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HomeMy WebLinkAboutPC Min 1993-01-20 ;. '. . . . . . ,.' - ." ~ CITY OF SEAL BEACH PLANNING COMMISSION MEETING AGENDA of JANUARY 20, 7993 7:30 P.M. * City Council Chambers 27 7 Eighth Street, Seal Beach, CA [Next Resolution No.: 93-71 I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. CONSENT CALENDAR 7. Minutes of November 78, 7992 2. Minutes of January 6, 7993 3. Minor Plan Review #93-7 Address: 4 Cottonwood Lane Applicant: Paul Yamaguchi Property Owner: Bill Dawson Request: Two-story cabana. IV. SCHEDULED MA TTERS 4. Planning Commission Determination Parking Requirements for Masonic Lodge Address: 272 Main Street 5. Adoption of Resolutions: Resolution #93-2 for Variance #92-2 Resolution #93-6 for CUP #92-72 & Negative Declaration #92-5 Re: 5 Anderson Street * Jeff Overeem , ;;. . . . ,. ..' . ... Page 2 - PIlIImiDg ClIIIIIIlissiOll Minulc8 · JIDWIJ)' 20, 1993 V. PUBLIC HEARINGS 6. Conditional Use Permit #92-20 iif~M~B,J.: "-\-';:'~l~'1$.;!J~~~113: re... !r"'....>>t'~....~~.,..-~~'~N........ ........N"" ;.:"".. ~ Operation: John's Food King Address: 748 Main Street Applicants: Donald & Sharon Davis Property Owner: Dorothy M. Nescher Request: Aher-the-fact approval for ABC license. Resolution: #92-62 7. Conditional Use Permit #92-26 Operation: Tortilla Beach Mexican Grill Address: 3007 Old Ranch Parkway Applicant: Cary Hardwick Property Owner: Bixby Ranch Company Request: On-sale general liquor license in conjunction with a new restaurant. Resolution: Next # in sequence. VI. ORAL COMMUNICA TIONS VII. STAFF CONCERNS VIII. COMMISSION CONCERNS IX. ADJOURNMENT II .~ ~ . ' , Page 3 - PIamJiDg COIIIIIIiBaiClll Minutca · January 20, 1993 . 1993 A GENDA FORECAST: STAFF REPORTS PENDING: NOT AGENDIZED * Review of CUP's fo, Businesses ODen 2-6 A.M. 1. 2. 3. Not ,ec'd Not ,ec'd Not ,ec'd * Seal Beach Chev,on Union 76 Taco Bell Scheduled: Scheduled: Scheduled: Review of 12 establishments selling liQuo, w/o Citv CUP. ,. Not ,ec'd Leisu,e Mkt. Scheduled: 2. Not ,ec'd Dolphin Mkt. Scheduled: * ZTA #92-2 * CUP #92-7 . * CUP #14-91 * ZTA # - * HV# * ZTA # ---- * CUP #92-23 * VAR #92-3 * CUP #92-10 . Ente,tainment Cafes (Pending City Manage,'s wo,k on one day pe,mits) Unocal/99 Ma,ina/Reactivate Oil Dehyd,ation Facility) [Envi,onmental wo,k being done] SDaghettini's/Entenainment/One yea, ,eview. [ABC going to ,eview thei, position fi,st]. Old Ranch Count,v Club/Entenainment/ZTA befo,e CUP CRAS fThomDson @ 1305 SandDiDe,J C,estview/Patio Setbacks 209 Main St.lBJ's Pizza [CUP fo, bee, & wine + seismic ,et,ofit] 209 Main St.lBJ's Pizza WAR fo, on-site pa,king]. 121 Main St,eet * I,ishe, [Afte'-the-fact CUP fo, selling liquo,] [Pending discussion with atto,neys; continued f,om 11-18-92, 12-9-92, 1-6-93] ~ " . . , f . * Page 4 - PIaoniug Commis.iClll Minutes -1anuary 20, 1993 CUP #92-75 * 72727 Seal Beach Blvd. * Rossmoor Bowl [After-the-fact CUP for selling liquor] CUP #93-7 72727 Seal Beach Blvd. * Rossmoor Bowl [CUP for video games] 7993 = FEB 03 FEB 77 MAR 03 MAR 77 APR 07 APR 27 . MAY 05 MAY 79 JUN 09 JUN 23 JUL 07 JUL 27 AUG 04 AUG 78 SEP 08 SEP 22 OCT 06 . VAR #92-41254 Sixth St./new Ericksen house. MPR #97-79/7707 PCH/Envipco Recycling Machines CUP #92-7/Tootsie's indefinite extension. CUP #92-2/SeaSide Grill's indefinite extension. CUP #92- 79/Clancy's for 72 mos. extension. CUP #92-77/Main St. Deli/indefinite extension. j .. Page 5 - P1anniug Cammiasioo Minutes · Jmll8lY 20, 1993 . OCT 20 NOV 03 NOV 77 DEC 08 DEC 22 . . January 20, 7993 i ' , . . .' . CITY OF SEAL BEACH . PLANNING COMMISSION MINUTES OF JANUARY 20, 1993 The regularly scheduled Planning Commission meeting of January 20, 1993 was called to order by Chairman Fife at 7:30 p.m. in City Council chambers. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Sharp. ROLL CALL Present: Chairman Fife Commissioners Law, Sharp, and Dahlman Staff Present: Department of Development Services: Michael Colantuono, Assistant City Attorney Lee Whittenberg, Director Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary . Chairman Fife indicated the Planning Commission seat formerly occupied by Commissioner Joseph Orsini is now vacant. CONSENT CALENDAR 1. Minutes of November 18, 1992 Approval of the November 18, 1992 Planning Commission Minutes had been deferred because of Commissioner Orsini's absence. In view of recent developments, the Commission proceeded with the approval. MOTION by Dahlman; SECOND by Sharp to approve the Planning CommiR4Jion Minutes of November 18, 1992. MOTION CARRIED: A YES: 4-0-0 Dahlman, Sharp, Fffe, Law *** . ., . . . I . Page 2 - PIaDniDc Commission Minufc8 of Jmwuy 20, 1993 2. Minutes of January 6, 1993 MOTION by Sharp; SECOND by Law to approve the Planning Commi~ion Minutes of January 6, 1993 subject to changing the word "height limit" to "size limit" on page 3. MOTION CARRIED: A YES: 4-0-0 Sharp, Law, Fife, Dahlman *** 3. Minor Plan Review #93-1 4 Cottonwood Lane Staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department]. The applicant, Paul Yamaguchi, is requesting an architectural review to build a two-story cabana at 4 Cottonwood Lane that will provide a total of 1,842 square feet of living space. Staff recommended approval subject to the five conditions of approval in the staff report plus a sixth condition to read: #6. The stairwell to the roof deck and the roof deck will be removed from the plans. Commission Comments The Commission asked why roof decks are not permitted when two stories are allowed? Mr. Curtis explained the municipal Code provides architectural guidelines for two-story cabanas and prohibits decks above the roof level of the second floor. Commissioner Dahlman how many two-story cabanas are built in the Seal Beach Trailer Park? Mr. Curtis said there are 125 spaces and estimated there are 20 - 25 two-story cabanas. Under the existing ~, 60 - 65 two-story cabanas could be built. The trailers must have 20' between the second stories and that distance requirement prohibits side-by-side two-story cabanas as the lots are small. Chairman Fife asked the purpose of the distance requirements? Mr. Curtis said it is for safety reasons and fire prevention more than for access by fire trucks because the distance requirement is at the second story level. Commissioner Dahlman asked if the trailers could be moved, possibly eliminating parking spaces in order to make room for the second stories to be legal? Mr. Whittenberg said the City Attorney's Office provided direction to Planning Department staff that staff can enforce the lot lines indicated on a 1977 map, developed at the time . . . t . PIce 3 - PIanniDg Commission Minutes of Jsnuary 20, 1993 the Park was approved. This is the frrst application before the Planning Commission where all the measurements are from the existing lot lines. All future applications will continue to utilize this map. Commissioner Law asked what the area of the second story balcony will be once the circular stairway is removed? Staff said it will be a complete balcony. Mr. Whittenberg said Condition of Approval #4 should be changed to reflect that compliance should be through the 1991 UBC versus the 1988 edition. Commissioner Dahlman suggested the reference be "Compliance with the California Administrative Code and the Uniform Building Code" without specifying the date. An applicant would be required to develop to whatever building code the City has adopted at the time he applies for his building permit. MOTION by Sharp; SECOND Dahlman to approve Minor Plan Review #93-1, subject to six conditions and with a correction to condition #4 to reflect compliance with the currently adopted edition of the Uniform Buildine Code. MOTION CARRIED: AYES: 4-0-0 Sharp, Dahlman, Law, FKe *** SCHEDULED MATTERS 4. Planning Commission Determination Parking Requirements for Masonic Lodge at 212 Main Street The Commission discussed the wisdom of rendering a Planning Commission determination on parking requirements prior to the use of the building being known. The following facts were presented and discussed: 1. The building's current tenant, the Masonic Lodge, is an existing use with no specific parking requirements. It has no parking and no parking is required. The municipal Code requires the Planning Commission to determine parking requirements for non-specified uses. 2. The parking allowed for the building at 212 Main Street is determined from the existing use, the Masonic Lodge. . . . Page 4 - PIanniag Commissioo Minutes of January 20, 1993 3. If the Planning Commission determines the parking requirements for the Masonic Lodge, any subsequent use on the property would have to meet those parking requirements. 4. Setting parking requirements for this site would allow potential buyers to look at various uses acceptable to that site. 5. The City has no in-lieu parking program and a new owner would have to provide required parking on site or obtain a Variance. 6. When a change of ownership has occurred, the Planning Commission has asked the new applicant to make up for parking deficiencies via a parking mitigation fee. This is felt to level the playing field for those owners subject to the in-lieu parking fees. 7. A determination on the number of ' grandfathered' parking spaces could create a lawsuit situation. A buyer could assume the property had, for example, 28 'grandfathered' parking spaces and buy the property based on that, only to find out a new use would have no 'grandfathered' parking. Mr. Colantuono explained the Masonic Lodge's non-conforming rights would exist under two circumstances: (1) that a new use would continue essentially as the same use and (2) there is not a three month discontinuance of the present use. The Masonic Lodge needs to find a buyer who will run a fraternal organization in largely the same way they have operated and who will begin operating within three months of the Masonic Lodge's cessation. The Commission is being asked to render an advisory opinion. Mr. Colantuono further explained a "grandfathered parking space" is a non-existent parking space which is not provided in any manner. This signifies that people have property rights to maintain their uses in the way they always have notwithstanding the fact the zoning ordinance became more strict with respect to parking after the establishment of the use. An "in-lieu parking space" refers to a program applied for a period of time, in which certain uses agreed, as part of a project approval, to pay money into a special fund with the understanding that that fund would be used to provide additional actual spaces. Those funds were used to re-stripe certain lots and create additional parking opportunities in the Old Town area. Mr. Colantuono said the theory behind zoning ordinances is that non-conforming uses will eventually abate. He suggested the Masonic Lodge should be aware that any determination made tonight is a tentative one and a final determination can only be made when there's an actual application for an actual use. . . . Page 5 - PImniDg Commission Minutes of January 20, 1993 Chairman Fife asked what constitutes "vacancy"? Mr. Colantuono said municipal Code ~28-2401 says "... if a non-conforming use is discontinued for a period of three (3) consecutive months, such use shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district and zone in which the property is located". It is up to the Planning Commission to give the phrase "use is discontinued" a reasonable interpretation. MOTION by Sharp; SECOND by Fife to allow the applicant to address the Commi~sion. MOTION CARRIES: AYES: 4-0-0 Sharp, Fife, Law, Dahbnan Warren Morton. Seal Beach and Ron Douelas. Westminster Mr. Douglas said the Masonic Lodge is in the process of selling their building. They want information on parking requirements for potential buyers. Mr. Morton said the Masonic Lodge has had offers to buy and the Lodge has asked the buyers for a letter holding the Lodge harmless from any claims that the City is going to require parking. So far the buyers have agreed to this. He said they were coming before the Commission to get an idea on the parking and to let the City know the property is going to be leased or sold. Mr. Morton noted that if they are unable to maintain it as a lodge, the building will be a building just sitting there. Chairman Fife asked Mr. Colantuono what the requirements would be if a new lodge came in? Mr. Colantuono said the amount of required parking would be determined by the Planning Commission much like what is being requested tonight. The ~ does not specify what numbers are appropriate so the Commission is left to judge what numbers are appropriate in light of the other numbers that do appear in the Code. Assuming the next occupant of this site is required to provide parking because they don't qualify as a non-conforming use, if they can't provide the mandated number of spaces on the site, and the Code only allows the spaces to be provided within 3OO'of the site, the likely outcome would be a Variance application. The Commission would be in a position to decide if they could make the findings for a Variance. The Planning Commission could make the findings for a Variance because the property owner couldn't make any use of the property without one and the Commission could impose conditions on the Variance to mitigate the impact of the use on the neighborhood. The likely outcomes are (1) the Masonic Lodge sells to a similar fraternal organization and there is no three month gap or (2) the issuance of a Variance under appropriate conditions of approval. Mr. Whittenberg said the Commission would not be 'grandfathering' in any parking spaces, they would be telling this particular building that if the current legal non- conforming status of that building lapses, by it being vacant for three months, if they . . . Page 6 - PIanaiag Commission Minutes of JlDusry 20, 1993 wish to re-open that building with a similar use, the parking for that use would be, for example, 28 parking spaces or to come before the Planning Commission for a Variance. Mr. Colantuono said the Lodge's purpose in coming to the Commission tonight may have already been served as they wanted to know the City's requirements for parking. He said he was concerned that if the Commission took an action, that action could be misconstrued or misunderstood in the future and his advice was for the Commission to take no further action but to receive and file the staff report. MOTION by Dahlman; SECOND by Foe to receive and file and staff Memorandum entitled "Planning Commi~l)ion Determination of Parking Requirements - Masonic Lodge, 212 Main Street" without specifying a specific parking requirement. MOTION CARRIED: AYES: 4-0-0 Dahlman, Fife, Law, Sharp *** 5. Adoption of Resolutions: Resolution #93-3 for Variance #92-2 Resolution #93-6 for CUP #92-12 and Negative Declaration #93-5 The Commission determined to approve each resolution by a separate action. Mr. Whittenberg indicated staff provided the Planning Commission with copies of the resolutions which were revised by the City Attorney's Office. The Commission asked this item be held in abeyance until Commissioner Dahlman reviews the documents. 6. Conditional Use Permit #92-20 148 Main Street * John's Food King Chairman Fife indicated this item has been continued from the Planning Commission meetings of November 18, 1992 and January 6, 1993. Staff Re,port Ms. Fillmann presented the staff report. [Staff report on file in the Planning Department]. The applicants, Donald and Sharon Davis, request Planning Commission approval and indefinite extension for after-the-fact Conditional Use Permit #92-20, an of-sale beer and wine license at John's Food King. . . . Page 7 - Phuming CommisaiOll Minutes of 1anuary 20, 1993 Commission Comments The Planning Commission discussed the shared parking lot arrangement between John's Food King and Papillon' s restaurant. A concern was the possibility of invalidating prior Planning Commission approvals for Papillon's restaurant by allowing John's Food King to remain open in the evenings, thus creating a competition for parking spaces in that parking lot. Commissioner Dahlman said former Commission concerns regarding shared parking and overlap of hours are addressed in the March 15, 1989 Planning Commission Minutes at page 5 and Resolution No. 1573, page 1, paragraph 3. The Minutes reflect Papillon's restaurant using the entire parking lot in the evening hours. Then-Director Ed Knight noted a direct conflict between the hours of 11:00 a.m. and 7:00p.m. when John's Food King closed. These facts were a definite part of the Commission's consideration in granting Papillon's parking Variance. Reading the Minutes, it could be concluded the Variance would not have been granted if Mr. Tahvildari had not entered into the arrangement to share parking with John's Food King. Therefore, the action tonight to extend beyond 7:00 p.m., the hours specified in the Minutes, would seem to invalidate Mr. Tahvildari's Variance. Resolution No. 1573, page 1, paragraph 3, says Papillon's parking is taken care of. He said that ifPapillon's loses its parking then Papillon's loses CUP #89-2. Mr. Whittenberg said those agreements stay in place and would not be changed by this application. Chairman Fife referenced page 6 of the March 15, 1989 Minutes, saying he was initially opposed to the parking Variance for Papillon' s and was convinced to vote in favor of it because of the minimal overlap of the two uses. The property owner's attorney was pushing the fact that the uses would not conflict with each other. Public Hearing Donald Davis * 109 Electric Avenue. Seal Beach Chairman Sharp asked Mr. Davis if the parking lot was truly a shared parking lot or was it a designated parking lot? Mr. Davis agreed the parking lot is striped but none of the spaces are painted to designate certain spaces to the market or the restaurant. Commissioner Sharp asked Mr. Whittenberg if a Commission determination on John's Food King would effect Papillon's Variance or CUP? Mr. Whittenberg said the shared parking arrangement was an agreement reached between the two businesses; there is a formal lease agreement between the property owner and the two businesses. Additionally, the lot has a guard who watches who parks there during the summer. He Page 8 - PIanaiDg CClllllllissioD Minutes of 1811W11)' 20, 1993 . indicated this applicant has certain property rights for the market now and the Commission should not over-restrict those pre-existing rights. Mr. Whittenberg explained a Variance was granted for twelve parking spaces on the property. The parking is provided either on-site or by a separate lease agreement with the church next door (which was required by the Coastal Commission at the time the site was converted from a take-out restaurant to the sit-down restaurant). Between the Variance, the parking he has on-site in the lot and the lease agreement with the church the restaurant meets the City's parking requirements. The hours recommended in the staff report would not adversely effect either the market or the restaurant. They have been operating without problems for years. . Mr. Colantuono said Commissioner Dahlman is right in a practical way, it was the understanding of the majority of the Planning Commission when they granted the Variance that John's Food King would not be open in the evening hours, competing for the use of the parking lot. However, in terms of the legal components of the Variance, there is no condition to the Variance requiring that John's Food King not operate or compete for the parking. The documents reflect the existence of the right to use those spaces, as reflected in the lease, as a necessary component of that businesses' compliance with City parking standards. What's legally relevant in a technical aspect is what the lease says. The lease is silent on hours of operation, and says they have an un-divided one-third and two-thirds interest respectively in the use of the lot, 24-hours daily at all times. There never was a legal restriction on John's Food King's right to use the lot in the evening hours and if the Commission was led to believe that was the case, then the Commission was misled. The Variance has been issued and belongs to Papillon's restaurant and could be taken from them only after a Noticed Public Hearing at which appropriate findings were made. Mr. Colantuono's legal advice was that if the CUP is issued to John's Food King that will not require the Planning Commission to take any action regarding Papillon's restaurant. If the Commission discovers there is a public policy problem because there's increasing competition in that area, and the Commission believes the two businesses have become obnoxious neighbors because of that competition, then the Commission would have a basis to bring them back before the Commission for modifications of their relative permits. "There is no automatic infrrmity in any of their existing permits ... it's not my impression that there's anything in that lease that restricts their use of the lot in the evening hours". . Chairman Fife asked about mistake of fact. Mr. Colantuono said if there was a mistake of fact that led to the issuance of a Variance that mistake of fact could provide a basis to attack the Variance until the time the matter becomes res judicata. Chairman Fife said he would not attack the Variance because that person, at that time, had not yet spent his money; he got the Variance and he has now spent his money. The property owner was clearly assuring the Commission that John's Food King would shut down, there would be minimal overlap, there would 22 parking spaces available to the restaurant. The Commission approved the Variance for 12 spaces. Pace 9 - PIaaaiag Commiuiaa Minutes of January 20, 1993 . Mr. Colantuono said if the Commission was misled, that cannot be held against John's Food King because they were not a party to the misleading. Representations were made about the legal rights of a third party and there was no one before the Commission with the authority to state what the market's rights were or were not. The property owner knows about the legal rights of his tenants but he did not have the unilateral power to change the legal rights of his tenants, he is bound by the lease. Commissioner Fife asked if the parking lot is full, who would absorb the loss of a frustrated patron driving to another city to shop or eat? Mr. Colantuono replied that when considering this CUP, if the Commission thinks competition for the lot in evening hours poses a sufficiently serious problem that John's Food King would be an obnoxious neighbor if permitted to operate until 10:00 p.m. then the Commission could refuse to grant this permit; the Commission would have a basis to believe it's not a compatible use. If the Commission judges that allowing the market to operate until 10:00 p.m. will not make it an obnoxious neighbor that finding has no direct legal consequence for the previously-issued Variance and CUP. . Chairman Fife said he could not make a finding either way because the situation has not been tested. Mr. Colantuono said a practical way to see that overlap would be to grant this CUP, being conscious of its power to schedule the CUP for revocation or modification if subsequent events demonstrate that's necessary. Chairman Fife suggested instituting a time period for subsequent review. Chairman Sharp asked for a definition of "obnoxious neighbor". Mr. Colantuono read from the ~, saying a use must be compatible with surrounding uses and not detrimental to the neighborhood. An obnoxious neighbor would be an incompatible land use. Discussing intensification of uses, Chairman Fife, referenced the recent appeal re the SeaSide Grill, said the City Council voted to require an Initial Study for any intensification of use and asked if that was only for establishments selling on-sale liquor? Mr. Whittenberg said no, that was only for an intensification of use of any business on Main Street. SeaSide Grill was asking for the right to extend its hours past those hours the City had previously approved. . Mr. Whittenberg explained John's Food King is not an intensification of use. John's Food King technically, without a CUP, could stay open from 6:00 a.m. to 2:00 a.m. and that would not be an intensification of use because those are his current rights, although he may not be exercising those rights. The market does not have any specified hours of operation, it could remain open from 6:00 a.m. to 2:00 a.m. without City approval. The applicant is here because the City passed Ordinance No. 1348. The Minutes of March 15, 1989 said the market closed at 7:00 p.m. and that may have been true at that time but not true always. Until 1991, 24-hour businesses were allowed by right any place in . . . Page 10 - PIaDniDc CclmmissiOll Minutes of January 20, 1993 the City. In 1991 the municipal Code was changed to require businesses staying open between 2:00 a.m. - 6:00 a.m. to obtain a CUP. By placing John's Food King under a CUP, the City has the right to restrict the hours to something less than 6:00 a.m. to 2:00 a.m., based on concerns for compatibility with surrounding land uses, both residential and commercial. Chairman Fife said he had difficulty believing that if the market's hours are expanded that will not impact the parking to nearby residential properties. Mr. Colantuono said he could be right but that's not the proposal. This CUP is not what could happen, what's proposed is a change in the rights. And the change in the rights is down not up. Presently the market has the right to operate twenty (20) hours per day and the Commission could suggest he be restricted to a narrower range. The difference is between how he actually operates his business and what his rights are. Chairman Fife asked why the market's ABC license had no restrictions placed on it? Mr. Whittenberg said ABC has been more stringent in imposing conditions for on-sale businesses than for off-premise businesses. Secondly, the newer establishments are more likely to have restrictions. . Chairman Fife requested Resolution #92-62 for CUP #92-20 be changed at Section 4(b) to read "It has an existing unrestricted ABC license, and currently chooses to operate during these hours ...". Ron Sesler * 1500 Block of Ocean Avenue. Seal Beach Mr. Sesler spoke in favor of this application, saying he buys fresh produce and meat for his restaurant at John's Food King and feels the market is a service to the community. The parking lot has ample parking, there is no parking problem. Minimizing the market's hours would be detrimental to the community. Mr. Sesler said in most cases most of the businesses don't have enough customers and the merchants are looking for customers to come to and support their businesses. Chairman Fife questioned the appearing and disappearing parking problems in Seal Beach. He indicated that when SeaSide Grill wanted to stay open an hour there was a big parking problem in Seal Beach, but when there's a question of expanding a non- conforming residential problem, there is no parking problem. He asked what days of the week do we have a parking problem? Why does it show up for commercial uses and disappear for residential uses? If there is a parking problem, why is it suddenly disappearing in connection with this application? He said he didn't believe there's a parking problem on Main Street but there seems to be a lot of people who think there is. Mitzie Morton * (No Address Givenl. Seal Beach Mrs. Morton said the parking problems are in the summer and that's where the overlapping would occur. She approved of the 10:00 p.m. closing time because the . . . Pace 11 - PI8DniDc COIIIIIIMlioa Minufllll of Janwuy 20, 1993 market has not been a problem and that time conforms to other restaurants who close at 10:00 p.m. Rebuttal Mr. Davis said the market has enjoyed two-thirds of the parking spaces in the lot since they have been in business. Their monthly payment entitles them to use of the lot 24- hours a day, seven days a week. By not granting his request, he would wind up paying the majority of the rent on a parking lot which Mr. Tahvildari has the privilege of using. He stated he would be willing to accept a review period. He hoped his review would come in conjunction with Papillon's review. Chairman Fife asked Mr. Davis why he was choosing to restrict his hours of operation since he could operate 24-hours a day? Chairman Fife cautioned Mr. Davis that he could run headlong into an intensification of use argument. His choice to close was his own business. Mr. Davis said his initial request was for hours from 6:00 a.m. to 2:00 a.m. to coincide with the restrictions on his ABC license, which are zero. He compromised to a 10:00 p.m. closing to not throw any more fuel on the rrre. He would like the right to stay open to 10:00 p.m. to meet the needs of his consumers. Mr. Fife said that based on what he has heard tonight he is prepared to vote for a twelve month extension for the market to operate from 6:00 a.m. to 2:00 a.m. Once the Commission locks the market into a 10:00 p.m. closing, an EIR would be required to gain additional hours. Commissioner Sharp said that because of the attitude and things that were said at the prior Commission meeting, this item was postponed and Mr. Davis changed his request. Mr. Whittenberg said staffs interpretation of the Code is that if a business has not been previously exercising his right to operate between the hours of 2:00 a.m. and 6:00 a.m., that he does not have the right to operate those hours without the approval of a CUP. For any business currently operating not between 2:00 a.m. - 6:00 a.m. they do not have the right to begin doing that now. Chairman Fife said he would like to see the market and the restaurant succeed, he has observed the parking lot and talked to Mr. Tahvildari and from what he can tell there is no problem. If a conflict were to develop it could be resolved when it does develop. Mr. Davis amended his request, returning to his initial request, for operating hours from 6:00 a.m. to 2:00 a.m. daily. Commissioner Dahlman asked Mrs. Morton if that would change her testimony? Mrs. Morton said she would have no objection. Chairman Fife closed the Public Hearing. . . . Page 12 - PIaIuIiJJB Commilllion Minufc8 of January 20, 1993 MOTION by Sharp; SECOND by Dahlman to approve Conditional Use Permit #92- 20 through the adoption of Resolution No. 92-62 with conditions, and (1) to revise the hours of operation from 6:00 a.m. to 2:00 a.m. daily and (2) that there be a review period of CUP #92-20 which is to coincide with a review of CUP #92- 13/Papillon's restaurant. This review period must be after the ~nnmerlllCXdm have passed. MOTION CARRIED: AYES: 4-0-0 Sharp, Dahlman, Law, Fife *** 7. CONDmONAL USE PERMIT #92-26 3001 OLD RANCH PARKWAY TORTILLA BEACH MEXICAN GRILL Staff Rqx>rt Ms. Fillmann presented the staff report. [Staff report on file in the Planning Department]. The applicant, Cary Hardwick, requests Planning Commission review and approval for on-sale general liquor service in conjunction with a new restaurant. Staff recommended approval subject to conditions. Commission Comments Commissioner Dahlman asked what the currently approved hours for Spaghettini's restaurant are? Spaghettini's hours are: Monday - Thursday Friday & Saturday Sunday 11:00 a.m. to 10:00 p.m. 11:00 a.m. to 11:00 p.m. 11:00 a.m. to 9:00 p.m. Public Hearing Lori Neuse * 6033 Loynes Drive. Long Beach Ms. Neuse introduced herself as Cary Hardwick's partner and one owner of Tortilla Beach. She stated they wanted to be open to at least 11:00 p.m. but did not want to exceed that hour. There will be no Sunday champagne brunch. Ms. Neuse had not reviewed the conditions of approval, noting Cary Hardwick may have. Mr. Hardwick was not present as he was called out of town on business. . . . Pace 13 - J>IlumiDa Commi..ioa Minutes of Janwuy 20, 1993 MOTION by Dahlman; SECOND by Fife to allow Ms. Neuse time to read the conditions and meanwhile consider Resolutions #93-3 and #93-6. MOTION CARRIED: A YES: 4-0-0 Dahlman,FKe,Sharp,Law 5. Continued ... Adoption of Resolutions Regarding Mr. Overeem's request to build to twenty (20') feet for a storage loft, Mr. Whittenberg explained the applicant came in with this request after the Planning Commission closed the Public Hearing on this matter. Staff recommends the Commission consider the resolutions before it tonight with a recommended height of fifteen (15') feet. If the applicant wants to increase the height he can file an appeal to the Council or submit a revised application for a new Public Hearing. There were no questions to Mr. Colantuono re his modifications. MOTION by Sharp; SECOND by Law to approve Resolution #93-3, with the City Attorney's modifications, for Variance #92-2. MOTION CARRIED: A YES: 4-0-0 Sharp, Law, Fife, Dahlman MOTION by Sharp; SECOND by Law to approve Resolution #93-6, with the City Attorney's modifications, for CUP #92-12 and Negative Declaration #92-5. MOTION CARRIED: A YES: 4-0-0 Sharp, Law, Fife, Dahlman *** 7. Continued... CUP #92-26 Ms. Neuse said she had no problem with the conditions. MOTION by Sharp; SECOND by Law to approve Conditional Use Permit #92-26, through the adoption of Resolution #93-7, with conditions. MOTION CARRIED: AYES: 4-0-0 Sharp, Law, Fife, Dahlman *** . . . PlIge14 - J>IauniDc CommiBaioo Minutes of Juuary 20, 1993 ORAL COMMUNICATIONS There were no oral communications. STAFF CONCERNS Mr. Whittenberg stated that staff had provided the Commissioners with information re the League of California Cities Planning Commissioner Conference In Monterey, CA on March 10- 12th. He said the City has no funds to pay for the Commission to attend but staff is willing to make the arrangements. COMMISSION CONCERNS Brick Wall Commissioner Sharp asked the status of the leaning brick wall at Seal Beach Blvd. Mr. Whittenberg said this matter has been referred to the City's liability attorney and he will look at the site next week and then respond to staff. Tour/Naval Weapons Station Commissioner Sharp said he had toured the ammunition depot and the facilities at the Naval Weapons Station. He urged anyone who could to take this tour. Tour of Bixby Area Mr. Whittenberg said he met with Lt. Co!. Ghormley, of the Armed Forces Reserve Center in Los Alamitos. They are planning a helicopter tour of that facility for the Planning Commission in late February or early March. This is in conjunction with the consideration of the Bixby proposals for the golf course property. Those hearings will be held in April or May 1993. Provide Minutes for Resolutions Commissioner Dahlman said he prefers having the Minutes of the Public Hearing available when the resolutions are ready for signature. Seeing the previous Minutes would allow the Planning Commissioner's to see if the resolution adequately reflects all of the changes made in the process of the Public Hearing. . . . Page 15 - PImniIrc Commission Minufc8 of 1anuary 20, 1993 ADJOURNMENT Chairman Fife adjourned the meeting at 9:45 p.m. Respectfully Submitted, ~o~~~ Joan Fillmann, Recording Secretary NOTE: These Minutes are tentative until approved by the Planning Commission. APPROVAL: The Planning Commission Minutes of January 20, 199~.wfre approved by the Planning Commission on February /1-, 1993. ~