HomeMy WebLinkAboutPC Min 2004-07-21
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for July 21, 2004
7:30 p.m.
Dlstnct 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - Gary Roberts
District 5 - Phil Ladner
Department of Development Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Mac Cummins, AICP, Associate Planner
Carmen Alvarez, Executive Secretary
CJ
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.
CJ
The City of Seal Beach complies with the Amencans with Disabilities Act. If you
need assistance to attend this meeting please telephone the City Clerk's Office at
least 48 hours in advance ofthe meeting (562) 431-2527.
CJ
Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m
CJ
Videotapes of Planning Commission meetings may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
CJ 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 July 21, 2004
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 fJroceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for July 21, 2004
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; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or
public to request an item be 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.
RESOLUTIONS OF COMMENDATION
1. Honoring and Commending Henry Eagar for his Dedicated Service as
Planning Commissioner to the City of Seal Beach.
2. Honoring and Commending Mac Cummins for his Dedicated Service as
Associate Planner to the City of Seal Beach.
VI 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.
3. Approve Planning Commission Meeting Minutes of June 16, 2004.
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City of Seal Beach Planning Commission · Agenda of July 21, 2004
4. RECEIVE AND FILE INFORMATION REPORTS RE: Religious Land Use
and Institutionalized Persons Act (RLUIPA) & Variance Findings.
5. RECEIVE AND FILE INFORMATION REPORTS RE: Religious land Use
and Institutionalized Persons Act (RLUIPA) Inverse Condemnation & Adult
Business Licensing.
VII SCHEDULED MATTERS
6. Minor Plan Review 04-7
105 Surf Place
Applicant/Owner: Thomas & Cynthia Dutton
Request: To construct an approximately 6-foot tall waterfall and
water slide structure within the required rear yard
setback area.
Recommendation: Pleasure of the Planning Commission
VIII PUBLIC HEARINGS
7. Conditional Use Permit 01-14 (Indefinite Extension)
12420 Seal Beach Blvd. (Daphne's Greek Cafe)
Applicant/Owner:
Request:
George Stavros I Brad Becker
To continue to serve beer and wine for on sale
consumption and to have approximately 16 outdoor
seats at the existing restaurant.
Recommendation:
Approval subject to conditions and adoption of
Resolution 04-21
8. Conditional Use Permit 02-7 (Indefinite Extension)
12800 Seal Beach Blvd. (Hot Off the Grill)
Applicant/Owner:
Request:
George Stavros I Brad Becker
To continue to have approximately 32 seats at the
existing restaurant.
Recommendation:
Approval subject to conditions and adoption of
Resolution 04-34.
9.
Site Plan Review 03-1 (Indefinite Extension)
12850 Seal Beach Blvd. (Country Suites by Ayes)
Applicant/Owner:
The Ayres Group I Seal Beach Hotel LP
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City of Seal Beach Planning Commission · Agenda of July 21, 2004
Request:
To continue to operate rental car agency on property
previously developed for a hotel located at the
southeast corner of Lampson Avenue and Seal Beach
Boulevard.
Recommendation: Pleasure of the Planning Commission
IX. STAFF CONCERNS
X COMMISSION CONCERNS
XI ADJOURNMENT
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City of Seal Beach Planmng Commission · Agenda of July 21, 2004
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Aug 04
Aug 18
Sep 08
Sep 22
Oct 06
Oct 20
Nov 03
Nov17
Dee 08
Dee 22
TO BE SCHEDULED:
. 0 Study Session:
0 Staff Report:
0 Study Session:
0 Study Session:
0 Study Session:
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2004 Aaenda Forecast
Permitted Uses & Development Standards in Commercial Zones
(5/6/98 )
Undergroundlng of Utilities
ADA Handicapped-Accessible Restrooms
Parking Issues in Old Town
MSSP Parking Requirements
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of July 21, 2004
Chairperson Sharp called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, July 21, 2004. The meeting was held in the City
Council Chambers and began with the Salute to the Flag.1
Chairperson Sharp introduced Gary Roberts, the new Planning Commissioner
representing District 4.
ROLL CALL
Present: Chairperson Sharp, Commissioners Deaton, Ladner, Roberts, and Shanks
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Mac Cummins, Associate Planner
Alexander Abbe, Assistant City Attorney
Absent: None.
AGENDA APPROVAL
Mr. Abbe noted that one of the members would have to abstain from voting on the
approval of the minutes of July 16, 2004. He recommended removing this item from the
Consent Calendar.
MOTION by Shanks; SECOND by Deaton to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Ladner, Roberts, and Shanks
None
None
ORAl:: COMMUNICATIONS
Chairperson Sharp opened oral communications.
1 These Minutes were transcribed from audiotape of the meeting
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of July 21, 2004
Councilman Ray Ybaben stated that he wished to personally thank Henry Eagar for his
service as a Planning Commissioner for District 4, College Park East (CPE). He also
congratulated Gary Roberts, the newly appointed Planning Commissioner for Distnct 4.
Ms. Ellen Larson, a resident of Leisure World, stated that she is the Chairperson of the
LW Ad Hoc Committee for completion of the project on Westminster Avenue. She
asked that the Planning Commission (PC) consider covering the drainage ditch and
converting this area to a walkway or sidewalk for use by pedestrians and bicyclists. She
indicated that in the past there have been two traffic accidents in which the automobile
ended up in the drainage ditch. Ms. Larson noted that this change would improve
safety and enhance the appearance of this area. She ended by stating that LW
residents would appreciate any assistance they could get with this request.
Chairperson Sharp inquired whether the City of Seal Beach has any jurisdiction over
thIs drainage ditch area. Mr. Whittenberg stated that he does not believe so, but he
would talk further about this with Mrs. Larson after tonight's meeting.
There being no one else wishing to speak, Chairperson Sharp closed oral
communications.
RESOLUTIONS OF COMMENDATION
1. Honoring and Commending Henry Eagar for his Dedicated Service as Planning
Commissioner to the City of Seal Beach.
Mr. Whittenberg presented Resolution 04-36 to Commissioner Henry Eagar
commending him for his service on the PC. On behalf of the City, Staff, and the PC ,
Mr. Whittenberg extended appreciation for Mr. Eagar's service and stated that it had
been a pleasure working with him. He also extended thanks to Mrs. Eagar for her
understanding in accepting Mr. Eagar's absences from home when attending PC
meetings twice a month.
MOTION by Shanks; SECOND by Ladner to approve Resolution 04-36 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Ladner, Roberts, and Shanks
None
None
Mr. Eagar stated that as a 14-year resident of Seal Beach, he appreciated having the
opportunity to understand how a city functions. He indicated that the CC members and
Planning Commissioners really do care about the city. He thanked the Commissioners
for the opportunity to serve.
2. Honoring and Commending Mac Cummins for his Dedicated Service as Associate
Planner to the City of Seal Beach.
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City of Seal Beach Planning Commission
Meeting Minutes of July 21, 2004
Mr. Whittenberg presented Resolution 04-37 to Mac Cummins commending him for his
service as Associate Planner for the City of Seal Beach. He stated that over 5 years
ago Mac began working for the City right out of graduate school as an Assistant Planner
and was subsequently promoted to Associate Planner. He said that Mac has accepted
a position as a Senior Planner with the City of Scottsdale, Arizona, beginning August 9,
2004. He extended best wishes from the City, Staff, and the PC for success in his new
endeavor. Mr. Whittenberg then briefly outlined the various projects on which Mr.
Cummins had participated, which included: The Bixby Old Ranch Commercial
Development, Centex Homes, the Shore Shop Redevelopment Project, the Rossmoor
Center Redevelopment Project, the Heron Pointe Project for John Laing Homes, and he
was the Lead Planner for the Boeing Integrated Defense Systems (BIDS) Specific Plan
Project and for the comprehensive update of the City of Seal Beach General Plan and
preparation of the Draft Local Coastal Plan (LCP). Mr. Whittenberg noted that Mr.
Cummins also had the title of Special Projects Manager under which capacity he
prepared the California Coastal Commission (CCC) application for installation of parking
meters on Main Street. The Director of Development Services then stated that it has
been a pleasure working with Mac and he has enjoyed watching his professional
growth. He thanked his wife, Wendy, for allowing Mac to be away from home so many
evenings to attend Council meetings, PC meetings, Environmental Quality Control
Board meetings, and Ad Hoc Parking Advisory Committee meetings.
Chairperson Sharp stated that he would miss working with Mac. He noted that Mac was
usually very accessible and was always very respectful.
Commissioner Shanks stated that all of the Commissioners would miss Mac, as he has
been very helpful and always did an excellent job in presenting the staff reports at each
PC meeting.
Commissioners Ladner and Deaton also wished Mac well and said that Mac had been
very helpful to them and they would miss working with him.
MOTION by Deaton; SECOND by Shanks to approve Resolution 04-37 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Ladner, Roberts, and Shanks
None
None
Mac Cummins stated that it has been an honor and a pleasure to work for the citizens of
Seal Beach, for City Council (CC), and for the PC. He noted that he believes that the
single most significant thing that tends to galvanize communities and get people excited
or upset about a city's image is the built environment, and the PC has the greatest
responsibility in helping advise CC on what that built environment should be. He stated
that this PC has taken great care and provided valuable input in approving building
projects. He then stated that after working with Mr. Whittenberg for over 5 years, there
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City of Seal Beach Planning Commission
Meeting Minutes of July 21, 2004
is no question that there is no finer Planning Director in the State of California, and it
has truly been an honor and a pleasure working with him.
CONSENT CALENDAR
4. RECEIVE AND FILE INFORMATION REPORTS RE: Religious Land Use and
Institutionalized Persons Act (RLUIPA) & Variance Findings.
5. RECEIVE AND FILE INFORMATION REPORTS RE: Religious Land Use and
Institutionalized Persons Act (RLUIPA) Inverse Condemnation & Adult Business
Licensing.
MOTION by Shanks; SECOND by Ladner to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Ladner, Roberts, and Shanks
None
None
3. Approve Planning Commission Meeting Minutes of June 16, 2004.
MOTION by Deaton; SECOND by Shanks to approve the Meeting Minutes of June 16,
2004 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Sharp, Deaton, Ladner, and Shanks
None
None
Roberts
SCHEDULED MATTERS
6. Minor Plan Review 04-7
105 Surf Place
Applicant/Owner: Thomas & Cynthia Dutton
Request: To construct an approximately 6-foot tall waterfall and water
slide structure within the required rear yard setback area.
Recommendation: Pleasure of the Planning Commission.
Staff Reoort
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of July 21, 2004
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planmng Department.) He provided some background information on this item and
noted that Minor Plan Review 04-7 appears under "Scheduled Matters" because there
are design aspects for this project that are slightly different than anything the PC has
previously reviewed. He stated that the applicant proposes to construct a large, 6-foot
rock formation and water slide He said that in the past the PC has approved several
solid-built structures as tall or taller than 6 feet, which is the maximum height for a
fence. He then noted that the unique aspect of this project is that the proposed
waterslide is to be 6 feet tall, with a stairwell that goes up 6 feet higher than natural
grade, allowing someone at the top of the stairwell to look over an adjoining fence. He
explained that the slide faces a State Lands open lot that lies to the north of the property
and does not face a neighboring home. He stated that Staff makes no
recommendation, but will leave this matter to the pleasure of the PC.
Commissioner Questions
Chairperson Sharp asked whether the waterfall slide would be in operation 24-hour a
day, and if so, how close is it and how much noise would this generate for neighbors.
Mr. Cummins stated that the applicant could probably respond to this question. He
indicated that although the Commission could place a condition restricting the hours of
operation on the approval of this application, because this is a residential area, it might
be difficult for future Staff to enforce. Chairperson Sharp asked if Staff knew how close
the waterfall would be to the nearest residence. Mr. Cummins stated that it is
approximately 4-5 feet from the property line of the neighboring residential lot; however,
the plans do not show a house, making it difficult to determine how close the waterfall
would be.
Commissioner Shanks noted that he lives approximately 250 feet from 105 Surf Place,
and Mr. Dutton had presented a copy of the plans to him. Mr. Abbe interjected that
given Commissioner Shanks lives within a 500-foot radius of the property, he
recommended that Commissioner Shanks abstain from voting on this item.
Commissioner Shanks stated that he thought this was only necessary for a 100-foot
radius and for public hearings. Mr. Abbe stated that the law has changed to a 500-foot
radius for all items. He said that although Commissioner Shanks' personal opinion
might not be affected by the proximity of his home, the law still requires that if he lives
within a 500-foot radius, Commissioner Shanks should abstain, and even leave the dais
during any remaining discussion on this item.
Commissioner Deaton inquired whether Commissioner Shanks could make public
testimony. Mr. Abbe recommended that Commissioner Shanks not comment.
CommIssioner Deaton noted that if Commissioner Shanks is the only neighboring
resident present tonight to discuss this item, how would the PC have any idea what the
neighborhood is thinking. Mr. Abbe stated that the exception noted by Commissioner
Deaton does allow someone to speak if they have a "personal interest" in the item, so if
you are the applicant on an item, then you can speak; however, he recommended that
Commissioner Shanks not speak in this case.
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City of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of July 21, 2004
Commissioner Shanks indicated he has a conflict and left the Council Chamber.
Mr. Whittenberg interjected that the PC does have a letter from the owner of the
property at 115 Surf Place indicating that they have no objections to the proposed use
and recommend approval.
Commissioner Deaton asked if communication from the other neighbor was received.
Mr. Whittenberg indicated that none had been received.
Chairperson Sharp asked that the applicant approach the podium to respond to
questions from the PC. Mr. Tom Dutton, the applicant, stated that he is a 20-year
resident and he congratulated the PC on the environment created in Seal Beach. He
said the rear of his property backs up to the Hellman Ranch property and the waterfall
structure is in conjunction with a pool. He stated that his neighbor at 115 Surf Place
also has a pool with a waterfall, and they can see into each other's back yards because
they both have 2-story homes. He said the waterfall would run the time that the pool
filter is operating, which is approximately 4-5 daylight hours. Chairperson Sharp asked
approximately how close the waterfall is to the neighbors home. Mr. Dutton stated that
it is approximately 20 feet from the neighboring home.
Commissioner Roberts stated that it appeared that great effort was put into the
landscaping and asked if the potential problem of noise from the waterfall could be
mitigated with landscaping. Mr. Dutton indicated that many residents in the City are
improving their properties and he had employed a landscape designer who designed
the foliage to go the way the afternoon winds blow and planned the design to mitigate
the neighbors' view of Mr. Dutton's pool area. He also noted that the rear yard elevation
at 105 Surf Place is approximately 2.5 feet lower than the surrounding elevation.
Mr. Whittenberg explained that in anticipation of receiving discussion on this item, Staff
had not yet prepared a resolution for MPR 04-7. He said that if the PC intends to
approve the plan as submitted, Staff will return at the next scheduled meeting with a
resolution reflecting this. Commissioner Deaton stated she would like to approve as
submitted and she believes that the surrounding neighbors would determine the
guidance for future applications of this type. Mr. Whittenberg added that the City Zoning
Ordinance does automatically require that pool equipment be a certain distance away
from neighboring homes.
MOTION by Deaton; SECOND by Ladner to continue adoption of Resolution 04-35 for
Minor Plan Review 04-7 to the next scheduled meeting of August 18, 2004.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Sharp, Deaton, Ladner, and Roberts
None
None
Shanks
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City of Seal Beach Planning Commission
Me-etmg Mmutes of July 21, 2004
Mr. Whittenberg advised that Staff would prepare a resolution for adoption at the next
scheduled meeting and this approval begins a 10-day calendar appeal period to the City
Council.
Commissioner Shanks returned to the meeting.
PUBLIC HEARINGS
7. Conditional Use Permit 01-14 (Indefinite Extension)
12420 Seal Beach Blvd. (Daphne's Greek Cafe)
Applicant/Owner:
Request:
Carl Garlick! George Katakalidis
To continue to serve beer and wine for on sale consumption
and to have approximately 16 outdoor seats at the existing
restaurant.
Recommendation:
Approval subject to conditions and adoption of Resolution
04-21
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 Staff has completed a study on whether or not Daphne's has been in
compliance with all of the original Conditions of Approval as approved in 2001. He said
that Staff found that there are several conditions with which Daphne's has not complied
and Staff recommends that the PC not approve an Indefinite Extension but impose a
6-month extension to allow the applicant an opportunity to bring everything into
compliance with Conditional Use Permit 01-14. He noted that the following conditions
of approval have not been met:
1. Applicant must maintain a minimum 5-foot clear space between any outside dining
tables and columns or any curb base. This prevents any foot traffic pedestrian
problems in getting in and around tables
Mr. Cummins stated that when this approval was granted the Old Town Center was still
under construction and the actual design of the patio was conceptual. He said that at
the time the sidewalk area was completed, the individual landowner decided to put in a
landscape buffer between the side of the Daphne's building and the curb base. He
indicated that Staff had contacted the owners of Daphne's at that time to advise them
that this would create a potential problem with the proposed outdoor dining area, as the .
landscape buffer would prevent having any table space on that side of the building and
still maintain the 5-foot separation between tables, but the owner of Daphne's still
proceeded to place tables outside. He stated that if the PC chooses to adopt a
resolution with this condition it would be impossible for the owner to meet this seating
separation standard.
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CIty of Seal Beach Planning CommIssIon
Meeting Minutes of July 21, 2004
2. The applicant will provide a minimum 42-inch high guardrail.
Mr. Cummins stated that although this is a standard condition for any outdoor dining
area where alcohol is served, Daphne's has not yet installed this guardrail. He not~d
that RubIO'S, which also serves alcohol, has installed a guardrail.
3. The applicant will display the Conditions of Approval in an area of the restaurant.
The Associate Planner noted that this is a standard condition to allow patrons to view
the Conditions of Approval. He said that Staff has verified that this condition has not
been met. He added that Staff has received no complaints related to Daphne's. He
said that Staff is recommending that the PC consider adopting a resolution granting the
applicant a 6-month extension to be in compliance with all of the Conditions of Approval.
Commissioner Questions
Chairperson Sharp asked how long Daphne's has been out of compliance. Mr.
Cummins stated that it has been close to 3 years from the original approval of CUP 01-
14. Chairperson Sharp asked if the Alcohol & Beverage Control (ABC) license could be
suspended until Daphne's is in compliance. Mr. Cummins stated that the PC can
revoke the CUP, which is required by the City for provision of alcohol service, and if the
CUP were revoked then ABC would also revoke the alcohol license. Chairperson Sharp
stated that he is tired of people attesting that they agree with and will meet the
conditions of approval and 3 years later they are still out of compliance.
Commissioner Ladner stated he is in agreement with Chairperson Sharp. He
recommended revoking CUP 01-14.
Public Hearina
Chairperson Sharp opened the public hearing.
There being no one wishing to speak, Chairperson Sharp closed the public hearing.
Commissioner Comments
Commissioner Deaton recommended continuing this item to allow Staff to contact
Daphne's to convey the options for retaining their CUP. Mr. Whittenberg recommended
that this item be continued for no more than one month. Commissioner Deaton
suggested continuing to the next meeting so that Staff may interface with representative
of Daphne's to make them aware of the need to comply with the conditions of approval
as originally approved, and that CUP 01-14 would be revoked if these conditions are not
met.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of July 21, 2004
Commissioner Ladner stated that Daphne's has already had 3 years to be in
compliance, and they have done nothing. He recommended that they be given 30 days
to bring everything into compliance or CUP 01-14 will be revoked.
Commissioner Shanks stated that by not being present tonight Daphne's is essentially
"thumbing their nose at the City and its rules."
Commissioner Deaton stated that she would like to move that Conditional Use Permit
01-14 be continued to the next scheduled PC meeting to allow Staff to review the
Conditions of Approval with the applicant and discuss the ability to comply.
Chairperson Sharp asked Mr. Abbe if this would be acceptable. Mr. Abbe said that thIs
was acceptable and he recommended re-opening the public hearing to eliminate the
need to re-notice this item.
MOTION by Deaton; SECOND by Shanks to re-open the public hearing for Conditional
Use Permit 01-14 (Indefinite Extension).
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Ladner, Roberts, and Shanks
None
None
Commissioner Roberts stated that although he agrees with everything that has been
said, he believes the conditions on the easterly side of Daphne's are unrealistic. He
said he doesn't think there should be any table seating on that side at all as they would
not be able to meet the 5-foot separation standard. He recommended that Staff's
discussion with the applicant include the elimination of outdoor seating.
MOTION by Deaton; SECOND by Shanks to continue Conditional Use Permit 01-14
(Indefinite Extension) to the next scheduled Planning Commission meeting to allow Staff
to review the Conditions of Approval with the applicant and discuss the ability to comply.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Sharp, Deaton, Roberts, and Shanks
Ladner
None
8. Conditional Use Permit 02-7 (Indefinite Extension)
12800 Seal Beach Blvd. (Hot Off the Grill)
Applicant/Owner:
Request:
George Stavros I Brad Becker
To continue to have approximately 32 seats at the existing
restaurant.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of July 21, 2004
Recommendation: Approval subject to conditions and adoption of Resolution
04-34.
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 applicant wishes to maintain the 32 outdoor seats in the same
configuration as originally approved. He noted that Hot Off The Grill serves no alcohol.
He stated that Staff has received no complaints regarding this operation and is
recommending approval subject to conditions.
Commissioner Questions
None.
Public Hearina
Chairperson Sharp opened the public hearing.
There being no one wishing to speak, Chairperson Sharp closed the public hearing.
MOTION by Deaton; SECOND by Ladner to approve Conditional Use Permit 02-7
(Indefinite Extension) subject to conditions and adopt Resolution 04-34 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Ladner, Roberts, and Shanks
None
None
Mr. Abbe advised that the adoption of Resolution No. 04-34 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
9. Site Plan Review 03-1 (Indefinite Extension)
12850 Seal Beach Blvd. (Country Suites by Ayes)
Applicant/Owner:
Request:
The Ayres Group I Seal Beach Hotel LP
To continue to operate rental car agency on property
previously developed for a hotel located at the southeast
corner of Lampson Avenue and Seal Beach Boulevard.
Recommendation.
Pleasure of the Planning Commission
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CIty of Seal Beach Plannmg Commission
Meetmg Mmutes of July 21, 2004
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
stated that when Staff became aware that Enterprise Car Rental had applied for a
business license they had notified Enterprise that since the original Bixby Site Plan
approvals and entitlements had not contemplated a rental car agency nor considered
how this would affect the parking arrangements, a Site Plan Review (SPR) would be
required. He noted that Staff was concerned with the number of unrented cars that
might be parked in the hotel parking lot at any given time, and whether this would limit
the number of parking spaces available for hotel guests. He said that Enterprise did
apply for the SPR, which was subsequently approved by the PC subject to a series of
conditions; the most prominent one being that no more than two unrented vehicles
could be parked in the Ayres Hotel parking lot and any time. He indicated that at that
time Staff had emphasized that it would be difficult to know which parked cars were the
rental cars. He said that the PC had discussed this issue and determined that should
this become a problem Staff would begin to receive complaints. Mr. Cummins noted
that Staff has received no complaints at all; however, Staff cannot confirm for a fact that
only 2 rental cars are parked in the hotel parking lot at anyone time. He said that Staff
recommends approval subject to the same conditions.
Commissioner Questions
Chairperson Sharp stated that as he recalled during discussion of this item, the
Commission had determined that should the parking of the rental cars become a
problem, the hotel management would be the first to notify the City of this problem.
Public Hearina
Chairperson Sharp opened the public hearing.
There being no one wishing to speak, Chairperson Sharp closed the public hearing.
MOTION by Shanks; SECOND by Ladner to approve Site Plan Review 03-1 (Indefinite
Extension) subject to conditions and adopt Resolution 04-33 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Ladner, Roberts, and Shanks
None
None
Mr. Abbe advised that the adoption of Resolution No. 04-33 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
Chairperson Sharp introduced Ms. Shirley Jones, Chairperson of the Golden Rain
Foundation for Leisure World. Ms. Jones asked if there were any means besides the
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CIty of Seal Beach Planning CommIssIon
Meetmg Mmutes of July 21, 2004
newspaper of receiving agenda information before the public hearing. Chairperson
Sharp noted that the agenda packet is always available at the Leisure World Library.
Mr. Whittenberg interjected that all agendas for CC, PC and any other boards and
commissions for the city are available at City Hall on the Friday before each meeting the
following week, and CC and PC agendas are provided to each of the libraries.
STAFF CONCERNS
Mr. Whittenberg noted that the flyers for the 2004 Planning Official's Forum have been
distributed to each of the Commissioners. He indicated that funds are available for
those Commissioners interested in attending.
He then distributed a copy of an article from the August 2004 issue of Sunset Magazine,
which describes the 20 best coast locations in Orange County, with the first one being
the Main Street area and the second one a restaurant In Seal Beach. He noted that
they have been ranked in order by geography, starting with the north county boundary
and working toward the south county boundary.
Lastly, Mr. Whittenberg wished Mr. Cummins and his family well with their future in
Scottsdale, Arizona.
Mr. Cummins reported that Staff had visited Javatini's and they are now In compliance
with all maximum seating restrictions.
COMMISSION CONCERNS
Commissioner Deaton welcomed Gary Roberts to the PC and stated that she is looking
forward to working with him.
Commissioner Shanks reported for residents of The Hill that he has had four water
hoses eaten by a coyote that apparently is looking for water. He indicated that this
might be connected with all of the recent postings about missing cats and dogs.
Commissioner Shanks then inquired if there is some kind of checklist contractors or
developers, which outlines all requirements for building projects. He noted that many
times contractors don't know that their project requires a Conditional Use Permit (CUP)
until they are close to having the final inspection. Mr. Whittenberg stated that there is
no written checklist, but every project that comes in generally comes first to the
Planning Department to ensure that if a discretionary approval process is required, the
applicant can be informed of this from the beginning.
Chairperson Sharp requested an update on the Boeing Integrated Defense Systems
(BIDS) Project. Mr. Whittenberg reported that the project has been approved by the
City and has been submitted to the California Coastal Commission (CCC) with a
proposed hearing date in mid-August. Chairperson Sharp asked if there had been any
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CIty of Seal Beach Planning CommIssIon
Meeting Minutes of July 21, 2004
determinations made on the hotel project. Mr. Whittenberg stated that he had no
information on this.
Chairperson Sharp inquired about a startup date for the Carl's Jr. Restaurant to be
constructed in the Leisure World Shopping Center. Mr. Cummins stated that the
owners of the shopping center are preparing for a public hearing before the PC for a
parcel map to subdivide the land. He said that they are very close to getting a building
permit for the restaurant, which can be constructed with or without subdividing the land.
He projected that the construction should commence at the end of 2004 or early 2005.
Chairperson Sharp asked if the lot could be subdivided just for the restaurant or would it
have to be subdivided to include required parking. Mr. Cummins stated that the parcel
does contain a number of parking stalls, primarily because of the configuration of the
drive-thru as conditioned by the PC , but the City does allow for reciprocal parking
agreements between all parcel owners.
Commissioner Ladner asked whether the entire parking lot is to be resurfaced. Mr.
Cummins stated that the City Engineers are still working on these conditions.
Commissioner Ladner stated that the lot is pretty bad and there are many people who
stop or park in the red zones in front of the buildings.
ADJOURNMENT
Chairperson Sharp adjourned the meeting at 8:37 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Se ry
Planning Department
APPROVAL
The Commission on August 18, 2004, approved the Minutes of the Planning
Commission Meeting of Wednesday, July 21, 2004. C'.b...- .
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