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HomeMy WebLinkAboutPC Min 1983-01-05 '.- e- .' Minutes 0 the Seal Beach. Planning Commission of January 5, 1983 The Planning Cpmmission met in regular session on \vednesday, Jan~uary 5" 1983 fn the City Council Chambers of the City Ad~inistration Building. The meeting was called to order by Chairman Covingt6n at 7: 30 p.m. and ,;the pledge to the flag was led by Vice- Chairman Goldenberg PRESENT: " ABSENT: STAFF: Covington, Goldenberg, Perrin, Jessner, & Smith None Charles Antos ,:: Prin<:ipal Planner The minutes of the December 15, 1982 meeting were considered and approved by the fol16wing vote: Ayes: Abstain: Noes: Perrin, Jessner, Smith, Goldenberg Covington o PUBLIC HEARING A. The Southland Corporation (7-11 Stores), CUP-5-82 This is an application for sale "for package beer and wine at the 7-11 Store at 1200 Pacific Coast Highway. Staff: report given by Mr. Antos ind:i,cated that since Zoeter School is closed and it appears that the school hoard"will put the site to some other use, their no longer is a controversy over having beer and wine sales across the street from a grammar school. Chairman Covington asked if there was a letter from the school board stat- ing that the school will not be reopened as a school. Staff replied that that information (that the school would remain closed) was received from a meeting the City Manager had with Dr. Lowney of the Seal Beach School Board indicating that other uses will be found for the Zoeter School site. There is nothing in wri~ing to this effect, however, stated Mr. Covington. Mr. Goldenberg asked what fund raising events were referred to in the Police Chief 's memorandum of 6/23/82.:) Staff replied that at the time of the last City Council e~ection, one of the candidates had proposed a f~nd raising ~vent, the proceeds of which could be used to supplement the Seal Beach School Board budget. The event never took place, conse- quently, . the Board closed the school. PubliC: Hearing Opened. 1) Lou Corbo, Development Manager of Southland Corporation, stated that he ,has been working"with the Planning Department for the last 4 or 5 months. The Southland Corporation applied for the CUP based on a number of facts, one of which is the 7-11 store has been in operation' for two years, in which it has shown an exemplary type of operation. There have been no e ~'. . difficulties, nor problems. He further stated that based on the Police Department recommendation, he personally met with Dr. Lowney of the Seal Beach School Board to try tq make a determination as to what the Zoeter School site would be. In that conversation, it was indicated that the highest and best use for that property would be for a commercial develop- ment. Residents were polled in the area from the standpoint of additionalconven- ience to sell beer and wine. With that in mind, he has had a number of . residents indicate that the sale of package beer and wine would not be an interference. He also indicated the Alcoholic Beverage Control board has no problem with the license and requested the Commission's approval of the CUP. The petition or poll was submitted to Commission. Commissioner Jessner asked if there might be a chance for full liquor sales in the future. Mr. Corbo stated that of the 578 stores which are his responsibility, 6 sell more than just beer and wine and those are located in Los Angeles. Bee~ and wine comprise 8-10% of the sale of 7- 11 sales, items of which go along with beer and wine such as potato chips, picnic items, etc. 2) Mr. Charles Judson, a board member of the Seal Beach School Boardi spoke against approval of the CUP. He stated that he is a member of the Seal Beach School Board and the full consent of the board must be given with regard to the disposition of Zoeter School site. He further stated that even though Dr. Lowney has entered into an informal discussion with the City Manager and the Planning Department and others (if, in fact, that is true), that is by no means a binding arrangement as to the disposi- tion of the site. It only becomes official when the entire school board acts on itw He further stated that the board had put any matters regard- ing disposition of the Zoeter property on the back burner so that they could enter into negotiations with Los Alamitos. It was known that the board was not interested in disposing of that property on their own. It was part of the packag~ of becoming a combined dis~rict. The Los Alam- itos Board will take over the disposition of the property, anthing else would be premature. He felt that any vote in this area should be postponed until the Los Alamitos School Board had a chance to review the property. At present there are two pre~school operations using the property. Commissioner Goldenberg asked if there were kindergarten activities going on right now on the property. Mr. Judson replied that the pre-school (1 yr. to 5 yrs.) would be going on until the end ~f June, 1983. Com- missioner Goldenberg then stated that according to the memo from the Police Chief, he (the Police Chief) would not be in agreement for approval of the CUP since there are still school activities going on. 3) Nancy Kredell, 1516 Seal Way, spoke against approval of the CUP as the school is. still a meeting place for children, ~here many recreational activities take place. 4) Theresa Thomas, manager of "Fun in the Sun" playgroup, stated that there were 12 children in the pre-school located at Zoeter property. -2- -- 5) Carla Watson, 1635 Catalina, spoke against approval of the CUP. She was concerned with the recreational activities going on during the spring and summer, such as baseball. Rebuttal 1) Mr. Steve Weiner, attorney for the Southland Corporation, stated that it was his experience in alcoholic beverage matters that pre-school facili- ties.are generally treated as not being adversely impacted by the issuance of a license for beer and wine. That is because these are attended child- ren, in that they are taken to and from school by adults and are supervised during their stay. It would be his suggestion that the CUP be issued to give the residents a chance to see the operation during the months when the school is not opened. When the CUP comes up in a year for renewal, it would be perfectly clear whether there were any problems. Chairman Covington asked what the ABC's position has been on 'recreational' facilities that are being significantly used by children who are not attended. Mr. Antos replied that the ABC does issue licenses for liquor stores near and adjacent to parks. ;- 2) 'Mr. Lou Corbo, Southland Corporation, stated that the Corporation likes to think that they have some responsibility and would like to show that due to having a school nearby, the 7-11 stores have to live by some guidelines. Their people are trained to require identification for sale of beer and wine. If these rules are violated, severe penalties are levied and revocation of license itself can occur. Beer and wine is also locked up from the hours from 2 a.m. to 6 a.m. Additional precautions are taken so that this does not become a problem. He would like to see this,matter resolved now. Hr. Corbo stated a proviso would be agreed to in the CUP that it could be revoked within 30 days at the time Zoeter School was restored as a school. Mr. Corbo further stated that he would like to be judged on the operation , of the store itself because he felt confident no conflicts would 6ccur. The 7-11 store has no video games, cigarette papers, porn6graphic magazines and projects a positive image to the community. 3) Nancy Kredell spoke once again regarding the violence that sometimes occurs at 7-11 stores (robberies, etc.) and the ease with which people can come in and out of Seal Beach to perform these activities. She further mentioned that more residents would have shown up to protest but that the public hearing was only written in the back of the Journal and not everyone had ~een it. Mr. Anto~ replied that Notices of Public Hearing had gone out to all prop- erty owners within 300 feet of the site three weeks ago. It was not neces- sary by law to place the ad in the legal section of the Journal (where all Public Hearing Notices are placed) but' that it was don~ as a courtesy to interested residents. . -3- r. /- ,e ~, Public Hearing Closed. Jay Covington stated that he personally couldn't vote on the issue because he felt a clarification of the Police Chief's comments should be received in writing, together with the facts which he learned today that there are still school-like activities going on at Zoeter along with recreational act~vities. He proposed that the hearing be reopened at the second meet- ing in January. Commissioner Jessner agreed and also asked that the City try to get some kind of reading as to what Los Alamitos School Board would be doihgwith the site in the future. He would also like an up-to-date comment from the Police Chief along with comments from the Recreation Department as to the type of activities go and and for what age groups. It was also noted that this property is zoned public land use and if it were to become commercial, it would have to be rezoned (for a lease longer than one year). ' Commissioner Perrin asked that the next hearing be ,relayed to the general public to take in more residents that the 300 feet required. Staff indicated that the newspaper was informed of the hearing as an item of interest, but that the journal chose not to do a story on it. A 5-minute break was taken and Commission reopened meeting ,at 9 p.m. B. CUP-l~83, Paul Montgomery Res. #1276 This is a CUP to add 10% of floor area to an existing non-conforming single family residence at B75Surfside. Staff report presented by Mr. Antos. It was pointed out the the 10% additional floor space did not extend or increase the existing nonconformities, but made them more tolerable. Commissioner Jessner stated that this is the first applicant who has come through under the non/conforming building code. Under Resolution #1268 and the policy statement, a property report should have been submitted to the Commission first. Mr. Antos replied that there was no need for a property report as the entire building is being brought up to code. Commissioner Jessner felt that it would be a good idea for someone to go over a preliminary plan before an applicant goes to all the expense of a hearing and really has no chance of approval. Staff replied that with anything marginal, there will be a study which the Commission will have before any real expense is incurred by the applicant. Public Hearing Opened. 1) Paul Montgomery, B75 Surfside Mr. Montgomery'stated that he to upgrade his place prior to resolution. This design will moved to Surfside 7 years ago and tried the new non/conforming building additions make his 1200 square foot home more livable. -4- .. , " :JI. /\ J~ _~. ..- p, . .:'/~'.'~:. Resolutiori 1276 AYES: NOES: Covington, Smith, Perrin, Goldenerg, Jessner o Comments' Mr. Antos noted that the Edison Park for which the City was planning to use as a park facility will "be used by S-Y Nursery (a wholes"ale nursery based in Cerritos) for growing landscape plants. They will improve the road for commercial capacity "and put decomposed granite on it. They will have two employees on the si'te. Meeting. adjourned at 9:45 p.m. -5-