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HomeMy WebLinkAboutPC Min 2002-02-20 .. . . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for February 20, 2002 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 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. 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 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 February 20, 2002 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 '1lay 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 February 20, 2002 City of Seal Beach Planning Commission Agenda for February 20, 2002 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; andlor (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 January 9, 2002. VI. SCHEDULED MATTERS 2. 308 Ocean Avenue - Review of Planning Commission Approvals VII. PUBLIC HEARINGS 3. Conditional Use Permit (Macaroni Grill) East of Seal Beach Blvd., approximately 650 feet north of S1. Cloud ApplicanUOwner: Request: George Gross for Macaroni Grilli Kitchell Development To approve a Site Plan Review and Conditional Use Permit request for a proposed 7,417 square foot Macaroni Grill Restaurant, with a general liquor license. Recommendation: Approval, subject to conditions and adoption of Resolutions 02-7 and 02-8. VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT 3 . Mar 06 Mar 20 Apr 03 Apr 17 May 08 May 22 June 05 June 19 July 03 July 17 Aug 07 . Aug 21 Sept 04 Sept 18 Oet 09 Oct 23 Nov 06 Nov 20 Dee 04 Dee 18 TO BE SCHEDULED: . o o o o Study Session: Staff Report: Study Session: Study Session: City of Seal Beach Planning C~mmission · Agenda of February 20, 2002 2002 Aaenda Forecast Negative Declaration, Height Variation 02-3 (Rossmoor Center) Permitted Uses and Development Standards in Commercial Zones (5/6/98) Undergrounding of Utilities Retaining Walls ADA Handicapped-Accessible Restrooms 4 .1 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 . CITY OF SEAL BEACH PLANNING COMMISSION Minutes of February 20, 2002 Chairperson Hood called the regularly scheduled meeting of the Planning Commission to order at 7:32 p.m. on Wednesday, February 20,2002. 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, Ladner, and Sharp Also Present: Department of Development Services lee Whittenberg, Director Terence Boga, Assistant City Attorney Mac Cummins, Assistant Planner Absent: Commissioner Cutuli AGENDA APPROVAL MOTION by Brown; SECOND by Ladner to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Brown, Hood, Ladner, and Sharp None Cutuli ORAL COMMUNICATIONS Chairperson Hood opened oral communications. There being no one wishing to speak, Chairperson Hood closed oral communications. 1 These Minutes were transcribed from audiotape of the meeting. C:\Carmen_data\PC Minutes\2002\02-20-G2 PC Minutes.doc 1 .1 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 February 20, 2002 CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of January 9, 2002. Chairperson Hood noted that he was not present for the meeting of January 9, 2002, and therefore would abstain from voting on this item. MOTION by Brown; SECOND by Ladner to approve the Consent Calendar as presented. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 3-0-1-1 Brown, Ladner, and Sharp None Cutuli Hood SCHEDULED MATTERS 2. 308 Ocean Avenue - Review of Planning Commission Approvals Staff Reoort Mr. Whittenberg delivered the Staff Report. (Staff Report is on file for inspection in the Planning Department.) He stated that this item had been placed on tonight's agenda at the request of Commissioner Brown at the last Planning Commission meeting. He said that the project approved by the Planning Commission (PC) in 1997 was for a major addition and remodel to 308-310 Ocean Avenue. He explained that the project involved the combining of two lots, tearing down the home at 310 Ocean Avenue, and constructing an addition to the remaining house at 308 Ocean Avenue to create one large single family home on the property. He noted that Commissioner Brown had questions regarding why the second story bedroom addition over the garage on the northwesterly side of the building was not set back 6 feet from the property line to conform with setback requirements, as the project had been approved with only a 3-foot setback. He reported that in reviewing the 1997 Staff Report, the plans reviewed by the PC, and the report of the minutes from that public hearing, he found nothing that deals specifically with the question of this setback. He stated that this deals with a separate issue presented by Commissioner Brown a number of times before, which is if an addition to a nonconforming structure on a setback is proposed and meets all setback requirements, why is an application for a Variance brought before the PC. Mr. Whittenberg continued by noting the section in the Code that states if a structure is nonconforming only due to setbacks, it can be approved administratively by the Director of Development Services. He said that the reason this particular case had to be presented to the PC is because there is a provision that states that if the setback in the rear is encroached more than 10%, the addition cannot be approved through the administrative process. He C:\Carmen_data\PC Minutes\2002\02-20-02 PC Minutes.doc 2 .1 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 February 20, 2002 explained that in this case there is a portion of the structure that went out over the sewer easement, creating a 12-foot encroachment and the 10% allowance would have allowed only a 9-foot 6-inch encroachment. He noted that there was much discussion in the minutes of the meeting in 1997 regarding why the entire building was not demolished and reconstructed with the required 6-foot setback, but this was determined to be unfair as the structure was already in existence. He stated that further discussion ended with the PC agreeing that because the home has an interior courtyard entry arrangement, the structure could be left where it was. Mr. Whittenberg reiterated that the project has been approved with the floor plans and building eleyation plans clearly showing the bedroom addition above the garage being on the 3-foot property line. He stated that permits have been issued and the project is under construction. Commissioner Questions Commissioner Brown stated that actually there are two issues related to this project. He said that regarding the back yard patio, it was his understanding that even though sewer line runs along the rear of these properties, over the years people have added patios over the sewer lines encroaching on that easement. He stated that later a covered awning would be placed over the patio and the patio gets covered up and becomes a room, creating an illegal room addition. He said that he believed this is what has happened in this case. He continued by stating that afterwards a deck might be constructed on top of this illegal addition and in this case, the deck is now becoming a room on top of the room, creating a two-story encroachment. Commissioner Brown stated that he was not certain how this happened, as it was his understanding from the original meeting that this encroachment would be allowed for the patio, but the second part was to be only an open deck as it had always been. Mr. Whittenberg interjected that he found in researching the file that in 1983 or 1984 the City approved plans for remodeling of the home at 308 Ocean Avenue as a separate structure and 310 Ocean Avenue was under different ownership. He stated the approvals were for completion of a lot of interior remodeling and some additions were constructed downstairs and upstairs, but nothing significant or within the setback area. He reported that the 1984 approvals were for the remodeling of that portion of the structure over the sewer easement and the plans reflected it as a 2-story structure, and a roof deck on the second story of that structure was also allowed as part of that permit. He said that the roof deck was a part of the master bedroom and the downstairs area was a part of the family room. He stated that the plans submitted in 1984 for Coastal Commission approval and for building permits showed those areas as existing rooms at that time. Mr. Whittenberg noted that Staff was unable to locate copies of previous permits for when these plans were submitted. Commissioner Brown clarified that what occurred was that in 1984 the City approved a remodel on a structure that was completely illegal. Mr. Whittenberg responded that it could not be said that the structure was completely illegal, but that the City knew there was a structure there, knew it was rooms for a house, and issued a permit for it. Commissioner Brown interjected that this structure was also over an easement, and C:\Carmen_data\PC Minutes\2002\02-20-02 PC Minutes.doc 3 .1 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 February 20, 2002 never should have been there in the first place. Mr. Whittenberg stated that generally under City Code structures are not allowed over the easement, however, a number of older homes in that area had structures there for many years. Commissioner Brown stated that although this may have been the case, the City really has to be careful in terms of approving structures, as basically what occurred is that the City allowed a modification of a structure that never should have been there. Mr. Whittenberg responded that, unfortunately, he could not comment on what the decision-making process was in 1984. He said that in reviewing the files he found no discretionary applications submitted to the PC for the project. He said at that time the application was processed by Staff and was approved by the Coastal Commission with building permits issued to allow this construction to occur. He noted that the City by its approval placed itself in the position of stating that it recognized these structures as being properly there. Commissioner Brown stated that regarding 310 Ocean Avenue he recalls that the PC did not allow them to construct anything over the easement. Mr. Whittenberg responded that it appears that the 1997 plans did not propose constructing anything in the easement area because the City is now very aware of the easement and sewer line there. He noted that there are still provisions for construction of patio decks over this area after the property owner signs documents taking responsibility for any repair costs and for granting the City permission to enter the property to make repairs when necessary. He explained that although in 1997 the City was aware that there was a structure built across this easement, because permits had already been issued in 1984, the PC made the decision not to require that the structure be removed. Commissioner Brown asked if the garage is properly setback from the street. Mr. Whittenberg responded that it was. Commissioner Brown stated that during his eight years on the PC, property owners have been allowed to maintain existing structures even if they were not in compliance with the side yard or rear yard setback requirements. He explained that these discrepancies occurred because many of these structures had been constructed before property lines were established in the City. He continued by noting that whenever a request for encroachment into the setback area by new construction has been presented, the PC has always denied these requests. He cited the example of the Friedman house on 6th Street whose owners had applied to build a second-story on a home that when constructed encroached onto the setback area. The PC had denied this request. Commissioner Brown stated that he does not see any discussion in the1997 PC minutes about the second story at 308 Ocean Avenue, because the PC was not discussing a second story but whether the first story should be allowed to remain within the setback. He stated that he recalls that the determination was that because it was an existing structure and had the open courtyard in the center of the home, the PC would allow the first story to remain. He said that at no time did the PC state that a second story and all new construction had to be within Code, however, the Staff Report did state that all new construction would be within Code. Mr. Whittenberg stated that the only concern he has is that the Staff Report does not C:\Carmen_data\PC Minutes\2002\02-20-02 PC Minutes.doc 4 .1 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 February 20, 2002 state that the proposal was to build within that setback area, there is no condition to require that wall to be moved to set within the 6-foot setback, nor any condition approved by the PC to require it to be set in the 6-feet. Commissioner Brown stated that such a statement should not have been necessary. He said that although the plans may have shown the second story encroaching on the setback, there were no notes in the plans that stated this. He pointed out that the members of the PC and the public as lay people and are not experts in reading plans. He stated that it was the responsibility of Staff as the professionals to make the PC and the public aware of these types of issues. He said that the issue of the encroachment into the setback area and onto the easement is a big issue and one that should have been made very clear by Staff in both the Staff Report and any discussion regarding this project. Mr. Whittenberg that he did not disagree with Commissioner Brown, but he noted that Mr. Barry Curtis, a former Associate Planner for the City of Seal Beach, had written the Staff Report leaving Mr. Whittenberg to speculate that perhaps because the lots were being combined, this had created the nonconforming setback. He said that if the lots had not been combined, the 3-foot setback would have met the requirements automatically allowing construction of the 2nd story bedroom over the garage. He agreed that thi~ was not clearly stated in the Staff Report or the meeting minutes, however, he had no knowledge as to why this was not done. Commissioner Brown said asked Commissioners Sharp if he disagreed at all with Commissioner Brown's comments. Commissioner Sharp stated that he did not disagree with anything he had heard and parts of what he has heard he was not sure he understood. He said that he did agree that the PC has attempted to prevent encroachments by new construction under any circumstances. He stated that he could not recall when the PC had knowingly allowed this. Commissioner Brown stated that he has always been a big proponent of following the rules and he believes the rules should be clear and addressed equally to everyone. He commented that these types of "Staff remissions" seem to occur with some regularity and don't seem to "occur equally across the board," which makes him feel like he is wasting his time when Staff lets the Commission down in a major way on a major consideration. Commissioner Brown noted that a lot of time has been spent discussing this "huge house," yet at not time was there any discussion of this major encroachment. He stated that it should not be expected that the Commissioners "should have picked this up" without this issue being pointed out or highlighted by Staff. He noted that another applicant, whose house is of lesser value, had not been allowed the same privileges or rights as the owner of 308 Ocean Avenue. Chairperson Hood asked what action Commissioner Brown would like the Commission to take. Commissioner Sharp stated that he was not certain that he understood Commissioner Brown's "innuendoes," and asked whether Commissioner Brown were attempting to say that Staff was granting favors to one applicant over another. He said if this was Commissioner Brown's intent, he would have to strongly disagree with Commissioner Brown's statements completely. Commissioner Sharp stated that he has the uttermost faith in Staff and in the decisions they have made, and if there were errors, they were legitimate mistakes and not done out of favoritism. Commissioner Brown stated that he believes the City has a very competent Staff that do not make major mistakes, however, when a major mistake is C:\Cannen_data\PC Minutes\2002\02-20-02 PC Minutes.doc 5 .1 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 February 20. 2002 made, he feels he must question why it was made. Mr. Whittenberg interjected that Staff members are human beings with many projects to review and many reports to write, and occasionally Staff will make an honest mistake. He stated that Staff does not treat certain applicants different than others, and he strongly resents this type of innuendo. Commissioner Brown countered that the Director of Development Services should resent it because Commissioner Brown resents this type of report. Mr. Whittenberg interjected that he understood the issue of the Staff Report, however, to imply that Staff is giving preferential treatment to an individual because of who they are over another person, is a totally different issue altogether. Chairperson Hood added that although Staff does not intentionally treat people differently, but when mistakes are made, people do get treated differently. Mr. Whittenberg reiterated that he was not stating that Staff does not make mistakes, and due to the volume of work occasionally some errors or oversights may occur. He stated that the Staff Report on this application does fail to address issues that in reviewing the report he had expected to see. Commissioner Brown stated that the question now becomes "What are we going to do about this?" He noted that the plans were approved and the home is half constructed, and obviously there is nothing that can be done. He commented that perhaps it was necessary to state in the City Code that there is to be no new construction within an encroachment. He asked if this was not already stated in the Code. Mr. Whittenberg reported that there was nothing specifically in the Code that requires this when referring to additions to nonconforming structures. He said that this has been a policy decision that the PC has determined as a reasonable way to deal with additions; to allow the previous portion of the structure to remain, but require the new construction to meet setback requirements. He emphasized that although Commissioner Brown's point was well taken, he wanted the PC to understand that although City Code can state what it does, that does not eliminate the possibility that a mistake may be made. He noted that the Code is comprised of approximately 450 pages of text and Staff is not always able to remember the particulars of every application made on the various properties in town. He stated that he believes that overall Staff does a very good job and he hopes that the PC feels the same. He commented that Staff would certainly take this discussion tonight seriously and do whatever necessary to ensure that future Staff Reports address all relevant issues before being reviewed by the PC. He commented that whenever he is asked by property owners whether they can encroach into the setback for a remodel or addition, he always tells them that the City will not require that the applicant remove an existing structure; however, new construction is never knowingly allowed to encroach into the required setback areas. Commissioner Brown then asked if there was not a policy of this kind, how does the City go about establishing one, and asked if there were a way to make this an ironclad policy. Mr. Whittenberg stated that Staff has interpreted this policy in the same way, and that he was honestly very surprised when he began to review this case and found that the encroachment had not been addressed. Commissioner Brown noted that what should have been discussed was whether the new construction would have been allowed on the existing garage if it had been extended 3 feet. Mr. Whittenberg C:\Carmen_data\PC Minutes\2002\02-20.Q2 PC Minutes.doc 6 .1 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 February 20, 2002 stated that this would not have been allowed, as garages are always subject to an 18-foot setback. He noted that there is a special provision that allows garages on nonconforming properties to be modified within a required setback area to meet the requisite interior dimensions for a garage. Commissioner Sharp stated that he believed the issue had been very thoroughly discussed and Staff has admitted to making a mistake and the PC made the same mistake in not having noticed this issue. He stated that at this point the project has progressed to a stage where there would be nothing the City could do to stop it, and the only thing that can be done is to be more vigilant in the future with similar projects. Commissioner Brown reiterated that he wanted to clarify whether this policy should be codified. Commissioner Sharp stated that because both Staff and the PC are aware of this policy, it does not need to be codified. Commissioner Brown asked if this were an unwritten or a written policy. Mr. Whittenberg reported that it is unwritten. He recommended that the PC direct Staff to review the section of the Code dealing with nonconforming structures and return with a study session to propose clarifying language to be placed into the Zoning Code, and if appropriate, schedule a public hearing to formally amend the Code. Commissioner Brown asked if this were something that needs to .be done. Mr. Whittenberg stated that he believed this would help in clarifying the Code. MOTION by Brown; SECOND by Ladner to direct Staff the research the City Code regarding nonconforming structures and to schedule a Study Session to review the results. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Brown, Hood, Ladner, and Sharp None Cutuli Chairperson Hood noted that Commissioner Cutuli had reported at the last PC meeting that he would be on vacation. He requested that a motion be made to excuse Commissioner Cutuli. MOTION by Sharp; SECOND by Brown to excuse Commissioner Cutuli from tonight's meeting. MOTION CARRIED: AYES: . NOES: ABSENT: 4-0-1 Brown, Hood, Ladner, and Sharp None Cutuli PUBLIC HEARINGS C:\Carmen_data\PC Minutes\2002\02-20.Q2 PC Minutes.doc 7 .1 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 February 20, 2002 3. Site Plan Review 02-2 Conditional Use Permit 02-2 (Macaroni Grill) East of Seal Beach Blvd., approximately 650 feet north of St. Cloud Applicant/Owner: Request: Robert Gross for Macaroni Grill/ Kitchell Development To approve a Site Plan Review and Conditional Use Permit request for a proposed 7,417 square foot Macaroni Grill Restaurant, with a general liquor license. Recommendation: Approval, subject to conditions and adoption of Resolutions 02-7 and 02-8. 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 surrounding land uses as follows: NORTH: Islands Restaurant, World Savings Bank as part of the Old Ranch Town Center, and the 75-lot Centex Homes subdivision in a Residential Medium Density (RMD) Zone. SOUTH & EAST: Remaining portions of the Old Ranch Town Center. WEST: Rossmoor Center in a General Commercial Zone (C-2) Zone. He stated that the main bulk of the restaurant building is proposed to be constructed with an approximately 24-foot setback from the City greenbelt area along Seal Beach Boulevard (SBB), with the front entrance protruding slightly towards SBB. He said there would also be an overhang running along side the building to provide cover for patrons waiting outside the front door. He noted that to the south there would be an approximate 16-foot setback area, which would include a 5-foot wide sidewalk and an 11-foot wide landscaped area adjacent to the drive aisle. He reported that to the north approximately 26 feet from the Macaroni Grill there would be a previously approved 7,400 square foot structure with a sidewalk to the parking lot in between the two buildings. On the easterly side of the building facing the Target Store shopping center, Mr. Cummins noted that there would be a 40-foot setback. He stated that along SBB the building has a frontage of approximately 84 feet and the structure itself is approximately 87 feet deep with a rectangular shape. He described the proposed lot coverage for the building footprint of 7,400 square feet, which represents approximately 45% lot coverage. He said that the non- parking lot landscaped area measures a little over 8,600 square feet representing about 52.5% of the lot area. He noted that there is also a small storage/trash enclosure area of approximately 400 square feet, measuring a little under 3% of the C:\Carmen_data\PC Minutes\2002\02-20-D2 PC Minutes.doc 8 .1 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 City of Seal Beach Planning Commission Meeting Minutes of February 20, 2002 lot coverage area. He noted that the locations for vehicular access to the restaurant are described in the Staff Report, and reported that the proposed capacity for .the restaurant is 263 people within the interior of the restaurant. He stated that the public dining areas along with the restrooms are located on the southerly 44 feet of the building, with the northwesterly portion containing the bar area, and the northeasterly portion containing the kitchen, food preparation areas, storage areas, and employee offices. He reported that the trash/equipment area is located on the northeasterly corner of the structure. He described the building elevation plans and noted that the general design theme for Macaroni Grill restaurants includes extensive use of stone and pile. Mr. Cummins indicated that the final landscape plan will closely follow the plant pallet approved for the greenbelt area of the shopping centers. The Assistant Planner reported that there is more than sufficient parking and noted that when the parking design was approved it assumed that 20% of the total area would be for restaurant uses. He stated that at that time the total parking was 1, 340 spaces, and currently there are a total of 1, 564 spaces provided. Mr. Cummins then reported that the application for a Conditional Use Permit (CUP) is for approval to have a general liquor license on site. He stated that the restaurant would sell beer, wine, and spirits. He indicated that the requested hours of operation are from 11 :00 a.m. to 11 :30 p.m. Monday through Sunday. He stated that the nearest residential properties are approximately 520 feet to the north at the Centex Homes development. Mr. Cummins then referred to Page 6 of the Staff Report and explained the over concentration process as it relates to Alcohol Beverage Control (ABC) licenses within the County. He noted that this census tract is allowed 6 ABC licenses and so far 4 have been granted. He stated that Staff recommends approval of Site Plan Review (SPR) 02-2 and CUP 02-2. Commissioner Questions Commissioner Sharp asked if there were plans for an outside dining area. Mr. Cummins stated that there are no plans for this. Commissioner Brown asked for clarification of the actual location of the restaurant within the shopping center. Mr. Whittenberg reported that the building pad for this location is along SBB just north of the new signalized entrance into both the Old Ranch Town Center and the Rossmoor Shopping' Center. Commissioner Brown asked where the Islands Restaurant would be located. Mr. Whittenberg stated that this restaurant would be located north of a non-signalized driveway which lies further north of the signalized entrance. He stated that the restaurants would be approximately 250-300 feet apart. Public Hearina Chairperson Hood opened the public hearing. C:\Carmen_data\PC Minutes\2002\02-20-o2 PC Minutes.doc 9 .1 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 February 20, 2002 Mr. Robert Grosse, a representative of Macaroni Grill, stated that he was available to respond to any questions from the Planning Commission. There being no one else wishing to speak, Chairperson Hood closed the public hearing. Commissioner Comments Chairperson Hood stated that he believed this restaurant would bring sales tax revenue into the City and that it would not be deleterious to the community. He said he would vote to approve. MOTION by Sharp; SECOND by Brown to approve Conditional Use Permit 02-2 and Site Plan Review 02-2 and adopt Resolutions 02-7 and 02-8 respectively. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Brown, Hood, Ladner, and Sharp None Cutuli Mr. Boga advised that the adoption of Resolution Nos. 02-7 and 02-8 begins a 10-day calendar appeal period to the City Council. The Commissioner action tonight is final and the appeal period begins tomorrow morning. STAFF CONCERNS None. COMMISSION CONCERNS Commissioner Brown asked for an update on the Burger King Restaurant property. Mr. Whittenberg reported that he has not had contact from any party regarding use of the property. Chairperson Hood asked for a report on the Agenda items for March 20, 2002. Mr. Cummins reported that Coffee Bean & Tea Leaf is tentatively scheduled for a public hearing for a Conditional Use Permit for outdoor seating. He indicated that Staff is awaiting a complete application in order to schedule this item. Chairperson Hood reported that he might not be in attendance at the meeting of March 20 as he may be out of town. He then asked for a report of the Agenda for March 6, 2002. Mr. Cummins reported that the items scheduled for March 6 are a CUP for Spaghettini's to extend the hours of operation by one hour, and a Planned Sign Program application for the shopping center at Seal Beach Boulevard and Westminster Avenue. C:\Carmen_data\PC Minutes\2002\02-20-02 PC Minutes.doc 10 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . . City of Seal Beach Planning Commission Meeting Minutes of February 20, 2002 ADJOURNMENT Chairperson Hood adjourned the meeting at 8:35 p.m. Respectfully Submitted, Carmen Alvarez, Executive Secre ary Planning Department APPROVAL The Commission on March 20, 2002 approved the Minutes of the Planning Commission Meeting of Wednesday, February 20, 2002. C' ~ . \\DATAFILE\USERS\CAlvarez\Carmen_data\PC Minutes\2002\02-20-G2 PC Minutes.doc 11