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HomeMy WebLinkAboutPC Min 1986-09-03 ( . : ....- . SEAL BEACH PLANNING COMMISSION AGENDA Clty Councll Chambers 211 Efghth Street Seal Beach. Calffornfa 2'he Seal Beach Planning C01l1llli.ssion meets in session every first and third Jiednesday of each IIIOnth at 7:30 p~m. If !Iou wish to address the C01l1llli.ssion on any particular public hearing item, the Chairman will call for public testilllOny first for those in favor of the project, and second, for those who are not in favor. Jihen !IOU see that the speaker's position in the center of the room is unoccupied, step up to the microphone and when recognized b!l the Chairman, speak directl!l into the microphone by first stating !lour name and address clearl!l and distinctly for the records. State your business as clearly and succinctl!l as possible and then wait a moment to see if the C01l1llli.ssioners have any questions in regard to your comments or questions. If there are no other questions or comments, return to your seat so that the next person lllay address the Co1l1llli.ssion. If you wish to address the C01l1llli.ssion on matters other than public hearings, the agenda provides for that time when the Chairman asks for comments from the public. Address the Co1l1lIIi.ssion in the same manner as stated for public hearings, always stating your name and address first. SEAL BEACH PLA~XIXG COMMISSIOX AGEXDA September 3. 1986 XEXT RESOLrTIOX :1436 1. ~l~Qg~_Qt_All~gi~n~~ 2 , RQ1Lt~1l 3. R~aQ~!_t~Qm_~~~~~!~~~ ... l;.QJl~~JlLt!!.l!!nQH A. Plan Review 19-86 (pughl 124 12th Street B. ~!~utes of A~gust 20. 1986. C. Minutes of ~ay 21. 1986. D. Minutes of Ma, 14. 1986. E. Minutes of June 4. 1986. . 5. ~lihli~_g~~rillg! Resolution :1435 A. Conditional rse Permit 13-86 138 1.2 - 140 Main Street A request to permit live entertainment in conjunction with an eXisting restaurant located within 100 feet of a residentially zoned property. Environmental Review: exempt from CEQA review Section 15308]. This project is categorically [California Government Code Code Sections: 28-1300/61(il: 28-2503: 28-2504 Applicant: Paul Hennesse, Owner: Tom Schuveiller 6. ~~h~gYl~g_M~!!~~! A. Resolution ~umber 1416 Reflects action of Planning Commission on April 9. 1986. AYES: Covington.Hunt.Jessner.Ripperdan !\OES: ABSEXT: Perrin '. . . . ( J B. Resolution Xumber 1417 Reflects action of Planning Commission on April 9. 1986 AYES: Co~ington,Hunt.Jessner,Ripperdan XOES: Xone ABSEXT: Perrin C. Resolution Xumber 1423 Reflects action of Planning Commission on JulY.16. 1986. AYES: Covington.Sharp,Suggs XOES: Xone ABSEX!': Perrin ABSTAIX: Jessner ~ , . ~~mmi~~i~ll_R~g~~~l~ 8. Q~~l_f~mmlllll~~liQll~_t~~m_lh~_~ll~i~ll~~ 9. f~mmi~~lQll_~Qmm~lll~~llQll~ ] 0 . MiQ!u:amflll ~~21~m2~~_1!~_1~~~ TPM 86-280 Seal Beach Blvd and Lampson (Bixbr Compan~' J P.R. 18-86. Variance 13-86 411 Ocean IVlljoenl QHQ2~LL_IH~ Z.T.A. 3-86 ..U cohol Sales . SEAL BEACH PLANNING COMMISSION MEETING OF SEPTEMBER 3, 1986 The Seal Beach Planning Commission met in regular session on Wednesday, September 3, 1986 at 7:43 p.m. Commissioner Covington led the Salute to the Flag. PRESENT: Chairman Jessner Commissioner Covington, Sharp, Suggs ABSENT: Commissioner Perrin ALSO PRESENT: Edward Knight, Director of Development Services Pam Walker, Administrative Aide William Rudell, City Attorney Ginger Bennington, Secretary to City Manager REPORT FROM SECRETARY There was no report at this time. CONSENT CALENDAR Chairman Jessner suggested the Commission vote on each item on the consent calendar separately as not all Commissioners were present at each meeting. Sharp so moved; Covington seconds. . AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried A. Plan Review 19-86 (Pugh) 124 12th Street Covington moves for approval; Suggs seconds. AYES:: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried B. Planning Commission Minutes of August 20, 1986 Commissioner Sharp moves for approval as presented; Sharp seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried C. Planning Commission Minutes of May 21, 1986 Chairman Jessner moves for approval as presented; Covington seconds. . AYES: NOES: ABSTAIN: ABSENT: Covington, Jessner None Sharp, Suggs Perrin Motion Carried . 2 D. Planning Commission Minutes of May 14, 1986 Commissioner Covington moves for approval as presented; Jessner seconds. AYES: __ --NQES : ABSTAIN: ABSENT: Covington, Jessner None Sharp, Suggs Perrin Motion Carried E. Planning Commission Minutes of June 4, 1986 Commissioner Suggs moves for approval as presented; Covington seconds. AYES: NOES: ABSTAIN: ABSENT: Covington, Jessner, Suggs None Sharp Perrin Motion Carried . PUBLIC HEARING - CONDITIONAL USE PERMIT 13-86 - HENNESSEY'S TAVERN - 138 1/2-140 MAIN STREET While presenting his staff report, Mr. Knight indicated this was a request to permit live entertainment in conjunction with an existing restaurant, Hennessey's Tavern, located on Main Street. A conditional use permit (18-84) allows on-sale beer, wine and distilled spirits. Knight stated the definition of live entertainment in the City code is in broad terms. The Chief of Police has stated that the current restaurant has not posed a police problem in the past. The Police Chief did feel that quieter music would be preferable to amplified music. Staff reviewed the recent history of live entertainment in the downtown areas and Hennessey's request. It was reported this is the second CUP asking for entertainment under the new provisions adopted in March 24, 1986. The following background on entertainment permits was provided: Prior to this, Walt's Wharf had applied for and received an entertainment license from the City Manager's office. Shortly thereafter, the City received complaints of noise, parking. Walt's Wharf was requested to correct these problems, but was unable to. Accordingly, the City Manager accepted Walt's Wharf voluntarily invalidation of their entertainment permit. In the case of the entertainment cafe CUP 9-86 regarding Senor Corky's, the applicant was requesting light acoustical music and 1atin jazz, having had this type of entertainment since 1981. It was pointed out that complaints from residences regarding noise were received. The live entertainment took place outside patio, which was subsequently covered. After due consideration, the Planning Commission denied the request by a vote of 4-0. Knight commented that since Hennessey's was not specific as to the type of live entertainment they would be providing and the potential for incompatibility is a reality considering the adjacent residential properties, it was recommended that the CUP be denied. As a final note, staff put together a list of situations that could mitigate impact on . . 3 surrounding areas. Staff felt that these conditions if utilized, could be compatible with surrounding uses. Staff in further reviewing the conditions, revised condition #2 to be allowed on a regular basis, and therefore condition #4 would not be needed. Chairman Jessner declared the public hearing open. MR. PAUL HENNESSEY, owner and applicant, spoke regarding his request. His specific proposal was for background music only between the hours of 9 p.m. and 1 a.m. There was to be no band, no bandstand, no dancing. Mr. Hennessey expressed the willingness to limit the numbers of musical instruments to one or two at the most such as a piano or guitar. In response to Commission's questions, the following was offered: 1. Entertainment is requested 7 nights per week. It is conceivable that business may not warrant paying for entertainment on 7 nights a week. 2. Taped music is currently playing in background. 3. Doors and windows remain closed so as not to exceed noise level condition placed on existing alcohol CUP. 4. Air conditioner formerly in disrepair is now in operation. 5. Maximum occupancy is 150 persons. . Mr. Covington indicated that doors and windows were open each occasion when he passed by. Air conditioning is frequently in disrepair due to corrosion from ocean air, reported Mr. Hennessey. Hennessey indicated a willingness to install a decibel meter in the restaurant in order to have ability to monitor sound at all times. . Chairman Jessner stated that during the hearings for the CUP regarding alcohol license, that Hennessey reported there would be no entertainment. Hennessey indicated that the market has changed which warrants competing with other restaurants offering entertainment; he is looking to building up any downtime the restaurant has. Jessner noted that a bikini contest had been held there recently, along with other special events. Hennessey indicated that the City had granted one day permits for special promotions and to his knowledge no complaints had been received by the Police Department. Hennessey indicated that no special events would be requested should this entertainment permit be granted. The City Manager had requested that since Hennessey's was often applied for special promotions, that they seek a live entertainment permit from the Planning Commission. Jessner also indicated that condition #11 of the existing CUP states that the rear door shall not be open after 10 p.m. or before 7 a.m. for trash removal or delivery purposes. Hennessey reported, to the best of his knowledge, this is being done. Jessner indicated that a letter from 10 residents living behind the restaurant complained of the continuous noise from the restaurant, and that after closing hours, employees throw empty bottles and trash into . 4 . containers located behind the restaurant. Mr. Hennessey indicated he had received no' complaints. Mr. Jessner felt the restaurant manager should be responsible for seeing that the conditions of a permit are being met. It was determined that a copy of the complaints noted in the petition had not been sent to Hennessey's, although Mr. Hennessey was made aware of the complaints by the Director of Development Services a few days ago. Another subject of concern brought out by Mr. Jessner was the numerous banners displayed by the restaurant. Mr. Knight indicated the sign code does not permit temporary banners of any sort. Mr. Hennessey expressed the understanding that banners were allowed for up to 3 days, which is what Hennessey's Tavern has been complied with. Covington suggested the restaurant manager meet with staff to clarify some of these issues. Commission Suggs requested clarification regarding delivery trucks in the alley. Mr. Hennessey reported that delivery trucks are only allowed during restricted hours. In response to Chairman Jessner's questions regarding ABC license conditions, Pam Walker pointed out it was brought to staff's attention that the Planning Commission requested the conditions of the alcohol license. A copy was therefore requested and included in the Commission's information packet. Hennessey's stated the restaurant is running over 50% 'for food business, which is the criteria to be met for a restaurant versus a bar. Hennessey noted that ABC does not require proof that a restaurant is providing more than 50% for food service. Mr. Hennessey indicated the restaurant serves breakfast, lunch and dinner with his grocery purchase receipts reflecting the fact that more food that alcohol is served. No other persons spoke in favor of the matter. . JULIANA McCANTS, 421 Jade Cove Way, was opposed to a drinking establishment open until 1 a.m., especially providing entertainment until 1 in the morning. MARY BOLTON, SPEAKING FOR FRANK CURTIS, 1700 Bayou Way, opposed the live entertainment permit for Hennessey's. Mr. Curtis owned property at 139 10th, 2 units at 149 10th and 143 10th and 960 Central. Most of his property is affected by Hennessey's. 'Mr. Curtis' letter signed by his tenants outlined his and their complaints. (A copy of that letter is provided in the CUP 13-86 file.) Mr. Curtis explained that the main complaint from his tenants was from the bottles and cans being tossed into the trash bins in the late evening/early morning hours and truck traffic in the alleys. Mr. Curtis did not know if the live entertainment. would be disturbing to his tenants. NORMA STROHMEIER, 209 Seal Beach Boulevard, felt that Hennessey's was a tavern rather than a restaurant. She felt Hennessey's had violated conditions of their permit. CHARLES ANTOS, 148 14th Street, opposed the granting of the entertainment permit. Mr. Antos stated when Hennessey's first applied for a variance and CUP to operate, they were heard at the Planning Commission. Mr. Antos provided the following background: The original variance and CUP was approved and . 5 . appealed to the City Council on the basis that were some variances that had never been advertised or discussed by the Commission and no decisions had been rendered on these variances. It was the first time in Seal Beach that more than two persons had appealed a Planning Commission decision. The City Attorney ruled that the only item up for discussion was the parking variance. One of the items brought up tonight was the delivery trucks blocking the alley - that would have been one of the variances to be adjudicate (no loading zone). The whole question of providing an inadequate loading zone was never addressed. With regard to banners and signs, the sign code indicates that banners should be prohibited in the City. Complaints have been filed as Mr. Antos filed a complaint regarding the snow bunny contest to the Police Department. Mr. Antos stated he called the Police Deparment and the Mayor and suggested he view the noise situation last Wednesday evening. Mr. AntQs meausred the noise level across the street from Hennessey's finding it to be below 60 DBA. The same measurement taken in front of Hennessey's on the sidewalk, according to Mr. Antos was 75 dBA. The noise meter has been calibrated by a known acoustical consultant and it is correct according to Mr. Antos. Another concern expressed was the lack of parking for that site. Live entertainment will generate more people with no additional parking spaces. Mr. Antos felt the granting of a live entertainment permit was not compatible with surrounding uses of residential properties. In response to Mr. Sharp, Mr. Antos explained he was a City employee for 11 years and still remains interested in what happens in Seal Beach. BRUCE STARK, 204 Ocean Avenue, opposed the granting of the live entertainment permit. Mr. Stark felt Hennessey's held too many special promotions not all of which were permitted by the City. Mr. Stark also felt that crime has increased in general within the City and that the increase in crime could have some bearing upon the increase in the number of bars in the area. Mr. Stark also felt the illumination of parking spaces in the alley was not provided. ELLEN GRIFFITH, 127 and 129 10th Street, stated there is a noise problem behind Hennessey's. Ms. Griffith has spoken to the manager and was told the complaint would be logged. The parking in the back is a problem because the two spaces provided are tandem and overflow into the alley which makes it difficult to pass through the alley. The trash is piled into the alley with open containers producing odors. Ms. Griffith felt the entertainment would increase the customers, increase the traffic, increase the parking problems and increase the noise and increase the trash. REVA OLSON, 1625 Seal Way, opposed the granting of the live entertainment permit due to resultant increased parking problems and noise problems. Ms. Olson felt decreased values in real estate might occur. MITZI MORTON, 153 13th, stated minors are allowed into Hennessey's without parents since it is considered a restaurant. According to Ord. 1149 regarding entertainment cafes no minor under the age of 21 years shall be permitted unless accompanied by a parent or a guardian. Ms. Morton questioned the ability to enforce this . . 6 . ordinance. The licensee should be held responsible for the conduct of band members and patrons and for the correct age of persons engaged in the activities of the entertainment cafe. The parking lot was supposed to be sufficiently lighted and all required parking lots to be supervised. Ms. Morton questioned City's liability regarding lighting needs. ABC has put restrictions of Hennessey's license regarding entertainment which states that it shall be audible beyond the area under control of the licensee. Ms. Morton wondered who would enforce this condition. At a prior hearing, Mr. Hennessey stated he left his doors and windows open for ventilation since he had no air conditioning. ROBERT CAMPREGER, 121 Main Street, owner of Irisher, opposed the granting of live entertainment permit. He felt the entertainment brought in outsiders who did not care for the City and acted accordingly. NORMA STROHMEIER, 209 Seal Beach Boulevard, wished to mention that the family owned business that had been here 30 to 40 years should be given consideration before providing competitors such as Hennessey's with special permits; i.e., live entertainment permit, which might take business away. PAUL HENNESSEY, speaking in rebuttal, stated that his business is a family owned business, owned by Mr. Hennessey and his wife and children. Mr. Hennessey stated that most of the complaints he heard were regarding noise and parking. He indicated he restriped the City parking lot for $4,000 and provided parking spaces. When the dinner business is down, traffic flow is down which is when the restaurant will be trying to bring people in. No knew parking problems will occur. The market makes their parking lot available for nighttime parking. As far as the noise and the alleyway, this will be addressed. Mr. Hennessey felt this has nothing to do with the entertainment, however. The banners will be eliminated. JOHN SANDERS, General Manager of Hennessey's, 1708 Bluewater Lane, Huntington Beach, indicated that garbage is no longer being placed in the trash cans past 10 p.m. The windows are open but they do have screens, however, the rear door remains closed. A member of the audience stated she lived behind Hennesseys and the back door is always open. She further stated that customers traverse the alley and are loud and noisy. Chairman Jessner declared the public hearing closed as no others wished to speak regarding the live entertainment permit for Hennessey's Tavern. . Commissioner Covington read the concluding statement of the staff report which said given this history of discord between entertainment cafes and residential properties in the Main Street area, staff finds reason to believe that the applicant's request is not compatible with neighboring uses. Staff does recommend CUP 13-86 be denied due to a lack of compatibility with surrounding uses. Mr. Knight stated the idea behind a CUP is to evaluate on a case-by-case basis and hopefully identify conditions that would make that use compatible with surrounding uses. Since Hennessey's had not been specific in their live entertainment request, staff felt the CUP should be denied. 7 . Staff did state that given a certain list of conditions and based upon the performance of those conditions over a period of time, that use may be compatible, however, left to the discretion of the Planning Commission. Mr. Covington stated that when an applicant comes before the Commission and asks to have an additional privilege, he reviews their application to see if they are essentially following conditions currently imposed upon them for the operation of their facility. Mr. Covington felt that Hennessey's Tavern had not been following the conditions of their existing conditional use permit perceived from the testimony received at this hearing. Hennessey's had originally stated they would not request live entertainment, their seems to be excessive noise primarily due to trash and people coming and going (all after 10 p.m.), the doors and windows are frequently left open, that noise generated exceeds the 55 dBA, banners continue to be displayed in violation of City code, and a number of other operations that continue to be exceptions rather than the rule. Mr. Covington felt the operation of a business is a privilege, the right to enjoy the quiet sanctity and use of your home is a right. Anything that takes from that right is a privilege that cannot be granted for a commercial establishment. If circumstances are changed by the operator and those things that exist now are brought into control and if a method of operation for some future permit to allow that permit will not be derived from taking that right from the neighbors, Mr. Covington suggested that Hennessy's reapply to the City. For those reasons stated, Commissioner Covington moved that CUP 13-86 be denied. Chairman Jessner concurred with Mr. Covington's statement. In this particular case, he pointed out, there were many violations of the existing conditional use permit. Commissioner Suggs felt there was sufficient information under these conditions as noted by staff to take care of the situation in the event that it does develop into a problem. Mr. Suggs felt the entertainment issue only should be addressed and that Hennessey's should not be punished for something which has happened in the past. Commissioner Sharp concurred with both Mr. Covington and Mr. Jessner, stated that the requirements originally imposed on Hennessey's should be complied with before the applicant is given an additional privilege. Chairman Jessner seconds the motion. . AYES: NOES: ABSENT: Covington, Jessner, Sharp Suggs Perrin Motion Carried Chairman Jessner pointed out to the applicant that 10 days are provided for appeal to the City Council. . . 8 SCHEDULED MATTERS A. RESOLUTION #1416 - REFLECTING PLANNING COMMISSION ACTION TAKEN ON APRIL 9, 1986 Commissioner Covington moves to approve Resolution #1416, Suggs seconds. AYES: NOES: ABSTAIN: ABSENT: Covington, Jessner, Suggs None Sharp Perrin Motion Carried B. RESOLUTION #1417 - DENYING TENTATIVE PARCEL MAP 85- 1002, REFLECTING ACTION OF PLANNING COMMISSION ON APRIL 9, 1986 Commissioner Suggs moves to adopt Resolution #1417; Covington seconds. AYES: NOES: ABSTAIN: ABSENT: . Covington, Jessner, Suggs None Sharp Perrin Motion Carried C. RESOLUTION #1423 - DENYING CONDITIONAL USE PERMIT 12-86 (WACKERMAN) - REFLECTING ACTION OF PLANNING COMMISSION ON JULY 16, 1986 Commissioner Covington moves to adopt Resolution #1423; Suggs seconds. AYES: NOES: ABSTAIN: ABSENT: Covington, Sharp, Suggs None Jessner Perrin Motion Carried COMMISSION REQUESTS Commissioner Covington requests status report on Hellman property. ORAL COMMUNICATIONS Bruce Stark, 204 Ocean, noted there was a previous discussion by Mr. Watson regarding purchasing the 4th Street stub end. Mr. Stark wondered if that had been accomplished since some excavation had been occurring on that site. Mr. Knight will contact the Public Works Department and look into the matter. COMMISSION COMMUNICATIONS Commissioner Covington thanked staff for its presentation. . . 9 ADJOURNMENT It was the consensus of the Commission and so ordered by the Chair to adjourn the Planning Commission meeting of September 3, 1986 at 10:05 p.m. THESE MINUTES ARE TENTATIVE, SUBJECT TO APPROVAL BY SEAL BEACH PLANNING COMMISSION. . .