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HomeMy WebLinkAboutPC Min 1983-07-06 . . , PLANN~~~~l6~~~~~Ig~-~~~fl~~~.8~'JUL.:Y 6, 1983' The Planning Commissi.on met in regu-li1r g:ession on Wednesday" July 6, 1983 in the City Council Chambers of the City Adminis- tration Building. The meeting was called to order at 7:35 P.M. by Chairman Covington and t~e pledge to the flag was led by Vice 'Gha i rman"!Gb Menberg. ,;-~. .,-' PRESENT: ABSENT: STAFF: Jessner, Covington, Smith, Perrin, Goldenberg None Charles Antos The minutes of June 9, 1983 were approved as corrected, with the following vote: AYES: NOES: ABSTAIN: Covington, Smith, Jessner, Goldenberg None Perrin Public Hearings Staff noted that the Specific Plan for 901 Ocean Avenue will be held over until July 20th. A. ZTA-4-83 Residential Overlay Zone e Staff report presented by Mr. Antos. It was mentioned that the Commission discussed the concept of a residential overlay zone at the last meeting, approving the concept with some recommended changes. The area boundary is Seal Beach Boulevard on the e~st, Pacific Coast Hi&hway on north, 17th Street alley on the west and Electric Avenue on the south. The proposed zone area ,was again reconfirmed by staff that it was consistent with the area that was discussed at the last meeting and for which ~taff was requested to provide background for this public hearing. This zoning text amendment would provide incentive to recycle old motel/apart- ments into mouern residential projects with no increase in density, provide reside~tial above ground floor commercial, provide incentive to develop 'vacant properties on Seal Beach Boulevard, and provide additional stable residents in the area who would be customers for various retail uses which exist or may locate in the area. Public hearing opened. 1. Barbara Rountree, 13300 Twi n ,Hi 11 s Dr, 46H, asked the Commi ss i oners if they had personally inspected the study area. Most of the Comm'ission'ers indica~ed they had visited the site. Staff indicated that each Commissioner had ,been given a tour of the City, pointing out problems and areas of interest. 11 . Minutes of Planning Comm~ssion Meeting of J u 1 y 6, 1983 Page 2 Public hearing clo~ed as no one spbke in opposition. Commissioner Jessner asked that the word "study" be removed from the resolution and to add "as i ndi cated on Exhi bi t A". Staff noted that it was not, necessary ta add a legal d~scription. Since ~e are dealing with streets, alleys, rights of way, etc., it is acceptable to usea map. Com. Covington asked that the resolution be amended to include "with individual applications within this zone are to be approved". Res. #1295 Commissioner Smith moved to adopt amended resolution; Commissioner Perrin seconded that motion and resolution passed with following vote: AYES: NOES: Smith, Perrin, Covington, Jessner, Goldenberg None B. ZTA-5-83 This zoning text amendment would require conditional use permits for enter- tainment licenses, conditional use permits for additions to noncbnforming buildin3s, garages in R-l zones, clarify that ~ Specific Plan's~percedes the base zone provisions, and exempts religious, charitable or nonprofit organizations from the CUP procedure for alcohol licenses. -- Staff report presented by Mr. Antos. With regard to entertainment permits, a separate staff report was sub~itted. If this policy had been in effect at the time 6f ~alt's Wharf's hearings, the problems could 'have been more effectively handled. It was felt that entertain~ent permits should be subject to public notice and public hearing prior to issuance, due to, controversial nature of entertainment permits. With regard to the additions to nonconforming buildings, staff is proposing that the parking provision be complied with as a base condition of approval. With regard to enclosed parking in an R-l zone, that garages be required rather than carports. unattractive nature of carports in front yards. there are alleys leading into garages/carports, this amendment recommends This is due to visually In the coastal zone, and is.not a p~oblem visually. The zoning code currently requires all alcohol permits to have CUP approval. This applies to one day'or short duration permits as well as regular licenses. The City has not been requiring religious, charitable and ,nonprofit organi- zat ions to go through the CUP process for thei r ABC 1 i censes. It is recommended that these or:;anhations be exempted from the CUP procedure due to the nature of their organizations. e Mr. Antos presented a separate staff report regarding entertainment permits. , He noted that the permits for entertainment are now under the authority of the City Manager's office, which means the City Manaaer may issue, revoke or condition an entertainment permit as situations warrant. ~ue to the recent controversy associated with an existin3 entertainment p2r~it, it was felt that these types of permits should be subject to public notice and public hearing prior to their issuance. , Planning Commi~sion Minut~s of July 6, 1983 Page 3 Commissioner'Covington asked if this would impact the cost of an entertain- ment permit. Staff replied that this was an entirely different matter; business licenses must still be obtained through the Finance Department. He also mentioned that the City is changing the entire business license code and modernizing some of its fees that have been in effect since 1950. Mr. Covington asked how will the cost of the license be determined when 7A is repealed. Staff replied that business licenses are an entirely different portion of the code. Section 7A basically says the City Manager approves the issuance of licenses for entertainment/cafes which includes live entertainment and/or dancing. -' Mr.. Covington stated that 7A deals with live entertainment and/or dancing. How do we handle other entertainment which may not be technically live but conforms to same characteristics such as loud noise, etc., i.e., the big screen and other technological improvements. Staff replied as technology improves and may present problems, the cod~ will be amende~. Prior to that time, there is a section in the zoning ordinance which permits licenses and allows the staff to initially review each application. Any department can place conditions on that license. Staff has the opportunity to put conditions, applicant has right to appeal to the planning Commission. The Planning Commission can uphold or overtake any decision and if they are unhappy with that, the applicant can appeal to the City Council. Staff has been r~ther quick to r~spond to technological changes. Mr. Goldenberg asked if the City had a bingo ordinance. Staff replied there is ~o bingo ordinance. Our response by state law would be that the City does not h~ve th~ necessary provision on the books to handle this. Mr. Covington asked if we have already existing a description of hbw organi- zations qualify as a religious, charitable, nonprofit organizations. In banking they must present a copy from the State which shows they'are exempt. Staff replied that that the same would hold true for the City unless it is an obvious case, i.e. the Catholic Church. Certification would be needed only when some doubt was presented. Public Hearing Opened. No one spoke in f~vor. 1. Reva Turchin, 1625 Seal Way, felt that charitable and nonprofit exemp- tions could mean almost anyone. Staff replied that if there was any doubt, a certificate must be presented from the State and those certifications are not lightly given. Mrs. Turchin was concerned that an organization such as the "US Festival" might come under that exemption. Staff also mentioned that all cases will be reviewed by each City department and any conditions or denial can be imposed by a department, so that in all instances, applications will be regulated. ;. ' . Planning Commission ,Minutes of July 6, 1983 Page 4 2. N~ncy Kredell. 161,5 Seal Way, asked if the condition regarding a specific plan superceding base zoning would allow the Planning Commi~sion to spot zone. 'Staff replied that the specific plan is an amendment to the General Plan. It allows,' if necessary the zone to be changed on a particular zone, requires public hearings before both the Planning Commission and the City Council before a specific plan is adopted. It can apply to a small area or a large area such as Hellman. It is really a modification of the General Plan for a specific piece of property on the basis of specific reasons that are identified in the public hearing process. This can be adopted by two ways, by resolution or by ordinance~ Public Hearing Closed. Res. #1296 Commissioner Smith moved to adopt resolution; Commissioner Goldenberg seconded. Discussion followed. It was asked that -the wording be changed in the resolution to delete "live" and add "Code of the City of Seal Beach". Changes were-agreed to by Mr. Smith and Goldenberg and resolution passed with the following vote: e. AYES: NOES: Smith, Goldenberg, Perrin, Covington, Jessner None Res. 1297 Changes were incorporated into Exhibit A deleting "live" and adding to condition #7 the words "with surrounding land uses." Changes were also indicated in the resolution to read "Code of the City of Seal Beach". Staff, replied to Mr~ Jessner's questions, that the building of garages' only deals with replacement covered parking. This would not be retroactive. Mr. Jessner also remarked that regarding the exemptions for alcohol licenses, that the intent was for tempora~y types of licenses. He did not feel that he would be in favor of allowing this for a permanent type of thing. He felt that there should be a 'differentiation in what is temporary and what is permanent. If applicants are applying once or twice a year, then he- did not feel they should go through a CUP process. Staff replied that currently all organizatjons must use the CUP process for the serving of alcohol. What this amendment is doing in effect is codifying practice~ that the City is already following. Organizations will be carefully reviewed with respect to appropriateness. Commissioner Goldenberg and Commissioner Smith agreed with amended changes. Resolut~on passed with following vote: AYES: NOES: Goldenberg, Smith, Perrin, Covington, Jessner None ,e STUDY SESSION Mr. Antos presented staff report regarding the specific plan for the State Lands Parcel. ,He stated that the City Council adopted an urgency orddinance Planning Commission Minutes,of July ~~ 1983 Page 5 . , ~lacing a 45-day moratorium oh issuing buildin& permits on th~ State Lands Parcel in order to prepar~ aSpeEific Pl~n on the site. Subsequently, staff met wi th represefltati ves of the State Lands Commi ss 10n _ to discuss: State restrictions on thesit~ as well as Ci~y goals and objectives for the ~ite. According to the State, the uses that will be~ermitted ~re: visitor serving, retail, ,and marine-related. The City was concerned with the f.act that it is the entrance to th'e City, adjacent to scenic highway, and abuts a designated vletland area. ' Jay asked that more inf6rm~tion b~ pfovidedr In particular, what the City has di~cussed i~ most recent meetings with ,the State, and hoW did they respond. Are there any proposals that the City has considered and what options hav<< been discussed. Co~ies of corresponde~ce'between the State Lands Commission and the City staff or RDA, if'they wer~ ihvolved, should be provided to the Planning Commission. t~r. Covington stated that, the value of the sHe has increased many times and he would really like , to take the opportunity to study the new i nformat i on as soon as poss ib 1 e' 'and then hold some 'public heari'ngs- sowe,cat:1 benefit the City and the re,s i dents and do what shoul d have been done, during the last 8 years. e, " .. . .. , Staff noted that the only way the State Lands Commission could' get r,id of that property would be to trade it with-land of equal value,., As, far as the State Lands Commission is concerned with the lease that they en:tered into with the consortium of developers, ,this lease expires 9/83,with' ' one caveat~ and that is because we have imposed a moratorium until we develop a specific plan. It is their. opinion that they will extend the le~s~ for that period of time whi1e we 'develop a s~ecific plan. At the next meeting, staff will provide a copy of the lease ,and correspond- ence dealing' with the property up until this time. The City att.oney, will review the lease. ' " Meeting adjourn~d at 9:45 p.m. .~ ~ ~.~' .'. .'~ " ,RecoY'dingSecretary,' . " " at