HomeMy WebLinkAboutPC Min 2005-11-09
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for November 9, 2005
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Phil O'Malley
District 3 - Gordon Shanks
District 4 - Gary Roberts
District 5 - Phil Ladner
. Department of Development Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Christy Teague, AICP, Senior Planner
Carmen Alvarez, Executive Secretary
I:l 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.
I:l 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 at (562) 431-2527.
I:l Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday afternoons, Channel 3 at 4:00 p.m.
I:l Videotapes of Planning Commission meetings may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
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I:l 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 November 9, 2005
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 Droceedinas are recorded.
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City of Seal Beach Planmng Commission · Agenda of November 9, 2005
City of Seal Beach Planning Commission
Agenda for November 9, 2005
7:30 p.m.
I.
II.
PLEDGE OF ALLEGIANCE
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 Planning Commission Meeting Minutes of October 26, 2005.
VI. SCHEDULED MATTERS
None.
VII. PUBLIC HEARINGS
2. Mitigated Negative Declaration 05-4
Specific Plan Amendment 05-1
Site Plan Review 05-1
Conditional Use Permit 05-12
2301-2499 Seal Beach Boulevard
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City of Seal Beach Planning Commission · Agenda of November 9, 2005
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Applicant:
Owner:
Request:
Panattoni Development Co. and The Boeing Co.
The Boeing Co. c/o Boeing Realty Corporation
Construction of four (4) new buildings for a total of
85,009 sq. ft. Specifically, Building 1 is a proposed
65,484 sq. ft. hotel, Building 2 is a proposed 10,725 sq.
ft. building of retail and in-line food uses, Building 3 is a
proposed 5,400 sq. ft. retail building, and Building 4 is a
proposed 3,400 sq. ft. restaurant. The application
includes the following requests: Adoption of Mitigated
Negative Declaration 05-4; Specific Plan Amendment
05-1 to alter the Boeing Space & Communications
Group Specific Plan, including changing the height from
40 feet maximum to 55 feet maximum for the hotel;
changing the Land Use Summary Table 3-1 of the
Specific Plan to redistribute changed square footages
of buildings and increasing the total from 84,757 sq. ft
to 85,009 sq. ft., an increase of 252 sq. ft., within the
allowable 87,500 sq. ft. set forth in Table 2-1 of the
Specific Plan; changing the minimum building setback
adjacent to Seal Beach Blvd. from 35 feet to 20 feet;
changing the minimum building setback adjacent to
Westminster Ave. from 35 feet to 30 feet; Site Plan
Review 05-1; and Conditional Use Permit 05-12 for 24-
hour operations and alcohol sales in conjunction with
proposed 11 O-room hotel.
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Recommendation: Approval and adoption of Resolution Nos. 05-56, 05-57,
05-58, and 05-59, respectively, subject to conditions.
3. Minor Plan Review 05-10
Trailer Space Adjustment 05-1
74 Riversea Road
Applicant/Owner:
Request:
Sheila Oden / Seal Beach Affordable Housing Corp.
The applicant proposes a trailer space adjustment
adding approximately 119 square feet to the trailer
space. To applicant also proposes to construct a
2-story cabana in the Seal Beach Trailer Park. The
overall height will be 25 feet, with 850 square feet of
living space.
Recommendation:
Approval and adoption of Resolution Nos. 05-44 and
05-52, respectively, subject to conditions.
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4. Variance 05-6
700 Ocean Avenue
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City of Seal Beach Planning Commission · Agenda of November 9, 2005
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Applicant/Owner:
Request:
Jack and Stacy Haley
Approve a remodel and addition to a single-family
residence with an existing nonconforming side setback
of 0 feet on one side adjacent to the street, where the
Seal Beach Zonina Code requires a 15% lot width side
setback of 5.625 feet. The applicant also proposes to
construct a 2nd floor balcony over the existing 1 st floor
structure in the side setback. The remainder of the
proposed addition will conform to setback requirements.
Recommendation: Approval and adoption of Resolution 05-60, subject to
conditions.
5. Conditional Use Permit 05-11
320 Main Street
Applicant/Owner:
Request:
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C. Mingura & R. Marshall I Fred & Janet Reidman
To add a 145-square foot outdoor dining area; upgrade
the current alcohol sales license from beer and wine to
a full alcohol license (Type 47); change the approved
hours of operation from 10:30 a.m. to 11 :00 p.m. on
Friday and Saturday to 10:30 a.m. to midnight; and to
allow live entertainment on Friday, Saturday, and
Sunday.
Recommendation: Approval and adoption of Resolution 05-53, subject to
conditions, and as may be further revised by the
Commission after considering public testimony.
6. Conditional Use Permit 05-14
302 Main Street
Applicant/Owner:
Request:
Recommendation:
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Michael Rosetti I Henry K. Warno
To establish a new restaurant with a Type 47 alcohol
license (full service) with operating hours of 10:30 a.m
to 11 :00 p.m. Sunday to Thursday, and 10:30 a.m. to
midnight on Friday and Saturday.
Approval and adoption of Resolution 05-62, subject to
conditions, and as may be further revised by the
Commission after considering public testimony.
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City of Seal Beach Planning Commission · Agenda of November 9, 2005
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7. Mitigated Negative Declaration 05-5
Conditional Use Permit 05-3 - Vons
Height Variation 05-5 - Vons
Conditional Use Permit 05-4 - Sav-On
Conditional Use Permit 05-13 - The Daily Grind
Conditional Use Permit 05-16 - Auto Service Station
(ALL ABOVE ITEMS CONTINUED TO MEETING OF DECEMBER 7, 2005)
Regency Center - 901 - 1101 Pacific Coast Highway
Applicant/Owner:
Request:
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Regency Centers
Renovation and reconstruction of the Seal Beach
Shopping Center. The existing center contains 90,706
sq. ft. of retail and commercial uses. The renovation will
result in a total of 103,315 sq. ft, which is a net increase
of 12,609 sq. ft. Specifically, the application includes
the following requests: Adoption of Negative
Declaration 05-5; Conditional Use Permit 05-3 for Vons,
including sale of alcohol and 24-hour operations; Height
Variation 05-5 to allow a 7 feet increase in the height
above the 35 feet height limit for a non-habitable
architectural feature on the proposed new Vons market
building; Conditional Use Permit 05-4 for Sav-On,
including sale of alcohol, 24-hour operations and drive-
through lane for pharmacy service; Conditional Use
Permit 05-13 for a drive-through coffee business,
outdoor dining, and daily opening hour of 5:00 a.m.;
and Conditional Use Permit 05-16 for an automobile
service station with 24-hour operations.
Recommendation: Continued to meeting of December 7, 2005.
8. Zone Text Amendment 05-3
Main Street Specific Plan Area
Applicant/Owner:
Request:
City of Seal Beach
Adoption of new definitions relating to signs; adoption of
new general provision for all signs; adoption of new on-
premise sign standards within the Main Street Specific
Plan Zone; and adoption of City Council policy
statement on "General Design Guidelines For Signs -
Main Street Specific Plan Area.
Recommendation: Approval and adoption of Resolution 05-54.
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Page 6 of 8
City of Seal Beach Planning Commission · Agenda of November 9, 2005
. VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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Nov 23
Dec7
Dec 21
City of Seal Beach Planning Commission · Agenda of November 9, 2005
2005 Aaenda Forecast
MEETING CANCELED
Mitigated Negative Declaration 05-5, (Seal Beach Center)
CUP 05-3 (Vons), CUP 05-4 (Sav-On), CUP 05-13 (Daily Grind)
CUP 05-16 (Auto Service Station) and HV 05-5 (Vons)
MEETING CANCELED
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of November 9, 2005
Chairperson Shanks called the regularly scheduled meeting of the Planning
Commission to order at 7 30 P m on Wednesday, November 9, 2005. The meeting was
held In the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present. Chairperson Shanks, Commissioners Deaton, Ladner, and Roberts
Also
Present. Department of Development Services
Lee Whittenberg, Director of Development Services
Christy Teague, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent. Commissioner O'Malley
Mr Whittenberg reported that Commissioner O'Malley had indicated that he would not
be in attendance at tOnight's meeting as he IS out of town
MOTION by Roberts; SECOND by Ladner to excuse Commissioner O'Malley from the
Planning Commission meeting of November 9, 2005.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Shanks, Deaton, Ladner, and Roberts
None
O'Malley
AGENDA APPROVAL
Chairperson Shanks noted that Jack Haley has an appointment In Los Angeles later
tonight and has requested that the public hearing for Variance 05-6 be moved forward
Chairperson Shanks then provided the order In which the public hearing Items would be
heard tOnight as follows.
Item 4 Variance 05-6
Item 3 Minor Plan Review 05-10
Item 5 Conditional Use Permit 05-11
Item 6. Conditional Use Permit 05-14
700 Ocean Avenue
74 Riversea Road
320 Main Street
302 Main Street
1 These Minutes were transcribed from audiotape of the meetIng
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of November 9. 2005
Item 2. Mitigated Negative Declaration 05-4
Pacific Gateway Plaza
Mr. Whittenberg noted that the vote on new order of the agenda would Include
continuing Item 8, Zone Text Amendment 05-3, to the Planntng Commission meeting of
December 7, 2005.
MOTION by Roberts, SECOND by Deaton to approve the Agenda as amended
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Shanks, Deaton, Ladner, and Roberts
None
O'Malley
ORAL COMMUNICATIONS
Chairperson Shanks opened oral communtcatlons.
Stan Anderson thanked SBrv for their services to the Seal Beach Business Association
& Chamber (SBBAC) and announced that the Seal Beach Old Town Holiday Christmas
Parade will be held on Main Street on Friday, December 2, 2005 from 7'00 p m to 9'00
p m. He then reported that the SBBAC would be hosting a Breakfast with Santa on
December 17, 2005 from 8'00 a m to 10'00 pm at the Senior Center In the Mary
Wilson Library and later Santa and his live reindeer would be at the pier from 12 00 to
4.00 p m. He noted that SBrv would present a live presentation of the parade with Rick
Papp providing the narration. He stated that anyone interested in participating in the
parade should contact Jim Klisanin at Bay Town Realty (562) 857-1043.
There being no one else wishing to speak, Chairperson Shanks closed oral
communications
CONSENT CALENDAR
1 Approve Planning Commission Meeting Minutes of October 26, 2005.
MOTION by Roberts; SECOND by Ladner to approve the Consent Calendar as
presented
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Shanks, Ladner, and Roberts
None
O'Malley
Deaton
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of November 9, 2005
Commissioner Deaton abstained from voting on this item, as she was absent from the
meeting of October 26, 2005
SCHEDULED MATTERS
None
PUBLIC HEARINGS
4 Variance 05-6
700 Ocean Avenue
Applicant/Owner
Request:
Jack and Stacy Haley
Approve a remodel and addition to a single-family residence
with an existing nonconforming side setback of 0 feet on one
side adjacent to the street, where the Seal Beach Zoning
Code reqUires a 15% lot width side setback of 5 625 feet
The applicant also proposes to construct a 2nd floor balcony
over the existing 1 S floor structure in the side setback The
remainder of the proposed addition will conform to setback
requirements
Recommendation:
Approval and adoption of Resolution 05-60, subject to
conditions.
Staff Report
Ms. Teague delivered the staff report (Staff Report IS on file for inspection in the
Planning Department.) She provided some background information on this Item and
Indicated that the applicant IS requesting to maintain the family room of the eXisting
residence while the addition to the residence is being completed. She noted that a
letter of concern received from a neighbor IS attached to the Staff Report and a
subsequent letter was received from the applicant in which he states that he has made
modifications to the plans to help address the neighbor's concerns Copies of this letter
were provided to the Planning Commission (PC) tonight. She stated that as a result,
the neighbor has Withdrawn his concerns. She then showed a bnef PowerPolnt
presentation provided by the architect. (Presentation on file for Inspection in the
Planning Department.) She noted that the applicant proposes a balcony-like feature
that IS not a usable balcony, but would simply soften the edge of the structure and
balance It With the rest of the architecture. She stated that Staff had Included this as a
condition of approval and recommends approval, subject to conditions, and adoption of
Resolution 05-60 as amended
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CIty of Seal Beach Planning CommIssIon
Meeting Minutes of November 9, 2005
Commissioner Questions
Commissioner Deaton asked if fences are allowed on property lines Ms Teague
confirmed that fences are allowed on property lines, and are limited to a height of 42
inches In the 18-foot front setback area, and up to 6 feet in height above the grade of
the property along the side yard setbacks Commissioner Deaton asked how this would
relate to the 15 percent setback required for corner homes Ms. Teague stated that the
front portion that IS to be reconstructed will maintain that; however, the portion of the
structure that is to. be maintained and lies 55 feet back from the front corner will not
meet thiS requirement as It currently has a O-foot side setback Commissioner Deaton
asked If fences were not considered as part of the 15 percent setback. Mr. Teague
confirmed that they are not and are allowed to go on the property line along the side,
rear, and front setback areas.
Public Hearina
Chairperson Shanks opened the public hearing
Jack Haley stated that he purchased the home because it provides a lot of living space,
and when remodeling he had hoped to keep all of the eXisting parts of the home He
noted that the remodel will conform to all current bUilding standards and that the
proposed balcony IS strictly a cosmetic feature to keep the lines of the house flowing
He stated that as a long-time resident of Seal Beach he wants to construct a home that
will add to the community, as this is a highly visible corner Commissioner Deaton
expressed her concerns with granting a Vanance for a reduction In the 15 percent
setbacks for corner lots, as the City IS attempting to bring these lots into conformance
She stated that if this is approved for 700 Ocean Avenue, this lot would virtually never
be brought into conformance She also noted that what makes the proposed home
lovely IS the landscaping, but the two walls that run along the sides of the eXisting home
obscure the view corridor for the rest of Seal Beach and make the lot appear "ugly" Mr
Haley stated that he knows the eXisting house is ugly, but the Ocean Avenue homes
along the "Gold Coast" are very narrow, and he would not be changing anything that IS
already there Commissioner Deaton stated that the Code has wntten the 15 percent
requirement In order to open up the view corndor for the homes on the north side of
Ocean Avenue She said that this IS the reason a Variance was denied to another
homeowner. Mr Haley explained that the entire addition IS to be constructed around
the eXisting structure, and he wants to add a second floor to the portion of the house
facing Ocean Avenue, and to keep everything that IS pre-existing He noted that the
landscaping for the home at Third Street and Ocean Avenue has all been done on the
side of the home. He said that he had met with the Director of Development Services to
discuss whether the City wished to have landscaping added for visual purposes, and he
would be happy to do this He then Introduced his architect, Ed Gollan.
Ed Golian stated that he would be happy to respond to any questions from the PC.
Commissioner Deaton asked if a third story IS planned for the rear of the home. Mr
Golian stated that the home would not have a third story
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City of Seal Beach Plannmg CommiSSion
Meetmg Mmutes of November 9, 2005
Commissioner Roberts asked If the balcony over the garage falls within the setback
area Mr. Gollan stated that City Code does allow a balcony to encroach Into the front
yard setback.
Stan Anderson stated that he grew up on Ocean Avenue and knows the Haley family
well, and recommends approval of Vanance 05-6. With regard to the view corndor, he
noted that Jack Haley paid for his view of the ocean and the alleys are available to
those people who wish to go to the beach. He stated that thIs wIll be a better house and
will provide a better view than the existing house
There being no one else wishing to speak, Chairperson Shanks closed the public
heanng
Commissioner Comments
Commissioner Deaton stated that she still has concerns and the PC has gone on record
strongly with another applicant who was not allowed a vanance In the 15 percent
setback reqUirement.
Mr Whittenberg clanfled that the Issue on the previous application to which
Commissioner Deaton was refernng was to change the setback provIsion In the City
Code from a 15 percent side yard to a 10 percent side yard setback. He explained that
this was in conjunction with a request by an individual who had a structure that was
closer to the property line than was allowed and who wanted to line up his eXisting
structure to the new portion, and move it out to 10 percent Instead of the 15 percent
He continued that the portion of the structure that already eXisted was already
nonconforming, and the PC determined that the 15 percent standard would not be
changed; however, the PC dId grant a Varrance for the eXIstIng portIon of the structure
to remain where It was and the new addition had to be moved back to 15 percent, which
IS the same situation that is before the PC tOnight
Commissioner Deaton noted that for the previously approved Vanance, she did see that
the new home was completely demolished. She stated that she had expected to see
the bottom of the house remain, but the entire house came down and a whole new
house IS going up keeping the nonconforming setback. She said that approving this
type of Vanance allows people to get around the Code and this is creating some
confusion, as the Code IS attempting to bnng nonconforming homes into conformance.
Mr Whittenberg explaIned that all Zoning Ordinances have a safety valve to help. deal
with eXisting nonconforming situations. Mr. Whittenberg then noted that as he recalls
for the previously denied Vanance of this kind, the applicant eventually decided to
demolish the eXisting home and construct a new home that conformed to the required
setbacks Commissioner Deaton stated that as a Commission the PC needs to decide
whether It intends to enforce the Code or to grant Variances
Commissioner Roberts stated that he came to the meeting tOnight thinking that this was
a reasonable proposal for which he would vote approval, and nothing he has heard
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CIty of Seal Beach Plannmg CommIssIon
Meeting Mmutes of November 9, 2005
tOnight has changed his mind. He said the fact that the on lot line structure is set back
55 feet IS a mitigating circumstance that he can live with He stated he would vote for
approval.
Commissioner Ladner stated that he likes the appearance of the home and sees no
problem in constructing the home as proposed. He said he would vote to approve
Variance 05-6.
Chairperson Shanks stated that he does see Commissioner Deaton's point regarding
the view corndor, and he would be happier If homes did conform to Code. He said that
although he will vote to approve, he does sympathize with Commissioner Deaton and
the PC does need to fight some of these proposals
MOTION by Deaton; SECOND by Roberts to approve Variance 05-6, subject to
conditions, and adopt Resolution 05-60 as amended
Mr Whittenberg clarified that this would Include the revIsion to Condition No 4 to
reference the revised plan for the roof along the balcony
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Shanks, Deaton, Ladner, and Roberts
None
O'Malley
Mr. Abbe adVised that the adoption of Resolution No 05-60 begins a 10-day calendar
appeal period to the City Council The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
3. Minor Plan Review 05-10
Trailer Space Adjustment 05-1
74 Rlversea Road
AppllcanVOwner.
Request"
Sheila Oden I Seal Beach Affordable Housing Corp
The applicant proposes a trailer space adjustment adding
approximately 119 square feet to the trailer space To
applicant also proposes to construct a 2-story cabana In the
Seal Beach Trailer Park. The overall height Will be 25 feet,
With 850 square feet of living space.
Recommendation.
Approval and adoption of Resolution Nos. 05-44 and 05-52,
respectively, subject to conditions
Staff Report
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City of Seal Beach Planmng Commission
Meetmg Mmutes of November 9. 2005
Ms Teague delivered the staff report (Staff Report IS on file for Inspection in the
Planning Department) She provided some background information on this Item and
noted that the Minor Plan Review (MPR) and the Trailer Space Adjustment (TSA)
should be considered separately. With regard to the TSA, Ms. Teague stated that state
Title 25 reqUires that Intenor lots in the Seal Beach Trailer Park (SBTP) have a 3-foot
setback on all 4 sides, which limits the size of a structure more than for those lots facing
the streets, which have a zero foot front setback. She explained that the SBTP has
many eXisting encroachments over the 3-foot setback, and in this case the trailer on the
property to the rear encroaches 2 feet Into the rear setback for 74 Riversea. She stated
that the applicant IS requesting consideration to reduce the setbacks as they are
constrained by the rear 2-foot construction and also by the 3-foot setback on all 4 sides.
She Indicated that a proposed condition of approval included in proposed Resolution
05-52 would reqUire the trailer space remain open and accessible on all sides In order
to least impact the surrounding neighbors and the common area and walkway She
stated that there has been no application for a TSA since September 1993, and the
property owners, the Seal Beach Affordable Housing Corporation (SBAHC), has
approved this request and Staff believes that as conditioned, the TSA allows the
neighbor's improvements to the rear to remain In place and maintains the landscaped
walk.
The Senior Planner then stated that the MPR for the proposed 2-story cabana would
require a 3-foot setback on all sides, whether or not the TSA IS approved She reported
that Staff has received letters of support and one letter In opposition to this request,
which are attached to the Staff Report She also noted that another letter of opposition
was received and has been dlstnbuted to the PC She ended by stating that Staff
recommends approval of TSA 05-1 and MPR 05-10, subject to conditions, and adoption
of Resolutions 05-44 and 05-52, respectively
Mr. Whittenberg added that the letter in opposition was from Grace Tarasclo, of 111
Welcome Lane, which lies directly across the common walkway from 74 R/versea He
also noted that an Errata page to the Staff Report was provided, indicating that there
had been a miscalculation of the lot area and provides the corrected measurements for
the size of the lot to 744 square feet, with the total new lot size of 863 square feet.
Commissioner Questions
Commissioner Deaton asked If this would have any beanng on the bUilding. Mr
Whittenberg stated that it would not and the setback would remain at 3 feet on all 4
sides, regardless of whether the PC approves the TSA.
Chairperson Shanks clanfied that the proposal has been approved by the SBAHC Ms
Teague confirmed that It was approved
Public Heanna
Chairperson Shanks opened the public heanng.
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Glen Clarke stated that he does not object to the 2-story cabana, but he does oppose
the TSA He said that adding 16 percent more area to the property at 74 Riversea
raises the issue of creating a precedent for the other 16 residents facing the greenbelt.
He stated that in 1978 when the SBTP was relocated from ItS prevIous location on
Marina Drive to ItS present location, the owner, Bill Dawson, applied for and received a
waiver from the California Department of Housing and Community Development
(CHCD), which allowed 2-story cabanas and created the greenbelt with the condition
that sufficient access be provided in the middle of the greenbelt for emergency vehicles
and equipment. He explained that throughout the State of California all mobile home
parks and home sites must have direct access to a road or dnveway, except for the
SBTP, because of thiS waiver He urged the PC to deny the request for the TSA and
grant the MPR.
Karen Tarasclo of 111 Welcome Lane prOVided a map of the SBTP to the PC and
pointed out that she had highlighted the lots at 74 Rlversea Road and 111 Welcome
Lane, as well as the sidewalks that run throughout the greenbelt She noted the
dlspanty in the size of the lots that run along the greenbelt In companson to the lots
along the perimeter Mr Whittenberg Interjected that Attachment 6 of the Staff Report
prOVides a copy of the portion of the greenbelt area showing the lots In question. Ms.
Tarasclo referred to Page 4 of a handout provided to the Commissioners and then read
through the document. (Document is on file for inspection in the Planning Department)
Chairperson Shanks noted that technically he had erred in not allowing Ms. Tarascio to
speak during Oral Communications because thiS really is requesting something totally
unrelated to MPR 05-10 and TSA 05-1 and would have to be taken up with the Director
of Development Services and with SBAHC
Ken Williams, agent for Sheila aden, suggested that this Item be continued to a future
date In order to allow a time to meet With other concerned reSidents. He stated the unit
as planned for 74 Riversea Road would be placed where the trailer already exists and
the TSA would provide the documentation that would allow thiS Without taking any
space away from any of the nelghbonng lots He inVited the Commissioners to VISit the
site in order to facilitate making a decision that would work for everyone concerned.
There being no one else wishing to speak, Chairperson Shanks closed the public
heanng.
)
Mr. Whittenberg proVided c1anflcatlon on the funding of loan applications for units within
the SBTP, which he explained is totally separate from what the PC IS consldenng
tonight for MPR 05-10 and TSA 05-1 He stated that an application for a TSA could
only be presented before the PC when the owner of the SBTP agrees to have the
application submitted to the City He said that this particular property has received thiS
approval from the SBAHC and the PC has the discretion on how It chooses to proceed
He noted that once the application IS submitted to the City, by law the City must take
action on It Within a certain penod of time. If this does not occur, the application is
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automatically deemed complete and is approved without the City taking any position on
It
Commissioner Question
Commissioner Deaton stated that with the TSA and having all of the smaller lots on the
Interior, would the City be looking at TSAs for everyone In order to upgrade the homes
In the SBTP, and If so, what would happen as far as fire and safety access is
concerned Mr Whittenberg stated that as far as other applications for TSAs, this would
be strictly up to the SBAHC and whether they want to approve these, and With regard to
fire access, Ms Teague met on the premises With a representative from the Orange
County Fire Authonty (OCFA) and their response was that as long as the unit itself has
indoor spnnklers, they had no concern with the reduction In the "public walkway area"
Commissioner Deaton asked whether the City would be able to allow all of the
homeowners In the SBTP to receive approval for a TSA in order to construct the new
minimum size homes, or would only some of the homeowners be allowed to do this?
Mr Whittenberg reiterated that this would be at the discretion of the SBAHC, but If they
were to approve this, the City would allow this; however, he noted that the OCFA might
have some concerns, particularly with the homes along the greenbelt area.
Commissioner Deaton stated that perhaps the PC could ask the SBAHC to come up
With a Master Plan for what they wish to do for the homes in the SBTP She noted that
eventually these homes Will need to be replaced, and if thiS is done piecemeal by lot, it
Will eventually get to the point where the OCFA may have some serious objections to
making a lot size adjustment Mr Whittenberg stated that the request can be made,
and It would then be entirely up to the SBAHC as to how they wish to respond. He
recommended checking the Permit Streamllnrng Act provIsions to ascertain what the
deadline date would be for taking action on this application so that It IS not automatically
approved meanwhile the discussion on the SBTP continues.
Commissioner Roberts stated that he would like to be more educated and pro-active on
thIS Issue and he strongly agrees With Commissioner Deaton's proposal
Chairperson Shanks stated that he goes back a long way With the SBTP, having served
as Chairperson of the Relocation Appeals Board, and thiS park has always been a
problem because everyone lives so close to one another and the lots were not
necessarily handed out in the most logical manner. He stated that although
Commissioner Deaton's basIc Idea IS sound, he would prefer to see MPR 05-10 and
TSA 05-1 approved tqnrght and then proceed With the request for the Master Plan as
proposed. He Indicated that he does not see any reason to hold up thiS application until
January 2006 pending the appeal to the SBAHC.
MOTION by Deaton, SECOND by Roberts to continue Minor Plan Review 05-10 and
Trailer Space Adjustment 05-1 to the Planning CommisSion meeting of January 18,
2006, and direct Staff to request that the Seal Beach Affordable Housing Corporation
prOVide a Master Plan for the interior lots Within the Seal Beach Trailer Park
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MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-1-1
Deaton, Ladner, and Roberts
Shanks
O'Malley
Mr Whittenberg asked If the PC wished re-open the public hearing so that pubic notice
would not have to be re-clrculated for the Items continued to January 18, 2006
Chairperson Shanks requested a motion to re-open the public hearing
MOTION by Deaton; SECOND by Roberts to re-open the public hearing for Minor Plan
Review 05-10 and Trailer Space Adjustment 05-1 and to continue the matter to January
18,2006
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Shanks, Deaton, Ladner, and Roberts
None
O'Malley
Mr Whittenberg noted that all parties that spoke dUring the public hearing were stili
present and so notified of the continued date for conSideration of this matter
5. Conditional Use Permit 05-11
320 Main Street
Applicant/Owner.
Request'
C. Mlngura & R. Marshall I Fred & Janet Reidman
To add a 145-square foot outdoor dining area, upgrade the
current alcohol sales license from beer and wine to a full
alcohol license (Type 47), change the approved hours of
operation from 10'30 a m to 11 00 pm on Friday and
Saturday to 10.30 a.m. to midnight, and to allow live
entertainment on Friday, Saturday, and Sunday.
Recommendation'
Approval and adoption of Resolution 05-53, subject to
conditions, and as may be further revised by the
Commission after conSidering public testimony.
Staff Report
Mr. Whittenberg 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 thiS IS an existing restaurant that was approved a number of years ago and
was occupied for many years by Bayou St. John. He said that approximately 2 years
ago the name of the restaurant was changed to "Caroline's" He indicated that the
restaurant currently measure 1 ,955 square feet, With 870 square feet used for seating,
for a total of 64 seats. He stated that the applicant proposes to add 14 seats In a new
bar area and 720 square feet are currently used for the kitchen and service areas, With
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the remaining 365 square feet utilized for restrooms, hallways, and other storage areas
He reported that the original construction of the multi-tenant building was approved
under Vanance (VAR) 84-11 In 1984 and currently there are four businesses in this two-
story structure He explained that Conditional Use Permit (CUP) 85-29 was approved
by the Planning Commission (PC) In December 1985 for the initial approval for the on-
sale of beer and wine, and the premises has been operating under this license for 20
years He stated that as part of the approval of VAR 84-11 the property was reqUired to
participate In the City'S in-lieu parking program that was in place at that pOint for the 26
spaces granted with the V AR. He noted that there are only 5 parking spaces provided
at the rear of the property for the 4-tenant uses on the property Mr Whittenberg then
indicated that the Seal Beach Police Department (SBPD) has reviewed the application
and has no concerns With regard to the outdoor dining area proposed for the front of
the restaurant, Staff has no concerns with permItting thiS, as there are several
establishments along Main Street that either have outdoor or semi-enclosed dining
areas He stated that the proposed outdoor dining area would not have a solid roof, but
a trellis structure for shade would be constructed and planters are proposed to separate
the patio area from the public right-of-way The Director of Development Services
explained that one of the proposed conditions of approval IS the requirement of a
minimum 42-lnch high wall of a decorative nature to be approved by the Planning
Department, in compliance With the general standards as approved by the PC for other
outdoor dining areas where alcohol is to be served With regard to the change to a
general liquor license, under Alcohol & Beverage Control (ABC) criteria since the
establishment is already licensed for alcohol sales on premises, It has no affect on the
Issue of over-concentration of alcohol licenses. Mr Whittenberg noted that Staff has
provided Incident reports from SBPD In the Staff Report for all reported alcohol and drug
related inCidents along Main Street and the 300 block is by far the least Impacted by this
type of problem. With regard to the change In the hours of operation, Mr. Whittenberg
reported that after reviewing the City Ordinances and discussion with the City Attorney's
office, Staff found that the PC really has no authOrity to grant a change In the hours over
what is stipulated in the Zoning Ordinance at this time. Currently for all restaurants on
Main Street City Code has established the hours of operation as up to 10'00 P m
Sunday through Thursday, and 11 00 P m on Friday and Saturday He then addressed
the issue of live entertainment and noted that he has worked for the CIty of Seal Beach
since 1989 and in 1992 a major issue arose regarding live entertainment at Papllllon's,
which was located at what is now the Hennessey's location He stated that after a
number of hearings over a period of approximately one year, the matter was ultimately
approved, but after opening the business the owner had live entertainment for
approximately 9 months and then decided to discontinue it He commented that this IS
the second application that he has seen for entertainment on Main Street, and the first
one to come In since the Main Street Specific Plan (MSSP) was adopted in 1996 He
noted that the MSSP does not prohibit live entertainment, but does require that It be
approved through a Conditional Use Permit (CUP). He stated that the application In this
case IS for a Jazz quartet to provide music on Friday and Saturday night With the musIc
piped through the eXisting restaurant sound system With which the proprietor can control
the volume The quartet would be located Within the enclosed portion of the restaurant
and would not perform In the outdoor patio He noted that a specific area for the live
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quartet has not been determined, and some tables would probably have to be removed
to accommodate thiS. He said Staff has made a recommendation for a location for the
mUSICians, but the PC could specify an area for this use He then indicated that Staff
has also Included conditions requinng that noise measurements be taken twice within
the first 6 months of operation to venfy that nOise levels generated are In compliance
with the City's NOise Ordinance and Inclusion of a condition for a 6-month review IS also
recommended He explained that with regard to the live musIc Staff considered that the
restaurant is within a two-story bUilding that faces Main Street, so noise would be
generated out toward Main Street and be absorbed by traffic nOise, etc. He said that
Staff recommends approval, subject to conditions.
Commissioner Questions
Commissioner Ladner asked if there would be any outdoor speakers. Mr Whittenberg
stated that there are no speakers on the outside of the bUilding. Commissioner Ladner
asked If there are plans to add speakers. Mr. Whittenberg stated that they are not
shown on any of the plans submitted.
Commissioner Roberts asked if the back doors are to remain open during business
hours Mr Whittenberg stated that the doors are required-to remain unlocked, but the
only business that he knows of that is required to keep the back doors closed is Taco
Surf near Surfside
Chairperson Shanks asked other than Walt's Wharf, which other restaurants along the
200 and 300 block of Main Street have general liquor licenses Mr Whittenberg stated
that there were no others that he could think of. A member of the public Interjected that
The Abbey on the 300 block does serve hard liquor
Public Heanna
Chairperson Shanks opened the public hearing
Rob Marshall, one of the applicants, stated that he and Mr. Mingura look forward to the
opportunity to serve everyone In Seal Beach. He said they understand the concerns
over the service of hard liquor, but they would like to bnng a new restaurant to Seal
Beach that provides Amencan cUisine with a California flair and would like to
accommodate their patrons with distilled splnts He noted that they would place an
emphasis on California wines. He noted that currently there IS one outside speaker,
and the plan is to eventually have a Saturday/Sunday brunch with music provided inside
the restaurant by a jazz quartet. Commissioner Ladner asked If any additional speakers
are to be added Mr Marshall stated that there are no plans for thiS, and If the speaker
IS a concern, It can be removed. Commissioner Ladner asked If a band would ever be
plaYing music. Mr Marshall stated that a 4-plece ensemble would be the maximum for
musicians Commissioner Roberts asked If the bar area IS to be new Mr Marshall
descnbed the proposed bar area. Commissioner Roberts expressed his concerns over
converting more than 20 percent of the existing seating area into a sit-down bar and the
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potential for this restaurant becoming a "local watering hole." Mr Marshall stated that In
re-evaluatlng the bar area, it will have 12 seats instead of 14 and not all of this seating
Will be for the bar, as part of thiS would be for a service area for the kitchen and to
accommodate single patrons. He noted that the emphaSIS would be as a restaurant
and not a "bar." Commissioner Deaton asked for clarification on the center area of the
restaurant Mr Marshall stated that 3-lnch metal columns that run through the
restaurant support the structure, and one of these is to be used for a partition with
plants to separate the dining room and booths are to be placed on either side of this
partition.
Gen West, 1301-8 Electric Avenue, spoke in opposition to thiS application and noted
that it would be difficult to seat 60 people Within an 870 square foot area She
expressed her concern about parking for the patrons and employees of this new
establishment, noting that under VAR 84-11 parking for thiS property was to have been
provided by St. Anne's Church; however, neither the church diocese nor the City had
been provided with a copy of thiS agreement She stated that there are already 7 full
bars within the 3 blocks along Main Street, and 10 beer and wine bars, and noted that
her hometown of New Orleans has less than thiS in 3 blocks along Bourbon Street
Roger West stated that this is not a restaurant but a "nightclub" With no parking, and
meets none of the City reqUirements He cautioned that If thiS IS approved, It would set
a precedent for all the other eXisting restaurants serving alcohol and any new
restaurants coming Into Seal Beach.
David Rosenman stated that he has contacted A8C regarding their original provISions
for hard liquor versus beer and wine, but has not yet received a response. He indicated
that the in-lieu parking as noted In the Staff Report is inadequate as it is non-existent,
making the Staff Report erroneous He shared that regarding the approval for
entertainment for Papllllon's, two of the then seated council members later stated to him
that thiS had been the biggest mistake of their council careers, as It qUickly progressed
from a restaurant to Just a bar He cautioned that many residents throughout the city
would be displeased should thiS receive approval He recommended denial of the
general liquor license, removal of the outdoor speaker, reqUirement for the provision of
adequate parking, and correct calculation of In-lieu fees.
Mitzi Morton stated that the restaurant proposes to accommodate 104 people In a
4-tenant building that provides 5 parking spaces for tenants only She noted that the
money from In-lieu parking fees was expected to be utilized to purchase parking spaces
for Main Street, and now all of this money has disappeared, and the City IS charging
$3,500 for an in-lieu parking space that would cost the City $10,000 to put In place. She
indicated that many establishments With In-lieu parking agreements are In arrears With
the fees. She also spoke in opposition to approval of entertainment and the service of
hard liquor, stating that this would be asking for more problems like those reported on
the 100 block.
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Joyce Parque stated that this location was previously a restaurant so the applicant
should be allowed to have a restaurant, and if they prove to be good neighbors they can
return to the PC to request approval for the liquor license and live entertainment She
recalled the extended problems experienced With a spaghetti house formerly located In
the Walt's Wharf bUilding that had live entertainment, and cautioned that the City did not
want to experience thiS same situation should they allow live entertainment
Chi Kredell spoke In opposItIon noting the same problem location at the Walt's Wharf
bUilding and stated that he believes he expresses the general feeling of most Seal
Beach residents when he states that they don't want live entertainment on Main Street.
He emphasized that the City Code should be adhered to Without making allowances for
specific requests. He recommended denial of hard liquor and live entertainment.
Nancy Kredell stated that she had served on the Main Street Revitalization Committee
approximately 12 years ago and they had encouraged the outdoor dining She noted
that the Founders Day committee recently conducted its meetings at Caroline's every
Monday night and usually there were very few patrons In the restaurant, and there was
stili no parkIng avaIlable near the restaurant. She emphaSized that a family atmosphere
is important to the residents of thiS City. She recommended denial of the liquor license
and live entertainment
Mano Voce spoke regarding intensification of land use, stating that he recalls the battle
descnbed by Ms. Parque, whIch took a lot of time away from his family to come and
speak against the approval of live entertainment He commented that he empathizes
With the residents surrounding Main Street and the decisions made by the PC can have
many ramifications
Mr WhIttenberg noted for the record that Attachment 6 of the Staff Report IS a letter In
opposition to CUP 05-11 from Ann Cook at 339 Tenth Street
Rob Marshall stated that he understands the desire to maintain the small town
atmosphere and also the concerns over the live musIc. He inquired about conditioning
the live musIc With regard to decIbel level, etc to help mitigate the nOise levels
There being no one else wishing to speak, Chairperson Shanks closed the public
hearing
CommIssIoner Comments
Commissioner Roberts asked about the current number of seats In the restaurant and
the arrangement, and whether this adjusted when the restaurant was purchased? Mr.
Marshall reported that currently there are 60 seats allowed, and the plans for the new
layout show 8 seats at the bar WIth less than 60 other Indoor seats, and when combined
With the outdoor dining area, there Will be approximately 75-80 seats altogether
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CommiSSioner Deaton Inquired about how in-lieu fees are calculated. Mr. Whittenberg
responded that in-lieu fees are based upon square footage, with the requirement of 1
parking space for each 100 square feet of new restaurant area, including kitchens,
restrooms, and outdoor dining areas) for a one-time fee of $3,500 per space. He
explained that 320 Main Street would require 2 spaces for the 145 square feet of
proposed outdoor area, as the property on which the eXisting restaurant is located
already participates in a much older in-lieu parking program that was in place in 1984,
and pays a fee of $2,600 per year for the current bUilding. He noted that the addition of
the patio area is subject to the new fee of $3,500 per space Commissioner Deaton
stated that she is confused because when discussing Javatini's they were only allowed
to have a specific number of seats Mr. Whittenberg clanfled that under City Code a
coffee shop or dessert shop of less than 1,000 square feet with less than 10 seats
would be classified as a regular retail store and not as a restaurant and would require 1
parking space per 500 square feet of space He added that when reviewing the final
tenant plans, OCFA would determine the occupancy load for the Indoor and outdoor
dining areas. Commissioner Deaton then stated that she would not be able to approve
a bar In the restaurant, as the PC IS looking for another fine dining restaurant and not
another bar. She said that If Mr Marshall removes the bar and the live music, she
would not have a problem in voting to approve. Mr. Marshall stated that he understands
not granting the liquor license, but he would prefer to keep the bar for the benefit of their
single patrons Commissioner Deaton asked if Mr Marshall would prefer to have the
bar With only beer and Wine, or no bar and the general liquor license? Mr Marshall
stated that he would prefer to have the bar.
Mr Whittenberg called for a 5-mlnute recess. The meeting recessed at 9 45 P m
The meeting reconvened at 9 50 P m
Mr. Abbe stated that during the break a number of the members of the public spoke With
the Commissioners and he requested that If any conversation was conducted regarding
the Item on the agenda that the Commissioners bnefly disclose that information at thiS
time He cited the applicant's due process nght to rebut anythIng that was said.
CommisSioner Deaton stated that her diSCUSSion With the public was regarding parking
problems and finding parking spaces.
Chairperson Shanks stated that he IS opposed to the bar, the hard liquor, and live
entertainment, noting that If live music IS approved the PC would be glutted With
requests for approval of live musIc at the other restaurants on Main Street He
emphaSized that thiS issue has been discussed time and again With the same
determination. ThiS not wanted in Seal Beach. He said he had no problem With the
outdoor patio or the continued service of beer and wine.
Commissioner Roberts stated that he could accept Mr Marshall's compromise to seek
approval for the bar and to continue serve beer and wine only He said that he is not as
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opposed to the entertainment as the other Commissioners, but he would vote with the
PC on this one, and he would vote to approve the patio.
Commissioner Ladner stated that with a nOise level limit of 65 dBA for the outdoor
speaker, he does not believe that It would be a problem with the entertainment,
particularly with the traffic and outdoor noises along Main Street. He indicated that the
noise levels could be monitored for 6 months to determine If they are exceeding the
minimum allowed. He stated that he would approve all of the requested Items except
the service of hard liquor, and he agreed with Mr. Marshall's proposal to only serve the
beer and wine and after 6 months reapply for approval to serve hard liquor
Commissioner Deaton moved to approve a restaurant with the existing beer and wine
license, to allow the outdoor dining patio with a 42-lnch wall as recommended by Staff,
to deny live music except through the approval of a Special Event Permit, and to limit
bar seating to 8 bar seats She stated that she IS stili concerned about parking, but
because this is an eXisting restaurant there is nothing the PC can do about this She
said she Wished to go on record that the City must figure out a way to create more
parking spaces.
Mr. Whittenberg Interjected that Staff would prepare a resolution to reflect the PC
motion as indicated above and return With thiS resolution for adoption at a later date.
Commissioner Roberts asked If the PC Wished to Impose a 6-month or 12-month review
penod The Commission unanimously agreed to a 6-month review period
MOTION by Deaton; SECOND by Roberts to direct Staff to prepare a Resolution for
Conditional Use Permit 05-11 to approve a restaurant With the eXisting beer and wine
license, to allow the outdoor dining patio With a 42-lnch wall as recommended by Staff,
to deny live musIc except through the approval of a SpeCial Event PermIt, to limIt bar
seating to 8 bar seats, and that CUP 05-11 be subject to a 6-month review
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-1-1
Shanks, Deaton, and Roberts
Ladner
O'Malley
Mr Whittenberg stated that there IS no final decIsion at thiS point and Staff will prepare a
resolution for presentation at the December 7,2005 Planning Commission meeting that
reflects the intent for final PC review. He noted that once the PC takes action to adopt a
resolution then the 1 O-day appeal period will begin
Mr Abbe clanfled that thiS resolution would not be a public heanng Item, so there would
be no need to present additional testimony.
6. Conditional Use Permit 05-14
302 Main Street
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Applicant/Owner.
Request
Michael Rosetti/ Henry K Warno
To establish a new restaurant with a Type 47 alcohol license
(full service) with operating hours of 10'30 a m. to 11 00 P m
Sunday to Thursday, and 10'30 a m to midnight on Fnday
and Saturday.
Approval and adoption of Resolution 05-62, subject to
conditions, and as may be further revised by the
Commission after considering public testimony
Recommendation'
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection In the
Planning Department.) He provided some background information on this item and
explained that the application IS to convert a portion of the old Corner Drug Store
bUilding into a new restaurant wIth a full liquor license allowing the sale of distilled
splnts. He again noted that the PC does not have the authonty to change the hours so
the PC would only be considering the establishment of the restaurant and the service of
alcohol He reviewed the parking standards as 1 parking space per 100 square feet of
floor area, which would create the reqUirement of 19 parking spaces for this location.
He stated that under the provIsions of the Main Street Specific Plan (MSSP) parking
standards It has been given a credit for two parking spaces for the previous use as a
drugstore, leaving a remaining reqUirement of 17 spaces at the $3,500 per space fee.
He then noted that Page 6 of the Staff Report provides current information on the
number of licenses under ABC crltena for over concentration broken down by census
tracts with Tract 995 11 comprising Old Town from Pacific Coast Highway (PCH) to the
Electnc Avenue/Manna Dnve area and Tract 995 12 encompassing the remainder the
coastal Old Town area down to the Pacific Ocean He explained that ABC criteria IS
based upon average population throughout Orange County and allows one on-premise
license per 952 residents, which would translate Into an over concentration If there are
more than 7 on-premise licenses within the Old Town area, and currently there are 25
eXisting licenses Within Old Town, which Includes Main Street, and businesses along
PCH and Marina Drive He stated that under the CUP requirements the City retains the
ability to review applications for new on or off-premise liquor licenses and make case-
by-case determinations as to whether a new use IS appropnate Within the community
and can be conditioned so that it IS not detnmental to the surrounding neighborhood.
He then reviewed the overview of statistics from SBPD regarding reported Incidents for
2004 as listed on Pages 8 and 9 of the Staff Report. The Director of Development
Services then indicated that there are 4 businesses on the property, Including The
Abbey Restaurant, The Furnace, and a new bedding shop, and for this 302 Main Street
there IS no parking provided.
Commissioner Questions
Commissioner Deaton asked for an explanation of how these larger bUildings can be
subdiVided without having to come before the Planning Commission (PC). Mr.
Whittenberg stated that there is no City Ordinance that reqUires that a subdivision of
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store space to come before the PC He indicated that this IS only required when a use
IS proposed for an area within a commercial bUilding that requires approval of a
Conditional Use Permit (CUP). Commissioner Deaton expressed her concern with the
subdivision of a bUilding and creating more businesses and more parking shortages
Mr Whittenberg noted that In order to address this concern it would require an
amendment to the MSSP and to the Main Street Zoning Standards.
Chairperson Shanks opened the public hearing.
MIchael Rosetti stated that he grew up in this area and now he wants to add to the city
by proViding a HawaIIan theme restaurant He Indicated that the restaurant designer,
Davis Crimmins, has also lived In Seal Beach and is very familiar with It Mr. Rosetti
stated that he has worked In and knows the restaurant business very well and he
believes thiS small restaurant will be a good fit for Seal Beach. With regard to parking,
he stated that they are willing to help the parking situation and pay the in-lieu fees.
CommIssIoner Roberts noted that the bar area appears to be very large relative to the
overall floor area, which will be a problem Mr Rosetti stated that there are 8 seats at
the bar, With 2 additional seats for handicapped use Commissioner Roberts asked If
the plan Includes a full bar or Just tropical drinks. Mr. Rosetti stated that they would
feature tropical drinks, but would have a full bar
Joyce Parque spoke In opposition and questioned how this application could have been
accepted when there IS no parking available. She stated that all of the restaurants in
town had been grandfathered in and the only way to start a new restaurant would be to
purchase an eXisting restaurant
Chairperson Shanks asked for a qUick explanation of the amount Mr Rosetti would
have to pay for additional parking Mr Whittenberg referred to Page 33 of the Staff
Report and explained that the MSSP Zoning standards allow for approval of certain
uses through the CUP process, such as coffee houses, dessert shops, etc., With seating
for more than 10 customers and when the gross square footage exceeds 1,000 feet;
also, automatic Ice vending and coin-operated amusement machines, commercial
actIVIties operating between the hours of 2'00 a.m. and 6.00 am, entertainment cafes,
gas stations located on a major arteria', liquor establishments as part of a grocery store,
movie theaters, parking garages, pet shops, private parking lots, professional offices
facing Main Street or Ocean Avenue, recycling facilities, and restaurants With or Without
alcohol sales. The City Will not prohibit anyone from applYing for a CUP to establish any
of these uses on Main Street, and when an application comes before the PC, the
Commission deCides whether to approve, deny, or approve the application subject to
any conditions they feel are appropriate. The Director of Development Services
Indicated that Staff IS required by law to accept an application that meets all of the
standards of state law and City requirements He emphaSized that no one can be
denied application for a CUP when the Zoning laws allow thiS With regard to thiS
application, Mr Whittenberg reported that It would require 17 in-lieu parking spaces for
a one-time fee of $3,500 per space for a total fee of $59,500.
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Mano Voce stated that the reason for the low incident rate for the 300 block of Main
Street as reported by SBPD IS due to the lack of bars along this block He Indicated that
as the number of bars is Increased there will be more incidents occurring
David Rosenman stated that even with the smaller bar he IS stili troubled by this
proposal. He questioned the success of another restaurant In this area and noted that
many restaurants make up for the lack of dining sales through the sale of hard liquor
He agreed with Commissioner Deaton's suggestion that the assistance of City Council
be sought to seek a solution to the parking problem. He said that thiS looks like a bar
and Seal Beach doesn't need another bar.
Mitzi Morton spoke In opposition and asked for clanflcation on what the total seating for
the restaurant would be Commissioner Roberts reported that the seating IS appears to
be approximately 24 Mr. Whittenberg added that the ultimate seating would be
determined by the OCFA Ms Morton inqUired about the parking for the proposed
restaurant Mr Whittenberg stated that for the 1,865 square foot area for the new
restaurant would require 19 parking spaces, with a credit of 2 parking spaces granted
for the parking grandfathered In with the former drugstore use, leaVing a requirement of
17 parking spaces Ms Morton explained that with all of the restaurant uses on Main
Street with no parking, patrons are parking on Eighth and Tenth Streets and City
residents are not able to find a parking space when they wish to shop on Main Street
Roger West spoke In opposition and noted that the church behind this property also has
a parking problem, so perhaps a parking agreement could be worked out between the
church and the restaurant He stated that thiS IS Just a "saloon under the gUise of a
restaurant. "
Commissioner Deaton asked how many patrons Mr. Brian Rosetti feels he would have
to seat In order for thiS restaurant to be successful Mr. Rosetti stated that they would
need 48 seats. He said that he has vIsited Seal Beach for many years and enJoys
eating at Walt's Wharf, but he does feel that there are many good restaurants on Main
Street, and he believes that they can bnng something more upper class that would
serve high quality food. He stated that he and his brother have worked in many
restaurants and have learned that good food and good service are a priority, with drinks
being secondary.
There being no one else wishing to speak, Chairperson Shanks closed the public
hearing.
Commissioner Comments
Commissioner Roberts stated that the arrest statistics have hit home With him and he
cannot In good conscIous contribute to thiS by approving any type of alcohol service for
thiS restaurant
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Commissioner Deaton stated that the City stIli needs to resolve the parking Issue, as
$60,000 is a lot of money, and this stili does not provide parking for one car She said
she would vote to deny based upon parking and the request for liquor service Mr.
Whittenberg clanfied that the PC can deny CUP 05-14 as presented, or It can approve
the restaurant without the sale of alcohol. He stated that If the restaurant IS approved
without alcohol, the ZOning Ordinance automatically allows for the utilization of the In-
lieu parking program to meet the parking standard, and would not have the authonty to
say no to the in-lieu parking, as this IS left to the discretion of the Director of
Development Services, but an appeal to the PC can be made once a The Director of
makes a deciSion, and this would require a public hearing and would only happen If the
PC were to approve the restaurant and deny the alcohol service. Commissioner Deaton
asked on what grounds the PC could deny the restaurant. Mr Whittenberg explained
that the PC could deny based upon incompatibility of the restaurant With the
neighborhood.
Chairperson Shanks stated that what CommIssioner Deaton IS referring to is whether
the proposed used does not conflict with the MSSP goal to establish and maintain a
balanced mix of uses that serve the needs of both local and non-local populations Mr.
Whittenberg added that this would be one of the areas of findings that Staff could look
at, and there is a specified set of findings for CUPs in the MSSP, and if the PC feels the
restaurant use does not comply with those findings, then Staff could return to the PC
With a final resolution that incorporates these findings Chairperson Shanks stated that
from an aesthetIc point, the wall along the old railroad nght-of-way is a solid wall, and If
this were to be a nice restaurant, windows could be placed here instead to provide a
more aesthetic look Chairperson Shanks also noted that In the past the PC has
approved restaurants With alcohol service, and If the food service doesn't go well, then
alcohol seems to become more Important and restaurants being promoting "happy
hours" and alcohol sales increase. He then requested a motion
MOTION by Deaton; SECOND by Roberts to direct Staff to prepare a Resolution for
Conditional Use Permit 05-14 to approve a restaurant and deny the sale of alcohol
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Shanks, Deaton, Ladner, and Roberts
None
O'Malley
Mr Whittenberg stated that there is no final decision at this point and Staff will prepare a
resolution for presentation at the December 7,2005 Planning Commission meeting that
reflects the Intent for final PC review He noted that once the PC takes action to adopt a
resolution then the 10-day appeal penod Will begin
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2 Mitigated Negative Declaration 05-4
Specific Plan Amendment 05-1
Site Plan Review 05-1
Conditional Use Permit 05-12
2301-2499 Seal Beach Boulevard
Applicant"
Owner.
Request"
Panattoni Development Co. and The Boeing Co
The Boeing Co c/o Boeing Realty Corporation
Construction of four (4) new bUildings for a total of 85,009
sq ft Specifically, Building 1 is a proposed 65,484 sq ft
hotel, BUilding 2 is a proposed 10,725 sq ft building of retail
and in-line food uses, BUilding 3 is a proposed 5,400 sq. ft
retail bUilding, and BUilding 4 is a proposed 3,400 sq ft
restaurant. The application Includes the following requests.
Adoption of Mitigated Negative Declaration 05-4, Specific
Plan Amendment 05-1 to alter the Boeing Space &
Communications Group SpeCific Plan, including changing
the height from 40 feet maximum to 55 feet maximum for the
hotel; changing the Land Use Summary Table 3-1 of the
SpeCifiC Plan to redistribute changed square footages of
buildings and Increasing the total from 84,757 sq. ft to
85,009 sq. ft., an Increase of 252 sq ft, within the allowable
87,500 sq ft set forth In Table 2-1 of the SpeCifiC Plan,
changing the minimum building setback adjacent to Seal
Beach Blvd from 35 feet to 20 feet, changing the minimum
bUilding setback adjacent to Westminster Ave from 35 feet
to 30 feet, SIte Plan RevIew 05-1, and Conditional Use
Permit 05-12 for 24-hour operations and alcohol sales In
conjunction with proposed 11 O-room hotel
Recommendation.
Approval and adoption of Resolution Nos. 05-56, 05-57, 05-
58, and 05-59, respectively, subject to conditions
Commissioner Roberts recused himself from hearing Item No.2, as he receives a
retirement pension from Boeing Integrated Defense Systems (BIDS).
A request was made for a 5-mlnute recess. Chairperson Shanks called for a recess at
10:50 p m.
The Meeting reconvened at 10'55 pm
Staff Report
Ms. Teague delivered the staff report (Staff Report is on file for inspection In the
Planning Department) She provided some background information on thiS Item and
stated that overall development plan IS for approximately 4 5 acres of land known as the
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Boeing Specific Plan Area 4 (PA4) , and IS the only area of this property designated for
commercial development in the greater 107 -acre Specific Plan Area. She Indicated that
the Planning Commission (PC) and City Council (CC) approved the Environmental
Impact Report (EIR) and the BSP In 2002. She stated that she would Individually
present each application and recommendations for approval
Mitigated Negative Declaration (MND) 05-4
Ms Teague stated that MND 05-4 has been submitted for approval with 57 Mitigation
Measures (MM) as written in the proposed Resolution 05-56 She stated that the
environmental consultant from RBF IS present tonight to respond to any questions from
the PC. She Indicated that the public review period has closed, and a copy of the
response to comments document has been Included In the Staff Report. She noted that
MM 41, which has to do With the drainage onto Seal Beach Boulevard (SBB), has been
resolved through the Boeing tract map; therefore, this MM Will be deleted. She stated
that Staff recommends approval of MND 05-4, subject to conditions, and adoption of
Resolution 05-56
Specific Plan Amendment (SPA) 05-1
Ms Teague explained that the Specific Plan (SP) currently allows a 120-room hotel
Within PA4 with a maximum height of 40 feet She indicated that the proposed hotel will
have 110 rooms and Will measure 46 feet 5 Inches high, With architectural projections at
the center of the structure measuring 54 feet 7 inches high, and also on each side of the
structure measuring 50 feet high She stated that the amendment proposes to change
the height limit from 40 feet to 55 feet to accommodate the proposed 4-story Hampton
Inn & SUites She noted that this would be the only building that would exceed the
40-foot height limit She said that the current required setbacks are 35 feet along both
Westminster Avenue and SBB, and SPA 05-1 revises the setback on Westminster
Avenue from 35 feet to 30 feet for a small portion of the northeast corner of the bUilding,
and from 35 feet to 20 feet along SBB for the 90 feet of frontage of the BUilding 3 shop
building She noted that setbacks are measured from the property line, which IS 10 feet
Inside the face of curbs Ms Teague then stated the proposed minor changes In square
footage in room sizes for the hotel and commercial bUildings have changed from what
was originally envisioned and Include the reduction of the total square footage from
2,210,500 sq ft to 2,209,000 sq ft
Site Plan Review (SPR) 05-1
The Senior Planner then explained that PA4 was deSignated for a hotel and commercial
land uses including retail, restaurant, and other commercial uses. She stated that the
particular bUilding development, parking, and landscaping have been deSigned
according to the Boeing SpecifiC Plan, with the exceptions addressed In the SPA. She
noted that the proposed buildings have prominent architectural features on all Sides, as
well as the roof lines, added articulation through bUilding finishes and contrasting paint,
to ensure a quality bUilding appearance that Will Integrate well With the remainder of the
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Boeing Planning Area bUIldings and the greater Boeing Pacific Gateway industrial park
Ms Teague then stated that analysis of the proposed SPR of the bUildings In PA4
indicates the proposed conformance with the Boeing Integrated Defense Systems
(BIDS) Specific Plan and compatibility with the neighborhood.
Conditional Use Permit (CUP) 05-12
CUP 05-12 is for approval for 24-hour operation of the hotel and for the on-sale alcohol
The proposed Hampton Inn & Suites currently has 10 other California locations With Its
own national reservations center Ms. Teague noted that the hotel does not propose an
on-site restaurant, although It proposes to offer complimentary breakfasts Within a
breakfast and prep area and pantry at the lobby level for this purpose. The hotel also
proposes minimal meeting rooms of approximately 400 sq. ft. to be located near the
lobby area, and most of the hotel area will be used for the 110 rooms ranging In size
from 378-556 sq ft She indicated that a pool and outdoor patio area are proposed at
the southwest corner of the hotel bUIlding With regard to the sale of alcohol, Ms
Teague, explained that there Will not be any dally events where alcohol would be
served, but the applicant is seeking approval of inCidental alcohol in conjunction With
occasional events With limited alcohol service, such as weddings, etc, a.nd a limited
selection of packaged beer and wine in the lobby gift shop. The applicant does not
propose a daily afternoon "happy hour." She noted that the Alcohol & Beverage Control
(ABC) license required for thiS is type 70, which restricts the sale of alcohol for on-site
consumption only She added that previously this type of license was approved for both
the Ayres Hotel and the Radisson Inn and no complaints form surrounding reSidential
neighborhoods have been received.
Ms. Teague then stated that Staff has received no response to the mailed or published
public notice on this matter She indicated that the representatives for Panattonl
Development and aTa Development for the hotel and from Boeing Realty Corporation
are present tOnight to respond to questions. She stated that Staff recommends
approval of the following items, subject to conditions and adoption of the proposed
resolutions as follows.
MND 05-4
SPA 05-1
SPR 05-1
CUP 05-12
Resolution 05-56 (exclude MM 41)
Resolution 05-57
Resolution 05-58
Resolution 05-59
Mr Whittenberg referred to Attachment 5, Page 6 of the Response to Comment
document and noted that Response 1-4 discusses the Window replacement program to
reduce interior nOIse levels for the residential Units Within Leisure World, across
Westminster Avenue He stated that In the 5th line from the bottom of this response
Staff indicates that the bUilding wall Itself generally reduces the interior noise level to
between 15 and deCibels ThiS should be corrected to read 15 and 20 deCibels.
Commissioner Questions
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Commissioner Ladner asked If hotel guests on the 4th floor would be able to look out
their windows and see Into the residences at Leisure World from this level Mr.
Whittenberg stated that he dId not have a response to thiS question, but he would tend
to think that with the angle between the Leisure World units closest to Westminster
Avenue and the property line wall and roof overhangs, probably all the hotel guests
would see would be the roofs. Ms. Teague interjected that according to the Site Plan
the corner of the hotel bUilding IS pointing toward Westminster Avenue and at the end of
the bUilding are the corridors with windows at the end of the hall. The rooms that face
directly toward Leisure World have no Windows and the rooms that face toward the
Boeing Property and outward toward the corner of Seal Beach Boulevard (SBB) and
Westminster Avenue have windows faCing away from Leisure World.
Commissioner Deaton asked about the landscaping Ms. Teague stated that the
requirements for construction in Planning Area 4 of the Boeing Specific Plan (BSP) are
that they meet the cntena as set forth in the BSP when it was approved In 2002. She
said no additional landscape requirements have been added Commissioner Deaton
inquired that IS she wished to add some end landscaping, under which Resolution would
thiS fall Ms Teague stated that If Commissioner Deaton were planning on making
suggestions for addition to landscaping around the hotel bUilding, It would be
appropnate to add a condition to CUP 05-12, or If the recommendations Will be for the
overall plan they could all be Included under Site Plan Review 05-1 Mr Whittenberg
referred to the set of folded plans that Include a conceptual landscape plan, and he
noted that the final landscape plan will be submitted to the Building Department and
Public Works Department, and Staff will review the plan to ensure that It complies to the
SP provisions and the conceptual plan He said that Public Works would review the
plans to ensure that the species of groundcovers, shrubs, and trees are appropnate for
Seal Beach, and Will also review the sprinkler systems for adequacy of irrigation
Chairperson Shanks asked what the height IS for the eXisting Boeing BUilding 81 Mr
Whittenberg estimated that Bldg 81 IS approximately 50 feet tall.
Public Hearina
Chairperson Shanks opened the public hearing
John Mehlgan, the representative for Panattoni Development, stated that the plan under
review tonight was developed by Panattonl, the City of Seal Beach, OTO Development,
who Will eventually construct the hotel, and the Boeing Realty Corporation He then
stated that thiS site was determined to be ideal to serve the immediate trade areas and
cOmmUnities, speCifically Leisure World, the Boeing Facility, and the Naval Weapons
Station (NWS), noting that extra time has been spent to make thiS development
pedestnan fnendly He explained that the architectural deSign attempts to continue the
Old Town theme, also a lot of time and effort was spent on the landscaping plan for the
ends of the bUildings to shield them from the street, and at the same time make thiS an
inViting retail expenence He added that extensive landscaping would be done along
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Westminster Avenue on the development side across the street from Leisure World He
noted that the large trees planned for planting would block to view from the upper hotel
floors across to Leisure World Mr. Mehigan then indicated that there are currently no
specific tenants for Retail BUildings 2, 3, and 4, but the vision is to have tenants,
restaurants, and retailers that will serve the 3 communities previously mentioned. He
stated that this is a very Important project for Panattoni and he has enjoyed a great
expenence In working with Staff and thanked Mr. Whittenberg, Ms Teague, and the
Director of Public Works for their assistance Commissioner Ladner Inquired about
hotel guest on the higher floors being able to look down into Leisure World homes Mr
Mehlgan explaIned that with the dense landscaping of trees planned for the area along
Westminster Avenue, this would be very difficult to do. Commissioner Lander Inquired
about whether the Primrose Restaurant is to remain. Mr Mehigan stated that he did not
have any Information on the Primrose. Commissioner Deaton stated that her concern IS
that the view of the hotel from the street is kind of stark. She asked If the hotel
developer would consider adding a condition to run some vines up the walls to help
soften the extenor Mr Mehigan stated that this could definitely be considered
Commissioner Deaton then stated that the only other thing about the plan that bothers
her are the drive-thru restaurants, rather than the nicer Sit-down type, as onginally
asked for Mr Mehlgan explained that today's market for a sit-down type of restaurant
would call for a location along Pacific Coast Highway (PCH). He noted that the larger
restaurant chains preferred a location closer to PCH
Carol Franz of Leisure World asked where the entrances of the hotel would be located.
The response was that entrances would come off of both Westminster Avenue and
SBB Ms Franz then Inquired about the entrances for the retail uses Mr Whittenberg
stated that there would be entrances off of both streets for all of the uses In the
proposed project Ms. Franz asked where the retail uses would be located Mr
Whittenberg stated that they would be located between the hotel and the eXisting
Boeing bUildings Ms Franz asked if double paned Windows are to be Installed In all of
the Leisure World Units that run along the wall near Westminster Avenue Mr
Whittenberg responded that there is a mitigation measure that requires that an offer to
proVide double paned Windows IS to be made to specifiC Units of Leisure World directly
across the street from the parking lot area proposed for conversion, Similar to what The
Boeing Company installed as a requirement for its project He noted that thiS would
Include a total of approximately 26 units. Ms. Franz the asked whether the bUilding
setbacks would affect traffic flow, noting that traffic along Westminster Avenue IS
already qUite heavy.
DaVId Rosenman spoke In opposition to approval of CUP 05-12 for the on-sale liquor
license allowing the sale of liquor in the hotel gift shop He stated that he prefers to see
the mini-bars In the hotel rooms, as thiS keeps the alcohol out of the public areas He
then suggested adding a condition that that tree planting go through the Seal Beach
Tree Committee, that works very hard to get a Unified plan for trees In Seal Beach. Mr.
Rosenman ended by expressing his concern over the size and height of the hotel
bUilding and wondered whether the FAA has prOVided comments on thiS proJect.
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Edmund Loritz of Leisure World stated that although doubled-paned windows have
been provided for some of the Units In the mutual facing the proposed project, he would
strongly recommend that any Unit facing the project should have the double-paned
windows, because of the projected increase In traffic and added nOise
John Mehigan stated that the Hampton Inn is designed in such a way that there really is
no social gathering area where guests can meet to have drinks. He noted that the
hotel does not advertise the sale of alcohol, as this service would be for the guests of
the hotel. He indicated that as far as the FAA IS concerned, the height of the hotel
would not be a problem at this location, and with regard to the double-paned windows,
the loudest construction noises usually come from pile driving when constructing tall
bUildings. He stated that pile driving will not be done for thiS project, and the cost for the
replacement of the 26 Units Identified within Leisure World will be a costly process
Chairperson Shanks asked If it were a common practice to sell liquor or beer In hotel gift
shops Mr Mehlgan stated that it is
There being no one else wishing to speak, Chairperson Shanks closed the public
hearing.
Commissioner Comments
Commissioner Deaton requested that a condition be added to require landscaping of
the sides of the hotel bUilding faCing the streets and on either side of the Windows.
Chairperson Shanks stated that he would vote to approve, but he does not agree with
the traffiC study statistics He then added that the plans show no sidewalk on the
Westminster Avenue side of the street from this project up to the area of the new
Boeing Project Mr Whittenberg stated that the Chairperson could allow for a response
to thiS question from the Boeing Realty Corp. Mr. Stephane Wandel of Boeing Realty
stated that they have worked With the City to either install new sidewalks where they are
nonexistent, and repair existing sidewalks all around the project from the western to
eastern end of the Boeing campus He said that the same requirement applies for
sidewalks that would run along the Seal Beach Boulevard (SBB) side of the property.
Mr. Wandel also added that deceleration lanes would be added to both Westminster
Avenue and SBB, which would help ease traffiC Into the retail area.
Commissioner Deaton asked If double-paned windows would be Installed for all Leisure
World Units faCing the Boeing property for the remaining projects. Mr. Whittenberg
stated that when The Boeing Company comes In for some new land use entitlement for
the eXisting campus faCIlities along Westminster Avenue, thiS condition would then be
Included In the approval He explained that under state law in order for the City to
impose thiS kind of condition there must be a reasonable nexus to a project In order to
do thiS.
MOTION by Deaton, SECOND by Ladner to adopt Mitigated Negative Declaration 05-4
and Resolution 05-56 In Conjunction With the Construction of Four New BUildings With
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CIty of Seal Beach Planning CommIssIon
Meeting Minutes of November 9, 2005
A Total of 85,009 Square Feet at 2301-2499 Seal Beach Boulevard, Seal Beach (Pacific
Gateway Plaza) and Delete Mitigation Measure 41.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Shanks, Deaton, and Ladner
None
O'Malley
Roberts
MOTION by Deaton; SECOND by Ladner to adopt Specific Plan Amendment 05-1 and
Resolution 05-57 To Amend the Height Limit to 55 Feet For the Hotel, To Amend the
Setbacks From 35 Feet To 30 Feet Along Westminster Avenue, and From 35 Feet To
20 Feet Along Seal Beach Boulevard, ~nd To Revise Sections 1 7 and 2.6, Land Use
Summary Table 1-3, Specific Plan Land Use Table 2-1, and Development Standards
Table 5-2 For Planning Area 4 of the Boeing Space & Communications Group Specific
Plan.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Shanks, Deaton, and Ladner
None
O'Malley
Roberts
MOTION by Deaton; SECOND by Ladner to approve Site Plan Review 05-1 and Adopt
Resolution 05-58 In Conjunction With Four New BUildings In the Boeing Space &
Communications Group Specific Plan, Located at 2301-2499 Seal Beach Boulevard,
Seal Beach (Pacific Gateway Plaza)
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Shanks, Deaton, and Ladner
None
O'Malley
Roberts
Mr Whittenberg provided proposed language for Condition No 7 as follows'
"Final landscaping and irrigation plans to be approved by CIty pnor to
issuance of BUIlding Permit These plans are to Incorporate screen trees
as approved by the Planning Department to soften the edges of the
bUIlding on both Westminster A venue and Seal Beach Boulevard. "
Mr. Whittenberg then referred to Condition No 4, sub-Item (a and offered the following
reVISion:
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of November 9, 2005
"The mitigation measures relevant to the requested development are set
forth In proposed Planning CommIssIon Resolution OS-56, provIded as
Attachment 1 (56 mItIgation measures)."
MOTION by Deaton, SECOND by Ladner approving Conditional Use Permit 05-12 and
adoption of Resolution 05-59 For a Hampton Inn & SUites Hotel Use with 24-Hour
Operations and Alcohol Sales Located at 2401 Seal Beach Boulevard, Seal Beach
(PaCific Gateway Plaza) as amended
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Shanks, Deaton, and Ladner
None
O'Malley
Roberts
Mr Abbe advised that the adoption of Resolution Nos. 05-56, 05-58, and 05-59 beginS
a 10-day calendar appeal period to the City Council The Commissioner action tonight
IS final and the appeal period begins tomorrow morning.
Mr Whittenberg explained that SpeCifiC Plan Amendment 05-1 will require City Council
(CC) approval, and will be scheduled for a future public heanng before CC, so no
appeal penod would apply to this item
Chairperson Shanks then reiterated that both Mitigated Negative Declaration 05-5 and
Zone Text Amendment 05-3 have been continued to the Planning Commission meeting
of December 7,2005.
STAFF CONCERNS
Mr Whittenberg apologized for the late meeting and on behalf of Staff Wished the
Commissioners a Happy Thanksgiving He also thanked Commissioner Deaton for her
participation in this late night meeting tonight despite her not feeling well.
COMMISSION CONCERNS
None
ADJOURNMENT
Chairperson Shanks adjourned the meeting at 11 50 p.m.
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Respectfully Submitted,
C'~(\J...~.r
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of November 9. 2005
The Commission on December 7, 2005, approved the Minutes of the Planning
Commission Meeting of Wednesday, November 9, 2005. Q.c... .
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