HomeMy WebLinkAboutPC Min 2005-03-09
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for March 9, 2005
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - Gary Roberts
District 5 - Phil Ladner
Department of Development Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Christy Teague, AICP, Senior Planner
Carmen Alvarez, Executive Secretary
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City Hall office hours are 7:00 a.m. to 6:00 p.m. Monday through Thursday and
Friday 8:00 a.m. to 4:00 p.m. Closed noon to 1 :00 p.m.
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The City of Seal Beach complies with the Americans with Disabilities Act. If you
need assistance to attend this meeting please telephone the City Clerk's Office at
least 48 hours in advance of the meeting at (562) 431-2527.
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Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday afternoons, Channel 3 at 4:00 p.m.
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Videotapes of Planning Commission meetings may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
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Copies of staff reports and/or 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 March 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 fJroceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for March 9, 2005
7:30 p.m.
I.
PLEDGE OF ALLEGIANCE
II.
ROLL CALL
III. AGENDA APPROVAL
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or
public to request an item be removed from the Consent Calendar for separate
action.
IV. ORAL COMMUNICATIONS
At this time, members of the public may address the Planning Commission
regarding any items within the subject matter jurisdiction of the Planning
Commission, provided that the Planning Commission may undertake no action or
discussion unless otherwise authorized by law.
V.
CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and are enacted by
one motion unless prior to enactment, a member of the Planning Commission,
staff, or the public requests a specific item be removed from the Consent
Calendar for separate action.
VI. SCHEDULED MATTERS
VII. PUBLIC HEARINGS
1. Conditional Use Permit 02-5 (Indefinite Extension)
12430-B Seal Beach Blvd. (Togo's/Baskin Robbins)
Continued from January 19, 2005
Applicant/Owner: Kevin Schrock for Van Morgan Eateries/Levine
Investments, LP
Request: To approve an Indefinite Extension of Conditional Use
Permit 02-5 for an existing restaurant, permitting an
outdoor seating area.
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City of Seal Beach Planning Commission' Agenda of March 9, 2005
Recommendation: Continue to March 23, 2005.
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2. Conditional Use Permit 00-11 (Indefinite Extension)
137 Main Street (Old Town Cafe)
Continued from February 23, 2005
Applicant/Owner:
Request:
Angel Lopez/Robert O'Rear
To approve an Indefinite Extension of Conditional Use
Permit 00-11 for an existing restaurant, permitting the
ability to remain open for dinner and to serve beer and
wine for on-sale consumption.
Recommendation: Approval subject to conditions and adoption of
Resolution 05-7.
3. Conditional Use Permit 02-6 (Indefinite Extension)
12800 Seal Beach Blvd. (Quizno's)
Continued from January 19, 2005
Applicant/Owner:
Request:
Mohammad Baghai/Seal Beach Land Partners
To approve an Indefinite Extension of Conditional Use
Permit 02-6 for an existing restaurant, permitting a
15-seat outdoor seating area.
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Recommendation: Approval subject to conditions and adoption of
Resolution 05-11.
4. Conditional Use Permit 05-2
3900 Lampson Avenue (Seal Beach Tennis Center)
Continued from February 23, 2005
Applicant/Owner: Eric Stephens/City of Seal Beach
Request: To approve the sale of beer and wine for on-site
consumption within an enclosed clubhouse. The sale
of beer and wine is proposed to be similar as the
previously approved Old Ranch Tennis Club. With the
new ownership, a new application is necessary from
California Alcohol & Beverage Control.
Recommendation: Approval subject to conditions and adoption of
Resolution 05-10.
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5. Variance 05-2
B-2 Surfside
Applicant/Owner: Marshalllninns/Andy and Laura Karich
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City of Seal Beach Planning Commission · Agenda of March 9, 2005
Request:
To construct a new single-family residence with a
proposed side setback of 6 inches, where the Seal
Beach Zoninq Code requires a side setback of 3 feet; a
proposed front setback of 6 inches, where the Code
requires a front setback of 2 feet 6 inches; and a
proposed rear setback of 6 inches on the first floor
where the Code requires 3 feet. A storage building
currently exists on the lot.
Recommendation: Denial and adoption of Resolution 05-6.
6. Conditional Use Permit 05-1
10 Marina Drive (J. Dee's Landing Bar & Grill)
Applicant/Owner:
Request:
John & Deanna Lewis /Rocky & Deborah Gentner
To approve a proposal for a restaurant in an existing
commercial building at 10 Marina Drive. Specifically,
the applicant proposes a full-service restaurant, bar,
and 35-seat outdoor patio with the sale of alcohol for
on-site consumption. Live entertainment is proposed
inside the restaurant only. Three video games and one
pool table are proposed in the restaurant.
Recommendation: Pleasure of the Planning Commission.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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Mar 23
Apr6
Apr20
May4
May 18
Jun 8
J u n 22
July6
July 20
Aug 3
Aug 17
Sep 7
Sep 21
Oct 5
Oct 19
Nov9
Nov 23
Dee 7
Dee 21
City of Seal Beach Planning Commission · Agenda of March 9, 2005
2005 AQenda Forecast
CUP 02-5 (Indefinite Extension) - Togo's / Baskin Robbins
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of March 9, 2005
Vice-Chairperson Shanks called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, March 9, 2005. The meeting was
held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Vice-Chairperson Shanks, Commissioners Deaton, Roberts, and Sharp.
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Christy Teague, AICP, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent: Chairperson Ladner
Mr. Whittenberg stated that it would be appropriate to excuse Chairperson Ladner from
tonight's meeting, as he had called to report that he would not be present tonight.
MOTION by Sharp; SECOND by Roberts to excuse Chairperson Ladner from tonight's
meeting.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Shanks, Deaton, Roberts, and Sharp
None
Ladner
AGENDA APPROVAL
Commissioner Deaton requested that Item NO.6 be placed before Item No.1, as most
of the members of the public present tonight are here to address Item 6.
MOTION by Deaton; SECOND by Sharp to approve the Agenda as amended.
MOTION CARRIED: 4 - 0 - 1
AYES: Shanks, Deaton, Roberts, and Sharp
NOES: None
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of March 9, 2005
ABSENT:
Ladner
Mr. Whittenberg noted for the record, that under the rules upon which the Planning
Commission (PC) operates and because there are only 4 Commissioners present
tonight, once a public hearing is concluded and the PC takes an action, if the action to
either approve or deny a project is a 2-2 vote, this would result in a denial of the
application, because there would not be a majority vote of the Commission. He
suggested to the PC that once public testimony is heard and the public hearing is
closed, if on the discussion at the PC level it appears that there may be a tie vote, Staff
would recommend that these items be continued to the next scheduled meeting when a
full Commission would be present.
ORAL COMMUNICATIONS
Vice-Chairperson Shanks opened oral communications.
Mr. Roger West spoke in opposition to setting up a "roadhouse" at 10 Marina Drive. He
stated that the applicant could not be serious. He commented that Main Street already
has more bars than Bourbon Street in New Orleans. He noted that this could not be
taken seriously.
There being no one else wishing to speak, Vice-Chairperson Shanks closed oral
communications.
CONSENT CALENDAR
None.
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
6. Conditional Use Permit 05-1
10 Marina Drive (J. Dee's Landing Bar & Grill)
Applicant/Owner:
Request:
John & Deanna Lewis /Rocky & Deborah Gentner
To approve a proposal for a restaurant in an existing
commercial building at 10 Marina Drive. Specifically, the
applicant proposes a full-service restaurant, bar, and 35-seat
outdoor patio with the sale of alcohol for on-site consumption.
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City of Seal Beach Planning Commission
Meeting Minutes of March 9, 2005
Live entertainment is proposed inside the restaurant only.
Three video games and one pool table are proposed in the
restaurant.
Recommendation: Pleasure of the Planning Commission.
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 the applicant intends to upgrade this property with landscaping, a new
parking lot, a rehabilitated building, and an outdoor patio. She noted that the property is
zoned C-1 Service Commercial, which allows restaurant uses; however, the application
does include the sale of alcohol, outdoor dining with 35 seats on a 400 square foot
patio, live entertainment, video games, and a pool table for the restaurant which would
require approval of a Conditional Use Permit (CUP). The Senior Planner then explained
that the applicant has provided a parking plan that meets the standards for the various
uses on the site. She described the current uses on the site as a large vacant steel
building and a boat repair shop with a two-car garage and a studio apartment above it.
She indicated that the parking requirement for restaurants is 1 space per 100 square
feet of gross building area, including the outdoor patio, kitchen, and service area, and
the proposed restaurant would require 28 parking spaces. She noted that the plan
provided by the applicant shows 28 parking spaces. Ms. Teague then stated that the
proposed hours of operation are 8:00 a.m. to 1 :00 a.m. Sunday through Thursday, and
8:00 a.m. to 2:00 a.m. on Fridays and Saturdays, but given the close proximity to the
residential area across Marina Drive, it would be recommended that the hours be
changed to no later than a midnight closing time, and an earlier closing time for the
patio Monday through Thursday. She reported that there is an over concentration of
alcohol licenses within this census tract, which includes the Main Street area. She
referred to the chart on Page 5 of the Staff Report. She noted that both the California
Department of Alcohol & Beverage Control (ABC) and City Council policy have a
guideline that restaurants serving alcohol should not be located within a 100-foot radius
of residential properties, and in this case there are less than 100 feet from the proposed
restaurant to the nearest residence at the Riverbeach Townhomes. The Senior Planner
continued by noting that an outdoor dining area with late night hours of operation and
live entertainment can result in excessive noise and because smoking is prohibited
within restaurants, there is a greater demand for outdoor patio seating for diners who
smoke. She then reviewed the proposed hours for live entertainment as listed on Page
6 of the Staff Report. She ended by stating that after the Planning Commission (PC)
has heard public testimony and made a determination, Staff will proceed to prepare a
resolution approving or denying this CUP based upon direction from the PC.
Vice-Chairperson Shanks asked if Staff had received telephone calls or correspondence
in favor or in opposition to this application. Ms. Teague reported that Staff has received
a letter of opposition from the Riverbeach Homeowners Association and e-mail
comments from Dr. Benjamin Silverman, a Riverbeach resident. Mr. Whittenberg
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City of Seal Beach Planning Commission
Meeting Minutes of March 9, 2005
interjected that a copy of two additional e-mail messages received from Dr. Silverman
have been provided to the Commissioners and attached to the Staff Report is a copy of
an e-mail message from Paul Worsham.
Commissioner Questions
None.
Public Hearinq
Vice-Chairperson Shanks opened the public hearing.
The applicant, John Lewis, stated that the property was going to look "beautiful" after
adding the landscaping and other improvements, and he does not understand why there
should be any opposition to this. He noted that the existing J.Dee's Landing has been
at that location for 13 years and has had very few complaints to the police department
or to Alcohol & Beverage Control (ABC). He stated that this restaurant would be a
benefit to the community. He said that J. Dee's would be more of a family restaurant
conducting various functions throughout the year. He indicated that residents would not
hear noise from J. Dee's as the entertainment would be at the rear of the restaurant.
Commissioner Roberts inquired about the restaurant's menu. Mr. Lewis stated that it is
a full menu. He indicated that he has 4 cooks on staff and the food is very good.
Comments in favor of Conditional Use Permit 05-1:
Tami Mercer, an employee of J. Dee's Landing stated that she has worked all shifts for
the restaurant. She indicated that this is a family restaurant and believes that the
proposed restaurant in Seal Beach will be a good place.
Cari Quigg of Huntington Harbor stated that she has been a patron of J. Dee's Landing
for approximately 9 years. She indicated that she is Director of Business Development
for a chronic pain management company and has conducted training seminars there
and also entertains clients at J. Dee's. She said that this business would be an asset to
the community because J. Dee's Landing participates in a variety of charity functions
and supports community events.
John Cosgriff of Fountain Valley stated that he has been an entertainer at J. Dee's
Landing for the last 12 years. He indicated that Mr. Lewis is very responsible regarding
the volume of the bands by installing special electronics that all of the musicians must
use to limit the volume of the music. He stated that during his 12 years at J. Dee's there
have never been complaints about loud music.
Janet Nash of Huntington Harbor stated that she has been a patron of J. Dee's Landing
for 14 years. She said that her grandchildren were raised there playing shuffleboard,
participating in the charity fishing events, and the Thanksgiving meals provided at the
restaurant. She stated that she lives next door to the restaurant and has never had a
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City of Seal Beach Planning Commission
Meeting Minutes of March 9, 2005
problem with noise. She said that she is on the board at The Broadmoor and would be
aware if any complaints had been filed related to noise.
Lynn Preavy of Huntington Harbor stated that she lives next door to the restaurant and
hers is the first unit at The Broadmoor that would be affected by any noise. She said
that she has lived there for 10 years and has never had any reason to complain of noise
from J. Dee's.
Julie Hanover of Costa Mesa stated that she has nothing but good things to say about
J. Dee's Landing and its employees and patrons.
Terese Hampton of Sunset Beach stated that she has lived in her home located directly
across the street from Peter's Landing since 1980. She said that since J. Dee's
Landing opened in 1991 she and her husband have frequented the restaurant for
breakfast, lunch, and dinner on many occasions, and in their 13 years in Sunset Beach,
she never recalls anyone referring to this establishment as "a bar," but it was always
known as the only family restaurant in town. She stated that she always took her
grandchildren there as it is a safe environment with plenty of activities for families, and
the restaurant has always provided a free Thanksgiving and Christmas dinner for those
who have no family locally. She described some of the community service events
sponsored by J. Dee's, which included a special day of fishing and special prizes for
underprivileged children. Ms. Hampton stated that there were never any problems with
loud music, noise, or any other disruptions. She recommended approval of CUP 05-1.
Comments in opposition to Conditional Use Permit 05-1:
Mark Barry, president of Riverbeach Homeowners Association, stated that most of the
people in the audience tonight are Riverbeach homeowners. He presented a petition in
opposition of the proposed use signed by the 80 homeowners of townhomes in
Riverbeach. He noted that there had been no Seal Beach residents speaking in favor of
J. Dee's Landing. He explained that for the last two years residents of Riverbeach have
endured the noise from the reconstruction of the Marina Drive Bridge, and on a regular
basis they are also subject to the loud music from the entertainment establishments
across the San Gabriel River at the Long Beach Marina. He expressed concerns with
noise from the proposed live entertainment and traffic along Marina Drive, as well as
having inebriated motorists leavin.g the restaurant late at night. He stated that this was
not a compatible use for this area and recommended denial of CUP 05-1.
Carl Burnett of Riverbeach stated he was confused because the property is listed for
sale, but has tenants in an adjacent house, and an ongoing boat repair business, and
now J. Dee's Landing is proposing a restaurant use. He disagreed that this is a family
restaurant, but instead is a bar. He noted that this restaurant would not be compatible
with the existing surrounding uses and questioned the viability of the proposed parking
plan, which would have to accommodate not only patrons vehicles, but also those of the
employees and entertainers. Mr. Burnett stated that residents of Riverbeach would also
have to deal with loud noise, light, and glare. He also expressed concerns with
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City of Seal Beach Planning Commission
Meeting Minutes of March 9, 2005
inebriated patrons driving their vehicles when leaving the restaurant and the potential
for colliding with pedestrians or cyclists coming off the bike path near the Marina Bridge.
He stated that this use would not be beneficial to the community and recommended
denial of CUP 05-1.
Rita Strickroth of Riverbeach stated that 12 years ago she had opposed Unocal's
petition to restart their oil separation facility across the street from Riverbeach, and
.tonight she is speaking against a use that is not compatible with the neighborhood. She
indicated that allowing J. Dee's Landing to open in a corrugated metal building, less
than 100 feet from the Riverbeach Townhomes would disrupt the tranquil environment
of this community. She noted that the restaurant and the proposed live entertainment,
video games, and pool table are not compatible with the existing uses. She also
questioned the parking plan providing sufficient parking for patrons, employees, and
entertainers, and stated that patrons would be parking in the Riverbeach visitor parking.
She explained that there is also a day care center at nearby Marina Park and ABC
clearly states that it may deny any resale license located within 600 feet of a school or a
playground. She emphasized that residents of Seal Beach value their quality of life and
encouraged the PC to deny CUP 05-1.
Paul Worsham of Riverbeach stated that J. Dee's Landing was located at Peter's
Landing, which is essentially a commercial area, and the owners appear to be legitimate
citizens and are well thought of in the community; however, his research revealed two
violations of their ABC license. He encouraged the PC to consider the issues of noise,
parking, safety, compatibility, home values, etc., which are all valid concerns. He
indicated that from what is known about J. Dee's Landing, it is a bar, and no more bars
are needed in Seal Beach, and certainly not near Riverbeach.
Susan Porell of Riverbeach stated she was in agreement with the previous speakers
and recommended denial of CUP 05-1. She indicated that the main reason she lives in
Riverbeach is that she greatly values being able to sleep with her windows open at night
and to hear the sounds of the surf. She added that on 4 separate occasions she has
had to report noise problems from parties conducted at the proposed location, noting
that it was astonishing how quickly and clearly this noise was carried across Marina
Drive to her home. She expressed her concern that noise from having a bar with live
entertainment and an outdoor patio would be much worse than this.
David Rosenman of Seal Beach stated that J. Dee's Landing is something the city does
not need. He noted that it was striking that Staff had not made a recommendation for
approval or denial of this application. He said this is a bar and noted that there is
already an over concentration of bars along Main Street, which falls within the same
census tract. He recommended denial of CUP 05-1.
Richard Mansour of Riverbeach said he is the acting Vice President of the Riverbeach
Homeowners Association and stated that the residents of this community had not
received sufficient notice of receipt of this application, which did not allow for adequate
information gathering in preparation for this public hearing. He said that the residents of
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City of Seal Beach Planning Commission
Meeting Minutes of March 9, 2005
Riverbeach have already been subjected to almost two years of noise from the Marina
Bridge reconstruction and should not have to be exposed to loud noise from the late
night hours of the proposed restaurant. He strongly urged denial of CUP 05-1, as
approving this application would show a disregard for the City Municipal Code.
Robert Goldberg of Bridgeport stated that residents of the Bridgeport neighborhood are
also concerned with the potential for noise and traffic problems resulting from approval
of this application. He indicated that the noise footprint of this project would affect
hundreds of homes, and residents of Bridgeport are already affected by the noise from
the Alamitos Yacht Club and the Long Beach Marina. He stated that this community
enjoys a quiet environment and the wind that comes from the west does carry noise.
He indicated that he is not opposed to having additional restaurants in Seal Beach, and
this property is zoned commercial, but the business should be compatible with the
neighborhood. He added that if Mr. Lewis wishes to establish a family restaurant at that
location, it should not serve alcohol or have live entertainment. He noted that if the PC
were to deny the alcohol service and live entertainment, Mr. Lewis could still open his
family restaurant, and given Mr. Lewis's' emphasis on the food service, this should still
make it a lively business. He noted that from Thursday through Sunday most
restaurants in town have a wait to get in, so more restaurants are needed in Seal
Beach, but no more bars with live entertainment are needed. He indicated that granting
this CUP would be an exception given the City Council directive that alcohol sales
should not to be permitted within 100 feet of a residence. He recommended denial of
CUP 05-1.
John Tinker of Bridgeport stated that this is an ill-conceived project and no more bars
are needed in Seal Beach. He noted that there are plenty of Bridgeport residents and
other throughout the city that are adamantly opposed to this project. He indicated that
denial of this project would send a clear message that prospective applicants for this
type of project should not bother bringing them before the Planning Commission. He
recommended denial.
Ben Silverman of Riverbeach stated that despite Mr. Lewis's' claims that this is a family
restaurant, the plans show that the bar not only opens into the restaurant, but also onto
the outdoor patio and there are multiple barstools on the outside inviting people to come
and drink. He indicated that there is an active boat repair shop where Mr. Lewis
proposes to open his "bar." He said he had visited the site on Saturday afternoon and
there were 6 yachts parked on that lot, taking up much of the space that Mr. Lewis has
presented in the plans as the parking area for his restaurant. He noted that there were
also 4 trucks owned by the boat repairmen parked in this space. He said they work 7
days a week, including nights and have stated that they have no intention of leaving this
site. He emphasized that the inadequate parking could create a dangerous traffic
situation.
John Middlebrook of Seal Beach stated that he lives close to Hennessey's and
O'Malley's on Main Street and noted that there is usually a lot of broken glass along the
streets, and late at night when leaving these establishments patrons are very loud when
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City of Seal Beach Planning Commission
Meeting Minutes of March 9, 2005
going to their cars. He indicated that findin~ a parking space can becomes a big
problem. He said that although he lives on 10 Street many times the only parking he
can find is on 1 ih Street, more than two blocks from his home. He stated that 28
parking spaces for the proposed restaurant would not be sufficient.
Nancy Kredell, a resident of Seal Way, stated that she lives close to Barney's and the
Navy has a little place there where they have entertainment. She noted that amplified
music is not allowed, and it is a family place, but the noise is still audible. She said that
she has lived in Seal Beach for 43 years and at one time the 7 -Eleven on 12th Street
and Pacific Coast Highway did not sell alcohol because there was a school nearby.
She stated that the proposed restaurant would be a problem, as it is near a day care
center. She noted that there are a lot of nice restaurants in the Old Ranch Town Center
and there is a proliferation of bars on Main Street. She stated that River's End started
out as a restaurant approximately 5 years ago and just recently received approval to
serve beer. She recommended that J. Dee's Landing should be a restaurant only and
after a period of time and with a good track record, they might receive approval to serve
alcohol. She recommended denial.
Rita Brenner stated that she lives behind Riverbeach in the Seal Beach Trailer Park and
the residents of the park fully support the Riverbeach community. She said she agrees
with all comments made in opposition to this application. She encouraged the PC to
keep Seal Beach a quiet community.
Nancy Slusher of Riverbeach stated that because there were many people in
attendance and for the sake of brevity she would simply state that she is also in total
agreement with all comments made in opposition to the approval of CUP 05-1. She
noted that even though all those present tonight have not made comments, their
presence tonight demonstrates their support for those opposed to this request.
Jeff Tekache of Seal Beach stated that he also agrees with all comments made in
opposition to this application. He said that he had previously visited J. Dee's Landing in
Huntington Beach and although it is a fine establishment for what it is, it is not a
compatible use for Seal Beach. He recommended denial.
Sue Corbin also spoke in opposition to CUP 05-1.
Rebuttal:
John Lewis stated that with regard to some of the comments made, he would be willing
to decrease the hours for entertainment and it would not have to consist of as-piece
rock 'n roll band. He indicated that he had in mind having a piano bar Monday through
Thursday and having a 3-piece band on the weekend up until 11 :00 p.m. or midnight.
He said that he believes that another restaurant and cocktail bar would still be a good
addition to the community. He noted that most other restaurants like Applebees and
Denny's serve cocktails. He said the only difference would be that J. Dee's would have
karaoke and a piano bar. Mr. Lewis continued by stating that he did not believe there
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would be problems with traffic or parking as the restaurant would not have 90 customers
every night. He indicated that in 13 years J. Dee's did have 2 minor ABC violations, but
neither ABC nor the health department, or the police department ever closed down the
restaurant.
There being no one else wishing to speak, Vice-Chairperson Shanks closed the public
hearing.
Commissioner Sharp requested a 5-minute recess. The meeting recess began at 8:53
p.m.
The meeting reconvened at 9:00 p.m.
Ms. Teague stated that Mr. Lewis wished to approach the Planning Commission with
the request to continue this matter to a meeting when all five member of the
Commission could be present.
Vice-Chairperson Shanks asked what the pleasure of the Commission was.
Commissioner Deaton stated that she wished to proceed tonight, but if the discussion
leads to an impasse, the item should be continued, otherwise the Commission should
attempt to conclude the matter tonight. Vice-Chairperson Shanks and Commissioner
Roberts were in agreement.
Commissioner Comments
Commissioner Sharp stated that during his time serving on the Planning Commission he
learned that you do not want to have live music within 100 feet of residences. He said
that he does not believe the applicant has adequate facilities for what he wants to do
and he can find no reason to vote in favor of this proposal.
Commissioner Deaton stated that in an effort to address the claims made of not having
received adequate notice, she proposes that whenever public notices are mailed that a
copy also be mailed to the Planning Commissioners. The Commission was in
agreement. Mr. Whittenberg explained that under state law when an applicant submits
an application, the City has thirty days to review the application materials and determine
whether it is complete. If a determination is not made within the thirty days, whatever is
in the application is automatically deemed complete and this is what the Planning
Commission or City Council would use in evaluating a project. He stated that when this
project was submitted, it was the opinion of Staff that the plans were not adequate
enough to clearly understand what type of project this was, so Staff wrote a letter to the
applicant explaining what was incomplete on the application in accordance with state
law. He said that however long it takes for the applicant to respond is up to the
applicant, as there is no deadline for submittal of the requested material. He stated that
once the additional materials are received and the application is deemed complete,
pubic notice is published in the Sun Newspaper and public notices are prepared and
mailed within a 10-day notice period before the public hearing. He indicated that this
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notice is mailed to all property owners and residents within a 300-foot radius of the
boundaries of the proposed project site.
Commissioner Deaton continued by stating that she lives on Fourth Street and she is
subject to noise from the Marina Stadium boat races, the jazz festival at Cal State Long
Beach, and all of the bars and restaurants across the channel. With regard to the
speaker who lives near Main Street, she stated that Main Street has been there as long
as this city has been in existence and it has traditionally been used for restaurants and
bars, so when people move into this city near Main Street, they know that this area will
be noisier than if they lived on Seal Way or on First Street or Riverbeach, where until
very recently there have been no liquor licenses. She said that from a noise standpoint
she would be opposed to this proposal. She stated that she had voted against alcohol
service at River's End for this reason. She said that there should be no discussion of
bringing any other alcohol licenses into this area until a decision is made on how the
currently vacant DWP property, which is currently zoned for a hotel, is to be developed.
She said she would vote to deny CUP 05-1.
Commissioner Sharp confirmed that the Planning Commission had voted to deny an
alcohol license for River's End, and the applicant subsequently appealed to City Council
who approved the granting of the CUP.
Commissioner Roberts stated that he was very impressed with the showing by the
residents of Seal Beach in presenting their comments in opposition to this application.
He stated that he would vote to deny.
Commissioner Shanks stated that he lives on The Hill and on Friday and Saturday
nights in the summer during the late 60's his neighborhood could hear the noise from
the Marina Palace, which was located on Pacific Coast Highway and catered to a
teenage crowd. He also commented that the Walt's Wharf location was formerly used
as an Italian restaurant that provided entertainment on the second floor, and this noise
carried back to 8th Street and beyond. He said that the ocean breeze carries sound
throughout Old Town and he is opposed to having alcohol sales this close to a
residential area and even if there were no alcohol sold, he is not certain that a
restaurant use this close to Marina Drive would be appropriate. He said he would vote
to deny.
MOTION by Deaton; SECOND by Roberts to direct Staff to return with a resolution to
deny Conditional Use Permit 05-1.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Roberts, Shanks, and Sharp
None
Ladner
Mr. Whittenberg stated that Staff would prepare a formal resolution for the Planning
Commission recommending denial of Conditional Use Permit 05-1. He advised that
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adoption of this resolution would begin a 10-day calendar appeal period to the City
Council. He explained that if an appeal were filed, there would be a public hearing
scheduled at a future City Council meeting and public notice would be provided. He
noted that Staff anticipates this resolution will be returned to the Planning Commission
at its next scheduled meeting on March 23, 2005. Mr. Abbe interjected that this
resolution would not be a public hearing item, as the public hearing on this item has
been concluded.
Vice-Chairperson Shanks recommended taking another 5-minute recess to allow those
members of the audience wishing to leave to exit. The meeting recessed at 9:15 p.m.
The meeting reconvened at 9:20 p.m.
1. Conditional Use Permit 02-5 (Indefinite Extension)
12430-B Seal Beach Blvd. (Togo's/Baskin Robbins)
Continued from January 19, 2005
Applicant/Owner: Kevin Schrock for Van Morgan Eateries/Levine Investments,
LP
Request: To approve an Indefinite Extension of Conditional Use Permit
02-5 for an existing restaurant, permitting an outdoor seating
area.
Recommendation: Continue to March 23, 2005.
2. Conditional Use Permit 00-11 (Indefinite Extension)
137 Main Street (Old Town Cafe)
Continued from February 23, 2005
Applicant/Owner:
Req uest:
Angel Lopez/Robert O'Rear
To approve an Indefinite Extension of Conditional Use Permit
00-11 for an existing restaurant, permitting the ability to remain
open for dinner and to serve beer and wine for on-sale
consumption.
Recommendation: Approval subject to conditions and adoption of Resolution
05-7.
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
noted that Stephen Pritchard, the applicant's representative, had an emergency and is
not able to be present tonight and had indicated that if the Planning Commission (PC)
had any questions they might wish to continue this item to a future meeting. He had
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also noted that if the PC wished to proceed with a vote tonight, he had no objection to
this. She indicated that the Director of Public Works has determined that the older
wooden bike rack currently situated in front of the Old Town Cafe should be replaced
with a new one, and Staff has provided a memorandum to the PC reflecting this as an
added condition of approval for Resolution 05-7. She stated that she had spoken to the
applicant about this and he has agreed to this condition. Ms. Teague indicated that
bringing this indefinite extension before the PC was delayed due to the time delay in the
cafe receiving ABC approval and beginning operation, and completion of a Staff audit of
all indefinite extensions pending final approval. She stated that there have been no
complaints to the police department and Staff is recommending approval of Conditional
Use Permit 00-11 (Indefinite Extension) subject to conditions.
Commissioner Questions
Commissioner Deaton asked if the original CUP included approval for the alcohol
permit. Ms. Teague stated that the original CUP was to allow the cafe to extend the
hours of operation to include the ability to serve dinner and also introduce the sale of
beer and wine. Mr. Whittenberg added, that although the CUP was approved in 2000,
the actual ABC license was not issued until January 2003.
Public Hearinq
Vice-Chairperson Shanks opened the public hearing.
There being no one wishing to speak, Vice-Chairperson Shanks closed the public
hearing.
Commissioner Deaton noted that the language used for the additional condition for the
bike rack appears to infer that Staff may evaluate whether the new rack is necessary.
She stated that Old Town Cafe has a large bike following and she believes that the new
bike rack should be required. She requested that the language be changed to reflect
this.
MOTION by Sharp; SECOND by Deaton to amend the additional condition to
Resolution 05-7 to read "the applicant shall install. . ."
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Roberts, Shanks, and Sharp
None
Ladner
MOTION by Sharp; SECOND by Deaton to approve the Indefinite Extension of
Conditional Use Permit 00-11 and adopt Resolution 05-7 as amended.
MOTION CARRIED: 4 - 0 - 1
AYES: Deaton, Roberts, Shanks, and Sharp
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NOES:
ABSENT:
None
Ladner
Mr. Abbe advised that the adoption of Resolution No. 05-7 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
3. Conditional Use Permit 02-6 (Indefinite Extension)
12800 Seal Beach Blvd. (Quizno's)
Continued from January 19, 2005
Applicant/Owner:
Request:
Mohammad Baghai/Seal Beach Land Partners
To approve an Indefinite Extension of Conditional Use Permit
02-6 for an existing restaurant, permitting a 15-seat outdoor
seating area.
Recommendation: Approval subject to conditions and adoption of Resolution
05-11.
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
noted that the original approval was for 16 seats; however, currently they have room for
only 15 seats. She stated that one of the original conditions of approval was that the
applicant maintain a minimum 5-foot clear pedestrian path between the proposed
exterior seats and tables and any adjacent structure columns, drive aisle, or parking lot.
Ms. Teague clarified that the original condition was written before the structure was fully
constructed and occupied, and the tables do abut the structural column, leaving one
clear aisle of 5 feet, and there is also a clearance of more than 5 feet in the front
between the outdoor seating and the drive aisle. She stated that she has modified the
condition to read:
"Maintain a minimum of 5-foot clear pedestrian path between the proposed
exterior seats and tables and any adjacent drive aisles. 11
She noted that Quizno's has a new owner, who is present tonight, should the PC have
any questions. She ended by stating that Staff is recommending approval of the
Indefinite Extension of Conditional Use Permit 02-6.
Commissioner Questions
None.
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Public Hearinq
Vice-Chairperson Shanks opened the public hearing.
Mohammad Baghai stated that he appreciates the consideration of the PC. He
indicated that most of his business occurs between the hours of 11 :00 a.m. to 1 :00 p.m.
and he needs as much seating as possible during these hours.
There being no one else wishing to speak, Vice-Chairperson Shanks closed the public
hearing.
Commissioner Comments
Commissioner Roberts stated that he believes the modification to the condition for the
outdoor seating is reasonable and the photographs of the outdoor seating reflect
adequate passageways to the entrance of the business, and as long as there is a 5-foot
setback from the driveways there should be no problem.
MOTION by Roberts; SECOND by Sharp to approve the Indefinite Extension of
Conditional Use Permit 02-6 and adopt Resolution 05-11 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Roberts, Shanks, and Sharp
None
Ladner
Mr. Abbe advised that the adoption of Resolution No. 05-11 begins a 1 O-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
4. Conditional Use Permit 05-2
3900 Lampson Avenue (Seal Beach Tennis Center)
Continued from February 23, 2005
ApplicanUOwner:
Request:
Eric Stephens/City of Seal Beach
To approve the sale of beer and wine for on-site consumption
within an enclosed clubhouse. The sale of beer and wine is
proposed to be similar as the previously approved Old Ranch
Tennis Club. With the new ownership, a new application is
necessary from California Alcohol & Beverage Control.
Recommendation: Approval subject to conditions and adoption of Resolution
05-10.
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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 noting
that ownership of the tennis center was recently taken over by the City of Seal Beach
and this change in ownership requires a new ABC permit from the California Alcohol &
Beverage Control, which requires the approval of a Conditional Use Permit. She
indicated that an independent operator contracted with the City manages the property.
She said that Staff is recommending approval of Conditional Use Permit 05-2.
Commissioner Questions
Commissioner Roberts asked if Condition NO.9 refers specifically to the clubhouse and
if the outdoor seating in the patio is considered a part of the building. Ms. Teague
stated that a standard condition for the approval of alcohol is for the inside of the
building only, so Staff is recommending that all alcohol be consumed inside the building.
Public Hearinq
Vice-Chairperson Shanks opened the public hearing.
Eric Stephens, a resident of Bellflower, stated that he has no problem with the condition
to restrict alcohol consumption to the inside of the building. He noted that he would post
signs stating this.
There being no one else wishing to speak, Vice-Chairperson Shanks closed the public
hearing.
Commissioner Comments
None.
MOTION by Roberts; SECOND by Deaton to approve Conditional Use Permit 05-2 and
adopt Resolution 05-10 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Roberts, Shanks, and Sharp
None .
Ladner
Mr. Abbe advised that the adoption of Resolution No. 05-10 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
5. Variance 05-2
B-2 Surfside
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Applicant/Owner:
Request:
Marshalllninns/Andyand Laura Karich
To construct a new single-family residence with a proposed
side setback of 6 inches, where the Seal Beach Zoninq Code
requires a side setback of 3 feet; a proposed front setback of 6
inches, where the Code requires a front setback of 2 feet 6
inches; and a proposed rear setback of 6 inches on the first
floor where the Code requires 3 feet. A storage building
currently exists on the lot.
Recommendation: Denial and adoption of Resolution 05-6.
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
noted that a Supplemental Staff Report was provided to the Commissioners containing
some new information related to this project. She stated that since completing the initial
Staff Report the architect, Marshalllninns, and Surfside Colony President, David Evans,
have presented to Staff the greater vision for Surfside. She explained that the two lots
described as B-1 and B-2 are located on the easternmost portion of Surfside,
immediately adjacent to Anderson Street. She said that on either side of the lots are the
automatic gates for entrance and exit to Surfside, immediately adjacent to the water
tower. She stated that the standards for A, Band C Row, which are in the Zoning
Code, may not pertain to these properties, although when Staff received this application
they treated it as any other application for a single-family residence within the BRow
and used the B Row setbacks. The Senior Planner then explained that Surfside Colony
has worked with the architect to develop a project on these high visibility lots that
provides some visual relief for from the 35-foot high, straight up walls of the more
common architecture of Surfside homes that with residences on either side of them.
She indicated that the request is that the PC consider the uniqueness of these two lots,
which Staff neglected to do when writing the Staff Report. She stated that the PC might
wish to consider changing the zoning for these two lots. She noted that the PC should
hear what Mr. Ininns and Mr. Evans have to say before making a determination. She
said that Staff recommends that the item be tabled for further development of zoning
standards for these lots.
Commissioner Questions
Vice-Chairperson Shanks asked if the Commissioners had received the Supplemental
Staff Report and have had ample time to thoroughly review the information.
Commissioner Sharp indicated that he had received the report today, but he has not
had an opportunity to review the entire report. Vice-Chairperson Shanks stated that he
is usually against any Variance, but because the Commissioners received this report so
late, and it changes the whole perspective on this property, he asked whether it would
be worthwhile to change the Zoning Code to accommodate these two lots, or would it
make more sense to approve a Variance. Mr. Whittenberg stated that the issue with the
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Variance is that the PC would have to make a finding that there are unique
circumstances to this property, and this would be a discretionary issue for the
Commission. He noted that there are some unique circumstances that apply to these
two lots that do not apply to any of the other lots in Surfside. He explained that on three
sides private roadways within Surfside surround these lots, and on the fourth side they
face a public roadway. He indicated that Staff is very sensitive to the Commission's
concern regarding granting Variances and this is made very clear to applicants when
they inquire about submitting their applications for a Variance. The Director of
Development Services recommended opening the public hearing and receiving public
testimony and based upon what they hear, if the Commissioners feel there are unique
circumstances to warrant approval of the Variance, they can grant this, or, should the
Commission find that there are no unique circumstances they could direct Staff to work
with the applicant to come up with alternate design standards for these lots. He stated
that another option would be to classify these homes as "0" Row lots to separate them
from A, 8, and C Row, since they are significantly different. Vice-Chairperson Shanks
asked if there were any other lots that might be rotated 90 degrees from the normal
direction. Mr. Whittenberg stated that there are other lots as you come through the
main entrance to Surfside, but he is not certain whether these homes are oriented
toward Pacific Coast Highway, although the lots would allow for this. He noted that
these homes are not totally surrounded on all sides by either private or public roadways.
Commissioner Deaton asked if having gates opening on both sides of these residences
could be regarded as being completely unique. Mr. Whittenberg stated that this would
be something that the PC could consider. He noted that there are some gated
communities besides Surfside, but in all of those cases, he could not think of lots that
have roadways on all four sides of them. Commissioner Deaton asked if these lots
were rezoned there would then be no need for the Variance. Mr. Whittenberg stated
that the property would not be rezoned, but Staff would develop a separate set of
standards for these two lots within the current zoning for Surfside. He explained that A,
8, and C Row homes all have separate zoning standards.
Public Hearinq
Vice-Chairperson Shanks opened the public hearing.
Marshalllninns, architect for the project, stated that 8 Row homes face north and south,
and 81 and 82 lots are perpendicular, making them very unique. He said that he and
Mr. Evans have worked hard to alleviate the fears of issuing a Variance, since the
design appears to work for the community and would not be considered as granting a
special privilege. He explained that the design is part of an overall general plan for
Surfside Colony. Mr. Ininns then noted that there are 100 A Row lots and over 100 8
Row lots, and 30-50 C Row lots, and it would be easier to grant the Variance and
eliminate the work involved in creating separate zoning standards for these two lots. He
reiterated that because four streets surround the lots they are unique and have a
uniqueness as far as the pattern of development in Surfside. He noted that even with
the increased width they still maintain the design and are in line with the development of
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B Row. He stated that working together with Mr. Evans would not only make the
property owners happy, but would also help to improve Surfside as a whole, would
improve the ingress/egress, and improve the look and value of the properties. Vice-
Chairperson Shanks asked if Mr. Ininns plans to put in additional sound deadening on
the 6-inch setback sides near the roads. Mr. Ininns stated that walls would be extended
the full length of the lot to help with sound deadening.
Dave Evans stated that he is also a member of the Surfside Architectural Committee,
and they have worked extensively with both architects for these two properties to
attempt to create a plan that would beautify the entrance to Surfside Colony and provide
definition to these two homes instead of the flat walls, as noted earlier. He indicated
that these designs will provide visual relief and the Committee supports the plan. He
noted that a small landscaped area is to be created along the side of this home, even
though it does go to the property line on one side. Commissioner Deaton asked if all of
the residents have been made aware of the plans for this project. Mr. Evans stated that
public meetings are held once a month, and also an annual meeting where the plans for
this project were presented. He said that the specific issue of the side yard setback was
discussed at the last four open board meetings. Commissioner Deaton asked if there
have been any objections to this project. Mr. Evans stated there have been none. He
reiterated that these homes are unique, and the sides of these two homes are the only
ones that are on one-way streets with no parking on the side of the street where the
homes go to the property line.
Mr. Durby stated that he lives near the project area and he is concerned about the
development of two homes on this property because of the homes being surrounded by
four roads. He indicated that Surfside has a tremendous parking problem and fire
trucks have difficulty turning around on the streets. He expressed his concern that
developing these properties might create more parking problems or interfere with the
fire trucks being able to maneuver adequately in turning around on these roads. He
indicated that as long as the fire department approves the project, he has no objections.
Vice-Chairperson Shanks asked whether the fire department has reviewed this project.
Mr. Whittenberg stated that the access roads around the property meet all fire
department requirements. Vice-Chairperson Shanks inquired about a building on one
side of the property. Mr. Whittenberg stated that a maintenance building is still located
on the property along with an open maintenance yard area. He noted that a second
item for this project is for the relocation of the maintenance building to another location
within Surfside. Vice-Chairperson Shanks asked Mr. Durby if other than parking
concerns, did he have any problem with the homes being constructed. Mr. Durby
responded that his main concern is with the fire department vehicles being able to turn
around on the street. He commented that at times it appeared that the fire truck would
almost hit the first floor of his home. He said that he is not certain whether this will
create a problem with these home having such small setbacks. Commissioner Deaton
asked Mr. Durby where his home is located. He indicated that he resides at A-1
Surfside. Mr. Durby added that the home at B-2 would not pose a problem, but B-1
might be a problem.
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Mr. Ininns stated that the existing maintenance shed sits on the property lines, so the
new design for the homes would not affect the roadways at all. He noted that if the
Variance were not granted, there would still be a wall at that location. He indicated that
the fire department would have an opportunity to review this project and the new homes
would not affect parking. He stated that there are some other roadway issues for the
street across from the home site, which they are attempting to resolve, and this might
even widen the roadway. He said that as far as ingress/egress access, this would all go
before the fire department and the roadways will not change. Commissioner Roberts
asked if the existing fence sits on the property line. Mr. Ininns confirmed that the fence
is right on the property line and there is also a fire hydrant that sticks out into the street,
which is to be moved back to make it easier to get around the corner.
There being no one else wishing to speak, Vice-Chairperson Shanks closed the public
hearing.
Commissioner Comments
Commissioner Sharp stated that he has some reservations about this proposal, and he
suggested that Staff review the project with the new information and return to the PC at
a future meeting for a determination.
Mr. Whittenberg stated that he believes the PC must look at two issues tonight:
1. Based on the testimony heard tonight does the Commission feel that the current lot
configuration is unique enough to warrant granting a Variance. This action can be
taken tonight.
2. If the PC feels the information provided is inadequate to make this determination, but
the PC still wishes to accommodate this proposed architectural design, Staff could
work with Surfside to come up with a new set of development standards for what at
this time will be called the "0" Row homes. He noted that this process would involve
advertising for a Zone Text Amendment and conducting public hearings before both
the PC and City Council and could take approximately 4 months to complete.
Commissioner Sharp stated that he would not say whether he will vote for or against
this request, but at present he is not certain that the PC would be doing the right thing in
granting this Variance.
Commissioner Deaton suggested making a motion to continue this item to the next
scheduled meeting and in the meantime Staff could arrange to have the PC visit the site
to get a better idea of where the project is to be located. She expressed her concern
over the issue presented by Mr. Durby related to fire department access. She noted
that it makes more sense to open up this area rather than close it up. She said that she
wants to ensure that for the existing residences that there is good ingress/egress,
sufficient turning radius, and vehicle access. Commissioner Deaton indicated that she
is not opposed to granting a Variance for this project, as this is a tremendously unique
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piece of property within Surfside, given that it is bounded by roadways on all four sides
and sits between the two entry gates. She stated that because the Supplemental Staff
Report was received so late, she would prefer that the Commission had more time to
review the information and visit the site.
Commissioner Roberts stated that during the discussion he learned that the existing
fence sits on the property line, and unless the developer plans to put up new fences,
ingress/egress does not appear to be a problem. He indicated that he has a good
understanding of the project and does not feel the need to visit the site. He said that the
strength of the arguments come with the working relationship that the Surfside
Homeowners Association and the architect have maintained, and if the community is
satisfied and have worked to get a look that is appealing to them, he sees this as a very
strong vote in favor of granting this Variance. He stated that this property is definitely
unique enough to warrant granting a Variance, and he would have no problem in doing
this. He commented that he is still concerned with the issue of granting Variances, but
he believes this issue should be continued for two weeks to see if the PC and Staff can
come up with an outcome that will work for all concerned while not creating the
impression that Variances for future applications would automatically be granted.
Vice-Chairperson Shanks stated that although he does object to granting Variances, he
would approve this request because of the uniqueness of this property. He commented
that this Commission has been very concerned about the "mansionization" of Seal
Beach, and this also applies to Surfside. He indicated that he is bothered by the 6-inch
setbacks with the structure covering the full lot. He stated that although Surfside does
have smaller lots the developer is building a huge house and he would prefer to see
less homes being built to the maximum capacity on lots throughout Seal Beach. He
agreed that this item be continued for two weeks when a full Commission should be
present.
Mr. Whittenberg advised reopening the public hearing and continuing Variance 05-2 to
the next scheduled meeting, and in this way, if Staff returns with new information both
the applicant and any other interested parties can speak to whatever the new
information may be.
Vice-Chairperson Shanks reopened the public hearing.
MOTION by Deaton; SECOND by Roberts to reopen the public hearing and continue
Variance 05-2 to the next scheduled meeting of March 23, 2005.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Roberts, Shanks, and Sharp
None
Ladner
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Mr. Whittenberg stated that he would make arrangements for the Commissioners to visit
the project site. Commissioner Sharp stated that he was not interested in visiting the
site, but he does want to have the fire department review this project.
Commissioner Deaton stated that she would be very interested in visiting the site.
STAFF CONCERNS
Mr. Whittenberg stated that a copy of Initial Study Mitigated Negative Declaration 05-2
for a General Plan Amendment (GPA) and Zone Change (ZC) within Surfside to change
the zoning of a vacant lot that is currently zoned for commercial. He indicated that this
would be the proposed new location for the Surfside maintenance building and an
additional single-family residence. The zone change would be to change the zoning to
residential to accommodate the new home. He noted that the 3D-day comment period
begins tomorrow, March 10, and this document will be returned to the PC with
comments at the time of the public hearings on the GPA and ZC and tract map to
subdivide this lot into two.
He then reported that a copy of the Draft Program Environmental Impact Report for the
San Gabriel River Corridor Master Plan has also been provided to the Commissioners.
He explained that this document was prepared by the Los Angeles County Department
of Public Works on behalf of the San Gabriel River Mountains and Conservancy for a
master plan for open space development along the entire length of the river. He stated
that this plan does impact Seal Beach, and a number of these projects are identified in
the document. He stated that public review and comment sessions will be conducted
before the Planning Commission (PC) and the Environmental Quality Control Board
(EQCB) and the City will approve a comment letter on this document after receiving
input from the EQCB and the PC.
Mr. Whittenberg then noted that John Laing Homes has received approval from the
California Coastal Commission (CCC) to begin the Phase 1 construction of 14 homes,
and are in the final permit issuance process. He stated that construction should begin
in April with the models opening around April 1 st.
The Director of Development Services indicated that Woody's Diner would be coming
into the restaurant location on Main Street that was formerly BJ's. He noted that
depending upon the use they would like, there might be a Conditional Use Permit (CUP)
application coming before the Commission at a future time.
Mr. Whittenberg then noted that a pubic meeting would be held in City Council
Chambers tomorrow night at 6:30 regarding a grant received from the Rivers and
Mountains Conservancy for a bicycle lane improvement project along the San Gabriel
River from Pacific Coast Highway (PCH) down to River's End. The purpose of the
meeting is to receive input on the type of improvements the public would like to see
along this bike trail.
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COMMISSION CONCERNS
Commissioner Sharps stated that he has received inquires regarding the mosquito
abatement for all of the standing water at the Naval Weapons Station (NWS). He asked
if any abatement procedures were taking place. Mr. Whittenberg stated that he was not
aware of this activity, but Staff would contact the Public Information Officer at the NWS
and report back to the Commission.
Vice-Chairperson Shanks added that residents should check around their homes to
make sure that there are no areas or containers of standing water that might attract
mosquitoes.
Commissioner Deaton stated that she had received calls regarding the old BJ's Pizza
location. Another inquiry was about allowing chain restaurants on Main Street. She
said that someone brought to her attention that the cities of Carmel and Big Sur have
good standing ordinances on not allowing chains. She asked where the City stands on
this. Mr. Whittenberg stated that the City is aware of a number of other city ordinances,
but Seal Beach has never formerly adopted an ordinance regarding this. He said that a
lot of this would depend upon the definition of a chain. He noted that BJ's is a multi-use
restaurant in lots of locations, which might be defined as a chain, meaning that the City
already had a chain restaurant at that location. He stated that other than going through
a discretionary review process, the City has taken no action stating that only certain
types of business are allowed on Main Street. He indicated that the property does have
a Conditional Use Permit (CUP) for beer and wine sales, and if the new tenant accepts
the conditions of approval that have been in place for many years, there would be no
discretionary approval required; however, if the new tenant chooses to modify the
conditions, they must then apply for a new CUP. Commissioner Deaton stated that
people in Seal Beach have always been against having chain restaurants on Main
Street, and it the community feels threatened in any way, the PC may want to look into
this issue. Mr. Whittenberg stated that if this is a concern of the PC, this type of study
will take a lot of Staff time and research, and City Attorney staff time and research, and
would involve a fair amount of expense to do this type of analysis. He suggested that if
the PC feels this is something that should be done, that the Commission make a
recommendation to City Council requesting authorization to have this type of study
done. He noted that if the PC wanted this placed on a future agenda for discussion, this
could be done. Commissioner Deaton stated that this is mostly informational in
response to the telephone call she had received.
Commissioner Roberts inquired about the Rossmoor Center development. Mr.
Whittenberg stated that other than receiving notice that Rossmoor Properties has
selected a new architect, there has been no word of any other new developments.
Vice-Chairperson Shanks inquired about the Boeing Integrated Defense Systems
(BIDS) Project. Mr. Whittenberg reported that Staff met with Boeing personnel and
landscape architects yesterday, and they provided preliminary plans for the perimeter
landscaping plans around the property and for center medians. He stated that the
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indication from Boeing is that they may begin submitting actual building development
proposals some time this summer. He said that plans for the public roadway
improvements and underground utility plans were already submitted and processed.
Vice-Chairperson Shanks then inquired about the commercial area for a proposed hotel
development. Mr. Whittenberg stated that this would come before the PC as a public
hearing for a Site Plan Review (SPR). He noted that Staff has met with the developers
with which Boeing is currently in escrow. He stated that the project does include a hotel
use, some restaurant uses, and some retail uses, which is generally in conformance
with what the Specific Plan contemplated for this area.
ADJOURNMENT
Vice-Chairperson Shanks adjourned the meeting at 10: 15 p.m.
Respectfully Submitted,
~d-~-
Carmen Alvarez, Executive Secre ary
Planning Department
APPROVAL
The Commission on March 23, 2005 approved the Minutes of the Planning Commission
Meeting of Wednesday, March 9, 2005. ~ .
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