HomeMy WebLinkAboutPC Min 2002-03-06
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for March 6, 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
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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 Se.al Beach Planning Commission · Agenda of March 6, 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.
CONSI;NT 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 March 6, 2002
City of Seal Beach Planning Commission
Agenda for March 6, 2002
7:30 p.m.
I.
PLEDGE OF ALLEGIANCE
II.
ROLL CALL
AGENDA APPROVAL
III.
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; 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 February 6, 2002.
VI. SCHEDULED MATTERS
2. Memorandum - EIR Process
VII. PUBLIC HEARINGS
3. Conditional Use Permit 02-3
3005 Old Ranch Parkway
ApplicanUOwner:
Request:
Spaghettini Rotisserie and GrillI Bixby Ranch Company
To amend the hours of a previously approved entertainment cafe in
conjunction with an existing restaurant located at 3005 Old Ranch
Parkway, Seal Beach (Spaghettini Rotisserie and Grill). Specifically, the
applicants are requesting to provide live jazz music in the restaurant's
lounge seven days a week in the evenings from 7:00 p.m. until 12:00
a.m. Current permitted entertainment is Wednesday through Sunday
from 7:00 p.m. to 11 :00 p.m.
Recommendation:
Approval, subject to conditions and adoption of Resolutions 02-9.
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City of Seal Beach Planning Commission · Agenda of March 6, 2002
4. Planned Sign Program 02-1
Westminster Avenue I Seal Beach Boulevard
Applicant/Owner:
Request:
Recommendation:
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
Craig Oootson
To approve a Planned Sign Program for the Seal Beach Village
Shopping Center located at the corner of Seal Beach Boulevard and
Westminster Avenue. Program will include monument signs and wall
signs for each business, as well as one shopping center 10 sign.
Approval, subject to conditions and adoption of Resolutions 02-12.
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June 05
June 19
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July 17
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Aug 21
Sept 04
Sept 18
Oet 09
Oet 23
Noy 06
Noy 20
Dee 04
Dee 18
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City of Seal Beach Planning Commission · AgefJda of March 6, 2002
2002 Aaenda Forecast
CUP for outdoor seating for Quizno's Restaurant at 12800 Seal Beach Blvd.
CUP for outdoor seating for Baja Fresh Restaurant at 12800 Seal Beach Blvd.
CUP for outdoor seating for Hot Off the Grill Restaurant at 12800 Seal Beach
Blvd.
CUP for outdoor seating for Togo's Restaurant at 12430 Seal Beach Blvd.
CUP and Variance for expansion of non-conforming residence - B106 Surfside
Site Plan Review for mixed use (2000 sq. ft. medical office and 2 residential
units) at 233 Seal Beach Blvd.
Negative Declaration, Height Variation 02-3 (Rossmoor Center)
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TO BE SCHEDULED:
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Study Session:
Staff Report:
Study Session:
Study Session:
City of Seal Beach Planning Commission. Agenda of March 6, 2002
Permitted Uses and Development Standards in Commercial Zones (5/6/98)
Undergrounding of Utilities
Retaining Walls
ADA Handicapped-Accessible Restrooms
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of March 6, 2002
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, March 6, 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, Cutuli, Ladner, and Sharp
Also
Present: Department of Development Services
Lee Whittenberg, Director
Quinn Barrow, Assistant City Attorney
Mac Cummins, Assistant Planner
Absent: Terence Boga
AGENDA APPROVAL
MOTION by Sharp; 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 February 6, 2002.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of March 6, 2002
2. RECEIVE AND FILE: Memorandum - EIR Process
MOTION by Sharp; SECOND by Ladner to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
3. Conditional Use Permit 02-3
3005 Old Ranch Parkway
Applicant/Owner:
Request:
Recommendation:
Staff ReDort
Spaghettini Rotisserie and Grill / Bixby Ranch Company
To amend the hours of a previously approved
entertainment cafe in conjunction with an existing
restaurant located at 3005 Old Ranch Parkway, Seal
Beach (Spaghettini Rotisserie and Grill). Specifically, the
applicants are requesting to provide live jazz music in the
restaurant's lounge seven days a week in the evenings
from 7:00 p.m. until 12:00 a.m. Current permitted
entertainment is Wednesday through Sunday from 7:00
p.m. to 11 :00 p.m.
Approval, subject to conditions and adoption of
Resolutions 02-9.
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 currently Spaghettini's provides entertainment Wednesday through
Sunday from 7:00 p.m. to 11 :00 p.m. He described the surrounding land uses as
follows:
NORTH:
A flood control channel and single family homes located in
Rossmoor, an unincorporated community in the County of
Orange.
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City of Seal Beach Planning Commission
Meeting Minutes of March 6, 2002
SOUTH:
The Beverly Manor reservoir and fire station, separated from
the subject property by the 1-405 Freeway.
EAST:
A vacant lot (formerly a service station) located in the
General Commercial (C-2) Zone, separated from the subject
property by Seal Beach Boulevard.
WEST:
Office buildings within the Bixby Office Park.
He commented that the Staff Report provideS'the chronology of the original passing
of Conditional Use Permit (CUP) 92-14, which granted the hours for entertainment of
7:00 p.m. to 11 :00 p.m. He reported that there have been no significant complaints
regarding noise within the last 10 years. Mr. Cummins stated that Staff is
recommending approval subject to conditions and noted that this use is consistent
with the C-2 Zone.
Commissioner Questions
Commissioner Cutuli asked if any complaints to Staff would include complaints to
the Seal Beach Police Department (SBPD). Mr. Cummins affirmed that Staff had
contacted SBPD and they reported that no significant complaint related to-
Spaghettini's had been received.
Public Hearing
Chairperson Hood opened the public hearing.
Mr. John Tilly, General Manager for Spaghettini's, stated that he was appearing on
behalf of Mr. Cary Hardwick and Laurie Neuse. He said he would be happy to
respond to any questions from the Planning Commission (PC).
Mr. Dick , a resident of Yellowtail Drive, stated that his home is located
behind Spaghettini's. He reported that he has called SBPD five or six times in the
last 3-4 years to complain about noise. He complimented the night managers for
Spaghettini's stating that when the noise level becomes too extreme, one telephone
call to the restaurant is all it takes to have the music stopped. He directed his
comments to Mr. Barrow and noted that CUP 02-3 falls outside the law based upon
Proposition A, which was passed in 1985. He commented that he knew this
application would be approved, but for the purpose of future litigation, he needed to
have his comments on the record. He stated that the Orange County District
Attorney has guaranteed that they would be happy to take this on as a public
nuisance case.
Mr. John Tilly thanked the previous speaker for his compliment and stated that when
Spaghettini receives calls from residents in the nearby neighborhood, the restaurant
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City of Seal Beach Planning Commission
Meeting Minutes of March 6, 2002
managers do attempt to immediately address the situation. He said that he
personally is unaware of any recent telephone calls complaining about noise. He
said that the number one concern and goal of Spaghettini's is to address public
concerns and to be a good neighbor. He noted that they are more than happy to
help in any way they can to assist with the sound issue. He indicated that the
managers would be much more vigilant with regard to this issue.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Commissioner Sharp stated that he was serving on the PC when approval was given
to CUP 92-14. He noted that Spaghettini's had not only constructed a sound wall
but also several trees surrounding the parking lot to help mute the sounds. He said
that he is certain that if the restaurant keeps its doors closed at night there should be
no major disturbance caused by the live entertainment. He commented that
whenever he has had interaction with the owners and managers, they have always
been very cooperative and quick to address any problems. He recommended
approval of CUP 02-3.
Commissioner Cutuli asked Staff if there is a decibel level that must be observed for
live entertainment. Mr. Whittenberg indicated that there are standards within the
Zoning Ordinance and the City Noise Element on certain decibels during the evening
hours, and in most cases he would assume that these levels are met when the doors
to the restaurant are kept closed whenever live entertainment is going on.
Commissioner Cutuli asked if the decibel levels could be checked. Mr. Whittenberg
reported that they could be checked with a noise meter.
Commissioner Brown asked if this application were for an indefinite extension or for
approval of a 6-month review. Mr. Whittenberg stated that because this use has
been in operation for 10 years, Staff is proposing a 12-month review period.
Chairperson Hood asked if the residents of Vellowtail Drive were listed on the
mailing list for the public notice. Mr. Whittenberg stated that they would have been
notified as the property boundary is between the restaurant area and the rear of the
homes. Chairperson Hood asked if as reported on. Page 2 of the Staff Report, the
surrounding land use to the North does include the residences on Vellowtail Drive.
Mr. Cummins confirmed that this was correct. Chairperson Hood then confirmed if
after the 12-month review period, this application would again appear before the PC
for determination. Mr. Whittenberg confirmed that this is what Staff is proposing.
Commissioner Brown noted that Condition No. 10 of Resolution 02-9 reflects a
6-month review period. Mr. Cummins reported that Staff had originally drafted the
resolution to reflect 6 months, but this could be changed if the PC elected to make
the review period 12 months.
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City of Seal Beach Planning Commission
Meeting Minutes of March 6, 2002
MOTION by Sharp; SECOND by Brown to approve Conditional Use Permit 02-3
subject to a 6-month review period and adopt Resolution 02-9 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Barrow advised that the adoption of Resolution No. 02-9 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. Planned Sign Program 02-1
Westminster Avenue / Seal Beach Boulevard
Applicant/Owner:
Request:
Craig Dootson
To approve a Planned Sign Program for the Seal Beach
Village Shopping Center located at the corner of Seal
Beach Boulevard and Westminster Avenue. Program will
include monument signs and wall signs for each
business, as well as one shopping center ID sign.
Recommendation:
Approval, subject to conditions and adoption of
Resolutions 02-12.
Staff Reoort
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
explained that an extensive exterior renovation program has recently been
completed on this shopping center and they wish to continue this theme by unifying
all of the signage within the center.
He described the surrounding land uses as follows:
NORTH & WEST:
Residential Housing in a Residential High Density (RHD)
Zone (Leisure World).
EAST:
Naval Weapons Station in a Public Land Use/Recreation
(PLU/R) Zone.
SOUTH:
Boeing Property in a Light Manufacturing (M-1) Zone.
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City of Seal Beach Planning Commission
Meeting Minutes of March 6, 2002
He stated that the City Code Planned Sign Provisions allow an applicant to pool all
of the allowable square footage of signage to better allocate the signage among the
tenants. He reported that for streets the size of Seal Beach Boulevard (SBB) and
Westminster Avenue 1.5 square feet of signage is allowed for every linear foot of
building frontage for each particular suite or store that faces the street. He said that
the Planned Sign Program (PSP) allows pooling the square footage and taking some
of the square footage from the larger tenants and redistributing it among the smaller
tenants to provide for more uniform signs. He stated that the applicant is proposing
the following:
1. To remove the two existing center 1.0. signs and to create one main shopping
center 1.0., which would be located approximately halfway through the parking lot
fronting SBB.
2. To create four new low level monument signs to be located at each of the
entrances to the shopping center.
3. A shared marquee sign located at the entrance to the courtyard.
4. Four tenant 1.0. signs to be located on the building fascia.
Mr. Cummins then reviewed the information on Pages 3 and 4 of the Staff Report
related to Code provisions and the actual sign dimensions for the proposed signs.
He reported that currently the shopping center 1.0. sign does nor provide sufficient
space for all of the tenants. He explained that the PSP sets down specific criteria to
be able to apply for the program as follows:
· The shopping center has a minimum area of two acres
· A floor area minimum of 10,000 square feet
· Five or more activities within the center
He noted other factors to be considered by the PC are:
· Distance of buildings from the street
· Size of the buildings
· Traffic speed on the street
· Arrangement of the buildings on the lot or parcel
· The number of anchor tenants
Mr. Cummins stated that for businesses on streets with higher speed limits with
buildings that are set back quite a distance from the street the Sign Code does grant
additional square footage for signs to allow for easy reading by drivers in passing
vehicles. He reported that the arrangement of the buildings in the shopping center
would not change and this sign program adequately addresses the signage of both
the tenants and the main anchor business.
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City of Seal Beach Planning Commission
Meeting Minutes of March 6, 2002
The Assistant Planner then noted that the proposed configuration and sign types
lend themselves quite well to the intent of the Sign Code. He reported that in order
to grant this type of request the PC must make very specific findings as follows.
1. The proposed signing is consistent with the intent of the Sign Code Provision
article of the City Code.
2. Signs included in the PSP meet the minimum design standards adopted for that
purpose.
3. Approval does not constitute the granting of special privilege or allow
substantially greater visibility than the standard provisions allow.
Mr. Cummins stated that Staff recommends approval of PSP 02-1 subject to
conditions.
Commissioner Questions
Commissioner Sharp complimented the owners of the shopping center for a fantastic
job of renovating the center.
Commissioner Ladner agreed with Commissioner Sharp's comments and noted that
the signs are very appropriate.
Public Hearina
Chairperson Hood opened the public hearing.
Mr. Craig Dootson, Property Manager for the Seal Beach Shopping Center, stated
that he was available to respond to any questions from the PC. Commissioner
Sharp asked if Layla's Restaurant would remain in the center. Mr. Dootson stated
that they would remain. Mr. Dootson noted that the Sign Consultant was also
present to respond to questions.
Mr. Dootson stated that he had not received a copy of the Staff Report and had not
had an opportunity to review the Conditions of Approval. Mr. Cummins provided him
a copy.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Commissioner Sharp stated that the Assistant Planner had carefully explained the
differential in the signs and he moved to approve.
MOTION by Sharp; SECOND by Ladner to approve Planned Sign Program 02-1
subjectto conditions and adopt Resolution 02-12 as presented.
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City of Seal Beach Planning Commission
Meeting Minutes of March 6, 2002
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Barrow advised that the adoption of Resolution No. 02-12 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
Mr. Whittenberg reported that a number of items are scheduled for the next PC
meeting as reflected in the Agenda Forecast.
COMMISSION CONCERNS
Commissioner Brown asked that all the Conditional Use Permit applications for
outdoor seating on the Agenda Forecast for the meeting of March 20, 2002, be
combined into one public hearing item with separate Resolutions assigned to each.
Mr. Whittenberg stated that there would be a separate Staff Report for Togo's
Restaurant as it is located on a different piece of property than the others.
Commissioner Brown then asked about the outdoor seating area at the Cold Stone
Ice Cream Shop on the corner of Main Street and Ocean Avenue. He stated that
Staff had reported that Cold Stone was to apply for a Conditional Use Permit (CUP)
and come before the PC for approval. He noted that there is a glass windbreak and
benches inside and outside the outdoor seating area. Mr. Whittenberg reported that
on several occasions Staff has visited Cold Stone for ice cream and on every
occasion they have never seen anyone sitting or eating in this outdoor area, nor
have there been any benches on the inside. He stated that at one point Cold Stone
was talking about submitting an application for a CUP, but has not yet done so. He
said that Cold Stone is aware that they cannot use that area for outdoor dining.
Commissioner Brown then inquired about Hector's on Main Street and stated that
they have an outdoor storage area that had been converted to a walkway and has
now been converted an indoor storage area. He asked if permits were issued for
this structure. Mr. Whittenberg stated that this was permitted as a requirement of
the Orange County Health Department for food storage. He noted that they have
the same number of parking spaces as before in the rear of the restaurant.
Commissioner Brown asked if it was permissible to build in this area, and Mr.
Whittenberg stated that it was permissible as long as the number of parking spaces
was not affected. Commissioner Brown asked if this new structure increased the
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City of Seal Beach Planning Commission
Meeting Minutes of March 6, 2002
size of the restaurant. Mr. Whittenberg stated that it did not since the storage was
initially counted as part of the square footage and that the new room is
approximately the same size.
Commissioner Ladner reported that he would not be in attendance for the March 20,
2002 meeting, as he would be out of town.
Chairperson Hood reported that he would also be absent from that meeting, as he
would also be out of town.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:03 p.m.
Respectfully Submitted,
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Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on March 20, 2002 approved the Minutes of the Planning
Commission Meeting of Wednesday, March 6, 2002.C'~ .
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