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HomeMy WebLinkAboutPC Min 1984-09-19 S' BEACH PLANNING COMMISSION AGE' City Councll Chambers 211 Elghth Street Seal Beach, Ca11fornla . The Seal Beach Plann~ng Co~ss~on meets ~n sess~on every f~rst and th~rd Wednesday of each month at 7.30 pm If you w~sh to address the Comm~ss~on on any part~cular publ~c hear~ng ~tem, the Cha~rman w~ll call for publ~c test~'IIon:J f~rst for those ~n favor of the PlvJec." 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 mcrophone and when recogn~zed by the Cha~rman, speak d~rectly ~nto the mcrophone 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 Co~ss~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 Co~ss~on If you w~sh to address the Co~ss~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 Co~ss~on ~n the same manner as stated for publ~c hear~ngs, always stat~ng your name and address f~rst. SEPTEMBER 19, 1984 NEXT RESOLUTION #1344 . 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL 3 APPROVAL OF MINUTES OF SEPTEMBER 5, 1984 4. PUBLIC HEARINGS A. Var1ance 3-84 Reso1ut1on #1318 John & Mar, Szcerban 1105 & 110 Seal Way A request for a maJor add1t1on to two legal nonconform1ng duplexes, w1thout prov1d1ng the requ1red Slze, type and form of park1ng (Cont from August 15, 1984) App11cant. John & Mary Lou1se Szcerban Property Owner: Same B. Cond1t1onal Use Perm1t 14-84 Reso1ut1on #1337 The Southland Corporat1on (7-11) 1200 Pac1f1c Coast H1ghway A request for off-sale beer and W1ne 1n conJunct1on w1th an eX1st1ng conven1ence store (Cont. from August 15, 1984) Appl1cant. The Southland Corporat1on Property Owner. Slgnal Realty Company C. Var1ance 10-84 Resolut1on #'s 1341, 1342 & 1343 Cond1t1onal Use Perm1t 15-84 & 16-84 Tom & V1ck, W1nch 901 Ocean Avenue A request for: a take-out restaurant w1th on-sale beer and W1ne w1th less than the requ1red park1ng. Appl1cant. Tom & V1ck, W,nch Property Owner: Jack Haley 5. COMMISSION REQUESTS 6. ORAL COMMUNICATIONS 7. COMMISSION COMMUNICATIONS 8. REPORT FROM SECRETARY 9. ADJOURNMENT . . - . PLANNING COMMISSION MEETING OF SEPT~~ER 19, 1984 The Seal Beach Plann1ng Comm1ss1on met 1n regular seSS10n at 7:37 p.m., w1th Cha1rman Jessner call1ng the meet1ng to order. Comm1ss1oner Cov1ngton lead the Salute to the Flag. ROLL CALL Present: Cha1rman Jessner Comm1ss1oners Cov1ngton, Hunt, Perr1n Excused Absence: Comm1ss1oner Goldenberg Also Present: John Baucke, D1rector of Development Serv1ces APPROVAL OF MINUTES Perr1n moved, second by Cov1ngton, to approve the m1nutes of the September 5, 1984 regular meet1ng. AYES: NOES: ABSENT: Cov1ngton, Hunt, Jessner, Perr1n None Goldenberg Mot1on Carr1ed PUBLIC HEARING - VARIANCE 3-84 - 1105 & 1107 OCEAN AVENUE - SZCERBAN The Comm1ss1on Secretary, Mr. Baucke, 1nd1cated th1s 1tem has been before the Comm1ss1on on numerous occaS1ons. Request was for major add1t1ons to two legal nonconform1ng duplexes w1thout prov1d1ng the requ1red S1ze, type and form of park1ng. At the pub11c hear1ng 1n August, 1984, the app11cant had requested a cont1nuat1on to mod1fy the1r proposal 1n l1ght of staff report requ1rements. Mr. Baucke stated that presently the app11cant requests three var1ances as follows: 1) var1ance from the requ1red 9 ft. rear yard setback, 2) var1ance for use of compact park1ng 1n res1dent1al zone, and 3) var1ance for use of tandem park1ng. Staff recommendat1on was for den1al due to follow1ng reasons: 1) no spec1al C1rcumstances eX1st wh1Ch depr1ves property of pr1v1leges enjoyed by other property 1n same v1c1n1ty and zone, 2) that the proposal as des1gned could eas1ly be converted 1nto an add1t1onal rental un1t, 3) that grant1ng var1ance for use of compact park1ng and rear yard setbacks would const1tute grant1ng a spec1al pr1v1lege, and 4) that legal ground for approval of var1ances for compact park1ng and rear yard setbacks do not eX1st for th1s app11cat1on. Cha1rman Jessner declared pub11c hear1ng opened. Mr. Charles Antos, 316 10th Street, author1zed agent for the app11cant, deta1led background for present app11cat1on. He stated that app11cant or1g1nally requested to tear down old 2-car garage and replace w1th new 2-car garage w1th add1t1onal l1v1ng space above. C1ty had 1nd1cated problems w1th park1ng and plans were rev1sed. TW1ce rev1sed plans were subm1tted and consequently rejected by C1ty. Hr. Antos was then engaged to work w1th arch1tect and owner Plannlng Commlsslon Mlnutes of 9/19/84 Page 2 e to provlde sUltable parklng. Clty staff had then made recommendatlons for addltlonal wldth for turnlng radll. Commlssloner Covlngton questloned why the compromlse plans dlscussed by Commlssloners and appllcant In June of 1984, had not been subsequently submltted to Commlsslon. He stated that had that compromlse been submltted, only varlance request would have been for tandem parklng and there are legal grounds to grant that varlance. Appllcant felt the square footage lost as a result of that compromlse was not sUltable. After addltlonal dlScusslon, staff stated that the area that could be added to one of the bedrooms lS approxlmately 75 s.f. and the loss to the other bedroom lS 109 s.f., whlch lS a net loss of 34 s.f. ThlS would brlng property lnto conformlng status and allow hlm any addltlonal lmprovements to property wlthout comlng before the Plannlng Commlsslon. Mr. Antos dlscussed sltuatlon wlth appllcant, John Szcerban. Appllcant futher stated that he would agree to deed restrlctlon as to use of property. Mr. Jessner stated that he could not approve request wlthout removal of exterlor stalrway. It was determlned and so ordered by Chalrman, that appllcant wlll return at the regular meetlng of October 3, 1984 wlth revlsed plans showlng a garage wlth no varlance requests except for the use of tandem parklng (one set of plans showlng removal of exterlor stalrs and one lncludlng stalrway). e PUBLIC HEARING - CONDITIONAL USE PERMIT 14-84 - SOUTHLAND CORPORATION (7-11) - 1200 PACIFIC COAST HIGHWAY Commlsslon Secretary lndlcated thlS ltem had been contlnued from preVlOUS publlC hearlngs. Request was for off-sale beer and Wlne In conJunctlon wlth an eXlstlng convenlence store. Chalrman Jessner declared the publlC hearlng opened. Mr. LOU1S Corbo, 7-11 Dlvlslon Development Manager, 1240 So. State College Blvd., Anahelm, lndlcated that he would address hlmself to concerns orlglnally expressed by Chlef of Pollce. He stated that In March of 1982, the Seal Beach Pollce Chlef had flIed a formal protest to Alcohollc Beverage Control Board due to close proxlmlty of elementary school. Slnce that tlme, the school has closed, dlspelllng the Chlef's concerns. Chlef was not as concerned over day care center due to close superV1Slon of those chlldren. Mr. Glen Cox, Zone Securlty Supervlsor for 7-11, dlscussed at length on- gOlng tralnlng program for effectlvely decreaslng robberles. He stated that 55% reductlon In robberles at 7-11 stores had occured Slnce lmplementatlon of the program In 1978. ~ Mr. Corbo also stated that Southland Corporatlon would not allow franchlsee to retaln franchlse, should a vlolatlon of ABC occur. Mr. Robert Grober, franchlsee, stated that hlS deslre to sell beer and Wlne was due to 20- 30 requests he recelved every day from customers. Mr. Covlngton lnqulred as to type of cllentele, whether many school chlldren, llttle league players, or adult recreatlon users (such as softball leagues, etc.). Mr. Grober sald he does have a few llttle league groups brought In by thelr coaches, qUlte a few adults who play tennlS nearby. Mr. Corbo also lndlcated that the Corporatlon would be wllllng to entertaln an earller curfew for no sale of beer and Wlne, rather toau__2 a.~. e Plann1ng Comm1ss1on M1nutes of 9/19/84 Page 3 No other persons spoke 1n favor of the request. Mr. J1m G1lkerson of 1011 Electr1c, spoke aga1nst approval of cond1t10nal use perm1t due to pro11ferat10n of beer and W1ne sales 1n the C1ty. He felt that the only argument for allow1ng the sale was for the conven1ence of the customer and that S1nce there were at least 8 s1tes w1th1n a 7 block area that makes beer and W1ne ava1lable, there was no need for another s1te. He felt that there should be a l1m1t set 1n Seal Beach on the number of 10cat10ns that could sell beer and W1ne, allow1ng no others to obta1n a perm1t unt1l one of the prev10usly-11censed s1tes close down. Mrs. Nancey Kredell also spoke aga1nst the approval of the perm1t because of the safety factor. She expressed concern that Juven1les do not stop to cons1der that a store has a safe wh1ch cannot be opened or that l1m1ted funds are ava1lable there. She felt the safe m1ght be a deterr1ng factor for accomp11shed th1eves, but that Juven1les would not stop to th1nk f1rst. Barbara Rountree of 13300 TW1n H1lls Dr1ve, 46H, 1nqu1red as to poss1b1l1ty of reV1ew of the cond1t10nal use perm1t. Staff 1nd1cated that all cond1t10nal use perm1ts for beer and W1ne are rev1ewed after one year (or pr10r 1f a problem occurs). At that t1me, l1cense could be revoked. Mr. G1lkerson expressed concern that process for revocat10n could take be teen 4 to 6 months as 1n the case of Walt's Wharf. Staff 1nd1cated that when pub11c health and safety 1S at stake, a pre11m1nary 1nJunct10n to cease act1v1ty can be ordered. e Mr. Bud Turch1n of 1625 Seal Way felt that no add1t10nal revenue would be generated to the C1ty, as res1dents des1r1ng beer and W1ne would s1mply purchase at another 10cat10n, therefore, there was no need for another estab11shment offer1ng sale of beer and W1ne. Mr. Jessner declared the pub11c hear1ng closed. Comm1ss10ner Cov1ngton expressed concern that the 7-11 store 1S st1ll w1th1n 100 feet of res1dents oppos1ng sale of beer and W1ne and that the playground 1S st1ll used by ch1ldren. Mr. Cov1ngton felt that S1nce the D1rector of Recreat10n 1nd1cated that the plaY1ng f1elds would be fully ut1l1zed and that the d1sposal of the school was st1ll an unknown factor, that he would have to oppose approval of the cond1t10nal use perm1t. Comm1ss10ner Hunt felt that all the concerns the Ch1ef had expressed or1g1nally, were fully m1t1gated and as expressed 1n the last memorandum by the Ch1ef of Po11ce, he (Ch1ef of Po11ce) was not opposed to the perm1t, therefore Mr. Hunt would approve request. Comm1ss10ner Perr1n moved, second by Cov1ngton, to deny Cond1t10nal Use Perm1t 14-84. AYES: NOES: ABSTAIN: ABSENT: Perr1n, Cov1ngton Hunt Jessner Goldenberg Mot10n Carr1ed . e e - Plann1ng Comm1ss10n M1nutes of 9/19/84 Page 4 Comm1ss10ner Cov1ngton stated that he d1d not feel that the pub11c concerns for safety and those persons uS1ng the playground had been sat1sf1ed, therefore, he opposed the perm1t. However, he d1d state that should C1rcumstances change w1th regard to school s1te, he would hope the app11cant would return to the COlmn1ss10n w1th h1s request. Comm1ss10ner Hunt felt the app11cant was an honorable corporat10n, and that the name of 7-11 was not Just cause for den1al. Cha1rman Jessner stated he was not pr1mar1ly opposed to the cond1t10nal use perm1t, but respected the w1shes of the comm1SS10ner 1n whose d1str1ct the store was located. PUBLIC HEARING - VARIANCE 10-84 - CONDITIONAL USE PERMIT 16-84 - 901 OCEAN AVENUE - WINCH Mr. Baucke 1nd1cated that app11cant was request1ng a~proval of a take- out restaurant w1th on-sale beer and W1ne w1tn less than the requ1red park1ng. Staff d1d 1nd1cate that C1ty Counc1l asked staff to take act10n to 1mplement recorrrmendat10ns of the DowntO\/n Rev1ta11zat10n Task Force w1th regard to park1ng. One of the recommendat10ns was to allow greater flex1b1l1ty e1ther on s1te or off s1te or w1th 1n-11eu fee prograrl for park1ng requ1reUlents. App11cant requests to dev1ate from requ1red park1ng spaces by S1X (6). It was also 1nd1cated that the C1ty Counc1l had or1g1nally approved a request for park1ng var1ance on that s1te by a preV10US app11cant. Recommendat10n by staff was to approve Var1ance 10-84 w1th the follow1ng cond1t10ns: 1) That app11cant prov1de an aGreement 1n wr1t1ng to part1c1pate 1n an 1n-11eu park1ng program or an agreeMent subJect to approval by C1ty Attorney, 2) that all requ1rements of Orange County Health Department and Un1form BU1ld1ng Code be met, 3) that a deta1led landscape and 1rr1gat10n plan be prov1ded as staff has requested, and 4) that the development be 1n accordance w1th s1te plan as approved by the Plann1ng Comm1ss10n. Staff further recommended adopt10n of Cond1t10nal Use Perm1t 15-84 subJect to follow1ng cond1t10ns: 1) that the app11cant prov1de adequate trash fac1l1t1es as approved by staff, 2) that approval 1S subJect to all cond1t10ns estab11shed for V-lO-84 and CUP-16-84, 3) that 10cat10n and operat10n of take-out w1ndows be subJect to staff reV1ew and poss1ble mod1f1cat10n after one year 1f a s1dewalk c1rculat10n problem eX1ts, and 4) that the development be 1n accordance w1th floor plans as approved by Plann1ng COffiP11Ss10n. Recommendat10n for Cond1t10nal Use Perm1t 16-84 was subJect to follow1ng cond1t10ns: 1) CUP 1ssued to Tom and V1ck1 W1nch for on-sale beer and W1ne at 901 Ocean Avenue, 2) that all alcoho11c beverages be conswned ent1rely w1th1n bU1ld1ng and enclosed pat10, 3) that app11cant comply w1th ABC restr1ct1ons, 4) that CUP 1S non-transferable, 5) that no alcoho11c beverage d1splay dev1ces be located 1n w1ndow areas, 6) that staff reV1ew after one year, and that 7) no sale of alcoho11c beverages after 1 a.m. Comm1ss10ner Jessner declared pub11c hear1ng opened. V1ck1 W1nch, the app11cant of 901 Ocean Avenue, 1nd1cated preV10US ownersh1p of a successful restaurant on Westm1nster Avenue s1ffi1lar to proposed restaurant. She also 1nd1cated that beer and W1ne would only be served by wa1tress 1n the S1t down port10n of restaurant, would not be for take out. Also stated Plann1ng Comm1ss1on M1nutes of 9/19/84 Page 5 e that landscap1ng would be prov1ded 1n portable pots S1nce restaurant operat1on 1S for short term. Also under cons1derat1on 1S awn1ngs and canop1es for pat10 area. Comm1ss1oner Perr1n expressed concern whether hand1cap bathroom fac1l1t1es would be needed. Whether or not hand1capped fac1l1t1es were needed would be researched by staff and relayed to app11cant. Mr. Jessner expressed concern that the restaurant not become a dr1nk1ng estab11shment. It was then suggested by Mr. Cov1ngton, w1th the consensus of Co~nm1ss1on and app11cant, that serv1ng hours for beer and W1ne cease at 11 p.m. Sunday through Thursday, and M1dn1ght on Fr1day and Saturday. Pernn moved to approve, second by Conngton, Resolut1on #1341 "A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING VARIANCE 10-84, A REQUEST TO DEVIATE FROM THE REQUIRED PARKING AT 901 OCEAN AVENUE." AYES: NOES: ABSENT: Cov1ngton, Hunt, Jessner, Perr1n None Goldenberg Mot1on Carr1ed Perr1n moved to approve, second by Hunt, Resolut1on #1342, "A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 15-84 FOR A WALK-UP/TAKE-OUT RESTAURANT: TOM AND VICKI WINCH, 901 OCEAN AVENUE." - AYES: NOES: ABSENT: Cov1ngton, Hunt, Jessner, Perr1n None Goldenberg Mot1on Carr1ed Perr1n moved to approve w1th mod1f1cat1on to hours of beer and W1ne serv1ng as prev10usly stated, second by Cov1ngton, Resolut1on #1343, A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 16-84 FOR ON-SALE BEER AND WINE: TOM AND VICKI WINCH, 901 OCEAN AVENUE COMMISSION REQUESTS There were no Comm1ss1on requests. ORAL CO~MUNICATIONS There were no oral commun1cat1ons to Comm1ss1on. COMMISSION COMMUNICATIONS Comm1ss1oner Cov1ngton stated he would have a letter to the State Lands Comm1ss1on for Comm1ss1oners' s1gnature. REPORT FROM SECRETARY Mr. Baucke 1nd1cated Mr. Dana Ogdon, w1ll be J01n1ng the Plann1ng staff 1n October. ADJOURNMENT It was the order of the Cha1r, w1th consent of Co~n1ss1on, to adJourn the meet1ng at 10:40 p.m. e ~ .J2fY: ~. Record1ng Secretary