HomeMy WebLinkAboutPC Min 2009-03-04City of Seal Beach Planning Commission
Agenda for March 4, 2009
7:30 p.m.
PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. AGENDA APPROVAL
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.
IV. 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 the Planning Commission may undertake no action or
discussion 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 Commission,
staff, or the public requests a specific item be removed from the Consent Calendar
for separate action.
1. Approve Planning Commission Meeting Minutes of February 18, 2009.
2. Receive and File: Various Documents Re: AB 32 and SB 375
3. Receive and File: Updated Status Report Re: SB 375 (Steinberg)
4. Receive and File: Various Documents Re: Local Actions for Climate Change
5. Receive and File: "Climate Change and the Future of Southern California."
VI. SCHEDULED MATTERS
None.
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City of Seal Beach Planning Commission • Agenda of March 4, 2009
VII. PUBLIC HEARING
6. Conditional Use Permit 07-5 (Indefinite Extension)
12235 Seal Beach Blvd. (Pei Wei Asian Diner)
Applicant/Owner: Matt Clark, Clark Commercial Development, LLC /
Century National Properties
Request: Indefinitely extend a previously approved land use
entitlement to permit the on-premise sale of beer and
wine at an existing restaurant located in the Shops at
Rossmoor.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-40.
7. Conditional Use Permit 09-2
12235 Seal Beach Blvd. (Pei Wei Asian Diner)
Applicant/Owner: Nina Raey, Fancher Development Services/ Century
National Properties
Request: To permit an outside dining area (no outside alcohol
service) at an existing restaurant located in the Shops
at Rossmoor.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-11.
8. Conditional Use Permit 05-12 (Indefinite Extension)
2401 Seal Beach Blvd. (Hampton Inn)
Applicant/Owner: Hampton Inn & Suites/ David Chong & Annie Noh
Request: Indefinite extension of Conditional Use Permit 05-12 to
allow 24-hour operations and alcohol sales within the
Specific Plan Regulation (SPR) Zone.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-9.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
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City of Seal Beach Planning Commission • Agenda of March 4, 2009
X. ADJOURNMENT
To scheduled City Council Joint Study Session of March 9, 2009, at 7:00 P.M.
City of Seal Beach Planning Commission • Agenda of March 4, 2009
2009 Agenda Forecast
Mar 9 Joint CC & PC Study Session Re: Housing Element
Mar 18 Variance 09-3 - 209 16t" Street
Apr 08
Apr 22 To be cancelled.
May 06
May 20
Jun 03
Jun 17
Jul 08
Jul 22
Aug 05
Aug 19
Sep 09
Sep 23
Oct 07
Oct 21
Nov 04
Nov 18
Dec 09
Dec 23
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CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of March 4, 2009
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, March 4, 2009. 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, Larson, and Massa-Lavitt.
14
15 Also
16 Present: Department of Development Services
17 Lee Whittenberg, Director of Development Services
18 Jerry Olivera, Senior Planner
19 Steve Flower, Assistant City Attorney
20
21 Absent: Commissioner Eagar
22
23 Mr. Whittenberg requested a motion to excuse Commissioner Eagar from tonight’s
24 meeting, as he had reported that he would not be in attendance.
25
26 MOTION by Larson; SECOND by Bello to excuse Commissioner Eagar from the
27 Planning Commission meeting of March 4, 2009.
28
MOTION CARRIED: 4 – 0 – 1
29
AYES: Deaton, Bello, Larson, and Massa-Lavitt
30
NOES: None
31
ABSENT: Eagar
32
33
AGENDA APPROVAL
34
35
36 MOTION by Bello; SECOND by Larson to approve the Agenda as presented.
37
MOTION CARRIED: 4 – 0 – 1
38
AYES: Deaton, Bello, Larson, and Massa-Lavitt
39
NOES: None
40
ABSENT: Eagar
41
42
ORAL COMMUNICATIONS
43
44
1
These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of March 4, 2009
1 Chairperson Deaton opened oral communications.
2
3 Seth Eaker stated he had met with Staff to discuss in-lieu parking, the summer concert
4 series, and other concerns presented at previous Planning Commission (PC) meetings.
5 He then spoke regarding state legislation that will increase taxes and will not only affect
6 residents but also the business community. He encouraged the PC to provide as much
7 support as possible to local businesses.
8
9 There being no one else wishing to speak, Chairperson Deaton closed oral
10 communications.
11
CONSENT CALENDAR
12
13
14 1. Approve Planning Commission Meeting Minutes of February 18, 2009.
15
16 2. Receive and File: Various Documents Re: AB 32 and SB 375
17
18 3. Receive and File: Updated Status Report Re: SB 375 (Steinberg)
19
20 4. Receive and File: Various Documents Re: Local Actions for Climate Change
21
22 5. Receive and File: “Climate Change and the Future of Southern California.”
23
24 MOTION by Massa-Lavitt; SECOND by Larson to approve the Consent Calendar as
25 presented.
26
MOTION CARRIED: 4 – 0 – 1
27
AYES: Deaton, Bello, Larson, and Massa-Lavitt
28
NOES: None
29
ABSENT: Eagar
30
31
SCHEDULED MATTERS
32
33
34 None.
35
PUBLIC HEARINGS
36
37
38 Mr. Whittenberg suggested that the public hearings for Items 6 and 7 be combined as
39 they are for the same property and business operation.
40
41 6. Conditional Use Permit 07-5 (Indefinite Extension)
42 12235 Seal Beach Blvd. (Pei Wei Asian Diner)
43
44 Applicant/Owner: Matt Clark, Clark Commercial Development, LLC / Century
45 National Properties
46
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City of Seal Beach Planning Commission
Meeting Minutes of March 4, 2009
1 Request: Indefinitely extend a previously approved land use
2 entitlement to permit the on-premise sale of beer and wine at
3 an existing restaurant located in the Shops at Rossmoor.
4
5 Recommendation: Approval, subject to conditions, and adoption of Resolution
6 08-40.
7
8 7. Conditional Use Permit 09-2
9 12235 Seal Beach Blvd. (Pei Wei Asian Diner)
10
11 Applicant/Owner: Nina Raey, Fancher Development Services/ Century
12 National Properties
13
14 Request: To permit an outside dining area (no outside alcohol service)
15 at an existing restaurant located in the Shops at Rossmoor.
16
17 Recommendation: Approval, subject to conditions, and adoption of Resolution
18 09-11.
19
20 Staff Report
21
22 Mr. Whittenberg delivered the staff report.
(Staff Report is on file for inspection in the
23 He provided some background information on this item and noted
Planning Department.)
24 that Staff has received no complaints regarding this business and received no written or
25 verbal responses to the notices of public hearing. He stated that Staff recommends
26 approval of the Indefinite Extension of Conditional Use Permit 07-5, subject to
27 conditions.
28
29 With regard to Conditional Use Permit 09-2, Mr. Whittenberg explained that Staff had
30 become aware that the public seating area in front of Pei-Wei Asian Diner is being
31 utilized for outside dining purposes by patrons of this restaurant. He stated that no
32 alcohol service is permitted in this outdoor area, and Staff has included this in the
33 conditions of approval. He noted that an increase in parking will be required with the
34 permitted use of this outdoor area, but there is adequate space within the parking lot to
35 accommodate this.
36
37 Commissioner Questions
38
39 Chairperson Deaton asked whether Pei-Wei has been serving alcohol in this outdoor
40 area. Mr. Whittenberg stated that they had not. Chairperson Deaton then asked if this
41 would impede the public passageway through the center or whether this area is to be
42 fenced off. Mr. Whittenberg stated that it will not be enclosed, but will remain as it is.
43
44 Commissioner Massa-Lavitt stated that she has seen beer served at these outdoor
45 tables. Mr. Whittenberg stated that Pei-Wei had assured Staff that they are not serving
46 alcohol outside.
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City of Seal Beach Planning Commission
Meeting Minutes of March 4, 2009
1 Commissioner Larson noted that it seems several restaurants in town have begun to
2 request to have outdoor dining areas. Mr. Whittenberg stated that although the City
3 attempts to make the conditions and controls for restaurants as clear as possible,
4 people do always not understand the extent of the conditions for restaurant operations.
5 He noted that it would be difficult for restaurants to turn away business when providing
6 meals “to go” or when a patron requests that his or her food be served outside.
7
8 Chairperson Deaton asked whether an indefinite extension is to be required of CUP
9 09-2. Mr. Whittenberg stated that Staff is recommending this.
10
11 Public Hearing
12
13 Chairperson Deaton opened the public hearing.
14
15 Nina Raey, of Fancher Development, stated that they have no objections to the
16 conditions of approval. She said that Pei-Wei Corporate was not aware that the outdoor
17 dining existed until it was brought up by Staff. She indicated that the owner of the
18 shopping center had the tables and chairs placed in this outdoor area, and after
19 customers saw this they began to request that their food be served outdoors. Ms. Raey
20 stated that all of the restaurant managers and employees would be made aware that no
21 alcohol sales are permitted in the outdoor area.
22
23 There being no one else wishing to speak, Chairperson Deaton closed the public
24 hearing.
25
26 Commissioner Comments
27
28 Commissioner Larson asked if Pei-Wei’s employees had received the required training
29 for serving alcohol. Mr. Whittenberg stated that training was done for service of alcohol
30 within the restaurant. Chairperson Deaton interjected that perhaps Commissioner
31 Larson was asking if they had completed the training, why were they violating the
32 restrictions for serving alcohol in this outdoor area. Mr. Whittenberg stated that he
33 believes they now understand the issue. He noted that if ABC were to find that Pei-Wei
34 were in violation, Pei-Wei would risk losing its license to serve alcohol. He noted that
35 Resolution 09-11 reflects that CUP 09-2 will be subject to a 12-month review.
36
37 MOTION by Larson; SECOND by Massa-Lavitt to approve the Indefinite Extension of
38 Conditional Use Permit 07-5, subject to conditions, and adopt Resolution 08-40 as
39 presented.
40
MOTION CARRIED: 4 – 0 – 1
41
AYES: Deaton, Bello, Larson, and Massa-Lavitt
42
NOES: None
43
ABSENT: Eagar
44
45
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City of Seal Beach Planning Commission
Meeting Minutes of March 4, 2009
1 Mr. Flower advised that the adoption of Resolution No. 08-40 begins a 10-day calendar
2 appeal period to the City Council. The Commission action tonight is final and the
3 appeal period begins tomorrow morning.
4
5 MOTION by Larson; SECOND by Bello to approve Conditional Use Permit 09-2, subject
6 to conditions, and adopt Resolution 09-11 as presented.
7
MOTION CARRIED: 4 – 0 – 1
8
AYES: Deaton, Bello, Larson, and Massa-Lavitt
9
NOES: None
10
ABSENT: Eagar
11
12
13 Mr. Flower advised that the adoption of Resolution No. 09-11 begins a 10-day calendar
14 appeal period to the City Council. The Commission action tonight is final and the
15 appeal period begins tomorrow morning.
16
17 Commissioner Massa-Lavitt encouraged Ms. Raey to communicate to Pei-Wei that they
18 ensure that their employees are adequately trained related to alcohol sales and ensure
19 that alcohol is not being served in the outdoor seating area.
20
21 8. Conditional Use Permit 05-12 (Indefinite Extension)
22 2401 Seal Beach Blvd. (Hampton Inn)
23
24 Applicant/Owner: Hampton Inn & Suites/ David Chong & Annie Noh
25
26 Request: Indefinite extension of Conditional Use Permit 05-12 to allow
27 24-hour operations and alcohol sales within the Specific Plan
28 Regulation (SPR) Zone.
29
30 Recommendation: Approval, subject to conditions, and adoption of Resolution
31 09-9.
32 Staff Report
33
34 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
35 He provided some background information on this item and noted that the
Department.)
36 original approval for this Conditional Use Permit (CUP) was granted with the approvals
37 for the Boeing Integrated Defense Systems (BIDS) Specific Plan redevelopment. He
38 indicated that Lt. Tim Olson of Seal Beach PD has expressed that he has no
39 reservations with the indefinite extension of CUP 05-12, and Staff has not received any
40 complaints as a result of the 24-hour operation at the hotel. He added that the hotel
41 does possess a Type 70 alcohol license, which is only granted to lodging facilites to
42 allow for complimentary happy hours within the lobby area or for in-room mini bars. It
43 does not permit bar or restaurant service of alcohol, nor does it allow sales of alcohol
44 within the gift shop. Mr. Olivera stated that when visiting the hotel he noted that there
45 was no sale of alcohol within the gift shop, and hotel management indicated that they
46 currently do not provide complimentary alcohol service, and only have the in-room mini
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City of Seal Beach Planning Commission
Meeting Minutes of March 4, 2009
1 bars. Staff recommends approval of the indefinite extension of CUP 05-12 subject to
2 conditions.
3
4 Commissioner Questions
5
6 None.
7
8 Public Hearing
9
10 Chairperson Deaton opened the public hearing.
11
12 Marquez Bautista, General Manager of the Hampton Inn & Suites, stated that they are
13 in agreement with the conditions of approval.
14
15 Seth Eaker spoke in support of the indefinite extension of Conditional Use Permit 05-12,
16 and provided a copy of a letter of support from the Seal Beach Chamber of Commerce.
17
18 There being no one else wishing to speak, Chairperson Deaton closed the public
19 hearing.
20
21 Commissioner Comments
22
23 None.
24
25 MOTION by Larson; SECOND by Bello to approve the Indefinite Extension of
26 Conditional Use Permit 05-12, subject to conditions, and adopt Resolution 09-9 as
27 presented.
28
MOTION CARRIED: 4 – 0 – 1
29
AYES: Deaton, Bello, Larson, and Massa-Lavitt
30
NOES: None
31
ABSENT: Eagar
32
33
34 Mr. Flower advised that the adoption of Resolution No. 09-9 begins a 10-day calendar
35 appeal period to the City Council. The Commission action tonight is final and the
36 appeal period begins tomorrow morning.
37
STAFF CONCERNS
38
39
40 Mr. Whittenberg confirmed that he had met with Mr. Eaker to discuss several issues of
41 concern, and that they will meet again before finalizing Staff’s report to the Planning
42 Commission on issues discussed.
43
COMMISSION CONCERNS
44
45
46 Commissioner Massa-Lavitt inquired whether Staff had an opportunity to look at the
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City of Seal Beach Planning Commission
Meeting Minutes of March 4, 2009
1 driveway access into the area of the Hampton Inn & Suites. She noted that Boeing had
2 erected a wrought iron fence all along their property line and left one accessible aisle,
3 making it difficult for cars turning left into the center from Westminster Avenue, and
4 having to make an immediate left. Mr. Whittenberg stated that he has not recently
5 visited the site, but he can take a look and confer with Boeing to see if this can be
6 remedied.
7
8 Commissioner Massa-Lavitt then requested a status for the proposed Denny's
9 Restaurant. Mr. Whittenberg stated that they are still dealing with the parking issue.
10 Commissioner Massa-Lavitt asked if there were a way to do a shared parking program
11 with the commercial project adjacent to the restaurant location. Mr. Whittenberg stated
12 that this is all one property. He indicated that Mr. Olivera is still working with the
13 property managers in an attempt to work out the parking issue, and Staff will report back
14 on this item at a later time.
15
16 Chairperson Deaton noted that access into Starbucks is also difficult and the open
17 gates on the trash enclosure behind Subway and the Japanese restaurant still obstruct
18 the ability to view oncoming traffic when attempting to exit onto Westminster Avenue.
19 She also commented that the wrought iron fence comes right up to the property line
20 also making it difficult to exit. She asked whether the City has some control over where
21 the fence is constructed. Mr. Whittenberg stated that the City has permit authority, but
22 cannot prohibit the fence altogether. He indicated that Staff would report back to the PC
23 on this issue.
24
25 ADJOURNMENT
26
27 Chairperson Deaton adjourned the meeting at 7:56 p.m. to the adjourned City Council
28 Joint Study Session on Monday, March 9, 2008, at 7:00 p.m. to review the Housing
29 Element.
30
31 Respectfully Submitted,
32
~~ ~~~
35 Carmen Alvarez, Executive Secretary
36 Planning Department
37
38
39 APPROVAL
40
41 The Commission on March 18, 2009, approved the Minutes of the Planning
42 Commission Meeting of Wednesday, March 4, 2009.~
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