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HomeMy WebLinkAboutPC Min 2002-05-08 . . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for May 8, 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 Deoartment of Develooment Services Lee Whittenberg, Director Terence Boga, Assistant City Attorney Mac Cummins, Assistant Planner Carmen Alvarez, Executive Secretary a 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. a 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. a Planning Commission meetings are broadcast live on Seal Beach TV3. They are rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m. a Videotapes of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $20 per tape. Telephone: (562) 596-1404. a 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 May 8, 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 may make one motion for approval of all the items listed on the Consent Calendar. SCHEDULED MATTERS: These items are considered by the Planning Commission separately and require separate motions. These transactions are considered administrative and public testimony is not heard. STAFF CONCERNS: Updates and reports from the Director of Development Services (Planning and Building Departments) are presented for information to the Planning Commission and the public. COMMISSION CONCERNS: Items of concern are presented by the Planning Commissioners and discussed with staff. All proceedings are recorded. 2 . . . City of Seal Beach Planning Commission · Agenda of May 8, 2002 City of Seal Beach Planning Commission Agenda for May 8, 2002 7:30 p.m. I. PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL II. III. By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the Agenda; (b) Re-arrange the order of the Agenda; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item is removed from the Consent Calendar for separate action. IV. ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Planning Commission, provided that the Planning Commission may undertake no action or discussion unless otherwise authorized by law. V. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning Commission, staff, or the public requests a specific item be removed from the Consent Calendar for separate action. 1. Approve Planning Commission Meeting Minutes of April 17, 2002. VI. SCHEDULED MATTERS VII. PUBLIC HEARINGS 2. Conditional Use Permit 02-1 347 Main Street Applicant/Owner: Request: Coffee Bean & Tea Leaf / Makena Resources To approve a Conditional Use Permit request for the ability to have approximately 16 outdoor seats at an existing restaurant. Recommendation: Approval, subject to conditions and adoption of Resolution No. 02-5. 3. Conditional Use Permit 02-10 12850 Seal Beach Blvd. (Ayres Country Suites Hotel) Applicant/Owner: Request: Ayres Group To permit on-premise consumption of alcoholic beverages during a reception and cocktail hour in the hotel lobby/common area on the first floor between the hours of 4:00 - 7:00 p.m. 3 . . . City of Seal Beach Planning Commission. Agend,a of May 8, 2002 Recommendation: Approval, subject to conditions and adoption of Resolution No. 02-19. 4. Conditional Use Permit 98-18 (Indefinite Extension) 143 Main Street ApplicanUOwner: Request: Recommendation: VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT Hennessey's TavernlDorothy Nescher An indefinite extension of the previously approved CUP 98-18 to allow continued use of an outdoor dining area. Approval, subject to conditions as recommended by Staff, and as may be further revised by the Commission after considering public testimony. 4 City of Seal Beach Planning Commission · Agenda of May 8, 2002 . 2002 Aaenda Forecast May 22 CUP 02-11 - 101 Main St (Seaside Grill) CUP 02-12 - 218 Yz Main St (Home Loan Online) MPR 01-2 - 303 Central Avenue June 05 June 19 July 03 July 17 Aug 07 Aug 21 Sept 04 Sept 18 . Oct 09 Oct 23 Nay 06 Nay 20 Dee 04 Dee 18 TO BE SCHEDULED: o o o o Study Session: Staff Report: Study Session: Study Session: Permitted Uses and Development Standards in Commercial Zones (5/6/98) Undergrounding of Utilities Retaining Walls ADA Handicapped-Accessible Restrooms . 5 .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .~; 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 May 8, 2002 Chairperson Hood called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, May 8, 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, City Attorney Mac Cummins, Assistant Planner Absent: Terence Boga, Assistant City Attorney AGENDA APPROVAL MOTION by Sharp; SECOND by Brown 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 April 17, 2002. 1 These Minutes were transcribed from audiotape of the meeting. Z:\CAlvarez\Carmen_data\PC Minutes\2002\05-08-02 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 . City of Seal Beach Planning Commission Meeting Minutes of May 8, 2002 MOTION by Cutuli; SECOND by Sharp to approve the Consent Calendar as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 'Brown, Cutuli, Hood, Ladner, and Sharp None None SCHEDULED MATTERS None. PUBLIC HEARINGS 2. Conditional Use Permit 02-1 347 Main Street Applicant/Owner: Request: Coffee Bean & Tea Leaf I Makena Resources To approve a Conditional Use Permit request for the ability to have approximately 16 outdoor seats at an existing restaurant. Recommendation: Approval, subject to conditions and adoption of Resolution No. 02-5. Staff Report Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and stated that Conditional Use Permit (CUP) 02-1 is two-fold as the Coffee Bean & Tea Leaf (CBTL) is also applying for approval to operate a coffeehouse greater than 1,000 square feet. He described the surrounding land uses as follows: NORTH: Commercial businesses in the C-2 Commercial Zone and residential housing in the Residential Low Density (RLD) Zone. SOUTH: Mixture of service and commercial businesses in the Main Street Specific Plan (MSSP) Zone. EAST: Mixture of service and commercial businesses in the Main Street Specific Plan (MSSP) Zone. Z:\CAlvarez\Carmen_data\PC Minutes\2002\OS.QS-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 May 8, 2002 WEST: Commercial businesses in the C-2 Commercial Zone along Pacific Coast Highway and residential housing in the Residential High Density (RHO) Zone. Mr. Cummins noted that CBTL has proposed to provide a maximum of 16 outdoor seats in conjunction with the existing coffeehouse as follows all facing east towards Main Street: 1. Three 4-person tables. 2. Two 2 -person tables He reported that when Staff inspected the property and reviewed the plans, they found that the tables were stationed across the property line on the public right-of- way. He said that after completing an analysis of the area, Staff determined that it would be necessary to reduce the square footage of the proposed outdoor seating area. He reported that with the shopping center building serving as a barrier, the nearest homes to the southwest would not be adversely affected by noise. The Assistant Planner reported that adequate parking is available for the shopping center. He stated that Staff recommends approval of both requests, subject to conditions and with a reduction in the square footage of the seating area. . Commissioner Questions Com'missioner Ladner asked what the size of the tables would be. Mr. Cummins reported that he believed they measure 24 inches across. Commissioner Ladner stated that he believed it would be apPr:c>priate to place a 2 or 3-person table outside as opposed to a 4-person table. Public Hearing Chairperson Hood opened the public hearing. Mr. Tony Pomo, the director of design and construction for CBTL thanked the Commission for their consideration and noted that he had paced off the measurements at the site to observe the property line proximity to the edge of the building. He agreed that 2-person 18-inch tables would be much more appealing than a 4-person table. He stated that it would be possible to have six 2-person tables in this area, but no 4-person tables. There being no one else yvishing to speak, Chairperson Hood closed the public hearing. Commissioner Comments Commissioner Brown stated that outdoor dining on Main Street should be encouraged. He said that outdoor dining enlivens the street scene and makes more Z:\CAlvarez\Carmen_data\PC Minutes\2002\05-08-02 PC Minutes.doc 3 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .-<=- 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Planning Commission Meeting Minutes of May B, 2002 for a walking environment and the City should encourage this. He stated that a policy should be established stating how far outdoor dining areas can encroach onto the public right-of-way, if at all. He said that as long as the parking requirement is met, he would support this application. He asked if Staff had specified the number of tables allowed. Mr. Cummins reported that the resolution could be amended to reflect six 2-person tables. Commissioner Sharp stated he would also support this application as no alcoholic beverages are to be served. Commissioner Cutuli said that having the outdoor dining areas reminds him of the European sidewalk cafes, which he enjoys. He said as long as the placement of the tables is legal, he would vote to approve. Commissioner Ladner stated that the south end of the building is approximately 18 inches closer to the sidewalk than the front of the building, which might be a consideration in determining the placement of the tables. He said he had no problem with the tables encroaching onto the sidewalk. Mr. Whittenberg suggested amending the language for Condition No. 1 of Resolution 02-5 to state that CBTL provide tables on their property at their discretion, as long as they do no encroach onto the public right-of-way. He emphasized that there is more than adequate parking. Chairperson Hood questioned whether the Planning Commission should allow total discretion to CBTL to decide how many tables they would place in the outdoor dining area. He stated that it might be better to establish a standard to which the applicant must adhere. Mr. Whittenberg suggested establishing a cap for the number of seats allowed, but not specify how the seats would be arranged. Commissioner Sharp stated that he saw no reason for a cap, as long as there was a restriction to keep off the public right-of-way. Commissioner Brown stated his agreement with Commission Sharp comments. Mr. Whittenberg gave the example of lunch hour at Nick's Deli on Main Street having as many tables as possible squeezed inside the delicatessen making it very crowded. He said it would make sense to establish a cap to prevent this occurring at CBTL. Commissioner Brown stated he was fine with the condition to stay off the public right-of-way and allowing CBTL to determine the number and placement of tables. He said that this was why parking requirements are based upon square footage and he does not want to micromanage how many customers they can seat. Commissioner Sharp noted that there was no problem with fire exits as the seating is outdoors. Mr. Whittenberg read the amended text and the PC approved. Z:\CAlvarez\Carmen_data\PC Minutes\2002\OS-GS-G2 PC Minutes.doc 4 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .-=- 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Planning Commission Meeting Minutes of May 8, 2002 Chairperson Hood asked if CBTL violates this condition would CUP 02-1 become void and require a hearing before the PC to reinstate? Mr. Whittenberg stated that this would depend upon the response from CBTL to notices from Staff regarding violations and also upon the severity of the violation. MOTION by Brown; SECOND by Sharp to approve Conditional Use Permit 02-1 subject to conditions and adopt Resolution 02-5 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Brown, Cutuli, Hood, Ladner, and Sharp None None Mr. Barrow advised that the adoption of Resolution No. 02-5 begins a 10-day calendar appeal period to the City Council. The Commissioner action tonight is final and the appeal period begins tomorrow morning. 3. Conditional Use Permit 02-10 12850 Seal Beach Blvd. (Ayres Country Suites Hotel) Applicant/Owner: Request: Ayres Group To permit on-premise consumption of alcoholic beverages during a reception and cocktail hour in the hotel lobby/common area on the first floor between the hours of 4:00 - 7:00 p.m. Approval, subject to conditions and adoption of Resolution No. 02-19. Recommendation: Staff Reoort 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 noted that this type of Alcohol and Beverage Control (ABC) license does not allow for the sale of the beverages themselves, but is a service provided as part of the cost of the hotel room. He stated that there would be no outside service of alcohol. He reported that the hotel is due to open on June 1, 2002, and there are no residential uses within at least 350 feet of the property. He described the surrounding land uses as follows: SOUTH: 1-405 Freeway WEST Bixby Office Park in the General Commercial (C-2) and Light Industrial (M-1) Zones. Z:\CAlvarez\Carmen_data\PC Minutes\2002\05-OS-Q2 PC Minutes.doc 5 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Planning Commission Meeting Minutes of May 8. 2002 NORTH: Commercial businesses and restaurants within the Old Ranch Towne Center Commercial Overlay (C2) Zone and across Lampson Avenue, the Bixby Old Ranch Golf course_ in the Recreation-Golf (R-G) Zone. EAST: To be constructed Sunrise Senior Assisted Living Facility within the Old Ranch Towne Center Commercial Overlay (C-2) Zone. Mr. Whittenberg noted that a 16-foot sound wall will separate the senior assisted care facility from the parking lot for the hotel use and the restaurants in this area. He said that Staff is recommending approval of Conditional Use Permit (CUP) 02-10 subject to conditions. Commissioner Questions Commissioner Brown asked if a similar measure had been approved for the Radisson Hotel. Mr. Whittenberg reported that this information appears in the Staff Report. He noted that a similar CUP had also been approved for the Oakwood Apartments, but they had later surrendered the license. Commissioner Brown asked if the Radisson is still providing this service. Mr. Whittenberg noted that the new name for the Radisson is the Pacific Inn and they are still providing this service. Commissioner Brown asked if any complaints had been received. Mr. Whittenberg stated that there were none. Public Hearing Chairperson Hood opened the public hearing. Mr. Douglas Ayres stated that he was available to respond to questions from the Planning Commission. Commissioner Brown asked if there would be a charge for the service of alcoholic beverages. Mr. Ayres reported that the service is complimentary. Mr. Ayres then commented on an observation made by Chairperson Hood at the previous hearing on the hotel, regarding the architecture of the building not reflecting more of a "European look." Mr. Ayres stated that the Ayres Group tries to give their hotels a flair and he encouraged visiting the hotel. There being no one else wishing to speak, Chairperson Hood closed the public hearing. Commissioner Comments None. MOTION by Sharp; SECOND by Ladner to approve Conditional Use Permit 02-10 subject to conditions and adopt Resolution 02-19 as amended. Z:\CAlvarez\Cannen_data\PC Minutes\2002\05-0a-02 PC Minutes.doc 6 .~ 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 May 8, 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. 02-19 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 98-18 (Indefinite Extension) 143 Main Street Applicant/Owner: Request: Hennessey's Tavern/Dorothy Nescher An indefinite extension of the previously approved CUP 98-18 to allow continued use of an outdoor dining area. Recommendation: Approval, subject to conditions as recommended by Staff, and as may be further revised by the Commission after considering public testimony. 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 item has come before the Planning Commission (PC) several times with the most recent hearing resulting in a 6-month extension and approval for a change of hours to begin operation at 7:00 a.m. for breakfast. He noted that the scope of authority for this particular hearing is to determine the issues revolving around the outdoor dining patio area only, and not Hennessey's ability to serve alcohol. Mr. Cummins provided a brief chronological history of previous applications made by Hennessey's and stated that since the last public hearing Staff has not observed violations of the Conditions of Approval nor has Staff received complaints related to any aspect of the restaurant's operation. He stated that Staff is recommending approval for the indefinite extension of Conditional Use Permit (CUP) 98-18 subject to conditions. Commissioner Questions None. Public Hearina Chairperson Hood opened the public hearing. Z:\CAlvarez\Carmen_data\PC Minutes\2002\05-08-02 PC Minutes.doc 7 .~ 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 May 8, 2002 Mr. Woody Woodruff stated that the very evening the PC had approved the extended hours for Hennessey's the restaurant stayed open until 10:30 when they should have closed down by 9:00 p.m. He said that Hennessey's has never honored the CUP nor have they honored their neighbors. Mr. Woodruff stated that because there is no code enforcement, he has ceased to call the City regarding infractions by Hennessey's. He said that as a result, Hennessey's continues to violate the conditions of the CUP by keeping the front door open even when they have live entertainment. Mr. Woodruff also noted that the Fire Department has repeatedly been called upon to handle the blockage of fire exists at the restaurant. Mr. Jenicks, Regional Manager for Hennessey's Tavern, stated that they have complied with everything that the new CUP has required, and have been a good business in the community. He said that they have had no problems with the Police or Fire Department, and if tables were blocking a fire exit, they have been removed. He emphasized that Hennessey's has done everything in its power to comply with City requirements. He recommended approval of CUP 98-18. There being no one else wishing to speak, Chairperson Hood closed the public hearing. Commissioner Comments Commissioner Brown stated that usually when an application from Hennesey's is to be heard, he receives many telephone calls from his constituents regarding the hearing. He noted that CUP 98-18 applies only to the operation of the outdoor dining area and he has not received any calls in opposition. He stated that he would support approval of an indefinite extension of CUP 98-18, noting that any future violations could be handled by revocation of the CUP. Commissioner Cutuli stated that he had on the previous evening visited Hennessey's for dinner and found it to be a nice family restaurant. He said he would vote in favor of extending CUP 98-18. Commissioner Sharp asked if Staff had received any reports of violations of the fire exits within the restaurant. Mr. Cummins reported that Staff had received no reports of this nature. Mr. Whittenberg stated that unless there were no immediate response to a fire department notice of a violation, Staff would not have received notification. Commissioner Sharp stated that he had not objections to extending CUP 98-18. Commissioner Ladner stated he had no objection. Chairperson Hood stated that he had accompanied Commissioner Cutuli for dinner at Hennessey's last evening and also found it to be a family-oriented restaurant. He commented that upon leaving they had noticed that when a delivery truck is parked at the back door, there is no room for other cars to pass in the alley. He cautioned Z:\CAlvarez\Carmen_data\PC Minutes\2002\05-0S.Q2 PC Minutes.doc 8 .~ 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 May 8, 2002 that it would be in Hennesey's best interest to address this as it has the potential to create a problem. MOTION by Brown; SECOND by Cutuli to approve the Indefinite Extension of Conditional Use Permit 98-18 subject to conditions and adopt Resolution 02-20 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. 02-20 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 Sharp congratulated the Bixby Company for the beautiful job done at the back of the driving range. He also asked if the grading work had begun for the senior assisted living center. Mr. Whittenberg stated that he believed preliminary grading for utility lines had begun. Commissioner Cutuli reported that due to time constraints he would no longer be serving on the Planning Commission. He thanked everyone for the honor of serving. Commissioner Brown announced that due to term limits, his term will expire and he will no longer be serving on the Planning Commission. He stated that in response to queries regarding the candidate he would support for City Council, he noted that if candidates have no proven track record, he believes that it is important to look at what record they do have and also to see whom their supporters are. He commented that Bev Pearce's strongest"'supporter and campaign manager had supported the MOlA Development for 800 new homes, and if this is what citizens favor, they should vote for Ms. Pearce. He stated that he was also distressed with the comments on the Redevelopment Agency and noted that City monies could surely be put to better use than placing low income housing within one block from the beach. He stated that Charles Antos would be his preferred candidate. Z:\CAlvarez\Carmen_data\PC Minutes\2002\05-08.o2 PC Minutes.doc 9 .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . . ADJOURNMENT City of Seal Beach Planning Commission Meeting Minutes of May 8, 2002 Chairperson Hood adjourned the meeting at 8:20 p.m. Respectfully Submitted, Carmen Alvarez, Executive Secret Planning Department APPROVAL The Commission 01'1 May 22, 2002, approved the Minutes of the Planning Commission Meeting of Wednesday, May 8, 2002. ~ Z:\CAlvarez\Carmen_data\PC Minutes\2002\05-0a-G2 PC Minutes.doc 10