HomeMy WebLinkAboutPC Min 2004-05-05
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for May 5,2004
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 Cummms, AICP, 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
Fnday 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 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 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
l:I 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 Planmng Commission · Agenda of May 5, 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 Planmng 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 commumcations on this date, unless
agend ized.
PUBLIC HEARING ITEMS. Public Hearings allow citizens the opportunity to speak in
favor of or against agendlzed 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 Planmng
CommiSSion and the public.
COMMISSION CONCERNS: Items of concern are presented by the Planning
Commissioners and discussed with staff.
All Droceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for May 5, 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
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 Planmng Commission Meeting Minutes of Apnl 21, 2004.
2. RECEIVE AND FILE: Provision of AB1970 Presentation Materials
VI SCHEDULED MATTERS
3. Adopt Resolution 04-16 - Denial Of Zone Text Amendment 04-2 To Reduce
Zide Yard Setbacks On Side Yards That Abut Streets In The RLD Zone To
10% Of Lot Width.
VII PUBLIC HEARINGS
4. Conditional Use Permit 99-3 (Indeflmte Extension)
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City of Seal Beach Planning Commission · Agenda of May 5, 2004
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140 Main Street (O'Malley's On Main)
Applicant/Owner:
Request.
Recommendation:
Brian Kyle
To continue to operate an approximate 300-square
foot outdoor dining patio area at an existing
restaurant. The ability to serve alcohol inside the
restaurant is not a part of this request and is already
approved subject to other City entitlements.
Approval subject to conditions and adoption of
Resolution 04-28
5. Conditional Use Permit 99-5 (Indefinite Extension)
12490 Seal Beach Blvd (Sav-On Drug)
Applicant/Owner:
Request'
Recommendation
Eric Hull for Sav-On / Levine Investments
To continue to sell beer, wine and distilled spirits for
off premises consumption.
Approval subject to conditions and adoption of
Resolution 04-22
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6. Conditional Use Permit 01-13 (Indefinite Extension)
12430 Seal Beach Blvd. (Starbucks Coffee)
Applicant/Owner:
Request:
Recommendation:
Tam Lao, TI Planning / Levine Investments
To continue to operate a coffee house with outdoor
seating.
Approval subject to conditions and adoption of
Resolution 04-27
7. Conditional Use Permit 02-1 (Indefinite Extension)
347 Main Street (Coffee Bean & Tea Leaf)
Applicant/Owner:
Request:
Recommendation
Paul Goldman / United Sports Agency
To continue to operate a coffee/dessert house that is
greater than 1,000 square feet and to have outdoor
seating uSing approximately 57 -sqaure feet along
Main Street
Approval subject to conditions and adoption of
Resolution 04-26
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8. Conditional Use Permit 02-2 (Indefinite Extension)
12380 Seal Beach Blvd. (Macaroni Grill)
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City of Seal Beach Planmng Commission · Agenda of May 5, 2004
Applicant/Owner'
Request:
Robert Montgomery I Levine Investments
To continue to permit the on-premise sale and
consumption of alcoholic beverages (General Liquor
License)
Recommendation: Approval subject to conditions and adoption of
Resolution 04-25 '
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
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City of Seal Beach Plannmg Commission · Agenda of May 5, 2004
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2004 Aaenda Forecast
May 19
CUP 01-14 Indefinite Extension -12420 Seal Beach Blvd (Daphne's)
MPR 04-5 - 1611 Island View
Jun 09
Jun 23
Jul07
Jul 21
Aug 04
Aug 18
Sep 08
Sep 22
Oct 06
. Oct 20
Noy 03
Noy 17
Dee 08
Dee 22
TO BE SCHEDULED:
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Study Session:
Permitted Uses & Development Standards in Commercial Zones
(5/6/98)
Undergrounding of Utilities
ADA Handicapped-Accessible Restrooms
Parking Issues in Old Town
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Staff Report:
Study Session:
Study Session'
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of May 5, 2004
Chairperson Sharp called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, May 5, 2004. 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, Eagar, Ladner, and Shanks
Also
Present: Deoartment of Develooment Services
Mac Cummins, Associate Planner
Alexander Abbe, Assistant City Attorney
Absent: Lee Whittenberg, Director of Development Services
AGENDA APPROVAL
Commissioner Shanks requested that Item No. 1 be removed from the Consent
Calendar for separate action.
MOTION by Deaton; SECOND by Ladner to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
ORAL COMMUNICATIONS
Chairperson Sharp indicated that because the Planning Commission has no jurisdiction
over the coming election, he instructed the public that no public comment regarding the
election would be taken at this time. Chairperson Sharp then opened oral
communications.
There being no one wishing to speak, Chairperson Sharp closed oral communications.
1 These Minutes were transcribed from audiotape of the meeting
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CONSENT CALENDAR
CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of May 5, 2004
2. RECEIVE AND FILE. Provision of AB1970 Presentation Materials
MOTION by Eagar; SECOND by Deaton to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
1. Approve Planning Commission Meeting Minutes of April 21 ,2004.
Chairperson Sharp noted that Commissioners Ladner and Shanks would abstain from
voting on this item, as they were not present at the meeting of April 21, 2004.
MOTION by Deaton; SECOND by Eagar to approve the Meeting Minutes of April 21,
2004 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
SCHEDULED MATTERS
3-0-2
Sharp, Deaton and Eagar
None
None
Ladner, and Shanks
3. Adopt Resolution 04-16 - Denial Of Zone Text Amendment 04-2 To Reduce Side
Yard Setbacks On Side Yards That Abut Streets In The RLD Zone To 10% Of Lot
Width.
MOTION by Deaton; SECOND by Ladner to deny Zone Text Amendment 04-2 and
adopt Resolution 04-16 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of May 5, 2004
PUBLIC HEARINGS
4. Conditional Use Permit 99-3 (Indefinite Extension)
140 Main Street (O'Malley's On Main)
Applicant/Owner:
Request:
Brian Kyle
To continue to operate an approximate 300-square foot
outdoor dining patio area at an existing restaurant The
ability to serve alcohol inside the restaurant IS not a part of
this request and is already approved subject to other City
entitlements
Recommendation:
Approval subject to conditions and adoption of Resolution
04-28
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 ability to operate as a restaurant and as an alcohol-serving establishment
is pre-empted by a previous Conditional Use Permit (CUP) approved dUring the mid
1980s. He stated that the 300-square foot patio is located in the center of the property
with the only access from the inside of the restaurant area. He noted that there are two
issues that Staff wished to bring to the attention of the Planning Commission (PC):
parking and a condition for installation of a grease trap that Staff has learned was never
met. He explained that the issue of parking was discussed during the 1999 hearing
process regarding how the applicant was to provide additional parking for the expanded
use of the restaurant. Mr. Cummins stated that at the time of the original approval, the
restaurant area was deemed to be in compliance with City parking codes through a
combination of approvals prior to that point granted through a Variance, grandfathered
parking, and in-lieu parking spaces. He said that the expansion of the restaurant by the
300 square foot patio created the need for additional parking. He stated that City Code
requires 1 parking space for each 100 square feet, creating the requirement for
O'Malley's for 3 additional parking spaces. He said that at that time the applicant had
proposed using in-lieu parking as a means for providing this parking; however, the PC
at that time determined that this would not be an acceptable method. He explained that
the PC does not have the authority to impose in-lieu parking. He noted that the
Municipal Code does grant this authority to the Director of Development Services. He
indicated that at that time the PC was to approve a use permit tied to the use of the
outdoor patio and some mechanism to provide the required parking to allow the PC to
make an approval was necessary The Associate Planner stated that the PC had
determined that it would prefer to see physical parking provided for and attached a
condition requiring signed parking to be provided in adjacent properties for the 3 spaces
needed. He said that the applicant had leased two spaces at 130 Main Street and one
space at 127-129 Main Street He noted that copies of these leases have been
provided to the CommiSSioners for review as well as copies of the covenants recorded
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of May 5, 2004
against these properties, requiring that these spaces always be used for the subject
business. He stated that Staff has drafted the conditions of approval to remain as is so
that these leases remain in place. He said that if the PC wished to go with in-lieu
parking at this point, this could be done and Staff could draft a condition stating that the
applicant would pay into the in-lieu parking program and be bound by the restrictions as
set forth in the ordinance. Mr. Cummins stated that it is his understanding that it is the
applicant's desire to participate in this program. He Indicated that Staff would leave this
to the pleasure of the PC. He noted for the record that many times it becomes difficult
to track down all of these leases over time, and future Staffing transitions would make
these documents even more difficult to track.
Mr. Cummins then stated that in 1999 one of the conditions of approval was that a
grease trap be installed at the restaurant within 24 months of the approval of CUP 99-3.
He reported that to date this has not yet taken place. He said that the City Engineer is
currently drafting an ordinance that would require all food establishments to install
grease Interceptors, and Staff proposes that the PC impose the condition that requires
the applicant to participate in this program at such time as the ordinance is adopted. He
said that Staff anticipates the ordinance will be adopted before the end of the calendar
year.
The Associate Planner then noted that copies of a series of letters received by Staff
stating their opposition or support of the indefinite extension of CUP 99-3 are provided
to the Commissioners for review. (Copies of these letters are on file for inspection in
the Planning Department) He reported that letters were received from Maury J. Nipp
and Michelle M. Nipp stating their opposition to the extension of CUP 99-3 due to late
night noise and effects from the patro, and letters were also received from the owners of
Main Street Square, Jolene King at 142-C Main Street, and John Fox at 134-A Main
Street, all speaking in support of this application. Mr. Cummins stated that Staff is
recommending approval subject to conditions.
Commissioner Questions
Chairperson Sharp asked what the report was from the Seal Beach Police Department
(SBPD). Mr. Cummins stated that the SBPD report states that in their opinion there has
been no extraordinary demand for law enforcement at 140 Main Street. He said that
Staff reviewed a log of every call made to this address over the past 2 years, which
totaled between 15-17 calls each year, none of which were specifically attributable to
the patio area. He indicated that a number of calls were received related to intoxicated
individuals in the alley behind the restaurant or out on the front sidewalk.
Commissioner Deaton asked if Mr. Cummins had compiled a list of the times and days
of the week that these incidents had occurred. Mr. Cummins stated that he has the list,
but it is not broken down by time of day. He noted that he could complete this review
while the public hearing is in process.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of May 5, 2004
Commissioner Ladner stated that according to one of the letters In opposition, the wnter
states that it is difficult for residents to be able to work or go to school due to interrupted
sleep from the noise. He said he would also like to see a breakdown of the days and
times of these incidents. Mr Cummins stated that he could provide the total number of
times that SBPD was called to the site and the dates, but he could not say that any call
was related to the patio, which is the subject of tonight's hearing. Commissioner Ladner
asked how long the patio had been open. Mr. Cummins reported that it has been open
since late 1999 - early 2000. Commissioner Ladner stated that this has been
approximately 4 % years and he asked why they were given a license if they had not
complied with the installation of the grease trap. Mr. Cummins stated that in 1998
O'Malley's completed a remodel of their kitchen and at that time there were different
codes and restnctions relating to restaurant operation. Commissioner Ladner confirmed
that the 1999 approval was conditioned with the requirement of the grease trap. Mr.
Cummins stated that the previous CUP for operation of the restaurant had no such
restnction. Commissioner Ladner confirmed that if the extension of CUP 99-3 were
approved, the Installation of the grease trap would have to take place within the next 12
months or so Mr. Cummins stated that Staff is recommending that the PC attach the
draft condition reqUiring O'Malley's to be a part of the ordinance. Commissioner Ladner
asked if the restaurant would be shut down if O'Malley's does not comply with this
ordinance. Mr. Cummins stated some of the older restaurants in town are so large that
they cannot provide the actual grease interceptor, but the ordinance will include a
provision for a fee program to be set up for these situations. He emphasized that the
fees would probably be substantial making it more financially Viable for restaurant
owners to have the grease interceptor installed. Commissioner Ladner asked if this
would be an annual fee or just a one-time charge. Mr. Cummins stated that most likely
it would be an annual fee.
Commissioner Shanks noted that the lease for the parking spaces expired after one
year, which means that there has been no contract for these 3 parking spaces since
then. Mr. Cummins confirmed that this was correct and stated that the applicant stated
that he believed the contract was to run in perpetuity, but as the City Attorney and Staff
review the contract, it is the opinion that the contract expired at the end of one year, and
would need to be renewed. He noted that Staff has prepared draft language calling for
this contract to be automatically renewed each year in perpetuity and stating that the
applicant must provide the City 60 days notice before terminating the lease.
Commissioner Shanks asked if the City would sign off on this contract. Mr. Cummins
stated that the terms of the contract state that the contract will automatically renew each
year, with a separate provision that requires the applicant or the property owner from
which he IS leasing the parking to notify the City within 60 days of the pending
termination of the lease, otherwise they are in default of the contract. Commissioner
Shanks then asked if during the 1999 approval process any discussion was conducted
regarding using the patio for dining only and not allowing rental of the patio for parties.
Mr. Cummins stated that he does not recall thiS specific discussion as part of the public
heanng. Commissioner Shanks stated that it would appear that one of the problems
with noise IS when private parties are held in the patio, and he could see how impOSing
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of May 5, 2004
this restriction could cut down on excessive noise, as parties can get nOIsier than just
having diners in the patio.
Commissioner Deaton asked if the grease trap is a relatively new requirement. Mr.
Cummins stated that the requirement for all restaurants to provide one would be new.
Commissioner Deaton asked if this were a state requirement. Mr. Cummins said that
this requirement comes from the Regional Water Quality Control Board (RWQCB) via
the County of Orange. Commissioner Deaton said that she had spoken to both Celeste
Byrd and to Brian Kyle.
Mr. Abbe asked that Commissioner Deaton bnefly address what the content of these
discussions was.
Commissioner Deaton stated that her conversation with Celeste Byrd was that there
was a lot of noise coming from the patio and the conversation with Brian Kyle was
asking him about the noise emanating from the patio and what kind of remedies he
could provide to be a good neighbor.
Mr. Abbe clarified that the potential for conditioning the Installation of the grease trap on
a future ordinance would be entirely up to the legislative body, and it is the pleasure of
the Commission to wait and let an ordinance dictate what the grease trap situation
would be. He stated that because the ordinance might not happen, the PC might Wish
to incorporate a condition that would state:
"In the event no ordinance is adopted within _ months, the applicant
would be responsible for installation of the grease trap or payment of in-
lieu fees. 11
Commissioner Ladner asked if eventually O'Malley's would have to install a grease trap.
Mr. Cummins stated that the recommendation of Staff would be attach a condition that
requires the applicant to be a part of a future City ordinance relating to grease traps,
and include a clause that states that in the event that such an ordinance IS not adopted
within a specific period of time, the applicant will be responsible for installation of a
grease interceptor. Commissioner Ladner commented that when someone opens a
restaurant in town they should be required to install a grease interceptor pnor to being
given a license to operate. Mr. Cummins noted that in this case the kitchen was
preexisting.
Public Hearina
Chairperson Sharp opened the public hearing.
Mr. Brian Kyle stated that when O'Malley's opened in November of 1998, the new
kitchen had just been completed and at that time there was no requirement for the
grease trap. He said that during the approval process for the patio the Director of
Development Services had requested that Mr. Kyle install a grease trap. Mr Kyle had
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of May 5, 2004
inquired about the cost and Mr. Whittenberg had provided a cost range of $3,000 -
$7,000. He said that Mr. Whittenberg had given Mr. Kyle 12-24 months to have the
grease trap Installed, but upon looking into the actual cost it came to approximately
$20,000. He then noted that the City Building Inspector, Mr. Chuck Feenstra, had
inspected the site and stated that because of the location of the kitchen it would not be
possible to install the grease trap without tearing out the entire kitchen. He said he has
no problem with having to install a grease interceptor, however, it turned out that it was
not feasible to do so. Mr. Kyle then noted that with regard to parking, O'Malley's does
have the spaces and on Page 2 of January 2000 the contract states:
'The term shall be for one year commencing on the effective date of this
agreement, unless sooner terminated as hereby provided. Unless either
party gives written notice to the City of Seal Beach at least 90 days prior to
the scheduled expiration date, the terms shall automatically be extended
from year to year and all terms of this agreement."
He said there was no financial agreement between the parties, but thiS was simply a
neighborly exchange. He stated that he has received no notice of termination of this
agreement. Mr. Kyle stated that he had spoken with Chief Sellers of SBPD on Friday
evening, and Mr. Kyle had Inquired whether SBPD felt there were any problems with the
operation of O'Malley's. He said that Chief Sellers had stated that Mr. Kyle was a good
operator and the only one that closes early at 11 :00 p.m. on St. Patrick's Day. Mr. Kyle
said that he had requested that If there were complaints to SBPD he wished to be
notified. He said that until last Thursday he had received no complaints except from
Ron Molinari who had discussed the noise problem with Mr. Kyle. He noted that many
times when the Navy ships come in members of the crew will congregate in the patio
and O'Malley's staff might have to settle them down a bit if they are too noisy. He said
the problem with the patio is that it is 20-feet high on three sides, with a building outside
before gOing back to the alley and noise just bounces off the walls of these buildings
and down the alley. He indicated that he has hired consultants to evaluate how this
nOise can be mitigated. He stated that the patio has been very beneficial for the City in
terms of tax revenues. He emphasized that O'Malley's tries to be a good neighbor and
a "class act." Mr. Kyle stated that having been born in Seal Beach and raised on 8th
Street he is very aware of these types of noise issues. He said O'Malley's plans to work
with the noise consultants to implement a mitigation plan to prevent noise becoming a
problem for neighboring residents. He emphasized that he is present tonight to listen
and to help address the Issue.
Chairperson Sharp noted that during the Staff Report, Mr. Cummins had stated that Mr.
Kyle wished to participate in the in-lieu parking program. Mr. Kyle stated that in 1984
the City had required 18 parking spaces for O'Malley's and had placed it in the in-lieu
parking program. He said that both the PC and City Council had approved this. He
indicated that when thiS came before the California Coastal Commission (CCC) he was
told that they did not agree with the in-lieu program and had required that he provide
another parking plan. He stated that he paid $50,000 In fees and Instead of 18 spaces
created 30 parking spaces at the City lots on 8th Street and 10th Street, which the CCC
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CIty of Seal Beach Planning CommIssIon
Meeting Minutes of May 5, 2004
was happy to approve. He said that he believes he has provided more than enough
parking and has legitimate leases, but if the PC determines that he should participate in
the in-lieu program, then he will do so.
Commissioner Shanks stated that when driving down the alley behind O'Malley's there
is an old Irish taxi parked behind the building, which does not appear to be moved at
any time. Mr. Kyle stated that it is used for the parade, but is usually parked behind
O'Malley's Commissioner Shanks noted that this taxi is taking up a space that could be
used for employee or customer parking. Mr Kyle stated that he instructs his night shift
employees not to park in the alley. He noted that one of the conditions of approval is
that the patio can stay open until 1 :30 a.m , but after 11 :00 p.m. clients must get their
drinks from the bar as no servers are allowed in the patio to serve drinks. He explained
that servers should be allowed in the patio after 11 :00 p.m to assist in monitoring the
activity. He requested that the PC review this condition for possible revisions. He then
noted the police action at O'Malley's last week had to do with a car that was double-
parked in front of a driveway whose owner was attending a baby shower.
Mr. Brian Warner, a resident of 10th Street, stated that although he does not live on the
alley, he still hears a lot of noise from O'Malley's, In particular in the evenings and on
the weekends. He said that as the evening progresses the volume of the noise
increases. He noted that as a result he had double-paned windows installed in his
home to help alleviate the nOise. He said he is against the indefinite extension of CUP
99-3.
Ms. Laura Ellen Young, a new resident of 10th Street, stated that she is an elementary
school teacher who needs to rise early, but the noise from O'Malley's until 12:00 or 1 :00
a.m. disrupts her sleep. She noted that she had visited O'Malley's patio and observed a
customer drinking beer and smoking at a table that was next to another table with a
family seated and having dinner, which she thought was appalling. She said to receive
approval for this as an outdoor patio IS ludicrous because this is actually a bar that
serves a loud bar crowd late Into the night. She said that the grease trap should be
installed regardless of the cost, and the City should be involved in addressing the noise
issue.
Ms. Celeste Byrd, a resident of 10th Street, stated that she realizes that living in an area
that backs up to an alley can present some Inconveniences, but the outdoor patio goes
beyond the expected inconveniences. She said that almost every night for the past
year her family has been exposed to loud laughter, women's shrieks, group singalongs,
bar songs, etc., until 1 :30 a.m. She stated that she is continually awakened in the
middle of the night by these noises. She said that she has tried to be a good neighbor,
buy her family has a right to have peace and quiet in their home.
Mr. Gary Huebling, a resident of 10th Street, stated that he recently moved back to Seal
Beach and had no Idea that he would be living behind an incredibly loud, raucous,
partying atmosphere until 1'30 - 2 00 a.m. He said that had he known this, he would
not have rented where he has. He stated that on the weekends O'Malley's is a bar with
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nonstop singing, noise, and drunken behavior. He indicated that he expects to put up
with some noise from use of the alley, but there is no call to tolerate the noise from the
restaurant, which is so loud on the weekend that he cannot sleep in his bedroom, but
must sleep in the living room with all doors and windows closed and the radio on to help
mute the noise from O'Malley's.
Ms. Andi Crum, a resident of 10th Street, stated that the bedroom for her two school age
children is right on the alley, and the loud noise and music from O'Malley's goes on until
1 :30 a.m. She said families are not coming in for dinner after 11 :00 p m. She stated
that she had assumed that the police would not respond to complaints about a
restaurant, and since having the police station on the pier, things have improved
slightly. She requested that the PC carefully consider the neighboring residents before
making the determination to approve the indefinite extension of CUP 99-3.
Chairperson Sharp interjected by requesting that Mr. Abbe provide clarification of two of
the conditions of approval; the first being Condition No. 8 regarding the hours of
operation and food service for the patio and states:
'7he hours of the patio use shall be from 7.00 a.m. to 1:30 a.m. with all
food and drink service to the outdoor patio area ceasmg at 11'00 p.m. II
Chairperson Sharp then read Condition No. 17, which states:
'Whenever the outdoor dining area is being utilized for the sale, service, or
consumption of alcoholic beverages, an employee of the restaurant shall
be in attendance. He or she shall maintain continuous supervision at all
times to ensure the outdoor dining area does not create a public nuisance
contrary to public welfare or morals. II
Chairperson Sharp stated that as he read these conditions, it states that there shall be
no service to the outdoor patio after 11'00 p.m. Mr. Abbe concurred. Chairperson
Sharp noted that based upon the public comments although O'Malley's does not have a
server providing service on the patio after 11 :00 p.m., they are allOWing customers to
purchase alcoholic beverages from the bar and take them back out to the patio for
consumption. Mr. Abbe stated that under the terms of the conditions of approval as
drafted, this would be permissible after 11 :00 p.m.; however, under Condition 17 there
would have to be an employee present while customers consume those beverages
served. Chairperson Sharp clarified that there should be no service of any kind after
11 :00 p.m. Mr. Abbe confirmed that his reading of this conditions interprets service
meaning a food or beverage server could not bring someone food or dnnk after 11 :00
p.m. Chairperson Sharp then clarified that if alcohol is being served after 11 :00 p.m. an
attendant must be present in the patio area. Mr. Abbe stated that someone must be In
attendance, which is different from serving food or beverages to customers. He
indicated that this would be In an effort to prevent overly raucous behavior. Chairperson
Sharp noted that Mr. Kyle had stated that an attendant was not allowed out on the patio
after 11'00 p.m Mr. Cummins interjected that there may have been a problem In
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drafting some of the conditions of approval, which are all subject to review by the PC.
He said that if the PC wished to place a restriction on when patrons can have alcoholic
beverages on the patio or require that an attendant be present but allow no service on
the patio after 11 :00 p.m. or allow service until the 1 :30 a.m. closing time, it may do so.
Chairperson Sharp then directed that the public hearing continue. Mr. Abbe added that
if the applicant or any member of the public has additional comments in response to this
discussion, they should be afforded the opportunity to speak.
Mr. Chris Cornatica, a resident of 139 10th Street, stated that for approximately a year
and a half that he has lived at his current residence, he has been awakened almost
every night by the loud noise from O'Malley's. He said that he had registered
complaints with his landlord regarding the noise and in response the landlord had
installed double-paned windows In an effort to mitigate the noise and maintain his
tenants.
Mr. Ron Molinari, the owner of 139 10th Street, stated that he had installed the double-
paned windows in an effort to maintain his tenant occupancy. He said that he has lost
several tenants over the past few years and has lost considerable Income due to a high
turnover of tenants and vacancies as a result of the noise from O'Malley's. He indicated
that he had spoken to the manager and owner of O'Malley's regarding this problem, and
although he considers Mr. Kyle a friend and had spoken in support of approving the
patio when it was initially proposed, he did not realize that it would become a haven for
smokers and late night activity. He urged the PC to impose conditions restricting the
late night use of the patio.
Mr. David Berg, a resident of 10th Street, confirmed that Mr. Molinari does have a high
turnover rate of tenants. He stated that he has also spoken to the manager of
O'Malley's regarding the noise. He said was not aware of the option of placing
restrictions on the use of the patio. Mr. Berg noted that Mr. Kyle was "a great guy" who
operates a nice restaurant, and the patio area is unique and is a nice draw for the
community. He indicated that despite this the noise level is extremely loud at night
making it very difficult to sleep as he lives in the rear part of the complex. He
encouraged the PC to restrict the hours for use of the patio to prevent the nighttime
noise problems.
Mr. Brian Kyle stated that he hears the message conveyed by those members of the
public speaking tonight, but in his defense in the past 5 years, only Mr. Molinari has
spoken to him regarding the noise problem and it was after this that Mr. Kyle contacted
the noise consultants. He said that he has never had anyone else speak to him
personally regarding this problem and when inquiring of the Chief of Police regarding
any problem, he was told that there was none. He compared closing the patio at 9:00
or 11 :00 p.m to closing off the beach at 2:00 on a Sunday afternoon He Indicated that
the patio is the smoking area and this is one of the reasons it was constructed, to
prevent having smokers out on Main Street In front of the restaurant. He asked that he
be given the opportunity to correct the noise problem and stated that no matter the cost,
he would do whatever must be done to help mitigate the noise. He acknowledged that
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he does hear the concerns voiced tOnight and agreed that residents are entitled to
undisturbed sleep. He emphasized that the noise can be controlled. He stated that with
regard to Chairperson Sharp's comments, he agrees that an attendant should be
present on the patio to provide some control of the patrons.
Commissioner Eagar asked what the timeframe for getting the noise under control
would be. Mr. Kyle stated that he sees no problem with a 90-day timeline, possibly
sooner. He indicated that he would instruct management to take tighter control of this
Issue. He said that currently employee parking is not allowed In the rear of the
restaurant other than for the shift manager. He encouraged neighboring residents to
contact him directly and stated that he would be happy to provide his phone number.
Chairperson Sharp asked how many seats are in the patio. Mr. Kyle stated that the
patio seats 18 people Chairperson Sharp how many people the restaurant seats. Mr.
Kyle reported that it seats 175. Chairperson Sharp asked If private parties are
scheduled In the patio. Mr. Kyle stated that the patio is always open. He said that when
someone wishes to use the patio for a party, they are told that the patio will remain open
to other patrons who Wish to smoke. He noted that having smokers out in front of bars
or restaurants on Main Street is a major concern. Commissioner Ladner asked what
the hours of operation are. Mr. Kyle reported that the O'Malley's is open from 7:00 a.m.
to 1 :30 a.m. and on Sundays the restaurant usually closes at midnight. Commissioner
Ladner asked whether Mr. Kyle is on site until 1 :30 a.m. Mr. Kyle stated that he is not
there late at night but he always has a manager on duty and he does have a visual
mOnitor of the restaurant from his home and as does the other owner, but they do not
have an audio mOnitor. Commissioner Eagar asked how far away from the restaurant
Mr Kyle lives. Mr. Kyle stated that he lives on First Street. He noted that for 4 years he
lived on 10th Street behind the alley and he understands that noise can be a problem.
There being no one else wishing to speak, Chairperson Sharp closed the public
hearing.
CommiSSioner Comments
CommiSSioner Deaton asked if the PC wished to condition a sound wall, how could this
be added to the conditions of approval. Mr. Cummins stated creating a condition
recommending a sound wall would be very difficult to do. He said that that if the PC
determines that some type of mitigation is necessary, and in light of the applicant's
assertion that some type of mitigation can be in place within 3 months, Staff would
recommend that a 6-month review penod be assigned to allow for public testimony to
ascertain whether the noise problem has been adequately addressed. Commissioner
Deaton suggested that Mr. Kyle have a nOise analysis done and reviewed by Staff and
that Staff also monitor noise levels from the alley. She stated that she had visited
O'Malley's last evening and sat in the patio for approximately one hour from 9:00 to
10:00 p.m. and the patio was full. She indicated that she had subsequently walked
around outside the restaurant, through the alley, and along 10th Street across the street
on Main Street. She noted that there was a lot of noise along Main Street from people
smoking out on the Sidewalks, and this created a lot of noise throughout Main Street
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and the City parking lot, bouncing off of buildings and down the alley behind O'Malley's.
She continued by stating that she then walked around behind 8th Street and one of the
bars had their back doors open and the musIc was blaring out onto 8th Street. She
noted that there was no noise emanating out of either Hennessey's or O'Malley's. She
agreed that without doubt there IS a noise problem, and it is difficult to get bar owners to
be good neighbors to residents who back up to their establishments. She noted that the
Staff Report does list the maximum noise decibel levels and If O'Malley's is exceeding
these, they are already in violation of CUP 99-3. She recommended that the sound
analysis be required and that City Staff approve this analYSIS prior to proceeding with
any specific mitigation measures. Mr. Cummins noted that development standards and
restrictions would determine whether or not a sound wall could be constructed.
Commissioner Deaton noted that the open end over the fence is where the sound is
going through and thiS is the gap that should be closed. Mr. Cummins stated that this
would depend upon the potential height of the wall that might be required. He
expressed that to the extent that O'Malley's is already in compliance with the City's
Noise Ordinance, he would not be certain how much beyond this would be appropriate
to condition. He noted that although the PC has the right to restrict the hours,
conditioning beyond this or attempting to reduce the noise level below what is mandated
in the City Code might present some difficulties. Commissioner Deaton stated that if
O'Malley's is incompliance with City Code she believes it should not be a problem. She
said that based upon public testimony the problem is the hooping and yelling and
shrieking and drinking songs. She emphaSized that last night there was zero noise on
the alley and every table In the patio was full. She said that mitigation must be done, as
there is a business owner that needs to run a business and residents that need their
sleep. Mr. Cummins stated that If the PC desires to have a sound study done, Staff
recommends leaving the condition in place requiring that the applicant remain bound by
the provisions of the Noise Ordinance and add a subsequent clause reqUiring that a
study be performed to confirm that the applicant is in compliance with City Code.
Commissioner Deaton stated that she would also like to add that a sound wall barrier
needs to be in place in a timely manner and until it is In place the patio be closed from
the time that food and beverage service stops. She said that once the sound wall is in,
the previous operating hours for the patio could resume. She then stated that With
regard to parking, if the California Coastal Commission (CCC) denied the in-lieu parking
program and City Council has already approved the current parking plan she would like
to see it remain as is, until a 60-day notice of termination of any of the leases is
received, at which point Mr. Kyle would be responsible for providing the required
parking.
Commissioner Shanks stated that he has a problem granting an indefinite extension
until the sound barrier problem IS solved. He said that discontinuing patio service at
11 :00 p.m. is to help keep the noise down, as this appears to be a problem. He
commented that he had read that Ireland has outlawed smoking in the pubs, and if
Ireland did It, we could do the same In Seal Beach.
Chairperson Sharp said he does not know how a sound analysis can be done, as the
noise levels would vary depending upon the different groups of patrons. He indicated
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that he has no problem with the parking, but is concerned with the issue of noise. He
noted that some kind of extension or review penod should be provided to allow
O'Malley's to take measures to mitigate noise.
Commissioner Ladner stated that Mr. Kyle has stated that he intends to address the
nOIse problem and the PC should provide a review period to provide him the opportunity
to do this. He recommended a 6-month extension. Mr. Cummins interjected that Staff
has a standard condition requiring a 6-month review period and if the PC so desires this
can be attached to the conditions of approval. He noted that the PC could also modify
any of the conditions of approval.
Commissioner Deaton stated that she wished to add a new condition and asked Mr.
Abbe to provide the text. Mr. Abbe stated that as he understood the discussion, the PC
wished to address 2 different issues: Requiring the sound analysIs and providing noise
mitigation measures. He read the draft of the two conditions as follows:
"Applicant shall obtain a written analysis, which is satisfactory to the Director
of Development Services from a qualified individual on the noise produced by
the use of the patio and the measures necessary to reduce noise levels to
those complying with CIty Code."
Commissioner Shanks noted that doing the noise analysis on a Tuesday afternoon as
opposed to midnight on a Friday or Saturday or on St. Patrick's Day would yield
dramatically different results.
Commissioner Deaton stated that the purpose of the sound analysis is to determine the
most effective type of sound wall that needs to be built. Commissioner Shanks stated
that this is what Mr. Kyle claims to be doing. Commissioner Deaton said that she wants
to add thiS to the conditions of approval to ensure that it is completed. Mr. Cummins
interjected that regarding the sound analysis, even if noise is monitored on a Saturday
night, It would be very difficult to predict that that noise level would be indicative of every
Saturday night. He noted that this is not the same as the results you would get from an
analysis for traffic and other types of nOise related to an Environmental Impact Report
(EIR). He indicated that the sound analysis might also show some type of mitigation
that the development standards for the zone simply do not allow. He noted that
maximum size for a wall anywhere in the City is 6 feet.
Chairperson Sharp requested that Mr. Abbe read the condition text once more. Mr.
Abbe noted that he had also added some text as follows:
"Applicant shall obtain a written analysis, which is satisfactory to the Director
of Development ServIces from a qualified individual satisfactory to the
Director of Development Services on the noise produced by the use of the
patio and the measures necessary to reduce noise levels to those complying
with the City Code. The analysis shall address noise levels at multiple times
on a schedule satisfactory to the Director of Development Services. "
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Chairperson Sharp stated that in the past O'Malley's has complied with the NOIse
Ordinance. Mr. Cummins indicated that he could provide a history of what the police
call out to O'Malley's has been. He said that he could not state that Staff has monitored
the noise outside the restaurant, but even if they did, they would have to be absolutely
certain that all of the noise was specifically attributable to the O'Malley's patio. He
emphasized that this request would be difficult to carry out and he was not certain that it
would provide completely conclusive data.
Mr. Abbe stated that with regard to Commissioner Deaton's second concern, he
suggested the following text:
"Applicant shall construct a sound barrier, which shall comply with all
requirements of the Code of the City of Seal Beach or other mitigation
satisfactory to the Director of Development Services, which shall bring the
noise levels into compliance with the City Code. as recommended by the
written analysis. "
He noted that the analysis might reveal other mitigation measures that might be
satisfactory. CommissIoner Deaton asked to make a motion and requested that Mr.
Abbe return with the language after he has had an opportunity to refine the text.
Commissioner Shanks stated that he would like to add a condition that all use of the
patio end at 11 :00 p.m.
Commissioner Deaton stated that the major amount of noise when she visited Main
Street at 10:30 last evening came from the smokers out on the sidewalks. She said the
nOise reverberated everywhere. She indicated that if the patio were closed, this would
add more smokers out on the sidewalks, creating a greater noise problem.
Chairperson Sharp stated that changing the requirements and also adding the 6-month
extension would be going at this problem in the wrong way. He agreed that the patio
should close at 11 :00 p.m., but he believes this should be done after the applicant has
had the opportunity to attempt to solve the problem. He said this allows Mr. Kyle to stay
in business and helps to alleviate the noise problem. He recommended just adopting
the motion currently on the floor.
Commissioner Deaton stated that she would like to add that the patio be closed at 11 :00
p.m. each night until all zoning issues are reviewed and resolved and the sound barrier
goes up, otherwise there IS no protection for residents from now until the sound barrier
does go up.
Mr. Abbe noted that Commissioner Shanks' motion to close at 11 :00 p.m. was not
seconded and he should withdraw this motion. Commissioner Shanks withdrew the
motion.
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Mr. Cummins clanfied that Commissioner Deaton's current motion is to adopt the draft
resolution as presented with the addition of the condition requiring a 6-month review
penod, dunng which time the intent IS that the applicant work with Staff to generate a
means of rehef for the alleged noise problem. Commissioner Deaton asked If the draft
resolution places O'Malley's In the in-lieu parking or out of it. Mr. Cummins stated that
the draft resolution includes the parking program, as it currently exists. He noted that
Mr. Kyle would need to sign new leases that include the City Attorney's language
regarding automatic annual recurrence for the leases.
Commissioner Shanks asked about the amendment to the 11 :00 p.m. patio closing
time. Mr. Abbe stated that the amendment must be addressed before voting on the
main motion. Commissioner Deaton asked Staff if the hours are amended to allow
service on the patio after 11 :00 p.m. would thiS allow for a better or worse environment
on the patio. Mr. Cummins stated that he does not intend to speak for the previous
Commission, but In some ways it is better because the applicant will have an attendant
on the patio until closing time. On the other hand he noted that the unrnterrupted
service of food and drinks to customers mayor may not exacerbate the problem
depending upon the clientele.
Chairperson Sharp stated that he has been in the retail business serving the public for
many years, and when placing a limit on the hours for the patio, the Commission must
consider that when operating a restaurant and having to close at 11 :00 p.m., food
service must end at approximately 10"45 p.m. He cautioned that the PC must take care
in determining clOSing times, particularly for a restaurant, as these restrictions could
affect the owner's ability to operate a successful business. He recommended not
making any change in the hours until the sound analysis is complete and the applicant
has had the opportunity to address the noise issue adequately.
Commissioner Deaton asked the Associate Planner to review the options for making a
motion. Mr. Cummins stated that the PC could condition the CUP to state that all food
service to the patio cease at 11 :00 p.m and all patrons must leave the patio area by
11 :30 p.m. Commissioner Deaton note that Mr. Cummins had stated that she could
make this motion without giving a specific time in case a future PC wished to change
the time. Mr. Cummins stated that a subsequent clause could state that all patrons
must leave the patio area no later than 30 minutes after food service ceases.
Commissioner Ladner asked who would enforce the time. Mr. Cummins stated that
Staff would advise the police department of the conditions of approval and they would
enforce thiS condition to the extent that Staff receives complaints.
Commissioner Sharp stated that there really is no way of enforcing these types of
conditions, otherwise the back doors of the bar that were open allOWing loud music to
blare out onto 8th Street would have been closed at all times, except In an emergency
He said that enforcement of this issue could be very difficult.
Commissioner Deaton stated that the PC did not want to limit O'Malley's operating
hours once the sound issues are resolved. She said that she simply wants to see
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something In place In the interim between today and the time that the sound Issue is
resolved. Commissioner Eagar stated that he agreed that the change In closing time
should be temporary. Mr. Cummins confirmed that Commissioner Deaton wished to
have the condition on the closing time for the patio amended to 11 :00 p.m. on a short-
term, temporary basis. Commissioner Deaton corrected that she would like to state that
the time be limited to the patio closing 30 minutes atter the end of food service to the
patio. Mr. Cummins recommended that the proposed condition state:
"All patrons shall/eave the patio area within 30 minutes after cessation of
food service. II
He noted that during the 6-month review period Staff would work with the applicant to
address a number of these issues and the PC could consider the matter at a public
hearing at the end of the 6-month review.
Commissioner Deaton emphasized that it is important that the early closing time for the
patio not go on for 6-months, otherwise the neighbors will not have a chance to see if
the sound mitigation is working. She suggested the early closing time for the patio only
until the noise mitigation IS in place. Mr. Abbe stated that this condition could be added,
however, the problem IS that the current motion does not include a requirement for
sound mitigation. Commissioner Deaton then re-stated the amendment to her motion to
state that 30 minutes atter food service to the patio ends, all patrons must leave the
patio area and the patio doors will be locked until such time as sound mitigation is in
place, as agreed upon by City Staff and the owners of O'Malley's. At that time the
original clOSing time will be reinstated proViding residents the opportunity to experrence
the sound mitigation prior to the next public hearing to determine whether it has been
effective in mitigating noise.
Chairperson Sharp stated that rather than "locking" the patio doors, simply stating
"closing the patio doors" will suffice, as the fire eXits must be accessible whenever the
restaurant is open for business.
MOTION by Deaton; SECOND by Shanks to amend Condition No.8 to stated that the
patio will be closed to patrons 30 minutes atter the cessation of food service, until the
applicant and the Director of Development Services come to an agreement on
acceptable mitigation measures for sound.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Eagar, Ladner, and Shanks
Sharp
None
Mr Abbe summarrzed that the final motion, which was seconded, is to adopt Resolution
04-28 as presented with the condition for a 6-month review period He then noted that
CommiSSioner Deaton had amended the motion to close the patio at 11 :00 p.m., and
this was seconded. He continued by stating that Commissioner Deaton made another
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amendment to close the patio to patrons 30 minutes after the close of food service to
patrons in the patio, until the applicant and the Director of Development Services come
to an agreement on acceptable mitigation measures for sound.
Commissioner Deaton stated that her original amendment was seconded but
Commissioner Shanks had then withdrawn his second to this amendment. Mr. Abbe
confirmed that the first amendment motion dies. He reminded the PC that as the motion
is currently framed the parking issue will remain as is and the grease trap condition
remains as it was in the original CUP, which means that the applicant is currently not in
compliance.
MOTION by Deaton; SECOND by Shanks to approve Resolution 04-28 as presented
with a 6-month review period added and that Condition No.8 be revised to stated that
the patio will be closed to patrons 30 minutes after the cessation of food service, until
the applicant and the Director of Development Services come to an agreement on
acceptable mitigation measures for sound.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Eagar, Ladner, and Shanks
Sharp
None
Mr. Cummins provided clarification on what has taken place. He stated the PC has
approved the draft resolution as presented with the addition of the 6-month review
period and to include in Condition No. 8 that the patio be closed to patrons 30 minutes
after the cessation of food service, until such time as the applicant and the Director of
Development Services come to an agreement on acceptable mitigation measures for
the alleged noise problem, understanding that Staff may find that under the Municipal
Code there may not be a noise problem and the applicant is in compliance.
Commissioner Deaton stated that the applicant has stated that he is willing to construct
a sound barrier in order to help the residents, and Staff is saying that unless the City
determines that there is a problem, this cannot be a condition of the CUP. Mr.
Cummins stated that the applicant could construct a sound barrier if he chooses to do
so, but It may be difficult for the City to draft a condition of approval on a CUP requiring
something above and beyond the City's Noise Ordinance, except if the PC wishes to
mitigate the noise by changing the hours of operation.
Mr. Abbe advised that the adoption of Resolution No. 04-28 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tOnight is final and the
appeal period begins tomorrow morning.
5. Conditional Use Permit 99-5 (Indefinite Extension)
12490 Seal Beach Blvd. (Sav-On Drug)
Applicant/Owner:
Eric Hull for Sav-On I Levine Investments
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Request: To continue to sell beer, wine and distilled spirits for off
premises consumption.
Recommendation: Approval subject to conditions and adoption of Resolution
04-22.
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 contacted Seal Beach Pollee Department (SBPD) and found that there
have been no extraordinary demands for law enforcement and Staff is recommending
approval subject to conditions as outlined in Resolution 04-22.
Commissioner Questions
Commissioner Eagar inquired if Sav-On had posted signs regarding the consumption of
alcoholic beverages Mr. Cummins stated that Sav-On is in compliance and has posted
a sign on the outside front entrance wall of the store.
Public Hearina
Chairperson Sharp opened the public hearing.
Ms. Paula DeWire of Sav-On Drugs stated that the store has been in operation at this
site since December 2001 and they have tried to be a good neighbor. She said Sav-On
is a full-service drug store with the responsible sale of alcoholic beverages and would
like to continue to provide this service to the community. She said she has pictures
showing the required signs posted both Inside and outside the store, which she then
circulated among the Commissioners.
There being no one else wishing to speak, Chairperson Sharp closed the public
hearing.
MOTION by Shanks; SECOND by Ladner to approve the Indefinite Extension of
Conditional Use Permit 99-5 and adopt Resolution 04-22 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Abbe advised that the adoption of Resolution No. 04-22 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal penod begins tomorrow morning.
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6. Conditional Use Permit 01-13 (Indefinite Extension)
12430 Seal Beach Blvd. (Starbucks Coffee)
Applicant/Owner:
Request:
Tam Lao, TI Planning I Levine Investments
To continue to operate a coffee house with outdoor seating.
Recommendation:
Approval subject to conditions and adoption of Resolution
04-27.
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 the unit faces in towards the shopping center He said that Staff has had no
complaints of any kind regarding this location and is recommending approval subject to
conditions.
Public Hearina
Chairperson Sharp opened the public hearing.
Mr. Tom Lao asked that the PC consider amending Condition NO.1 to increase the
outdoor seating from 5 tables to 8 tables and from 10 chairs to 20 at this location. He
said all the other conditions would remain the same, except Condition No. 7 for which
they are requesting that the hours of operation be changed from 6:00 a.m. to 11 :00 p.m.
daily Instead of 11 :00 a.m. to 11 :00 p.m. Commissioner Ladner asked if the additional
tables and chairs would mean increasing the size of the patio. Mr. Lao stated that the
patio already exists and the extra chairs and tables would be located in the same area.
Commissioner Shanks asked what percentage of Starbucks' business is take away as
opposed to sit down service. Mr. Lao stated that a representative of Starbucks is
present tonight and he could probably address this question. Commissioner Eagar
stated that he frequently viSits Starbucks and he believes that there are more than
sufficient tables and chairs available already. Commissioner Shanks asked what Staff's
opinion is regarding the additional seating. Mr. Cummins stated that this is the first he
has heard of this request. He said that he drove by the site this afternoon and he sees
no space issues at all as there is a significant amount of space between Starbucks and
Rubio's Baja Grill. Commissioner Eagar asked if Starbucks would be in violation if they
currently had more than 8 tables. Mr. Cummins confirmed that this was correct.
Mr. A. J. Cool, a representative of Starbucks, stated that he handles asset management
and leases for the stores. He said that when visiting this site he found that it was not in
compliance with the 10-table requirement. He indicated that it seems reasonable for the
way Starbucks operates and there would be no Increase in area over what is currently
there.
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There being no one else wishing to speak, Chairperson Sharp closed the public
hearing.
MOTION by Eager; SECOND by Deaton to approve the Indefinite Extension of
Conditional Use Permit 01-13 and adopt Resolution 04-27 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Abbe advised that the adoption of Resolution No. 04-27 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
7. Conditional Use Permit 02-1 (Indefinite Extension)
347 Main Street (Coffee Bean & Tea Leaf)
Applicant/Owner:
Request:
Paul Goldman / United Sports Agency
To continue to operate a coffee/dessert house that is greater
than 1,000 square feet and to have outdoor seating using
approximately 57 -sqaure feet along Main Street.
Recommendation:
Approval subject to conditions and adoption of Resolution
04-26
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 all seating runs along the storefront facing Main Street. He said that Staff
has had no complaints and is recommending approval subject to conditions. He noted
that at the time of the original approval of Conditional Use Permit 02-1 there was a
specific condition attached requiring that all tables and chairs to be located completely
on private property, and that condition is still attached to this CUP.
Commissioner Questions
None.
Public Heanna
Chairperson Sharp opened the public heanng.
Mr. Paul Goldman, a representative for Coffee Bean & Tea Leaf, requested that the PC
approve the indefinite extension of CUP 02-1 and stated that he is not aware of any
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problems at this site He said that they also have been able to maintain the tables and
chairs on the store property.
There being no one else wishing to speak, Chairperson Sharp closed the public
hearing.
MOTION by Deaton; SECOND by Eager to approve the Indefinite Extension of
Conditional Use Permit 02-1 and adopt Resolution 04-26 as presented
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Abbe advised that the adoption of Resolution No. 04-26 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
8. Conditional Use Permit 02-2 (Indefinite Extension)
12380 Seal Beach Blvd. (Macaroni Gnll)
Applicant/Owner:
Request:
Robert Montgomery / Levine Investments
To continue to permit the on-premise sale and consumption
of alcoholic beverages (General Liquor License).
Recommendation:
Approval subject to conditions and adoption of Resolution
04-25
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 the restaurant has been operating since 2002. He said Staff has received no
complaints and there has been no extraordinary demand for law enforcement. He
stated Staff is recommending approval subject to conditions. He noted that there were
other approvals granted with the original CUP, most notably a Site Plan Review (SPR)
and the conditions found in that SPR, which included a number of EIR mitigation-type
conditions, remain the same.
Commissioner Questions
None.
Public Hearina
Chairperson Sharp opened the public hearing
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Mr. Jack Martin, representing Romano's Macaroni Grill, stated that they are pleased to
be in the community and look forward to continuing to do business here and to abide by
the conditions of approval.
Chairperson Sharp commented that this is a very nice restaurant.
There being no one else wishing to speak, Chairperson Sharp closed the public
hearing
MOTION by Eager; SECOND by Shanks to approve the Indefinite Extension of
Conditional Use Permit 02-2 and adopt Resolution 04-25 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Abbe advised that the adoption of Resolution No. 04-25 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning
STAFF CONCERNS
Mr. Cummins stated that several letters were received regarding the new Village At
Rossmoor development and copies will be provided to the Commission when the PC
considers this matter. He indicated that should the Commissioners wish to review these
documents, they are on file for inspection in the Planning Department, however, he
noted that it would be appropriate to review these documents when the issue is to be
heard by the PC. Chairperson Sharp asked if Staff had any indication of when this item
is to be heard. Mr. Cummins stated that the public review period runs until May 10,
2004, and Staff is currently receiving comments. He indicated that atter May 10th Staff
would review the comments and make a determination as to whether subsequent study
is necessary, and If so, either an addendum to the document or a new document may
need to be re-circulated.
COMMISSION CONCERNS
Commissioner Ladner stated that he has received several telephone calls and letters
regarding saving The Parasol Restaurant He asked if this were part of the Planning
Department area of responsibility. Mr. Cummins indicated that an item within the
Mitigated Negative Declaration (MND) for the Rossmoor development pertains
specifically to historical resources, and if anyone wishes to comment on the MND with
regard to historical resources they can submit their written comments to the attention of
Lee Whittenberg or Mac Cummins between now and May 10, 2004.
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Commissioner Deaton stated that It was her understanding that based on the Newsrack
Ordinance newsracks were to have been removed by the end of last month. Mr.
Cummins stated that he is not familiar with the exact date of removal. He said that the
application cycle was just completed and Staff IS currently competing the assignment of
locations for the new newsracks. Commissioner Deaton stated that she would like to
know when the newsracks are to be removed and the new ones installed.
Commissioner Shanks inquired about the San Gabriel River Study. He asked if the
Environmental Quality Control Board (EQCB) is to review this study. Mr. Cummins that
the CEQA document is to be distributed to all appropriate bodies as soon as Staff
receives it. He noted that in all likelihood the EQCB would review the document before
the PC. Commissioner Ladner asked when it might be available. Mr Cummins stated
that Staff had been told the document would be released sometime in May.
ADJOURNMENT
Chairperson Sharp adjourned the meeting at 9:15 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secr
Planmng Department
APPROVAL
The Commission on May 19, 2004 a~~ed the Minutes of the Planning Commission
Meeting of Wednesday, May 5, 2004. .
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