HomeMy WebLinkAboutPC Min 2004-04-21
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for April 21, 2004
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
Distrrct 4 - Henry Eagar
District 5 - Phil Ladner
Deoartment of Develooment Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Mac Cummins, 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 Americans with Disabilities Act. If you
need assistance to attend this meeting please telephone the City Clerk's Office at
least 48 hours in advance of the meeting (562) 431-2527.
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Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday evenings, Channel 3 at 4'00 p.m.
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Videotapes of Planning Commission meetmgs may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone' (562) 596-1404.
o Copies of staff reports and/or written matenals 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 Plannmg CommIssIon. Agenda of Apn121, 2004
PLANNING COMMISSION AGENDA INFORMATION SHEET
The following is a brief explanation of the Planning Commission agenda
structure:
AGENDA APPROVAL: The Plannrng 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 penod 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 oroceedinas are recorded
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City of Seal Beach Planning Commission
Agenda for April 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 Planmng 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 Planmng 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 authonzed by law
V
CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and are enacted by
one motion unless prior to enactment, a member of the Planning Commission,
staff, or the public requests a specific item be removed from the Consent
Calendar for separate action.
1. Approve Planning Commission Meeting Minutes of Apnl 7, 2004.
VI SCHEDULED MATTERS
VII PUBLIC HEARINGS
2. Conditional Use Permit 99-5 (Indefinite Extension)
12490 Seal Beach Blvd. (Sav-On Drugs)
Applicant/Owner:
Request:
Enc Hull for Sav-On / Levine Investments
To contmue to sell beer, wine and distilled splnts for
off-premises consumption
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City of Seal Beach Planning Commission · Agenda of Aprt121, 2004
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Recommendation' Approval subject to conditions and adoption of
Resolution 04-22
3. Conditional Use Permit 01-12 (Indefinite Extension)
12320 Seal Beach Blvd. (Islands)
Applicant/Owner:
Request
Recommendation:
Urban Solutions, Inc./Levine Investments
To continue to serve alcoholic beverages for on-site
consumption.
Approval subject to conditions and adoption of
Resolution 04-24
4. Conditional Use Permit 02-8 (Indefinite Extension)
12800 Seal Beach Blvd. (Baja Fresh)
Applicant/Owner:
Request:
Recommendation.
. VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
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Elizabeth Koh/Seal Beach Land Partners
To continue to have approximately 36 outdoor seats
at the Baja Fresh Restaurant.
Approval subject to conditions and adoption of
Resolution 04-23
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May 05
May 19
Jun 09
Jun 23
Jul07
Jul21
Aug 04
Aug 18
Sep 08
Sep 22
. Oct 06
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Nov 03
Nov17
Dee 08
Dee 22
CIty of Seal Beach Plannmg CommIssIon. Agenda of AprIl 21, 2004
2004 Aaenda Forecast
CUP 01-13 Indefinite Extension -12430 Seal Beach Blvd (Starbucks)
CUP 01-14 Indefinite Extension - 12420 Seal Beach Blvd (Daphne's)
TO BE SCHEDULED:
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Study Session:
Permitted Uses & Development Standards in Commercial Zones
(5/6/98)
Undergroundlng 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 April 21, 2004
Chairperson Sharp called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p m. on Wednesday, April 21, 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 and Eagar
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Mac Cummins, Associate Planner
Alexander Abbe, Assistant City Attorney
Absent: Commissioners Ladner and Shanks
Mr. Whittenberg stated for the record that Commissioners Shanks and Ladner had
indicated that they would not be present at tomght's meeting. He said it would be
appropnate to excuse their absence.
MOTION by Deaton; SECOND by Eagar to excuse Commissioners Shanks and Ladner
from tonight's meeting.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Sharp, Deaton, and Eagar
None
Ladner and Shanks
AGENDA APPROVAL
Mr. Whittenberg noted that a fax from Tait & Associates, representatives for Sav-On
Drugs, was distributed to the Commissioners, with the request that due to a schedule
conflict Item NO.2 be continued to the Planning Commission meeting of May 5, 2004.
So ordered by Chairperson Sharp.
1 These Minutes were transcnbed from audiotape of the meeting
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City of Seal Beach Planning Commission
Meeting Minutes of Apn121, 2004
MOTION by Deaton; SECOND by Eagar to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Sharp, Deaton, and Eagar
None
Ladner and Shanks
ORAL COMMUNICATIONS
Chairperson Sharp opened oral communications.
There being no one wishing to speak, Chairperson Sharp closed oral communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of April 7, 2004
MOTION by Deaton; SECOND by Eagar to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
3-0-2
Sharp, Deaton, and Eagar
None
Ladner and Shanks
2. Conditional Use Permit 99-5 (Indefinite Extension)
12490 Seal Beach Blvd. (Sav-On Drugs)
Applicant/Owner:
Request:
Recommendation.
Eric Hull for Sav-On / Levine Investments
To continue to sell beer, wine and distilled spirits for off-
premises consumption.
Continue to meeting of May 5, 2004
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of Apn121, 2004
3. Conditional Use Permit 01-12 (Indefinite ExtenSion)
12320 Seal Beach Blvd. (Islands Restaurant)
Applicant/Owner:
Request
Urban Solutions, Inc.lLevine Investments
To contmue to serve alcoholic beverages for on-site
consumption.
Recommendation'
Approval subject to conditions and adoption of Resolution
04-24
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 the existing restaurant measures a little over 5,100 square feet. He said that
Staff has received no complaints and is recommendmg approval subject to conditions
and adoption of Resolution 04-24 as presented.
Commissioner Questions
Chairperson Sharp clarified that m statmg that no complaints have been received, this
also encompasses any complaints from the police and fire departments Mr. Cummins
confirmed that this was correct. He stated that as a matter of policy Staff will contact
both the police and fire department to confirm that there have been no complaints in
relation to a specific Conditional Use Permit (CUP).
Public Heanna
Chairperson Sharp opened the public heanng.
Ms Nancy Patterson, representative for Islands Restaurant, stated that Islands has
been very happy to be in Seal Beach, and business has been quite good. She said that
after reviewmg the conditions of approval, Islands has no objections and will continue to
comply with these conditions. She noted that a representative from the Seal Beach
Islands Restaurant is present tOnight to respond to any questions.
There being no one else wishing to speak, Chairperson Sharp closed the public
hearing.
Commissioner Comments
Commissioner Eagar inquired of the Associate Planner whether Islands has any signs
posted inside the restaurant regarding the sale of alcohol. Mr. Cummins stated that one
of the conditions is that the Conditions of Approval be prominently posted inside the
restaurant, which state that alcohol must be consumed on site and that no alcohol will
be sold for off premises consumption Commissioner Eager asked if the Conditions of
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of Apn121, 2004
Approval are posted. Mr. Cummins stated that he has not inspected the restaurant, but
the applicant could probably respond to this. Chairperson Sharp Interjected that
businesses serving alcohol usually post their alcohol licenses in a prominent place, but
unless Staff actually verifies thiS, there is no way of confirming this.
Commissioner Eagar requested that the public hearing be re-opened.
Chairperson Sharp re-opened the public hearing.
Ian Reicholdt, Regional Manager for Islands Restaurants, confirmed that both the liquor
license and the notice that alcoholic beverages are for on-site consumption only are
posted in a visible area on the wall behind the bar. He noted that in completing audits
of restaurants within their respective regions, Regional Managers are required to check
out this item.
There being no one else wishing to speak, Chairperson Sharp closed the public
heanng.
MOTION by Eagar; SECOND by Deaton to approve Indefinite Extension of Conditional
Use Permit 01-12 and adopt Resolution 04-24 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Sharp, Deaton, and Eagar
None
Ladner and Shanks
Mr. Abbe advised that the adoption of Resolution No 04-24 begins a 10-day calendar
appeal period to the City CouncIl. The Commissioner action tOnight is final and the
appeal penod begins tomorrow morning.
4. Conditional Use Permit 02-8 (Indefinite Extension)
12800 Seal Beach Blvd. (Baja Fresh)
Applicant/Owner:
Request:
Elizabeth Koh/Seal Beach Land Partners
To continue to have approximately 36 outdoor seats at the
Baja Fresh Restaurant.
Recommendation:
Approval subject to conditions and adoption of Resolution
04-23
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 Baja Fresh does not serve alcohol and has approximately 36 seats out on
the patio fronting the parking lot. He said that Staff has received no complaints and is
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of Apnl21, 2004
recommending approval subject to conditions and adoption of Resolution 04-23 as
presented.
Commissioner Questions
Commissioner Deaton asked if Baja Fresh should decide in the future to sell alcohol,
would they need to apply for a new Conditional Use Permit (CUP) at that pOint. Mr.
Cummins confirmed that this was correct.
Commissioner Eager asked if Baja Fresh had a CUP to serve beer and wine
Chairperson Sharp noted that Baja Fresh does not serve alcohol.
Public Heanna
Chairperson Sharp opened the public hearing.
Ms. Elizabeth Koh, representative for Baja Fresh, stated that there have been no
changes in the operation of the restaurant since the previous CUP application. She
also noted that there have been no complaints. She indicated that the Regional
Manager and the Project Manager are present tonight to respond to any questions.
There being no one else wishing to speak, Chairperson Sharp closed the public
hearing.
Commissioner Comments
Commissioner Eager apologized for having confused Baja Fresh with Rubio's. He
stated that he frequently eats at Baja Fresh and they do serve a great bUrrito.
MOTION by Eagar; SECOND by Deaton to approve Indefinite Extension of Conditional
Use Permit 02-8 and adopt Resolution 04-23 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Sharp, Deaton, and Eagar
None
Ladner and Shanks
Mr. Abbe advised that the adoption of Resolution No. 04-23 begins a 1 O-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal penod begins tomorrow morning.
STAFF CONCERNS
Mr. Whittenberg stated that he would be on vacation the week of May 5, 2004 and
would not be present at that meeting.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of Apnl21, 2004
COMMISSION CONCERNS
Chairperson Sharp requested an update on the Hellman ProJect. Mr. Whittenberg
stated that cultural resource mitigation continues and grading and installation of
underground utility services and creation of the trails to the proposed education facility
IS also taking place. He said once these items are completed and the California Coastal
Commission (CCC) permit is issued, construction of the homes could begin. He
indicated that the CCC approval is anticipated in June or July of this year with a
projected completion date In early 2005.
Chairperson Sharp asked whether City Council would be approving the Long Beach
Home Depot Project. Mr. Whittenberg stated that this is an Environmental Impact
Report (EIR) that the Environmental Quality Control Board (EQCB) will review and
comment on, and then the document will be forwarded to City Council. He indicated
that a copy of the final comment letter as approved by City Council would be provided to
the Planning Commission. Commissioner Deaton asked how much consideration the
City of Long Beach would give to comments from the City of Seal Beach. Mr
Whittenberg stated that over the years Staff has found the City of Long Beach to be
fairly responsive to many of the concerns expressed by the City of Seal Beach and we
attempt to do the same.
ADJOURNMENT
Chairperson Sharp adjourned the meeting at 7:43 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secret ry
Planning Department
APPROVAL
The Commission on May 5, 2004 approved the Minutes of the Planning Commission
Meeting of Wednesday, April 21, 2004. ('\1.. .
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