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HomeMy WebLinkAboutPC Min 1984-12-19 \' I )-... . F~ r - r / ~ SEAl .EACH PLANNING COMMISSION AGENDf City Councl' Chambers 211 Elghth Street Seal Beach. Californla . f'he Seal Beach Planrung CODIIIUSS.lon meets .1n sess.lon every ~.lrst IIIId tlurd "ednesday of each month at '1:30 p.m. If you ".Ish to address the Coeuss.1on on any JlIIrt.1caJa.r. publ.1c bear.lng '-- .Item, tbfl Cba.1rman ".Ill call for publ.1c test.llllOny f.lrst for tho.. .1n favo, ot the proJect, and second, for those "ho are not .In favor. fihen you see that the .peaJl:e~ ~..po~.1 t.1on .In the center of the room .IS unoccup.1ed, step up to the IlUcrophone and "hen r~ by t:Jte Chauman, speak d.lrectly .Into the m1cropbone by fi.rst .t'at"ng lIOUr IWIIe IIIId 4ddress clearly" and d.lst.lnctly for the records. State your business as C:.x..rlll Md SUl:c.1ne.t;.!Y:fJs possJble and then "a.l t a moment to see .1f the CODIIIUss.lotieh have .ny qU.st.1ons .1n regard to your COIII/IIents or 'l1Iest.lons. If there are no other 9best.1ons Dr cc.IIIeMs, return: to your seat so that the next person may address the COIIl/IUss.1on. "r." ?r.' -. - If you ".Ish to address the COmmJ.ss.lpn on matters other than publ.11: IJear.1ngs,. the agenda prov.ldes for that ti.me "hen the Cha.1rman asks for COI/lIIIenu from the PAblJI:. Mkess the COllIIIUSS.lon .In the SlIIIIe manner as stated for jJubl.J.c bearlngs, al"aY8 sat.lng your name and address f.lrst. December 19. 19B4 Next Resolutlon '1354 1. Pledge of Alleglance 2. Roll Call \ 3. Approval of Mlnutes of December 5, 1984 4. Pubhc Hearlngs: A. Condltlonal Use Permlt 18-84 Resolutlon '1351 & 1352 Varlance 14-84 138f, 140 Maln Street (Cont. from 12/5/84) A request for a full service restaurant (breakfast, lunch, dlnner) wlth: On-sale beer. Wlne and dlstl11ed splrlts, and less than the requlred parklng. Envlronmental'Revlew: The proJect is exempt from Envlronmental Revlew. App1lcant: Paul E. Hennessey % Hennessey's Tavern, Inc. Owner: Brlan Kyle .". 5. Study Sesslon: In-heu Parklng Program 6. Commlsslon Requests 7. Oral Communlcatlons 8. Commlsslon Communlcatlons 9. Report from Secretary 10. AdJournment , I ' I' / -. . . PLANNING COMMISSION MEETING OF December 19, 1984 The Seal Beach Plann1ng Comm1ss10n met 1n regular seSS10n at 7:40 p.m. w1th Cha1rman Jessner call1ng the meet1ng to order. Comm1ss10ner Cov1ngton lead the Salute to the Flag. ROLL CALL Present: Cha1rman Jessner Comm1ss10ners Cov1ngton, Hunt, Perr1n, R1pperdan Also Present: John Baucke, D1rector of Development Serv1ces Dana Ogdon, Adm1n1strat1ve A1de Allen Parker, C1ty Manager Dan1el Joseph, Ass1stant C1ty Manager APPROVAL OF MINUTES Perr1n moved, second by Cov1ngton, to approve the m1nutes of the December 5, 1984 regular meet1ng as presented. AYES: NOES: Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan None Mot10n Carr1ed PUBLIC HEARING - CONDITIONAL USE PERMIT 18-84 - VARIANCE 14-84 - 138 1/2 /140 Ma1n Street Mr. Baucke, the Comm1ss10n Secretary, presented the staff report regard1ng a full serV1ce restaurant to be located at 138-1/2 / 140 Ma1n Street, request1ng on-sale beer, W1ne and d1st1lled sp1r1ts, wh1le prov1d1ng less than the requ1red park1ng. He 1nd1cated that th1S publ1c hear1ng was a cont1nuat10n from the December 5, 1984 regular Plann1ng Comm1ss10n seSS10n. Mr. Baucke expla1ned that Slnce the last hear1ng, the appl1cant has proposed to prov1de SlX substandard tandem park1ng spaces adjacent to the restaurant 1n add1t10n to the two garage spaces; to be accompl1shed by the demol1t10n of a garage and placement of tandem park1ng spaces pursuant to the Comm1ss10n's d1rect10n and the Task Forces' clar1f1cat10ns. He also 1nd1cated that the Downtown Task Forces had been requested to meet on December 17th for a clar1f1cat10n of the1r f1nd1ngs, w1th that clar1f1cat10n to be prov1ded to the Comm1ss10n members. Those f1nd1ngs 1nd1cated that each request for a park1ng var1ance shall be accompan1ed by a good fa1th effort on part of the landowner to 1nclude but not be llm1ted to, other cond1t10ns of approval, such as: 1) the removal of non-commerc1al bU1ld1ngs; 1.e., garages, storage sheds, storage yards and other non-conform1ng structures, 2) to arrange the eX1st1ng land area 1nto the opt1mal park1ng layout, 3) to 1ncorporate adjacent parcels 1nto that opt1mal layout, 4) to upgrade park1ng areas as requ1red, and 5) 1f a second story 1S proposed, to shr1nk the bU1ld1ng footpr1nt so as to prov1de add1t10nal on-s1te park1ng. It was also found that the determ1nat10n of whether a bus1ness 1S a restaurant that serves alcohol1c beverages or a bar that serves food 1S under the purV1ew of the ABC. It was also recommended 1n the December 17th meet1ng, . . . Planning Commlsslon Meetlng of December 19, 1984 Page 2 that no ~mposed clos~ng cond~t~ons be placed on new restaurants anywhere ~n the C~ty. Staff recommendat~on was for approval of the cond~t~onal use perm~t and the var~ance appl~cat~on, subject to cond~t~ons. Cha~rman Jessner declared the publ~c hear~ng open to cons~der th~s matter. Paul Hennessey, the appl~cant, ~nd1cated that he had read the staff report and was ~n agreement w~th the cond~t~ons ~n the report and stated by staff. Mr. Br~an Kyle, 240 6th, co-owner of the property and member of the Task Force, spoke ~n favor of the proJect. He stated that he followed through w~th the Task Force recommendat10n to ~ncrease restaurant tenants by br~ng1ng ~n a qual~ty, profess~onal operat~on. He prov1ded the Comm~ss~on w~th a pet~t~on of approx~mately 200 names of Seal Beach res~dents ~nclud~ng many on 8th and 10th Streets who were ~n favor of the proJect. He also ~nd~cated that pet~t~oners were aware of the operat~ng hours. He also expla~ned that a good fa~th effort w~ll be made ~n prov~d~ng on-s~te park~ng by the demol~t10n of a garage. Park~ng sketch was shown by staff ~n deta~l to the aud1ence. Mr. Kyle ~nd~cated there was no problem ~n accept~ng a park~ng agreement as noted ~n staff report. He also ment~oned that landscap1ng would be prov~ded to the approval of C~ty staff. Respond~ng to the Cha~rman, Kyle ~nd~cated he had no obJect~on to the placement of s~gns ~nd~cat~ng park~ng was for Hennessey's. He also ment~oned that doors would rema~n open on the garages for park~ng ava1lab~11ty, that removal of doors was up to F~re Department approval. R~ch Harbour, res~dent of Seal Beach, property owner on Ma~n Street and also a Task Force member, spoke ~n favor of the proJect. He stated that Ma~n Street needs and was recommended by the Task Force, to acqu~re more restaurants. He noted that Task Force was aware of the park~ng problem. He felt that s~nce th~s operat~on was ~n m~ddle of the block, not on the corner, traff~c would pose l~ttle problem. Corky G~ll, owner of Senor Corky's and res~dent of Seal Beach, spoke ~n favor of the proJect. He stated that the reason so many restaurant operat~ons fa~l ~n th~s C~ty ~s that they d~d not have profess~onal expert~se. He stated that ~n the last 4 years, many of the Ma~n Street restaurants have been sold at least once, some more than once. Respond~ng to Comm1ss~on's quest~ons, he ~nd~cated h~s hours of operat~on were 7 days per week, 11 a.m. to 9 p.m. ~n the w~nter and 10 p.m. ~n the summer. Steve Fr~edman, 142 Ma~n Street, spoke ~n favor of the proJect, stat~ng he would have no problem 1~v1ng adjacent to the operat~on. Nan Andrews, co-owner of the Ween~e Works, was support~ve of Hennessey's. She ~nd~cated her restaurant was between the Ir~sher and Clancy's (both bars), and to her surpr~se, d1d not have any problems as a result of her locat~on. Her hours of operat~on were noted as 8 a.m. to 7 p.m. ~n the w~nter and 8 a.m. to 9 or 10 p.m. ~n the summer, 7 days a week. Jay G~rotto, 136 Ma~n Street, also supported the appl~cat~on. As the owner of Runner's H~gh, he ~nd~cated that many runners part~c~pate ~n sports ~n th~s town and would l~ke the ava~lab~l~ty of a soc~al meet~ng place. He ment~oned that the prov~ded 6 park~ng spaces was d~rectly beh~nd the bu~ld~ng he leases and would not affect h~m, even 1f the spaces were occup~ed full t~me by employees. M~ke Haley, 128 6th Street, manager of Senor Corky's and ra~sed ~n the Seal Beach commun~ty, supported the appl~cat~on. He felt that a pos~t~ve approach should be taken w~th regard to the quest~on of hours of operat~on - to only restr~ct hours ~f abuses occur. N1ck Monta~ne, 17 year res~dent of Seal Beach, . . . Plannlng CommlSSlon Meetlng of December 19, 1984 Page 3 1nd1cated full support for appl1cant. Felt the C1ty needs a qual1ty restaurant for the people, that locals generally walk; therefore, park1ng would not be a maJor problem. Charles Antos, 316 10th Street, spoke at length on the need to develop po11cy for "1n 11eu" park1ng program before process1ng these types of app11cat10ns. He 1nd1cated that th1s appl1cat10n w1ll be used to develop that po11cy; therefore 1t should not be dec1ded at th1s t1me. Mr. Baucke responded that the C1ty has those same concerns wh1ch 1S why app11cant w1ll contract for park1ng spaces w1th1n the C1ty'S mun1c1pal lot and that no "1n-11eu" spaces are proposed w1th th1s appl1cat10n. Staff further noted that a park1ng des1gn consultant w1ll be studY1ng needs to prov1de data for the "1n-11eu" program. The C1ty Manager stated that the "1n-11eu" park1ng should not be confused w1th th1s restaurant operat10n 1n that no "1n-11eu" park1ng 1S proposed. Any 1ntens1f1cat10n or expans10n of use of any property on Ma1n Street must come before the Plann1ng Comm1ss10n for a park1ng var1ance, not Just restaurant operat10ns. In the past, bus1nesses have contracted w1th the C1ty for park1ng 1n mun1c1pal lots, wh1ch 1S the recommendat10n for prov1d1ng park1ng for th1s app11cat10n, 1f the C1ty Counc1l approves the grant1ng of the contract. Mr. Frank Laszlo, 4480 Candleberry, requested clar1f1cat10n for der1v1ng needed park1ng spaces. He also asked how many other bus1nesses on Ma1n Street have contracted w1th the C1ty for park1ng. Staff rep11ed that the Merchant's Assoc1at10n have purchased 100 spaces on a S1X month bas1s. No compla1nts have been rece1ved as to the non-ava1lab1l1ty of spaces. It was also ment10ned that Grace Bretheren Church, Tom's Corner Cafe and Old Town W1ne & Gourmet contracts for spaces 1n C1ty mun1c1pal lots. Mr. Laszlo expressed concern that payment be fa1r and equ1table. Mr. Earl Woodruff, 204 7th Street and bus1ness owner on Ma1n Street, spoke 1n favor of Hennessey's. He supported rev1ta11zat10n of Ma1n Street. Fran Levy, 4197 B1rchwood, expressed concern that Task Force recommended 20,000 add1t10nal s.f. of restaurant space, wonder1ng where add1t10nal park1ng could be prov1ded. Staff noted that a des1gn consultant w1ll reV1ew f1nd1ngs to determ1ne whether 20,000 s.f. would be feas1ble. One of the suggest10ns was to clean up areas beh1nd alleys to prov1de more park1ng. Mr. Parker 1nd1cated that the C1ty'S consultant recommended a 6-part program to 1ncrease park1ng; 1.e., clean up alleys, new str1p1ng and s1gns, better use of beach park1ng lots, a merchant va11dat10n program, better use of 8th & 10th Streets mun1c1pal lots, and 1mplementat10n of "1n-11eu" program. S1nce 1mplementat10n of these suggest10ns would not occur for some t1me, that staff's recommendat10n was to use the same method that has h1stor1cally been done and has worked 1n the past, 1.e., contract1ng for park1ng 1n C1ty'S mun1c1pal lot. Parker 1nd1cated that saturat10n of these lots has yet to occur. Mr. Brent Matthews, 218 8th Street, spoke 1n Oppos1t10n to CUP 18-84 and Var1ance 14-84. Mr. Matthews read a prepared statement, 1nd1cat1ng he was represent1ng an unnamed group of concerned c1t1zens. He 1nd1cated Oppos1t10n based on follow1ng reasons: 1) var1ance appproval would grant spec1al pr1v1lege and set a precedent, "1n-11eu" program should be cons1dered f1rst, 3) obJect10n to "pr1vate agreement" regard1ng park1ng should "1n- l1eu" concept not be adopted, and 4) obJect10n to staff's funct10ns alleg1ng b1as toward the app11cant. Mr. Matthews stated 1t was d1ff1cult to determ1ne . . . Plannlng Commlssion Meetlng of December 19, 1984 Page 4 who was speak1ng on whose behalf, that a group of people feel th1s 1S a potent1al 1ssue of pub11c trust. In response, Allen Parker, stated he was sorry there were elements of th1s commun1ty who do not agree w1th staff's pos1t10n. Parker stated that Comm1ss10ners and Counc1lmembers are free to make the1r own dec1s10ns. He further stated that all staff recommendat10ns were open to the pub11c and that the Downtown Study had been on-g01ng for two years. He further stated that c1t1zens had the r1ght to d1sagree w1th staff recommendat10ns, but not the r1ght to ma11gn staff's 1ntegr1ty. Jay Cov1ngton noted that the Comm1ss10n requested Counc1l for d1rect10n on whether or not l1m1tat10ns for off-sale or on- sale of alcoho11c beverages throughout the C1ty were necessary but that d1rect10n was not forthcom1ng. V1ctor Grgas, 216 15th, Counc1lmember, d1d not feel that anyone on the Counc1l had pred1sposed 1deas as to what act10n should be regard1ng l1m1tat10ns for on-sale or off-sale. He d1d feel that each case should be Judged on 1tS own mer1t and that sale of alcoho11c beverages should be 1n conJunct10n w1th the serV1ce of food. Cha1rman Jessner further stated that Comm1ss10n has been 100k1ng for gU1dance, that poss1bly a study should be made. Mr. Grgas stated that Counc1l would look to staff for more 1nformat10n on wh1ch to make sound Judgments. Mr. Parker felt the d1ff1culty from staff's pos1t10n 1S that 1t 1S d1ff1cult to d1scern what ph1losophy of th1s commun1ty 1S. It 1S recogn1zed that there are obJect10ns from the Walt's Wharf enterta1nment 1ssue. Other than the enterta1nment 1ssue, the Po11ce Department has been asked for track records on all 27 eat1ng estab11shments that serve l1quor and there was noth1ng 1n the f1les that 1nd1cated any problems. Therefore, staff does not see any reservat10ns w1th th1s app11cat10n. Recogn1z1ng that some res1dents have obJect10ns, Parker stated that C1ty Hall door 1S open for d1scuss10n of any of these concerns. Steve Fr1edman, 142 Ma1n Street, felt that the Task Forces' meet1ng on December 17th had come to the conclus10n of e11m1nat10n of CUP's. Mr. Cov1ngton stated that was not w1th1n the1r purV1ew. Parker stated that a s1tuat10n eX1sts un1que to Seal Beach, 1.e., Counc1l and Comm1ss10ners always seek to m1t1gate those concerns of any 1nd1v1duals who come before them, wh1ch 1S an 1mposs1ble task. J1m G1lkerson, 1011 Electr1c Avenue, spoke of the format10n of a park1ng d1str1ct 1n the early 60's composed of owners of the 100 block of Ma1n Street. He stated that bonds were 1ssued to bU1ld a park1ng lot to be pa1d off by park1ng meters on Ma1n Street and the lot 1tself. The meters prov1ded suff1c1ent funds to meet the bond payments. Some of the merchants bought the park1ng meters at $50 per year to allow park1ng for the1r customers. G1lkerson stated that when the bonds were pa1d off, the meters were then removed. G1lkerson stated that some of those merchants had pa1d for that park1ng lot on Ma1n Street and therefore the C1ty should not be contract1ng for other estab11shments to have spaces there. G1lkerson further stated that the 1ssue of park1ng should be solved before approval of th1s part1cular app11cat10n. Mr. G1lkerson also expressed concern regard1ng the "1n-11eu" park1ng program because costs may not be equ1table. He also stated that the code requ1res one park1ng space for every 100 s. f. or "port10n thereof," wh1ch would requ1re 36 spaces for th1s app11cant, not 35. Staff, respond1ng to Mr. G1lkerson, stated that the var1ance request takes 1nto account the tandem park1ng, the less than standard S1ze park1ng space. Frank . . . Planning Commission Meetlng of December 19, 1984 Page 5 Laszlo, 4480 Candle berry , felt the Comm1ss10ners should take 1nto account the three l1ves lost on Pac1f1c Coast H1ghway that were alcohol-related dr1v1ng acc1dents. Dave Potter, 1007 Seal Way, EQCB member, was concerned w1th the cumulat1ve effect regard1ng park1ng. He felt that th1s 1ssue would not be exempt from env1ronmental reV1ew. Mr. Baucke stated that th1s part1cular app11cat10n 1S exempt from env1ronmental reV1ew, but that the "1n-11eu" program, once developed, would requ1re an env1ronmental 1mpact report. Bob Cook, 441 Central Avenue, stated that he res1gned from the Plann1ng Comm1ss10n after 6 1/2 years because he felt then that he could no longer pass Judgment on 1ssues that were cr1t1cal to the C1ty because he became conv1nced that complete unb1ased 1nformat10n was not always prov1ded. He further stated that wh1le h1s tenure as a Plann1ng Comm1ss10ner predated present C1ty staff, he was d1sturbed by the procedures 1nvolv1ng th1s app11cat10n and other matters presently before the C1ty. Those 1tems ment10ned were: 1) Comm1ss10ners should be prov1ded w1th a s1te plan, 2) that no ment10n was made of a 10ad1ng zone per Sec. 28-2211, 3) that no reference was made to Sec. 28-2400 wh1ch states no add1t10nal nonconform1ng use shall be estab11shed unless add1t10nal use 1S conform1ng; 4) that emergency eX1t should eX1t onto a pub11c r1ght of way, not an enclosed area, 5) that Task Force recommendat10ns are not the reasons for approv1ng a var1ance, they are matters to be cons1dered, 6) that confus10n eX1sts over suggest10ns made by the Task Force and those made by the consultant, 7) 1ncreas1ng character assaSS1nat10ns and pub11c d1splays of d1sda1n, 8) that "1n-heu" park1ng program w1ll be 1mplemented w1thout any 1mmed1ate assessment of fees, 9) that a poss1b1l1ty of a v10lat10n of the Brown Act occurred on December 17 by hav1ng four Comm1ss10ners present, 9) that no pub11c not1ce was g1ven regard1ng that meet1ng, that 1t was g1ven to a very select group of people, 10) that the Po11ce Department should have been asked to prov1de a record of calls and arrests relat1ng to pub11c nU1sances, drunkeness, braw11ng, m1sch1ef, ect. wh1ch occurs between the hours of 10 p.m. and 2:30 a.m. 1n the 1mmed1ate v1c1n1ty of Ma1n Street and Central and Ocean Avenue. He further stated that the 1ssue 1S the conS1derat10n of the r1ghts of others, 1ns1stence on procedures wh1ch guarantee equal treatment and on full and unb1ased data to make Judgments on and that C1ty Counc1l observe the cod1f1ed r1ghts of th1s Comm1ss10n. Mr. Cook brought to the Comm1ss10n's attent10n that the current computer records of the 1984/85 Orange County Tax Roll shows someone other than Br1an Kyle as the owner and presented proof to the Comm1ss10n. Br1an Kyle 1nd1cated he was a co-owner of the property. M1tz1 Morton felt that a clar1f1cat10n of ownersh1p must be made. Thomas Schuve1ller, 413 Crystal Place, stated he 1S 1n partnersh1p w1th Thomas and Debra Atk1nson, and Br1an Kyle. Staff rep11ed that Paul Hennessey 1S mak1ng the app11cat10n, that Br1an Kyle cert1f1ed that as owner of the property he was knowledgable of app11cant's request. Mr. Kyle stated he would prov1de the C1ty w1th a copy of document wh1ch shows the three partners. Mr. Cov1ngton stated that C1ty Attorney should determ1ne whether documents must show partners. Joe R1bald, Seal Way, expressed p01nt of V1ew that most restaurants would not want to be located 1n a used bU1ld1ng and would need suff1c1ent park1ng for customers. He felt Hennessey's should relocate where they would not Planning Commlsslon Meetlng of December 19, 1984 Page 6 . 1mpact ne1ghbor1ng stores w1th park1ng problems. Mr. Paul Hennessey, the app11cant, stated that h1s des1re was to work w1th the C1ty. Money has been spent on arch1tectural render1ngs and des1gn of the bU1ld1ng. Mr. Hennessey had attended the Dec. 17th Task Force meet1ng, has restaurant operat10ns 1n s1m1lar beach c1t1es w1th park1ng concerns and h1s record stands on 1tS own. He further stated he 1S a protess10nal restauranteur and w1shes h1s project to be an asset to Seal Beach. COIDm1SS10ner R1pperdan felt more deta1ls should have been prov1ded by the app11cant, 1.e., a better s1te plan. Mr. Hennessey expla1ned the menu and proposed hours of operat10n. He noted that there w1ll be three cooks, 3-4 wa1tresses, a bartender and a manager. He ment10ned that no more food would be offered after 1 a.m. Cha1rman Jessner declared the pub11c hear1ng port10n of th1s matter closed. Co~n1ss10ners d1scussed 10ad1ng zones, 1ntens1f1cat10n of use, and other matters. Mr. Cov1ngton felt the resolut10n should reflect all st1pulat10ns for var1ance approval. Mr. Baucke 1nd1cated that 1f the COIDm1SS10n w1shes to act upon th1s matter ton1ght, the resolut10n could be amended to reflect all the var1ances 1nvolved & those changes made to the resolut10n 1f des1red by the Comm1ss10n. He further stated that there 1S legal Just1f1cat10n to make those f1nd1ngs perta1n1ng to the var1ances. Staff 1nd1cated the corrected word1ng for Resolut10n #1351 would be to add a 5th f1nd1ng to read: . "Due to S1ze, shape, 10cat10n and 10cat10n of bU1ld1ngs on th1s property, the str1ct app11cat10n of the code as far as to the form, type, w1dth and 10cat10n of park1ng, and landscap1ng cannot be prov1ded; therefore 1t meets the legal test for var1ance f1nd1ngs under the government and Seal Beach Mun1c1pal Codes and as such, does not const1tute a grant of spec1al pr1v1lege." The COIDm1SS10ners w1shed to add a statement to #1 of the cond1t10ns 1n Resolut10n #1351 to read as follows: "Such annual park1ng agreement w1th the C1ty shall be 1n effect unt1l such t1me as "1n l1eu" program 1S 1n effect; C1ty reta1ns the r1ght then to have app11cant comply w1th any permanent "1n-11eu" program developed. The COIDm1SS10ners also agreed to add #9 to the cond1t10ns of Resolut10n #1351 to read: "That a covenant be recorded on the t1tle of the propert1es wh1ch st1pulates that the S1X tandem park1ng spaces prov1ded on 136 and 136 1/2 Ma1n Street are prov1ded for restaurant use of 138 1/2 and 140 Ma1n Street, such area to be so s1gned as "park1ng" for that restaurant estab11shment." It was also agreed to add a 10th cond1t10n to Resolut10n #1351 to read as follows: . Plannlng Commlss;on Meetlng of December 19, 1984 Page 7 .' "That the garage doors be removed to allow for open, access~ble park~ng." An 11th cond~t~on was then added to Resolut~on #1351 to read as follows: "That a landscap~ng and ~rr~gat~on plan be approved by staff. Comm~ss~oner Perr~n moved, second by Hunt, to approve Resolut~on #1351 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE APPLICATION 14-84, A REQUEST TO ALLOW A 3,512 SQ. FT. RESTAURANT WITH LESS THAN THE REQUIRED PARKING (138 1/2, 140 Ma~n Street) AYES: NOES: ABSTAIN: Hunt, Jessner, Perr~n, R~pperdan None Cov~ngton Mot~on Carr~ed Comm~ss~oner Cov~ngton absta~ned as he feels Resolut~on #1351 should be rev~ewed and approved by the C~ty Attorney, pr~or to enactment. Staff ~nd~cated that the C~ty Attorney rev~ews all Comm~ss~on resolut~ons as standard procedure and the resolut~on w~ll be brought back to the Comm~ss~on ~f the C~ty Attorney determ~nes the need. . Comm~ss~oner Cov~ngton felt that the hours of operat~on for Hennessey's Tavern should be addressed ~n the resolut~on pr~or to act~on. The Comm~ss~on d~scussed at some length the pro's and con's of l~m~ted hours of operat~on. Mr. Parker ~nd~cated that accord~ng to the C~ty Attorney, the ABC preempts local c~t~es over hours of operat~on for alcohol~c beverages. Comm~ss~oner Cov~ngton felt that voluntary restr~cted hours of operat~on for the serv~ng of food by the appl~cant would be perm~ss~ble. Comm~ss~oner Perr~n moved, second by Hunt, to approve Resolut~on #1352, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 18-84, A REQUEST TO ALLOW ON-SALE BEER, WINE AND DISTILLED SPIRITS IN CONJUNCTION WITH A NEW RESTAURANT, w~th the add~t~on to 8th cond~t~on to read "No serv~ng of food after 1:00 a.m.". AYES: NOES: Cov~ngton, Jessner, Hunt, Perr~n, R~pperdan None Mot~on Carr~ed Comm~ss~on recessed at 12:15 a.m., to be reconvened at 12:22 a.m. It was the concensus of the Comm~ss~on and so ordered by the Cha~r to hold "In-L~eu" Park~ng Program unt~l the next meet~ng ~n January, 1985. ORAL COMMUNICATIONS Mr. Baucke ~nd~cated that a prev~ous appl~cant for var~ance (M~tch Sheltraw for Seymore P~zer, 1205 1/2 Seal Way) has requested that h~s den~al be cons~dered w~thout preJud~ce so that he could resubm~t h~s proposal and have the fees wa~ved. Perr~n moved, second by R~pperdan, that Seymore P~zer's appl~cat~on be den~ed w~thout preJud~ce and fees be wa~ved for add~t~onal appl~cat~on. . AYES: NOES: Cov~ngton, Hunt, Jessner, Perr~n, R~pperdan _None Mot~on Carr~ed . -. -- Planning Commlsslon Meeting of December 19, 1984 -Page 8 REPORT FROM SECRETARY Mr. Ronald Kredell wlshes the Commlsslon to study and posslbly amend Sectlon 28-8016 of the Seal Beach Code as lt pertalns to lots of 37t ft. or greater In the R-3 Zone pertalnlng to placement of the thlrd story. Rlpperdan moved, second by Covlngton, to request staff to stl1dy the matter and brlng back a code amendment for thelr conslderatlon at some future date. AYES: NOES: Covlngton, Hunt, Jessner, Perrln Rlpperdan None Motlon Carr led COMMISSION COMMUNICATIONS Commlssloner Covlngton moved, second by Rlpperdan, that staff be requested to study the matter of llmltatlons for on-slte and off-slte sale of beer, Wlne and dlstllled splrlts throughout the Clty, and to brlng the matter back for a publlc hearlng when tlme permlts. AYES: NOES: Covlngton, Jessner, Perrln Rlpperdan Hunt Motlon Carrled ADJOURNMENT It was the order of the Chalr, wlth the consent of the Commlsslon, to adjourn the December 19, 1984 regular meetlng at 12:50 a.m. ~ J<4~. ~ Recordlng Secretary