HomeMy WebLinkAboutPC Min 2001-07-11
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for July 11, 2001
7:30 p.m.
District 1 - Brian Brown
District 2 - Jim Sharp
District 3 - Len Cutuli
District 4 - David Hood
District 5 - Phil Ladner
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 July 11, 2001
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 MA TIERS: 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 July 11, 2001
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City of Seal Beach Planning Commission
Agenda for July 11, 2001
7:30 p.m.
I.
PLEDGE OF ALLEGIANCE
II.
ROLL CALL
III.
AGENDA APPROVAL
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or public to
request an Item is removed from the Consent Calendar for separate action.
IV. ORAL COMMUNICATIONS
At this time, members of the public may address the Planning Commission regarding any Items
within the subject matter jurisdiction of the Planning Commission, provided that the Planning
Commission may undertake no action or discussion unless otherwise authorized by law.
. V. CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and are enacted by one motion unless
prior to enactment, a member of the Planning Commission, staff, or the public requests a specific
item be removed from the Consent Calendar for separate action.
1. Approve Planning Commission Meeting Minutes of June 20,2001.
VI. SCHEDULED MATTERS
VII. PUBLIC HEARINGS
2. Vanance 01-2 - Continued from June 6, 2001
316 Eleventh Street
Applicant/Owner:
Request.
Jim McCoy /Inge Wagner
To encroach into the rear yard (alley) setback area. Specifically, the
applicant proposes to construct a garage that would be approximately 6
feet from the rear property line. The current setback for that area is 9
feet.
Recommendation:
Approval, subject to conditions and adoption of Resolution 01-23.
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3. Conditional Use Permit 01-6 & Variance 01-3 - Continued from June 20,2001
500 Pacific Coast Highway, SUite 0-107
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Cfty of Seal Beach Planning Commission. Agenda of July 11, 2001
Applicant/Owner:
Request:
Recommendation:
Thong R. Tran, Oster's Donuts I James Watson
To intensify the land use in a shopping center that is underparked by
allowing an outdoor seating area at an eXisting donut shop and to
operate 24 hours a day, 7 days a week.
Approval, subject to conditions and adoption of Resolution 01-24 and
Resolution 01-28.
4. Conditional Use Permit 98-18 (Indefinite Extension) - Continued from June 20,2001.
143 Main Street
Applicant/Owner:
Request:
Recommendation:
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
Hennessey's Tavern, Inc./Dorothy Nescher
To continue to operate in a remodeled structure with an outdoor patio.
The City Council originally approved CUP 98-18 in January 1999. At the
end of the review period the applicant applied for an indefinite extension.
The City Council granted a six-month extension. That approval, its
conditions, and the applicant's request to add live music (which was
denied by City Council) are the subject of this application. Specifically,
the applicant would like Condition #11 (ban on exterior advertising of
alcoholic beverages) removed.
Approval, subject to conditions as recommended by Staff and as may
further be revised by the Commission after considenng public testimony
Adoption of Resolution 01-27.
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July 18
Aug 08
Aug 22
Sept 05
Sept 19
Oet 03
Oet 17
Noy 07
Noy 21
Dee 05
. Dee 19
City of Seal Beach Planning Commission' Agenda of July 11, 2001
2001 Aaenda Forecast
CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan Gnll) Review
TO BE SCHEDULED:
o Study Session: Permitted Uses and Development Standards in Commercial Zones (5/6/98)
o Study Session: Seal Beach Boulevard (10/7/98)
o Staff Report: Undergrounding of Utilities
o Study Session: Retaining Walls
o Study Session: ADA Handicapped-Accessible Restrooms
o Tentative Parcel Map 2000-134 (Boeing Company)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of July 11, 2001
Chairperson Hood called the adjourned meeting of the Planning Commission to
order at 7:30 p.m. on Wednesday, July 11, 2001. 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, Ladner, 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 noted that the applicant for Item NO.1 is requesting that this item be
continued to the Planning Commission meeting of July 18, 2001, to allow for
changes to the development proposal plans for Variance 01-2.
MOTION by Cutuli; SECOND by Sharp to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
Mr. David Rosenman inquired whether there was to be a Determination of Zoning for
exercise studios on Main Street presented at the Planning Commission meeting of
July 18, 2001. He said he felt it was necessary to alert the public.
1 These Minutes were transcribed from audiotape of the meeting.
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Mr. Reg Clewley referred to a newspaper article in the Long Beach Press Telegram
regarding the State's recent ruling that poisoning of rabbits may only take place on
agricultural land and not in residential areas. He called for the Planning Commission
to take any action possible to stop the killing of the rabbit population currently
inhabiting Leisure World.
There being no other members of the public wishing to speak, Chairperson Hood
closed oral communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of June 20,2001.
MOTION by Sharp; SECOND by Ladner to approve the Minutes of June 20, 2001 as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
SCHEDULED MA TIERS
None.
PUBLIC HEARINGS
2. Conditional Use Permit 01-6 & Variance 01-3 - Continued from June 20,2001
500 Pacific Coast Highway, Suite D-107
Applicant/Owner:
Request:
Thong R. Tran, Oster's Donuts / James Watson
To intensify the land use in a shopping center that is
underparked by allowing an outdoor seating area at an
existing donut shop and to operate 24 hours a day, 7
days a week.
Recommendation:
Approval, subject to conditions and adoption of
Resolution 01-24 and Resolution 01-28.
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He reviewed the information presented at the meeting of
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of July 11, 2001
June 6, 2001, and stated that Staff is recommending approval of both Conditional
Use Permit (CUP) 01-6 and Variance (VAR) 01-3. He stated that the main issue
discussed at the June 20 meeting was the issue of parking. He noted that the Bay
City Center is currently underparked and approval of the VAR 01-3 is required in
order to expand Oster's square footage. Mr. Cummins said that the applicant had
reported that the majority of parking usage was during the afternoon and into the late
afternoon, leaving ample parking in the early morning hours before 10:00 a.m. He
stated that Staff did complete a parking analysis, as directed by the Planning
Commission, and the data essentially verifies the information previously provided by
the applicant. The Assistant Planner noted that the busiest time was during lunch
between the hours of 11:30 a.m. and 12:00 p.mo with the highest use reflecting 147
parking spaces out of 171 used, leaving 14% of the parking lot underutilized. He
said that in the mornings more than two-thirds of the lot was usually empty. He
noted that because Oster's does most of its business before 10:00 a.m., Staff is
recommending approval.
Commissioner Questions
None.
Public Hearing
Chairperson Hood opened the public hearing.
Mr. Jim Watson spoke for Thong Tran and reported that his staff had prepared a
questionnaire, which was distributed to all of the businesses in the Bay City Center
requesting input on parking utilization. He emphasized that there is adequate
parking and the data provided in this study will be helpful in creating a more efficient
parking plan. Mr. Watson stated that Mr. Tran and the previous business operator
for Oster's have used the outside eating area ever since the center was approved in
1977. He noted that Mr. Tran has had a problem with skateboarders jumping over
the tables whenever he attempts to use the outside eating area. He stated that Mr.
Tran also has had problems with a derelict using the seating area while panhandling.
Mr. Reg Clewley expressed his vehement opposition to CUP 01-6 and VAR 01-3
stating that approval would aggravate an already serious parking problem at the Bay
City Center, and create an increased need for police presence. He said that
approval would also serve to vest specific entitlements to this property extending
beyond the operation of a donut shop. He argued that because donut sales occur
primarily in the early morning, an outdoor eating area would prove too cold for use
by patrons during that time of day. Mr. Clewley noted that all the parking spaces in
front of Oster's have been painted green indicating 10-minute or less parking, which
does not warrant outdoor seating. He stated that he expects that after receiving
entitlements, Oster's will close down to make way for a new 24-hour expresso bar
and coffee house creating a greater need for parking. He said that to grant CUP 01-
6 and VAR 01-3 would demonstrate poor planning on the part of the Planning
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City of Seal Beach Plannmg Commission
Meeting Minutes of July 11, 2001
Commission. He stated that once outdoor seating and 24-hour operation privileges
are granted this creates a target for something other than a donut shop. He said
that donuts are not sold in the evening and that most donut shops are closed at
night. Mr. Clewley noted that in the evenings the Bay City parking lot fills up with
patrons of the restaurants within the center. He questioned City Council's proposal
to place parking meters within the City and noted that this would lead to visitors
using the street on "The Hill" for parking.
Mr. David Rosenman referred to the meeting of June 6, 2001, when Commissioner
Sharp had asked the Director of Development Services whether the CUP would run
with the property. He reported that Mr. Lee Whittenberg had confirmed that it would.
Mr. Rosenman wamed that approval of CUP 01-6 might be setting up a chain of
consequences that might come back to do some things that were not anticipated.
Mr. Jim Watson stated that from a security standpoint, Mr. Tran has been of
assistance as he lets Watson & Associates know if the security guard does not
arrive for duty. Mr. Watson stated that he likes having donut shops as tenants
because they decrease crime since they do not carry a lot of cash and there is
usually a police presence available. He noted that Oster's was not requesting 24-
hour operation, but Mr. Tran does arrive at the shop at 4:00 a.m. to begin cooking
and he does not leave until very late at night. He stated that the proposed outdoor
eating area is already a paved area so no additional green space would be paved
over. He reported that Mr. Tran has signed a long-term lease and has no intention
of leaving this business site.
Chairperson Hood closed the public hearing.
Mr. Whittenberg clarified the information regarding Mr. Rosenman's comments on
whether the CUP would run with the property. He noted that Condition NO.3 of the
conditions of approval for CUP 01-6 indicates that the CUP is for a donut shop only
and any other use of the property would require a, separate CUP application. He
explained that a CUP will generally run with the land, but the occupant must
maintain the same use for which the CUP was approved. He stated that 24-hour
operation does. require a CUP, but does not necessarily mean that the business
would be open to the public 24 hours a day. He noted that the Planning
Commission could direct that this information be included in the CUP.
Commissioner Commehts
Commissioner Cutuli stated that he believed the CUP should reflect the hours that
Mr. Tran is actually working rather than a 24-hour approval. Mr. Whittenberg
reported that City Ordinance requires that for anything operating between the hours
of 2:00 a.m. and 6:00 a.m. a CUP is required, but the hours can be limited to
whatever the Planning Commission feels is appropriate.
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City of Seal Beach Planning CommIssion
Meetmg Minutes of July 11,2001
Commissioner Sharp asked Chairperson Hood to re-open the public hearing in order
to ask Mr. Watson for an estimate of the hours that the donut shop would actually
open to the public.
Public Hearinq
Chairperson Hood re-opened the public hearing.
Mr. Watson stated that Mr. Tran had asked that Mr. Watson clarify that he arrives at
2:00 a.m. to begin preparation for cooking and opens for business sometimes as
early as 4:00 a.m. Mr. Watson stated that he was not looking for a 24-hour
operation time and that the Planning Commission could determine that the business
be closed between 12:00 a.m. and 2:00 a.m.
Commissioner Sharp clarified that what the Planning Commission needs to know is
what the hours of operation would be. Mr. Tran reported that he would like to open
at 4:00 a.m. and close at 11 :00 p.m.
Chairperson Hood closed the public hearing.
Commissioner Comments
Commissioner Cutuli asked if the property were to become a Krispy Kreme donut
shop, would the application have to come before the Planning Commission. Mr.
Whittenberg stated that any donut shop use could go into this property. He noted,
however, that an establishment like Krispy Kreme would not consider this location as
they would require a much larger store.
Commissioner Sharp stated that he did not see a problem in granting approval of
CUP 01-6 for 24-hour operation, as long as the business hours for service to the
public are limited to 4:00 a.m. to 11 :00 p.m.
Commissioner Brown asked if the hours stipulated under the conditions of approval
for CUPs designate the hours the business is open to the public or the hours that
anyone can be working on the premises. Mr. Whittenberg responded that what the
Planning Commission has historically done for CUPs is to specify when employees
can be on the premises during early morning hours. He noted that this was done for
Burger King and several other uses within the City. Commissioner Brown asked
how the City Code interprets this issue. Mr. Whittenberg stated that City Code states
that this applies if there are people conducting business, which Staff interprets to
include employees getting things ready to conduct business with the public.
Commissioner Brown stated that he has no objection to the outdoor patio or to Mr.
Tran being at his business 24-hours a day. Commissioner Brown said that he does
have a problem with granting a VAR for parking. He noted that he had cautioned the
Commission when approval was given to Skin Essential for a parking Variance, that
once the Commission "goes down that slope there is no turning back." He stated
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City of Seal Beach Plannmg Commission
Meeting Minutes ofJuly 11,2001
that now the Planning Commission finds itself going business by business granting
variances, which he believes to be illegal. He noted that there are no special
circumstances other than someone wanting to expand a business in a business
center that doesn't have the required parking space. Commissioner Brown stated
that if the business center is underparked, it becomes a question of regulations and
the City must come up with a parking management plan for this center to prevent the
Planning Commission from having to determine this on a case-by-case basis. He
said that it is ridiculous to have to hold a public hearing regarding parking needs
every time a business wants to expand. He reiterated that he did not feel it was right
to grant a Variance for 3 parking spaces simply because a business wants to
expand. He stated that this does not meet any of the requirements for a Variance.
He said that he would vote to approve CUP 01-6, but he would vote against VAR 01-
3. He stated that perhaps Staff could return with a more appropriate parking
management plan for this business center.
Commissioner Sharp commented that many times in the past the Planning
Commission has attempted to come up with a uniform parking plan for multi-use
business developments, but has had no success in finding one that works.
Commissioner Cutuli stated that he agreed with Commissioner Brown regarding the
fact that the Planning Commission should not be granting a Variance every time a
business owner wants to expand his business without the required parking. He
noted that in this case, the Bay City Shopping Center has served as "its own test
case" where in reality if there is space for parking the hardship is a financial one to
the owner of the business and to the landlord, although minor. He stated that he
would vote to grant VAR 01-3, but he cautioned that no other variances should be
granted until this one has been tested for at least one year or more.
MOTION by Sharp; SECOND by Cutuli to approve Variance 01-3 and adopt
Resolution 01-24.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-1
Cutuli, Hood, Ladner, and Sharp
Brown
None
MOTION by Sharp; SECOND by Cutuli to approve the Conditional Use Permit 01-6
with the condition that the hours of operation be restricted to 4:00 a.m. to 11 :00 p.m.
and to adopt Resolution 01-28 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
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City of Seal Beach Planning Commission
Meeting Minutes of July 11,2001
Mr. 80ga advised that the adoption of Resolution Nos. 01-24 and 01-28 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. Conditional Use Permit 98-18 (Indefinite Extension) - Continued from June 20, 2001.
143 Main Street
Applicant/Owner:
Request:
Hennessey's Tavern, Inc./Dorothy Nescher
To continue to operate in a remodeled structure with an
outdoor patio. The City Council originally approved CUP
98-18 in January 1999. At the end of the review period
the applicant applied for an indefinite extension. The City
Council granted a six-month extension. That approval,
its conditions, and the applicant's request to add live
music (which was denied by City Council) are the subject
of this application. Specifically, the applicant would like
Condition #11 (ban on exterior advertising of alcoholic
beverages) removed.
Recommendation:
Approval, subject to conditions as recommended by Staff
and as may further be revised by the Commission after
considering public testimony. Adoption of Resolution,
01-25.
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 the applicant is requesting three (3) amendments to the original approval
as follows:
1. Expand the opening hours of operation from 11 :00 a.m. Monday- Saturday and
9:00 a.m. on Sundays, to 7:00 a.m. daily.
2. Amend Condition No. 18 to allow live entertainment between the hours of 9:00
p.m. and midnight.
3. Complete removal of Condition No. 11, which places a ban on exterior
advertising of alcoholic beverages.
He noted that the Planning Commission has the authority to look at the three items
and also to determine whether or not outside dining should be allowed. He stated
that a prior CUP approved the issue of whether or not Hennessey's should be
allowed to operate and sell alcohol.
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City of Seal Beach Planning Commission
Meeting Minutes of July 11, 2001
Mr. Cummins described the surrounding land uses as follows:
NORTH:
Adjoining parking lot for Hennessey's and Walt's Wharf in
the Main Street Specific Plan (MSSP) Zone.
SOUTH & EAST:
Commercial businesses within the Main Street Specific Plan
(MSSP) Zone.
WEST:
Grace Church and residential housing in a Residential High
Density (RHO) Zone.
The Assistant Planner noted that the applicant would like the ability to open for
breakfast every day at 7:00 a.m. He stated that Staff has no objection to this
request. He stated that the City currently deals with requests for live entertainment
on a case-by-case basis. He said that requests for special event permits for live
entertainment are made to the City Manager's office. The City Manager may
approve up to four permits per business per location per year. He stated that Staff
feels this is the best way to deal with these requests rather than issuing permits
allowing businesses to have live entertainment every Friday and Saturday night. Mr.
Cummins stated that Staff is recommending denial of the request for live
entertainment.
Regarding request No.3, Mr. Cummins noted that the ban on exterior advertising of
alcoholic beverages is a standard condition of approval for all alcohol-related CUPs.
He specified that the item in question is a mural that is painted on the inside wall of
the outdoor dining area. He said that Staff makes no specific recommendation on
this request and would leave the determination to the Planning Commission.
Mr. Cummins reported that three letters regarding this application were received and
were noted for the record. Ms. Lisa Woodruff wrote in support of the breakfast hours
on a trial basis and stated her opposition to live entertainment. Mr. Jim Siu wrote in
opposition to live entertainment and the advertising of alcohol. The Seal Beach
Chamber of Commerce wrote in support of this application.
Commissioner Questions
None.
Public Hearing
Chairperson Hood opened the public hearing.
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Mr. Paul Hennessey stated that he would like to wait until after everyone had spoken
so that he could respond to questions and make closing comments.
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City of Seal Beach Planning Commission
Meeting Mmutes of July 11, 2001
Mr. J.D. Fox spoke in favor of the extended hours of operation. He said that many
other restaurants in town are open at 7:00 a.m. and he did not believe it would be
fair to deny Hennessey's the same privilege.
Mr. Brian Beckman, Regional Manager for Hennessey's, Inc., stated that he has
worked for the company for 14 years and was the General Manager for the Seal
Beach location for 2 years. He said that breakfast has always been a part of the
Hennessey's menu. He stated that during his time at the Seal Beach store there
were many day when customers would be knocking on the restaurant door looking
for breakfast. He said that during his tenure as manager in Seal Beach, there had
never been any problems with opening for breakfast. He reported that Hennessey's
has been a benefactor of many charitable organizations and tries to do its part within
the City. He encouraged approval of the extended hours.
Mr. Jim Sidan, an employee of Hennessey's Tavern, stated that although Paul
Hennessey agreed to surrender the entertainment license when he took over the
location, since then businesses have changed. He noted that restaurants along
Pacific Coast Highway are allowed to have entertainment on a nightly basis, and he
does not understand why businesses on Main Street should not have the same
privilege. He said that he has had many customers come to the restaurant inquiring
when it will be open for breakfast. He stated that with the extended hours the
restaurant would have to increase its staff, creating more employment opportunities
and also providing more tax revenues for the City.
Mr. Brian Juarez, a resident of Bellflower, spoke in favor of Hennessey's opening for
breakfast. He said that he enjoys having breakfast in Seal Beach and believes that
Hennessey's should be provided the same opportunity as the other restaurants
along Main Street to open for breakfast.
Ms. Lisa Woodruff read her letter into the record expressing opposition to live
entertainment and exterior advertising of alcoholic beverages. She stated that too
many of the nearby residents would be affected by the noise from live entertainment.
Her letter spoke in favor of allowing Hennessey's to open for breakfast on a trial
basis to ensure their continued cooperation with the Conditions of Approval.
Mr. Reg Clewley stated his opposition to approval of an Indefinite Extension of CUP
98-18, and against extending the hours of operation, live entertainment, and to the
exterior advertising of alcohol sales. He said that advertising of alcohol would only
contribute to more inebriated people along Main Street. Mr. Clewley noted that the
name, Hennessey's Tavern, is advertisement enough that it is an establishment that
sells alcohol. He said that this restaurant should not be allowed to serve alcohol to
customers in an outdoor dining area.
Mr. David Rosenman explained that businesses along Main Street differ from
businesses along Pacific Coast Highway (PCH) in that unlike the establishments
along PCH, the restaurants on Main Street are surrounded by residential properties.
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He said he agreed with Staffs recommendations. He stated that as he recalled, the
windows for the outdoor dining area are supposed to be closed after 9:00 p.m. He
said that there have been many occasions when he has heard noise coming from
Hennessey's after 9:00 p.m. and he has noted that the outdoor dining area windows
had been left open. He recommended a 3-month or 6-month review period before
granting an indefinite extension.
Ms. Gail Ayres stated that she lives near Hennessey's and she and her husband are
concerned about the live entertainment. She noted that three other people on her
street are also opposed to allowing live entertainment. She asked if the ban on
exterior advertising of alcohol would include text stating "Happy Hour," etc. Mr.
Whittenberg said that it would be a matter of interpretation. He stated that Staff
would consider the words "Happy Hour" to be an advertisement for alcoholic
beverages. She noted that Hennessey's sign states "Irish Hour."
Mr. Woody Woodruff recommended denial of an Indefinite Extension of CUP 98-18.
He cited the history of Hennessey's and the problems with management ignoring the
directives of the City and conducting business in violation of the Conditions of
Approval. He stated that when Hennessey's began operating in Seal Beach he had
assumed that this was a "family restaurant" offering fine dining, but, unfortunately,
this did not turn out to be the case. He noted that until the notices went out for
tonight's meeting, he had never received notification of the public hearings for any of
Hennessey's applications. Mr. Woodruff reiterated that with the history of a lack of
cooperation, Hennessey's should not be granted permanent status. He stated that if
Hennessey's were not here, another nice restaurant could move into that location.
He noted that the City has not had the same type of problems with O'Malley's across
the street. He encouraged the Planning Commission to consider the problems
experienced with Hennessey's in making a determination to approve an indefinite
extension. He stated that he believed a different system for mailing out notices for
public hearings should be incorporated as many of the residents and business
owners are not receiving notification.
Ms. Mariano, a Seal Beach resident and the General Manager of Hennessey's,
stated that Hennessey's has been a good neighbor by donating time, food, and gift
certificates to communjty events. She said that she feels that Hennessey's has
been treated unfairly with regard to the hours of operation. She noted that alcohol
would not be served during the breakfast hours. She reported that she had a folder
containing letters from schools and local merchants showing that Hennessey's has
donated a great deal of time to the community.
Mr. Paul Hennessey stated that he disagrees with calling the outdoor dining area a
"patio." He noted that it is enclosed on three sides and has a ceiling and contains
six tables for seating of guests. He commented that he was not aware of any other
restaurants in Seal Beach with outdoor dining areas that are required to close their
windows at a specific time. He said that the patrons having breakfast are not
making a lot of noise and he does not believe that the windows should have to be
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closed between the hours of 7:00 and 9:00 a.m. Mr. Hennessey stated that the
mural on the wall is inset from the front door by approximately 4 feet and is not in
violation of CUP 98-18. He said that the mural was painted prior to Hennessey's
receiving the occupancy permit after City officials had completed their inspection of
the facility. He said that no notice of a violation for the mural was received until a
year and a half after the restaurant was in operation. He 'said that he walked up and
down Main Street prior to coming to tonight's meeting and noted ten other
restaurants that sell alcohol. He reported that one establishment had a sign painted
on the window facing Main Street stating "Saloon. Premium spirits. California
wines." Another location had a sign stating "Restaurant Brewhouse." Another had
two neon signs in the window stating "Miller Light Beer" and "Corona," with a fourth
establishment posting a wooden sign on the sidewalk with the words "Wine of the
month," listing the wine, and "Beer of the month," again listing the beer. Mr.
Hennessey noted several other establishment signs following the same types of
themes. With regard to live entertainment, Mr. Hennessey stated that there are
other restaurants in town and along Main Street that have had entertainment. He
noted that there are also residential areas adjacent to and along PCH. He said he
would be happy to respond to questions from the Commissioners.
Chairperson Hood closed the public hearing.
Commissioner Comments
Commissioner Brown stated that as he recalled the Planning Commission did not
stipulate the hours of operation but simply approved the hours as requested by
Hennessey's on their original application. He said he had no problem with the
restaurant opening at 7:00 a.m. He noted that the City should be fair to Hennesey's
in this regard. He stated that he has no serious objections to the mural and
considers it to be more a piece of art than an advertisement for alcohol as more
commonly represented. He continued by stating that he felt the City should be fair to
Hennessey's by treating them as it does all the other businesses on Main Street by
prohibiting live entertainment. Commissioner Brown noted that this policy decision
has been in place for a long time.
Commissioner Sharp stated that the issue of advertising for alcoholic beverages has
come before the Planning Commission many times throughout the years, and the
Commission has always voted against it. He said that he had no objection to the
extended hours of operation, but there is no way he would vote to allow the mural to
remain nor would he approve the request for the live entertainment.
Commissioner Cutuli noted that he was completely in agreement with Commissioner
Sharp's comments. He stated that in Hennessey's original application for approval,
they had stated that this would be a restaurant that serves alcohol rather than a bar
that serves food. He said that the issue of live entertainment should not even be a
part of this discussion. He stated that the mural is an advertisement for alcohol and
should be removed. He continued by stating that despite their donations to
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community activities, Hennessey's has not demonstrated itself to be a "friendly
neighbor" because they have disregarded their immediate neighbors. He
recommended approving the CUP with a 6-month review. He stated that he had no
objection to the extended hours.
Commissioner Ladner stated that he had no objection to the extended hours, but he
was opposed to allowing the mural to remain. He noted that if Hennessey's were
allowed to advertise alcoholic beverages, all of the other restaurants and bars in the
City would want to have the same privilege. He said that the issue of live
entertainment should continue to be handled by the City Manager on a case-by-case
basis. He recommended a 6-month review of CUP 98-18.
Chairperson Hood reviewed the comments noting that there was no opposition to
the extended hours, total opposition to live entertainment, and that the majority of
the Planning Commission is opposed to allowing the Guinness mural to remain.
MOTION by Cutuli; SECOND by Ladner to approve a 6-month extension of
Conditional Use Permit 98-18, to continue the existing condition prohibiting live
music without a special use permit, to modify the hours to allow Hennessey's to
open at 7:00 a.m., and to add a sentence to Resolution 01-25 that states the existing
mural does constitute exterior advertising of alcoholic beverages within the meaning
of Condition No. 11 and must be removed. Adopt Resolution 01-25 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Boga advised that the action of the Planning Commission tonight is final. Staff
will make the necessary corrections to Resolution 01-25 and this begins a 10-day
calendar appeal period to the City Council. The appeal period begins tomorrow
morning.
STAFF CONCERNS
Mr. Whittenberg reminded the Planning Commission of the regular meeting
scheduled for July 18, 2001.
COMMISSION CONCERNS
Commissioner Brown asked for an update on the Cold Stone Ice Cream Parlor patio
on Ocean Avenue. Mr. Cummins reported that he had spoken with both the
business owner and property owner and informed them that the counter constitutes
and outdoor dining area, and they must apply for a Conditional Use Permit or
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remove the counter. The owner informed Staff that they are no longer allowing
customers to use the counter and Mr. Cummins noted that the last time he checked,
the doors leading to the outdoor counter were closed. Commissioner Brown asked if
the City was to issue a "Stop, Work Order." He said that he had observed people
putting up glass at this location. Mr. Cummins noted that the City did issue a permit
for a block wall with glass, but the countertop within the enclosed patio has not been
approved. Mr. Whittenberg stated that Staff would continue to monitor this location
and expects to receive an application for a CUP for an outdoor eating area.
Commissioner Brown asked about the parking situation at this location. Mr.
Whittenberg stated that this would be evaluated when the application is received.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 9:04 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secret
Planning Department
APPROVAL
The Commission on August 8, 2001 approved the Minutes of the Planning
Commission Meeting of vyednesday, July 11, 2001. ~
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