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Home My WebLink AboutPC Min 1984-05-16 sr BEACH PLANNING COMMISSION AGE~ Clty Council Chambers 211 Elghth Street Seal Beach, Callfornla . 2'he Seal Beach Plall1lJ.ng Comnuss~on meets ~n sess~on every f~rst and th~rd Wednesday of each month at 7 30 p.m. If you w~sh to address the Comm~ss~on on any part~cular publ~c hear~ng ~tem, the Cha~rma!1 w_" cal':' :0_ . .::>1. ~e!Jt...iDOn!/ f~rst for those ~n favor of the proJect, and second, for those who are not ~n favor When you see that the speaker's pos~t~on ~n the center of the room ~s unoccup~ed, step up to the IIUcrophone and when recogn~zed by the Cha~rman, speak d~rectly ~nto the IIUcrophone by f~rst stat~ng your name and address clearly and d~st~nctly for the records. State your bus~ness as clearly and succ~nctly as poss~ble and then wa~t a moment to see ~f the Comnuss~oners have any quest~ons ~n regard to your comments or quest~ons. If there are no other quest~ons or comments, return to your seat so that the next person may address the Comnuss~on If you w~sh to address the Comnuss~on on matters other than publ~c hear~ngs, the agenda prov~des for that t~me when the Cha~rman asks for comments from the publ~c. Address the Comnuss~on ~n the same manner as stated for publ~c hear~ngs, always stat~ng your name and address f~rst. MAY 16, 1984 Next Resolutlon #1330 . 1. Pledge of Alleglance 2. Roll Call 3. Approval of Mlnutes of Aprll 4 & May 2, 1984 4. Pub11C Hearlngs: A. CONDITIONAL USE PERMIT 7-84, (Cont. from May 2, 1984) Reso1utlon #1322 TINY NAYLOR'S, INC. 941 Paclflc Coast Hlghway A request to up&rade a beer & Wlne Condltlona1 Use Permlt to an On-Sale General (beer, Wlne and dlstl11ed splrlts) Condltlonal Use Permlt In conJunctlon wlth an eXlstlng restaurant. Sectlon: 28-1300(6)(A) App1lcant: Tlny Naylor's. Inc. Owner: Seal Beach Center B. VARIANCE 3-84 (Resubmltted from March 21, 1984 meetlng) Resolutlon #1318 11 07 Sea 1 Way A request for a maJor addltlon to a leBa1 nonconformlng duplex, wlthout provldlng the requlred parklng. Sectlon: 28-804 App1lcant: John & Mary Loulse Szczerban Owner. Same C. CONDITIONAL USE PERMIT 9-84 Resolutlon 31327 Omelette Gallery 137 Maln Street A request for an On-Sale Beer & Wlne Llcesne In conJunctlon wlth an eXlstlng restaurant. Sectlon' 28-1300(6)(A) App1lcant: Charles Antos/Gary Dean Myrlck Buslness Owner: Barbara Nelson Landowner: Robert O'Rear D. CONDITIONAL USE PERMIT 10-84 Resolutlon #1328 &.1329 TENTATIVE PARCEL MAP 84-1003 205 10th Street A request to convert an eXlstlng trlplex lnto three condomlnlum unlts. . Sectlon' 28-700(3)B Appllcant. Charles Antos Owners: Rlchard McCollom and Neal Ward 5. Zonlng Text Amendment 1-84 Approval, Reso1utlon #1321. 6. VARIANCE 4-84 Approval, Matthew M. Mlkke1sen, 324 8th St., Resolutlon #1323 7. VARIANCE 5-84 Denla1, Larry H. Parker, 4501 Elder Avenue, Resolutlon #1324. 8. VARIANCE 6-84 Denla1, Gregory M Shaffer, 328 12th St., Reso1utlon #1325. 9. Commlsslon Requests 10. Oral Communlcatlons 11. Commlsslon Communlcatlons 12. Report Report from Secretary 13. AdJournment . e . MINUTES OF THE SEAL BEACH PLANNING COMMISSION MEETING OF MAY 16, 1984 The Planning ComnissIon met in regular session on Wednesday, May 16, 1984 in the CouncIl Chambers of the CIty AdmInIstration BuIldIng. The meeting was called to order at 7: 35 p.m. by VIce Chairman Jessner and the pledge of allegiance was led by CarmissIoner CovIngton. ROLL CALL Present: VIce ChaIrman Jessner Comnissioners Covington, Hunt Absent: ChaIrman Goldenberg PerrIn (as per hIS letter request for excused absence due to volunteer fIrefIghter dutIes, Covington moved to accept excused absence, Hunt seconds. UnanImous approval gIven. Also Present: John Baucke, PrincIpal Planner COMMISSION MINUTES OF APRIL 4, 1984 CommIssIoner CoVIngton moved to approve mInutes as presented; Jessner seconds. AYES: NOES: ABSENT: ABSTAIN: Covington, Jessner None Perrin, Goldenberg Hunt MotIon Carned COMMISSION MINUTES OF MAY 2, 1984 CommIssIoner Covington asked that the following be added to the fIrst paragraph of page 3, after "plant structure": "and the probabll1ty that the wall to which the plant structure was attached could lIkely blow down In the event of a strong gale force WInd" CarmIssIoner Hunt moved to approve mInutes as corrected; COVIngton seconds. AYES: NOES: ABSENT: Hunt, Jessner, Covington None PerrIn, Goldenberg MotIon Carned PUBLIC HEARINGS A. ConditIonal Use Pemit 7-84 Request was to upgrade a beer and WIne Conchtlonal Use PermIt to an on- sale beer, wine and distIlled spIrIts CondItIonal Use PermIt to Tiny Naylor's, an eXIsting restaurant located In the Seal Beach Center at 941 PaCIfic Coast Highway. e Page 2 Staff report presented. This public hearing was continued fram May 2, 1984 pending a response from the CIty Attorney on whether the CommIssion can apply a conditIon whIch establIshed a mInImum age of 21 for those servIng alcohol. The CIty Attorney's response was that the local government is specIfically preempted by State law whIch allows those between 18-21 years of age to serve alcohol m a bona fide restaurant. RecommendatIon was to approve the request WIth fIve condItIons to be Included. Public heanng opened. Camnlssloner Covmgton suggested modifymg 1 year reVlew date by staff to 6 months, so that staff can ascertaIn that there were no problems. Cammlssloner Hunt asked the appl1cant if he foresaw any hardshIp WIth a 6 months reVlew penod. Jack Dunn, facll1tles manager of TIny Naylor's, foresaw no problem to havmg six months revIew smce Conmisslon would hear of any ccmplamt Imnechately and could act upon any complamt quIckly. He stated that In that partIcular restaurant there IS a full time nIght manager who stated that no person under 21 would serve scmeone who is havmg drinks only. The assIstant manager, who is closer to 30 years of age, would serve the dnnks. - Camnlssloner CovIngton WIthdrew hIS request for a six months revIew Instead of a one year because the applicant would voluntarIly provIde the CIty WIth the assurance that It IS not theIr Intent to have an employee under 21 years of age be responsIble to serve lIquor to lIquor only customers. CommIssioner Jessner asked what IS the cutoff tIme for servIng liquor. The night manager repl1ed that no dnnks would be served after 1: 30 a.m. As no one spoke In opposItion to the CondItIonal Use PermIt, the PUblIC hearing was closed. ResolutIon No. 1322 CommiSSIoner CovIngton moved to adopt ResolutIon #1322 WIth the follOWIng additions: "That the appl1cant vo1untanly agrees to not permIt any employee under 21 years of age to serve customers who are drInkIng alcoholic beverages only", and "That alcohol1c beverages will not be served to any customer after 1:30 a.m." The Cammlssloners dIscussed these conditions; the nIght manager agreed to them. COmmIssIoner Hunt seconds. AYES: NOES: ABSENT : CovIngton, Hunt, Jessner None Goldenberg, Pernn MotIon Carned - . e . Page 3 B. VarIance 3-84 Request for a major addItIon to a legal nonconforIDlng duplex located at 1107 Seal Way, WIthout provldlng the requIred parklng. This application was contInued fram the March 21, 1984 Planning CommissIon meeting. Staff report presented. Recomnendatlon was for denIal since apphcant had not made any changes as requested by the CommIssion fram that heanng on March 21, 1984. Pubhc heanng opened. Charles Antos, 316 10th Street, spoke as the agent for the applIcant and asked for a contInuance to the second meetIng In June so that the owner, the architect and staff could came up WIth an alternatIve plan WIth regard to parkIng requirements. -ResolutIon No. 1318 CommIssIoner Covington moved to contInue the publIC hearing for VarIance 3-84 untIl the second meetIng In June, 1984; Hunt seconds. AYES: NOES: ABSENT: Covington, Hunt, Jessner None Goldenberg, PerrIn Motion Carried C. ConditIonal Use PermIt 9-84 Request for an On-Sale Beer and WIne LIcense In conJunction with an existing restaurant, the Omelette Gallery, located at 137 MaIn Street. Staff report presented indIcating applIcant requests a permIt to sell beer and wine In conjunction wIth the eXIsting menu. No negatIve responses have been receIved fram the Grace Brethren Church WhICh IS located dIrectly behInd the property. Reconmendation was for approval WIth seven condItions. Pubhc heanng opened. Charles Antos, 316 10th Street, spoke as the authonzed agent for the applIcant. He stated the applicant fully agrees wIth the conditIons as proposed. CommISSIoners discussed the application. As no one spoke In opposItion, the publIC hearing was closed. ResolutIon #1327 Camnlssloner Covington moved to adopt the resolution approving the Conditional Use PermIt; Hunt seconds. AYES: NOES: ABSENT : CovIngton, Hunt, Jessner None Goldenberg, PerrIn Motion Carried . e e Planning Commission mlnutes of May 16, 1984 Page 4 D. Conditlonal Use Permlt 10-84, Tentatlve Parcel Map 84-1003 Request for converSlon of an eXlstlng trlplex lnto three condaminlum unlts located at 205 10th Street. Staff report presented. Reccmnendatlon is for approval of the Condltional Use PerInlt Wlth the six condltlons as-noted. Staff recomnended approval of Tentatlve Parcel Map Wlth three conditlons as noted in report. Publ1c heanng opened. Charles Antos, 316 10th Street, spoke as the authonzed agent for the property owners. He stated that the owners are In full agreement wi th condltlons noted on both the Condltional Use Permlt and the Tentatlve Parcel Map and that a meetmg has been held Wlth the Engmeermg Department to recelve the necessary standards for the drlveway repalr and Wlth the BUlldmg Department for their standards Wl th regard to smoke detector lnstallatlon. He also stated that the owners wlll install all new appllances In each unlt wlth a guaranty lncluded. The plumblng and electrlcal systems wlll have a one year guaranty. The roofs wlll be mspected and a guaranty will go along Wlth the lnspectlon. Carmlssloner Jessner asked that a terml te inspectlon be lncluded in thlS application and Wlth all future condamlnlum conversion appllcatlons. Mr. Antos stated that, there would be no Ob]ectlon to a termlte lnspectlon. OPPOSITION Mark Rettlg, 205 10th Street, #2 stated that the fust lndicatlon he had that hlS apartment would be converted was the notice of publlC hearlng put m hlS mallbox around the 5th of May. After same discusslon, lt was determlned that Mr. Rettlg had moved In after the onglnal letters were Slgned by the tenants. Mr. Rettlg felt that he was not told the truth regardlng avallabll1ty of hlS apartment. He offered to slgn a one year lease agreement, but owners dld not wlsh it. Mr. Rettlg wished to glve sworn testimony to go on record. Recordmg secretary gave oath to Mr. Rettig. He then stated that on or about the 5th of May he recel ved hlS flrst notlce of the proposal to convert hlS apartment to condamlniums by recelpt of the PubllC Hearlng Notlce. He also stated that as a tenant he would not have moved mto the apartment had he known 1 t could not be for a long term. Carmlssioners discussed at length the notlclng of tenants Wlth Mr. Antos. PubllC hearlng closed. Commlssloner Covlngton moved to contlnue the publlC hearlng untll the next meetlng so that the staff, the appl1cant and the tenant could get together and determme what options are avallable for all partles. Mr. Antos agreed to contlnuatlon. Cammlssloners dlSCUSSed possibillties of startlng procedure anew. Hunt seconds the motlon. AYES: NOES: ABENT: Covlngton, Hunt, Jessner None Goldenberg, Pernn Motlon Carried . It e May 16, 1 984 Page 5 Zoning Text Amendment 1-84 Resolut1on No. 1321 Heard by the P1ann1ng Commiss1on on May 2, 1984 Comnlssioner Covlngton moved to adopt Resolut1on; Hunt seconds. AYES: NOES: ABSENT: Cov1ngton, Hunt, Jessner None Goldenberg, Perr1n Mot1on Carr1ed Var1ance 4-84 Resolut1on No. 1323 Heard before the Plann1ng Camm1ss1on on May 2, 1984 Correct1on noted to typograph1cal error 1n spell1ng of var1ance 1n second paragraph from the bottom. No further d1Scuss1on, therefore Camm1SS1on Covlngton moved to approve Resolut1on #1323; Hunt seconds. AYES: NOES: ABSENT: Cov1ngton, Hunt, Jessner None Goldenberg, Pernn Mot1on Carned Variance 5-84 Reso1ut1on No. 1324 Heard before the Plann1ng Camm1ss1on on May 2, 1984. Camm1ssioner Cov1ngton asks that a 9th cond1t1on be added wh1Ch states: "that the add1tlon of the screen p1ant1ng structure to the surround1ng per1meter walls w1ll produce a clear and certa1n threat to publ1C health, safety and welfare In the event of a gale force W1nd 1n any duect1on." Covington moves to adopt; Hunt seconds. AYES: NOES: ABSENT: Cov1ngton, Hunt, Jessner None Goldenberg, Perr1n Mot1on Carried Variance 6-84 ReSolut1on No. 1325 Heard before the Plann1ng Comm1ss1on on May 2, 1984. Commissioner Cov1ngton asks that a 10th cond1t1on be added wh1Ch reads: "that the appl1cant was and lS employed profess1onally as a 'C1 ty planner' and should have at all t1mes been aware of the appropr1ate requ1rements in his perm1 t appl1cat1on. II Covington moves to adopt resolut1on denY1ng vanance; Hunt seconds. AYES: NOES: ABSENT: Covington, Hunt, Jessner None Goldenberg, Perr1n Mot1on Carned REPORT FROM SECRETARY Staff prepared a report W1th regard to Park & Recreat10n Improvement Dechcat10n or In-L1eu Fees for Condominium Convers1ons. It was noted that only those condo proJects newer than f1ve years could requ1re a park ded1cat1on or in-11eu fees. Another report 1nd1cat1ng the number of eX1st1ng apartment un1ts el1g1ble for condom1n1um converS1on was presented to the Camm1ss1on. . -" - Page 6 It was determlned that approx~tely 58 or more unlts were ellglble for condamlniurn converSlon. COmmlssioner Covlngton dlSCUSSed posslbllty of requinng fees for condamlnlurn conversions. It was determlned that staff would provlde a report on background of condamlnlurn converSlon fees and perform a survey of nelghborlng cltles. Staff lndicated condo regulatlons would also be outllned. Page 5 Meetlng adJourned at 9:4f/J p.m. ~~ Recordmg Secretary