HomeMy WebLinkAboutPC Min 2008-08-06City of Seal Beach Planning Commission
Agenda for August 6, 2008
7:30 p.m.
PLEDGE OF ALLEGIANCE
I.
ROLL CALL
II.
AGENDA APPROVAL
III.
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange 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.
ELECTION OF VICE-CHAIRPERSON
IV.
ORAL COMMUNICATIONS
V.
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 the Planning Commission may undertake no action or
discussion unless otherwise authorized by law.
CONSENT CALENDAR
VI.
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 Commission,
staff, or the public requests a specific item be removed from the Consent Calendar
for separate action.
1. June 2008 Building Activity Report.
2. Approve Planning Commission Meeting Minutes of July 9, 2008.
3. Receive and File: “Sustainable Community Development Code: A Code for
st
the 21 Century.”
4. Receive and File: City Council Staff Report Re: Approval of Response Letter
Re: Orange County Grand Jury Report, “No County For Old Boomers –
When Orange County Baby Boomers Retire, Where Will They Live?”
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City of Seal Beach Planning Commission • Agenda of August 6, 2008
5. Receive and File: Various Reports and Articles of Interest
“”The Mortgage Lending Crisis Impact on People and Places – Navigating the
Course.”
“Density”
“Climate Change and Energy”
“Understanding Takings”
6. Receive and File: Various Reports and Articles of Interest
“A Resident’s Guide for Creating Safe and Walkable Communities.”
“Mixed-Use – Defining and Describing Mixed-Use.”
SCHEDULED MATTERS
VI.
PUBLIC HEARING
VII.
7. Conditional Use Permit 07-6 ( Indefinite Extension)
12171 Seal Beach Boulevard (California Pizza Kitchen)
Applicant/Owner: Fancher Development/Century National Properties
Request: Indefinite Extension to an existing Conditional Use
Permit for the on-premise sale of beer, wine, and
distilled spirits, and a 480-square foot outdoor dining
area for 44 persons at an existing restaurant located in
the Shops at Rossmoor.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-20.
8. Conditional Use Permit 08-5
st
15 – 1 Street (River’s End Cafe)
Applicant/Owner: Mike Balchin / City of Seal Beach
Request: To extend business hours to 10:00 p.m. daily; to allow
non-amplified live entertainment; and to allow amplified
background music for restaurant patrons.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-16.
9. Conditional Use Permit 08-7
13956 Seal Beach Blvd. (Primrose Cafe)
Applicant/Owner: Farshid Tahvildari / Burnham USA Equities, Inc.
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City of Seal Beach Planning Commission • Agenda of August 6, 2008
Request: To upgrade the existing Type 41 ABC license (on-sale
beer and wine) to a Type 47 ABC license.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-22.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
To meeting of August 20, 2008, at 7:30 P.M.
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City of Seal Beach Planning Commission • Agenda of August 6, 2008
2008 Agenda Forecast
Aug 20
Sep 03
Sep 17
Oct 08
Oct 22
Nov 05
Nov 19
Dec 03
Dec 17
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CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of August 6, 2008
4
5
6
7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, August 6, 2008. The meeting was
1
9 held in the City Council Chambers and began with the Salute to the Flag.
10
ROLL CALL
11
12
13 Present: Chairperson Deaton, Commissioners Bello, DeLay, Eagar, and
14 Massa-Lavitt.
15
16 Also
17 Present: Department of Development Services
18 Lee Whittenberg, Director of Development Services
19 Jerry Olivera, Senior Planner
20 Steve Flower, Assistant City Attorney
21
22 Absent: None
23
24
AGENDA APPROVAL
25
26
27 MOTION by Massa-Lavitt; SECOND by Bello to approve the Agenda as presented.
28
MOTION CARRIED: 5 – 0
29
AYES: Deaton, Bello, DeLay, Eagar, and Massa-Lavitt
30
NOES: None
31
ABSENT: None
32
33
ELECTION OF VICE-CHAIRPERSON
34
35
36 Chairperson Deaton opened for nominations.
37
38 Commissioner Bello nominated Commissioner Massa-Lavitt for Vice-Chairperson of the
39 Planning Commission (PC) and Commissioner DeLay seconded this nomination.
40
41 Chairperson Deaton commented that Commissioner Massa-Lavitt’s experience and
42 expertise in the area of planning would be a great asset to the office of Vice-
43 Chairperson.
44
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These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of August 6, 2008
1 MOTION by Bello; SECOND by DeLay to approve the nomination of Commissioner
2 Massa-Lavitt as Vice-Chairperson of the City of Seal Beach Planning Commission.
3
MOTION CARRIED: 5 – 0
4
AYES: Deaton, Bello, DeLay, Eagar, and Massa-Lavitt
5
NOES: None
6
ABSENT: None
7
8
ORAL COMMUNICATIONS
9
10
11 Chairperson Deaton opened oral communications.
12
13 Seth Eaker, Seal Beach Chamber of Commerce, spoke in favor of the Indefinite
14 Extension of Conditional Use Permit 07-6 for California Pizza Kitchen and for approval
15 of Conditional Use Permit 08-5 for River’s End Café. He then spoke regarding the Seal
16 Beach Center stating that when speaking with several of the business owners within this
17 center, they indicated that there is adequate parking and they have experienced no
18 problems. Mr. Eaker then stated that the Planning Commission (PC) had requested
19 that he investigate to see if the problem with the loading dock at CVS has been
20 resolved, but he has not received a response from CVS or the owner of the laundromat.
21
22 Joyce Parque began to speak on the issue of third stories, but was advised by Mr.
23 Flower that this issue no longer falls within the subject matter jurisdiction of the PC and
24 the Chairperson could determine not to permit Ms. Parque’s comments. Chairperson
25 Deaton stated that she would allow Ms. Parque to comment, but clarified that the only
26 reason Ms. Parque is present tonight is to have her comments televised and not to have
27 the PC take any action tonight. Ms. Parque referred to the public hearing of June 7,
28 2006, and noted that Chairperson Deaton had supported the proposal to limit homes to
29 two stories. Mr. Flower again advised Ms. Parque to speak only on matters that fall
30 within the jurisdiction of the PC. Ms. Parque then proceeded to read from the “Oral
31 Communications” section of the minutes of the Planning Commission meeting of June
32 7, 2006.
33
34 There being no one else wishing to speak, Chairperson Deaton closed oral
35 communications.
36
CONSENT CALENDAR
37
38
39 1. June 2008 Building Activity Report.
40
41 2. Approve Planning Commission Meeting Minutes of July 9, 2008.
42
43 3. Receive and File: “Sustainable Community Development Code: A Code for the
st
44 21 Century.”
45
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City of Seal Beach Planning Commission
Meeting Minutes of August 6, 2008
1 4. Receive and File: City Council Staff Report Re: Approval of Response Letter Re:
2 Orange County Grand Jury Report, “No County For Old Boomers – When Orange
3 County Baby Boomers Retire, Where Will They Live?”
4
5 5. Receive and File: Various Reports and Articles of Interest
6 “”The Mortgage Lending Crisis Impact on People and Places – Navigating the
7 Course.”
8 “Density”
9 “Climate Change and Energy”
10 “Understanding Takings”
11
12 6. Receive and File: Various Reports and Articles of Interest
13 “A Resident’s Guide for Creating Safe and Walkable Communities.”
14 “Mixed-Use – Defining and Describing Mixed-Use.”
15
16 MOTION by Bello; SECOND by DeLay to approve the Consent Calendar as presented.
17
MOTION CARRIED: 5 – 0
18
AYES: Deaton, Bello, DeLay, Eagar, and Massa-Lavitt
19
NOES: None
20
ABSENT: None
21
22
SCHEDULED MATTERS
23
24
25 None.
26
PUBLIC HEARINGS
27
28
29 7. Conditional Use Permit 07-6 ( Indefinite Extension)
30 12171 Seal Beach Boulevard (California Pizza Kitchen)
31
32 Applicant/Owner: Fancher Development/Century National Properties
33
34 Request: Indefinite Extension to an existing Conditional Use Permit for
35 the on-premise sale of beer, wine, and distilled spirits, and a
36 480-square foot outdoor dining area for 44 persons at an
37 existing restaurant located in the Shops at Rossmoor.
38
39 Recommendation: Approval, subject to conditions, and adoption of Resolution
40 08-20.
41 Staff Report
42
43 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
44 He provided some background information on this item and noted that
Department.)
45 over the past 15 months Staff has received no complaints on the operation of this
46 business, and stated that he had contacted Lt. Tim Olson of the Seal Beach Police
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City of Seal Beach Planning Commission
Meeting Minutes of August 6, 2008
1 Department (SBPD) who reported that there have been a few calls for service related to
2 noise and one related to an intoxicated patron entering the business and becoming irate
3 after being refused service. Staff recommends approval, subject to conditions.
4
5 Commissioner Questions
6
7 Chairperson Deaton asked if any of the noise complaints received were from
8 surrounding residents. Mr. Olivera stated that Lt. Olson had not specified, but Staff
9 assumes it may have involved the residences near the block wall that runs along the
10 alleyway behind California Pizza Kitchen. Chairperson Deaton confirmed that all
11 residences within 300 feet had received notice of this business coming to this center.
12 Mr. Olivera stated that notice had been mailed and published in the Sun Newspaper.
13
14 Public Hearing
15
16 Chairperson Deaton opened the public hearing.
17
18 Nina Raey of Fancher Development stated that they are in agreement with all of the
19 conditions of approval. She indicated that she had also contacted the restaurant
20 manager to inquire about any complaints, and she was informed of the incident noted
21 above. She said she would be happy to respond to any questions.
22
23 There being no one else wishing to speak, Chairperson Deaton closed the public
24 hearing.
25
26 Commissioner Comments
27
28 None.
29
30 MOTION by Bello; SECOND by Massa-Lavitt to approve the Indefinite Extension of
31 Conditional Use Permit 07-6, subject to conditions, and adopt Resolution 08-20 as
32 presented.
33
MOTION CARRIED: 5 – 0
34
AYES: Deaton, Bello, DeLay, Eagar, and Massa-Lavitt
35
NOES: None
36
ABSENT: None
37
38
39 Mr. Flower advised that the adoption of Resolution No. 08-20 begins a 10-day calendar
40 appeal period to the City Council. The Commission action tonight is final and the
41 appeal period begins tomorrow morning.
42
43 8. Conditional Use Permit 08-5
st
44 15 – 1 Street (River’s End Cafe)
45
46 Applicant/Owner: Mike Balchin / City of Seal Beach
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City of Seal Beach Planning Commission
Meeting Minutes of August 6, 2008
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2 Request: To extend business hours to 10:00 p.m. daily; to allow non-
3 amplified live entertainment; and to allow amplified
4 background music for restaurant patrons.
5
6 Recommendation: Approval, subject to conditions, and adoption of Resolution
7 08-16.
8
9 Staff Report
10
11 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
12 He provided some background information on this item and noted that this
Department.)
13 item was originally scheduled for the Planning Commission (PC) meeting of July 9,
14 2008, but due to errors in the creation of the public notice mailing labels, the item was
15 rescheduled and re-noticed for tonight’s meeting. He indicated that Staff supports this
16 request and Lt. Olson of the SBPD stated that he sees a positive benefit in the later
17 business hours as the calls for service received at this location usually have to do with
18 vandalism and graffiti. Mr. Olivera then stated that as of last week, Staff has received
19 petitions with 391 signatures in support of this application and has received no
20 communications in opposition.
21
22 Commissioner Questions
23
24 Commissioner Massa-Lavitt asked whether the recommendation includes the approval
25 of the amplified background music. Mr. Olivera explained that the amplified background
26 music would entail a stereo system to provide music for patrons inside the restaurant,
27 and this does not require discretionary approval. He noted that the outside live
28 entertainment would be non-amplified.
29
30 Chairperson Deaton asked if the conditions of approval could restrict the amplified
31 music to the inside of the restaurant. Mr. Olivera reiterated that because this does not
32 require discretionary approval, Staff did not condition this. Chairperson Deaton asked
33 whether discretionary approval is required to have exterior speakers. Mr. Olivera stated
34 that it is not required.
35
36 Public Hearing
37
38 Chairperson Deaton opened the public hearing.
39
40 Mike Balchin, proprietor of the River’s End Café, explained that customers have
41 requested the extended hours as most of them will usually go out to dinner around 7:30
42 or 8:00 p.m. and this is when the Café is closing down. He stated that he does not plan
43 on staying open until 10:00 p.m. every night unless he still has customers being served.
44 He noted that the amplified background music is currently under the eaves outside the
45 building, and cannot be heard inside the restaurant. With regard to live entertainment,
46 Mr. Balchin explained that this would occur primarily during private parties and he has
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City of Seal Beach Planning Commission
Meeting Minutes of August 6, 2008
1 no plans for having regularly scheduled live entertainment. Commissioner Eagar asked
2 what the “last call” time would be. Mr. Balchin explained that currently it is 7:45 p.m.
3
4 Dennis Pohlman, Seabreeze Drive, spoke in favor of approval of Conditional Use Permit
5 08-5, stating that many residents or visiting patrons like to go out to dinner at 7:30 or
6 8:00 p.m. and cannot frequent River’s End due to the early closing time. He stated that
7 the amplified music is not loud and adds to the dining experience. He suggested
st
8 reserving the front 10 parking spaces on the 1 Street beach lot for patrons of River’s
9 End Café.
10
11 Matt Murphree, Crestview Avenue, spoke in support of the River’s End Café and
12 recommended approval of CUP 08-5.
13
14 Gail _____ of Cerritos spoke in favor of CUP 08-5 noting that Mr. Balchin’s requests will
15 make for a more comfortable dining experience with music. She also suggested
16 designating some parking spaces exclusively for the use of patrons of the River’s End
17 Café.
18
19 There being no one else wishing to speak, Chairperson Deaton closed the public
20 hearing.
21
22 Commissioner Comments
23
24 Commissioner Eagar complimented Mr. Balchin for his exemplary operation of this
25 business.
26
27 Commissioner Massa-Lavitt asked if this CUP is to be subject to review. Mr. Olivera
28 stated that it would be subject to a 6-month review.
29
30 MOTION by Eagar; SECOND by Bello to approve Conditional Use Permit 08-5, subject
31 to conditions, and adopt Resolution 08-16 as presented.
32
MOTION CARRIED: 5 – 0
33
AYES: Deaton, Bello, DeLay, Eagar, and Massa-Lavitt
34
NOES: None
35
ABSENT: None
36
37
38 Mr. Flower advised that the adoption of Resolution No. 08-16 begins a 10-day calendar
39 appeal period to the City Council. The Commission action tonight is final and the
40 appeal period begins tomorrow morning.
41
42 9. Conditional Use Permit 08-7
43 13956 Seal Beach Blvd. (Primrose Cafe)
44
45 Applicant/Owner: Farshid Tahvildari / Burnham USA Equities, Inc.
46
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City of Seal Beach Planning Commission
Meeting Minutes of August 6, 2008
1 Request: To upgrade the existing Type 41 ABC license (on-sale beer
2 and wine) to a Type 47 ABC license.
3
4 Recommendation: Approval, subject to conditions, and adoption of Resolution
5 08-22.
6
7 Staff Report
8
9 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
10 He provided some background information on previous approvals for this
Department.)
11 location and noted that SBPD has reported that they have had a few calls for service at
12 this shopping center, but none have been alcohol related. Mr. Olivera explained that
13 the nearest residential units in Leisure World are approximately 200 feet from the rear of
14 the Primrose Cafe. He noted that the restaurant does have an outdoor patio, which
15 faces the front of the Seal Beach Village Shopping Center and Staff recommends
16 approval of CUP 08-7, subject to conditions.
17
18 Commissioner Questions
19
20 Chairperson Deaton asked if approval of this CUP would impact the ability of the PC to
21 approve future applications for alcohol licenses within the Shops at Rossmoor. Mr.
22 Olivera stated that Primrose Cafe is located within a different census tract than the
23 Shops at Rossmoor, and currently is the only liquor license within this census tract. He
24 added that Staff is aware that Long’s Drugs intends to maintain the existing CUP for that
25 property, which allows the off-premise sale of alcohol, but this would not create an
26 overconcentration within this census tract.
27
28 Commissioner Eagar referred to the bottom of Page 2 of the Staff Report and
29 questioned the distance indicated of 80 feet between Leisure World and the rear of the
30 Primrose Cafe. Mr. Olivera explained that 80 feet is the measurement from the rear of
31 the Primrose Café building to the wall along the Leisure World (LW) property line, but
32 the LW residences begin approximately 100 feet beyond that.
33
34 Public Hearing
35
36 Chairperson Deaton opened the public hearing.
37
38 Farshid Tahvildari stated that the restaurant at this location has had a beer and wine
39 license for approximately 10 years and at its former location the Primrose Café had a
40 liquor license for over 20 years. He indicated that many of his customers have indicated
41 they would like to order cocktails with their dinner.
42
43 There being no one else wishing to speak, Chairperson Deaton closed the public
44 hearing.
45
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City of Seal Beach Planning Commission
Meeting Minutes of August 6, 2008
Commissioner Comments
None.
MOTION by Delay; SECOND by Massa-lavitt to approve the Conditional Use Permit
08-7, subject to conditions, and adopt Resolution 08-22 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, Delay, Eagar, and Massa-lavitt
None
None
Mr. Flower advised that the adoption of Resolution No. 08-22 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
STAFF CONCERNS
Mr. Whittenberg noted that there were no business items for the next scheduled
meeting of August 20,2008, and he recommended that this meeting be cancelled.
COMMISSION CONCERNS
Commissioner Eagar indicated that he would be out of town for the labor Day Weekend
beginning Friday, August 29, 2008, and asked if the meeting agenda materials could be
delivered prior to that date. Mr. Whittenberg indicated that Staff would attempt to
arrange deliver before that date.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 8:12 p.m. to the scheduled meeting of
September 3, 2008.
Respectfully Submitted,
~~~
Carmen Alvarez, Executive Secr~ary
Planning Department
APPROVAL
The Commission on September 3, 2008, approved the Minutes of the Planning
Commission Meeting of Wednesday, August 6, 2008. ~ .
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