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HomeMy WebLinkAboutPC Min 2006-09-20 City of Seal Beach Planning Commission Agenda for September 20, 2006 7:30 p.m. I. 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. August 2006 Building Activity Report 2. Approve Planning Commission Meeting Minutes of September 6, 2006 - Ethics Training on Governmental Transparency 3. Approve Planning Commission Meeting Minutes of September 6, 2006. 4. Approve Planning Commission Meeting Minutes of September 13, 2006. VI. SCHEDULED MATTERS VII. PUBLIC HEARINGS City of Seal Beach Planning Commission. Agenda of September 20, 2006 5. Conditional Use Permit 06-5 320 Main Street (Three Twenty Main Restaurant) Applicant/Owner: Conrad Mingura & Robert Marshall / Fred Reidman Request: To permit full alcohol service within both the indoor and outdoor 175-square foot dining area at an existing restaurant located in the Main Street Specific Plan Zone. The restaurant is currently licensed to serve beer and wine. Recommendation: Approval, subject to conditions, and adoption of Resolution 06-41 . 6. Zone Text Amendment 06-5 Planning District 1 - "Old Town" Applicant/Owner: City of Seal Beach Request: To reduce allowable height from 35 feet to 25 feet on the rear half of lots 37.5 feet wide or wider within the Residential Medium Density (RMD) and Residential High Density (RHD) Zones of Planning District 1. Recommendation: Approval, subject to conditions, and adoption of Resolution 06-43. VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT 2 Oct 04 Oct 18 Nov 08 Nov 22 Dec 06 Dec 20 City of Seal Beach Planning Commission. Agenda of September 20, 2006 2006 Aaenda Forecast Planned Sign Program 06-2 - Height Variation 06-4 Variance 06-3 Panattoni Project B-66 Surfside 209 16th Street 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of September 20,2006 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, September 20, 2006. The meeting was held in the City Council Chambers and began with the Salute to the Flag.1 ROLL CALL Present: Chairperson Deaton, Commissioners Bello, Ladner, O'Malley, and Roberts. Also Present: Department of Development Services Lee Whittenberg, Director of Development Services Paul Da Veiga, Senior Planner Alexander Abbe, Assistant City Attorney Absent: None AGENDA APPROVAL Chairperson Deaton requested that the order of Items 5 and 6 be reversed. MOTION by Ladner; SECOND by O'Malley to approve the Agenda as amended. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. There being no one wishing to speak, Chairperson Deaton closed oral communications. 1 These Minutes were transcribed from audiotape of the meeting. 1 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 CONSENT CALENDAR 1. August 2006 Building Activity Report 2. Approve Planning Commission Meeting Minutes of September 6, 2006 - Ethics Training on Governmental Transparency 3. Approve Planning Commission Meeting Minutes of September 6, 2006. 4. Approve Planning Commission Meeting Minutes of September 13, 2006. MOTION by O'Malley; SECOND by Ladner to approve the Consent Calendar as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None SCHEDULED MATTERS None. PUBLIC HEARINGS 6. Zone Text Amendment 06-1 Planning District 1 - "Old Town" Applicant/Owner: City of Seal Beach Request: To reduce allowable height from 35 feet to 25 feet on the rear half of lots 37.5 feet wide or wider within the Residential Medium Density (RMD) and Residential High Density (RHD) Zones of Planning District 1 . Recommendation: Approval, subject to conditions, and adoption of Resolution 06-43. Staff Report Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He indicated that the Senior Planner would begin by presenting an overview of the information presented at the previous Study Sessions with the City Attorney assisting with commentary on some of the legal issues discussed at the first 2 of 1 2 City of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 1 Study Session on Takings, then the Director of Development Services would summarize 2 the findings and present the Staff Report for Zone Text Amendment (ZTA) 06-1, which 3 is based on the direction given to Staff by the Planning Commission (PC) at the Study 4 Session of September 13, 2006. 5 6 Mr. Da Veiga provided an overview of takings as previously provided in the PowerPoint 7 presentation at the Study Session of September 6, 2006. (Presentation is on file for 8 inspection in the Planning Department.) Mr. Abbe also provided commentary on legal 9 cases related to the issue of takings. 10 11 Mr. Whittenberg explained that two basic directions have been given by the PC as 12 follows: 13 14 1. Prepare a Zone Text Amendment (ZTA) to consider lowering the height to 25 feet for 15 lots that measure 37.5 feet wide or wider to be consistent with the standard for lots 16 that measure less than 37.5 feet in width. 17 18 2. Develop a grace period that would provide a specific period of time after an 19 ordinance takes effect to allow persons pursuing three story developments on their 20 properties to obtain Coastal Commission concept approval. He noted that ZTA 06-1 21 indicates that at its last meeting the PC took direction to recommend a 60-day grace 22 period. 23 24 He stated that the PC had also directed that Staff develop another point in time whereby 25 an actual building permit for construction would need to be issued. He indicated that 26 the City Attorney has researched this issue and finds that both the PC and City Council 27 (CC) can ;;tipulate an actual time period by which building permits would have to be 28 issued. He said that Staff is recommending that building permits must be issued for 29 construction of a 3-story residence within a one-year period after the ordinance is in 30 effect. He noted that there had been a lot of discussion on this issue at the Study 31 Session of September 13, 2006, and realistically, someone could have up to two years 32 or longer within which to build. He said that many members of the public were 33 concerned that this could extend that far out into the future, and Staff has determined 34 that one year from the effective date of the ordinance is a reasonable amount of time. 35 He noted that if the PC feels that one year from the date of Coastal concept approval 36 would be more appropriate, that would be up to the discretion of the Commissioners 37 and ultimately the ce. 38 39 Commissioner Questions 40 41 Commissioner Roberts asked if the ordinance passes, could Staff foresee any 42 possibility of "hardship" being a consideration. Mr. Whittenberg stated that what Staff 43 has outlined for both the grace period and the additional time allowed to acquire building 44 permits and begin construction should realistically be sufficient for someone that has the 45 capability to do a project of this kind. He said that he really doesn't see a way of dealing 46 with some sort of hardship issue, but if the PC feels strongly about this, it could include 3 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 a recommendation regarding this. Mr. Abbe added that generally the issue of hardship comes up when a moratorium is in place and Staff would have to include a clause that states that if the effect of the moratorium proves to be so severe, a resident could apply for a special exemption. He stated that realistically without proof of a substantial hardship, this would be an extremely difficult finding to make. He noted that the idea was that the 60-day period plus the one year time frame already provided this hardship extension. Mr. Whittenberg noted for the record that Staff had received seven letters from residents speaking in opposition to the proposed reduction in the height limit as follows: Alan Parker Dr. Eldon Alexander Carolyn Alexander Lawrence Alexander Mary & Marlo Lewis Dr. Charles M. Parker Pamela & Jeffrey Edson No Address 119 8th Street No Address No Address No Address No Address No Address Chairperson Deaton added that she had received a letter today from Chuck Feenstra in support of the 25-ft. height limit. Public Hearina Chairperson Deaton opened the public hearing. Steve Wright, 1645 Catalina Avenue, stated he owns a property on 305 14th Street, which is a single story dwelling. He said his residence lot currently measures 37.5 feet and were he to modify it, he would construct a garage wide enough to take 2 cars off the street and he would build a second story on top of it to make it a complete house. He stated that making the bottom story of a 3-story house a 2 or 3 car garage would help alleviate parking problems. Stacy Arthur, 225 15th Street, stated that her lot is a wide lot, but her family will be leaving Seal Beach because space is a problem. She said that although she and her husband would like to rebuild to three stories to make space for a growing family, that option will no longer be available to them. She asked if this issue could be placed on a ballot to allow all residents to vote on this. Melinda Howell, 222 1 ih Street, spoke in favor of the 25-ft. height limit. She said that the study sessions on this issue have made her more aware of the skyline in Old Town. She said three-store structures are disproportionate to the size of the City and the size of its streets. She encouraged preventing the charm and personality of Seal Beach as a beach city from disappearing. 4 of 12 CIty of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 1 Carolyn Alexander, 119 8th Street, stated that this home has been in her family since 2 1912, and in the time she has lived in Seal Beach she has learned a lot about the Old 3 Seal Beach, which was not an upscale, trendy, high rent type of beach, but was a family 4 friendly beach. She said she wished it were still that way, but things change. She 5 stated that the reality today is that there is limited space that is near the ocean, and no 6 matter how many restrictions may be placed on that space people will still want to live 7 there. She said the cost of property near the beach has increased to the point where it 8 is unrealistic to expect families to be able to afford to live, unless they can provide 9 enough space for their family. She noted that this ordinance will drive families out of 10 Seal Beach and the city will become a two-person, professional, cookie cutter, yuppie 11 beach community. She indicated that for all of its one-story charm, no one will be willing 12 to pay $1 to $1.5 million for a 1,500-1,600-square foot home. She said she has heard 13 nothing that indicates that anything has changed over the years showing that third story 14 construction is truly a serious problem. She recommended denial of ZTA 06-1. 15 16 Mary Wright, 1645 Catalina Avenue, spoke in opposition to the 25-ft. height limit. She 17 said that she raised her family in this town and her hope is that they will be able to 18 return. She noted that she and her husband own two properties in Old Town, and one 19 lot measures 37.5 feet in width. She said that it is her hope that her children will one 20 day be able to build on this lot. She indicated that she and her husband have even 21 considered rushing to get a 3-story home constructed on this lot, but the expense 22 involved would prove to be a burden. She commented that high hedges, like the one 23 their neighbors have can also block out sunlight. She asked how many original 24 homeowners during the past year have applied for approval of three-story construction. 25 She said she does not understand why this issue has suddenly come to the forefront. 26 27 Mitzi Morton stated it was unfair to have different height limits for different size lots. She 28 said people who have lived here for 20-30 years or more have had plenty of time to 29 construct a 3-story home and should not expect that the right to do this be maintained 30 for their children or grandchildren. 31 32 Joyce Parque stated this is a "rush to judgment," and is denying people their property 33 rights and the right of the people to vote on this issue in the upcoming November 34 election. She stated that an investigation on mold surrounding 3-story houses should 35 be completed prior to taking any action on this issue. She added that Councilman 36 Antos has never owned property in this town and has always rented. 37 38 Chairperson Deaton commented that the vote in November has nothing to do with 39 3-story or 2-story development. She also noted that whether or not someone rents or 40 buys in this community is not relevant, especially when they have lived in this 41 community as long as Councilman Antos has, and have given the community as much 42 of their life as he has. 43 44 David Rosenman spoke in support of the height limit and noted that Surfside provides a 45 vision of what Seal Beach will become if 3-story development is not stopped. He said 46 that Laguna Beach had a similar problem. With regard to Proposition 90, he said the 5 of 12 City of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 1 idea of compensating people for potential takings, is a subterranean part of this ballot 2 initiative, and is not what people will be voting on. He indicated that within the past ten 3 years on 8th Street alone several large homes have been constructed, and he would be 4 very upset if one of these structures were next door to his home. 5 6 Rikki Layman, 119 5th Street, stated that she has attended all of the study sessions and 7 public hearings on this issue and supports the 25-ft. height limit. She said that parking 8 has become a problem with the 3-story homes and she does not want it to become like 9 Surfside, where visitors have to be shuttled into the complex, because there is no 10 parking for guests visiting residents of Surfside. She recommended approval of ZT A 11 06-1. 12 13 Mike Butte, 412 Central Way, said he lives on a wide lot in a one-story house and is 14 surrounded by 2-story homes. He spoke in favor of the height limit, as well as the grace 15 period for those who have already begun the process for submitting plans for a 3-story 16 development. He noted that from his experience in raising his family in a 1,200 sq. ft. 17 home, he found that living in a small house promotes more family connections than a 18 larger house does. He said it is important to maintain a balance between density and 19 how many people are able to live comfortably in Seal Beach. 20 21 Barbara Barton spoke in favor of the 25-ft. height limit and noted that she does not want 22 to live like the residents in Surfside. She said that she has lived with a mold problem 23 since 1970 and so far has been able to deal with it, but the closer and higher homes are 24 built the greater this problem will become. 25 26 There being no one else wishing to speak, Chairperson Deaton closed the public 27 hearing. 28 29 Chairperson Deaton asked members of the public present to raise their hand if they 30 favored 3-story development on 37.5-ft. wide or greater lots. Staff noted a count of 9 31 hands. Chairperson Deaton then asked members of the public to raise their hand if 32 they favored the limit of 2-stories for all lots. Staff noted a count of 11 hands. 33 Chairperson Deaton then asked members of the public to raise their hand if they 34 favored the allowance of 3-stories on all lots. Staff noted a count of 5 hands. 35 36 Commissioner Comments 37 38 Chairperson Deaton commented that it appears there is a general misconception that 39 the application for a 3-story condominium project was the catalyst for bringing this issue 40 to the forefront. She assured the public that this was not the case. She noted that 41 when she first began to serve on the Planning Commission (PC) she did not consider 42 third stories to be a problem, but when the applications became more frequent she 43 began to become concerned. She said that the town could probably support the 44 existing 36 3-story developments, but when considering that over 400 more lots would 45 be eligible to construct 3-story, this would completely change the nature of the town. 46 She indicated that the issue of mansionization and the definition of mansionization are 6 of 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 not about square footage but about compatibility with the neighborhood. She noted that the question of "why now," can be answered with the fact that currently there are 7 applications in the pipeline, which is over 10 percent more this year, than there were last year. She said of all the phone calls she has received; only one person called in support of 3 stories. She noted that she found it interesting that all of those speaking in favor or 3 stories have the larger lots, but many speaking in favor of 2-stories are people who own larger lots who want to maintain the small town character of the City as described in the General Plan (GP). She then addressed the arbitrary nature of the lot size of 37.5 ft. for allowing 3 stories, noting that this allows special privilege to some to the detriment and the taking away of property rights for others. Commissioner Roberts stated that initially he thought compromise was the way to go, but since in all the discussion the issue of compromise has never been raised, and after hearing all of the public testimony and finding that the community favors 2 stories, he now supports this. He emphasized that the City is not "confiscating" properties, and ended by stating that parking is a challenge for Seal Beach that also needs to be addressed. Mr. Abbe noted that the issue of allowing a one-year deadline after adoption of Zone Text Amendment (ZTA) 06-1 should be included. MOTION by Roberts; SECOND by Ladner to adopt Resolution 06-43 as amended recommending to City Council approval of Zone Text Amendment 06-1 and include the condition that building permits be issued within one year after adoption of the ordinance. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None Chairperson Deaton stated that the public hearing before City Council for ZTA 06-1 would take place on Monday, September 25, 2006, at 7:00 p.m. She urged all interested parties to attend. At 8:40 p.m. Mr. Whittenberg requested a 5-minute recess. The meeting reconvened at 8:47 p.m. 5. Conditional Use Permit 06-5 320 Main Street (Three Twenty Main Restaurant) Applicant/Owner: Request: Conrad Mingura & Robert Marshall / Fred Reidman To permit full alcohol service within both the indoor and outdoor 175-square foot dining area at an existing restaurant located within the Main Street Specific Plan Zone. The restaurant is currently licensed to serve beer and wine. 7 of 12 City of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 1 Recommendation: Approval and adoption of Resolution 06-41. 2 3 Staff Report 4 5 Mr. Da Veiga delivered the staff report. (Staff Report is on file for inspection in the 6 Planning Department.) He provided some background information on this item noting 7 that Conditional Use Permit (CUP) 05-11 for Three Twenty Main requesting approval of 8 a 145-square foot outdoor dining area, an increase in the hours of operation, live 9 entertainment, and an upgrade in the alcohol license was heard in November 2005, with 10 the subsequent approval of the outdoor dining area only. The applicant was told that he 11 could re-apply for the upgrade in the alcohol license after a 6-month review period. He 12 said that Staff has reviewed this request with the Seal Beach Police Department and 13 has determined that there have been no alcohol or drug related incidents at the site. 14 Staff recommends approval with a 12-month review based on the operation of the 15 business as a full service restaurant and the lack of calls for alcohol related incidents at 16 the site. 17 18 Commissioner Questions 19 20 Commissioner Roberts noted that the conditions of approval for CUP 05-11 also 21 included a limitation to the number of seats at the bar. 22 23 Public HearinQ 24 25 Chairperson Deaton opened the public hearing. 26 27 Robert Marshall stated that he and Conrad Mingura are the owners of the restaurant. 28 He said that approval of CUP 05-11 did include limiting the number of seats at the bar to 29 eight, with which they have complied. He noted that the original application for the 30 alcohol license for the outside dining area also included a bar/lounge area. He stated 31 that the restaurant has been doing well with food comprising 70 percent of sales, but 32 guests have been asking about when the bar will be providing cocktails. Chairperson 33 Deaton asked if alcohol is served at the bar after food service ends. Mr. Marshall stated 34 that alcohol is served until 10:00 p.m. and food is served until 10:30 p.m. 35 Commissioner O'Malley noted that one of the proposed conditions for serving alcohol in 36 the outdoor dining area is that an employee be on duty in this area at all times. Mr. 37 Marshall stated that they would be able to abide by this condition. He noted that 38 greeters are located next to the outdoor dining area and are stationed there all evening. 39 40 Arlene Perez Figueroa stated that this is a unique and wonderful restaurant, patronized 41 by many families within the community. She recommended approval of CUP 06-5. She 42 commended the PC and the members of the public for their commitment to keeping 43 Seal Beach a small town. 44 45 Nancy Kredell, 1633 Seal Way, stated that there are already 9 locations on Main Street 46 that serve liquor and also 9 that serve beer and wine, and the City does not need to add 8 of 12 City of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 1 to this. She said there is more liquor served within the 3 blocks of Main Street than 2 there is in South Central Los Angeles. She noted that every St. Patrick's Day the City 3 must receive assistance from other police departments to help control the revelry. She 4 stated that this is not conducive to a family atmosphere and that beer and wine are fine, 5 but no more approvals for service of hard liquor are needed. 6 7 Mitzi Morton spoke in opposition to CUP 06-5 and stated that the pattern appears to be 8 that restaurants always start out just wanting beer and wine service, but inevitably 9 return with their application to serve hard liquor. She said that by opposing these 10 applications the community has done a pretty good job of keeping Main Street from 11 becoming a "2:00 a.m. bar scene." 12 13 David Rosenman indicated that the former Chevron Station property on the corner of 14 Main Street and Pacific Coast Highway (PCH) is probably going to be another 15 restaurant and eventually they will want to serve hard liquor. He said the decision made 16 tonight would be a precedent for that site. He noted that the purpose of the Main Street 17 Specific Plan (MSSP) was to cap the number of establishments serving alcohol on Main 18 Street. He said that this may be a wonderful restaurant, but when the owners first 19 considered this site he is certain they were aware of the restrictions on hard liquor. He 20 recommended denial of this application. 21 22 Jerry Zepeda, 350 Marina Drive, spoke in favor of CUP 06-5. He said this is a very nice 23 restaurant, the food is excellent, and it is nice to have a selection of nice restaurants in 24 town from which to choose. 25 26 Chi Kredell, 1633 Seal Way, stated that the cost of having to call in police assistance 27 from other cities on St. Patrick's Day is not paid for by the bars. He said he would like 28 to keep the town small and more bars are not needed. He noted that if the restaurant is 29 doing well by serving wine and beer there should be no need to serve hard liquor. He 30 said if a vote were taken, he is certain the people would vote against this, and he could 31 not understand why Staff is recommending approval. He recommended denial of CUP 32 06-5. 33 34 Anna Fuller stated that she lives right behind this restaurant and she does not 35 understand how liquor licenses are approved for bars and not for a nice family 36 restaurant. She said that she has been patronizing this restaurant since they opened 37 and has not experienced any problems. She said that many people in Seal Beach are 38 set in their old ways and don't like to try anything new. She recommended approval of 39 CUP 06-15. 40 41 Mr. Marshall stated that he understands the concerns expressed tonight, but he noted 42 that the restaurant is not an Irish bar like those that most people go to on St. Patrick's 43 Day. He said theirs is a bona fide restaurant and stated that he does not believe they 44 would get much business on St. Patrick's Day. He noted that he understands this is a 45 quaint town and people want to keep it that way, but there are new generations of 46 people moving in and a business always does well when patrons can have a wide 9 of 12 City of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 1 choice of options. He said that whether patrons drink wine, beer, or cocktails, the 2 restaurant is still responsible for monitoring a customer's intake of alcohol. He 3 emphasized that the restaurant closes at 10:30 p.m. and 11 :00 p.m. on Fridays and 4 Saturdays. Mr. Marshall stated that they do not want to destroy the City, but hope to 5 add to the atmosphere of this beautiful town. Chairperson Deaton asked how many 6 people on any given night come in to drink and do not eat. Mr. Marshall stated that very 7 few people do so. 8 9 There being no one else wishing to speak, Chairperson Deaton closed the public 10 hearing. 11 12 Chairperson Deaton stated that the number of alcohol licenses on Main Street should 13 be considered, and noted that this has been discussed before. She indicated that she 14 had recently received a proposal for Ruby's on the pier to convert to The Beachcomber 15 with a full liquor license. She said that tonight's decision should be based on a plan for 16 Main Street as a whole. 17 18 Mr. Whittenberg interjected that the application for a liquor license at the former location 19 for the Corner Drugstore was a brand new application for a location that had never been 20 licensed for alcohol. He indicated that 320 Main has been licensed for beer and wine 21 sales since 1985, and during that time this location has had very little if any police 22 activity from previous business operations. He said that the information on alcohol 23 related arrests for incident reports shows that 90 percent of these incidents occurred in 24 the 100 block of Main Street, and 90 percent of those incident reports were related to 25 Clancy's and The Irisher. He noted that the 300 block of Main Street is the least 26 impacted block on Main Street with regard to alcohol related incident reports. He said 27 that in November 2005 the PC had denied the liquor license, but indicated that once the 28 business had been in operation for 6 months, they would have an opportunity to come 29 back and apply. He noted that in looking at the business and the quality of the 30 operation, Staff felt that the increase in the ability to sell alcohol on the premises would 31 not be detrimental to the neighborhood. With regard to capping the number of licenses 32 on Main Street through the MSSP, he noted that the MSSP does not do this and never 33 has. He said this was discussed when the MSSP was being developed, and was 34 ultimately rejected, but the provision of the Zoning Code (ZC) does require an individual 35 case-by-case review under the Conditional Use Permit (CUP) process to consider new 36 applications for an alcohol license or to consider a change in the type of license. 37 38 Commissioner Comments 39 40 Commissioner Ladner stated that he has not visited the restaurant, but he does not 41 know of any restaurant in town that does not serve alcohol. He said he sees no reason 42 why the applicant should not be granted this privilege, particularly since the restaurant 43 closes at 10:30 or 11 :00 p.m. at the latest. 44 45 Commissioner Roberts stated that he has visited Three Twenty Main and found it to be 46 an upscale restaurant. He said that when reviewing CUP 05-11 in November 2005 he 1 0 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 was not in favor of granting a liquor license; however, this does not change the concentration of liquor licenses on Main Street and the PC would not be approving an Indefinite Extension of CUP 06-5 tonight. He indicated his experience at the restaurant was very favorable, he believes the owners to be very responsible, and the greeter outside solves the problem of overseeing the outdoor dining area. He said he would be willing to approve this application subject to a 12-month review. He noted that each case should be judged individually on its own merits. Commissioner Bello stated that she had visited the restaurant with her grandchildren and had a very pleasant evening. She said everything was perfect, but she is still concerned about the number of establishments with full liquor licenses on Main Street. Commissioner O'Malley stated that he would be willing to approve this application subject to a 12-month review period. He said that within this period of time the PC would have a better understanding of the impact of this decision. He indicated that he believes the owners have been responsible and it would be fair to grant them the opportunity to show that they will manage this wisely. Chairperson Deaton stated that the PC did not grant the liquor licenses to Clancy's or The Irisher, as they were grandfathered in. She said Seal Beach does not need any more "bars," but she does not see a problem with a really good restaurant in town. She said she is adamantly opposed to adding any more liquor licenses on Main Street, the pier, or anywhere within this oversaturated area. She said she likes the 12-month review period and that as a CUP it can be revoked if there are problems. Chairperson Deaton asked if the City requires that the patio be fenced in, in order to serve alcohol. Mr. Whittenberg noted that the patio is fenced in. MOTION by Roberts; SECOND by Ladner to approve Conditional Use Permit 06-5, subject to a 12-month review period, and adopt Resolution 06-41 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Bello, Ladner, O'Malley, and Roberts Deaton, None Mr. Abbe advised that the adoption of Resolution No. 06-41 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 stated that Staff has no items scheduled for the Planning Commission meeting of October 4,2006, and recommended that this meeting be canceled. 11 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 City of Seal Beach Planning Commission Meetmg Minutes of September 20, 2006 COMMISSION CONCERNS Commissioner Roberts asked for an update on Mel's Diner at the Rossmoor Center. Mr. Whittenberg stated that the owners of the center and Mel's Diner have reached an agreement for Mel's to utilize The Parasol space for a new restaurant. He said no plans have yet been submitted. He indicated that The Parasol does have an existing CUP for beer and wine and also for outdoor dining, and if the new tenant signs the forms to agree to all of the existing conditions that apply, they will be allowed to operate under these conditions, so the PC would not see anything coming before them on this project unless Mel's wishes to modify the conditions, requiring a new CUP application and a public hearing. He then indicated that site development permits have been issued for the parking lot field in front of the former sites for the bowling alley and Panda Panda Restaurant, and for the remainder of the shopping center north of Rossmoor Center Way up to Bradbury Road on which work has begun. He stated that building permits were also issued for three new buildings that will wrap around The Parasol. He said no tenants have been identified for these buildings. Commissioner Roberts then noted that the entrance to the Rossmoor Center with the center median that aligns with Albertsons had been reduced from a two-way road to a lane and a half with the placement of the construction fence, and this could cause an accident for cars turning right from Seal Beach Boulevard into the Rossmoor Center. Mr. Whittenberg stated that Staff would look into this. ADJOURNMENT Chairperson Deaton adjourned the meeting at 9:27 p.m. to the regularly scheduled meeting of October 18, 2006. Respectfully Submitted, ~~~/ Carmen Alvarez, Executive Secreta'ry Planning Department APPROVAL The Commission on October 18, 2006, approved the Minutes of the Planning Commission Meeting of Wednesday, September 20, 2006. 0 --'A. . 12 of 12