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HomeMy WebLinkAboutPC Min 1987-02-04 t SEAL BEACH PLANNING COMMISSION AGENDA City Council Chambers 211 Eighth Street Seal Beach. California . rhe Seal Beach Planning COI1lI1Iiss.ton meets .in sesdon every fJ.rst and th.trd fiednesdall of each "",nth at 7:30 p.m. If !IOu wJ.sh to address the Collllliss.ton on any partJ.cular public hearing J.tem, the Chairman wi.ll c:all for pubHc test.tmonll fi.rst for those .in lavor 01 the project, and second, for those who are not J.n lavor. liben you see that the speaker's posi.tion .in the center 01 the room J.s unoccup.ied, step up to the m.icrophone and when recognized bll the Cha.irman, speak d.irectlll i.nto the microphone by l.irst stat.tng 1I0ur lIB.lIIe and address clearlll and di.st.inctlll lor the records. State your busJ.ness as clearlll and succ.inctlll as possible and then wait a moment to see .if the COI1lI1Iissi.oners have any questions J.n regard to your ~nts or questions. II there are no other questJ.ons or c:onnents, return to your seat so that the neKt person _II address the COI1lI1Iiss.ion. II you wish to address the COI1lI1Iissi.on on _tters other than public: hearJ.ngs, the agenda provides lor that time when the ChaJ.rman asks for collllllents Irom the publ.tc. Address the COI1lI1Iiss.ton .in the same _nner as stated for publ.ic hearJ.ngs, alwalls stating your name and address l.irst. PLANNING COMMISSION AGENDA February 4, 1987 Next Resolution .1449 1. Pledge of Allegiance 2. Roll Call 3. Consent Calendar A. Minutes of January 7, 1987 4. Public Hearings A. Zoning Text Amendment 1-87 (Continued from January 21, 1987) A request to amend Chapter 28 of the Municipal Code to provide for the incremental upgrading of landscaping in nonconforming retail centers. . Code Sections: 28-2488; 28-2688; 28-2681 Environmental been prepared Report. Applicant: City of Seal Beach Review: in lieu Negative Declaration 1-87 has of an Environmental Impact B. Conditional Use Permit 19-86 989 Ocean Avenue A request to amend Conditional permit the reestablishment of restaurant at 989 Ocean Avenue. Use Permit 8-86 to a walk-up/take-out Code Sections: 28-1388; 28-2583; 28-2584 Environmental Review: exempt from CEQA review Administrative Code). This project is categorically (Section 15381, California Applicant: Mark W. Corky Gill Owner: Linda Farah and Lee Maxwell 5. Scheduled Matters A. plan Review 2-87 94 Welcome Lane (Continued from January 21, 1987) . . Planning Commission Agenda February 4, 1987 Page 2 6. Oral Communications from the Audience At this time, members of the public may address the Commission regarding any item within the subject matter of the Commission provided that no action may be taken on off- agenda items unless authorized by law. 7. Staff Concerns 8. Commission Concerns 9. Adjournment Agenda Forecast: February 18, 1987 - ZTA 1-87 Landscape Requirements for Commercial Centers March 4, 1987 - VarIance 1-87 229 Fourth Street - Conditional Use Permit 1-87 Seal Beach Inn . . e - - Planning Commission Meeting of February 4, 1987 The Seal Beach Planning Commission met in regular session on Wednesday, February 4, 1987 at 7:35 p.m. Commissioner Suggs lead the Salute to the Flag. ROLL CALL Present: Absent: Also Present: Chairman Jessner Commissioners Sharp, Suggs, Covington (arrives approximately 7:50 p.m.) Commissioner Perrin Edward Knight, Director of Development Services Pam Walker, Administrative Aide CONSENT CALENDAR A. Minutes of January 7, 1987 Commissioner Sharp moved to approve the minutes of January 7, 1987 as presented; Suggs seconds. AYES: NOES: ABSENT: Jessner, Sharp, Suggs None Covington, Perrin Motion Carried PUBLIC HEARING - ZONING TEXT AMENDMENT 1-87 - REQUEST TO AMEND CHAPTER 28 OF THE CODE TO PROVIDE FOR INCREMENTAL UPGRADING OF LANDSCAPING IN NONCONFORMING RETAIL CENTERS This matter was continued from the January 21 meeting. Chairman Jessner indicated Rossmoor Shopping Center requested the hearing be continued to the next Planning Commission meeting. Mr. Knight indicated staff met with representatives of the shopping center and should have input available by the next meeting. As no members of the audience wished to speak on this issue at this time, Commissioner Sharp moved to defer hearing until February 18, 1987; Suggs seconds. AYES: NOES: ABSENT: Jessner, Sharp, Suggs None Covington, Perrin Motion Carried PUBLIC HEARING - CONDITIONAL USE PERMIT 19-86 - 909 OCEAN AVENUE - MARK CORKY GILL Ms. Walker indicated CUP 19-86 is a request by Corky Gill to allow the reestablishment of a take-out restaurant at 909 Ocean Avenue to, in effect, amend Conditional Use Permit 8-86 which was approved by the Planning Commission in May, 1986. That permit authorized the reestablishment of a walk-up/take-out restaurant at that address. For more than 15 years, the subject property was used as a restaurant with take-out service up until October, 1985 when that use became inactive. Under the present zoning regulations, the subject property is nonconforming due to inadequate rear yard setback, insufficient landscaping and an unpaved parking and loading area. The Code also states that nonconforming properties such as this which are discontinued for more than 3 months must be abated and any future uses . be fully conforming on that site. The applicant originally applied to reestablish the restaurant use on the site with take-out service and entertainment. Because of the size of the property, the request necessitated a variance due to insufficient parking. Also requested at that time was a conditional use permit for the walk-up/take-out and for the entertainment. In May, 1986, the Planning Commission considered these applications and approved the parking variance and also the use permit for take-out. The entertainment permit, however, was denied. The variance for parking was conditioned upon participation in the in- lieu parking program and the CUP was conditioned upon satisfaction of the stipulations attached to the variance. To date, Ms. Walker reported, the applicant has been unable to satisfy those conditions - specifically the in-lieu program. Consequently, Mr. Gill has been unable to satisfy the terms of CUP 8-86. Mr. Gill is now trying to take advantage of the conditional use permit that was granted by de- intensifying the use to request walk-up/take out service only. Since the CUP was tied to the variance, the applicant is applying to amend that CUP. Staff recommended approval of Conditional Use Permit 19-86 subject to 13 conditions noted in the staff report of February 4, 1987. Chairman Jessner declared the public hearing open. Mr. Mark Corky Gill, applicant, explained that he has been a merchant in the City since 1981 as the lessee of the property at 909 Ocean Avenue for take- out Mexican food. As background, Mr. Gill explained that in 1983 when applying for an entertainment permit, the former City Manager requested the patio be walled to confine entertainment within the building. This was done at considerable expense, approximately $50,000 accomplished by plans approved by the City.of Seal Beach. After receiving approval for the variance and use permit, Gillis landlady elected not to participate in the in-lieu parking program. Unable to open for business under the aegis of those permits, Gill closed the restaurant not realizing that any use on a nonconforming property inactive for more than 3 months must become fully conforming before reuse can begin. At this point, Mr. Gill brought out the following points on each of the 13 conditions. Condition #1 - The existing 2-car garage shall be maintained for employee parking for the proposed walk-up/take-out restaurant as an interim measure to supply parking. Condition #2 - The proposed storage area shall be converted to an unenclosed area to the satisfaction of the Director of Development Services. e e In order to satisfy the first condition of maintaining the existing 2- car garage (which was previously used for storage of dry goods and restaurant supplies), Gill requested the deletion of condition #2 as he needed that area for storage use of paper plates, napkins, straws, etc. ordered in volume. It was also explained that the enclosure of the storage area (originally the patio) was done at the request of the former City Manager in order to secure an entertainment permit and that he did not have the funds nor the permission of the property owner to demolish any portion of the building. e Condition #3 - The open doorway connecting the existing kitchen to the 4It proposed storage area shall be closed off. In lieu of closing off the storage area, Gill requested the Commission to consider building doors with locks so as to allow staff to have access to the storage area. Condition #4 - The parking/loading area shall be cleared of debris and covered with gravel or otherwise dust-proofed to the satisfaction of the Director of Development Services. Agreed to by applicant. Condition #5 - A detailed landscape and irrigation plan shall be provided to the satisfaction of the Director of Development Services. Gill requests the use of planters and flowers similar to the landscaping used at Walt's Wharf. Condition #6 - The corrugated metal siding on the building's exterior shall be replaced with a material allowed under the Uniform Building Code, 1982 Edition, as amended. Gill explained that the corrugated metal siding was approved by the various departments within the City of Seal Beach prior to construction, therefore, he requested it be retained. Condition #7 - No alcohol shall be served in conjunction with the walk- up take-out restaurant. Agreed to by applicant. Condition #8 - The applicant shall obtain a permanent Certificate of Occupancy before resuming business. Condition #9 - The term of this permit shall be for one year, after which time the Planning Commission may extend the permit indefinitely provided that all conditions of approval have been satisfied. At the time the Commission reviews this permit, it shall determine when to require full improvement of the parking/loading area and abatement of the two-car garage. Gill indicated he is renegotiating his remaining three year lease with the property owner, therefore cannot state whether she would agree to condition 9. Condition #10 - The applicant provide a trash bin enclosure (6 ft. high block wall with gate), location and design to be approved by the Director of Development Services. e Gill indicated his trash bin is located on the property next to the alley. Gill felt that if he used this area for trash bin enclosure he would be in violation of Section 28-2408 regarding nonconforming property. He explained that the particular size of the trash containe~ e accommodated a sit-down dining restaurant and would be more than adequate for a fast food service which would have 1/3 the comparable amount of trash. Gill requested that to make a more natural ingress and egress, that the trash facility be brought closer to the business in order to have the entire southside completely out of the sight of any residence. Condition #11 - That parking can be provided on-site and the offer of 8 in-lieu parking spaces is hereby revoked. Applicant agrees that the variance originally requested would be terminated and no in-lieu parking spaces would be required for his fast food service. e In response to Commission's questions, Ms. Walker indicated that parking requirements for walk-up/take-out services is not specifically called out in the Code, but Commission has authority to state what parking requirements should be. It was staff's recommendation that two parking spaces are sufficient for a walk-up/take-out food service. Gill reported that the gravel parking area in the rear was always used for employees. Chairman Jessner clarified that the only parking which is being presented to the Commission is the two-car garage. In response to a suggestion that the garage doors be removed, the applicant suggested the boarded window be removed and replaced to allow for inspection to determine if used to park vehicles. Condition # 12 - Until such time as gravel area is improved for parking, it shall be secured and no vehicle storage shall take place. Applicant is in full agreement with condition #12. Gill had already notified those neighbors that use the gravel area for parking that it will no longer be available. The gravel area is not used for parking of patrons for sit-down dining because there is no sit-down dining stated the applicant. Other merchant customers have used that area on occasion for parking. e Condition #13 - The sign on the two-car garage shall be removed and no signage, except related to parking, shall be allowed. The applicant agrees to whitewash the Senor Corky's sign from the garage. The following concerns were fully discussed by the Commission. Chairman Jessner requested information on the temporary occupancy permit. Mr. Gill informed the Commission that he was only open for a period of two weeks in May, 1986 due to the dissolving of his partnership as he could not meet the conditions of his variance and conditional use permit at that time. In response to questions by the Commission, Mr. Gill explained his lease expires in 1988 with a verbal option to renegotiate. Suggs felt the corrugated metal siding should be mitigated and staff should determine the location of landscape planters. Mr. Gill hoped e the detailed landscaping plan might be re-evaluated and considered after the 1 year period. As to the location of trash bins, Suggs pointed out that staff would not locate the trash enclosure in such a manner as to violate the code. Knight indicated that staff feels the barrel-type planters are sufficient at this time. Knight further stated until such time as the parking area is improved, a detailed landscaping and irrigation plan will be required. Chairman Jessner expressed concern over the gravel area, that it cannot be confined to one specific area. Mr. Gill suggested that the gravel be on a trial basis and if it becomes untenable, it can be corrected. Mr. Knight suggested the particulars of the trash bins and graveled area be deferred to the approval of the Development Services Director. It is the intent of staff to secure the gravel area, to not use that site for parking at all. Covington felt that 100 sq. ft. of use per parking space would justify the 8 parking spaces which are to be provided on site, and should be provided as improved parking. Covington also felt that the corrugated metal was constructed in good faith and that a time limit be considered in which the metal should be finally removed. Gill explained that there was no Code section pointed out to him that stated corrugated metal could not be used, but that it was an aesthetic basis requiring its removal. As no others wished to speak in favor nor in opposition to this matter, Chairman Jessner declared the public hearing closed. e Chairman Jessner indicated that the purpose of a conditional use permit is to insure that a proposed use is compatible with the surrounding neighborhood. Jessner felt the corrugated metal siding should be removed as it is not compatible with the surrounding neighborhood and further wished to know the replacement material. Jessner also indicated he would not support a time limit in which to remove the metal. Jessner also felt that 2 parking spaces were not adequate for this site, that the existing parking lot should be improved and marked for 8 spaces. Knight indicated the opportunity to use the gravel was only an interim measure until permanent improvement (asphalt and striping) could be accomplished. Jessner felt the garage doors should be removed as was done in the case of Hennessey's. Covington suggested compromise of replacing windows to allowing visual inspection by Development Services staff. Knight explained that if new corrugated metal siding had been used, it would have created a more uniform, water-tight appearance rather than the employing the used metal. Replying to Commissioner Sharp, Mr. Knight indicated that painting the corrugated metal siding as an interim basis until the year 1990 when applicant's lease expires, would be acceptable. Suggs felt the owner of the property should replace the siding, not the applicant. Mr. Gill explained that City officials came to the construction site and viewed the corrugated metal siding and found it acceptable at the time of construction. e The Commission felt the applicant should work with staff to eliminate and compromise on the conditions as discussed this evening. Mr. Knight summed up the Commission concerns, i.e., permanent parking as opposed to interim parking, the discussion of the corrugated metal siding - whether it should be allowed, painted and abated, whether the ABC license goes with the property or with the applicant, and also e taking into consideration the many complaints received during testimony regarding the entertainment permit. Knight felt staff could discuss these changes with the applicant and bring the results back to the Planning Commission at the next meeting. Commissioner Covington moved to continue the public hearing to the February 18, 1987 Planning Commission meeting at which time staff will bring back changes and recommendations that will reflect the discussion and input taken during this meeting; Suggs seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried - SCHEDULED MATTERS - PLAN REVIEW 2-87 - 94 WELCOME LANE Mr. Knight presented a report on history of development of two-story cabanas in the Seal Beach Trailer Park along with the definition of a cabana and the authority of State and City regulations with regard to cabanas. The City has the ability to regulate the Seal Beach Trailer Park for zoning and architectural review and almost everything else is preempted by the State through Title 25 and the waiver that was granted to the trailer park for the 14 ft. height of the cabana. Staff was satisfied that the proposed structure meets the minimum standards outlined in the Code and recommended approval of the application for architectural review and minor height variation subject to four conditions noted in the staff report of February 4, 1987. Mr. Knight mentioned the applicant submitted a new plan showing a two-story balcony. Mr. Robert Latta, 94 Welcome Lane, reported that a balcony was added with respect to Commissioner Covington's concerns for open space. Mr. Latta requested the Commission consider his previous color scheme of variegated colors. Mr. Knight explained staff recommended that either earth tones or muted blues be used commensurate with those colors recommended during previous architectural review sessions for the trailer park. It was the concensus of the Commission to support staff's color recommendations. Commissioner Covington suggested a the following statement be added to four conditions: "This approval is due in part to the Planning Commission recognition of the value to the adjoining property owners in the Trailer Park of the favorable open space impact created by the applicant's proposed front yard voluntary setback. II Commissioner Suggs moves to approve Plan Review 2-87 as presented; Covington seconds. AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried It SCHEDULED MATTERS - CABLE TV COVERAGE Mr. Knight reported the Seal Beach Cable Communications Foundation asked the members of the Commission to consider allowing cable coverage of Commission meetings, either live or taped, with either a full or edited version. It was the consensus of the Commission to have a trial basis of three live Planning Commission meetings. Commissioner Sharp moves to approve; second by Suggs. e AYES: NOES: ABSENT: Covington, Jessner, Sharp, Suggs None Perrin Motion Carried ORAL COMMUNICATIONS There were none at this time. STAFF CONCERNS Mr. Knight reported that the Bixby project is anticipating the shell completion by June. At that time, he indicated, tenant improvements will begin, since tenants should move in around July and August. Knight further indicated the 7th Street connection is in the hands of Caltrans. COMMISSION CONCERNS There were none at this time. ADJOURNMENT It was the concenus of the Commission and so ordered by the Chairman, to adjourn the Planning Commission meeting of February 4, 1987 at 10:30 p.m. - THESE MINUTES ARE TENTATIVE, SUBJECT TO APPROVAL BY THE PLANNING COMMISSION. e