HomeMy WebLinkAboutPC Min 2003-10-08
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for October 8, 2003
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - Henry Eagar
District 5 - Phil Ladner
Department of Development Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Mac Cummins, Associate 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 wntten matenals on each agenda item are on file in
the Department of Development Services and City libranes for public inspection.
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City of Seal Beach Plannmg Commission · Agenda of October 8, 2003
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 dunng this time penod. No action can be
taken by the Planning Commission on these communications on this date, unless
agendlzed.
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
AI//Jroceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for October 8, 2003
7:30 p.m.
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 junsdlctlon of the Planning Commission, provided that the Planning
Commission may undertake no action or diScussion unless otherwise authonzed by law
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CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and are enacted by one motion unless
pnor 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
Approve Planning Commission Meeting Minutes of September 17, 2003
VI SCHEDULED MATTERS
VII PUBLIC HEARINGS
2 Conditional Use Permit 02-11
101 Main Street (Seaside Gnll)
AppllcanVOwner
Request
Michelle Mundy Ijames Watson
To indefinitely extend a previously approved Conditional Use Permit that
changed the approved hours of operation to 7 00 a m to 11 00 P m
Sunday through Thursday and 7 00 a m to 12 00 a m Fnday and
Saturday
Recommendation
Approval subject to conditions and adoption of Resolution 03-39
3 Conditional Use Permit 03-5
12489 Seal Beach Blvd (Mane Callender's)
AppllcanVOwner
Request
Bob Barger for Mane Callender's Pie Shop #38
Complete Intenor remodel to Include a proposed 671 square foot addition
to the eXisting restaurant, a proposed 980 square foot open outdoor patio
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Recommendation
dining area, a proposed 273 square foot covered patio dining area, a
proposed 296 square foot service yard area, a proposed 332 square foot
front porch/entry area, and to change the eXisting on-sale beer and wine
license to an on-sale general license
Approval subject to conditions and adoption of Resolution 03-37
4 Conditional Use Permit 03-6
900 Ocean Avenue (Ruby's Restaurant)
AppllcanVOwner
Request
Recommendation
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
Fred LeFranc / City of Seal Beach
To have outdoor dining Additionally, as Ruby's has a beer and wine
license, the CUP will Include an amended floor plan to Include the
outdoor dining area with respect to beer and wine service The outdoor
dining area will seat approximately 54 patrons and will Include nine 4
person tables, 1 two person table, and 16 seats along a counter which
will face out towards the end of the pier As part of this application, the
applicant IS proposing to remodel the City bait & tackle shop, to
accommodate new public ADA accessible restrooms, a new sink to clean
fiSh, expanded ADA access along the pier, a new trash enclosure with a
roll down door, and minor changes In the layout of the pier to help aid In
emergency services access
Continue to meeting of November 5, 2003
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Nav 5
Nav 19
Dee 3
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TO BE SCHEDULED:
[J Study Session
[J Staff Report.
[J Study Session
[J Study Session
City of Seal Beach Planmng Commission · Agenda of October 8, 2003
2003 Aaenda Forecast
Conditional Use Permit 03-6 (Ruby's Restaurant)
Permitted Uses and Development Standards In Commercial Zones (5161gB)
Undergroundlng of Utilities
ADA Handicapped-Accessible Restrooms
Parking Issues In Old Town
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of October 8,2003
Chairperson Sharp called the regularly scheduled meeting of the Planning Commission
to order at 7:30 pm. on Wednesday, October 8, 2003. The meeting was held in the
City Council Chambers and began with the Salute to the Flag 1
ROLL CALL
Present' Chairperson Sharp, Commissioners Deaton, Eager, Ladner, and Shanks
Also
Present: Department of Development Services
Mac Cummins, Associate Planner
Alexander Abbe, Assistant City Attorney
Absent: Lee Whittenberg, Director of Development Services
AGENDA APPROVAL
MOTION by Shanks; SECOND by Ladner to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eager, Ladner, and Shanks
None
None
ORAL COMMUNICATIONS
Chairperson Sharp opened oral communications.
There being no one wishing to speak, Chairperson Sharp closed oral communications.
CONSENT CALENDAR
1 Approve Planning Commission Meeting Minutes of September 17, 2003.
1 These Minutes were transcnbed from audiotape of the meeting
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City of Seal Beach Planning Commission
Meeting Minutes of October 8, 2003
MOTION by Shanks; SECOND by Ladner to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eager, Ladner, and Shanks
None
None
SCHEDULED MATTERS
None
PUBLIC HEARINGS
2. Conditional Use Permit 02-11
101 Main Street (Seaside Grill)
Applicant/Owner:
Request:
Michelle Mundy /James Watson
To indefinitely extend a previously approved Conditional Use
Permit that changed the approved hours of operation to 7.00
a.m. to 11 :00 p.m Sunday through Thursday and 7.00 a.m
to 12'00 a.m. Friday and Saturday.
Recommendation'
Approval subject to conditions and adoption of Resolution
03-39.
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He described the surrounding land uses as follows:
NORTH.
SOUTH:
Retail business in the Main Street Specific Plan (MSSP) Zone.
Beach and Pacific Ocean in a Public Land Use/Recreational (PLU/R)
Zone.
WEST:
Residential housing in a Residential High Density (RHD) Zone.
EAST.
Commercial businesses in the Main Street Specific Plan (MSSP) Zone
and housing In a Residential High Density (RHD) Zone.
He reported that the present owners have owned and operated the Seaside Gnll since
1992 He explained that after initially reviewing Conditional Use Permit 02-11 the
Planning Commission (PC) had determined that there were several other restaurants
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of October 8, 2003
along Main Street with similar hours and had approved CUP 02-11 subject to a
12-month review period. Mr. Cummins indicated that tYPically with an application of thiS
type Staff will contact the Seal Beach Police Department (SBPD) to determine whether
there have been extraordinary demands for law enforcement or any complaints lodged
against the restaurant He noted that in this case no complaints have been reported.
He stated that Staff is recommending approval of this application subject to conditions.
Commissioner Questions
Commissioner Deaton asked if Staff had received any communications at all regarding
this application. Mr. Cummins reported that none had been received.
Public Hearlna
Chairperson Sharp opened the public hearing.
Ms Michelle Mundy, owner of the Seaside Grill, thanked the Commission for their
consideration and stated that there have been no problems with the extended hours.
There being no one else wishing to speak, Chairperson Sharp closed the public
hearing
Commissioner Comments
MOTION by Deaton; SECOND by Ladner to approve Indefinite Extension of Conditional
Use Permit 02-11 subject to conditions, and adopt Resolution 03-39 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eager, Ladner, and Shanks
None
None
Mr. Abbe advised that the adoption of Resolution No. 03-39 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 03-5
12489 Seal Beach Blvd. (Marie Callender's)
Applicant/Owner:
Request:
Bob Barger for Marie Callender's Pie Shop #38
Complete interior remodel to include a proposed 671 square
foot addition to the existing restaurant, a proposed 980
square foot open outdoor patio dining area, a proposed 273
square foot covered patio dining area, a proposed 296
square foot service yard area, a proposed 332 square foot
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of October 8, 2003
front porch/entry area, and to change the existing on-sale
beer and wine license to an on-sale general license
Recommendation. Approval subject to conditions and adoption of Resolution
03-37
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 both the request for outdoor dining and for the upgrade of the liquor license
from a beer and wine license to a general liquor license require approval of a
Conditional Use Permit (CUP).
He described the surrounding land uses as follows:
NORTH, SOUTH
& WEST:
Remaining businesses of the Rossmoor Business Center
located in a General Commercial (C2) Zone.
EAST:
Old Ranch Town Center located in a General Commercial (C2)
Zone.
He stated that any time the PC approves an alcohol-related CUP a specific floor plan is
tied to that approval. He Indicated that there would be a net change of 32 seats within
the interior of the restaurant and 64 seats for future outdoor patio dining for a total net
change of an additional 96 seats. He noted that a parking analysIs was completed (see
Page 5 of Staff Report) using the City requirement of 1 parking space for each 100
square feet of gross floor area, making the requirement 93 parking spaces for the Marie
Callender's Restaurant. He reported that the section of the Rossmoor Center where
Marie Callender's is located provides 1,750 parking spaces, with the total demand for all
uses on this end of the business center being 1,328 spaces. He stated that some of the
Rossmoor Center has been redeveloped and there are plans to continue the
redevelopment, however, vehicular access to Marie Callender's will remain the same.
The Associate Planner then noted that the outdoor dining area would seat
approximately 64 persons and would be located on the northwest side of the restaurant.
He Indicated that at it's closest point the outdoor patio would be 350 feet to the nearest
residential development in Rossmoor, and 850 from the nearest Seal Beach homes
across Seal Beach Boulevard (SBB) He reported that the outdoor patio would have a
6-foot high wall completely surrounding the patio area. He said there is to be no change
in the hours of operation With regard to the request for a general liquor license, Mr.
Cummins reported that both Macaroni Grill and Islands across SBB have full liquor
licenses and given the proXimity to the closest reSidential structure and the nature of the
restaurant within Rossmoor Center, Staff believes a general liquor license to be
appropriate. He stated that Staff recommends approval subject to the findings in the
Staff Report and Draft Resolution.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of October 8, 2003
Commissioner Questions
Commissioner Eagar asked what type of material would be used to construct the wall.
Mr. Cummins reported that a portion of the wall would be glass with a 3-foot high wood
railing. Commissioner Eagar then asked what measures would be taken to ensure that
alcoholic beverages are not passed over the wall to someone in the parking lot. Mr.
Cummins indicated that within the Conditions of Approval Staff has stipulated that a
restaurant employee must monrtor all eating areas of the restaurant Including the
outdoor patio whenever alcohol is being served. Commissioner Eagar then asked
whether the license must cover the outdoor patio or if It could be issued for the interior
seating only. Mr. Cummins stated that If the PC chose to do so, It could limit alcohol
sales to the interior of the restaurant only. Commissioners Deaton and Sharp pointed
out that other restaurants In town (Davio's, Hennessey's, and B.J.'s) have open patio
areas and also serve alcoholic beverages.
Public Hearina
Chairperson Sharp opened the public heanng.
There being no one wishing to speak, Chairperson Sharp closed the public hearing.
Commissioner Comments
Chairperson Sharp noted that Mane Callender's has been in business in Seal Beach for
many years and the City should work to help them continue to do business and not
deny the general liquor license, particularly since the restaurants across SBB have been
granted this privilege.
Commissioner Shanks asked whether the restaurant would be closed during
construction. Mr. Robert Barger indicated that it is projected the restaurant would be
closed for 60-90 days.
Commissioner Eagar asked how the outdoor patio was to be monitored when alcohol is
being served. Mr. Barger stated that the restaurant has been in business in Seal Beach
for 31 years and has had the beer and wine license for approximately 18 years. He
noted that there has never been a problem with violations or complaints. He stated that
he would like to be able to offer cocktails to complement the guests' dinner.
Commissioner Eager asked if other Marie Callender's restaurants have outdoor seating.
Mr. Barger stated that not many of them do, but because Marie Callender's restaurants
have traditionally catered to the over-45 population, he now intends that the restaurant
include the entire community He noted that the outdoor dinrng area and the general
liquor license would allow Mane Callender's to be more competitive with the
surrounding restaurants
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City of Seal Beach Planning Commission
Meeting Minutes of October 8. 2003
Commissioner Ladner asked if the food servers would be instructed that alcoholic
beverages are to be served for on-site consumption only. Mr. Barger confirmed that
restaurant staff would receive training regarding this and It would be stnctly adhered to
Commissioner Eagar asked if the attendants assigned to monitor the patio would be 21
years of age or older. Mr. Barger confirmed that this would be the case.
MOTION by Eager; SECOND by Ladner to approve Conditional Use Permit 03-5
subject to conditions, and adopt Resolution 03-37 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eager, Ladner, and Shanks
None
None
Mr. Abbe advised that the adoption of Resolution No 03-37 begins a 10-day calendar
appeal penod to the City CouncIl. The Commissioner action tomght IS final and the
appeal period begins tomorrow morning.
4 Conditional Use Permit 03-6
900 Ocean Avenue (Ruby's Restaurant)
Applicant/Owner:
Request:
Fred LeFranc I City of Seal Beach
To have outdoor dining. Additionally, as Ruby's has a beer
and wine license, the CUP will include an amended floor
plan to Include the outdoor dining area with respect to beer
and wine service. The outdoor dining area will seat
approximately 54 patrons and will include nine 4-person
tables, 1 two-person table, and 16 seats along a counter,
which will face out towards the end of the pier. As part of
this application, the applicant is proposing to remodel the
City bait & tackle shop, to accommodate new public ADA
accessible restrooms, a new sink to clean fiSh, expanded
ADA access along the pier, a new trash enclosure with a roll
down door, and minor changes In the layout of the pier to
help aid In emergency services access.
Recommendation:
Continue to meeting of November 5, 2003.
Chairperson Sharp asked if this application was previously continued. Mr. Cummins
confirmed that this was correct but Staff is now recommending that it be continued to
the PC meeting of November 5, 2003 Mr. Abbe recommended that the Public Hearing
for this item again be opened for anyone present tomght wishing to comment on this
item.
Chairperson Sharp opened the public hearing.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of October 8, 2003
There being no one wishing to speak, Chairperson Sharp continued the public hearing
to the Planning Commission meeting of November 5, 2003.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eager, Ladner, and Shanks
None
None
STAFF CONCERNS
Mr. Cummins reported that at the last Planning Commission meeting during the public
hearing on Conditional Use Permit (CUP) 03-4 for Target a concern was expressed
regarding appropriate signage related to the off-site sale of alcoholic beverages not
being posted at Sav-On Drugs. He stated that Staff reviewed the Conditions of
Approval for Conditional Use Permit 99-5 for Sav-On Drugs and the Associate Planner
vIsited the site and instructed management that the required signage must be posted.
Commissioner Ladner asked if a specific deadline was set for compliance. Mr.
Cummins stated Staff would monitor the situation to ensure that the signs are posted.
Commissioner Ladner asked what the consequence would be for failure to comply Mr.
Cummins stated that failure to comply could lead to revocation of their CUP.
The Associate Planner then reported that the Local Coastal Program (LCP) would be
brought before the PC as soon as possible; however, the City has received the
California Coastal Commission's (CCC) proposal for handling permitting authority within
the LCP. He stated that the City consultant and Staff would be meeting with
representatives of the CCC to attempt to clarify some of these issues.
Chairperson Sharp inquired about the status of the wall to be constructed around the
outdoor dining area at the River's End Cafe. Mr. Cummins reported that a 4-foot high
wall of wood planks is under construction and will meet the requirements as approved.
COMMISSION CONCERNS
Commissioner Deaton recommended that items that are postponed or continued be
listed in the agenda forecast to allow the Commissioners to know when the items are to
be presented
Commissioner Shanks inquired about the status of the Housing Element (HE). Mr.
Cummins reported that Staff continues to work With the City consultant in prepanng the
HE. Commissioner Shanks asked if the HE would be ready for presentation With the
final draft of the General Plan (GP). Mr. Cummins stated that most likely this would not
be the case.
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ADJOURNMENT
Chairperson Sharp adjourned the meeting at 8 12 P m.
Respectfully Submitted,
0~^-~rr~
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of October 8, 2003
The Commission on October 22, 2003 approved the Minutes of the Planning
Commission Meeting of Wednesday, October 8, 2003. ~ .
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