HomeMy WebLinkAboutPC Min 2001-12-05
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for December 5, 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 December 5, 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 December 5, 2001
City of Seal Beach Planning Commission
Agenda for December 5, 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 October 17, 2001.
2. RECEIVE AND FILE: "Due Process Issues Arising From Local Government Meetings," dated
December 5, 2001
VI SCHEDULED MATTERS
VII. PUBLIC HEARINGS
3. Height Variation 01-6
621 Southshore Drive
Applicant/Owner.
Request.
Mario & Josephine Pinel
To construct a non-habitable architectural feature in excess of the 25-
foot height limit. Specifically, the applicant proposes to construct a
covered roof access structure to exceed the height limit by approximately
6Y:z feet.
Recommendation.
Approval, subject to conditions and adoption of Resolution 01-49.
4. Conditional Use Permit 01-14
12420 Seal Beach Blvd. (Daphne's Greek Cafe)
Applicant/Owner:
George Katakllldis
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City of Seal Beach Planning Commission. Agenda of December 5, 2001
Request:
To operate a restaurant that serves beer and wine for on-site
consumption only, and to have an outdoor seating patio. The proposed
outdoor seating area would seat approximately 12 people.
Recommendation: Approval, subject to conditions and adoption of Resolution 01-48
5. Conditional Use Permit 01-15
12430 Seal Beach Blvd. (Pick Up Stix Restaurant)
ApplicanUOwner:
Request.
Recommendation'
Pick Up Stix, Inc
To operate a restaurant that that has an outdoor seating patio. The
proposed outdoor seating area would seat approximately 48 people.
The restaurant land use is permitted by right, but the outside dining patio
requires a Conditional Use Permit.
Approval, subject to conditions and adoption of Resolution 01-50
6. Conditional Use Permit 01-16
12420 Seal Beach Blvd. (Rubio's Restaurant)
AppllcanUOwner:
Request:
Art Rodnguez & Associates
To operate a restaurant that serves beer and wine for on-site
consumption only, and to have an outdoor seating patio. The proposed
outdoor seating area would seat approximately 30 people
Recommendation: Approval, subject to conditions and adoption of Resolution 01-51.
7. Tentative Tract Map 16306
Site Plan Review 01-4
Centex Homes
AppllcanUOwner'
Request.
Recommendation:
VIII. STAFF CONCERNS
IX COMMISSION CONCERNS
X. ADJOURNMENT
Hunsaker & Assoclates/ Bixby Ranch Co.
To approve Tentative Tract Map and Site Plan Review for a proposed 3-
home single-family, detached housing project as an additional
component to the existing Centex Homes development. Proposed lot
sizes range between 6,098 and 7,405 square feet. The proposed slngle-
family homes are all 2-story, between 3,013 and 3,305 square feet of
living area. A tentative parcel map is required to permit the land
subdivision and the Site Plan Review is required as a condition of a
development agreement between the City and property owner.
Approval, subject to conditions and adoption of Resolutions 01-46 and
01-47.
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City of Seal Beach Planning Commission. Agenda of December 5, 2001
Dee 19
TO BE SCHEDULED:
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Study Session"
Staff Report:
Study Session:
Study Session:
2001 Aaenda Forecast
Permitted Uses and Development Standards In Commercial Zones (5/6/98)
Undergroundlng of Utilities
Retaining Walls
ADA Handicapped-Accessible Restrooms
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of December 5, 2001
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:33 p.m. on Wednesday, December 5, 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
MOTION by Cutuli; SECOND by Ladner to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
There being no one wishing to speak, Chairperson Hood closed oral
communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of October 17, 2001.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of December 5, 2001
2. RECEIVE AND FILE: "Due Process Issues Arising From Local Government
Meetings," dated December 5, 2001
Mr. Whittenberg noted that because Commissioner Ladner was not present for the
meeting of October 17, 2001, he should abstain from voting on Item 1.
MOTION by Sharp; SECOND by Cutuli to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABTAIN:
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
3. Height Variation 01-6
621 Southshore Drive
ApplicanVOwner:
Request:
Recommendation:
Staff Report
4-0-1
Brown, Cutuli, Hood, and Sharp
None
None
Ladner
Mario & Josephine Pinel
To construct a non-habitable architectural feature in
excess of the 25-foot height limit. Specifically, the
applicant proposes to construct a covered roof access
structure to exceed the height limit by approximately 6%
feet.
Approval, subject to conditions and adoption of
Resolution 01-49.
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. He
described the surrounding land uses as follows:
NORTH & SOUTH:
Residential housing in a Residential Low Density (RLD)
Zone.
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City of Seal Beach Planning Commission
Meeting Minutes of December 5, 2001
EAST & WEST:
Residential housing in a Residential Low Density (RLD)
Zone.
Mr. Cummins explained that City Code does allow for non-habitable architectural
features to exceed the maximum height limit by a maximum of 7 feet and noted that
the structure for this application will exceed the height limit by 5 feet. He stated that
Staff recommends approval subject to conditions and adoption of Resolution 01-49.
Commissioner Questions
Commissioner Cutuli asked if this structure would block any resident's primary view.
Mr. Cummins stated that in the opinion of Staff it would not.
Public Hearing
Chairperson Hood opened the public hearing.
Mr. Mario Pinel, the applicant, stated that there were many homes on The Hill with
similar structures and he requested that his application be approved.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing
Commissioner Comments
None.
MOTION by Cutuli; SECOND by Sharp to approve Height Variation 01-6 and adopt
Resolution 01-49.
MOTION CARRIED:
A YES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Soga advised that the adoption of Resolution No. 01-49 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. Conditional Use Permit 01-14
12420 Seal Beach Blvd. (Daphne's Greek Cafe)
Applicant/Owner:
Request:
George Katakilidis
To operate a restaurant that serves beer and wine for on-
site consumption only, and to have an outdoor seating
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City of Seal Beach Planning Commission
Meeting Minutes of December 5, 2001
patio. The proposed outdoor seating area would seat
approximately 16 people.
Recommendation: Approval, subject to conditions and adoption of
Resolution 01-48.
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
noted that the property is located in the 25-acre Old Ranch Town Center in a
Commercial C-2 Zone.
He described the surrounding land uses as follows:
NORTH, SOUTH &: Remaining portions of the Old Ranch Town Center
EAST
WEST: Rossmoor Shopping Center in a Commercial C-2 Zone.
He stated that the outdoor seating would be located on the eastern portion of the
restaurant property facing the Target Store. He said that the landscaped median
beside the restaurant would be covered with concrete to create the patio seating
area. He stated that given the location of Daphne's within the Old Town Center,
Staff is recommending approval subject to conditions and adoption of Resolution 01-
48. He noted that the shopping center does provide more than adequate parking, so
this would not be an issue. Mr. Cummins reported that regarding the on-site liquor
license, the current number allowed for this census tract is 6, and so far 4 licenses
have been issued. He stated that this application is consistent with the provisions of
the Land Use Element and is in conformance with the General Plan.
Commissioner Questions
Commissioner Ladner asked what the hours of operation would be. Mr. Cummins
reported that the hours would be from 11 :00 a.m. to 9:00 p.m. Sunday through
Thursday, and 11 :00 a.m. to 10:00 p.m. Friday and Saturday.
Public Hearing
Chairperson Hood opened the public hearing.
Mr. Curtis , Director of Operations for Daphne's stated that he was available
to respond to questions.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
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City of Seal Beach Planning Commission
Meeting Minutes of December 5, 2001
Commissioner Comments
Commissioner Cutuli asked if the landscaping from the area to be cemented over
could be added to another part of the Old Town Center. He expressed his concern
that concrete would become the dominate feature of this shopping center. Mr.
Whittenberg reported that it would be possible to do so, but the ultimate decision
would remain with the owner of the shopping center. He recommended amending
Resolution 01-48 and adding this as a Condition of Approval.
Commissioner Brown asked if there was a requirement for landscaping of the
shopping center as a whole. Mr. Whittenberg stated that 10% of the entire shopping
center must be landscaped. Commissioner Brown asked what percentage of the
shopping center is to be landscaped. Mr. Whittenberg reported that approximately
13-14 percent is to be landscaped. He noted that even though this exceeds the
required 10 percent, the Commission could still require that Daphne's replace what
was supposed to be there. Commissioner Brown asked how this would apply to the
undeveloped sections of the shopping center. Mr. Whittenberg stated that these
areas were indicated for landscaping as part of the Master Landscape Plan
approval. He said that as the projects are completed the landscaping is to be
provided in accordance with this previously approved plan. He noted that in this
case where a very small section of the strip planter area is to be used as part of the
seating area, the landscaping could easily be replaced within the adjoining buildings.
Commissioner Brown asked whether a landscaping plan was approved for the new
Islands Restaurant. Mr. Whittenberg reported that the landscaping for Islands was
included with the Site Plan Review approved by the Planning Commission for this
project.
MOTION by Hood; SECOND by Sharp to approve Conditional Use Permit 01-14 and
adopt Resolution 01-48 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Boga advised that the adoption of Resolution No. 01-48 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
5. Conditional Use Permit 01-15
12430 Seal Beach Blvd. (Pick Up Stix Restaurant)
Applicant/Owner:
Request:
Pick Up Stix, Inc.
To operate a restaurant that that has an outdoor seating
patio. The proposed outdoor seating area would seat
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City of Seal Beach Planning Commission
Meeting Minutes of December 5, 2001
approximately 48 people. The restaurant land use is
permitted by right, but the outside dining patio requires a
Conditional Use Permit.
Recommendation: Approval, subject to conditions and adoption of
Resolution 01-50.
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
noted that the property is located in the 25-acre Old Ranch Town Center in a
Commercial C-2 Zone. He indicated that the proposed seating area would be
located facing south essentially in the same position as Daphne's Greek Cafe. He
stated that Staff believes seating for 48 people to be excessive. Mr. Cummins noted
that because the outdoor seating area is located right next to a main drive aisle into
the shopping center, Staff is recommending a 5-foot buffer between the curb face
and the patio area as well as a 42-inch high guard rail to separate the outdoor dining
area from the drive aisle. He stated that Staff also recommends a maximum of 20
outdoor seats. He again reported that an abundance of parking spaces would be
available.
Commissioner Questions
Chairperson Hood asked if the tables are currently out in front of the restaurant. Mr.
Cummins reported that the Building Inspector had informed Staff that tables had
been placed in the outdoor seating area. He stated that Staff had informed the
management of the restaurant that they would require a Conditional Use Permit
(CUP) in order to serve food in the outdoor area. He said that the tables had been
bolted to the ground, and Mr. Cummins had informed them to remove the chairs and
proceed to apply for a CUP. Chairperson Hood asked if the extra row of tables were
still in place outside the restaurant. Mr. Cummins stated that they were.
Commissioner Sharp asked if any kind of a windbreak for the outdoor patio was to
be provided. Mr. Cummins stated that Staff is recommending that a minimum
42-inch guardrail be constructed. Commissioner Brown asked about which rows of
tables were to be removed. Using plan drawings, Mr. Cummins described the
configuration for the tables as proposed by Staff.
Public Hearing
Chairperson Hood opened the public hearing.
Mr. Mike Keeler, construction manager for Pick Up Stix, stated that they are
proposing to use the same design of railing as that found on the back side of the
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City of Seal Beach Planning Commission
Meeting Minutes of December 5, 2001
building. He thanked the City of Seal Beach Building Department for their
assistance in moving this project forward.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Commissioner Cutuli stated that he was in agreement with Staff recommendations.
Chairperson Hood also commended Staff for their handling of this Staff Report.
Commissioner Sharp said that because the outdoor seating was adjacent to a major
drive aisle and for safety reasons he was in favor of reducing the allowed seating.
He stated that there are many restaurants in Seal Beach with outdoor seating and
noted that without some type of windbreak the cool ocean breezes can sometimes
be uncomfortable in the evening.
Commissioner Cutuli noted an error on Page 2 of the Staff Report, which was noted
by Mr. Cummins.
MOTION by Hood; SECOND by Cutuli to approve Conditional Use Permit 01-15 and
adopt Resolution 01-50 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Boga advised that the adoption of Resolution No. 01-50 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
6. Conditional Use Permit 01-16
12420 Seal Beach Blvd. (Rubio's Restaurant)
Applicant/Owner:
Request:
Art Rodriguez & Associates
To operate a restaurant that serves beer and wine for on-
site consumption only, and to have an outdoor seating
patio. The proposed outdoor seating area would seat
approximately 30 people.
Recommendation:
Approval, subject to conditions and adoption of
Resolution 01-51.
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City of Seal Beach Planning Commission
Meeting Minutes of December 5, 2001
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
noted that this application is substantially similar to the one for Daphne's Greek
Cafe. He stated that Rubio's is located directly adjacent to Daphne's and the
proposed outdoor seating is to be located along the south and southwest facing
portions of the building. He then displayed some photos of the restaurant. He
indicated that Staff is recommending approval of seating for 30 people, as there is
sufficient room to accommodate this request. He said that Staff is also
recommending a 42-inch guardrail to separate the outdoor seating area from the
common walkway. Regarding the on-sale liquor license allowance of 6, approval of
this CUP would bring to 5 the number of licenses within this census tract. Staff
recommends approval of Conditional Use Permit 01-16.
Commissioner Questions
Commissioner Cutuli asked if any landscaping had been removed in order to add the
outdoor dining area. Mr. Cummins stated that no landscaping had been removed
and he then displayed several photos of the outdoor seating area.
Commissioner Sharp asked about the design of the guardrail. Mr. Cummins stated
that Staff has not specified a design but have simply recommended a 42-inch
minimum high guard railing of some type to separate the seating area from the
common walkway. Commissioner Sharp asked if alcohol would be served in the
outdoor seating area. Mr. Cummins responded that it would. Commissioner Sharp
noted that in the past, the Commission has required that there be no outside entry or
exit from this type of seating area to prevent removing alcoholic beverages from the
dining area. He said that he would like to see how this was to be designed.
Chairperson Hood stated that this has been a requirement of restaurants along Main
Street and he asked the Director of Development Services to comment on this. Mr.
Whittenberg said that the condition for Main Street required a side barricade, but that
Layla's Cafe in Leisure World Center has an outside patio that serves beer and wine
and has no solid barricade. He indicated that the Planning Commission had
determined that this type of barricade would not be necessary for outdoor seating
areas that are not immediately adjacent to a public street. He said that the
Commission could require that a solid structure be constructed and Staff could
address this when Rubio's submits final plans and require a solid structure of some
type, perhaps with a plexiglass panel for windbreak purposes. Commissioner Sharp
commented on other restaurants that the Commission had required to construct a
solid structure to prevent passing liquor or food to people passing by. Mr.
Whittenberg stated that this was usually a standard condition and he would make
sure that this was included.
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City of Seal Beach Planning Commission
Meeting Minutes of December 5,2001
Commissioner Brown asked if there were to be food servers in the patio area, or
whether the customers simply pick up their food and go to the dining area. Mr.
Cummins indicated that this would be a self-service restaurant. Commissioner
Sharp stated that because there were no food servers, there would be less control
over alcoholic beverages being passed outside the barrier. Chairperson Hood
commented that the situation at Daphne's would be similar. Mr. Whittenberg stated
that there is a standard condition that states when alcoholic beverages are served in
a patio area, there does need to be an attendant on duty. He said that this would be
included as a Condition of Approval.
Chairperson Hood asked if the Commission could re-visit the motion for Daphne's
previously heard tonight. Mr. Boga stated that because this is the same meeting
and the applicant is still present the motion could be re-visited. Mr. Cummins
confirmed that he could add the Condition of Approval to require an outside
attendant. Chairperson Hood asked if a solid barrier should also be required.
Commissioner Sharp stated that if an outside attendant were required at all times,
he had no concerns about having a solid barrier.
Public Hearing
Chairperson Hood opened the public hearing.
Mr. Art Rodriguez, stated that he represents Rubio's and provided some background
for Rubio's Restaurants. He said that they had no concerns with the Conditions of
Approval. He stated that the various Rubio's restaurants have different barrier
designs, all designed to make it difficult to enter or exit the outdoor dining area other
than through the main entrance. He said that Rubio's would comply with whatever
the Planning Commission requires.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
None.
MOTION by Hood; SECOND by Cutuli to approve Conditional Use Permit 01-16 and
adopt Resolution 01-51 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 December 5,2001
Mr. Boga advised that the adoption of Resolution No. 01-51 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
Reconsideration of Conditional Use Permit 01-14
Chairperson Hood requested a motion to reconsider Conditional Use Permit 01-14
for Daphne's Greek Cafe.
MOTION by Cutuli; SECOND by Ladner to reconsider Conditional Use Permit 01-14
and Resolution 01-48.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Public Hearing
Chairperson Hood reopened the public hearing to allow the applicant to speak to the
proposed requirement for an outdoor attendant and construction of a guardrail
around the outdoor dining area.
Mr. Trevor Sacco, the representative for Daphne's, asked if a full service restaurant
without a patio still requires an attendant or would the waiters or waitresses serve as
the attendant. Commissioner Sharp stated that they could serve food and drink on
the patio but could not leave the outdoor dining area. He noted that an attendant
must be on duty in the outdoor patio at all times. Mr. Sacco stated that if this were
the requirement for full service restaurants with patios, then Daphne's would
certainly comply. Commissioner Brown confirmed with Commissioner Sharp that a
waiter/waitress could serve as the attendant. Commissioner Sharp stated that they
could, but noted that an attendant would not be required during those seasons when
the outside area was not in use. Mr. Sacco noted that the food server would be
absent from the patio whenever he/she had to go inside to pick up food orders. Mr.
Whittenberg reported that the standard condition language requires that anytime a
customer in the patio is served an alcoholic beverage, an attendant must be present
to ensure that the beverage is not taken outside the restaurant.
MOTION by Cutuli; SECOND by Ladner to amend Resolution 01-48 for Conditional
Use Permit 01-14 to include the requirement of an attendant for the outdoor dining
area.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
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Meeting Mmutes of December 5, 2001
Mr. Boga advised that the adoption of amended Resolution No. 01-48 begins a 10-
day calendar appeal period to the City Council. The Commissioner action tonight is
final and the appeal period begins tomorrow morning.
7. Tentative Tract Map 16306
Site Plan Review 01-4
Centex Homes
Applicant/Owner: Hunsaker & Associates/ Bixby Ranch Co.
Request: To approve Tentative Tract Map and Site Plan Review for
a proposed 3-home single-family, detached housing
project as an additional component to the existing Centex
Homes development. Proposed lot sizes range between
6,098 and 7,405 square feet. The proposed single-family
homes are all 2-story, between 3,013 and 3,305 square
feet of living area. A tentative parcel map is required to
permit the land subdivision and the Site Plan Review is
required as a condition of a development agreement
between the City and property owner.
Recommendation: Approval, subject to conditions and adoption of
Resolutions 01-46 and 01-47.
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 described the area as a small, six-tenth of an acre of property immediately
adjacent to Seal Beach Boulevard (SBB) just north of the Old Ranch Town Center
development. He stated that when the initial subdivision for the 75-lot Centex
Homes project was approved, this area was set aside as a separate parcel of land
that was to be used for a community police facility and studio space for the cableTV
company. Since then the City has acquired the leasehold rights to the old City Hall
building and made a determination that the cable TV personnel could remain there.
Mr. Whittenberg explained that also at that time City Council had determined that
another police substation would not be required at the north end of Seal Beach since
there is already a facility at the Roosmoor Center immediately across the street from
the Old Ranch Town Center. He stated that this City Council determination was
formalized in an operating agreement between the Bixby Ranch Company and City
Council in July 2001. He noted that as part of the City giving up its right to use this
piece of property and have it developed by the Bixby Ranch Company, the
agreement allows the City to receive remuneration for these trade offs. The Director
of Development Services reported that Tentative Tract Map (TIM) 16306 proposes
to take this land and add three (3) additional home sites to be constructed by Centex
Homes using the same floor plans and elevations as previously approved for the
75-lot tract currently under development. He stated that the homes would back up to
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SBB with a 25-foot landscaped setback area between the curb line and the property
line. He indicated that this area would be landscaped and maintained by the
homeowner association. Mr. Whittenberg noted that all vehicular access to these
home would be via Plymouth Drive, which is the access route from SBB into the
development of homes. He indicated that there are easements to allow access to
the garages for the northerly two lots. He said that the proposal complies with all
standard requirements of the City as far as lot size and lot coverage requirements,
and the design of the homes is compatible and has basically been approved for the
other homes in the project. He stated that Staff is recommending approval of both
TIM 16306 and Site Plan Review (SPR) 01-4. He reported that the resolution for
TIM 16306 contains 54 separate conditions of approval and the one for SPR 01-4
contains 55. He noted the memorandum distributed tonight reflects a modification
for TIM 16306 indicating that there will be no vehicular access to SBB from the
three proposed lots, and that they will only be accessible from Plymouth Drive. The
memorandum also reports changes to Condition 7 of the resolution for SPR 01-4.
Commissioner Questions
Commissioner Cutuli asked how far it was from the eastern most portions of the
proposed homes to the other homes currently under construction. Commissioner
Ladner also asked where the main gate to the development would be located. Mr.
Whittenberg demonstrated on the tract map where these structures were to be
found.
Public Hearing
Chairperson Hood opened the public hearing.
Mr. Brent Little of the Bixby Ranch Company requested approval of TIM 16306 and
SPR 01-4. He noted a correction to the last paragraph of Page 3 of the Staff Report
which should reflect that the City will be paid $100,000 ten days after recording of
the final Tract Map.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Mr. Whittenberg interjected that the Staff Report was incorrect. He then clarified that
the language of the Operating Memorandum states that the additional $100,000 will
be due within 10 days after approval, and a subsequent land subdivision entitlement
by the City, which would not occur until the final map is approved by City Council.
Commissioner Comments
Commissioner Cutuli stated that he felt this is a "terrible place to have an island of 3
homes." He said that this would not be a good place for children as it would be like
a prison, and he believes this should be kept as part of the commercial zone.
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Chairperson Hood stated that he agreed in part with Commissioner Cutuli, as
residents of College Park East would have preferred to keep the police substation
and civic uses for this property, however, City Council did vote to allow the homes.
He said that he would vote against this application. He noted that he also believed
the siting of the homes does not improve the quality of life in that area. Mr.
Whittenberg explained that this project would be incorporated and subject to the
same Covenants, Conditions, and Restrictions (CC&Rs) as the 75-lot tract, which
includes a 2-acre park at the far end of the development that will serve only the
residents of these homes.
Commissioner Cutuli asked about mitigation for traffic noises and exhaust fumes
from SBB. Mr. Whittenberg stated that there would be a 25-foot landscaped buffer
next to SBB with an up to 10-foot high wall separating the landscaped area from the
homes. He said that the homes must be designed to meet a 45 CNEL noise
standard inside the homes, which is standard for all homes within the City.
Chairperson Hood confirmed that when the Environmental Impact Report (EIR) was
created, there was no indication that there would be homes in this location. Mr.
Whittenberg stated that this was correct and continued by noting that there are many
homes immediately adjacent to the property line along SBB. He stated that in most
cases the rear yards are less than 20 feet in depth.
Commissioner Sharp asked if the homes would be inside the gated area. Mr.
Whittenberg confirmed that this was correct. Commissioner Sharp stated that he
had no problem in approving this project as he feels it is better than to leave the land
vacant.
Commissioner Brown stated that he agreed with Commissioner Cutuli and he did
vote many years ago affirming that it wa~ not a good idea to construct homes at the
end of a runway. He said that City Council did vote to approve this project and if the
public did not think this was a great place to live they would not purchase the homes.
He stated that there are hundreds of homes located adjacent to SBB in this area and
although he is not in agreement with this concept, he would vote for this project if it
is the wish of City Council.
MOTION by Sharp; SECOND by Ladner to approve Tentative Tract Map 26306 and
Site Plan Review 01-4 and adopt Resolutions 01-46 and 01-47.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Brown, Ladner, and Sharp
Cutuli, Hood,
None
Mr. Boga advised that the adoption of Resolutions 01-46 and 01-47 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
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Meeting Minutes of December 5, 2001
STAFF CONCERNS
Mr. Whittenberg confirmed the Commission's agreement to cancel the meeting of
December 19, 2001. He noted that the next scheduled meeting would be on
January 9, 2001, and on behalf of Staff he wished the Commissioners a Happy
Holiday Season.
COMMISSION CONCERNS
Commissioner Cutuli commented that applications for Covered Roof Access
Structures (CRAS) are frequently brought before the Commission. He asked if the
application meets all of the required criteria, would it still be necessary to conduct a
public hearing for these applications. Mr. Whittenberg stated that although this issue
is not on tonight's agenda, the Planning Commission could place it on a future
agenda for discussion. He noted that this issue had been proposed in the past, but
it had met with resistance from the Commission. Commissioner Brown interjected
that he was in agreement with Commissioner Sharp's position, of not placing this on
the agenda for discussion. Mr. Whittenberg confirmed that the other Commissioners
were in agreement. Chairperson Hood said that although he agreed with
Commissioner Cutuli, he would hesitate to make this an agenda item.
Chairperson Hood reported that he would be out of town until January 19, 2002.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:37 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secreta
Planning Department
APPROVAL
The Commission on January 9, 2002 approved the. ,Minutes of the Planning
Commission Meeting of Wednesday, December 5,2001. 'I('A--.
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