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HomeMy WebLinkAboutPC Min 1996-12-18 " . . . , CITY OF SEAL BEACH PLANNING CO:Ml\flSSION AGENDA for DECE:MBER 18 , 1996 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA 1996 Next Resolution: #96-40 I. II. ill. PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the agenda; (b) Rearrange the order of the agenda; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. N. ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Planning Commission, provided that NO action or discussion may be undertaken by the Planning Commission unless otherwise authorized by law. V. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning Commi:>>sion, staff or the public requests that a specific item be removed from Consent Calendar for separate action. 1. Approve Planning Commission Minutes of November 6, 1996. 2. Receive and File: City Attorney Office memo dated November 26, 1996, "Proposition 208 - Prohibition on Campaign Contributions". VI. SCHEDULED MA TIERS 3. Approve Resolution No. 96-40, re Planning Commission Determination on a Personal Training Facility at 1600 Pacific Coast Highway. The City of Seal Beach complies with the Amea-icans With Disabilities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Office at lease 48 hours in advance of this meeting. .f . . . Page 2 - City of Seal Beach Planning Commission Agenda for December 18, 1996 VIT. PUBLIC HEARINGS 4. Conditional Use Permit 94-8 Address: 327 Main Street Business: Nip 'n Stuff Liquor Applicant: John Baker Property Owner: Richard Harbour Request: Approve an indefinite extension of an alcohol-related land use entitlement. Recommendation: Approve, subject to any Conditions of Approval, through the adoption of Resolution No. 96- _. 5. Conditional Use Permit 96-3 Address: 1600 Pacific Coast Highway Business: Mitchell Plaza Applicant: Dick Mitchell Property Owner: Dick Mitchell Request: Permission to allow the proposed tenan ~ to operate between the hours of 5:30 a.m. and 10.30 p.m. The zoning code requires a CUP be issued if business is conducted prior to 7:00 a.m. and after 10:00 p.m. Recommendation: Approve, subject to any conditions of approval, through the adoption of Resolution. 96-_. 6. Variance 96-2 Address: Applicant: Property Owner: Request: 1619 Seal Way Sonya Branson Sonya Branson Approval to remodel the interior of an existing single family residence and the addition of 695 square feet Approve subject to any conditions of approval through the adoption of Resolution No. 96-_. Recommendation: vm. STAFF CONCERNS IX. COMMISSION CONCERNS x. ADJOURNMENT ~he City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Office at lease 48 hours in advance of this meeting. ~ . . Page 3 - City o~ Seal Beach Planning Commission Agenda ~or November 6, 1996 . 1997 AGENDA FORECAST IAN 08 . Commissioner Hood in Greece all month. . CUP 96-4:236 5th St/ Addition to residence, a new 4-car garage w/new 2-bedroom, I-bath unit over garage. . ZTA 96-8: Seal Beach Trailer Park - Requirement for 20' minimum setback. [Continued from 10-9-96]. . TENTATIVE: FPPC Ruling on Leisure World issues, Le., medical building. ZTA 96-7: Consider municipal Code amendments requiring a *" raceway from an electrical services panel for charging electric vehicles in all new residential barages. IAN 22 FEB 05 FEB 19 MAR 05 MAR 19 APR 09 APR 23 MAY 07 MAY 21 . JUN 04 JUN 18 JUL 09 AUG 06 AUG 20 SEP 03 SEP 17 OCT 08 OCT 22 NOV 04 NOV 18 DEC 02 DEC 16 . TENTATIVE: Hellman Ranch application Election of Chairman & Vice Chairman CUP 96-1: Review at 12 months of Seal Beach Market. . CUP 94-4: 770 PCH/Burger King - Indefinite Extension . The City of Seal Beach complies with the Americans With Disabilities A~~ of 1990. If you need assistance to attend this meeting, please telephone the ~~ty Clerk's Office at lease 48 hours in advance of this meeting. . . . .. CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF DECEMBER 18, 1996 The regularly scheduled Planning Commission meeting began at 7:30 p.m. in City Council Chambers with the Salute to the Flag. Roll Call Present: Chairman Brown Commissioners Law, Yost, Sharp, Hood Also Present: Development Services Department Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Associate Planner Joan Fillmann, Secretary AGENDA APPROVAL MOTION by Yost; SECOND by ~aw to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 5-0-0 Law, Yost, Sharp, Hood, Brown ORALCO~CATIONS There were no persons wishing to speak. The Chair closed oral communications. CONSENT CALENDAR MOTION by Yost; SECOND by Law to approve the Consent Calendar, nothing that Commissioner Yosts's vote indicates his abstention on approving the Minutes from November 6, 1996. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 5-0 Law, Yost, Brown, Sharp, Hood Yost (as to Minutes of November 6, 1996) 1. Approve Planning Commission Minutes of November 6, 1996. C:\My Documents\12-18-96.pc minutes.doc\JF\O 1-02-97 City of Seal Beach Planning Commission Minutes December 18,1996 . 2. Receive and File: City Attorney Office memo dated November 26, 1996, Proposition 208 - Prohibition on Campaign Contributions". SCHEDULED MATTERS MOTION by Sharp; SECOND by Yost to approve: 3. Resolution No. 96-39, re Planning Commission Determination on a Personal Training Facility at 1600 Pacific Coast Highway MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 5 -0-0 Sharp, Yost, Law, Hood, Brown ORAL COMMUNICATIONS (Continued) The Commission decided ~o reopen Oral Communications to receive comments. . Mark Soukup * 16th Street. Seal Beach Mr. Soukup asked the Commission to look into what Southern California Edison (SCE) has done on 16dl Street, Seal Beach. They attached a street lamp near Pacific Coast Highway and 16th Street where they were accommodating a project there. Now, there's a power line/cable running down the middle of the street. He wondered if SCE would underground this cable? Mr. Whittenberg said he would research this and report back. Dick Mitchell * 110 Central Avenue. Seal Beach Mr. Mitchell, developer of the Mitchell Plaza project at 1600 Pacific Coast Highway, addressed Mr. Soukup's concerns. He said he supports undergrounding the cable on 16th Street and will see what he can do to facilitate the undergrounding. Chairman Brown said he had heard utilities would be undergrounded throughout the City and asked staff how that would be accomplished? Mr. Whittenberg said SCE is required to set aside a certain amount of money annually to cities in their service district for undergrounding existing utilities. A city will accumulate funds for six to eight years and then it begins to underground utilities one street at a time. Those funds are budgeted through the City's Public Works Department and he did not know what their future program is. Mr. Whittenberg will research this and furnish a report to the Commission on this. Chairman Brown asked him to please do this. Commissioner Yost asked if there was any information on new developments and undergrounding? Mr. Whittenberg explained that any new development is required to . underground their utilities. Commissioner Yost asked why then the Mitchell Plaza utilities 12-18-96.pc minutes. doc 2 City of Seal Beach Planning Commission Minl/tes December 18,1996 . were not undergrounded at the time it was built as it is a new facility? Mr. Whittenberg guessed it is a temporary connection and it slipped through the cracks somehow. PUBLIC HEARINGS 4. Conditional Use Permit 94-8 Address: Business: Applicant: Property Owner: 327 Main Street Nip 'n Stuff Liquor John Baker Richard Harbour Staff Report Mr. Curtis delivered the staffreport. Conditional Use Permit (CUP) 94-8 is for an indefinite extension of an alcohol-related land use entitlement for Nip 'n Stuff Liquor at 327 Main Street. John Baker is the applicant. This is the fourth review for Nip 'n Stuff Liquor since the business relocated across Main Street. Since the last Planning Commission review the City has not received any complaints or comments regarding the application. . Commission Ouestions on Staff Report The Commission had no questions or comments. Public Hearing The applicant was present but did not wish to speak. There were no other persons in the audience wishing to speak for or against the application and the Chairman closed the Public Hearing segment. Planning Commission Comments MOTION by Sharp; SECOND by Law to approve Resolution No. 96-40, thereby approving CUP 94-8 for an indefinite extension at 327 Main Street, subject to the twenty (20) Conditions of Approval as presented in the Staff Report. Before the vote, Commissioner Yost asked if the hours of 6:00 a.m. to 2:00 a.m. were standard hours for all liquor-selling establishments along Main Street? Staff said no, but they were the standard hours for liquor stores. . MOTION CARRIED: AYES: NOES: ABSENT: 5-0-0 Sharp, Law, Yost, Brown, Hood 12-18-96.pc minutes. doc 3 City of Seal Beach Planning CommissIOn Minutes December 18, 1996 . ABSTAIN: Appeal Period Mr. Steele advised everyone that the Planning Commission's action is final tonight and the ten calendar-day appeal period begins to run tomorrow. 5. Conditional Use Permit 96-3 Address: Business: Applicant: Property Owner: 1600 Pacific Coast Highway Mitchell Plaza Dick Mitchell Dick Mitchell . Staff Report Mr. Curtis delivered the staff report (Staff Report on file at the Planning Department). The applicant and property owner, Dick Mitchell, requested permission to allow a proposed tenant at 1600 Pacific Coast Highway to operate between the hours of 6:00 a.m. and 10:30 p.m. The requested hours are in excess of the hours allowed by right in a Limited Commercial (L-C) zone. The current zoning code requires a CUP be issued if a business is conducted prior to 7:00 a.m. and after 10:00 p.m. The application was originally to open at 5:30 a.m. It was subsequently amended by the applicant to 6:00 a.m. to keep in line with the rest of the businesses opening hours on Pacific Coast Highway. The tenant proposes to operate a personal training facility at 1600 Pacific Coast Highway. This issue was heard by the Planning Commission at their last meeting. They found the use was consistent with L-C uses if strictly conditioned. When the L-C zone was established in the 1990's the City placed restricted hours on commercial uses specifically because it's a mixed use zone, allowing residential and commercial uses on the same property. The limited hours attempted to ensure compatibility. Staff considered adding an additional condition to the Conditions of Approval which would have prevented amplified music in the personal training facility. Staff decided instead to provide a condition requiring them to abide by the City's noise, regulations. Stafffelt that if some music was provided on site and it met the City's noise standards that would be adequate mitigation. Staffis recommending a twelve months review. . Staff received letters in opposition to this application from Craig Gibson of 16th Street, Jayne Kaplan and LeifReich of 1620 Emerald Cove Way, Diana and Ken King of 1630 Emerald Cove Way and Michael Portland (signature unclear) of 1610 Emerald Cove Way. Staff received one letter from Jim Klisanin in favor of the application. All 12-18-96.pc minutes.doc 4 City of Seal Beach Planning Commission Minutes December 18,1996 . Commissioners received copies of each letter. Staff explained the letters expressed concerns with the prior Rum Runner facility at the same location. They provided staff with a listing of complaint letters and police logs of those complaints. Their specific complaints were worries about noise. Customers may arrive a half hour before opening and stay a half hour after closing and make noise while in the parking lot. They were also concerned with loud music. Commission Comments on Staff Report Noise Measurements Commissioner Hood asked staff if they had a decibel rating for Pacific Coast Highway and its background noise at this location? And did staff have an incremental decibel rating caused by this proposed music? Mr. Curtis said he thought an acoustic study was done with the proposed application but it was not with him. The background decibels were in the area of 60 - 65 db and varied by time of day. He was not sure of the decibel ratings for the proposed hours. Mr. Whittenberg said the intent of the City's proposed condition to comply with the City's noise ordinance. This requires the noise level not exceed a certain decibel at the property, . Commissioner Hood said he felt specific decibel measurements would allay fears. Mr. Whittenberg said "I don't think anybody can give you an absolute guarantee that activities going on inside the building mayor may not exceed the City's noise standards. If we get a complaint that people are hearing noise from that business, staff will go out and measure the noise. They will then be told they must do something to modify their operations to meet our requirements". Commissioner Hood said that would be crisis management. It would be wiser to have the noise measured in advance. Mr. Whittenberg said the issue being dealt with depends on how loud a particular activity is inside the building at anyone time. If windows are left open that will increase the noise outside. Staff can't measure noise now because people aren't using the facility now. Mr. Curtis said this is why he suggested a shorter review period. This would guarantee the residents that they would have another hearing in a shorter time period. L-C vs C-2 Zoning Commissioner Yost noted this was an L-C zone and asked if this applicant wishes to apply C-2 standards? . 12-18-96.pc minutes.doc 5 City of Seal Beach Planning Commission Minutes December 18, 1996 . Mr. Curtis said no. The property was zone C-2 a few years ago and was rezoned by this applicant to allay concerns about a restaurant going onto this property with this project. The developer is seeking to use it as an L-C use which allows extended hours through a CUP. Public Hearing Dave Bartlett Mr. Bartlett explained he has been involved in building Mitchell Plaza. He is now working with the applicant and the property owner to clear up some concerns regarding the hours of operation. Addressing the noise issues, he said there will be no music and therefore, there will be no amplified music. It is not a health club, there are no aerobic classes, it's not a gymnasium. The outdoor decibel level in that area is about 75db. The builder was required to sound attenuate the commercial buildings to allow for 45db or lower on the interior. That was done through state of the art construction and dual pane glass windows. This has been documented in a noise study which is on file with the City. . Regarding operations, two to four clients at one time with a person trainer is a situation where middle-aged professional people going in and paying $40 per hour to get private consultation and personal fitness. Windows will be closed during extended hours as there is mechanical ventilation. "Even if there is loud music, I wouldn't anticipate there would be a problem". The extra morning hour is essential because it allows working people chance to have their session prior to going to work. The half hour in the evening is not as essential, though it is important. The L-C zone was established to allow commercial uses and residential uses to occur in the same structure on Seal Beach Blvd. This is not the case on Pacific Coast Highway with Mitchell Plaza. When built, we asked for L-C zoning because there were grave neighborhood feelings about C-2 uses on the property. The L-C zoning is appropriate but some of the restrictions are more appropriate for the mixed use component when you have residential. The buildings were designed to have the parking in the front and it allows more distance between residential uses and Pacific Coast Highway. It allows the buildings themselves to act as sound attenuation. Regarding staff's comment on the twelve months review period, there is a five year lease pending on this property. If there are any problems those could be handled through a municipal Code enforcement action. On behalf of the applicant and property owner. he asked for the review at twelve months to remain in effect and not to have a shorter review time. Dick Mitchell * 110 Central Avenue. Seal Beach Mr. Mitchell, property owner, said he feels strongly about this particular use. The project is neighborhood-oriented. He felt this use would fit with some of the proposed uses being considered at this time. The following persons spoke in favor of the application: . David Rosenman * 8th Street. Seal Beach 12-18-96.pc minutes.doc 6 City of Sea I Beach Planning Commission Mlillites December 18, 1996 . Mr. Rosenman said that while he did not have a problem with this use the Commission may want to consider lessening the review period. He said there is a tenant on this property who has repetitively parked a large pickup truck, with a lot of garish advertising, on the site. This truck, parked in front of this property, ruins whatever attempt to improve the vista of Pacific Coast Highway. It's not in keeping with the spirit of the L-C zone. He wondered if it would be worthwhile to add another condition to the approvals which says there shall be no vehicles parked on Pacific Coast Highway other than cars visiting this property or one that outlaws advertising trucks. Although he has talked to Planning Department staff, they say they are looking into the advertising truck and yet the situation continues. Mr. Whittenberg said that vehicles parked along Pacific Coast Highway are subject to the vehicle code and the City Planning Commission has no authority over those State regulations. The City could adopt provisions the size of vehicles which can park along Pacific Coast Highway but it can't be done differently for each block. The City Engineer's Office would deal with this issue. Chairman Brown asked about the mobile advertising vans? Mr. Whittenberg said that that's a vehicle which is licensed by the State of California. . Commissioner Yost asked what the City could do if each business were to get a bigger and bigger advertising van? Mr. Whittenberg said perhaps the vehicle code would be changed if there were enough of that type thing going on. He said that what happens on a public street has no connection to the Planning Commission. The Commission only has authority from the private property line back onto the property; nothing on the sidewalk or the street. If the same truck were parked on the site's parking lot? Mr. Whittenberg said the Commission would have no authority over that vehicle as long as it's legally licensed. Commissioner Yost asked if there were regulations allowing a time limit for a vehicle to be parked on the street? Mr. Whittenberg said a vehicle must be moved every 72 hours. There are also regulations on parking in the front setback of residential properties but not in a commercial parking lot. Mark Soukup * 16th Street. Seal Beach Mr. Soukup talked about the vehicle Mr. Rosenman mentioned, saying it is testing the envelope with respect to advertising and pushing the envelope by the fact it's a tenant who's parking in front of the structure. "It's very obnoxious". There is a safety issue involved because it's a large vehicle and it restricts vision. . Regarding the L-C zone and this proposed use, the concerns he ascertained from the community were that it will become a health club. Having two to four clients at one time would be all right as long as the business doesn't grow to adding physical therapists or private masseuses. That could easily use up the seven parking spaces allocated for the 12-18-96.pc minutes.doc 7 City ofSI'al Beach Pla1l1li1lg Commissio1l Millutes December 18, 1996 . business. He felt that over the five year lease term the growth of this business could negatively impact the parking. This may not be the best building for this business. He didn't think the noise would be a problem. Tim Snee * Owner of Proposed Fitness Center Mr. Snee said this business has been designed for a specific clientele and will not be a fitness center located adjacent to private residences. The business will not have more than four people at a time because"... they wouldn't pay for that kind of an environment". Their clients would be the kind of people who would utilize the Complexions business down the street; probably middle-aged women. "There will be music of course but these are the type of people who don't want loud, banging music. The place will be fully carpeted ... a lot of things are being done to make this a very peaceful, pleasant environment for our people to work out in ...". . Fred Shapour * Business Manager Mr. Shapour said there is no age to starting fitness. He said the business will run by appointments. The business will not open unless someone has an appointment. At all times a person will have a personal trainer with them. The concern of people hanging around the parking lot will not happen because each client will have a personal trainer with them at all times. He said he would love to have music and he would encourage his clients to bring music which makes them feel good. The idea is to make the client physically improve their health and to go to work with an uplifted mind and a positive attitude. Music while you exercise provides this. He has found that people like to work out at 5:00 a.m. as it allows them time to work out and shower prior to work. Regarding massage and physical therapy, he would like to offer these things as the business grows. His concern is providing as many healthy options to people as possible. Sarah Fuller * 16th Street. Seal Beach Ms. Fuller talked about the advertising truck parked along Pacific Coast Highway, saying she cannot see the northbound traffic because of it. Ms. Fuller spoke against this application, saying she did not think there has been a substantial change in the area since the project went up. Therefore, there is no reason to justify a change by the Planning Commission. If it was commercially feasible for the builder then, whatever was agreed to then should be commercially feasible at this time. She emphasized the differences in the areas adjacent to this site, noting the area around 16th Street is very different than the area at Seal Beach Boulevard and Pacific Coast Highway --- they don't have residential properties abutting them. . Ms. Fuller didn't think a few clients paying $40 per hour could support this business. Seven parking spaces would not be sufficient. People will park on 16th Street at all hours of the day, starting early in the morning. They will slam their doors. This will stop about 10:30 p.m. She wondered exactly how many professionals will be working one-on-one with their clients? She noted the manager has indicated he would like to have other uses 12-18-96.pc minutes. doc 8 City of Seal Beach Planning Commission Minutes December 18,1996 . there. She asked what was truly the difference between "personal fitness" and an "exercise club". She asked how substantial were the differences except in verbiage? She hoped something could be worked out to where the business could come in but within the current constraints. Mark Soukup * Seal Beach Mr. Soukup asked if the manager made a Freudian slip --- as he mentioned opening at 5:00 a.m., 5:30 a.m. and music --- with 5:00 a.m. being mentioned several times. With the enthusiasm this manager has if someone wants to show up at 5:00 a.m. he may accommodate them. He felt Ms. Fuller's comments were correct --- the economic character of the area has not changed. If a business wants to enter this location it should meet the intended, original use and should be economically viable at that point. With that in mind, seven parking spots and at $40 per hour for middle-aged women who possibly aren't working would not make it a very convincing argument to open early. . Dave Bartlett Mr. Bartlett rebutted by saying the personal fitness business will be on the second story of the building on the 16th Street side. They are allowed by right to have seven of the 14 parking spots per building. Although there is a common parking arrangement between the three buildings. This analysis was done back when the property was rezoned. The site does not need a parking problem and they will not allow one business to create such a problem. This request is for 6:00 a.m. and not for 5:00 a.m. or 5:30 a.m. The extra time in the morning appears essential. It will be a quite, low intense, low key use. He thought there may be some misunderstanding that this may be a health club and it is not. Mr. Curtis answered various comments. One person asked the size of the facility and it's 1700 square feet. One concern was about the possibility of expansion. But through the CUP it's been honed to not exceed 1700 square feet and be only for a personal training facility and that not more than 20 pieces of equipment be allowed. New Public Hearings would be required if changes were sought. They are not seeking something above and beyond the original approval because the L-C zone allows expanded hours through an approved CUP. Mr. Steele said the Commission adopted a resolution earlier this evening which dealt with compatibility. The Commission dealt with the issue of compatibility at an earlier meeting by imposing a maximum of 1700 square feet on this particular use. . Chairman Brown discussed the issue of amplified music, asking if the business could have some music inside? Mr. Whittenberg rephrased the statement, asking if the Chair was asking to have amplified music inside the building but which is not heard from the exterior property line? The Chair said that appears to be the concern of many residents. Commissioner Sharp said the noise ordinance should take care of the noise matter. Mr. Whittenberg said the construction standards on the building create a differential from the interior versus exterior noise levels --- a 20 db reduction. That means that inside the 12-18-96.pc minutes.doc 9 City o/Seal Beach Planning Commission Minutes December 18, 1996 . building they could play music at 85 db level and outside it would be heard at 65 db outside the building --- which the City's code allows. Commissioner Law said she didn't like the idea of amplified music inside the building because when the doors were opened to enter or leave that music would be heard outside. She thought a Walkman would be better. There being no further comments the Chair closed the Public Hearing. Commission Comments Commissioner Yost said he did not attend the last meeting but did read the Minutes carefully. His review showed a difficult time finding a way to put this particular use into the existing rules and regulations. The argument appeared to be that this use is different from a gym and/or a health club with are excluded. Now, this is another CUP to extend the hours beyond what the L-C would allow by right. Chairman Brown said the Code doesn't define "personal training facility" and the question is this closer to a health club or closer to a dance studio which is allowed? . Commissioner Hood said he has heard a lot of arguments for and against but thinking about growth he was not sure how many people are going to pay $40 per hour at 6:00 a.m. to exercise. He was not sure the parking would be at great demand at 6:00 a.m. so didn't think there would be a problem. "And as far as the oft quoted middle-aged clientele is concerned, I think the loudest noises you're going to hear are the groans of agony and the popping of joints". He discussed the nature of Seal Beach and at Pacific Coast Highway and felt this is one of the most benign uses. He didn't see much to complain about and he would be in favor of the CUP. Commissioner Sharp said he was in favor of this CUP being approved. Commissioner Yost said he still had concerns about the L-C zoning and that there has been difficult in getting this to fit. He did feel thought that this would be a great use for the site and agreed with Commissioner Hood that this is one of the most benign uses. He would like to see them show themselves to be good neighbors prior to extending the hours. He would like to see the extended hours issue discussed at a later time. Commissioner Sharp said the Commission has already voted that this is a compatible use. Commissioner Yost agreed. . Chairman Brown, referring to former Chairman Dahlman, said when looking at projects if we can't make things better at least not make them worse. He thought this project was an improvement to the area. The noise from Pacific Coast Highway should be quite a bit lessened since this project was built. He shared Commissioner Hood's concerns on the 12-18-96.pc minutes.doc 10 City of Seal Beach Planning Commission Minutes December 18, 1996 . viability of this business. He was most concerned with the extra half hour at night, thinking that would most interfere with people. He would like to see a six months review period at which time the hours would be extended. The potential of business creep is a concern, and the review period allows that creep to be caught early in the process. Chairman Brown further stated the noise attenuation is a good point, and he would favor opening at 6:00 AM, but closing at 10:00 PM. MOTION by Hood; SECOND by Law to approve Resolution No. 96-41, thereby approving CUP 96-3 for operating hours of 6:00 AM to 10:00 PM, with a six-month review period, amending conditions 1 and 13, and subject to all other conditions proposed in the Staff Report at 1600 Pacific Coast Highway. Before the vote, Commissioner Sharp indicated that this is a new business, it may not be well enough established in six months to allow an adequate review, and preferred a twelve month review. Chairman Brown indicated the business can operate without coming to the City, and the only item the Commission would be reviewing is the additional operating hour in the morning, and if enough information is not available at the six month review, the Commission could schedule an additional six month review. Commissioner Yost indicated several of the letters raise valid concerns and he would favor the six month review. . MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 5-0-0 Sharp, Law, Yost, Brown, Hood Appeal Period Mr. Steele advised everyone that the Planning Commission's action is final tonight and the ten calendar-day appeal period begins to run tomorrow. 6. Variance 96-2 Address: Applicant: Property Owner: 1619 Seal Way Sonya Branson Sonya Branson . Staff Report Mr. Curtis delivered the staff report (Staff Report on file at the Planning Department). The request is to allow an addition to a single family residence which does not currently provide any off-street parking. The property is irregular in shape, having only seven feet of access from the alley. Mr. Curtis indicated the City received a phone call from Ralph 12-18-96. pc minutes.doc 11 City of Seal Beach Planning Commission Mjnutes December 18,1996 . Hanson, owner of the adjacent property, indicating agreement with the request as long as a planter is removed from his property. Mr. Curtis indicated staff is recommending an additional condition that the property be surveyed prior to issuance of a building permit. In addition, the City received a written letter from James and Peter Arnold, expressing support for th~ request. Mr. Curtis reviewed the request, indicating the proposal is to add approximately 240 square feet to the first floor and 475 square feet to the second floor, removing an exterior staircase to the second floor. Staff has had code enforcement concerns into the past due the conversion of the property into an illegal duplex, made easier by the existence of the exterior staircase. Due to the seven foot width at the rear of the property, and that the alley is only twelve feet wide, the City has previously indicated to the property owner that the City would not issue a permit for a garage or carport on the property for liability reasons, and a copy of the letter is attached to the Staff Report. The proposed addition would basically build out the property, and the removal of the exterior staircase solves a code enforcement concern of the City. Staff is recommending approval for the reasons stated in the Staff Report, subject to the five conditions proposed in the Staff Report. . Chairman Brown inquired in relation to Condition 2 what is the importance of the first floor wet bar? Mr. Curtis indicated staff will typically include a condition requiring a covenant when a wet bar is proposed, to ensure the wet bar is not converted in the future to a kitchen area. Chairman Brown also noted the request is for a Variance, not a Conditional Use Permit, as noted in Condition 5. In response to a question from Chairman Brown, Mr. Curtis indicated the property does not provide any parking on site, and through the variance process the applicant can request any size of an addition desired. If the property only provided one parking space, the property could add up to an additional 288 square feet. Public Hearing Sonya Branson, 1619 Seal Way, the project applicant, urged approval of the request, indicating she believes it will be an enhancement to the City. There being no other persons desiring to speak, Chairman Brown closed the public hearing. Commission Comments: Commission Law indicated she likes the proposal 'and has no objections. Commissioner Yost favors the removal of the exterior stairway. . MOTION by Hood; SECOND by Yost to approve Resolution No. 96-42 , thereby approving Variance 96-2 subject to all other conditions proposed in the Staff Report at 1619 Seal Way. 12-18-96.pc minutes. doc 12 . -. /. " City olSeal Beach Plm/llil/g Commission Mil/utes Decemher 18, 1996 Before the vote, Mr. Curtis indicated staff will specify in the covenant what is allowable within the wet bar area. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 5-0-0 Sharp, Law, Yost, Brown, Hood Appeal Period Mr. Steele advised everyone that the Planning Commission's action is final tonight and the ten calendar-day appeal period begins to run tomorrow. STAFF CONCERNS Mr. Whittenberg wished the Commission a happy holiday season, as the Commission will not be meeting until January 8, 1997. COMMISSION CONCERNS Commissioner Law wished everyone a happy holiday. Commission Hood indicated he would be present at the Commission meeting of January 22, 1997. ADJOURNMENT There being no objection, Chairman Brown adjourned the meeting at 9:02 PM. Respectfully submitted, 9oOl-)~~,- Joan Fillmann Executive Secretary Department of Development Services APPROVAL: The Planning Commission Minutes of December 18, 1996 were approved by the Planning Commission on January 8, 1997. ~ 12-18-96.pc minutes. doc 13