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HomeMy WebLinkAboutPC Min 1984-12-05 SEAL ~ACH PLANNING COMMISSION AGENDI City Councll Chambers 211 Elghth Street Seal Beach, Callfornla '. 7'he Seal Beach Pla1l1Ung COJll/lUss~on meets ~n sess~on every f~rst and th~rd Wednesday of each month at '} 30 p.m. If you w~sh to address the COlllllUss~on on any part~cular publ~c heanng ~tem, the Cha~rman w~ll call fc~. ;; __ _...mo..~ f__...t f.:JI 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 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 Comm~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 COlllllUss~on If you w~sh to address the COlllllUss~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 COlllllUss~on ~n the same manner as stated for publ~c hear~ngs, always stBt~ng your name and address f~rst December 5, 1984 1. Pledge of Alleglance 2 Roll Call Next Resolutlon #1354 3 Approval of mlnutes of November 21,1984 4 Presentatlon of Resolutlon 1347 to ~:lchael Goldenberg A Resolutlon honorlng hlm for hlS dedlcated serVlce to the Clty of Seal Beach as a member of the Plannlng Commlsslon. 5 PubllC Hearlngs Contlnued Items . A. Zonlng Text Amendment 2-84 Resolutlon #1348 A request to establlsh speclflc llmltatlons and publlC reVlew procedures for structural alteratlons, enlargements or expanSlons to nonconformlng bUlldlngs or uses (Contlnued from November 21,1984) EnVlronmental Revlew Negatlve declaratlon 6-84 has been prepared In lleu of an Envlronmental Impact Report Appl1cant Clty of Seal Beach New Items B Condltlonal Use Permlt 17-84 Tentatlve Parcel ~aD 84-1004 360 12th Street Resolutlon #1349 & 1350 A request to convert an eXlstlng two-story duplex lnto two condomlnlum unlts EnVlronmental Revlew The proJect lS categorlcal1y exempt from Envlron- mental Revlew, Callfornla Publ1C Resources Code 15301 Class 1 (K) ADD" ca nt Owner Charles Antos John Moore . C Condltlonal Use Permlt 18-84 Van ance 14-84 1381, 140 Maln Street Resolutlon #1351 & 1352 A request for a full serVlce restaurant (breakfast, lunch, dlnner) wlth On-sale beer, Wlne and dlstllled splrlts, and less than the requlred parklng SEAL EACH PLANNING COMMISSION AGEND, December 5, 1984 Page 2 . Env1ronmental Rev1ew The proJect 1S exempt from Env1ronmental Rev1ew. Appl1cant Paul E. Hennessey % Hennessey's Tavern, Inc Owner Bnan Kyle D Adm1n1strat1ve Appeal 1-84 408 Marble Cove Way An appeal of the Department of Development Serv1ces' determ1nat1on that construct1on of a planter wall across a dr1veway does not conform to the Mun1c1pal Code Resolut1on #1353 EnV1ronmental Rev1ew Th1S proJect 1S categor1cally exempt from Env1ronmental Rev1ew, Cal1forna Publ1C Resources Code 15301 Class l(E). Appl1cant Len & Debby Dan1ello Owner' Same 6. Study Sess10n . In-l1eu Parklng Program 7 Comm1ss1on Requests 8. Oral Commun1cat1ons 9. Commlss1on Communlcatlons 10. Report from Secretary 11 AdJournment . . . . PLANNING COMMISSION MEETING OF December 5, 1984 The Seal Beach Plannlng Commlsslon met In regular seSSlon at 7:35 p.m. wlth Chalrman Jessner call1ng the meetlng to order. Commlssloner Hunt lead the Salute to the Flag. ROLL CALL Present: Chalrman Jessner 'Commlssloners Covlngton, Hunt, Perrln, Rlpperdan Also Present: John Baucke, Dlrector of Development Servlces Dana Ogdon, Admlnlstratlve Alde Allen Parker, Clty Manager APPROVAL OF MINUTES Covlngton moved, second by Perrln, to approve the mlnutes of the November 21, 1984 regular meetlng as presented. AYES: NOES: Covlngton, Hunt, Jessner, Perrln, Rlpperdan None Motlon Carrled PRESENTATION: Chalrman Jessner presented former Commlssloner Mlchael Goldenberg wlth framed Resolutlon No. 1347 honorlng the Commlssloner for hlS serVlce to the Clty. Mr. Goldenberg expressed hlS thanks to the Commlsslon members for thelr help durlng hlS term. POlntlng out that Mlchael Goldenberg wlll be mlssed, MltZl Morton thanked hlm for hlS conSClentlOUS efforts. PUBLIC HEARING - ZONING TEXT AMENDMENT 2-84 A proposed zonlng text amendment entltled ZTA 2-84, to establlsh speclflc llmltatlons and publlc reVlew procedures for structural alteratlons, enlargements or expanSlons to nonconformlng bUlldlngs or uses was presented to Commlsslon for thelr conslderatlon. The Commlsslon Secretary, Mr. Baucke, noted that thlS amendment has been before the Commlsslon on October 17, 1984 for a study seSSlon and at the Commlsslon's November 21, 1984 meetlng for a publlc hearlng, WhlCh was contlnued to thlS current meetlng. Recommendatlon by staff was for approval of the amendment. ReplYlng to Commlssloner Covlngton, staff lndlcated that thlS revlsed verSlon of ZTA 2-84 thoroughly addresses and lncludes all comments, recommendatlons and modlflcatlons dlscussed prevlously. Commlssloners further dlscussed whether to restrlct enlargements by a percentage flgure, whether to allow addltlonal bedrooms and bathrooms under major alteratlons lf parklng requlrement lS met. Declslon was to leave amendment as lS. Chalrman Jessner declared publlC hearlng open. Joyce Ross, 1109 1/2 Seal Way, favored the adoptlon of ZTA 2-84 as a method to cleanlng up many nonconformlng unlts In town. Robert Cook, 441 Central, questloned whether thlS amendment was an attempt to handle varlety of alteratlon requests that have come before Plannlng Department, rather than an attempt to clean up nonconformlng bUlldlngs. In reply to questlon by MltZl Morton, 153 13th, staff stated that under Plann1ng Comm1ss10n Meet1ng of December 5, 1984 Page 2 . present code, you could not enlarge a duplex that has only tandem park1ng. As there were no further commun1cat10ns for or aga1nst th1s matter, Cha1rman Jessner declared the pub11c hear1ng closed. NEGATIVE DECLARATION NO. 6-84 - ZTA 2-84 Perr1n moved, second by Hunt to approve Negat1ve Declarat10n 6-84. Cov1ngton declared he would approve as ZTA 2-84 as presented 1ncludes a reasonable and useful balance among the var10US concerns that have been expresed dur1ng pub11c hear1ng process. AYES: NOES: Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan None Motlon Carr1ed RESOLUTION NO. 1348 - A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING AND RECOMMENDING TO CITY COUNCIL ADOPTION OF ZONING TEXT AMENDMENT ZTA 2-84 PERMITTING SPECIFIC MINOR AND MAJOR STRUCTURAL ALTERATIONS, ENLARGEMENTS OR EXPANSIONS TO LEGAL NONCONFORMING BUILDINGS AND USES BY ISSUANCE OF A CONDITIONAL USE PERMIT Perr1n moved, second by Cov1ngton, to approve Resolut10n #1348 as presented. AYES: NOES: Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan None Mot10n Carr1ed . PUBLIC HEARING - CONDITIONAL USE PERMIT 17-84 - TENTATIVE PARCEL MAP 84- 1004 - 360 12th Street Charles Antos, agent for the app11cant, requested that th1s 1tem be taken at a later tlme dur1ng Comm1ss10n meetlng, as he was not prov1ded w1th copy of staff report and background mater1al, and would need t1me to study the matter. It was the concensus of Comm1ss10n and so ordered by Cha1r, that th1s matter be heard later 1n the Comm1ss10n meet1ng. PUBLIC HEARING - VARIANCE 14-84 - CONDITIONAL USE PERMIT 18-84 - 138 1/2 / 140 Ma1n Street The D1rector of Development Serv1ces presented the staff report regard1ng a full serV1ce restaurant to be located at 138 1/2 / 140 Ma1n Street, requestlng on-sale beer, W1ne and d1st1lled splr1ts, wh11e prov1d1ng less than the requ1red park1ng. Mr. Baucke stated that staff recommmendat10n was to approve CUP 18-84, address1ng the on-sale beer, W1ne and dlst11led sp1r1ts operat10n w1th cond1t10ns as noted 1n the report; and to approve Var1ance 14-84 addresslng the less than requ1red park1ng, subJect to cond1t10ns as noted 1n staff report. Comm1ss10ners d1scussed "grandfather1ng," the fact that no on-S1te park1ng spaces are prov1ded when task force recommendat10n states that "a portlon of the park1ng spaces must be prov1ded on-s1te," and d1scussed hours of operat10n for a restaurant offer1ng on-sale beer, W1ne and d1st11led sp1r1ts. Cha1rman Jessner declared the pub11c hear1ng open to cons1der th1s matter. Mr. Leroy Tardy, V1ce Pres1dent of Hennessey's Taverns, made h1mself ava1lab1e for quest10ns as the app11cant's representat1ve. Respond1ng to Comm1ss10ner Cov1ngton, Mr. Tardy stated that Hennessey's . . . . Plann1ng Comm1ss10n Meet1ng - December 5, 1984 Page 3 would prefer to have the hours of operat10n rema1n as requested. He also noted that no enterta1nment was planned, that Hennessey's 1S propos1ng a restaurant operat10n only. Mr. Br1an Kyle, 240 6th Street, one of the owners of the subject property and a member of the Downtown Task Force, stated that he had wa1ted for the f1nd1ngs of the Task Forces before 1n1t1at1ng th1s app11cat10n. Ind1cat1ng that he had been approached by others for development of th1s property: for a gym, for a char1table organ1zat10n des1rous of a m1SS10n, for a restaurant wh1ch was 1mmed1ately turned down because 1t was not qua11ty. He expla1ned S1nce the Task Forces recommended an 1ncrease 1n restaurant tenants for Ma1n Street rev1ta11zat10n, that Hennessey's w1th 1tS spotless reputat10n and qua11ty operat10n was hoped to be of a benef1t to the commun1ty. Mr. Cov1ngton requested clar1f1cat10n from Mr. Kyle of Task Forces recommendat10ns w1th regard to prov1d1ng a port10n of on-s1te park1ng. Kyle responded that 1f 1t was poss1ble, park1ng should be prov1ded. However, prov1d1ng park1ng on-s1te to property bU1lt to the maX1mum would mean tear1ng down a port10n of the bU1ld1ng. Gerry West, 1201 Electr1c, member of the Park1ng Task Force, stated that the Task Force meant a port10n of on-S1te park1ng spaces must be prov1ded. She further stated that th1s app11ed not only to mod1f1cat10ns to bU1ld1ngs, but to bU1ld1ng usage, wh1ch should have been 1ncluded 1n the f1nd1ngs but was not. M1tz1 Morton, 153 13th Street, member of Market1ng & Bus1ness Analys1s Task Force, 1nd1cat1ng that the not1ce of pub11c hear1ng sent to all property owners d1d not ment10n the hours of operat10n. She expressed concern over 2 a.m. clos1ng t1me. Ellen Gr1ff1n, 127 & 129 10th Street, expressed concern over late n1ght traff1c n01se from patrons leav1ng the restaurant, along w1th n01se from restaurant clean-up 1n the alley wh1ch 1S adjacent to her home. Mr. Bob Cook, 441 Central Avenue, made the observat10n that Task Force recommendat10ns should not be v1ewed as law. He noted that var1ance app11cat10ns should show hardsh1p as cause for grant1ng, wh1ch 1S not the case here. Allen Parker, C1ty Manager, expla1ned that task forces' f1nd1ngs were the results of two years of study by members of the commun1ty. He stated the Task Force d1d say you must make a good fa1th effort 1n prov1d1ng on-S1te park1ng. He further stated the d1lemma 1S: Do you tear down bU1ld1ngs to prov1de park1ng spaces? The Task Force recommended an 1ncrease 1n restaurants for Ma1n Street, p01nt1ng out that restaurants must compete 1n a 3 m1le area, not a 3 block area, that other compet1ng restaurants such as Seafood Br01ler, Rum Runner's, etc. use the ABC rules for hours of operat10n wh1le serv1ng beer, W1ne and d1st111ed sp1r1ts. Parker stated that th1s property owner has made a good fa1th effort to comply w1th the Task Force's recommendat10ns, that 1f the Comm1ss10n w111 be sett1ng forth rules w1th regard to th1s 1ssue, staff should be aware of those rules, 1.e. w111 there be restr1cted hours of operat10n for Ma1n Street restaurants, w111 there be no more off-s1te sale of alcohol, must park1ng be prov1ded for propert1es bU11t to the maX1mum, 1S 1ntens1f1ed use greater 1ssue than a second story. Parker also ment10ned the comp1ex1t1es 1n com1ng up w1th costs for "1n-11eu" park1ng program. Brent Matthe\ofs, 218 8th Street, opposed the app11cat10n, stat1ng that 8th and 10th Streets should not be conS1dered as a buffer zone due to the rev1ta11zat10n of Ma1n Street. Mr. Shakar, General Manager of Hennesseys, 1nd1cated that . . . Plann1ng Comm1ss10n Meet1ng of December 5, 1984 Page 4 the Comm1ss10n has been prov1ded w1th letters of recommendat10ns from the po11ce departments of the c1t1es 1n wh1ch Hennessey's has restaurants. He also p01nted out that as noted 1n the floor plans, a buffer area near the alleyway would m1t1gate n01se problem, and that the restaurant would be w1111ng to h1re valets for park1ng. He further stated that w1shed to work w1th the env1ronment, not to d1sturb 1t. Rep11ng to Cov1ngton's request, an early clos1ng hour could be enterta1ned. Reva Turch1n, 1625 Seal Way, 1nd1cated her ma1n concern was the 2 a.m. clos1ng t1me. Bob Cook stated the Comm1ss10n must dec1de whether they are add1ng to or subtract1ng from the value of 11fe 1n the commun1ty. M1tz1 Morton stated that the f1nd1ngs of the Task Forces were the result of consultants' recommendat10ns and the C1ty'S des1re for more revenue. Mr. Parker stated that many alternat1ves were noted 1n the f1nd1ngs, that the f1nal report was agreed to by all the Task Force members. He further noted that the hours of operat10n was never addressed, although 1t 1S clearly the 1ssue 1n th1s case. Cov1ngton moved, second by R1pperdan, to cont1nue pub11c hear1ng unt11 December 19, 1984 to allow add1t10nal 1nput from the Task Force w1th regard to hours of operat10n and need for on-s1te park1ng. AYES: NOES: Cov1ngton, Jessner, Perr1n, R1pperdan Hunt Mot10n Carr1ed Meet1ng recessed at 10:15 to reconvene at 10:29. PUBLIC HEARING - CONDITIONAL USE PERMIT 17-84 - TENTATIVE PARCEL MAP 84- 1004 - 360 12th Street Mr. Baucke presented the staff report deta111ng request to convert an eX1st1ng two-story duplex 1nto condom1n1um un1ts. Recommendat10n by staff was for approval of the condom1n1um converS10n subJect to cond1t10ns as noted 1n staff report. Charles Antos, 316 10th Street, author1zed agent for the app11cant, made h1mself ava11able for quest10ns. Respond1ng to quest10n1ng by Comm1ss10n, Antos stated that the tenants were not1ced but not1ces were not 1ncluded w1th app11cat10n. It was the consensus of the Comm1s1son and so ordered by the Cha1r to 1nclude a 7th cond1t10n 1n Resolut10n #1350 stat1ng "ev1dence of pr10r not1ce to tenants per State law be prov1ded before Counc11 approval. Cha1rman Jessner declared pub11c hear1ng open to cons1der th1s matter. E11zabeth He1nz, 350 12th Street spoke 1n favor of condom1n1um converS10n as 1ncreas1ng value of surround1ng property. There were no other commun1cat10ns for nor aga1nst the matter, therefore the pub11c hear1ng was closed. Comm1ss10ner Cov1ngton moved, second by R1pperdan to approve Resolut10n No. #1349, "A Resolut10n of the Seal Beach Plann1ng Comm1ss10n Approv1ng Cond1t10nal Use Perm1t 17- 84 for the Convers10n of a Duplex 1nto a 2-Un1t Condom1n1um" as presented. AYES: NOES: Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan None Mot10n Carr1ed Comm1ss10ner Cov1ngton moved, second by R1pperdan, to approve Resolut10n #1350, A Resolut10n of Plann1ng Comm1ss10n of the C1ty of Seal Beach, Ca11forn1a, Approv1ng Tentat1ve Parcel Map 84-1004" (w1th add1t10n of 7th cond1t10n). . Plann1ng Comm1ss1on Meet1ng of December 5, 1984 Page 5 AYES: NOES: Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan None Mot1on Carr1ed . PUBLIC HEARING - ADMINISTRATIVE APPEAL 1-84 - 408 Marble Cove Way Mr. Baucke presented the staff report for an appeal of the Department of Development Serv1ces' determ1nat1on that construct1on of a planter wall across a dr1veway d1d not conform to Seal Beach Mun1c1pal Code for the Comm1ss1on's cons1derat1on. Recommendat1on by staff was to deny appeal because: 1) cond1t1onal approval of plans spec1f1cally precluded the construct1on of planter area, 2) that construct1on of planter area was constructed w1thout approval of proper perm1ts, that planter construct1on proh1b1ts requ1red 1ngress and egress from the un1t's garage area, and that the park1ng area rema1n1ng after planter construct1on does not meet Mun1c1pal Code. Cha1rman Jessner declared pub11c hear1ng open and 1nv1ted app11cant, Len Dan1ello, to address the Comm1ss1on. Mr. Dan1ello fully expla1ned that he purchased the home recently w1th the garage be1ng used as a den. Mr. Baucke's concerns were that the planter wall 1n front of bU1ld1ng cut off veh1cle access to the garage. Mr. Dan1ello further expla1ned that he felt BU1ld1ng Inspector should have placed a "stop lv-ork" not1ce on the construct1on of the planter wall when he 1nspected the foundat1on for adJacent wall. Add1t1onal d1scuss1on was held between the Comm1ss1on, staff and the app11cant. Cov1ngton moved, second by Hunt, to cont1nue th1s pub11c hear1ng and Adm1n1strat1ve Appeal 1-84 at the January 2nd meet1ng, to allow statements by BU1ld1ng Inspector to be 1ncluded dur1ng h1s 1nspect1ons of August 2nd and August 9th, 1984. AYES: NOES: Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan None Mot1on Carr1ed STUDY SESSION Mr. Baucke presented staff report regard1ng "In-11eu" Park1ng Program for the Comm1ss1on's cons1derat1on. It was suggested Comm1ss1on reV1ew and d1scuss at a future date. ORAL COMMUNICATIONS Mr. Ch1 Kredell, 1615 Seal Way, owner of property at 1632 Seal Way requested Comm1ss1on's op1n1ons regard1ng placement of bU1ld1ng on front half of the lot rather than rear. The purpose would be to take advantage of the V1ew from that area. Comm1ss1on stated that var1ance app11cat1ons should show un1queness of s1tuat1on as bas1s for approval. co~mISSION REQUEST Comm1ss1on requested that they be 1nformed of any appeals g01ng before the Counc1l regard1ng Plann1ng Comm1ss1on's deteterm1nat1ons. REPORT FROM SECRETARY Mr. Baucke 1nd1cated the Szczerban appeal would be before the Counc1l at the1r next meet1ng. . ADJOURNMENT It was the order of the Cha1r, w1th the consent of the Comm1ss1on, to adJourn the December 1984 meet1ng at 12:20 p.m. set. ~