HomeMy WebLinkAboutPC Min 2009-07-08City of Seal Beach Planning Commission
Agenda for July 8, 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 June 17, 2009.
2. Receive and File: San Mateo County Sustainable Green Streets and Parking
Lots Design Guidebook.
3. Receive and File: "2009 OCAPA Award Winners" Project Descriptions
4. Receive and File: Various American Planning Association (APA) Documents.
5. Receive and File: Various Information Documents
VI. SCHEDULED MATTERS
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City of Seal Beach Planning Commission • Agenda of July 8, 2009
PUBLIC HEARING
VII.
6. Conditional Use Permit 09-7
3001 Old Ranch Parkway (Kobe Japanese Steakhouse)
Applicant/Owner: BNP Enterprises, Inc. / Bixby BIT – Bixby Land
Company
Request: To allow an expansion of live entertainment hours and
the provision of outdoor seating in conjunction with an
existing restaurant, bar, and entertainment cafe.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-21.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
Adjourned to next scheduled meeting of July 22, 2009, at 7:30 P.M.
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City of Seal Beach Planning Commission • Agenda of July 8, 2009
2009 Agenda Forecast
Jul 22
Conditional Use Permit 08-3 – 302 Main St (Main Street Wine Cellar)
Conditional Use Permit 09-8 – 136 Main St (Pho Basil Leaf)
Conditional Use Permit 09-5 – 4000 Lampson Ave (Chevron Station)
Variance 09-4 – 4000 Lampson Ave (Chevron Station)
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
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PLANNING COMMISSION
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Minutes of July 8, 2009
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7 Vice-Chairperson Massa-Lavitt called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, July 8, 2009. The meeting was held
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9 in the City Council Chambers and began with the Salute to the Flag.
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ROLL CALL
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13 Present: Vice-Chairperson Massa-Lavitt, Commissioners Bello, Eagar, and Larson.
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15 Also
16 Present: Department of Development Services
17 Lee Whittenberg, Director of Development Services
18 Jerry Olivera, Senior Planner
19 Melissa Crosthwaite, Assistant City Attorney
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21 Absent: Chairperson Deaton and Assistant City Attorney, Steve Flower
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23 Mr. Whittenberg noted that Chairperson Deaton had indicated that she would not be in
24 attendance at tonight’s meeting. He requested a motion to excuse her absence.
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26 MOTION by Larson; SECOND by Bello to excuse Chairperson Deaton from the
27 Planning Commission meeting of July 8, 2009.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Massa-Lavitt, Bello, Eagar, and Larson
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NOES: None
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ABSENT: Deaton
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AGENDA APPROVAL
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36 MOTION by Bello; SECOND by Larson to approve the Agenda as presented.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Massa-Lavitt, Bello, Eagar, and Larson
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NOES: None
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ABSENT: Deaton
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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 July 8, 2009
ORAL COMMUNICATIONS
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3 Vice-Chairperson Massa-Lavitt opened oral communications.
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5 Seth Eaker, Seal Beach Chamber of Commerce, reported that the Summer Concert
6 Series at Eisenhower Park begins tonight and invited everyone to attend.
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8 There being no one else wishing to speak, Vice-Chairperson Massa-Lavitt closed oral
9 communications.
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CONSENT CALENDAR
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13 1. Approve Planning Commission Meeting Minutes of June 17, 2009.
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15 2. Receive and File: San Mateo County Sustainable Green Streets and Parking Lots
16 Design Guidebook.
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18 3. Receive and File: “2009 OCAPA Award Winners” Project Descriptions
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20 4. Receive and File: Various American Planning Association (APA) Documents.
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22 5. Receive and File: Various Information Documents
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24 MOTION by Larson; SECOND by Bello to approve the Consent Calendar as presented.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Massa-Lavitt, Bello, Eagar, and Larson
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NOES: None
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ABSENT: Deaton
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SCHEDULED MATTERS
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33 None.
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PUBLIC HEARINGS
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37 6. Conditional Use Permit 09-7
38 3001 Old Ranch Parkway (Kobe Japanese Steakhouse)
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40 Applicant/Owner: BNP Enterprises, Inc. / Bixby BIT – Bixby Land Company
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42 Request: To allow an expansion of live entertainment hours and the
43 provision of outdoor seating in conjunction with an existing
44 restaurant, bar, and entertainment cafe.
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City of Seal Beach Planning Commission
Meeting Minutes of July 8, 2009
1 Recommendation: Approval, subject to conditions, and adoption of Resolution
2 09-21.
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4 Staff Report
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6 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
7 He provided some background information on this item and noted that the
Department.)
8 applicant originally appeared before the Planning Commission (PC) in November 2007
9 to request to have entertainment 7 nights a week and expand the hours of operation
10 from 11:00 a.m. to 12:00 midnight, and the PC determined to allow entertainment 4
11 nights a week and the hours of operation would be 11:00 a.m. to 10:30 p.m. Sunday
12 through Thursday, and 11:00 a.m. to 12:00 midnight on Friday and Saturday. He then
13 indicated that the applicant subsequently came before the PC in February 2009 for an
14 indefinite extension of that Conditional Use Permit (CUP). He explained that part of the
15 original request was in conjunction with a major remodel of the restaurant, to create a
16 permanent stage area. He noted that one of the conditions of approval for this remodel
17 was to add soundproof glass in the windows to be added but these plans were never
18 carried out due to structural constraints. Mr. Olivera stated that at the initial hearing a
19 few nearby residents had expressed their concerns with potential noise, and at the
20 hearing in February 2009, there were no members of the public speaking in opposition
21 to the indefinite extension, nor did Staff receive any telephone calls or letters in
22 opposition. He also noted that after contacting Lt. Tim Olson at the Seal Beach Police
23 Department (SBPD) he was informed that SBPD has had no complaints related to the
24 live music or later closing time. The Senior Planner then added that Staff has received
25 no telephone calls or letters in response to the notices mailed out for tonight’s public
26 hearing. He noted that the original public notice was for an expansion of entertainment
27 hours, but did not mention that the operational hours were also to be expanded. He
28 stated that Staff is recommending that the entertainment be permitted 7 days a week
29 and that the operational hours remain unchanged. He then proceeded to state that
30 Staff does have concerns with potential noise issues with the proposed outdoor seating
31 and the exterior door that would be used to access the outdoor patio area. He indicated
32 that Staff has included conditions that will address potential noise and access from the
33 parking lot to this outdoor patio.
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35 Commissioner Questions
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37 Commissioner Eagar stated that he had visited Kobe Steakhouse one evening and
38 noticed that there is only one entrance to the outdoor fire pit. He asked if this would be
39 adequate in the event of a fire. He then noted that the soundproof curtains were not
40 closed and the noise within the restaurant and out in the parking lot was quite loud. Mr.
41 Olivera explained that the number of access points is regulated by Building Code. With
42 regard to the noise, he stated that if it is contained within the property this is generally
43 acceptable. He said that Staff is more concerned with noise carrying over into adjacent
44 properties. Commissioner Eager asked the height of the block wall surrounding the
45 patio. Mr. Olivera stated that the wall is approximate 42 inches high and Staff is
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City of Seal Beach Planning Commission
Meeting Minutes of July 8, 2009
1 recommending that a tempered glass section be added to the wall to bring the height up
2 to approximately 6 feet.
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4 Commissioner Bello asked if there are other restaurants in the area that remain open
5 until midnight. Mr. Olivera stated that Baja Fresh is the closest restaurant across the
6 street and he does not believe they are open later than 10:00 p.m. He noted that by
7 right they would be permitted to stay open until midnight on the weekends. He stated
8 that the only other restaurants within the vicinity would be California Pizza Kitchen and
9 Pei-Wei at the Shops at Rossmoor, both of which are open until at least 10:00 or 11:00
10 p.m. and they also have approval for outdoor seating.
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12 Vice-Chairperson Massa-Lavitt asked how late Spaghettini’s is open. Commissioner
13 Eagar stated that the “last call” at Spaghettini’s is at 11:30 p.m. so they must close at
14 midnight on the weekends.
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16 Commissioner Larson inquired about the condition requiring that beer be served in
17 glass bottles. Mr. Olivera explained that this was intended to lessen the potential for
18 taking the containers off the premises. He noted that this is generally a standard
19 condition with alcohol uses when there is an outdoor patio. Commissioner Larson then
20 referred to Condition No. 3 and asked how Staff would enforce the requirement for
21 limiting the music to jazz, blues, lounge, or soft rock, as vocal performances nowadays
22 can be extremely loud. Mr. Olivera stated that this verbiage was included to prevent
23 Kobe from becoming a predominately entertainment destination, with varied acts
24 throughout the week. He explained that the focus was an attempt to limit the
25 entertainment to be ancillary to the restaurant and bar rather than becoming the main
26 event. Mr. Whittenberg interjected that this is actually the existing language for
27 entertainment in the current CUP for Kobe Steakhouse.
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29 Vice-Chairperson Massa-Lavitt confirmed that Condition No. 1 reflects the hours for
30 entertainment and not the hours for operation of the restaurant. Mr. Olivera confirmed
31 that this was correct.
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33 Public Hearing
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35 Vice-Chairperson Massa-Lavitt opened the public hearing.
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37 Dan Collins, representing Kobe Japanese Steakhouse, asked how long ago
38 Commissioner Eagar had visited the restaurant. Mr. Eagar stated that he had visited
39 two weeks ago. Mr. Collins noted that heavy curtains had been installed inside the
40 restaurant in an attempt to reduce some of the noise; however, it appears that they are
41 not heavy enough and when the wind blows them it allow noise to escape. He indicated
42 that a couple more layers of fabric are to be added to the curtains to prevent this. He
43 stated that Kobe does wish to be a good neighbor and not disturb the surrounding
44 residents. Vice-Chairperson Massa-Lavitt asked where the wind was coming from. Mr.
45 Collins responded that the restaurant door is left open to allow for circulation of air, as
46 when the restaurant is busy, even with the air conditioning and ceiling fans, it can still
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1 become quite warm. He indicated that he does go to the block wall to check if the noise
2 from the restaurant is too loud, but he cannot hear anything from that location.
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4 Mr. Collins then noted that the patio is very small and he does not see any issues with
5 having large groups of people out there creating more noise. He indicated that the patio
6 will basically serve as a smoking area for restaurant clientele and no food is to be
7 served. With regard to the extension on the patio wall, Mr. Collins stated that after
8 reviewing several options they found them to be quite expensive and Kobe proposes to
9 plant 6-7-foot high bamboo several feet thick around the wall and will also install a gate.
10 Vice-Chairperson Massa-Lavitt confirmed that the wall is to consist of live bamboo
11 plants instead of the tempered glass panel. Mr. Collins indicated that this was correct,
12 but Kobe would concede to any recommendations made by the PC. Mr. Olivera then
13 presented a series of photographs of the restaurant patio area and described the
14 proposed revisions. Vice-Chairperson Massa-Lavitt asked if many people sit out in the
15 patio. Mr. Collins stated that usually a couple of people will go out at any one time for a
16 short break or to smoke. Commissioner Bello asked if people would be eating in the
17 patio. Mr. Collins reiterated that the restaurant is not interested in serving food in the
18 patio as it is too far from the kitchen. Mr. Olivera noted that the application was for food
19 and beverage sales on the patio. Mr. Collins stated that if people want to eat out in the
20 patio, Kobe would oblige them. Commissioner Bello then noted that if food and
21 beverages are served in the patio area there must be continued supervision of this area
22 at all times. She asked how many tables the patio would accommodate. Mr. Collins
23 stated that currently there are 3 tables out there and Kobe wishes to add a fire pit, so
24 this would leave space for only 5 tables. Vice-Chairperson Massa-Lavitt stated that
25 although the bamboo would make a nice screen, it would require a lot of maintenance,
26 so it would be better to have the tempered glass panels along the wall to decrease the
27 traffic noise from Seal Beach Boulevard. She stated that she would be inclined to
28 sustain the conditions of approval and require the tempered glass extension, which she
29 believes would serve primarily for the comfort of the guests inside the patio, and would
30 help to block some of the noise to the nearby residences.
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32 Vice-Chairperson Massa-Lavitt then noted that she believes it would be fair that the
33 hours for entertainment for Kobe be consistent with those for Spaghettini Grill and that
34 Kobe have the same closing time. She asked Staff to verify this to make them
35 consistent. Commissioner Eagar asked if the windows facing the parking lot are
36 soundproof. Mr. Olivera stated that they are dual-paned windows, but are not made of
37 soundproof glass. Vice-Chairperson Massa-Lavitt commented that the probability is
38 that food will be served in the patio and she noted that when the curtains are closed this
39 would make entry/exit to and from the patio difficult for guests and for food servers
40 carrying food trays. Commissioner Eagar suggested posting signage prohibiting food
41 service in the patio area. Mr. Collins stated that he really did not want to do this, and
42 repeated that the restaurant is not interested in serving food on the patio. He added
43 that he does not see having the curtains closed as a big issue for food servers, and
44 service would not be constant, as there would only be 4-5 tables in the patio. Vice-
45 Chairperson Massa-Lavitt then noted that the site plan does not show the tables or the
46 fire pit providing no idea of whether the layout would meet fire department standards.
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1 Mr. Collins stated that the original intent was to have bench seating in the patio and that
2 this would simply serve as a lounge area. Mr. Olivera noted that the bench seating
3 would preclude guests from having food served in the patio. Mr. Collins indicated that
4 Kobe is considering 1-2 tables with the bench seating and the fire pit. Vice-Chairperson
5 Massa-Lavitt confirmed that CUP 09-3 has been conditioned for a 12-month review and
6 noted that the PC would revisit this when conducting the public hearing for an indefinite
7 extension. Mr. Whittenberg provided the permitted hours of operation, including
8 entertainment for Spaghettini Grill as follows:
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10 Monday – Thursday - Until 10:00 p.m.
11 Friday – Sunday - Until 11:00 p.m.
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13 There being no one else wishing to speak, Vice-Chairperson Massa-Lavitt closed the
14 public hearing.
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16 Commissioner Comments
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18 Commissioner Eagar stated that he agreed with granting the same closing time as for
19 Spaghettini and he favored the tempered glass for the patio wall extension.
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21 Mr. Olivera noted that the existing hours of operation and for live entertainment for Kobe
22 Japanese Steakhouse are as follows:
23
24 Sunday – Thursday - Until 10:30 p.m.
25 Friday – Saturday - Until 12:00 a.m.
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27 MOTION by Larson; SECOND by Bello to approve Conditional Use Permit 09-7, subject
28 to conditions, and adopt Resolution 09-21 as presented.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Massa-Lavitt, Bello, Eagar, and Larson
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NOES: None
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ABSENT: Deaton
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35 Mr. Whittenberg advised that the adoption of Resolution No. 09-21 begins a 10-day
36 calendar appeal period to the City Council. The Commission action tonight is final and
37 the appeal period begins tomorrow morning.
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STAFF CONCERNS
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41 Mr. Whittenberg noted that the agenda for the next scheduled meeting of July 22 would
42 be quite lengthy.
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COMMISSION CONCERNS
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City of Seal Beach Planning Commission
Meeting Minutes of July 8, 2009
Commissioner Bello stated that the streets in Bridgeport have been nicely repaved, but
she wonders when the center line is to be painted. Mr. Whittenberg stated that he
would inquire with the Department of Public Works.
Vice-Chairperson Massa-Lavitt requested that the Director of Development Services
share the decision of the City Council (CC) on the appeal for an ABC license for Waki
Sushi. Mr. Whittenberg indicated that CC determined to approve the request with
alcohol sales and the final resolution is to be reviewed for adoption on Monday, July 13,
2009. He noted that Staff would provide the PC with a copy of the final resolution as
adopted.
Commissioner Larson asked if the CC had discussed the future of ABC licenses and the
Main Street Specific Plan. Mr. Whittenberg stated that CC meetings must adjourn by
midnight, and CC was not able to begin this discussion, but this item does appear on
the agenda for July 13th.
Vice-Chairperson Massa-Lavitt requested an update on the appeal of the PC denial for
Height Variations 09-3, 09-4, 09-5, and 09-6 for the 4 homes along 10th Street. Mr.
Whittenberg stated that the public hearings are scheduled for the August 10, 2009, CC
meeting.
ADJOURNMENT
Vice-Chairperson Massa-Lavitt adjourned the meeting at 8:15 p.m.
Respectfully Submitted,
~~
Carmen Alvarez, Executive Assi~nt
Planning Department
APPROVAL
The Commission on July 22, 2009, a~ed the Minutes of the Planning Commission
Meeting of Wednesday, July 8, 2009. .
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