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HomeMy WebLinkAboutPC Min 1986-10-15 r~AL BEACH PLANNING COMMISSION Ar~~ C ; Cl ty Councl1 Chambers . . 211 Eighth Street Seal Beach, California . 2'he Seal Beach Planning Commission 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 in favor. When you see that the speaker's position 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 th~ 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 first. ---- PLANNING COMMISSION AGENDA October IS, 1986 " Pledge of Allegiance 2. Roll Call 1. 3. Commission Reorganization 4. Report from Secretary 5. Consent Calendar A. Plan Review 23-86 328 8th Street . B. Plan Review 24-86 711 Central Avenue C. Minutes of September 3, 1986 Meeting. D. Minutes of September 17, 1986 Meeting. 6. Public Hearings A. Conditional Use Permits 14-86 and 15-86 901 Ocean Avenue Resolutions Ii 1439 & 1440 A request to permit the establishment of a new take- out/sit-down restaurant with on-sale beer and wine. Environmental review: This project is categorically exempt from CEQA review (California Government Code Section 15302) Code Sections: 28-1300 (6); 28-2503 Applicant: Jack Haley Owner: Same . (" \ ..... ) '.. B. Variance 14-86. Plan Review 22-86 Resolution 11441 1510 Marine Avenue A request to permit a garage addition to a nonconforming building and to permit the requested garage addition to intrude upon the required sideyard setback. Environmental Review: This project is categorically exempt from CEQA review (California Government Code Section 15301 (e) ). Code Sections: 28-801; 28-802; 28-2407; 28-2500 Applicant: Dan Sullivan Owner: Same C. Zoning Text Amendment 3-86 Resolution 11338 A request to amend Chapter 28 of the Hunicipal Code to require a conditional use permit for all on-sale and off-sale alcoholic beverage licenses. Environmental Review: A Negative Declaration has been prepared in lieu of an Environmental Impact Report. Code Sections: 28-1300 (6); 28-2600; 28-2601 Applicant: City of Seal Beach . D. Variance 15-86 405 Opal Cove Way Resolution #1443 A request to permit a room addition that exceed& the maximum lot coverage by three percent. Environmental Review: This project is categorically exempt from CEQA review (California Government Code Section 15301). Code Sections: 28-401; 28-2500 Applicant: Yates and Associates Owner: Robert Raices 7. Scheduled Hatters A. Hotel/Hotel Definition ZTA 2-86 8. Commission Requests 9. Oral Communications from the Audience 10. Commission Communications 11. Adj ournment Agenda Forecast: November 5. 1986 CUP 16-86 B-53 Surfs ide (HOE) aJ Variance 15-86 405 Opal Cove Way (Yates) ZTA 2-86 Hotel/Hotel Definition . Planning Commission Meeting of October 15, 1986 The Seal Beach Planning Commission met in regular session on Wednesday, October 15, 1986 at 7:36 p.m. Commissioner Perrin lead the Salute to the Flag. Present: Chairman Jessner Commissioners Perrin, Sharp, Suggs Commissioner Covington arrives 7:40 p.m. Also Present: Edward Knight, Director of Development Services Gregory Stepanicich, City Attorney Pam Walker, Administrative Aide Ginger Bennington, Secretary to City Manager Chairman Jessner requests, with the consent of the Commission, to consider Commission Reorganization item after Scheduled Matters. Report from Secretary There was no report at this time. . Consent Calendar Commissioner Suggs moves to approve Item A and B on the consent calendar; Sharp seconds. AYES: NOES: ABSENT: Covington, Perrin, Sharp, Suggs None Covington Motion Carried Commissioner Sharp moves to approve Item C and D of the consent calendar (Minutes from September 3, 1986 and September 17, 1986 meeting); Suggs seconds. AYES: NOES: ABSENT: ABSTAIN: Jessner, Sharp, Suggs None Covington Perrin Motion Carried ... PUBLIC HEARING - CONDITIONAL USE PERMITS 14-86 AND 15-86 - RESOLUTIONS NO'S. 1439 AND 1440 - 901 OCEAN AVENUE Presenting the staff report to Commission, Pam Walker indicates these conditional use permits are requested by Jack Haley to establish a new restaurant with on-sale beer and wine and possibly a take-out service on a site previously used for the same use. Staff's recommendation on these items was approval with conditions. Since the prior conditional use permits were non-transferable, the new owner is requesting these permits. Ms. Walker stated that the previous owner had been participating in the in-lieu parking program for nine spaces, although none of the bills the City has issued for the in-lieu program have been paid to date. It was also indicated that the Chief of Police has reviewed existing records and has no reservations about permitting this operation. Given these facts, staff is satisfied -2- . that the request is compatible with the surrounding land uses and zoning. Staff did express concerns about the noncompliance of in-lieu parking program. The recommendation was for approval of CUP 14-86 with 9 conditions noted in the staff report dated October 7, 1986, with the addition of a 10th condition stating "In view of fact that Hennessey closing hour is 1 A.M., staff recommends same closing hour of 1 A.M. rather than the requested 1:30 A.M. Staff also recommended approval of CUP 15-86 with 3 conditions noted in same staff report. Commissioner Sharp requested more information on in-lieu parking program. Ms. Walker indicated a bill was issued in July, 1985 and for $900. The in-lieu parking fee is $100 per space, from July to July of each year. The prior tenant is no longer in business, their CUPs were non-transferable. Now the landlord is proposing to take over the business and needs to apply for permits on his own. Chairman Jessner declares the public hearing open. . Jack Haley, 404 Ocean Avenue, explained that the prior tenants lease was up August, 1986. Mr. Haley explained that he was not a part of their in-lieu agreement, nor of any conditions imposed by City on his tenants. Mr. Haley did concur with all conditions requested by the City for approval of his permits, except for two items. Mr. Haley explained that he did not feel responsible for payment of back in-lieu charges of $1,800 incurred by his tenants and would also like the opportunity to remain open until 1:30 A.M. in order to compete with like restaurants in the area. In response to Commissioner Sharp, Mr. Haley indicated he would not be opposed to placing a 1:00 a.m. closing hour at this time and returning to the Commission if the need arises for a later closing date of 1:30 a.m. The City Attorney indicated the State regulations allow the on-sale and off-sale liquor establishments to operate until 2:00 A.M. Mr. Stepanicich did point out the Supreme Court did strike down the hours of operation that were imposed by the City of Long Beach on a particular establishment and that no distinction is made between bars and restaurants in the State regulations. . - It was pointed out by staff that there is a notation in the file that the original in-lieu parking fee was for 7 spaces, and that the additional restaurant seating provided caused that to be raised to 9 parking spaces. The City Attorney indicated that the variance itself would apply to the property rather than to a tenant and that since it would run with the land rather than the use, it would be his opinion that the property owner would be liable for those fees if the tenant did not pay. The tenant could not apply for that variance without the approval of the property owner. In this case, the City would have the power to require the property owner who is now applying for the CUP and would be participating in the in-lieu program to pay any past due amounts that were not paid by the prior tenants. Before the variance application would be accepted, he stated, it is standard -3- . practice to require the approval of the property owner for that particular permit. The property owner may not have participated in the actual proceedings, but typically the property owner would agree to the application being filed. Mr. Haley indicated the first notice he had received of non-payment of Mr. Winch's fees was several days ago from the Director of Development Services. Mr. Haley explained that if he had been notified earlier, his leverage as the property owner could have been used to request tenant to comply with in-lieu parking program. Mr. Haley felt he had not signed any documents regarding his tenant's permits. Mr. Covington asked that staff research the files to determine whether the property owner had signed the original variance application for Tom's Corner Cafe. Mr. Haley indicated that in 1982, the City Council approved the opportunity for Carl Stewart to lease 13 spaces from the City at $25 per space for that site. When Mr. Haley bought the property, he also bought that lease. The spaces were to be provided in the Main Street parking lot next to the cleaners. Mr. Stepanicich was not aware of past agreement with Mr. Stewart and the City and was not sure it would have any relevance to this particular case. To Mr. Haley's knowledge, no one had paid any monies for the Stewart parking agreement. It was determined to research the matter further. Mr. Stepanicich pointed out that to the extent that the applicant signed the conditional use permit accepting certain conditions would constitute an agreement with the City, whether or not a separate signed agreement was provided. Mr. Knight indicated that the Finance Department would follow-up on payment for the in-lieu program. Mr. Knight indicated he was not aware that the tenants were delinquent on payment of their in-lieu fees until 1- 1/2 months ago when he informed Mr. Haley at the time he applied for his permits. Theoretically, if payment had not been received, the Commission could hear the matter again and revoke the permits. The total number of parking spaces for this property was 19, 10 provided on site and 9 in-lieu. Mr. Knight i~dicated an old site plan showed the 10 parking spaces, there was then no need for Mr. Haley to provide a new parking plan. Mr. Jessner requested that an 8th condition be placed that the parking configuration be as noted in the site plan. Mr. Haley indicated he was not opposed to providing a site plan for parking. Chairman Jessner asked for inclusion of a condition for review in 12 months to be brought back to the Commission at that time. No others spoke in favor nor in opposition to this matter. Commissioner Covington recommends, with the consent of the Commission, that this matter be continued to the next regularly scheduled November 5th Planning Commission meeting so that the various questions and issues raised tonight may be researched. Suggs seconds the motion. . AYES: NOES: Covington, Jessner, Perrin, Sharp, Suggs None Motion Carried . Commissioner Covington suggests a parking agreement to be used in the future for participants in the in-lieu program. Mr. Knight indicated he would provide a status report to the Commission -4- . rega~ding participants in the in-lieu program and their payment status. PUBLIC HEARING - VARIANCE 14-86 - PLAN REVIEW 22-86 - RESOLUTION 1441 - 1510 MARINE AVENUE - SULLIVAN Ms. Walker indicated in her staff report this matter was a request to permit a garage addition to a nonconforming building and to permit the requested garage addition to intrude upon the required sideyard setback. The subject property was nonconforming due to parking, density and setbacks. Ms. Walker pointed out the applicant appeared before the Commission in June, 1985 to request a 5-car garage encroaching within the sideyard setback which was approved. Staff recommended a 2-car carport in tandem to the garage, which was also approved. The applicant never exercised his permits and consequently the permits expired in one year, necessitating tonight's hearing. The current requests is for the 5-car garage and the 2-car tandem carport as recommended by staff in 1985. Due to code changes, the new applications are in the form of a plan review and a variance request. Because of those zoning changes, staff recommends deleting the carport proposed in 1985 in order to relieve some of the density on the site and instead to stripe those spaces in the concrete. Staff believes that the findings can be made for approval of a variance and therefore recommends approval of Variance 14-86 subject to the conditions noted in the staff report of October 6, 1986. . Chairman Jessner declares the public hearing open. Mr. Al Freeze, 306 16th Street, represented the applicant. He indicated the applicant has no objections to the conditions noted. No members of the audience spoke in favor nor in opposition to the application. Chairman Jessner declared the public hearing closed. Commissioner Sharp moves to approve Plan Review 22-86 and Variance 14-86; Covington seconds. AYES: NOES: Covington, Jessner, Perrin, Sharp, Suggs None Motion Carried . PUBLIC HEARING - ZONING TEXT AMENDMENT 3-86 - RESOLUTION #3138 Mr. Knight that the City Council adopted a citywide moratorium on the approval of new CUP's pertaining to off-sale and on-sale alcoholic beverage licenses in February, 1986. At that time, the Council requested the Commission to review the City's zoning regulations regarding alcohol sales and report back with recommendations. A list of Planning Commission actions recommended to Council were listed in the staff report dated October 8, 1986. As the City Council directed staff to prepare a zoning text amendment to implement Commission's recommendations. Staff prepared a draft ordinance reflecting the first recommendation of Council. Knight pointed out the draft ordinance requires all off-sale and on-sale liquor licenses to have a use permit with the exception of temporary licenses. With -5- . this ordinance, staff suggested that the Planning Commission recommend its adoption to the City Council. Chairman Jessner declares the public hearing open. As no members of the audience speak in favor nor in opposition, Chairman Jessner closes the public hearing. Commissioner Sharp moves to adopt ZTA 3-86, Suggs seconds. The City Attorney explained that in most conditional use permits, the general rule is that the permits go with the land. For that reason, they transfer with the proper. With regard to liquor establishments, the situation is different. Seal Beach has gone one step further in keeping control than most cities, as it copies the language in the State law for ABC licenses. AYES: NOES: Covington, Jessner, Perrin, Sharp, Suggs None Motion Carried PUBLIC HEARING - VARIANCE 15-86 - RESOLUTION #1443 - 405 OPAL COVE - YATES & ASSOCIATES Mr. Knight recommended this item be continued, as it was determined there were additional variances affecting the property that were not advertised for this hearing, but will be advertised at the November 5th meeting. . Covington moves to continue Variance 15-86 to November 5th Planning Commission, with proper notice given by staff; Sharp seconds. AYES: NOES: Covington, Jessner, Perrin, Sharp, Suggs None Motion Carried SCHEDULED MATTERS - HOTEL/MOTEL DEFINITION - ZTA 2-86 Mr. Knight stated that the Commission requested staff to return with four different ordinances resulting from input received at the October 1st public workshop. These four alternatives were detailed in the staff report of October 10, 1986 as follows: 1. Original hotel/motel definition submitted by City Attorney detailing all services which are customarily provided by a hotel. 2. A simpler version of the above definition as buildings or group of buildings of 6 or more guestrooms offering transient lodging. 3. Removal of hotels as an allowable use in the RHD zone. 4. Allow hotels in RHD zone with a use permit. . The City Attorney reported ZTA 2-86 has been scheduled for public hearing on November 5th, that hearing to be predicated upon the data provided tonight. Mr. Knight indicated the four alternatives cover two issues: the definition of hotel and motel -6- . and the appropriateness of location in the RHD zone. Commissioner Covington requested that these alternatives, along with the input received at the October 1st workshop be available in brief summary format for the public at the November 5th public hearing. Commissioner Covington moves for approval of information received in staff report and gives direction to proceed for public hearing; Jessner seconds. AYES: NOES: Covington, Jessner, Perrin, Sharp, Suggs None Motion Carried Commission Reorganization Chairman Jessner pointed out it was appropriate at this time to choose a chairman and vice chairman. Sharp nominates Commissioner Jessner; Suggs seconds. Covington moves to close nominations; Suggs seconds. AYES: NOES: ABSTAIN: Covington, Perrin, Sharp, Suggs None Jessner Motion Carried Perrin moves to nominate Commissioner Covington for vice chairman; Sharp seconds. Sharp moves to close nominations; Suggs seconds. . AYES: NOES: ABSTAIN: Jessner, Perrin, Sharp, Suggs None Covington Motion Carried Commission Requests Commissioner Perrin requests Mr. Knight check current status of in-lieu payment with Finance Department. It was also suggested that if City Attorney drafts a form for parking agreement that there be a signature line for the property owner indicating his responsibilities should tenant default. Chairman Jessner discusses list provided by staff of future items to be considered by the Commission. Commissioner Covington spoke regarding lack of open space sites in the City and the dedication of land or monies for recreational spaces via Quimby act. The City Attorney indicated that Quimby fees only apply to residential, not commercial or industrial development. Chairman Jessner indicated Rockwell has an interest in speaking to the City regarding placement of recreational facility in the area, possibly in conjunction with the Mola development. Oral Communications Councilmember Joe Hunt, 1180 Oakmont, suggested considering a condition regarding in-lieu parking participation which says "in the event the City is not paid within 90 days, the conditional use permit would be voided." . .' . Adjournment With the consent of the Commission, Chairman Jessner adjourned the regularly scheduled Planning Commission meeting of October 15, 1986 at 9:15 p.m. THESE MINUTES ARE TENTATIVE, SUBJECT TO APPROVAL BY THE PLANNING COMMISSION. . .