HomeMy WebLinkAboutPC Min 2002-05-22
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for May 22,2002
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 Seal Beach Planning Commission. Agenda of May 22, 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 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 May 22, 2002
City of Seal Beach Planning Commission
Agenda for May 22, 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; 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 Commjssion, 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 May 8, 2002.
2. RECEIVE AND FILE: "Tahoe-Sierra Preservation Council, Inc., Et AI v. Tahoe Regional
Planning Agency Et AI," Supreme Court of the United States, April 23, 2002.
3. RECEIVE AND FILE: "LAND USE LAW REVIEW AND UPDATE MARCH 14, 2001 - MARCH
5, 2002," League of California Cities 2002 Planners Institute, March 20-22, 2002.
4. Minor Plan Review 02-4
608 Ocean Avenue
ApplicanUOwner:
Request:
Christina Filander / Ross Tesser
To construct a deck into the required setback area. Under the provisions
of Section 28-401, applicants may apply for a deck to extend up to 10
feet into the required rear yard setback" area under the Minor Plan
Review process.
Approval, subject to conditions and adoption of Resolution No. 02-26.
Recommendation:
VI.
SCHEDULED MATTERS
5. Determination of Proper Zoning
Signs for Residential Uses In Limited Commercial Zone
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City of Seal Beach Planning Commission. Agenda of May 22,.2002
VII. PUBLIC HEARINGS
6. Conditional Use Permit 02-12
218 % Main Street
ApplicanUOwner:
Request:
Recommendation:
Matt Murphree I Margaret Murphy
The applicant requests the ability to operate a professional office on the
ground floor of a building facing Main St.
Denial of CUP 02-12.
7. Conditional Use Permit 02-11
101 Main Street, #0 (Seaside Grill)
ApplicanUOwner:
Request:
Recommendation:
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
Michelle Mundy I James Watson
To change the approved hours of operation to 7:00 a.m. - 11 :00 p.m.
Sunday through Thursday, and 7:00 a.m. to 12:00 a.m. Friday and
Saturday.
Approval of Resolution 02-24, subject to conditions as recommended by
Staff, and as may be further revised by the Commission after considering
public testimony.
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City of Seal Beach Planning Commission. Agenda of May 22, 2002
. 2002 Aaenda Forecast
June 05
June 19
July 03
July 17
Aug 07
Aug 21
Sept 04
Sept 18
Oet 09
Oet 23
Noy 06
. Noy 20
Dee 04
Dee 18
TO BE SCHEDULED:
Q
Q
Q
Q
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
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of May 22, 2002
Chairperson Hood called the reg,ularly scheduled meeting ot the Planning
Commission to order at 7:30 p.m. on Wednesday, May 22, 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: Deoartment of Develooment Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Assistant Planner
Absent: None.
AGENDA APPROVAL
MOTIO~ 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 May 8, 2002.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of May 22, 2002
2. RECEIVE AND FILE: ''Tahoe-Sierra Preservation Council, Inc., Et AI v. Tahoe
Regional Planning Agency Et AI," Supreme Court of the United States, April 23,
2002.
3. RECEIVE AND FILE: "LAND USE LAW REVIEW AND UPDATE MARCH 14,
2001 - MARCH 5, 2002," League of California Cities 2002 Planners Institute,
March 20-22, 2002.
4. Minor Plan Review 02-4
608 Ocean Avenue
Applicant/Owner:
Request:
Christina Filander I Ross Tesser
To construct a deck into the required setback area.
Under the provisions of Section 28-401, applicants may
apply for a deck to extend up to 10 feet into the required
rear yard setback area under the Minor Plan Review
process.
Approval, subject to conditions and adoption of
Resolution No. 02-26.
Recommendation:
MOTION by Sharp; SECOND by Ladner to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
SCHEDULED MATTERS
5. Determination of Proper Zoning
Signs for Residential Uses In Limited Commercial Zone
Staff Reoort
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He stated that Staff had received a request from the owners
of the apartment building at 257 Seal Beach Boulevard (SBB) to have an
. identification sign located on the street side near SBB. He reported that this
property is located in the Limited Commercial (L-C) Zone, which is a mixed-use zone
allowing residential and commercial uses. He noted that under the provisions of the
Code for the L-C Zone for signage, Staff must review the standards for Residential
Medium-Density (RMD) and Low-Density (RLD). He stated that under these
standards there is no provision for a building or apartment identification sign to be
located on the property. He noted that his provision does exist within the Residential
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City of Seal Beach Planning Commission
Meeting Minutes of May 22, 2002
High-Density (RHO) standards and allows a sign not to exceed 10 square feet for
buildings with more than 10 units. Mr. Cummins stated that in Staffs opinion,
because this building has more than 20 units, it does meet the intent of this section
of the signage code in residential areas. He said that Staff is recommending that the
Planning Commission (PC) make the determination that placement of a sign not to
exceed 10 square feet be found appropriate within this zone. He noted that Staff is
also recommending that the PC limit such signs to 10 square feet in size so as to
remain consistent with other standards for apartment 1.0. signs in resid~ntial areas,
and that larger signs require a Variance.
Commissioner Questions
None.
Public Comment
Chairperson Hood opened the public comment period.
There being no one wishing to speak, Chairperson Hood closed the public comment
period.
Commissioner Comments
None.
MOTION by Brown; SECOND by Sharp to approve the Determination of Proper
Zoning that the proposed sign fits within the scope as outlined in Section 28-1157 of
the City Code and that Resolution 02-27 be adopted as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. 80ga advised that the adoption of Resolution No. 02-27 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
PUBLIC HEARINGS
6. Conditional Use Permit 02-12
218 % Main Street
Applicant/Owner:
Matt Murphree I Margaret Murphy
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City of Seal Beach Planning Commission
Meeting Minutes of May 22, 2002
Request: The applicant requests the ability to operate a
professional office on the ground floor of a building facing
Main St.
Recommendation: Denial of CUP 02-12.
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 business is currently operating without a valid business license. He
indicated that Home Loan Online had applied for and received a business license to
operate at a different location, and when they applied for renewal of the license the
City became aware that they hand moved to and were in operation on Main Street.
Staff made the owners aware of the need to apply for a Conditional Use Permit
(CUP) and renewal of the business license has been delayed until the PC has made
a determination. The Assistant Planner stated that the primary issue is whether the
PC wishes to allow office uses on the ground floor of buildings that front Main Street.
He explained that the Main Street Specific Plan (MSSP) states that the area should
be a mix of visitor and local serving commercial uses, and Staff interprets this to be
a use where customers come in and make a purchase or have a service performed.
He noted that Home Loan Online customers will either telephone or communicate
via the Internet requesting information about home mortgage financing. He
emphasized that since inception of the MSSP a CUP for an office use has not been
granted and this could be precedent setting. He stated that Staff is recommending
denial of CUP 02-12.
Commissioner Questions
None.
Public Hearina
Chairperson Hood opened the public hearing.
Mr. Matt Murphree stated that he began his business by operating out of his home in
Seal Beach. He said that his business was licensed and because of its nature, he is
subject to close scrutiny by several regulating agencies. Mr. Murphree said that in
March 2002 he was notified that he was not in compliance with City Code. He
stated that the name of his business was Creative Capita Group Inc. and the City
business license issued under this name expires in June 2002. He explained that In
January 2001 when the business relocated to Main Street, his wife had visited the
City to provide the information Or) the change of address. He continued by stating
that the name of the business was changed to Home Loan Online and it was under
this name that he attempted to apply for an early renewal of the license. Mr.
Murphree said that it was at this point that he was told that it would be necessary to
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City of Seal Beach Planning Commission
Meeting Minutes of May 22, 2002
apply for a CUP. He reported that 35-40% of his local business is from walk-in
customers. He stated that he believes his business makes a positive contribution to
the City. He noted that when he leased the space on Main Street he was not made
aware of the restriction on office uses. He pointed out that there are many other
office uses located along Main Street including The Sun Newspaper, attorneys, real
estate brokers, and other professional services. Mr. Murphree said that he does
desire to be in compliance and did not want to go through this process and noted
that he has invested approximately $60,000 in technology for this space. He
emphasized that he has made no secret of his business and has openly advertised
his services located at this address.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Commissioner Brown reiterated his statement that Main Street must be thought of as
a mall, with the City, Planning Commission, and City Council as the managers. He
noted that the City has no control over leases, but solely controls zoning and CUPs,
however through the MSSP, the City's vision for Main Street is very clearly
described. He said that Main Street is a commercial zone and is predominantly a
retail area, and professional offices are not appropriate on the first floor. He stated
that he would impressed that Mr. Murphree was able to acquire a ,business license
to operate out of his home. Commissioner Brown said that he did not feel this was
an appropriate use for a first floor location on Main Street.
Commissioner Sharp stated he was in agreement with Commissioner Brown.
Commissioner Cut~1i stated he was also in agreement with Commissioner Brown.
MOTION by Brown; SECOND by Sharp to deny Conditional Use Permit 02-12 and
adopt Resolution 02-25 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Boga advised that the adoption of Resolution No. 02-25 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. Conditional Use Permit 02-11
101 Main Street, #0 (Seaside Grill)
ApplicanUOwner:
Michelle Mundy I James Watson
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City of Seal Beach Planning Commission
Meeting Minutes of May 22, 2002
Request: To change the approved hours of operation to 7:00 a.m.
- 11 :00 p.m. Sunday through Thursday, and 7:00 a.m. to
12:00 a.m. Friday and Saturday.
Recommendation: Approval of Resolution 02-24, subject to conditions as
recommended by Staff, and as may be further revised by
the Commission after considering public testimony.
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
noted that a listing of prior approvals appears in the Staff Report. He explained that
the Conditional Use Permit (CUP) currently under discussion is CUP 92-2, which
permitted on-sale beer and wine and set the current hours of operation.
He described the surrounding land uses as follows:
NORTH:
Retail business in the Main Street Specific Plan (MSSP)
Zone.
SOUTH:
The beach and pier in a Public Land Use/Recreation
(PLU/R) Zone.
WEST:
Residential housing in a Residential High Density (RHO)
Zone.
WEST:
Commercial businesses in the Main Street Specific Plan
(MSSP) Zone and housing in a Residential High Density
(RHO) Zone.
Mr. Cummins reported that the original approval was granted in 1992 with the
applicant returning several months later to request the ability to remain open until
1 :00 a~m. He noted that City Council denied this request on the basis that the
Seaside Grill had not yet completed a year of operation. He continued by stating
that in 1993 the same application was presented and was approved by the PC but
subsequently denied on appeal to City Council. Mr. Cummins stated that in 1994
the PC granted an indefinite extension of this CUP, which set the hours at what they
currently are:
7:00 a.m. to 10:00 p.m. Sunday through Thursday
7:00 a.m. to 11 :00 p.m. Friday and Saturday
The Assistant Planner stated that at the time of approval there was some discussion
of an overriding City policy for hours of operation of alcohol serving establishments
on Main Street. He noted that at that time there was no Specific Plan and the City
did not have the same types of controls that it now has related to certain types of
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City of Seal Beach Planning Commission
Meeting Minutes of May 22, 2002
land uses and the general overall vision for the area. He said that Staff believes that
the proper conditioning of a CUP can address these types of concerns. Mr.
Cummins noted that with regard to staying open one hour later, Staff sees this
business as no different than other businesses currently in operation along Main
Street that are allowed to remain open until 1 :00 or 2:00 a.m. nightly. He explained
that allowing this business to remain open until 11 :00 p.m. on weekdays and 12:00
a.m. on weekends is consistent with other similar business uses on Main Street. As
such, he said Staff recommends approval of CUP 02-11. He noted that the Seal
Beach Police Department (SBPD) has reported with the restaurant having been in
business for almost 10 years there has been no extraordinary demand for law
enforcement.
Commissioner Questions
Commissioner Brown asked if Staff had information on the opening and closing
times for competing businesses on Main Street. Mr. Cummins stated that he did not
have a list, but noted that there are a number of establishments that are open until
midnight or 1 :00 a.m. Commissioner Brown stated that the bars that are open until
2:00 a.m. were in existence prior to the MSSP being adopted or even before the City
incorporated, but in terms of recent approvals (like Hennessey's) he inquired as to
what the hours of operation are. Mr. Cummins reported that he was certain
Hennessey's closing time is 1 :00 a.m. Commissioner Brown countered that he did
not believe that Hennessey's was open until 1 :00 a.m. He recommended that Staff
research this question during the public hearing testimony period.
Public Hearina
Chairperson Hood opened the public hearing.
Mr. Bob Wood spoke in opposition to CUP 02-11 stating that the Seaside Grill
consistently ignores the assigned hours of operation, in particular the closing time.
He reported that as recently as Tuesday past it had been necessary to call SBPD to
disperse loud and unruly customers. Mr. Wood noted that he has lost tenants from
his apartment building due to the late night noise. He then submitted a petition
signed by residents in opposition of this application and recommended denial of
CUP 02-11. .
Ms. Lorraine Chavez spoke in favor of CUP 02-11 noting that the owners of the
Seaside Grill have been very responsible in comparison with many of the other
establishments on Main Street. She said that this is basically a family restaurant
and not strictly a bar and" the owners are always on site.
Mr. Alan Chavez stated that he has known the applicant for many years and
although he does not frequent the Seaside Grill very often, Ms. Mundy is very
responsible in managing her business. He recommended approval of CUP 02-11.
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City of Seal Beach Planning Commission
Meeting Minutes of May 22, 2002
Mr. Bill Brown spoke in favor of CUP 02-11. He praised the owners for their
management of the Seaside Grill and recommended approval.
Mr. Dan De Fever, co-owner of the Seaside Grill, stated that his business caters to a
large portion of the local residents. He said that many of his customers work late or
have activities that end late and they would like to have dinner at the Seaside Grill,
but are unable to due to the 10:00 p.m. closing time. He stated that he has many
patrons who come in to watch the televised basketball games that do not end until
10:30 p.m. must be refused service after 10:00 p.m. He emphasized that they
usually do not open the grill until 11 :00 a.m. and they need an extra hour in the
evenings to be able to accommodate their patrons.
Ms. Michelle Mundy, co-owner of the Seaside Grill, also requested approval of CUP
01-11.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Mr. Cummins reported to Commissioner Brown that the current hours of operation
for Hennessey's are 7:00 a.m. to 1 :00 a.m. Monday through Saturday, and 7:00 a.m.
to 11 :00 p.m. on Sundays.
Mr. Whittenberg also reported the hours of operation for several other similar
establishments along Main Street as follows:
Kinda Lahaina
6:00 a.m. - 11 :00 p.m.
6:00 a.m. - 12:00 a.m.
Sunday - Thursday
Fri~ay - Saturday
Daily
Taco Surf
11 :00 a.m. - 10:00 p.m.
Pasta Grotto
11 :00 a.m. - 10:00 p.m.
11 :00 a.m. - 11 :00 p.m.
Sunday - Thursday
Friday - Saturday
O'Malley's
Walt's Wharf
1 :30 a.m.
Daily
7:30 a.m. - 11 :00 p.m.
7:30 a.m. - 12:00 a.m.
Sunday - Thursday
Friday - Saturday
Commissioner Comments
Commissioner Brown stated that the issue of hours of operation is addressed in the
MSSP, and he has always felt that a consistent set of hours should be set to apply
equally to all restaurants and bars. He expressed his view that a restaurant
becomes a bar after a certain hour of the evening, and the question of whether or
not the Seaside Grill is a bar or a restaurant has always come up. He said that he
believes it is important to carefully evaluate extending the hours for consumption of
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City of Seal Bear;h Planning Commission
Meeting Minutes of May 22, 2002
alcohol, and balance the interests of the residents and business owners.
Commissioner Brown stated that he does not see a problem with a 12:00 p.m.
closing time on the weekends and he would go along with an 11 :00 p.m. closing time
during the week.
Commissioner Sharp said he is sensitive to rental tenants, but he emphasized that if
you rent or own rental properties on a main street where restaurants and bars do
business, the expectation of dealing with noise should be a given. He stated that he
had no objection to approving CUP 02-11.
Commissioner Cutuli also spoke in favor of approving the extended hours of
operation.
Commissioner Ladner said he was also in favor of approving CUP 02-11.
MOTION by Brown; SECOND by Cutuli to approve a 12-month review of Conditional
Use Permit 02-11 and adopt Resolution 02-24 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Boga advised that the adoption of Resolution No. 02-24 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 reported that Leisure World will be celebrating its 40th
Anniversary next month and a Country Fair will be held along with other festivities.
Commissioner Cutuli requested an update on the Hellman Project. Mr. Whittenberg
reported that they are awaiting approval from the California Coastal Commissioner in
order to be granted a grading permit by the City.
Commissioner Brown inquired about whether approval had been given for lights to
be lit until the 9:00 p.m. c1osi.ng time on the Bixby Old Ranch driving range. Mr.
Whittenberg stated that because by right the golf course has a specific zone
designation for golf courses and driving ranges, etc.
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City of Seal Beach Planning Commission
Meeting Minutes of May 22, 2002
Commissioner Brown inquired as to why completion of the golf course and
clubhouse was going so slowly. Mr. Whittenberg reported that permits were issued
quite a while ago and he has no idea what the cause of the delay may be.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:23 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Se ary
Planning Department
APPROVAL
The Commission on June 5, 2002 approved the Minutes of the Planning
Commission Meeting of Wednesday, May 22, 2002. C:::c...
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