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HomeMy WebLinkAboutPC Min 2000-09-06 . . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for September 6, 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 o 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. o 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. o Planning Commission meetings are broadcast live on Seal Beach TV3. They are rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m. o Videotapes of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $20 per tape. Telephone: (562) 596-1404. o 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. . . . City of Seal Beach Planning Commission · Agenda of September 6, 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. 2 . . . City of Seal Beach Planning Commission · Agenda of September 6, 2000 City of Seal Beach Planning Commission Agenda for September 6, 2000 7:30 p.m. 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 August 9, 2000. 2. Approve Planning Commission Meeting Minutes of August 23, 2000. VI. SCHEDULED MATTERS VII. PUBLIC HEARINGS 3. Conditional Use Permit 00-9 Ralph's Market (Bixby Old Ranch Towne Center) Applicant/Owner: Request: Kitchell Development Company To sell beer, wine and distilled spirits for off-premises consumption. In addition, the applicant wishes to operate 24-hours. Recommendation: Approval, subject to conditions, and adoption of Resolution 00-32. 4. Site Plan Review 00-3 and Conditional Use Permit 00-8 \ East of Seal Beach Blvd., between northbound 405 Freeway off-ramp and Lampson Ave. Applicant/Owner: Request: Urban Solutions, Inc. for Islands Restaurant To approve a Site Plan Review and Conditional Use Permit request for a proposed 5,557 square foot Islands Restaurant including a 449 square foot outdoor dining area. 3 . . . City of Seal Beach Planning Commission · Agenda of September 6, 2000 Recommendation: Approval, subject to conditions, and adoption of Resolution 00-27 and 00-28. VIII. S1 AFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT 4 . . . City of Seal Beach Planning Commission · Agenda of September 6, 2000 2000 Aaenda Forecast SEP 20 CUP 00-10,1198 Pacific Coast Highway (Blackboard Bistro) CUP 00-11, 137 Main Street (Old Town Cafe) MPR 00-5,308 & 310 Ocean Avenue OCT 04 OCT 18 CUP 99-9 Faith Christian Assembly - 12-Month Review NOV 08 NOV 22 DEC 06 DEC 20 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 (10/7/98) Anaheim Bay Villas (10/7/98) Undergrounding of Utilities And Beyond Calendar: CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan Grill) Review (April 2001) ADA Handicapped-accessible Restrooms (April 2001) 5 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . CITY OF SEAL BEACH PLANNING COMMISSION Minutes of September 6, 2000 Chairperson Hood called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, September 6, 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 Chairperson Hood acknowledged the presence at tonight's meeting of Edna Wilson- Sharp, former Mayor and City Councilperson for the City of Seal Beach. The Commission welcomed her to the meeting. AGENDA APPROVAL Mr. Whittenberg referred the Commission to a letter from Urban Solutions, the representatives for Islands Restaurant, requesting that their application be continued to the Planning Commission meeting of September 20, 2000. He stated that Urban Solutions would like to review the conditions of approval as presented in the Staff Report with the master developer to clarify the responsibilities for each party. He requested that Item No.4 be removed from the agenda. MOTION by Brown; SECOND by Cutuli to approve the Agenda as amended. MOTION CARRIED: A YES: NOES: ABSENT: 5-0 Brown, Cutuli, Hood, Lyon, and Sharp None None 1 These Minutes were transcribed from audiotape of the meeting. .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Planning Commission Meeting Minutes of September 6, 2000 ORAL COMMUNICATIONS Chairperson Hood opened oral communications. None. Chairperson Hood closed oral communications. CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of August 9, 2000. 2. Approve Planning Commission Meeting Minutes of August 23, 2000. MOTION by Cutuli; SECOND by Sharp to approve the Consent Calendar as presented. MOTION CARRIED: 5 - 0 AYES: Brown, Cutuli, Hood, Lyon, and Sharp NOES: None ABSENT: None SCHEDULED MA TIERS None. PUBLIC HEARINGS 3. Conditional Use Permit 00-9 Ralph's Market (Bixby Old Ranch Towne Center) ApplicanVOwner: Request: Kitchell Development Company To sell beer, wine and distilled spirits for off-premises consumption. In addition, the applicant wishes to operate 24-hours. Recommendation: Approval, subject to conditions, and adoption of Resolution 00-32. 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 described the property as Site E of Development Area A of the Bixby Old Ranch 2 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Planning Commission Meeting Minutes of September 6, 2000 Towne Center. He reported that the market would measure approximately 57,541 square feet. He stated that Staff usually has the Seal Beach Police Department (SBPD) review applications for alcohol beverage sales, and that Captain John Shaeffer has reviewed this application and recommends approval. He described the surrounding land uses as follows: NORTH: SOUTH &EAST: Vested Tract Map for 75 single family homes. Bixby Old Ranch Towne Center Golf Course in a Recreation/Golf (RIG) Zone. WEST: Rossmoor Shopping Center in a General Commercial C-2 Zone. Mr. Cummins noted that noise is usually the primary issue associated with 24-hour operation of a business. He indicated that in evaluating this type of request Staff will usually look at where the nearest housing is located in relation to the proposed use. He reported that in this case the nearest housing is over 650 feet away. He stated that in the past the Planning Commission has granted permits for 24-hour operation of businesses significantly closer to residences. Mr. Cummins explained that in determining the concentration of liquor licenses in the county Alcohol and Beverage Control will take a ratio of the total number of licenses issued in the County and divide this by the total population to establish a base ratio. He reported that currently the ration for off-site sale licenses is 1 license for every 1,642 residents. He stated that this ratio is then applied to the population of the census tract to generate the number of allowable licenses. He said that currently for this census tract 4 off-site sale licenses are allowed, and none have been issued so far. Mr. Cummins noted that a Conditional Use Permit for Sav-On Drugs has already been approved at the City level and is pending application for an alcohol license. He stated that approval of this request by Ralph's Market would be the second off-site sale license within this census tract, which is still less than the total of 4 allowed. Staff recommends approval subject to conditions as this request is consistent with the Land Use Element of the General Plan and the building and property are adequate in size, shape, and topography for the proposed use. Commissioner Questions Commissioner Sharp asked if the nearest housing would be the new homes to be constructed as a part of the Bixby Old Ranch Towne Center, or if Mr. Cummins was referring to housing in Rossmoor. Mr. Cummins responded that he was referring to housing in Rossmoor. Commissioner Sharp asked if this was the housing near the corner of Seal Beach Boulevard and Lampson. Mr. Cummins responded that -was actually referring to the homes near St. Cloud and Seal Beach Boulevard. Commissioner Sharp stated that he had noted that one of the Conditions of Approval prohibits Ralph's from having video games or similar amusements on the premises. 3 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .:~ City of Seal Beach Planning Commission Meeting Minutes of September 6, 2000 He asked if this also included lottery tickets. Mr. Boga referred to Condition No.6 of Resolution 00-32 and responded that he would not interpret this condition as applying to the lottery. He reported that state law basically pre-empts local cities from regulating lottery sales. Public Hearina Chairperson Hood opened the public hearing. No members of the public wished to comment. Chairperson Hood closed the public hearing. Commissioner Comments Commissioner Lyon commented that the Seal Beach Market sells liquor and also sells lottery tickets. Chairperson Hood asked if Staff had inquired of a biologist whether the noise from this market would disturb the rabbits and gophers in the Bixby Ranch Golf Course. Mr. Whittenberg responded that Staff had not discovered this issue. Commissioner Sharp reported that all of the rabbits are in Leisure World. MOTION by Sharp; SECOND by Brown to approve Conditional Use Permit 00-9, and adopt Resolution 00-32 as presented. MOTION CARRIED: A YES: NOES: ABSENT: 5-0 Brown, Cutuli, Hood, Lyon, and Sharp None None Mr. Whittenberg advised that the adoption of Resolution No. 00-32 begins a 10-day calendar appeal period to the City Council. The Commissioner action tonight is final and the appeal period begins tomorrow morning. 4. Site Plan Review 00-3 and Conditional Use Permit 00-8 East of Seal Beach Blvd., between northbound 405 Freeway off-ramp and Lampson Ave. Applicant/Owner: Request: Urban Solutions, Inc. for Islands Restaurant To approve a Site Plan Review and Conditional Use Permit request for a proposed 5,557 square foot Islands Restaurant including a 449 square foot outdoor dining area. 4 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 . City of Seal Beach Planning Commission Meeting Minutes of September 6, 2000 Recommendation: Approval, subject to conditions, and adoption of Resolution 00-27 and 00-28. STAFF CONCERNS Mr. Whittenberg reminded the Commission of the Planning Commissioners Seminar scheduled for October 12, 2000, and stated that if any of the members wished to attend, they should contact the Department of Development Services to arrange for registration. He reported that Chairperson Hood and the Director of Development Services would be attending. COMMISSION CONCERNS Commissioner Cutuli requested an update on the status of Conditional Use Permit 00-2 for Starbucks. Mr. Whittenberg stated that Councilperson Yost has filed an appeal and the matter is scheduled for discussion at the City Council meeting of September 25,2000. ADJOURNMENT Chairperson Hood adjourned the meeting at 7:45 p.m. Respectfully Submitted, C'^-k~(\~ ~~~ Carmen Alvarez, Executive Secretary Planning Department APPROVAL The Commission on September 20, 2000, approved the )(1inutes of the Planning Commission Meeting of Wednesday, September 6, 2000. ~. 5