HomeMy WebLinkAboutPC Min 1986-10-01
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SE~I BEACH PLANNING COMMISSION AGEN~")
~ ~ Clty Council Chambers ~
....-. 211 Eighth Street - -
Seal Beach. California
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flhe Seal Beach Planning Col1lllli.ssion meets in session every first and third Wednesday of each
month at 7:30 p.m. If you wish to address the Commission on any particular public hearing
item, the Chairman will call for pUblic testimony first for those in favor of the project,
and second, for those who are not i.n favor. When you see that the speaker's posi.tion in the
center of the room is unoccupied, step up to the microphone and when recognized by the
Chairman, speak directly into the microphone by first stating your name and address clearly
and distinctly for the records. State your business as clearly and succinctly as possible
and then wait a moment to see if the Commissioners 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 may address the Commission.
If you wish to address the Commission on matters other than pUblic hearings, the agenda
provides for that time when tht: Chairman asks for comments from the public. Address the
Commission in the same manner as stated for public hearings, always stating your name and
address fi.rst.
PLANNING COMMISSION AGENDA
October 1, 1986
1. Hotel/Motel workshop, 6:00 p.m.
REGULAR MEETING, 7:30 P.M.
2. Pledge of Allegiance
3. Roll Call
4. Report from Secretary
5.
Consent Calendar
A. Resolution #1437
Reflects Planning Commission approval of Variance
13-86, Plan Review 18-86 on September 3, 1986.
AYES: Covington, Jessner, Sharp, Suggs
NOES: None
ABSENT: Perrin
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B. Minutes of August 6, 1986
C. Minutes of August 13, 1986
6. Public Hearings
7. Scheduled Matters
8. Commission Requests
9. Oral Communications from the Audience
10. Commlsslon Communlcations
11. Adjournment
Agenda Forecast:
October 15, 1986
Z.T.A. 3-86
Alcohol Sales
CUP 14-86
91111 Ocean
(Haley)
CUP 15-86, VARIANCE 14-86
151111 Marine
(Sullivan)
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VARIANCE 15-86
41115 Opal Cove Way
(Yates)
November 5, 1986
CUP 16-86
B-53 Surfside
(Moe)
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Seal Beach Planning Commission Regular Adjourned
Workshop of October 1, 1986
The Seal Beach Planning Commission met in a workshop session on
Wednesday, October 1, 1986 at 6:20 p.m.
Present: Commissioner Covington (acting as Chairman)
Commissioners Sharp, Suggs
Absent: Chairman Jessner
Commissioner Perrin
Also
Present:
Edward Knight, Director of Development Services
Quinn Barrow, City Attorney
Pam Walker, Administrative Aide
Ginger Bennington, Secretary to City Manager
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HOTEL/MOTEL WORKSHOP
Mr. Ed Knight, the Director of Development Services, presented
background on the workshop. He pointed out that at previous
hearings for this matter, three issues arose. Staff was
requested to research: 1) if there were a number of rooms to be
set aside for a hotel/motel definition and if kitchens were
allowed, 2) if the change would be in and of itself an
intensification of use in the community and 3) the pros and cons
regarding the application of the new definition to the facilities
located in the RHD zone. Staff surveyed 20 coastal cities
regarding this concerns; 17 answered. The overwhelming
consideration whether they used a separate hotel and motel
definition or whether they combined the two, showed that a
minimum number of rooms (approximately 6) were used. In most
cases, kitchens were allowed. Regarding intensification of use,
the definition itself would not cause the intensification of any
use in the community. It would allow any proposed or current
hotel or motel within the community to apply for a CUP to modify
or somehow intensify their use to what currently exists. For any
proposed hotel in either commercial or RHD, they would be
starting from scratch with a CUP as opposed to the current
practices where they are allowed as a permitted use in the
commercial zone and in the RHD they would be allowed with a CUP
for hotels. The DWP and State Lands site have their own
definition of what a hotel or motel is; i.e., visitor-serving
facility that has accessory uses, restaurant, banquets or meeting
rooms. One key point coming out of review of the survey,
reported Knight, is that the same zoning and development criteria
for hotels and motels is applied to everyone of the cities
surveyed regardless of whether their definitions differed. Seal
Beach is unique in that it only allows hotels in the RHD zone and
not motels and only allows motels in a commercial zone and does
not allow hotels. Staff investigated bed n' breakfast inns.
Knight indicated those cities having the inns seemed to have a
straighforward zoning requirement which varied significantly from
a hotel or a motel. Inns are allowed in almost all residential
zones, an owner/manager must be in residence, one meal (usually a
breakfast) is provided, there is a maximum length of stay, there
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is usually a maximum amount of guest rooms, (between 4-8) and on-
site parking must be compatible with residential area. Staff
concluded that the bed n'breakfast concept is entirely different
from a hotel or a motel and should not be included in the hotel
or motel definition. It should, if considered by the City, have
its own ordinance and set of standards. Staff's recommendation
was to conduct the workshop and receive direction from Planning
Commission to readvertise the public hearing for ZTA 2-86.
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Acting as Chairman, Mr. Covington invited the audience to make a
comments on the proposed definition. Mr. Knight read the
definition to the audience; i.e., hotel means building or group
of buildings offering transient lodging or accommodations to the
general public and incidental services that are customarily
provided by a hotel such as food service, recreational
facilities, retail services provided for the convenience of hotel
guests, and banquet, receptions and meeting rooms. The
incidental services provided by a hotel shall be limited to the
services permitted by the applicable conditional use permit, when
a conditional use permit is required for a hotel by this chapter.
Knight further stated staff is recommending that use permits be
required in the two zones where hotels and motels are permitted,
which is the RHD and C2 zones. He indicated there are 3 hotels
that operate in the City: the Radisson Inn, the Seal Beach Inn
and the Bay Motel. The Bay and the Radisson are in C2 zone, the
Seal Beach Inn is in RHD. The Happy Holiday is located in the C2
and would require a CUP and on a limited basis. The Oakwood
Garden Apartments offers rooms to let on a daily or weekly or
monthly basis, therefore, if they wanted to continue to expand or
change that operation, they would be required to have a CUP as
well. In response to questions by Mitzi Morton, Covington
explained that everything would stay just as it is now until the
present facilities that qualified under the definition sought to
make any improvements or changes in status. These facilities
would have to apply for a CUP, which would allow Planning
Commission, staff and Council to make a case-by-case evaluation
of what that enterprise is now doing or proposes to do
differently in the future. Marjorie Bettenhausen stated the term
motel came into existence in the late 40's and early 50's. The
motels and the hotels realized that they were performing the same
functions, i.e., a visitor service to transient occupants. A
great deal of study has been done by the industry itself to try
to define the difference between resort, hotel and motel and
courts, inns and found it was impossible. That basically it is a
marketing position that a property takes. A motel, stated
Marjorie, seems to be a little more commercial, more sterile,
less personable and their is a closer proximity of the automobile
to the room itself, however, the industry itself says they are
all visitor serving facilities for transient occupants.
Robert Cook pointed out that Councilmember Risner stated at the
Council meeting of September 22, 1986, when speaking of the State
Lands parcel, "And we do want a hotel, not a motel on that site
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and we do recognize it is a major entry into our city and we want
quality so I agree with you." Cook felt Mrs. Risner
distinguished between a hotel and a motel, as did most persons.
Cook further explained that this issue came about as a
consequence of an application by the Seal Beach Inn to add
accessory uses that were not permitted. He indicated the Inn had
been engaging in accessory servies which were not permitted, and
were consequently given a cease and desist order from the City.
When the Inn applied for a conditional use permit to have those
uses, the City Attorney indicated it could not be done since they
were a nonconforming use in a residential area. Cook felt that
the only purpose in the workshop tonight was to provide a vehicle
for which the Seal Beach Inn can add accessory uses. Cook felt
the City should determine its policy before changing a
definition; i.e., whether to comply with the General Plan or to
allow further incursion into residential areas. Cook indicated
that the definitions in the zoning code as they now exist,
protects the residents against further incursion of
intensification of use by transient facilities. Mrs. Cook
explained the residents will have to constantly be on guard to
check every notice, every new request for special events for
which the Seal Beach Inn makes application. For clarification
purposes, Ed Knight explained virtually south of Pacific Coast
Highway and from Main Street west to First Street is all zoned
RHD. An individual who is able to consolidate lots and create
enough of a lot to provide parking and all the other zoning code
requirements, would have the right to build high density
according to the code. However, Knight pointed out the way the
zoning code is set up now, not too many lots in the Old Town area
qualify for that. Knight further indicated the only Rl property
is the Gold Coast area which is south of Ocean. Covington felt
that he, as most people, were not aware that downzoning while
increasing the minimum standards for Rl, at the same time
established the potential of RHD for all the property if it were
consolidated. Mrs. Bettenhausen stated that the Seal Beach Inn
was built in the 20's way prior to the definition of the word
motel. Then it was on the outer edges of town and considered
commercial property. The residences built up around the property
and in the 1950's at the time that the word motel came into
being, the zoning was changed. The Bettenhausens felt they had
spent 10 years working hard to make the Inn an asset to the City.
She felt it important to state that the intent is not to expand
and to spread allover town, not to commercialize and not to
intensify use. After some discussion, the City Attorney
indicated there is no longer a distinction that would help
justify or rationalize calling one facility a hotel and another
facility a motel in the State code.
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Maureen Ramer, 223 5th Street complimented staff on quality of
report. She cited several concerns: that only 4 cities surveyed
permitted hotels and motels in high density residential zones -
only 4 out of 17 that responded. Of 11 cities responding, 3
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cities permit hotels amd motels in residential zones - again a
minority. She also noted that half of cities responded used same
definition for hotel and motel, the other half distinguish
between it. Her recommendation was to maintain a status quo that
hotels and motels not be permitted in residential areas that they
be permitted in C2. If this position were taken then it would
not be necessary to continue to have the policing of conditional
use permit applications. Her position is that hotels motels not
be permitted in residential areas, but that existing businesses
would continue to exist, but that would take away the CUP which
would set the stage for intensification of use. She felt that
the fact that a cease and desist order was issued in March is
evidence that there was intensification of use and it was
inappropriate for the current zoning. Ms. Ramer felt this is not
just an issue with the current owners but a concern of who would
ever run the facility after the fact and what those individuals
would do who do not have the same level of integrity and interest
in the City as the Bettenhausens.
The City Attorney indicated that a CUP allowed transfer from one
owner to another as long as use did not intensify nor any
substantial changes occurred. It was further explained that the
CUP can be tied to the operator, not to the property to allow for
greater control by the City.
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Mitzi Morton felt the definition of a hotel should include a
minimum of 50 guestrooms. She also preferred that hotels not be
allowed in residential areas without a specific plan. Mrs. Cook
felt that hotels serving food and alcohol, located in a
residential area, are inappropriate for a residential area. Mr.
Don Nuss felt that all that all facilities and activities
occurring on a transient serving property should be restricted to
what is required for the guests so registered. Trudy Thompson
felt that since Seal Beach is a small community and only 4 hotels
exist at the moment, the Commission should consider these
individually as opposed to making a general set of rules.
Barbara Rountree stated that at a Residential Homeowners meeting
on September 25th, following a discussion of commercial business,
a vote was taken unanimously that any commercial business must
respect the life style of the surrounding neighbors. She
explained that all of the Association members compliment the Seal
Beach Inn for its attractive gardens and buildings, but that no
acceleration of use should occur there, and that any application
for increased use should be carefully considered by the Planning
Commission because of the sensitive location of the buildings to
the surrounding residents with limits placed on such activities.
The recommendation was that no hotels and motels should be built
in a residential area. According to Barbara Rountree, 16 people
voted unanimously. Bruce Stark felt that the definition as
proposed would allow the transient facilities to provide all
services noted in the definition, that it would open the door for
increased services. Mr. Stark also indicated that the enabling
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ordinance should be brief and concise recognizing the conditional
use permit process as the method for determining approval or
denial of special circumstances. Mr. George Kimball, attorney
for the Seal Beach Inn and resident of 6th Street felt the
proposed definition would not imply the right of facilities to
provide each service noted in the definition. He expressed the
hope that the definition as proposed would be approved as it
would provide the Planning Commission and the public to review
each hotel/motel's position on its own merits. He also stated
that the reason the Seal Beach Inn opted to provide small
functions was not primarily to generate revenue, but to promote
the operation of the facility. Josie Greely, design consultant
for the Inn, explained the type of operations to be found at the
Inn. A member of the audience provided the Commission with a
calendar of events advertised for the Inn. Mr. Cook read details
of a newspaper clipping and magazine ad regarding the Seal Beach
Inn which states that 4 weddings per month could be accommodated
and that a 2-star chef was in residence for catered events.
Before ending the work session, Commissioner Covington took a
vote on the following issues:
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1) How many believe the zoning as it presently exists for
requirement of hotel/motel should remain as it is?
Eight (8) responded in the affirmative.
2) How many are in favor of the proposal that transient
lodging be permitted in C2 and/or RHD?
Fourteen (14) responded in the affirmative.
3) How many feel transient lodging should not be permitted
in RHD or areas contiguous to same but that it be only
permitted in C2? None responded favorably.
Commissioner Covington ended the study session at 7:58 p.m with
the consent of the Commission. It was noted that a public
hearing on this matter will be held.
Seal Beach Planning Commission Meeting
of October 1, 1986
The Seal Beach Planning Commission met in regular session on
Wednesday, October 1, 1986 at 8:00 P.M. Commissioner Suggs lead
the Salute to the Flag.
Roll Call
Present:
Chairman Jessner
Commissioner Covington, Sharp, Suggs
Commissioner Perrin
Absent:
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Also Present: Edward Knight, Director of Development Services
Quinn Barrow, City Attorney
Pam Walker, Administrative Aide
Ginger Bennington, Secretary to City Manager
Chairman Jess~er apologized for missing the study session,
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indicating he would review the tape of the proceedings.
Report from Secretary
None at this time.
Consent Calendar
Commissioner Covington moves to approve consent calendar; Suggs
seconds.
AYES:
NOES:
ABSENT:
Covington, Jessner, Sharp, Suggs
None
Perrin
Motion Carried
Public Hearings
None
Scheduled Matters
None
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Commission Requests
Chairman Jessner asked if Commission and staff felt there were
enough suggestions to formulate and recommend alternatives.
Commissioner Covington suggested staff or Commission provide
wording for ordinances representative of tonight's session or to
provide alternative ordinances to be decided upon at a public
hearing. After some discussion, the following determinations
were made.
Covington requests staff advertise public hearing on definition
of hotel/motel for November 5th meeting; Sharp seconds.
AYES:
NOES:
ABSENT:
Covington, Jessner, Sharp, Suggs
None
Perrin Motion Carried
Covington requests staff and City attorney to impose the input
from tonight's study session and the Planning Commission comments
into the appropriate number of alternative ordinances for
presentation at the Planning Commission meeting of October 15,
1986 so Commission can then authorize which of those it wants to
be included. Suggs seconds.
AYES: Covington, Jessner, Sharp, Suggs
NOES: None
ABSENT: Perrin Motion Carried
The City Attorney requested the notices should state the Planning
Commission is working on considering the appropriate zones in
which hotels and motels should be established.
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Mr. Knight indicated he would be preparing a status report on the
Commission's list of future activities.
Chairman Jessner mentioned the 4th Street Stub End memorandum
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received from Dudley Hemphill. Mr. Covington concluded from the
memorandum that the constructed fence is another form of what
currently exists on the property, that it permits total access of
emergency vehicles and the maintenance and care of the fence
would be at the property owner's expense. Mr. Covington felt the
best interests of the City were served in having this matter
brought before the Commission by Mr. Bruce Stark.
It was the consensus of the Commission and so ordered by the
Chair to adjourn the Planning Commission meeting of October 1,
1986 at 8:50 p.m.
THESE MINUTES ARE TENTATIVE, SUBJECT TO APPROVAL BY THE PLANNING
COMMISSION.
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