Street area. Mr. Baucke's recollection was that the
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City of Seal Beach Planning Commission
Minutes of July 7, 1999 Meeting
covenants were not recorded because the City felt there was more than enough
parking. When asked why this information was not recorded, Mr. Baucke stated that at
that time the City was eager to have this new restaurant, as there were many vacant
businesses and the City felt that this would create the impetus for improving the image
of Main Street. Staff also contacted Mr. Allen Parker who was the City Manager at that
time, and his recollection was basically the same as Mr. Baucke's.
Staff is of the opinion that because the City accepted the provision of the 30 parking
spaces in the beach parking lot as meeting the City's requirements, verified by the lease
document which includes the 18 spaces plus 5 spaces of the 6 at the tandem area to
equal 23 parking spaces. Also, in the acceptance letter the City indicated that 30
spaces were physically provided in the beach parking lot, and accepted those spaces.
Finally, the compliance reviews in 1986 did not raise the issue of the covenants not
being recorded in compliance with the City Council conditions.
Based upon this information, Staff recommends approval with a number of conditions
including a 6 and 12-month review period to ensure that the patio area is being used in
accordance with the conditions recommended. Staff feels that the proposed use is
consistent with the surrounding land use, specifically the Main Street Specific Plan,
which encourages outdoor dining within the Main Street area. Mr. Whittenberg pointed
out that because this outdoor dining area would be at the back of the restaurant rather
than at the front like most of the other restaurants on Main Street, this would eliminate
the concern for patrons passing alcoholic beverages to passersby on the street. Given
the buffering effect of the other buildings within the general area, Staff feels that a patio
at this location could work and not be a detriment to the area. The building and property
are adequate in size, shape, topography, and location to meet the needs of the
proposed use.
Mr. Whittenberg summarized the conditions for approval as follows:
1. Dining area will be enclosed on all four sides with access only from the front door of
the restaurant.
2. Maximum capacity be reduced from 28 persons to 18 persons.
3. Applicant record a covenant for the properties at 136 and 136 % Main Street for the
5 tandem parking to require that those spaces be provided for use by the restaurant
in accordance with the earlier condition of the City Council.
4. Applicant will draft an agreement acceptable to the City Attorney's office to formalize
the agreement between the applicant and Grace Community Church to provide 3
parking spaces.
5. Applicant must establish a parking utilization program that would require approval by
the Department of Development Services before beginning to use the patio area.
6. Operating hours for the patio will be the same as for the restaurant, 7:30 a.m. to 1 :30
a.m., with no food or beverage service provided to customers in the patio area after
11 :00 p.m. After 11 :00 p.m. patrons would be required to physically walk back into
the restaurant to order beverages to take back to the patio, if they so desired.
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City of Seal Beach Planning Commission
Minutes of July 7, 1999 Meetmg
7. No ingress will be permitted to the outdoor dining area from the alley at the rear of
the restaurant.
Commission Questions to Staff
Commissioner Cutuli asked if the spaces inside the garage would be considered
restaurant parking spaces. Mr. Whittenberg said that they would. Commissioner Cutuli
asked if the spaces would be used exclusively for employee parking. Mr. Whittenberg
responded that Staff was not specifying exclusive use for employees but anticipated
that employees would more readily use these spaces than customers would.
Commission Lyon asked if there was a plan of the outside seating area. Mr.
Whittenberg indicated that it could be found in the Staff Report as Attachment 4 after
Page 28. He also reminded the Commission that Staff was recommending seating for
18 persons rather than 28, as originally requested by the applicant.
Chairperson Brown asked,if a copy of the lease was included with the Staff Report. Mr.
Whittenberg identified it as Attachment 1, but noted that the copy had been
inadvertently omitted, and stated that he had the original copy and would pass it to the
Commissioners for review. He stated that this was an indefinite lease until the church
decided to discontinue it. It is for this reason that the City is requesting from the City
Attorney's office a draft of an agreement that provides for 60-days notification of intent
to terminate the lease. Commissioner Larson noted that the City did not have a contract
with Grace Community Chiurch and should they terminate the lease, the applicant would
then be in violation of the conditions of approval. Mr. Whittenberg responded that as
the condition reads, should the applicant lose the right to the 3 parking spaces, then use
of the patio would have to be discontinued. Commissioner Larson remarked about the
agreement for parking between the church and Hennesey's. Mr. Whittenberg stated
that this was an entirely different and potentially more serious situation should loss of
parking occur. He noted that several other Main Street businesses had parking
agreements with other chu'rches in the city.
Chairperson Brown asked for clarification on the tandem parking spaces. Mr.
Whittenberg responded that originally there were 6 spaces, but that when a storage
shed was built, one of the parking spaces was lost. Staff has not found copies of the
building permit for this shed. Mr. Whittenberg noted that the original parking agreement
was for only 23 spaces, and because no one remembers the circumstances of the
agreement, Staff has determined that it was for the 18 parking spaces plus the 5
tandem spaces.
Chairperson Brown proceeded to read letters addressed to the Commission from
Rosann Rosandich and Ronald Molinari, residents of Seal Beach, endorsing approval of
the application for the outdoor dining area.
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City of Seal Beach Planning Commission
Minutes of July 7, 1999 Meetmg
Public Hearina
Mr. Brian Kyle, the owner of O'Malley's stated that he recalled that the original condition
had been to provide 30 parking spaces. He stated that he had the building behind the
restaurant torn down to create the 6 tandem parking spaces. He stated that he never
thought it was an issue as he had provided the 30 parking spaces. Mr. Kyle stated that
he would like to petition for approval for seating of 20 people rather than 18 so that he
could use 4 persons to a table seating at the 5 tables on the patio. Chairperson Brown
asked if the neighboring business, Cinnamon Productions, had any parking in the area.
Mr. Kyle responded that they did not.
Mr. Reg Clawley: "Hi, I'm Reg Clewley. The church doesn't have any parking to rent.
This Conditional Use Permit is not a conditional use permit, it is an expansion on
Variance 84-14 and as such it should be considered as a Variance and re-noticed. This
is actually a shell game that we have going on down here at Grace Community. Grace
Community doesn't have any parking. They've unlawfully leased 10 parking spaces to
Hennesey's. Their tax-exempt status is at serious risk for converting use of the property
for business purposes. This is not a church activity. The church is required to lease
parking spaces from the City that he gets over here across the street. Eighteen spaces
or some such. They had 13 spaces there to start with, which was not enough parking.
The church didn't have any parking to lease when they leased it to Hennesey's and they
don't have any parking to lease to Mr. Kyle. It's simply a walnut shell game. Look,
look, look, and you don't see it; we don't have any parking. See, the parking provided,
the 30 spaces provided down on the beach, this is supposed to be public parking. This
is vacant public parking. Those spaces down on the beach have not never been used.
It's vacant because there is a $5.00 charge to go down there and park at the beach.
This is not public parking, this is not rent stall parking, this is pay per parking,
administered by the City as long as the City is getting a few extra bucks they seem to
think it's great. It doesn't do anything for the residents of the City, whose streets, like
7th Street, up on 9th, no one can follow the directions as they are covered up with the
cars that are supposedly accounted for, one way or another with imaginary parking
spaces created by the church that doesn't have any parking. This is not a solution to
the parking problem; a pay in lieu of parking is not solving the parking problem. By
expanding the' restaurant 300 square feet you are eliminating more parking. No more
parking is being made available, and the church is the last place to go looking for it.
They have no right to be leasing that property. Their tax-exempt status is at risk."
Mr. Brian Kyle stated that it was not up to him to say what was parking and what was
not, but he wa's confident that the pastor of the church had checked the process out
thoroughly. He stated that 90% of his clientele live in Seal Beach and walk to his
restaurant from the beach or from the hill, and with 300 square feet the restaurant would
not be at capacity, but that the patio simply provides an option to those customers
wishing to dine outdoors.
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Commission Deliberation
Commissioner Hood stated that if the patio was to be used for customers who wish to
smoke, basically what was happening was that O'Malley's was not increasing its
capacity but simply moving some of the clientele outdoors. He suggested the name
Pati-O'Malley's for the patio dining area.
Commissioner Larson stated that although he agreed with Staff's recommendation, he
did have one concern with the condition for limiting the capacity of the patio to 18
people. He stated that this would be a nice area to hold special events away from the
crowd in the restaurant. He said that he felt it would be unfortunate to not be able to
accommodate this type of activity due to a shortage of seating. He said that he felt a
capacity of 20 people was not unrealistic.
Chairperson Brown stated that the lease did not reflect any costs. Mr. Whittenberg
responded that this was not described in the documentation provided and that he did
not know that this would be a concern of the City. Chairperson Brown asked if the two
garage spaces were full parking spaces. Mr. \Alhittenberg stated that he had measured
the two spaces and one was 17 feet deep and the other garage space measured 14
feet deep due to a storage cabinet in the garage. Chairperson Brown asked about the
required measurements for parking spaces. Mr. Whittenberg stated that the
requirement was 20 feet, but that the building itself measured 17 feet in length.
Chairperson Brown stated that he didn't feel that 14 feet was adequate for parking and
requested that this parking space be extended to 17 feet by removal of the storage
cabinet. He also reques,ted that Condition 3 be amended to include the 2 garage
parking spaces and that C'ondition 4 include the requirement for signing the tandem and
the church parking spaces to designate them as parking for O'Malley's. Mr.
Whittenberg responded that he and Mr. Kyle had discussed using parking permits that
could be hung from the rear-view mirror of a car, to be used by restaurant employees
when parking in the designated spaces. He stated that, in his opinion, attempting to
designate 3 parking spaces out of the 13 for exclusive use by O'Malley's would be
inappropriate. Chairperson Brown responded that although he was aware of the alley
parking behind the church, he would not park there unless he knew he could park there
as a guest of the restaurants for fear of having his car towed. He stated that he
believed the spaces should be signed designating them to be used for restaurant
parking. Mr. Whittenberg responded that Staff was of the opinion that these parking
spaces should be available for employees, and that the owner could instruct employees
to use these spaces on a regular basis. This would keep the tandem spaces available
for customers. Chairperson Brown stated that he disagreed and that all parking should
be available to patrons of the restaurant.
Mr. Whittenberg stated that he had received today from the Orange County Sanitation
District, a copy of a proposed Restaurant Grease Trap Ordinance. He stated that
restaurants, particularly in Seal Beach, create some major problems for sanitary sewer
systems because grease gets into the systems and backs them up. There is a concern
for this on Main Street. He stated that Staff would be preparing this ordinance for
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presentation to the Planning Commission and the City Council for consideration and
adoption. Based upon this projection, Mr. Whittenberg stated that he hoped that with
this new expansion Mr. K~le would be willing to install a grease trap in his restaurant.
Mr. Kyle inquired as to the cost of installing a grease trap. Mr. Whittenberg responded
that he believed it would cost between $3,000 to $7,000 depending upon capacity. Mr.
Kyle responded that he would be willing to do something within 12 to 24 months, but
that this would depend on what the details were for installing the trap.
Mr. Kyle stated that the church had been adamant about not wanting commercial signs
in the church parking lot. He said that currently he had 58 employees, mostly local
people who are college or high school students, who worked varying shifts. He said
that because most of his employees live locally, they ride a bicycle or walk to work, so
there are few employees' driving and requiring parking, leaving more of the parking
spaces available for patrons. Commissioner Cutuli asked how the tandem parking was
handled when cars were parked one behind another. Mr. Kyle stated that because
employees have access to everyone's work schedule, they are able to determine where
to park and if necessary, who they need to see to ask them to move their car.
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Chairperson Brown again istated that he would prefer to see signs designating parking
for restaurant use. He stated that if the church is doing commercial business by leasing
parking, they should be open about it. He stated that it was a parking management
issue to make sure that those spaces that are leased are available for use by the
restaurants.
Chairperson Brown stated, that regarding the limitation of seating for 18 people, it was
not an issue if 20 people a't a time were seated in the patio area.
Commissioner Hood stated that a lease is a contract that requires an exchange of
something between parties. He stated that he didn't see the parking agreement with the
church as a contract as there was nothing there to enforce.
Mr. Colantouno stated that what the Commissioners had seen was part of a lease and
not the integrated document with all of the terms on one page. He stated that the City is
concerned about maintaining its legal right to the spaces and that Condition No. 4
requiring a recorded covenant will provide for documentation of the agreement.
Chairperson Brown stated that he felt it was a good idea to have the patio for smokers.
He said that with the passage of smoking legislation, the issue of smokers stepping out
to the front sidewalks to smoke was becoming a problem for businesses from the
standpoint of cigarette butts and trash being left on the sidewalks and groups
congregating outside the entrances.
Mr. Kyle stated that signage for parking spaces was a "sore spot" with the church. He
said that he was certain that this issue would be revisited at the 6-month review, but that
right now he would have to continue to work with the church on this issue. Chairperson
Brown asked if Mr. Kyle preferred to have the final decision on this request continued
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until he could work this out with the church representatives. Mr. Kyle stated that he
would like to receive appr9val of this resolution tonight. He said that although he felt
that he had come a long way with the church on the parking issue, they had basically
"hit a 'wall,n and the church refuses to allow signage. He stated that he believed the
parking management plan using permits described by Mr. Whittenberg would be more
than adequate. Chairperson Brown stated that although the program might work, there
would be no enforcement available for parking and assigned parking spaces would be
much easier to monitor. He said that he was not concerned with employee parking, but
parking for patrons. He again stated that if the church is going to enter into agreements
to sell parking space, they should be "up front" about it. Chairperson Brown suggested
that Mr. Kyle present the recommendation of the Commission to representatives of the
church and return with their written response. Mr. Kyle stated that at this point he felt he
had been through enough negotiations with the church and was getting nowhere. He
stated that he preferred Staff's recommendation and that he believed the church to be
amenable to this program. Mr. Whittenberg interjected that perhaps the condition could
be amended to require that a sign be posted inside the restaurant to indicate that there
were 3 parking spaces at 138 Eighth Street available for use by customers. O'Malley's
could provide a placard to ,be placed on the dashboard of customers' cars while parked
at the church to identify them as patrons of the restaurant. This would provide a level of
parking management. Chairperson Brown again reiterated that because the spaces
have been leased out, enforcement of parking by the church would be difficult and he
was still in favor of signage.
Commissioner Hood stated that in many ways this situation was similar to a shell game,
because no additional parking spaces were being created, yet the focus of the plan was
to get people off the general Main Street area and have them park somewhere else. He
s~ated that this could be accomplished more successfully if patrons know that they can
park in the church lot. He .stated that the general public would not know that they could
park. in the church parking lot; therefore, signs were needed to direct them to the
parking areas available to them. Commissioner Hood stated that in the past criticism
has been directed at the City for alleged lack of enforcement of parking. He stated that
if the City has a bad record of enforcement, then more concrete parking programs are
needed.
Commissioner Cutuli asked what was preventing patrons from both restaurants from
parking in all 13 spaces in the church parking lot at any time. He stated that although
he thought signage was a good idea, he could understand why the church did not want
to advertise that it rents parking space out to surrounding businesses as most churches
frown upon the use of alcohol, and alcohol is served at both Hennesey's and O'Malley's.
Commissioner Larson stated that if parking stickers or permits were provided, this would
allow the church to identify use of the parking spaces as for customers or employees of
O'Malley's. He endorsed Staff recommendation for the parking management plan.
Mr. Whittenberg asked if the Commission wanted to take a "straw vote" on the issue of
the seating and then return to the issue of parking management. Chairperson Brown
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responded that the main item at issue was the parking management. He stated that the
seating was not an issue, that seating for 18 people in the patio was fine. Mr.
Whittenberg asked if the Commission wished to include a condition for requiring
installation of a grease trap 'to be completed within 24-months of the beginning use of
the outdoor dining area. Chairperson Brown stated that this had already been agreed
upon. He preferred to focus on parking management. He said that in reality the City
was not creating new parking spaces, but taking existing spaces and trying to manage
them a little bit better. He stated that although it might appear that the Commission was
"nitpicking," precedent was being set and he still wanted to see signage. If this was not
possible, a representative of the church could appear before the Planning Commission,
or write a letter stating the reasons why they were not in favor of providing signage for
their leased parking spaces. He stated that in the event that the church refuses
signage, a compromise could be reached by placing a sign inside the restaurant and
providing a pass or permit to patrons who park in this area. Chairperson Brown stated
that from a public policy standpoint, the objective was to make people aware that they
could park in the alley parking spaces. He said that most people are not aware that
alley parking for most of the Main Street businesses is available. He stated that he
understood why the church would not want to display sign age for parking for
Hennesey's or O'Malley's, but he was still in favor of this option.
Mr. Colantuono verified that the Commission would be taking a "straw vote" on the
church signage issue. He also asked to confirm the two options proposed by
Chairperson Brown as:
1. Approve the project under the condition that church signage be provided and review
the application to ensure that the church is in compliance.
2. Propose the condition stating that the City prefers church sign age and ask for
documentation of the reasons for not providing signage. As an alternative, notice of
parking areas could be placed inside the restaurant.
Mr. Whittenberg suggested that the matter be brought back before the Commission
within 60-90 days to verify that the church is acceptable to that condition. The other
option would be to propose the condition and approve a resolution, and if the applicant
cannot comply with the condition, they can apply for modification of the conditions of
approval or they could file an appeal with City Council.
Chairperson Brown asked that Condition No. 4 be amended to read "3 signed parking
spaces. "
MOTION by Brown; SECOND by Hood to take a "Straw Vote" to amend Condition 4 to
read "3 signed parking spaces."
MOTION CARRIED:
AYES:
NOES:
3 - 1-1
Brown, Cutuli, and Hood
Larson
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ABSTAIN:
ABSENT:
Lyon
None
.
Mr. Colantuono verified the following actions:
1. Seating is approved for 18 people.
2. The storage bin in the garage would be removed
3. Grease traps are to be installed in the restaurant within 12-24 months.
Mr. Whittenberg asked if the Commission was comfortable in making the changes to
Resolution 99-7 and adopting it tonight or bringing it back for final review at the next
meeting. Chairperson Brown asked what steps were necessary to begin utilization of
the patio area. Mr. Whittenberg stated that assuming there was no appeal filed to City
Council, utilization of the patio could commence as soon as all conditions for approval
are met.
MOTION by Hood; SECOND by Cutuli to adopt Resolution 99-7 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0'
Brown. Cutuli. Hood. Larson. and Lyon
None
None
Mr. Whittenberg advised that the adoption of Resolution 99-7 begins a 10-day calendar
appeal period to the City, Council. The Commissioner action tonight is final and the
appeal period begins tomo'rrow morning.
STAFF CONCERNS
Mr. Whittenberg stated that there are no agenda items for the July 21, 1999 meeting.
The Commission agreed that no meeting would be scheduled for that date.
COMMISSION CONCERNS
Chairperson Brown announced that selection of a new Commission Chairman and Vice-
Chairman were in order and requested that this item be placed on the August 4th
agenda.
Commission Cutuli announced that he would be unable to attend the Planning
Commission meeting of August 4, 1999. Chairperson Brown then stated that selection
of a new Chairman should be scheduled for the August 18, 1999 meeting. The
Commission was in agreement.
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ADJOURNMENT
Chairman Brown adjourned the meeting at 9:00 p.m.
Respectfully Submitted,
C' A"'l)'" """-" ^ ~ ~tr'-^-Y
Carmen Alvarez
Executive Secretary
Planning Department
APPROVAL
City of Seal Beach Planning Commission
Minutes of July 7, 1999 Meeting
The Commission on August 4, 1999 approved the Minutes of the Planning Commission
Meeting of Wednesday, July 7,1999. ~.
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