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HomeMy WebLinkAboutPC Min 1987-05-06 SEAL BEACH PLANNING COMMISSION AGENDA Clty CounCll Chambers 211 Eighth Street Seal Beach, California . 2'he Seal Beach Planning Commission meets in session every first and third Wednesday of each IlIOnth at '1:30 p.m. If you wish to address the Commi.ssion 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 favur. When you see that the speaker's position in the center of the room is unoccupied, step up to the m:icrophone and when recognized by the Chairman, speak directly into the m:icrophone by first stating your nll1lle and address clearly and distinctly for the records. State your business as clearly and succ::inctly 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 Commi.ssion on matters other than public hearings, the agenda provides for that time when the Chairman asks for comments from the public. Address the Commi.ssion in the Slime manner as stated for public hearings, always stating your name and address first. PLANNING COMMISSION AGENDA May 6,1987 Next Resolution '1461 1. Pledge of Allegiance 2. Roll Call 3. Consent Calendar A. Mlnutes of April I, 1987 4. Public Hearings A. Condltlonal Use Permit 4-87 500 PaClflC Coast Hlghway, #104 A request to permit the transfer of an on-sale beer and wine license to the new owners of an existing restaurant. Resolution 11457 . Code Sections: 28-1300; 28-2503; 28-2504 Environmental Review: This project is categorically exempt from CEQA review (California Administrative Code Section 15301 ) Applicant: Soong H. Kim and Song K. Kim 8. Variance 4-87 104 Prlnceton Circle Resolution '1458 A request to enclose an existing covered patio to create a solarium with a rear setback of less than ten (10) feet. Code Sections: 28-401; 28-2500; 28-2501; 28-2502 Environmental Review: This project is categorically exempt from CEQA review (California Administrative Code Section 15301). Applicant: Russel J. Atwood C. Variance 3-87 Conditional Use Permit 2-87 901 Ocean Avenue Resolution 11459 A request to permit structural nonconforming, nonresidential use, existing on-sale beer and wine license license. modifications to a and to upgrade an to an on-sale general Code Sections: 28-1300; 28-2408; 28-2500; 28-2501; 28-2502; 28-2503; 28-2504 . Environmental Review: This project is categorically exempt from CEQA review (California Administrative Code Section 15301) . Applicant: Jack Haley , . Planning Commission Agenda May 6. 1987 Page 2 5. Scheduled Matters A. Plan Review 5-87 1633 Seal Way 6. Oral Communications from the Audience At thlS tlme. 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: . Man 20, 1987 -C P 5-87 143 Main St. (Schuman) -ZTA 3-87 Development Agreements June 3, 1987 -Varlance 5-87 340 Ocean . PLANNING COMMISSION MEETING OF MAY 6, 1987 . The Seal Beach Planning Commission met in regular session on Wednesday, May 6, 1987 at 7:37 p.m. Chairman Jessner led the Salute to the Flag. ROLL CALL Present: Chai rman Jessner Commissioners Rullo, Sharp, Suggs, Covington (arrives 7:40 p.m) Absent: Also Present: None Edward Knight, Director of Development Services Pame1 a W a1 ker, Admi ni strat ive Ai de CONSENT CALENDAR - A. MINUTES OF APRIL 1, 1987 PLANNING COMMISSION MEETING Chairman Jessner moved to approve the consent calendar, Sharp seconds. AYES: NOES: ABSTAIN: Covington, Jessner, Sharp, Suggs None Rullo Motion Carried . PUBLIC HEARING - A. CONDITIONAL USE PERMIT 4-87 - 500 PACIFIC COAST HIGHWAY - #104 - RESOLUTION #1457 - NORM CALVIN'S RIB JOINT Ms. Walker reported this was a request to permit the transfer of on-sale beer and wine license at Norm Calvin's Rib Joint to new owners. The same floor plan and same menus will be provided. It was pointed out the prior CUP allowed applicant to stay open to 1:30 a.m. however the hours shown on the menus stateQ 10 p.m. Based on the history and location and recommendation of the Chief of Police, the recommendation was made to approve CUP 4-87 with the 8 conditions noted in the staff report. Chairman Jessner declared the public hearing open. A Commission member stated that the City, according to City Attorney's ruling, cannot coerce an applicant or condition an applicant to close earlier than the ABC law allows. However, it was pointed out that an applicant may agree to any conditions placed on a conditional use permit. Mr. Knight further clarified that if an applicant agreed to a condition, then the condition would be valid. Knight also indicated he would research the City Attorney's comments regarding this matter. The applicants, Mr. Soon Kim and Mrs. Song Kim, stated they agreed to the conditions noted in the staff report except for the hours of operation. According to the Kims, the restaurant is currently operating from 11 a.m. to 11 p.m. Mr. Kim also stated that the hours of operation reported to A1~oho1ic Beverage Control Board were 11 a.m. to 11 p.m., seven days a week. . 1 . . . Responding to Mr. Kim's question, it was explained that the review which takes place after one year would be handled as a public hearing. It was also explained that this review period was a routine matter for beer and wine permits. As no others spoke in favor nor in opposition to this matter, Chairman Jessner declared the public hearing closed. Commissioner Covington moved to approve Resolution #1457 with modifications to condition #7 to read, "CUP 4-87 shall be granted for one year, after which time the Planning Commission will review the CUP and may extend it indefinite1y." Condition #8 was modified to read "The hours of operation will be 11 a.m. to 11 p.m. seven days a week and no alcoholic beverages shall be sold after 11 p.m: Commissioner Sharp seconds. AYES: Covington, Jessner, Rullo, Sharp, Suggs NOES: None Motion Carried PUBLIC HEARING - VARIANCE 4-87 - 104 PRINCETON CIRCLE - RESOLUTION #1458 - ATWOOD Ms. Walker reported this matter was a request to enclose an existing covered patio to create a solarium at 104 Princeton Circle. The property has a rear setback of less than ten feet. Staff's review of this application focused on two points: 1) whether the findings for granting a variance could be made and 2) how the existing patio was placed originally so as to violate the rear setback. It was determined by staff that the required three findings for variances can be made in this instance and that the granting of the variance will provide the owner with the same privileges currently enjoyed by his neighbors. Since the awning had been added illegally to the patio in question, staff recommended approval of this variance subject to the condition that the applicant obtain an after-the-fact building permit for the patio awning prior to acquiring permits for the conversion of the enclosure of the patio. Chairman Jessner declared the public hearing open. Mr. Russell Atwood, 104 Princeton Circle, disclosed that the property had an existing aluminum cover and slab when purchased. When the applicant learned, upon building a pool and spa, that the cover and slab was not permitted, the contractor recommended that the slab be removed (as it was not level.) This was done in conjunction with removing the rusted out aluminum awning. A new slab and a solarium will be built should the variance be granted. Mr. Knight announced that once the slab and awning were removed, there is no need for after-the-fact permits. As no others spoke in favor nor in opposition to this matter, Chairman Jessner declared the public hearing closed. Commissioner Sharp moves to approve Resolution #1458 with a modification to condition #1 to read "Upon confirmation by the 2 . Director of Development Services as to the removal of the patio awning and slab, no after-the fact- building permits for the patio awning will be necessary; Covington seconds. AYES: Covington, Jessner, Rullo, Sharp, Suggs NOES: None Motion Carried . PUBLIC HEARING - VARIANCE 3-87 - CONDITIONAL USE PERMIT 2-87 - 901 OCEAN AVENUE - RESOLUTION 31459 - JACK HALEY Mr. Knight related this CUP and Variance was filed by Jack Haley for his restaurant at 901 Ocean Avenue to permit structural modifications to a nonconforming, non-residential use, and to upgrade an existing on-sale beer and wine license to an on-sale general alcohol license. Knight reported the applicant is requesting to enclose an additional 212 sq. ft. of floor area at the southwest corner of the restaurant. Fourteen seats will be provided in this area. The remainder has been remodeled to provide a dining room with 32 seats and a bar/dining area with 24 seats. The Planning Commission approved on-sale beer and wine at this property for the applicant in November, 1986 with 12 conditions. At that same time a walk-up/take-out service was approved with 3 conditions. Knight explained staff had two primary concerns with current application - the parking impact of the proposed expansion and the appropriateness of general liquor license. With increased dining space, additional parking for a use which cannot provide sufficient parking on site would be required. With the 8 on-site parking spaces and now the need for 13 in-lieu spaces, staff recommended that participation in the in-lieu program be granted. Knowing that the Commission gave direction to staff to discourage participation in the in-lieu program until a study could be performed, Knight revealed that the applicant had submitted his request prior to the action taken by the Commission. Staff, therefore, recommended approval of Variance 3-87 subject to four conditions. Staff also recommended approval of CUP 2-87 as inspection of the premises indicates that the former cafe- style restaurant has been converted to a dinner house with separate lounge/dining area which would deem it compatible for a general alcohol license. It was also indicated that the Chief of Police had no objection to this application. Approval of CUP 2- 87 was subject to 12 conditions. It was pointed out by a Commission member that most properties on Main Street and Ocean Avenue build out to zero property line which is essentially what the applicant is requesting. It was. requested by a Commissioner that a landscape plan be submitted prior to issuance of building permits. Chairman Jessner declared the public hearing open. . 3 . Jack Haley, 404 Ocean Avenue, indicated he is in general agreement with the staff report but requested clarification on the following items: alcohol display devices (it was explained this was to preclude neon signs advertising name brands of alcohol not for advertising the restaurant itself) and kitchen closing hours (it was explained that patrons served prior to closing time would be allowed to eat and drink past the closing hour). Haley reported the history of the restaurant site and his 10n9-time family residence and proven business experience in this City. He explained his desire to open a family restaurant as soon as possible. He also indicated he had submitted a landscape diagram with landscaping to be provided along the east wall, another area along Ocean Avenue, another area along the patio and another area by the take-out window. Responding to a question, Knight stated the City has received all in-lieu payments and are currently up to date. An interim agreement has been prepared by the City Attorney and sent to all in-lieu participants. Commissioner Covington requested Haley explain his hours of operation. Haley related that in discussion operating hours wither various restaurateurs in the City, he would modify his hours of operation as follows: liThe dining area would close on Sunday through Thursday at 10 p.m. with the restaurant closing at 11 p.m. and on Friday and Saturday, the dining room would stay open at 11:00 p.m. with the restaurant would closing at midnight. II In response to a Commissioner's question, Haley stated that should the pier restaurant operate at later hours, he may return to the Commission for a change in his hours of operation in order to be competitive. Bruce Stark, 204 Ocean, felt that Haley's proven track record should be considered in this matter and expressed dissatisfaction with the experience and operation of Mr. Hal Griffith, the proposed lessee for the pier restaurant. Stark also felt the Commission was granting a special privilege to Haley for participation in the in-lieu program while not requesting same of proposed pier restaurant operator. Commissioner Jessner indicated the Commission was hearing Mr. Haley's proposal only. and was not involved with the proposed lessee of the pier restaurant. . . Marguerite Boyd, 116 Main Street, spoke in favor of this project however, expressed concern as to whether loud music would be utilized. It was explained that no entertainment permit has been requested therefore no music would occur. As no others spoke in favor nor in opposition to this mattter, Chairman Jessner closed the public hearing. Covington stated the granting of a variance for parking is a routine procedure, however, at some future date there will be a resolution of the parking problem. Covington moved for approval of Resolution 1459 with modification to condition #2 to read "approved prior to" after the word "Development Services" and 4 . with the deletion of the 4th condition as recommended by staff; Commissioner Sharp seconds. AYES: Covington, Jessner, Rullo, Sharp, Suggs NOES: None Motion Carried Sharp moves to approve Resolution 1460 with recommended changes to condition #7 to read "The Hours of operation shall be as follows: the dining area would closed on Sunday through Thursday at 10:00 p.m. with the restaurant itself closing at 11:00 p.m. and on Friday and Saturday the dining area to close at 11:00 p.m. with the restaurant itself closing at midnight." Condition 9 was modified to read "that a customer seated would still be entitled to be served and complete their meal. Condition #12 would be modified to read "Planning Commission will review and may extend" ... the permit indefinitely. Commissioner Rullo seconds. AYES: Covington, Jessner, Rullo, Sharp, Suggs NOES: None Motion Carried . SCHEDULED MATTERS - PLAN 5-87 - 1633 SEAL WAY - RONALD KREDELL According to Knight, this item was scheduled for minor height variation for the addition of a high tempered glass parapet wall to a 3-story, single family residence. The proposed parapet would bring the total height to 38 feet which is 3 feet higher than the maximum height allowed in the RHD lone. The Code provides for approval of a non-habitable architectural feature such as this parapet. Staff recommended approval of this plan review with four conditions noted. Ronald Kredell, 1615 Seal Way explained the reason for the parapet was to allow for cleaning of the high vertical windows. Kredell explained that the doghouse did not extend as much as it could according to Code and the parapet would be reinforced to provide for safety. Rullo expressed concern that a 36" high parapet would intersect the 42" high parapet. Sharp moves to approve Plan Review 5-87, Covington seconds. AYES: NOES: Covington, Jessner, Sharp, Suggs Rullo Motion Carried . ORAL COMMUNICATIONS Tom Greeley, 1619 Seal Way explained he originally opposed the building of 1633 Seal Way as the housing placement would impact his view. He also indicated that due to flooding concerns, he may come before the Commission to raise his home which might obstruct the view of 1619 Seal Way. Ronald Kredell, 1615 Seal Way indicated no opposition to Mr. Greeley.s future plans. 5 . Helen Russell, Seal Way, also indicated that should she decide to rebuild on her property, it also might obstruct Mr. Kredell's view. STAFF CONCERNS There were none at this time. COMMISSION CONCERNS Commissioner Sharp requested staff to direct letter to Bixby Ranch Company commenting on the beauty of the landscaping at Old Ranch Business Park. Covington requested that letter be held until impacts of traffic are seen. Commissioner Rullo requested letter of thanks be sent to the AFRC base for their tour and explanation of base operations. Suggs seconds. AYES: Covington, Jessner, Rullo, Sharp, Suggs NOES: None Motion Carried ADJOURNMENT It was the consensus of the Commission and so ordered by the Chair to adjourn the Planning Commission meeting of May 6, 1987 at 9:15 p.m. THESE MINUTES ARE COMMISSION. TATIVE, SUBJECT TO APPROVAL BY THE PLANNING . Q . 6