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HomeMy WebLinkAboutPC Min 1985-09-18 SEAL BEACH PLANNING COMMISSION AGENDA Clty Council Chambers 211 El9hth Street Seal Beach, Callfornla '. The Seal Beach Planzung 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 Comnuss~on on any parhcular publ~c hear~ng ~tem, the Cha~rman w~ll call for publ~c test~mony 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~ hon ~n the center of the room ~s unoccup~ed, step up to the lIUcrophone and when recogn~zed by the Cha~rman, speak d~rect:ly ~nto the lIUcrophone by f~rst stat~ng your name and address clearly and d~sunctly 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 conunents or quest~ons. If there are no other quest~ons or conunents, return to your seat so that the next person may address the ComlIUss~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. SEPTEtlBER 18, 1985 NEXT RESOLUTION #1399 1. 2. 3. 4. . 5. Pledge of Plleglance Roll Call Report from Secretary Consent Calendar At thlS tlme, menbers of the publlC may oresent testlmony to the Commlsslon as to why any ltem should be removed from the consent calendar for a full and separate publlC hearlng. Unless a Cornmlssloner requests a full publlC hearln9, all consent calendar lteMS wlll be acted upon the sUl'lllary vote. A. Mlnutes Of~l, 1985 PubllC Heanngs A. ZONING TEXT N1ENDMENT 6-85 Resolutlon ;1390 A request to amend the Munlclpal Code provlslons pertalnlng to constructlon to conformlng and non-confornlng bUlldlngs located In Dlstrlct III (Surfsl de). Code Sectlon 28-506 Envlronmental Revlew Negatlve Declaratlon 7-85 has been preoared In lleu of an Envlronmental Impact Peport. Appllcant. Clty of Seal Beach/Surfslde Colony, Ltd Staff requests that thlS ltem be contlnued to October Ie, 1ge5 B. ZONING TEXT At'Etm~'ENT 7-85 Clty of Seal Beach A request to allow accessory commerclal uses for tenants only located wlthln the R-3 (Hlgh Denslty Resldentlal) Zone. Envlronmental Revlew. Negatlve Declaratlon 8-85 has been prepared In lleu of an Envlronmental Impact Report. Appllcant Clty of Seal Beach Resolutlon #1394 C. CONDITIONAL USE PERtHT 11-85 VARIANCE 7-85 16305 P.C.H. (Kayo 011) Resolutlon #1397 .,. A request to re-establlsh a currently defunct serVlce statlon use wlthln a C-2 (~eneral Commerclal) zone wlthout meetlng the requlred yard setbacks The appllcant has also requested to establlsh, In conJunctlon wlth t~e serVlce statlon use, a market use on the property \IhlC~ would othenll~e be prohlblted by code Code Sectlons 28-1400(11)(c), 28-2318, 28-2500, 28-2503 Envlron~ental Revlew The prOJect lS categorlcally exempt from EnvlronlTlental Revll~\I rCal1forma GovernMent Code Sectlon 15301(d)]. SEPTEMBER 18, 1985 . Page 2 Appllcant. Kayo 011 Company - DBA JET Owner Grace B. Noel D. CONDITIONAL USE PERMIT 17-85 VARIANCE 13-85 216 Main Street (Serge) A request to allow a walk-on/take-out frozen yogurt establlshment located wlthln a C-1 (Servlce Commerclal) zone wlthout provldlng the requlred parklng. Code Sectlons. 28-1300(7), 28-1304(4), 28-2500, 28-2503 Envlronmental Revlew. ThlS prOJect 1S categorlcally exempt from Envlronmental Revlew [Callfornla Government Code Sectlon 15301]. Appllcant. Cheryl Serge Owner. Bank of Amerlca/Koontz Resolutlon #1393 E. CONDITIONAL USE PERMIT 550 P C.H (Coker) Resolutlon #1396 . A request to allow a commerclal pet groomlng servlce wlthln a C-2 (General Commerclal) Zone Code Sectlons 28-1300(g), 28-2503 Envlronmental Revlew The proJect 1S categorlcally exempt from Envlronmental Revlew [Callfornla Government Code Sectlon 15303(c)]. Appllcant Paul Coker (The Ark) Owner James Watson (Bay Clty Center) F. CONDITIONAL USE PERMIT 500 P.C.H (Calvln) Resolutlon #1333 A request to extend the hours of serVlce of alcohol wlthln an eXlstlng restaurant (Rlb Factory) Sectlon. 28-2503 Appllcant Blest, Inc./Norm CalVln Owner: James Watson (Bay Clty Center) 6. Scheduled Matters The publlC may speak at the dlscretlon of the Commlsslon 7. Commlsslon Requests 8. Oral Communlcatlon from the Audlence 9. Commlsslon Communlcatlons 10. AdJournment AGENDA FORECAST . October 2, 1985. VARIANCE 11-85 Parasol Restaurant VARIANCE 12-85 Lucky Stores 12451 Seal Beach Blvd. ZTA 7-85 Clty of Seal Beach Accessory Commerclal Uses In the R-3 Zone October 16, 1985 ZTA 6-85 Surfslde Colyn, LTD./Clty of Seal Beach Nonconformlng BUlldlng PrOV1S1ons Dlstrlct III, Surfslde PLANNING COMMISSION MEETING OF SEPTEMBER 18, 1985 . The Seal Beach Plannlng Commlsslon met In regular seSSlon at 7:39 p.m. wlth Chalrman Jessner call1ng the meetlng to order. Commlssloner Rlpperdan led the Salute to the Flag. ROLL CALL Present: Chalrman Jessner Commlssloners: Covlngton, Hunt, Rlpperdan Absent: CommlSSloner Perrln Also Present: John M. Baucke, Dlrector of Development Servlces Chalrman Jessner lndlcated that Commlssloner Perrln had contacted hlm by telephone to advlse the Commlsslon that he would be unable to attend tonlght's meetlng due to a buslness matter, and he requested to be excused. Mr. Covlngton moves to excuse Mr. Perrln's absence from the September 18, 1985 Plannlng Commlsslon meetlng. Mr. Rlpperdan seconds. AYES: NOES: Covlngton, Hunt, Jessner, Rlpperdan None Motlon Carrled . REPORT FROM SECRETARY Mr. Baucke, Commlsslon Secretary, requested the consent of the Commlsslon for the followlng ltems: 1) That ZTA 6-85 be contlnued to the October 16, 1985 Plannlng Commlsslon meetlng. 2) That ZTA 7-85 be contlnued to the October 2, 1985 meetlng. 3) That CUP 11-85 and Varlance 7-85, Kayo 011, be wlthdrawn as requested by the appllcant. CONSENT CALENDAR There was one ltem on the consent calendar for the Commlsslon's conslderatlon: 1) the mlnutes of the August 21, 1985 Plannlng Commlsslon meetlng. Chalrman Jessner made the followlng correctlons to the mlnutes: Page 2, thlrd 11ne down from top of page, amend "world" to "word". Page 5, slxth llne down from top of page, delete the word "requlred" and replace wlth "removed". Mr. Jessner asked staff lf a Resolutlon would be brought before the Commlsslon In regards to Varlance 10-85, 323 Maln St. Mr. Baucke lndlcated that the appllcant has requested that the appllcatlon be put on hold, but Mr. Baucke lndlcated that a Resolutlon would be brought before the Commlsslon at the next meetlng. Mr. Covlngton noted a correctlon on Page 7 of the August 21, 1985 mlnutes: Second paragraph, fl fth 11 ne down, correct "thl s" to "these". . Mr. Rlpperdan moves to approve the mlnutes of the August 21, 1985 Plannlng Commlsslon meetlng as amended. Mr. Covlngton seconds. P1annlng COmmlSS10n Meetlng of September 18, 1985 Page 2 . AYES: NOES: Covlngton, Hunt, Jessner, Rlpperdan None Motlon Carrled At the request of the Commlsslon, Mr. Baucke presented an overVlew of the ltems that staff had requested to be contlnued and wlthdrawn. Mr. Baucke lndlcated that the flrst ltem, ZTA 6-85, pertalnlng to constructlon to conformlng and non-conformlng bUl1dlngs In Surfslde, staff was requestlng to be contlnued to the October 16, 1985 P1annlng Commlsslon meetlng so to allow a representatlve of the Surfslde Board of Dlrectors and the Orange County Flre Department to provlde addltlona1 lnformatlon. Mr. Covlngton moves to contlnue Zonlng Text Amendment 6-85 to the October 16, 1985 P1annlng Commlsslon meetlng. Mr. Hunt seconds. AYES: NOES: Covlngton, Hunt, Jessner, Rlpperdan None Motlon Carrled . Mr. Jessner mentloned to staff that when contactlng representatlves of the Surfslde Board of Dlrectors, request that the Surfslde property owners be notlfled so that they may have the opportunlty to speak. Mr. Baucke lndlcated that the next ltem, ZTA 7-85, a request to allow accessory commercla1 uses for tenants only located wlthln the R-3 (Hlgh Denslty Resldentla1) Zone, was requested to be contlnued to the October 2, 1985 P1annlng Commlsslon meetlng so to allow staff an adequate amount of tlme to reVlew the Commlsslons's comments on the proposed ordlnance and to made those modlflcatlons In the proposed ordlnance as they felt approprlate. Mr. Hunt moves to contlnue Zonlng Text Amendment 7-85 to the October 2, 1985 P1annlng Commlsslon meetlng. Mr. Rlpperdan seconds. AYES: NOES: Covlngton, Hunt, Jessner, Rlpperdan None Motlon Carrled The last ltem, CUP 11-85 and Varlance 7-85 was a request to be wlthdrawn by the app11cant, Kayo 011, due to the dlfflcu1tles related to the re- estab11shment of a serVlce statlon use at thlS 10catlon. Mr. Hunt moves that Condltlona1 Use Permlt 11-85 and Varlance 7-85 be wlthdrawn per the app11cant's request. Mr. Rlpperdan seconds. AYES: NOES: Covlngton, Hunt, Jessner, Rlpperdan None Motlon Carrled . CONDITIONAL USE PERMIT 17-85 - 216 Maln Street VARIANCE 13-85 Staff report, presented by Mr. Baucke, lndlcated that thlS ltem was a request to allow a wa1k-ln/take-out frozen yogurt-sandwlch estab11shment located wlthln a C-l Zone wlthout provldlng the requlred parklng. Mr. Baucke presented s11des of the subJect property to the Commlsslon so that the Commlsslon members could better vlsua11ze what was belng proposed. . Plannlng Commlsslon Meetlng of September 18, 1985 Page 3 He also presented the facts relatlng to the subJect property and gave staff's recommendatlon to approve CUP 17-85 wlth the 4 condltlons noted In the staff report and approval of Varlance 13-85 wlth the 7 condltlons as noted In the staff report. Mr. Baucke also spoke In reference to Attachment A, staff's deslgn proposal to be lnstltuted at the property. Mr. Baucke dlscussed the parklng requlrements wlth the Commlsslon maklng reference to the adJolnlng property, 214 Maln Street, WhlCh lS also owned by the same property owner as 216 Maln Street. Mr. Baucke noted that by deslgn, staff's proposal (Attachment A) wlll provlde better lngress and egress from both locatlons. Mr. Rlpperdan asked staff lf the parklng for 214 and 216 Maln Street would be lnterchangeable. Mr. Baucke lndlcated that lt would be due to the two propertles belng under the same ownershlp. Mr. Baucke stated to the Commlsslon that staff researched approxlmately 15 dlfferent deslgn proposals, and the proposal before the Comm1ss10n tonlght appeared to be the best des1gn. Mr. Rlpperdan d1scussed wlth Mr. Baucke h1S concern wlth the alley park1ng. Mr. Baucke lndlcated that thlS plan was staff's lntent to maXlmlze the ava1lable park1ng, and the employees would most llkely utlllze the alley parklng. . Chalrman Jessner declared the publlc hearlng open. Cheryl Serge, 6334 Elmqu1st, Whltt1er, appllcant, requested approval of her appllcatlon and made herself ava1lable to the Commlss10n for any questlons. Mr. Covlngton asked to whom Ms. Serge was the agent for. Ms. Serge 1ndlcated that she was the agent for the ownershlp of the property. Mr. Covlngton was concerned that th1S appllcatlon d1d not provlde a slgnature from the owner. Ms. Serge lndlcated that Bank of Amer1ca holds the property In trust and the owners leased the property to Charles R1ley who lS subleas1ng the property to her. She stated that she dld have a lease but dld not have a copy of lt here tonlght. Mr. Covlngton requested that the Commlsslon be provlded wlth a copy of that lease along wlth the owner's slgnature. Mr. Hunt asked the appllcant 1f she was 1n agreement w1th all of the 7 condltlons as recommended by staff. Ms. Serge stated that these 7 cond1tlons were acceptable. Mr. Hunt dlscussed wlth Mr. Covlngton the matter of the owner's slgnature and a copy of the lease agreement. Mr. Covlngton felt that 1f the Commlsslon was not presented wlth documented lnformatlon, there was no rlghtful appllcatlon for a Condltlonal Use Permlt or Varlance. Mr. Hunt felt that another condlt10n could posslbly be added to prov1de the proper documentatlon, and the Commlsslon could go ahead now to approve both of the appllcat10ns. Mr. Rlpperdan noted that the appl1catlon provlded an Owner's Affldav1t Wh1Ch once slgned by the appllcant, made her the author1zed agent, and he also made reference to the slxth paragraph of the flrst page of the appllcatlon pertalnlng to thlS authorlzat10n. No other members spoke In favor of nor In Opposltlon to th1S ltem. Chalrman Jessner closed the publlc hearlng. . Mr. Baucke suggested to the Commlsslon that due to the fact that no Resolutlon was before the Comm1ss10n tonlght, the Commlsslon could take actlon on these appl1catlons and formallze these actlons at the next meet1ng when the Resolutlons were presented along wlth the proper documentatlon. Mr. Cov1ngton dlscussed wlth Mr. Baucke hlS concerns of taklng act10n on these Plannlng Commlsslon Meetlng of September 18, 1985 . Page 4 appllcatlons, and he felt that they should be updated wlth the proper documentatlon. Mr. Jessner dlscussed wlth Mr. Baucke the posslblllty of addlng another condltlon regardlng In-lleu landscaplng. Mr. Baucke felt that thlS posslblllty should be consldered as lt seemed to be the most ratlonal approach to the maln Street landscape problem. Mr. Jessner lndlcated that he would llke to see thlS condltlon added to each appllcatlon brought before the Commlsslon where there lS a shortfall In landscaplng. Mr. Hunt, although not In dlsagreement wlth thlS proposal, felt that the Commlsslon should not, at thlS tlme, begln lncorporatlng the In-lleu landscaplng on all appllcatlons, but that the Clty Councll should flrst be made aware of what was belng proposed. The Commlsslon contlnued to dlSCUSS the lncluslon of In-lleu landscaplng prOV1Slons. Mr. Baucke noted to the Commlsslon that the Condltlonal Use Permlt appllcatlon applles to 216 Maln St., and the Varlance appllcatlon applles to 214 and 216 Maln St. Mr. Covlngton moves to approve Condltlonal Use Permlt 17-85 by adoptlon of the Resolutlon to be presented at the next meetlng WhlCh wlll lnclude the recommendatlons 1-4 made by staff and supported by the approprlate documentatlon satlsfactory to staff regardlng the authorlzatlon by the owner and conflrmatlon by the lessee In conJunctlon wlth the appllcatlon by the sublessee. . Mr. Rlpperdan asked staff why take-out restaurants on Maln Street requlre a Condltlonal Use Permlt. Mr. Baucke lndlcated that thlS prlmarlly protects Maln St. from franchlse take-out. Mr. Hunt asked the appllcant lf there would be any problem In contlnulng the formal approval of thlS appllcatlon to the October 2, 1985 Plannlng Commlsslon meetlng. Ms. Serge stated that thlS would be acceptable. Mr. Hunt seconds the motlon made by Mr. Covlngton. AYES: NOES: Covlngton, Hunt, Jessner, Rlpperdan None Motlon Carrled Mr. Covlngton moved to approve Varlance 13-85 wlth the followlng addltlons and modlflcatlons: 1) the Varlance shall apply to the comblned propertles under slngle ownershlP of 214 and 216 Maln Street; 2) staff's recommendatlons be lncluded In the Varlance wlth the followlng modlflcatlons: a) staff's Condltlon #3, the prOV1Slon of 1 space be modlfled to 3 spaces WhlCh would be the requlrement of the 2 propertles comblned. b) staff's condltlon #7, add the followlng sentence at the end of the paragraph: "That any landscaplng plan that provldes for less than 10% of the slte area be subJect to an In-lleu landscaplng program when and lf thlS concept lS subsequently ratlfled by the Clty Councll. Mr. Rlpperdan seconds. AYES: NOES: Covlngton, Hunt, Jessner, Rlpperdan None Motlon Carrled . CONDITIONAL USE PERMIT 18-85 - The Ark - 550 Paclflc Coast Hwy. Mr. Baucke presented the staff report for thlS ltem lndlcatlng that lt was a request to allow a commerclal pet groomlng serVlce wlthln a C-2 . Plannlng Commlsslon Meetlng of September 18, 1985 Page 5 (General Commerclal) Zone. Mr. Baucke then presented the facts related to the subJect property and gave staff's recommendatlon for approval of CUP 18-85 wlth the 4 condltlons noted In the staff report. Mr. Jessner declared the publlC hearlng open. Paula Coker, 16171 Nassau, Huntlngton Beach, appllcant, made herself avallable to the Commlsslon for questlons. Mr. Covlngton asked where the nearest food establlshment was to the subJect property. Mrs. Coker lnddlcated that thelr shop would be In between an Itallan Restaurant (on the rlght) and Foster's Donuts (on the left). Mrs. Coker also lndlcated that the owner of the Bay Clty Center, Jlm Watson, had contacted her regardlng the concerns that the Itallan Restaurant had wlth the openlng of her buslness In the Center. Mr. Rlpperdan spoke In reference to staff's Condltlon #3 and asked the appllcant how the nOlse sltuatlon would be remedled. Mrs. Coker stated that In the past 8 years In worklng In the Clty of Seal Beach, she has never had a problem or complalnt In reference to nOlse. The Commlsslon members dlscussed wlth Mrs. Coker the length of tlme the anlmals would be kept In her shop. Mrs. Coker stated that the anlmals were kept there for approxlmately 2 hours at one tlme and there would not be any anlmals kept overnlght. Mr. Covlngton spoke In reference to speclal alr ventllatlon or power systems establlshed to create a hlgher rate of clrculatlon of alr for thlS type of buslness. Mr. Jessner asked the appllcant lf she would oppose the addltlon of a condltlon WhlCh stated that anlmals could not be kept overnlght. Mrs. Coker lndlcated that thlS would be acceptable. . Jerry Coker, the appllcant's husband, spoke In reference to hlS wlfe's past experlence and attrlbutes to the Communlty over the past 8 years. He stated that there had not been any past complalnts related to the buslness. Mr. Rlpperdan asked what the proposed hours of operatlon were to be. Mr. Coker lndlcated that the shop would be open from 9:00 a.m. to 6:00 p.m. Monday - Saturday. Rosemary Casey, employee of the Itallan Restaurant, stated that the restaurant's concern was wlth the hours of operatlon. She felt there may be a potentlal parklng problem wlth the 4 spaces In front of the restaurant prlmarlly wlth the dlnner hour. She felt that hours of 9:00 a.m. to 5:00 p.m. may ellmlnate any potentlal problem. Jlm Watson, 101 Maln St., owner of the Bay Clty Center, spoke In reference to the alr condltlonlng system mentloned by Mr. Covlngton. Mr. Watson lndlcated that they do have a monthly malntenance serVlce on the alr condltlonlng system. Mr. Watson also read, for the beneflt of the Commlsslon, a portlon of the lease referenclng nOlse. He lndlcated that thlS paragraph of the lease was speclflcally drafted by hlS attorney for thlS type of buslness and was lncorporated lnto the lease at the tlme lt was executed. Mr. Watson stated that he would not permlt anlmals to be kept overnlght. Cheryl Serge spoke In reference to the Itallan Restaurant's concern over parklng lndlcatlng that there was 24 mlnute parklng provlded for her customers to drop off and plckup thelr anlmals. Mrs. Serge also mentloned to the Commlsslon that In reference to the concern of an alr flltratlon system, she dld have a halr vacuum attachment system. As no other members of the audlence spoke In favor of nor In Opposltlon to thlS ltem, Chalrman Jessner closed the publlc hearlng. . Plannlng Commlsslon Meetlng of September 18, 1985 . Page 6 Mr. Covlngton moved to approve Condltlonal Use Permlt 18-85 wlth the condltlons recommended by staff #1-4 and add the followlng: Condltlon #5) No anlmals shall be kept on the premlses overnlght and Condltlon #6) Condltlonal Use Permlt shall be revlewed by the Plannlng Commlsslon on ltS consent calendar after a perlod of one year. Mr. Hunt seconds. Mr. Rlpperdan dlscussed wlth staff the CltylS nOlse and sanltatlon requlrements. AYES: NOES: Covlngton, Hunt, Jessner, Rlpperdan None Motlon Carried CONDITIONAL USE PERMIT 12-84 - Norm Calvlnls - 550 Paclflc Coast Hwy. Staff report, presented by Mr. Baucke, lndlcated that thlS ltem was a request to extend the hours of serVlce of alcohol wlthln an eXlstlng restaurant. Mr. Baucke noted to the Commlsslon that the appllcant was speclflcally requestlng that Condltlon #7 of Resolutlon #1333 be amended to read "No sale of alcohollc beverages after 1:30 a.m.", and that Condltlon #6, belng satlsfled by the publlc hearlng of September 18, 1985, be removed from the Resolutlon. Mr. Baucke lndlcated that staff recelved approval of the appllcantls request based on the flndlngs of the flrst year. Chalrman Jessner declares the publlc hearlng open. As no one spoke In favor of nor In Opposltlon to thlS ltem, Chalrman Jessner closed the publlc hearlng. . Mr. Covlngton asked staff lf there were any other restaurants In the Center open untll 1:30 a.m. Mr. Baucke lndlcated that there were no llmltatlons made upon the Seafood Broller notlng that staff has trled to get the Seafood Broller to obtaln a Condltlonal Use Permlt for alcohollc beverages, but they have not done so. They updated thelr beer/wlne llcense to an alcohol llcense wlth the approval of the Alcohollc Beverage Control but wlthout a Condltlonal Use Permlt granted by the Plannlng Commlsslon. Mr. Baucke dld note that the matter had been turned over to the Clty Attorney and that he would request a status of thlS lssue and report back to the Commlsslon. Mr. Baucke stated that staff had no problems wlth Norm Calvln's Rlb Factory. Mr. Covlngton moved to approve the modlflcatlon to Condltlonal Use Permlt 1284 as requested. Mr. Rlpperdan seconds. AYES: NOES: Covlngton, Hunt, Jessner, Rlpperdan None Motlon Carrled SCHEDULED MATTERS There were no scheduled matter ltems for the Commlsslonls conslderatlon. . COMMISSION REQUESTS Mr. Covlngton requested a status from the staff on the reV1Slon of the General Plan. Mr. Baucke lndlcated that staff was preparlng to dlSCUSS thlS lssue at the October 16, 1985 Plannlng Commlsslon meetlng due to there belng only a few ltems on that agenda thus far. Plannlng CommlSSlon Meetlng of September 18, 1985 page 7 . Mr. Rlpperdan requested that staff prepare some wordlng of the slxth paragraph of the Condltlonal Use Permlt and Varlance appllcatlons In reference to the slgnature of the owner or legally authorlzed agent so to clarlfy all concerns brought up at tonlght's meetlng. Mr. Baucke lndlcated that he would speak to the Clty Attorney on thlS matter and report back to the Commlsslon. ORAL COMMUNICATIONS There were no Oral Communlcatlons. COMMISSION COMMUNICATIONS There were no Commlsslon Communlcatlons. ADJOURNMENT It was the concensus of the Commlsslon and so dlrected by Chalr to adJourn the regularly scheduled meetlng of the Plannlng Commlsslon at 9:45 p.m. ~~ Recordlng Secretary . .