HomeMy WebLinkAboutPC Min 2000-11-08
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for November 8, 2000
7:30 p.m.
District 1 - Brian Brown
District 2 - Jim Sharp
District 3 - Len Cutuli
District 4 - David Hood
District 5 - Thomas Lyon
Department of Development Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Assistant Planner
Carmen Alvarez, Executive Secretary
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City Hall office hours are 7:00 a.m. to 6:00 p.m. Monday through Thursday and
Friday 8:00 a.m. to 4:00 p.m. Closed noon to 1 :00 p.m.
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The City of Seal Beach complies with the Americans with Disabilities Act. If you
need assistance to attend this meeting please telephone the City Clerk's Office at
least 48 hours in advance of the meeting (562) 431-2527.
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Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m.
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Videotapes of Planning Commission meetings may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
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Copies of staff reports and/or written materials on each agenda item are on file in
the Department of Development Services and City libraries for public inspection.
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City of Seal Beach Planning Commission · Agenda of November 8, 2000
PLANNING COMMISSION AGENDA INFORMATION SHEET
The following is a brief explanation of the Planning Commission agenda
structure:
AGENDA APPROVAL: The Planning Commission may wish to change the order of the
items on the agenda.
ORAL COMMUNICATIONS: Anyone wishing to address the Planning Commission, only
on items not on tonight's agenda, may do so during this time period. No action can be
taken by the Planning Commission on these communications on this date, unless
agendized.
PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to speak in
favor of or against agendized items. More detailed information is found in the actual
agenda attached. If you have documents to distribute, you should have enough copies
for all Planning Commissioners, City staff and the public. Please give one to the
secretary for the City files. The documents become part of the public record and will not
be returned.
CONSENT CALENDAR: Consent Calendar items are considered routine items that
normally do not require separate consideration. The Planning Commission may make
one motion for approval of all the items listed on the Consent Calendar.
SCHEDULED MATTERS: These items are considered by the Planning Commission
separately . and require separate motions. These transactions are considered
administrative and public testimony is not heard.
STAFF CONCERNS: Updates and reports from the Director of Development Services
(Planning and Building Departments) are presented for information to the Planning
Commission and the public.
COMMISSION CONCERNS: Items of concern are presented by the Planning
Commissioners and discussed with staff.
All proceedings are recorded.
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City of Seal Beach Planning Commission · Agenda of November 8, 2000
City of Seal Beach Planning Commission
Agenda for November 8,2000
7:30 p.m.
I.
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL
II.
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 meml;>er 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 October 4, 2000.
VI. SCHEDULED MATTERS
VII. PUBLIC HEARINGS
2. Conditional Use Permit 99-9
13820 Seal Beach Boulevard
Applicant/Owner:
Request:
Faith Christian Assembly
To request an indefinite extension of Conditional Use Permit 99-9
permitting a church at 13820 Seal Beach Boulevard, Seal Beach.
Conditional Use Permit 99-9 was approved for 12 months on September
8, 1999. The subject property is located in the C-1, Service Commercial
Zone.
Recommendation:
Approval, subject to conditions, and adoption of Resolution 00-35.
3. Site Plan Review 00-4
Centex Homes, Seal Beach Boulevard
Applicant/Owner:
Request:
Centex Homes
To approve a Site Plan Review for a proposed 75-home single-family,
detached housing project. Proposed lot sizes range between 4,400 and
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City of Seal Beach Planning Commission · Agenda of November 8, 2000
7, 148 square feet. The proposed single-family homes are all 2-l?tory,
between 2,934 and 3,286 square feet of Hving area, and between 23' -8"
and 24' -9" in height. The Site Plan Review is required as a condition of
a development agreement between the City and the property owner.
The subject property is located on the easterly side of Seal Beach
Boulevard at Rossmoor Center Way. The subject property has
previously received approval of Tentative Tract Map No. 15797, and
contains approximately 15.64 acres, located between the Rossmoor
Highlands residential neighborhood in the City of Los Alamitos to the
north, and the Old Ranch Towne Center, currently under construction, in
the City of Seal Beach on the south.
Recommendation: Approval, subject to conditions, and adoption of Resolution 00-37.
4. Conditional Use Permit 98-18 (Indefinite Extension)
143 Main Street
Applicant/Owner:
Request:
Recommendation:
VIII. STAFF CONCERNS
Hennessey's Tavern, Inc. / Dorothy Nescher
To request an indefinite extension of a previously approved Conditional
Use Permit. Additionally, the applicant proposes to amend the original
permit to change the hours of operation to 7:00 a.m. to 1 :00 a.m.,
Monday through Saturday, and 7:00 a.m. to 11 :00 p.m. on Sunday. The
applicant also proposes to amend the original CUP to allow live
entertainment 7 days a week from 9;00 p.m. until midnight.
Approval, subject to conditions, and adoption of Resolution 00-36.
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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City of Seal Beach Planning Commission · Agenda of November 8, 2000
2000 Aaenda Forecast
NOV 22
CUP 00-12, VAR 00-4 - 617 Ocean Avenue
V AR 00-5 - 145 Catalina Avenue
DEC 06
DEC 20
TO BE SCHEDULED:
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Study Session:
Study Session:
Study Session:
Staff Report:
Permitted Uses and Development Standards in Commercial Zones (5/6/98)
Seal Beach Boulevard (10fiI98)
Anaheim Bay Villas (10fiI98)
Undergrounding of Utilities
And Beyond
Calendar: Study Session - Retaining Walls (February 2001)
CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan Grill) Review (April 2001)
ADA Handicapped-accessible Restrooms (April 2001)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of November 8, 2000
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, November 8, 2000. The meeting
was held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Hood
Commissioners Brown, Cutuli, Lyon, and Sharp
Also
Present: Department of Development Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Assistant Planner
Absent: None
AGENDA APPROVAL
Mr. Whittenberg requested that the Minutes of October 4, 2000 be removed from the
Consent Calendar, as there was a correction to be made. He also noted that
Commissioners Sharp and Lyon should abstain from voting to approve the Minutes
of October 4 as they were not in attendance for that meeting.
MOTION by Cutuli; SECOND by Brown to approve the Agenda as amended.
MOTION CARRIED:
A YES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Brown, Cutuli, Hood, and Lyon
None
None
Sharp
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
None.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of November 8, 2000
Chairperson Hood closed oral communications.
CONSENT CALENDAR
None.
SCHEDULED MATTERS
1. Approve Planning Commission Meeting Minutes of October 4, 2000.
Mr. Whittenberg noted a correction to Page 1 of the Minutes removing Terence
Boga's name from the Present list, as he was not in attendance at the meeting of
October 4,2000.
Commissioners Sharp and Lyon abstained from voting on this item, as they were
both absent from that meeting.
MOTION by Brown; SECOND by Cutuli to approve the Minutes of October 4, 2000
as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
PUBLIC HEARINGS
3-0-2
Brown, Cutuli, and Hood
None
None
Lyon and Sharp
2. Conditional Use Permit 99-9
13820 Seal Beach Boulevard
Applicant/Owner:
Request:
Recommendation:
Faith Christian Assembly
To request an indefinite extension of Conditional Use
Permit 99-9 permitting a church at 13820 Seal Beach
Boulevard, Seal Beach. Conditional Use Permit 99-9
was approved for 12 months on September 8, 1999. The
subject property is located in the C-1, Service
Commercial Zone.
Approval, subject to conditions, and adoption of
Resolution 00-35.
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City of Seal Beach Planning Commission
Meeting Minutes of November 8, 2000
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
stated that approximately one year ago the Planning Commission had approved
Conditional Use Permit (CUP) 99-9 to operate a church within a C-1 Commercial
Zone. He stated that Staff has not received any complaints or comments of any kind
regarding the operation of the church. He said that Staff had conducted an
inspection to ensure that the proposed improvements to the church were
appropriately completed. Mr. Cummins stated that Staff recommends approval of
the request for an Indefinite Extension of CUP 99-9.
Commissioner Questions
None.
Public Hearina
Chairperson Hood opened the public hearing.
None.
Chairperson Hood closed the public hearing.
Commissioner Comments
None.
MOTION by Sharp; SECOND by Brown to approve the indefinite extension of
Conditional Use Permit 99-9 and adopt Resolution 00-35 as presented.
MOTION CARRIED:
A YES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Lyon, and Sharp
None
None
Mr. Boga advised that the adoption of Resolution No. 00-35 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
3. Site Plan Review 00-4
Centex Homes, Seal Beach Boulevard
Applicant/Owner:
Centex Homes
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City of Seal Beach Planning Commission
Meeting Minutes of November 8, 2000
Request:
To approve a Site Plan Review for a proposed 75-home
single-family, detached housing project. Proposed lot
sizes range between 4,400 and 7, 148 square feet. The
proposed single-family homes are all 2-story, between
2,934 and 3,286 square feet of living area, and between
23' -8" and 24' -9" in height. The Site Plan Review is
required as a condition of a development agreement
between the City and the property owner.
The subject property is located on the easterly side of
Seal Beach Boulevard at Rossmoor Center Way. The
subject property has previously received approval of
Tentative Tract Map No. 15797, and contains
approximately 15.64 acres, located between the
Rossmoor Highlands residential neighborhood in the City
of Los Alamitos to the north, and the Old Ranch Towne
Center, currently under construction, in the City of Seal
Beach on the south.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 00-37.
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in
the Planning Department.) He provided some background information on this item
and stated that the plan before the Commission indicates the existing lot
arrangement and road pattern as approved by the City Council in their approval in
1999 of the Vesting Tentative Map for this project. He described the project as a
private gated residential community development with 75 single-family detached
homes. He stated that the development would also include an approximately 2-acre
park at the far southeast end of the property. The Director of Development Services
then provided a visual presentation of the site plan and described the proposed
locations for the residential development, the park, and the entryways to the project.
He noted that the project, lots, and road alignment are in conformity with the
previously approved Vesting Tentative Map. He said that the purpose of tonight's
review is to approve the spacing of the homes on the property and to review the
exterior elevations and the floor plans, and to ultimately review the Site Plan Review,
which is necessary as part of the conditions of the existing development agreement
between the City and the Bixby Ranch Property for this development. He noted that
this project is located within a Residential Medium Density (RMD) Zone, and that the
park is located in a Public Land Use/Recreation (PLU/R) Zone.
He described the surrounding land uses as follows:
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City of Seal Beach Planning Commission
Meeting Minutes of November 8, 2000
NORTH:
Existing single-family detached homes within the City of Los
Alamitos on lots measuring approximately 5,000 square feet
in area.
SOUTH & WEST:
Existing previously approved Bixby Old Ranch Towne
Center Shopping Center development.
WEST:
Existing Rossmoor Shopping Center in a C-2 Commercial
Zone within the City of Seal Beach.
EAST:
Los Alamitos Armed Forces Reserve Center (AFRC) within
the City of Los Alamitos.
Mr. Whittenberg noted that the project has a single access roadway in and out of the
project that has been reviewed by and meets all standards of the Orange County
Fire Authority. He stated that the project is in conformance with the general
standards of the City, as set forth in the Vesting Tentative Map that was approved by
the City Council in 1999. He noted that the requirements for lot size as mandated by
the City Council are no less than 4,400 square feet and must average 5,000 square
feet. He reported that the largest lots measure over 7,000 square feet and the
average size is just over 5,000 ~quare feet. He displayed drawings of the three
different models of homes and described the square footage, elevation styles, and
floor plans for each style of home.
The Director of Development Services reported that regarding construction phasing
of the project, Centex Homes has indicated that they anticipate having 7 different
phases to complete the project. He indicated that the Staff Report provides a report
by lot number of what will be included in each phase of the project. He continued by
describing the proposed phases for completion of the development. Mr. Whittenberg
reported that Centex Homes proposes using Lots 1, 2, and 3 to construct a model
home complex with one fully furnished and landscaped model of each of the three
floor plans. He stated that Lots 4 and 5 would be used temporarily for 17 off-street
parking spaces for the developer's sales personnel and for prospective buyers. He
said that the model homes would be open for public viewing from 10:00 a.m. to 6:00
p.m., Monday through Sunday. Mr. Whittenberg reported that a Landscape Concept
Plan for the public areas of the project had been submitted and included with the
Staff Report. He proceeded to describe some of the proposed landscape features.
He noted that the final landscape plans would have to come before the City Parks
and Recreation Department for review to ensure that they meet City standards. The
Director of Development Services reported that the City Council had adopted
specific mitigation measure and a Statement of Overriding Considerations, none of
which apply to the residential portion of the Bixby Old Ranch Towne Center project.
He stated that Staff is recommending inclusion of these mitigation measures as part
of the Conditions of Approval (COA) for Resolution 00-37. Staff recommends
approval of Site Plan Review 00-4.
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City of Seal Beach Planning Commission
Meeting Minutes of November 8, 2000
Commissioner Questions
Commissioner Sharp asked if there were any other entries or exits to the
development other than the one displayed on the site plan. Mr. Whittenberg
responded that there was only one access/exit point to the project. Commissioner
Sharp asked how any blockage of this road would be handled. Mr. Whittenberg
responded that blockage might be expected to occur occasionally, but the Orange
County Fire Authority (OCFA) has approved the plan as presented, and determined
that no other emergency access road was required. Commissioner Sharp inquired
as to what would occupy the area between the residential development and the
Target Store. Mr. Whittenberg reported that a block wall would be constructed in
this area and landscaping on the residential side of the wall would also serve to
separate the residential development from the shopping center.
Chairperson Hood asked if the location of the entry/exit road had not changed from
the original plan and still meets with the existing signalized intersection. Mr.
Whittenberg responded that this was correct. Chairperson Hood asked if the
development also had to meet the Airport Land Use Commission (ALUC)
recommendations of conditions of use. He read from the 1998 ALUC
recommendations related to noise and pollution levels from aircraft as presented
then for the proposed construction of a church in this area. He asked if the new
reconfiguration for the residential development had been sent to ALUC for review.
Mr. Whittenberg responded that the original conditions imposed on the proposed
church use had been revised by City Council to apply to the residential use of the
property. He indicated that this includes conditions for notification to purchasers of
property of flight operations at the AFRC. He noted that these mitigation measures
appear in Resolution 00-37. He stated that this project has not been referred to
ALUC because Staff and the City Attorney believe it to be in substantial
conformance with the two different projects that the ALUC considered and approved
in 1998. He said that when reviewed by the ALUC in 1998, the original boundary to
the shopping center extended south of St. Cloud and the City Council required that
the boundary be moved north by approximately 150 feet to prevent this. Mr.
Whittenberg stated that the ALUC approved the project with a residential component
and an alternative mixed-use project that included golf course homes within the
confines of the golf course. He stated that Staff felt that the project as it is presented
today is consistent with the previous ALUC approvals and does not need to be
resubmitted for review. Chairperson Hood questioned the change in the
configuration of the residential development from what had originally been submitted
to ALUC and wondered whether there was a requirement to resubmit this Site Plan
to ALUC. Mr. 80ga reported that this project pre-dates his tenure as the Assistant
City Attorney for the Planning Commission, but he did consult with the City Attorney
regarding this project before coming to tonight's meeting and at that time the City
Attorney did not express any concern or indication that this project needed to be
resubmitted to ALUC. Chairperson Hood clarified whether the City Attorney had
said it did or did not need to go back or whether he simply did not address this issue
in particular. Mr. 80ga stated that the City Attorney did not address the issue.
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City of Seal Beach Planning Commission
Meeting Minutes of November 8, 2000
Chairperson Hood verified that the Planning Commission had not officially received
word from the City Attorney regarding whether or not this project must be
resubmitted to ALUC. Mr. Boga responded that he personally did not know. Mr.
Whittenberg clarified that the entrance to the residential development is in the same
location as it was for the anticipated entrance for the previous church project.
Chairperson Hood inquired about the turnaround near the park area in the PLU/R
Zone, stating that this appeared to be below the boundary line. Mr. Whittenberg
responded that a PLU/R Zone does not allow any habitable use or commercial
structures. Chairperson Hood stated that he was referring specifically to the
turnaround and not the park. Mr. Whittenberg responded that the turnaround was a
parking area for residents of the housing development when visiting the park.
Public Hearina
Chairperson Hood opened the public hearing.
Ms. Janice Shackle, a Project Manager for Centex Homes, stated that they were
very excited about this development and anxious to move forward to completion.
She reported that also present at tonight's was the Vice President of Product
Development, the Vice President of Land Development, the Architect and Civil
Engineer for Centex Homes.
Mr. Nick Leonard, Vice President of Land Development for Centex Homes stated
research completed by Centex yielded a move-up market with square footages of
approximately 2,800 - 3,200 square feet. He said that they had visited Rossmoor
and based on the previously approved tentative map, Centex had attempted to
create architecture that would yield a spacious interior home design and create
exteriors reminiscent of Rossmoor. He stated that the homes were designed to
appeal to families and would be priced in the mid-$500,000 range. Mr. Leonard said
that Centex had attempted to create a residential development that would
complement what they had observed in the Rossmoor neighborhood.
Commissioner Lyon asked if there was room to park a car between the street and
the garage door. Mr. Leonard responded that the setbacks to the garage were
within the bounds required by City Code. He indicated that the designs of the
homes were meant to allow for extra parking within the garages. He then
introduced the architect for the project, Ms. Debra Wright, who provided an in-depth
description of the land elevations and responded to questions from the Commission.
Mr. David Rosenman stated that as a former member of the Environmental Quality
Control Board (EQCB) he had participated in the initial review of the Environmental
Impact Report (EIR) for this project. He commended Chairperson Hood for his
recommendation that the new residential use project be resubmitted for review by
the ALUC. He stated that because people would be investing in these expensive
homes that fall with a flight path, it would be wise to resubmit this plan for review to
help prevent conflicts between the residents of this new development and AFRC.
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City of Seal Beach Planning Commission
Meeting Minutes of November 8, 2000
Major Michael Wells from the Office of the Adjutant General in Sacramento
requested a continuance of the decision on this project to adequately consider the
community welfare and permit the military an opportunity to express concerns and to
review this plan more thoroughly. Mr. Whittenberg asked if the military had a
specific date in mind for the continuance. Major Wells stated that 30 days would be
adequate to review and to speak to the ALUC. Chairperson Hood inquired whether
the initial plan for the church use had been submitted to the military. Major Wells
stated that the plan existed as a church and it was not until Monday, October 30,
2000, that he received the notice that this would be a residential development
instead.
Commander John. Smith from AFRC also requested a continuance so that the Site
Plan could be reviewed by ALUC. He stated that the main concern of AFRC was
noise levels. He stated that he had also just received notice that this would be a
residential development and has not had time to review the Site Plan. He reported
that his staff had received 5 complaints of noise last week and he believed that this
project should be looked at more closely.
Lieutenant Colonel Tom Lasser stated that he is in charge of operations at AFRC
and his biggest concern is safety. He said that he believes he has an obligation to
protect people from the airfield and the airfield from people. He stated that the
airfield operates jet fighters, helicopters, and cargo aircraft 365 days a year. He
reported that a recent exercise involved 60 large cargo aircraft that generated a lot
of noise and possible hazards to people on the ground. He said that the ALUC
should review the options available for this project. Chairperson Hood asked about
loud aircraft he had heard over the weekend. Lt. Colonel Lasser reported that C-16s
had taken off and landed during a disaster exercise during the weekend. He stated
that as a pilot he was very concerned over seeing residences so near an airfield.
Chairperson Hood closed the public hearing.
Commissioner Comments
Commissioner Sharp stated based on the requests for a continuance, the Planning
Commission had no alternative but to grant that continuance.
Commissioner Cutuli stated that he was in agreement.
Commissioner Brown questioned whether 30 days would be sufficient for the ALUC
to review this project. Mr. Whittenberg expressed his concern that 30 days would
not be long enough to allow for review by ALUC. He recommended a 60-day
continuance.
MOTION by Sharp; SECOND by Brown to continue Site Plan Review 00-4 to the
Planning Commission meeting of January 3, 2001 to allow for review by the Airport
Land Use Commission.
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City of Seal Beach Planning Commission
Meeting Minutes of November 8, 2000
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Lyon, and Sharp
None
None
Mr. Whittenberg stated that he would contact the ALUC to determine what their
schedule is and Staff would provide to them any documentation necessary to
expedite the review process.
Chairperson Hood reported that he would be out of town from the middle of
December to the end of January 2001.
4. Conditional Use Permit 98-18 (Indefinite Extension)
143 Main Street
Applicant/Owner:
Request:
Hennessey's Tavern, Inc. / Dorothy Nescher
To request an indefinite extension of a previously
approved Conditional Use Permit. Additionally, the
applicant proposes to amend the original permit to
change the hours of operation to 7:00 a.m. to 1 :00 a.m.,
Monday through Saturday, and 7:00 a.m. to 11 :00 p.m.
on Sunday. The applicant also proposes to amend the
original CUP to allow live entertainment 7 days a week
from 9:00 p.m. until midnight.
Recommendation:
Approval, subject to conditions, and adoption of
Resolution 00-36.
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
presented photographs of the tavern. He stated that in addition to the request for an
indefinite extension, the applicant is also requesting the ability to change the hours
of operation to begin operation at 7:00 a.m. and to reinstate the live entertainment
permit to allow entertainment 7 days a week from 9:00 p.m. to midnight. He
reported that previous approvals on the property include a Variance in 1984 for less
than required parking and a Conditional Use Permit (CUP) granting the on-premises
sale of beer and wine. Mr. Cummins stated that in 1989 a Variance was approved
for less than required parking and a general on-site sale liquor license was
approved. He noted that in 1992 a Live Entertainment Permit was approved for a
single, non-amplified entertainer, and in January of 1999 CUP 98-18 was granted for
the interior remodel and a new outdoor dining area. He stated that one of the
Conditions of Approval (COA) for this CUP was that the applicant surrender CUP 92-
13, giving up the right to have any live entertainment on the premises.
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Mr. Cummins presented the options for determination by the Planning Commission
in reviewing this application as follows:
1. Should the Commission approve indefinite extension of this CUP or attach
another review period to this CUP?
2. Should Hennessey's be allowed to open at 7:00 a.m. or should the hours of
operation be restricted to those conditioned in CU P 98-18?
3. Should live entertainment be allowed and, if so, what type of live entertainment
would be allowed?
Mr. Cummins stated that denial of this request would simply mean that the applicant
would not be allowed to continue to operate with outdoor seating. He said that the
CUP approved in 1989 granting the ability to have a general on-sale liquor license is
not currently in question. He reiterated that CUP 98-18 was granted only for an
interior remodel and addition of an outdoor patio dining area, and that tonight's
review of this CUP is only for indefinite extension for the continued use of the
outdoor dining area.
He described the surrounding land uses as follows:
NORTH & SOUTH:
Retail businesses within the Main Street Specific Plan
(MSSP) Zone.
WEST:
Residential housing in a Residential High Density (RHO)
Zone.
EAST:
Commercial businesses within the Main Street Specific Plan
(MSSP) Zone and residential housing in a Residential High
Density (RHO) Zone.
Mr. Cummins stated that when Staff was completing the initial review of this
application, a number of infractions of the COA were discovered. He apprised the
Planning Commission of the following infractions:
1. The hours of operation as approved for CUP 98-18 are 11 :00 a.m. to 1 :00 a.m.
Staff has discovered that Hennessey's is opening earlier than allowed and has
been serving breakfast. A letter was sent to the owner of Hennessey's directing
that they cease operations beginning prior to 11 :00 a.m. until granted approval
for a change in the hours of operation.
2. Condition No. 11 of CUP 98-18 provides for no exterior advertising of any type
related to the sale of alcoholic beverages. Currently there is a painting of a glass
of Guinness ale that is clearly visible from the street.
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3. Enclosure of the patio area was to have been completed by installing
double-paned glass windows, which were to be closed every night at 9:00 p.m.
Staff has received reports that this has not been done.
4. The current lease agreement states that parking is to be shared by Hennessey's
and John's Food King, with two-thirds of the parking dedicated for use by
customers of John's Food King and one-third dedicated for use by Hennessey's
Tavern. Staff has received complaints that at certain peak periods the parking lot
is being entirely used by Hennessey's customers. The lease states that no
signage specifying parking is to be posted. Staff recommends that the Planning
Commission consider imposing a condition that signage be allowed to designate
8 reserved parking spaces for John's Food King.
With regard to the applicant's request to change the hours of operation to 7:00 a.m.
to 1 :00 a.m., Mr. Cummins noted that Staff had no concerns about approving this
change. Staff does recommend that the Planning Commission impose the condition
that the double-pane glass windows around the outdoor patio remain closed until
9:00 a.m. to help mitigate against additional noise emanating from the tavern early in
the morning.
Mr. Cummins stated that CUP 92-13 for live entertainment was surrendered as part
of the approval of CUP 98-18, to which the applicant agreed by signing the
Acceptance of Conditions form. He said that the City now issues special event
permits that allow an applicant to request a permit for live music 3-4 times a year.
He noted that Staff has concerns regarding issuing a permit for live entertainment 7
days a week from 9:00 p.m. to midnight, particularly because of the close proximity
to residences and Grace Community Church. Staff recommends denial of the
request for live entertainment, and recommends approval of the indefinite extension
subject to conditions. He stated that one of the COA is that another 6-month review
period be placed upon Hennessey's, due to the lack of compliance in the past with
all of the previously approved COA. Mr. Cummins reported that the proposed
outdoor use is consistent with the surrounding land uses and with the Land Use
Element of the General Plan. He noted that the building and property are adequate
in shape, size, and topography to meet the needs of the proposed use.
Commissioner Questions
Commissioner Cutuli asked if any comment had been received from nearby
neighbors. Mr. Cummins reported that at the beginning of Hennessey's operation
last summer, Staff had received quite a few complaints regarding trash piled up in
the alley. He said that Staff had spoken to the manager of Hennessey's several
times, and Staff has not heard much about this issue since then.
Chairperson Hood stated that because the applicant had violated several of the COA
and had not acted effectively to prevent or alleviate the parking problems, he did not
believe that the Commission should grant approval of these requests and in so doing
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reward the applicant. Mr. Cummins stated that as Staff has included an additional
6-month review period as a condition of approval. Chairperson Hood stated that this
would simply allow Hennessey's "to show that they are not going to comply and they
are going to thumb their nose even more at the City and the City's regulations." He
said that this was not necessarily a corrective action and he asked how Staff had
come to the decision to "reward someone for doing something wrong." Mr.
Whittenberg stated that the request before the Planning Commission tonight does
not impact Hennessey's license to sell alcoholic beverages granted in 1989. He
emphasized that the issue to be decided tonight is whether the applicant is in
compliance for the operation of an outdoor eating area, and aside from the
infractions mentioned earlier, Staff has not been made aware of any other issues
regarding the outdoor dining area. Mr. Whittenberg stated that Staff did not feel that
approval of additional hours in the morning for breakfast operation would be
detrimental to the ability of the Planning Commission to continue to monitor the
property and provide additional conditions if it felt it were appropriate. He said that
instead of granting an indefinite extension, which would give the Commission the
right to review this CUP for violations of conditions or public health or safety and
welfare issues, the 6-month review would automatically bring this application back to
the Planning Commission to review for compliance. He noted that if at the 6-month
review there were no compliance issues, Staff would then recommend approval of
an indefinite extension.
Chairperson Hood stated that all the Planning Commission would be granting
approval to allow Hennessey's to do something legally that they had already been
doing illegally. He compared this to a child stealing a bike and a skateboard, and
telling him to return the bike while allowing him to keep the skateboard.
Mr. Whittenberg stated that Staff would let the Planning Commission decide what an
appropriate determination would be. He said that he understood Chairperson
Hood's concerns and noted that if other members of the Commission shared these
concerns, they had the authority to grant a 6-month extension, not allow the
additional hours in the morning, and prohibit the serving of food in the outdoor dining
area if the double-paned windows are open.
Public Hearing
Chairperson Hood opened the public hearing.
Mr. Michael Tahvildari, manager of Hennessey's, stated that he was representing
Mr. Hennessey tonight. He said that regarding the hours of operation, the tavern
has been open at 8:00 a.m. to serve breakfast, but during the 6-month review no
alcohol has ever been served before 11 :00 a.m. As far as the advertising, Mr.
Tahvildari stated that the mural of the Guinness pint is not intended to attract
customers from the outside to come in. He said that he had spoken to Mr.
Hennessey and he said that he would be more than happy to paint over the mural to
remove the picture of the Guinness pint. With regard to keeping the outdoor dining
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area windows closed, Mr. Tahvildari said that they were closed at 9:00 p.m. during
the first six months of operation, and considering the lack of loud music or "rowdy
crowds," the patio was kept open later during the summer months. He stated that it
appears that Hennessey's is "constantly picked on" for anything that they do. He
stated that despite Hennessey's reputation in the past, at its current location it is a
family restaurant, and not just "another bar on Main Street." He invited the
Commissioners to visit the establishment to get a better idea of the kind of business
it is. In responding to the issue of the trash in the alley, Mr. Tahvildari stated that in
the restaurant business numerous deliveries arrive and it is difficult to store them all
at the same time. He noted that the boxes in the alley were dry goods waiting to be
unpacked and stored inside the restaurant. He said that once this was done the
empty boxes were removed and thrown in the trash bin. He said that once the City
advised him that items delivered could not be stored out back, the supplies were
moved indoors.
Commissioner Sharp asked Mr. Tahvildari if a copy of the COA for CUP 98-18 was
visibly posted inside the restaurant. Mr. Tahvildari responded that it was not posted.
Commissioner Sharp asked the Director of Development Services if the posting of
the CUP was one of the COA. Mr. Whittenberg responded that this was usually a
standard condition.
Commissioner Brown asked if Mr. Tahvildari's understanding of the COA was that
no alcohol could be served before 11 :00 a.m., but that they could open for
operations before 11 :00 a.m. Mr. Tahvildari responded that this was correct. He
said that he was shocked to discover that the hours of operation were restricted to
the hours of 11 :00 a.m. to 1 :00 a.m.
Commissioner Cutuli asked about how Hennessey's could account for using all of
the parking spaces in the shared parking lot. Mr. Tahvildari reported that from his
understanding of the lease, there would be no assigned parking, and parking would
be shared on a first-come-first-served basis. He said that when he was approached
by the owners of John's Food King (JFK) to discuss resolution of this problem, he
had suggested going against what the lease stated and putting up signs to designate
parking for JFK. He stated that sometimes during the busy weekend hours, some of
Hennessey's customers would park in the JFK spaces, and the owners of JFK
began to issue parking tickets. Mr. Tahvildari said that if he spent all of his time
monitoring the parking situation, he would not be able to perform his job as manager
of the restaurant. He stated that he had no control over the parking lot, and once his
patrons began to complain the parking signs were removed. Commissioner Sharp
stated that at one time there had been a parking attendant to monitor parking in this
lot. He stated that it would be difficult to monitor the parking situation in this lot. Mr.
Tahvildari stated that the parking attendant was there to direct customers to
Hennessey's or to JFK, but did not assign parking spaces.
Chairperson Hood read Condition No. 12 of the COA aloud, which states that the
Conditions of Approval must be visibly posted in the business customer area. He
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asked if Mr. Whittenberg had been able to check to see if the conditions were
posted. Mr. Tahvildari interjected that he had already stated that they were not
posted and there was no need to ask the Director of Development Services to verify
this.
Mr. Woody Woodruff, the owner of a building adjacent to Hennessey's, stated that
there were no protests when the restaurant moved across the street to its present
location. He said that he had spoken on behalf of Hennessey's when they first came
to Seal Beach, which he now feels was a "big mistake." He said he is also a former
restauranVbar manager. Mr. Woodruff stated that the City had been told that
Hennessey's at its new location would be a high-end restaurant. He stated that the
citizens of Seal Beach did not want another bar open to the street, but that is what
Hennessey's is. He complained about excess trash behind the restaurant and
stated that the restaurant can pay extra to have their trash picked up more
frequently. He stated that he was in disagreement with Staff regarding some of the
issues. Mr. Woodruff stated that Hennessey's had built a cement ramp in the public
alley behind the restaurant and the City had them remove it. He said they put a
steel shelving rack in the public alley for storage of 13 kegs; then a 55-gallon grease
drum was stored in this area. He reported that the same delivery trucks that are at
Walt's Wharf for 15-20 minutes are at Hennessey's for 30-45 minutes. He said that
he has observed the restaurant manager go out to chitchat with the truck drivers and
then invite them in for lunch. He stated that the female parking monitor will go in to
speak to the truck drivers about moving their trucks and comes out of the restaurant
in tears. He said that there are 65 spaces up from Hennessey's and they are being
underused. Mr. Woodruff noted that when there has been entertainment at
Hennessey's, the noise is so loud that he cannot even hear his own stereo. With
regard to signage he said that if the restaurant is displaying a painting of a beer, it is
attempting to sell beer. He also referred to the "martini signs," a 25-foot blow-up
bartender sign that has been displayed on the roof of the restaurant, smoke that
comes from the building, and a multitude of other problems that he could mention if
he had more time. He said that many car accidents have resulted because of the
congestion in the public alleys. Mr. Woodruff noted that these types of problems
were not happening at Walt's Wharf or O'Malley's. He said that he did not
understand why Hennessey's is being rewarded for their infractions of their CUP.
Ms. June stated that she lives behind Hennessey's and has also
had many problems with this establishment. She stated that after working all day
she does not need to return to her home to hear live music coming from
Hennessey's 7 nights a week. She said that she already gets a lot of noise from the
restaurant and the parking lot. She said parking is always a problem, and many
times she and her husband have to park on the street then wait until 10:00 p.m. to
see if they can park their cars in the 8th Street parking lot. She said that if
Hennessey's was not abiding by the law they should not expect further rewards.
She recommended denial of the request for live entertainment.
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Mr. David Rosenman stated that he was shocked to see that the City's records for
Hennessey's are inadequate. He noted that there were problems with an Alcohol
and Beverage Control raid on Hennessey's for serving alcohol to minors and also
problems with the fire marshal for exceeding their capacity. He stated that he
believed this should be a revocation hearing and that more privileges should not be
granted. He said that he did not believe indefinite extensions on CUPs should be
granted and that this property should be designated for 6-month reviews for the life
of the property. He stated that the request for live entertainment was being used to
distract the Planning Commission from the violations of the existing CUP. He
reminded the Commissioners that when the initial application from Hennessey's
came before the Planning Commission, their representatives assured the City that
parking would not be a problem. He reiterated that the City had not documented all
of the complaints filed against Hennessey's by residents of Seal Beach. He
recommended denial of the requests for extended hours and live entertainment.
Ms. Lisa Woodruff stated that it was her understanding that in order to receive
approval of extension of a CUP, the applicant must adhere to all of the COA. She
asked why the Planning Commission was even considering an indefinite extension
for Hennessey's when they clearly have not adhered to all of the COA. Some of the
problems he noted are the manager arbitrarily extending the hours of operation,
leaving trash in boxes in the alley, and leaving the kitchen door open preventing
clear access to the alley. She stated that Hennessey's does not care about the
other merchants or residents, but cares only about making money. She said that
she monitors the parking for her business and feels that Hennessey's should do the
same. Ms. Woodruff said that Mr. Hennessey was not at his restaurants on a daily
basis and was not aware of what goes on. She said that instead of being on their
best behavior in order to gain approval of an indefinite extension, Hennessey's
followed the rules for a month or two and then simply did what they pleased
regardless of the conditions of their CUP. She challenged the Commission to do
what is right for the community by denying the requests for extended hours and live
entertainment.
Mr. Gordon Shanks stated that during her entire tenure on the City Council, Marilyn
Hastings had promoted creating an Entertainment Ordinance. He noted that this is a
good example of why this was a good idea. He said the Staff Report lists the
nearest residence at 130 feet, while Mr. Hennessey says the nearest residence is
500 feet away. Mr. Shanks stated that there is no enforcement of laws in Seal
Beach, otherwise Hennessey's would not be opening for business at 8:00 a.m.
instead of 11 :00 a.m. He noted that Hennessey's was not the only business in
violation of City Code and better enforcement of laws is needed. He recommended
denial of the requests for extended hours and live entertainment and stated that
another 12-month review period should be required.
Ms. Joan Ward a neighbor of Hennessey's said that she has patronized this
restaurant for many years. She stated that she wished to rebut comments made
about delivery trucks at Hennessey's. She said that she is always awakened in the
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early morning hours by delivery trucks arriving at Walt's Wharf, Bay Hardware, and
Nick's Deli. She said she does not like to complain because she feels fortunate to
live in Seal Beach. She spoke in favor of approval of the indefinite extension of CUP
98-18.
Mr. stated that rather than notifying Hennessey's only two or three
weeks ago of their violation of the COA, Staff should have acted sooner. He said
that Hennesey's began opening for breakfast back in July. He noted that he had
driven by Hennessey's on Tuesday, November 7, 2000 at 8:15 a.m. and breakfast
was being served in the patio. He said that Mr. Hennessey has chosen to ignore
any warnings from the City and he had all summer to come in to apply for
permission to open earlier. He recommended denial of this request and that the
patio be closed down for 6 months, and that a system be created to have applicants
pay a fine when in violation of a CUP.
Ms. Kim Shear, one of the owners of John's Food King (JFK), stated that the
Hennessey Corporation is an anchor business on Main Street with a long,
successful history. She said that there has been a steady decline in business for
JFK due to problems with parking. Mr. Shear stated that the main problem was with
the peak periods of evenings, weekends, and holidays. She said that because
customers of JFK could not easily locate parking, they have stopped shopping at
JFK. She noted that the lease allows JFK 13 of the 19 spots, and states that no
spots can be specifically designated for either business, and that neither business
can monopolize the parking. She said that the extra Hennessey's parking spaces
are supposed to come from other sources. She stated that the owners of JFK have
attempted multiple solutions to the problem of parking, but have not been able to
come up with a workable compromise. She said that when JFK attempted to
enforce parking on this lot, they encountered unreasonable domination of a lot they
pay to share and that should be for the beneficial use of both businesses. She
emphasized that all the owners of JFK are asking is that they be allowed to conduct
their business fairly.
For the record, Ms. Gail Ayers read letters from Mr. & Mrs. Leonard Rafe and Mr.
Bob Gardini both speaking in opposition to Hennessey's request for live
entertainment and indefinite extension of CUP 98-18. These residents could not be
present at tonight's meeting. Mr. Ayers stated that she lives on Central Avenue and
is a frequent visitor to Main Street. She said that she had not been aware that
Hennessey's was in violation of the COA by displaying advertising promoting liquor
sales, and leaving trash bags and broken glass in the alley and trash in the parking
lot. She stated that Hennessey's had originally agreed to no entertainment when
seeking approval of CUP 98-18. She inquired if Hennessey's had paid the $1,100
mitigation fee for parking. She said that employee and customer parking has
impacted her ability to shop at JFK, and that when she asked one of the employees
about the Hennessey's operating hours, she was told that they open at 7:30 a.m.
Ms. Ayes said that Hennessey's "has been cheating," have not been good
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neighbors, have no respect for the City of Seal Beach, and have made a mockery of
the CUP process, and should be denied their request.
Mr. John Bentson, the attorney representing Ms. Dorothy Nescher, owner of the
property at 143 Main Street, said that Ms. Nescher's only concern is to address the
issue of parking lot signage. He reported that Ms. Nescher's husband, John, had
operated JFK for many years until his death in the late 1970s. He said that Mr.
Nescher purchased the parking lot to serve John's Market and purchased 143 Main
Street, where Hennessey's is located to protect the parking lot. He stated that from
that time until today the parking lot has always been a shared, no signage parking
lot. He said that the statement that JFK is entitled to two-thirds of the parking
spaces is not true. He said that earlier leases had a two-thirds/one-third allocation,
but that dealt with paying the property taxes and other incidental expenses. He read
from the Hennessey lease regarding the parking lot as follows:
"Lessor has leased the remaining undivided interest in said parking
lot to the present tenant of lessor's 140 Main Street grocery store
business for the purpose and with the intent that said parking lot will
be used for customer parking only for both businesses in such
reasonable manner that customers for both businesses shall have
the beneficial use of all of the parking spaces there at. Neither
tenant nor the 140 Main Street tenant shall, however, be entitled to
segregate, mark, or otherwise designate any particular parking
stalls for the exclusive use of the customers of their respective
businesses. Any incidental revenues from the parking lot and the
cost of repairing and maintenance thereof shall be divided equally
between the tenant and the tenant at the 140 Main Street grocery
store."
Mr. Bentson stated that Ms. Nescher has in recent years given up her lease right to
require the tenants to divide the parking lot taxes, and is paying these taxes herself.
He said that this lease provision has been in each of the last three or more leases
going back 20 years on both properties. He stated that this has been done "very
deliberately," and it has worked very well until now. He said that the former tenants
have had parking lot attendants on site to chase away the beach goers and the oil
island workers wanting to park there. He said that Ms. Nescher does not want to
take sides, but the arrangement has worked for 20 years, and earlier this year she
had directed Mr. Bentson to write to both tenants telling them that if they both agreed
to segregate or mark the parking spaces, Ms. Nescher would allow them to do so.
He noted that there was signage for a while, but when the owners of JFK began
ticketing cars in December 1999, Hennessey's took the position that they no longer
wanted to have signage posted. Mr. Bentson stated that Mr. Hennessey was well
within his rights to elect to do this. He said if an attendant is brought in, the expense
will have to be shared equally by both tenants. He said that the Planning
Commission should seriously consider imposing a condition on this CUP that would
require or perhaps permit either or both of the tenants to commit a substantial
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breach of their lease. Chairperson Hood noted that he had a copy of the lease from
which Mr. Bentson had read, and the last sentence of the section on Chairperson
Hood's copy was different. It read:
Any incidental revenues from the parking lot and the repair and
maintenance and tax costs thereof shall be divided two-thirds to
tenants and one-third to the tenant of the 143 Main Street
business."
Mr. Bentson stated that this text was from a copy of an earlier lease agreement. He
said that the Hennessey lease states "equal," and the same courtesy was being
extended to JFK.
Commissioner Sharp stated that for as long as he remembered from his participation
in City government, the figures for the parking lot have always been 13 spaces for
JFK and 6 remaining spaces for 143 Main Street. He said that the definite numbers
were necessary for approval of the CUP. He asked Mr. Bentson if he had any idea
where this figure came from. Mr. Bentson stated that this allocation of spaces came
from an earlier lease and was not a part of the Hennessey lease, and this number
applied primarily to the payment of taxes and incidental expenses. He said that
there has never been any segregation of spaces. Mr. Whittenberg interjected that
documents of approvals granted back in 1989 for this property show the two-
thirds/one-third split, which is how Staff came up with the allocation of 6 parking
spaces for a restaurant at 143 Main Street. Mr. Bentson stated that the Coastal
Commission parking requirements also further complicate the matter.
Mr. David Rosenman stated that based upon what Staff had just said, there is no
inland parking for this property. The Director of Development Services stated that
this was not correct, and that he had not made such a statement. Mr. Rosenman
said that Mr. Bentson had just said that there was no allocation of spaces. He said
that before any decisions are made, the Planning Commission must determine
whether Hennessey's has any inland parking. Mr. Bentson interjected that
Hennessey's has not only paid all of the in-lieu parking fees but has also paid all of
the in-lieu fees due from the previous tenant of this property.
Mr. Jeff Hudson stated that his home sits back quite far on the lot and his bedrooms
are right on the alley, exposing them to most noises from the alley. He said that he
has had to call the police several times about drunken brawls in the alley. He stated
that the thought of having live entertainment is frightening to him as he has small
children. He said that trash in the alley is also a frequent problem, as well as
delivery trucks blocking the alley. Mr. Hudson said that the open kitchen door facing
the alley creates a dangerous situation for cars driving through the alley and
employees exiting this door. He stated that Hennessey's must decide if it is going to
be a family restaurant or an entertainment bar.
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Mr. Tahvildari said that the referrals tonight about Hennessey's not being a good
neighbor overlook the good things that have been done for the city by Hennessey's.
He cited several incidences of fundraising and donations made to charitable events
by the Hennessey Corporation. Regarding the complaints about the trash and
delivery trucks, Mr. Tahvildari stated that he needs to receive his deliveries and it
takes longer than 10 minutes for the truck drivers to unload six or seven hundred
pounds of products. He said that the steel ramp referred to earlier is only used when
deliveries are made and is later taken down. He stated that having the kitchen door
in the back is dangerous but it is required by fire code. He said the door closes
automatically and remains closed. With regard to the live entertainment, Mr.
Tahvildari stated that the only reason for this request is to be able to compete with
another business that has live entertainment on a frequent basis. He said that if
another business is going to be allowed to have live entertainment, Hennessey's
should be allowed to compete. He stated that Hennessey's pays thousands of
dollars a year for landscaping and paid to have the sidewalk redone. Mr. Tahvildari
said that residents should not be concerned that having live entertainment will attract
rowdy customers, because the majority of Hennessey's customers are residents of
Seal Beach.
Mr. Whittenberg requested that for the record a letter from Grace Community Church
stating their opposition to the live entertainment and the hours of operation only. He
also noted a letter from Roger and Kathy Coombs stating their opposition to live
entertainment and concern for the lack of compliance with the COA. He also noted
a letter from Paul Hennessey addressing a number of issues in the Staff Report and
expressing his concerns about some of the statements in the report and made
recommendations for the COA.
Chairperson Hood closed the public hearing.
Commissioner Lyon asked for the location of the restaurant that has live
entertainment. Mr. Whittenberg reported that currently there is no restaurant on
Main Street that has an entertainment permit from the City for live entertainment. He
stated that O'Malley's has had a number of special activity permits that have
included entertainment. Commissioner Lyon asked if Hennessey's could apply for a
special permit for entertainment. Mr. Whittenberg responded that there is a Special
Activities Permit that may be issued by the City Manager's office for these types of
activities. Chairperson Hood asked if reviewing the number of special activities
permits issued to an establishment would come under the purview of the Planning
Commission. Mr. Whittenberg responded that in the opinion of Staff, if more than 4
Special Activity Permits are requested, then the request should come before the
Planning Commission and would require a CUP. Chairperson Hood asked if the
Director of Development Services could ask the City Manager to provide a list of
dates for which the Special Activities Permits were issued. Mr. Whittenberg stated
that he would be more than happy to do so.
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Commissioner Sharp stated that he believed Chairperson Hood should approach the
City Manager for this information. Chairperson Hood polled the Commissioners to
see if they were all in agreement. There was no opposition to Commissioner
Sharp's statement.
Commissioner Comments
Commissioner Sharp stated that the City has no control over the lease agreement,
but can only control designation of what is being used in order to get a parking
permit along with the CUP. He said that neither the Planning Commission nor City
Council could do anything related to enforcing the lease.
Commissioner Brown agreed with Commissioner Sharp's statements and stated that
the parking issue was a landlord/tenant issue. He said that although he was
concerned with how the number of parking spaces are determined for CUPs and
in-lieu parking fees, as long as the City is being consistent with the method used,
then he said this was fine. He stated that as he recalled, it was not the Planning
Commission who designated the hours of operation, but that Mr. Hennessey had
stated that he did not intend to open for breakfast. He said that he had no objection
to the restaurant opening for breakfast, but he felt that Hennessey's should abide by
the conditions set in the CUP. He agreed with Chairperson Hood's statement that
the Planning Commission should not reward people for violating the conditions of
their CUP. He recommended that Mr. Tahvildari read the COA for CUP 98-18 and
for the next 6 months do all he can to abide by these conditions, as these were the
conditions agreed to when the CUP was approved. Regarding the patio door,
Commissioner Brown stated that he did not believe this to be a double-paned
window, but a roll-up garage door. He said that initially he did not feel there would
be a problem with the patio door being open later than 9:00 p.m., but because there
have been problems with violations of conditions, he recommended that another 6-
month review period be applied and if necessary, revocation of the CUP be
approved if violations continue.
Commissioner Cutuli stated that the review period for CUPs was similar to a
probationary period during which a business should be on its best behavior so that
the City and the surrounding neighborhood will see that this is a desirable business
to have in the community. He said that it did not appear that Hennessey's was
attempting to do this. He stated the he had participated in the public hearing for
approval of CUP 98-18 and that Hennessey's had referred to themselves as a
restaurant, but that it appears to be a "bar" that is attempting to "stretch the rules."
Commissioner Cutuli agreed with the other Commissioners in recommending
another 6-month review period to determine whether Hennessey's will abide by the
conditions of CUP 98-18 and whether the Planning Commission should take action
to revoke some of the privileges previously approved for Hennessey's. He said that
as far as the parking issue is concerned, the tenants should work together to come
to a workable solution to this problem. He stated that trash should never be left in
the alley and that the City should mandate stiff penalties for delivery trucks violating
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delivery hours. He noted that he was more irate about the whole situation than he
was able to express.
Commissioner Sharp stated that he had no objection to extending the hours for
breakfast, but he objected to all of the other violations of the conditions of CUP
98-18. He said that he was adamantly opposed to allowing live entertainment. He
stated that unless Hennessey's remains in compliance during the next 6-month
review period, in all likelihood their CUP would be revoked.
Commissioner Lyon asked how many restaurants in Seal Beach remain open until
1 :00 a.m. Mr. Whittenberg stated that Clancy's remains open until 2:00 a.m., and
Kinda Lahina and The Abbey can also stay open until 1 :00 a.m. He said that he
would have to confirm this by reviewing the CUPs for these businesses.
Commissioner Lyon asked if Hennessey's intended to be a bar that serves liquor or
a restaurant that serves food. Mr. Whittenberg said that this is a question that is
raised by the Planning Commission whenever a restaurant applies for a liquor
license to serve liquor past a certain hour in the evening. He said that Alcohol and
Beverage Control (ABC) has definitions for what constitutes a bona fide eating
establishment and what constitutes a bar. He stated that as long as an
establishment complies with these definitions that is how the business is classified.
Commissioner Lyon said he did not object to extending the hours of operation to
allow Hennessey's to serve breakfast, but there was no excuse for the noise
problems and the trash in the alley.
Chairperson Hood emphasized that Seal Beach is a small town, and people are
neighborly by respecting each other's need for privacy, space, quiet, and fun. He
said that sometimes it becomes the job of the Planning Commission to insist that
these needs be respected.
Commissioner Brown stated that he would move to extend CUP 98-18 for another 6
months with no changes in the COA. He said that if Hennessey's wishes to apply for
an extension of the hours of operation at that time, they may do so. He said that he
was certain that their request for live entertainment would be denied and
recommended that Hennessey's not reapply for this request. He stated that if
Commissioner Sharp chose to put the extended hours to a vote, he could make a
motion to do so.
MOTION by Brown; SECOND by Cutuli to extend Conditional Use Permit 98-18 for
six months with no change in any of the COA.
MOTION CARRIED:
A YES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Lyon, and Sharp
None
None
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Mr. Whittenberg reported that the Planning Commission had indicated their intention
to grant a 6-month extension of CUP 98-18 subject to existing conditions. He noted
that Staff would return at the next meeting with the Resolution for adoption to finalize
this decision. Mr. Whittenberg advised that the 10-day appeal period would begin
after adoption of this Resolution.
Mr. Cummins interjected that there had been some confusion with Mr. Hennessey
about what a review period was. He noted that this 6-month extension will require a
public hearing in 6 months to include the applicant's expense in this process.
Commissioner Brown noted that one of the COA of CUP 98-18 was a 6-month
review followed by a 12-month review. He asked why the 6-month review had not
been done. Mr. Whittenberg stated that this review had "fallen through a crack."
Commissioner Brown confirmed that the review tonight was actually the 12-month
review. Mr. Whittenberg stated that tonight's review was one that should have
occurred much earlier, but that a 6-month review had been granted again.
STAFF CONCERNS
Mr. Whittenberg referred the Planning Commission to a copy of the Draft Initial
Study and Mitigated Negative'Declaration for a Subdivision of the Boeing Property.
He said that this document is now under a public review and 30-day public comment
period. He noted that the Planning Commission would be scheduled to consider this
document and the subdivision map for approval on January 3,2001.
Mr. Whittenberg distributed a memorandum regarding some activities at the Naval
Weapons Station as provided to the City Council.
In response to a request from Chairperson Hood, the Director of Development
Services reported that in-lieu parking fees for Howard Brief have been paid in full.
He stated that even though it may take a while, Staff does take care of code
enforcement issues in Seal Beach.
Mr. Whittenberg reported that the next regularly scheduled meeting of the Planning
Commission is November 22, 2000, the day before Thanksgiving. He said that Staff
was assuming that because of the holiday, there would probably not be a quorum of
the Commission available to conduct business on that date, so they have not
advertised any matters for this agenda date. He stated that the next anticipated
meeting would be on December 6, 2000.
COMMISSION CONCERNS
Commissioner Sharp announced that each year Leisure World usually provides free
flu shots to senior citizens. He said that they have received notice that the serum for
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flu shots would not be available, so this service has been canceled pending
availability of the serum.
Commissioner Cutuli congratulated the elected members of the Los Alamitos Unified
School Board, including his wife, Meg Cutuli.
Commissioner Lyon stated that anyone in need of a flu shot should schedule an
appointment with his or her personal physician. Commissioner Brown said that
there is a regionalized shortage of the flu vaccine and this is currently a serious
problem.
Chairperson Hood also congratulated Meg Cutuli, and reported that he would be out
of town from December 17, 2000 to January 18, 2001. Commissioner Sharp
interjected that perhaps an Internet connection could be set up so that Chairperson
Hood could participate in the January 3 meeting.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 10:00 p.m.
Respectfully Submitted,
(\~\. ^,,"~ A-.~~
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on December 6, 2000, approved the Minutes of the Planning
Commission Meeting of Wednesday, November 8, 2000. ~~ .
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