HomeMy WebLinkAboutCC AG PKT 2005-12-12 #AA
AGENDA REPORT
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DATE:
December 12,2005
THRU:
Honorabl~ Mayor and City Council
John B. Bahorski, City Manager
TO: .
FROM:
Lee Whittenberg, Director of Development Services
SUBJECT:
PROVISION OF INFORMATION
LICENSES AND IN-LIEU PARKING
STREET SPECIFIC PLAN AREA
ALCOHOL
ISSUES, MAIN
SUMMARY OF REQUEST:
Staff was requested at the November 14 City Council Meeting to provide informatiOli to
the City Council that was presented to the Planning Commission during the
Commission's consideration of Conditional Use Permit requests for new alcohol sales
licenses within the Main Street Specific Plan Area.
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BACKGROUND:
On November 9, 2005 the Planning Commission considered two requests for conditional
use approvals on Main Street that both involved alcohol sales and in-lieu parking
requests. Those requests are summarized below and a "Draft Minute Excerpt" for each
case is provided as Attachment 1 and 2 for the information of the City Council:
320 Main Street - Conditional Use Permit 05-11:
. Approvals of the following requests were considered by the Planning Commission:
o To add an outdoor dining area of approximately 145 square feet;
D upgrade the current alcohol sales license from beer and wine to a full alcohol
license;
D change the approved hours of operation from 10:30 AM to 11 PM on Friday and
Saturday to 10:30 AM to midnight; and
o to allow live entertainment on Friday, Saturday and Sunday.
D 2 In-Lieu parking Spaces would be required.
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. The Planning Commission determined to approve the outdoor dining area, denied the
upgrade request for the alcohol sales license, made no change in the operating hours
(the City Attorney had determined that the Commission could not make any changes
to the operating hours, as they are established in the Zoning Ordinance), and denied
Agenda Item-'1L
Z:\My DocIllllOll1S\MAINSTRE.SPlAlcohol LicODSeS &: In-Lieu Parkins SlIIluS.CC StalfRoport.cIocILWlll-21-GS
Provision of Iiformation - Alcohol Licen.e.s
and In-Lieu Par1dng I.me.s, Main Street Specific Plan Area
City Couru;il Staff Repon
December 12, 2005
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the request for live entertainment. The Commission will consider final adoption of a
Resolution at its December 7 meeting, after the preparation of this Staff Report on
this application.
302 Main Street - Conditional Use Permit 05-14:
. Approvals of the following requests were considered by the Planning Commission:
o To establish a new restaurant with a full alcohol license;
o To establish operating hours of 10:30 AM to 11 PM Sunday through Thursday
and 10:30 AM to Midnight, on Friday and Saturday.
o 17 In-Lieu parking Spaces would be required.
. The Planning Commission determined to approve the new restaurant, denied the
request for a new alcohol sales license, and made no change in the operating hours
(the City Attorney had determined that the Commission could not In?ke any changes
to the operating hours, as they are established in the Zoning Ordinance. The
Commission will consider final adoption of a Resolution at its December 7 meeting,
after the preparation of this Staff Report on this application.
Overview of Public Concerns re: Alcohol Licenses:
Whv Consider Additional Alcohol Sales Establishments On Main Street?:
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During the Planning Commission public testimony on both of the subject conditional use
applications the concern was raised as to why the City was even considering these types
of land use entitlement requests; why couldn't City staff just say no to the applications?
The answer is that the Zoning Code sets forth in each zoning category uses that are
permitted by "right", meaning if all of the specified development and operational
standards are met, the project is approved by City staff and there is no public hearing
before the Planning Commission.
The second category of uses of property that are permitted are those that are permitted
"by conditional use permit". Under the conditional use permit process, an application for
conditional use permit is filed by a project applicant, and after the application is
determined to be complete by City staff, a public hearing is then held by the Planning
Commission to determine if the proposed use is consistent with the General Plan and "as
conditioned" would be compatible with the neighborhood and surrounding properties.
This process allows the Planning Commission to review applications for a land use
entitlement that requires a conditional use permit to obtain public input on the proposed
use of property and to then determine what condit.ions should be imposed on the proposed
land use to ensure its compatibility with the surrounding neighborhood; if the
Commission determines that the requested use cannot be conditioned in a manner to be
compatible with the surrounding neighborhood the Commission has the discretion and e
authority to deny the requested land use entitlement.
Alcohol Liconses &: In-Lieu Parking SlllluS.CC StalfRoport
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Provision of I1iformatian - Alcohol License.s
and In-Lieu Par1dng Issues, Main Street Specific Plan Area
City COIIncil Staff Repon
December 12, 2005
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Whv doesn 'f the Ci!)J prohibit such aoplications?
This issue was raised during the public review and adoption process of the Main Street
Specific Plan in the 1994-1996 time period. It was the final determination of the City
Council to not impose a limit on the number of alcohol licenses that would be
permitted within the Main Street Specific Plan area, but to require the conditional use
permit approval review process so that an application could be considered on its
individual and distinct potential impacts upon the community. Provided as Attachment 3
are some excerpts from the January 1995 "Background Studies - Main Street Specific
Plan, City of Seal Beach" that was prepared by Zucker Systems and Linscott, Law &
Greenspan. This background report was part of the city-approved process in developing
the "Main Street Specific Plan" and the "Main Street Specific Plan Zone" that was
adopted by the City Council in 1996.
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The provided excerpts discuss "Land Use" issues related particularly to alcohol sales
establishments and "In-Lieu Parking". The overview of the issues raised during the
public input process developed by Zucker Systems, including a survey questionnaire that
was sent out to 1,200 property owners, residents, and business operators within the area
and received a 42% response rate of return is also provided as part of Attachment 3.
Lastly, a summary of land use regulations from other communities that was reviewed
during the drafting of the Main Street Specific Plan is also provided as part of
Attachment 3.
The issue of trying to pre-determine an acceptable level of a particular business use is a
local commercial area is a difficult issue to address and the insertion of governmental
regulation into the free market determinations of appropriate levels of competition
between businesses is one that local governments generally try to avoid. The Main Street
Specific Plan regulations currently limit the type of both "allowed by right" and "allowed
by conditional uSe permit" commercial and professional uses along Main Street.
However, the City has never determined to place a numerical "cap" as to an allowed
number of any specific type of business enterprise within the community or within the
Main Street Specific Plan area. During the formulation of the Main S1re;et Specific Plan
this i~sue was considered and ultimately rejected. Provided as Attachment 4 is a minute
excerpt from an August' 9, 1995 joint City Counci1lPlanning Commission workshop on
the "Draft Main Street Specific Plan where this issue was discussed.
Provided below is some recent sales tax information to provide a summary of the relative
importance of food sales, both with and without accompanying alcohol sales within the
entire City and the Main Street Specific Plan area to provide the City Council with an
understanding regarding the relative importance of restaurant uses within the Main Street
Specific Plan area.
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Alcohol Liconses &: In-Lieu Pltking SlllluS.CC Staff Report
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Provision of Information - Alcohol License.s
and In-Lieu Parki"g Issues, Main Street Specific Plan Area
City Council Staff Repon
December 12, 2005
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Sales Tax Revenues: October - December 2004
Total All City of Seal Beach Main Street Main Street as % of
Accounts Specific Plan: Area City
All Businesses $866,667 (633) $77,117 (138) 8.9%
Restaurants - $62,008 (13) $22,613 (5) 36.5%
Alcohol
Restaurants - $43,420 (28) $ 7,370 (13) 17.0%
Beer & Wine
Fast Food $42,790 (47) $ 8,008 (22) 18.7%
Sales Tax Revenues: July - September 2005
Total All City of Seal Beach Main Street Main Street as % of
Accounts Specific Plan Area City
All Businesses $787,030 (657) $74,363 (165) 9.4%
Restaurants - $68,280 (13) $25,254 (5) 37.0%
Alcohol
Restaurants - $55,140 (29) $ 5,736 (13) 10.4%
Beer & Wine
Fast Food $48,968 (59) $8,211 (22) 16.8%
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Information from Planninl!: Commission Staff Report re: CUP 05-14.
November 9. 2005:
. The Planning Commission Staff Report included information regarding the number of
current alcohol sales licenses within "Old Town", and that information is provided below
for the information of the City Council:
"Over Concentration of alcoholic bevera~e licenses:
Over Concentration of alcoholic beverage licenses has been an issue
within the city in the past, particularly in areas with high crime reporting
districts. The State's Alcoholic Beverage Concol Act, Regulation 61.3,
says that if an area has both high crime and an over concentration of ABC
licenses, ABC can automatically deny an application for a liquor license.
Several years ago, the City's Police Chief made a request to ABC that the
City be placed under Regulation 61.3. The purpose of this request was to
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Alcohol Li...,... &: In-Lieu ParlciDg SI8lUS.CC SIlffRoport
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Provision of Iiformation - Alcohol License.s
and In-Lieu Par1dng Issue.s, Main Street Specific Plan Area
City Cormcil Staff Report
December 12, 2005
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give ABC a basis on which to deny a license request. However, a City
may approve a CUP application in an over concentrated area if it so
desires.
Based on information received from the Department of Alcoholic
Beverage Control ("ABC"), the proposed project is located in a high crime
reporting district. Please refer to Attachment 6 to review the information
provided by ABC. Staff has discussed the information with ABC and has
determined that the calculation for a high crime reporting district is based
on City information from 2001; apparently this is the most recent
information available to ABC.
ABC calculates the total number of ABC licenses in Orange County and
divides the total County population by the number of ABC licenses to
determine a ratio of licenses per capita. ABC then takes the latest US
Census population statistics for the Census Tract in which a license is to
be placed and compares it with the ratio of a number of people per license.
If there are more licenses than the number allowed, the ABC considers
that census tract over concentrated. The current ratio is. lon-sale license'
per 952 people in a census tract, and 1 off sale license per 1,751 people.
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Alcoholic Beverage Control was contacted by staff during the review
process of this case, and the following information was gathered regarding
Census Tract 995.11 and Census Tract 995.12, the tract in which the
subject property is located. Census Tract 995.11 encompasses "Old Town"
southerly of Electric Avenue, Fifth Street and Marina Drive, while Census
Tract 995.12 encompasses "Old Town" northerly of that boundary up to
Pacific Coast Highway.
The following table indicates the current ABC licensing regulations and
permits issued for both Census Tract Areas:
Census Population On Sale On Sale Have Off Sale Off Sale
Tract 2000 Allowed Allowed Have
995.11 3,416 4 15 N/A (2) N/A(3)
995.12 2,766 3 10 plus 2. N/A (2) N/A (3)
pendinll
Total 6,182 7 25 plus 2 N/A (4) N/A (6)
pending
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Annrovinll Alcohol Licenses in Overconcentrated Areas
Staff would like to point out that merely being overconcentrated does not
automatically necessitate denial of a new ABC license request. ABC
reserves the right to automatically deny a request in an overconcentrated
area, but individual cities are left with the ability to analyze individual
Alcohol Li...... &: In-Lie. Parkiog SIBllls.CC StalfReport 5
Provision of Iiformation - Alcohol Licenses
and In-Lieu Parking Issues, Main Street Specific Plan Area
City Council Staff Report
December 12, 2005
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applications as they arise and make decisions based on the individual
circumstance.
Staff is aware that new liquor licenses have been an issue along Main
Street in the past, particularly with the street's close proximity to
residential neighborhoods. This application is the second request for a new
ABC license since the adoption of the Main Street Specific Plan. The first
approved location after adoption of the Main Street Specific Plan was for
"Old Town Cafe" at 137 Main Street, which was approved on September
20,2000. The Main Street Specific Plan sets forth the general vision for
the district, saying: "The vision for Main Street is small town America.
Importantfeatures include afamily town with friendly people who care for
each other." The specific plan goes on.to say "Part of Seal Beach's old
town charm is the close proximity of its residential development to the
commercial establishments. This arrangement is highly desirable." .
Staff believes that this request falls within the scope and vision as detailed
within the Main Street Specific Plan. In order to be a viable restaurant in
today's market, staff acknowledges that the sale of alcoholic beverages is
a near necessity. The issue of overconcentration has come up in regards to
. this application and whether or not adverse effects will arise as a result of
the new license..
In terms of overconcentration itself, staff sees concentration of alcohol
licenses, generally, as a good thing if properly conditioned and managed.
Having alcohol licenses located within close proximity of each other
creates a sense of "place" .which has benefits in and of itself for both
residents and visitors of the City. This sense of place is what is described
within the Main Street Specific Plan. In contrast, if the alcohol licenses
within this census tract were more spread out throughout the entire old
town area, the sense of the Main Street area would be dramatically
different. There is obviously a balance between the existence of
restaurants and other visitor and locally serving businesses within the
Main Street Specific Plan area, and the purpose of consideration of alcohol
requests through the Conditional Use Permit process is the mechanism the
City has chosen to evaluate this type ofland use request."
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As part of plAnning Commission Staff Report regarding Conditional Use Permit 05-14,
staff provided information regarding alcohol- and drug-related incident and arrest
information ("AOD" incident and arrest) on a City-wide basis and also within the Main
Street Specific Plan area. That information is provided as Attachment 5 for the
information of the City Council.
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Alcohol Li...... &: In-Lieu Parking Slatus.CC Staff Report
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Provision of Information-Alcohol License.
and In-Lieu Par1dng Is...e.s, Main Street Specific Plan Area
City Council Staff Repon
December 12, 2005
Current In-Lieu parking Provisions - Main Street Specific Plan Zone:
The issue of the use of the Zoning Code authorized in-lieu parking program was also
raised during the public comments on both conditional use permit applications. Provided
as Attachment 6 is the current language of Section 28-1256 of the Zoning Code, (Section
28-1250 through 28-1257 is the Main Street Specific Plan Zone standards).
,
FISCAL IMPACT:
Unknown at this time. Future actions based on City Council direction could result in
reallocation of Staff resources or consideration of retention of outside consultant services
to respond to the direction of the City Council. .
RECOMMENDATION:
After City Council discussion, provide any additional direction to staff determined
appropriate. Receive and File Staff Report.
B. Bahorski
ity Manager
Attachments: (6)
Attachment 1:
Draft Planning Commission Minute Excerpt, Conditional
Use Permit 05-11, November 9, 2005
Attachment 2:
Draft Planning Commission Minute Excerpt, Conditional
Use Permit 05-14, November 9, 2005
Attachment 3:
Excerpts of "Background Studies. Main Street Specific
Plan, City of Seal Beach", prepared by Zucker Systems
with Linscott, law & Greenspan, Engineers, dated January
1995
Attachment 4:
Minute Excerpt re Joint Workshop - Draft Main Street
Specific Plan, August 9, 1995
Alcohol Li...... &: In-Li.u I'aJIcing SlBlus.CC Sm1fRoport
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Provision of Iiformation - Alcohol License.s
and In-Lieu Par1dng IssU4S, Main Street Specific Plan Area
City Council StaffRepon
December 12, 2005
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Attachment 5:
Alcohol- And Drug-Related Incident and Arrest
Information, 2004 and First Quarter 2005
Attachment 6:
Seal Beach Zoning Ordinance, Main Street Specific :j>lan
Zone, Section 28-1256. In-Lieu Parkin!! Prol!ram.
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Alcohol Licenses &: In-Lieu Parking StIIlus.CC SIBfI'Roport 8
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Provision of Information-Alcohol License.s
and In-Lieu Parking Issues, Main Street Specific Plan Area
City Council Staff Report
December 12, 2005
ATTACHMENT 1
DRAFT PLANNING COMMISSION MINUTE
EXCERPT, CONDITIONAL USE PERMIT
05-11, NOVEMBER 9, 2005
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Alcohol Lic:onses &: In-Lieu Parking Status cc StalfRoport 9
Provision of Information -Alcohol License.s
and In-Lieu Parking Issues, Main Street Specific Plan Area
City Council Staff Repon
December 12, 2005
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5.
Conditional Use Permit 05-11
320 Main Street
Applicant/Owner: C. Mingura & R. Marshall/,Fred & Janet Reidman
Request: To add a 145-square foot outdoor dining area; upgrade the current
alcohol sales license from beer and wine to a full alcohol license (Type 47);
change the approved hours of operation from 10:30 a.m. to 11 :00 p.m. on Friday
and Saturday to 10:30 a.m. to midnight; and to allow live entertainment on Friday,
Saturday, and Sunday. .
Recommendation: Approval and adoption of Resolution 05-53, subject to
conditions, and as may be further revised by the Commission after considering
public testimony. ~ft "f1
Staff Report \oJ"
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Mr. Whittenberg delivered the staff report. (Staff Rcport is on file for inspection in the
Planning Department.) He provided some background information on this item and
noted that this is an existing restaurant that was approved a number of years ago and was
occupied for many years by Bayou St. John. He said that approximately 2 years ago the
name of the restaurant was changed to "Caroline's." He indicated that the restaurant
currently measure 1,955 square feet, with 870 square feet used for seating, for a total of
64 seats. He stated that the applicant proposes to add 14 seats in a new bar area and 720
square feet are currently used fqr the kitchen and service areas, with the remaining 365
square feet utilized for resttooms, hallways, and other storage areas. He reported that the
original construction of the multi-tenant building was approved under a Variance (V AR)
84-11 in 1984 and currently there are four businesses in this two-story structure. He
explained that Conditional Use Permit (CUP) 85-29 was approved by the Planning
Commission (PC) in December 1985 for the initial approval for the on-sale of beer and
wine, and the premises has been operating under this license for 20 years. He stated'that
as part of the approval of V AR 84-11 the property was required to participate in the
City's in-lieu parking program that was in place at that point for the 26 spaces granted
with the V AR. He noted that there are only 5 parking spaces provided at the rear of the
property for the 4-tenant uses on the property. Mr. Whittenberg then indicated that the
Seal BeaCh Police Department.(SBPO) has reviewed the application and has no concerns.
With regard to the outdoor dihing area 'proposed for the front of the restaurant, Staff has
no concerns with permitting this, as there.Fe several establishments along Main Street
that either have outdoor or semi-enclosed dining' areas. He stated that the proposed
outdoor dining area would not have a solid roof, but a trellis structure for shade would be
constructed and planters are proposed to separate the patio are from the public right-of-
way. The Director of Development Services explained that one of the proposed
conditions of approval is the requirement of a minimum 42-inch high wall of a decorative
nature to be approved by the Planning Department, incompliance with the general
standards as approved by the PC for other outdoor dining areas where alcohol is to be
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A1ccho1 Ll_ &: In-Lieu I'Irting Sta1us.cc Stalfhport
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Pr01lision of Iiformation - Alcohol License.s
and In-Lieu Par1dng Issue.s, Main Street Specific Plan Area
City Council StaffRepon
December 12, 2005
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served. With regard to the change to a general liquor license, under Alcohol & Beverage
Control (ABC) criteria since the establishment is already licensed for alcohol sales on
premises, it has no affect on the issue of over-concentration of alcohol licenses. Mr.
Whittenberg noted that Staff has provided incident reports from SBPD in the Staff Report
for all reported alcohol and drug related incidents along Main Street and the 300 block is
by far the least impacted by this type of problem. With regard to the change in the hours
of operation, Mr: Whittenberg reported that after reviewing the City Ordinances and
discussion with the City Attorney's office, Staff found that the PC really has no authority
to grant a change in the hours over what is stipulated in the Zoning Ordinance at this
time. Currently for all restaurants on Main Street City Code has established the hours of
operation as up to 10:00 p.m. Sunday through Thursday, and 11 :00 p.m. on Friday and
Saturday. He then addressed the issue oflive entertainment ~d noted that he has worked
for the City of Seal Beach since 1989 and in 1992 a major issue arose regarding live
entertainment at Papi1l(o'g.s: ~<;!:l.}V~ located at what is now the Hennessey's location.
He stated that after a dbmber-!l!. h,*$.gs over a period of approximately one year, the
matter was ultimately approved, lfut'4e after opening the business the owner had live
entertainment for approximately 9 months and then decided to discontinue it. He
commented that this is the second application that he has seen for entertainment on Main
Street, and the first one to come in since the Main Street Specific Plan (MSSP) was
adopted in 1996. He noted that the MSSP does not prohibit live entertainment, but does
require that it be approved through a Conditional Use Permit (CUP). He stated that the
application in this case is to provide music on Friday and Saturday night by a jazz quartet
with the music to be piped through the existing restaurant sound system with which the
proprietor can control the volume. The quartet ,,!ould be located within the enclosed
portion of the restaurant and would not occur in the outdoor patio. He noted that a
specific area for the live quartet has not been determined, and some tables would
probably have to be removed to accommodate this. He said Staff has made a
recommendation for a location for the musicians, but the PC could specify an area for this
use. He then iIl,dicated that Staff has also included conditions requiring that noise
measurements be taken twice within the first 6 months of operation lo verify that noise
levels generated are in compliance with the City's Noise Ordinance and a condition for a
6-month review is also included. He explained that with regard to the live music Staff
considered that the restaurant is within a two-story building, it faces Main Street, so noise
would be generated out toward Main Street and be absorbed by traffic noise, etc. He said
that Staff recommends approval, subject to conditions. f~
Commissioner Ouestions t)9..~
Commissioner Ladner asked if there would be any outdoor speakers. Mr. Whittenberg
stated that there are no speakers on the outside of the building. Commissioner Ladner
asked if there are plans to add speakers. Mr. Whittenberg stated that they are not shown
on any of the plans submitted.
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Commissioner Roberts asked if the back doors are to remain open during business hours.
Mr. Whittenberg stated that the doors are required to remain unlocked, but the only
,
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Alcohol Li_ &; JD-Lieu Parking SlllluS.CC Staff Report
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Provision of Information - Alcohol License.s
and In-Lieu Parking Issues, Main Street Specific Plan Area
City Council Staff Repon
December J 2, 2005
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business that he knows of that is required to keep the back doors closed is Taco Surf near
Surfside.
Chairperson Shanks asked other than Walt's Wharf, which other restaurants along the
200 and 300 block of Main Street have general liquor licenses. Mr. Whittenberg stated
that there were no others that he could think of. A member of the public interjected that
The Abbey on the 300 block does serve hard liquor.
Chairperson Shanks opened the public hearing.
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Public Hearing
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Rob Marshall, one of the applicants, stated that he and Mr. Mingura look forward to the
opportunity to serve everyone in Seal Beach. He said they understand the concerns over
the service ofhard liquor; but 1hey would like to bring a new restaurant to Seal Beach that
provides American cuiSine wiih Ii. California flair and would like to accommodate their
patrons with distilled spiritS. He notc;d that they would place an emphasis on California
wines. He noted that currently there is one outside speaker, and the plan is to eventually
have a Saturday/Sunday brunch with music provided inside the restaurant by a jazz
quartet. Commissioner Ladner asked if any additional speakers are to be added. Mr.
Marshall stated that there are no plans for this, and if the speaker is a concern, it can be
removed. Commissioner Ladner asked if a band would ever be playing music. Mr.
Marshall stated that a 4-piece ensemble would be the maximum for musicians.
Commissioner Roberts asked if the bar area is to be new. Mr. Marshall described the
proposed bar area. Commissioner Roberts expressed his concerns over converting more
than 20 percent of the existing seating area into a sit-down bar and $e potential for this
restaurant becoming a "local watering hole." Mr. Marshall stated that in. re-evaluating
the bar area, it will have 12 seats instead of 14 and not all of this seating will be for the
bar, as part of this would be for a service area (or the kitchen and to accommodate single
patrons. He noted that the l<mphasis would be lis a restaurant and not a "bar."
Commissioner Deaton asked for clarification on the center area of the restaurant. Mr.
Marshall stated that 3-inch metal columns that run through the restaurant support the
structure, and one of these is to be used for a partition with plants to separate the dining
room and booths are to be placed on either side of this partition.
Geri West, 1301-B Electric Avenue, spoke in opposition to this application and noted that
it would be difficult to seat 60 people within an 870 square foot area. She expressed her
concern about parking for the patrons and employees of this new establishment, noting
that under YAR 84-11 parking for this property was to have been provided by St. Anne's
Church; however, neither the church diocese nor the City had been provided with a copy
of this agreement. She stated that there are already 7 full bars within the 3 blocks along
Main Street, and 10 beer and wine bars, and noted that her hometown of New Orleans has
less than this in 3 blocks along Bourbon Street.
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Alcohol LiCOllSCS &: "'-Lieu Parkin& SlRlUS.CC SlllffRoport 12
Pruvision of Iiformation - Alcohol Licenses
and In-Lieu Par1dng ISSIle.s, Main Street Specific Plan Area
City COWlcil StaffRepon
December I2, 2905
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Roger West stated that this is not a restaurant but a ''nightclub'' with no parking, and
meets none of the City requirements. He cautioned that if this were approved, it would
set a precedent for the all the other existing restaurants SIlrving' alcohol and any new
restaurants coming into Seal Beach.
,David Rosenman stated that he has contacted ABC regarding their original provisions for
hard liquor versus beer and wine, but has not yet received a response. He indicated that
the in-lieu parking as noted in the Staff Report is inadequate as it is non-existent, making
the Staff Report erroneous. He shared that regarding the appl'Qval for entertainment for
Papillion's, two of the then seated council members later stated to him that this had been
the biggest mistake of their council careers, as it quickly progressed from a restaurant to
just a bar. He cautioned that many residents throughout the city would be displeased
should this receive approval. He recommended denial of the general liquor license,
removal of the outdoor speaker, require provision of ad~ parking, and correctly
calculate of in-lieu fees. ~~t \
Mitzi Morton stated that the restaurant proposes tJJcommodate 104 people in a 4-tenant
building that provides 5 parking spaces for tenants only. She noted that the money from
in-lieu parking fees was expected to be utilized to purchase parking spaces for Main
Street, and now all of this money has disappeared, and the City is charging $3,500 for an
in-lieu parking space that would cost the City $10,000 to put in place. She indicated that
many establishments with in-lieu parking agreements are in arrears with the fees. She
also spoke in opposition to approval of entertainment and the service of hard liquor,
stating that this would be asking for more problems like those reported on the 100 block.
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Joyce Parque stated that this location was previously a restaurant so the applicant should
be allowed to have a restaurant, and if they prove to be good neighbors they can return to
the PC to request approval for the liquor service and entertainment. She recalled the
. extended problems experienced with a spaghetti house formerly located in the Walt's
Wharf building that had live entertainment, and cautioned that the City did not want to
experience this same situation should they allow live entertainment.
Chi Kredell spoke in opposition noting the same problem location at the Walt's Wharf
building and stated that he believes he expresses the general feeling of most Seal Beach
residents when he states that they don't want live entertainment on Main Street. He
emphasized that the City Code should be adhered to without making allowances for
specific requests. He recommended denial of hard liquor and live entertainment.
Nancy Kredell stated that she had served on the Main Street Revitalization Committee
approximately 12 years ago and they had encouraged the outdoor dining. She noted that
the Founders Day committee recently conducted its meetings at Caroline's every Monday
night and usually there were very few patrons in the restaurant, and there was still no
parking available near the restaurant. She emphasized that a family atmosphere is
important to the residents of this city. She reco=ended denial of the liquor license and e
live entertainment.
A1cobol Licenses &: In-Lieu PaIIcing Stalus.cc StalfRcport
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PrOllision of Iiformation - Alcohol License.s
and In-Lieu Par1dng Issues, Main Street Specific Plan Area
City Council Staff Report
December 12, 2005
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Mario Voce spoke regarding intensification of land use, stating that he recalls the battle
described by Ms. Parque, which took a lot of time away from his family to come and
speak against the approval of live entertainment. He commented that he empathizes with
the residents surrounding Main Street and the decisions made by the PC can have many
ramifications.
Mr. Whittenberg noted for the record that Attachment 6 of the Staff Report is a letter in
opposition to CUP 05-11 from Ann Cook at 339 Tenth Street.
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Rob Marshall stated that he understands the desire to maintain the small town atmosphere
and also the concerns over the live music. He inquired about conditioning the live music
with regard to decibel level, etc. to help mitigate the noise levels.
There being no one else'wishing to speak, Chairperson Shanks closed the public hearing.
Commissioner Co~ents O'R~f1
Coinmissioner Roberts asked about the current number of seats in the restaurant, the
arrangement, was this adjusted when the restaurant was purchased? Mr. Marshall
reported that currently there are 60 seats allowed, and the plans for the new layout show 8
seats at the bar with less thaIi. 60 other indoor seats, and when combined with the outdoor
dining area, there will be approximately 75-80 seats altogether.
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Commissioner Deaton inquired about how in-lieu fees are calculated. Mr. Whittenberg
responded that in-lieu fees are based upon square footage, with the requirement of 1
parking space for each 100 square feet of new restaurant area, including kitchens,
restrooms, and outdoor dining areas) for a one-time fee of $3,500 per space. He
explained that 320 Main Street would require 2 spaces for the 145 square feet of
proposed outdoor area, as the property on which the existing restaurant is located already
participates in a much older in-lieu parking program that was in place in 1984, and pays a
fee of $2,600 per year for the current building. He noted that the addition of the patio
area is subject to the new fee of $3,500 per space. Commissioner Deaton stated that she
is confused because when discussing Javatini's they were only allowed to have a specific
number of seats. Mr. Whittenberg clarified that under City Code a coffee shop or dessert
shop ofless than 1,000 square feet with less than 10 seats would be classified as a regular
retail store and not as a restaurant and would require 1 parking space per 500 square feet
of space. He added that when reviewing the final tenant plans, OCF A would determine
the occupancy load for the indoor and outdoor dining areas. Commissioner Deaton then
stated that she would not be able to approve a bar in the restaurant, as the PC is looking
for another fine dining restaurant and not another bar. She said that if Mr. Marshall
removes the bar and the live music, she would not have a problem in voting to approve.
Mr. Marshall stated that he understands not granting the liquor license, but he would
prefer to keep the bar for the benefit .of their single patrons. Commissioner Deaton asked
A1cchol Li_lt In-Lieu Parking SI8luS.CC SlIIffReport 14
Provision of Iiformation - Alcohol Licenses
and In-Lieu Par1dng Issue.s, Main Street Specific Plan Area
City Council Staff Repan
December 12,2005
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if Mr. Marshall would prefer to have the bar with only beer and wine, or no bar and the
general liquor license? Mr. Marshall stated that he would prefer to have the bar.
Mr. Whittenberg called for a 5-minute recess. The meeting recessed at 9:45 p.m.
1;be meeting reconvened at 9:50 p.m.
Mr. Abbe stated that during the break a number of the members of the public spoke with
the Commissioners and he requested that if any conversation was conducted regarding
the item on the agenda that the Commissioners briefly disclose that information at this
time. He cited the applicant's due process right to rebut anything that was said.
Commissioner Deaton stated that her discussion with the public was regarding parking
problems and finding parking spaces.
Chairperson Shanks stated t:I;1at he is opposed to the bar, the hard liquor, and live
entertainment, noting that if live m:iIsic is appioved the PC would be glutted with requests
for approval of live music at the other restaurants on Main Street. He emphasized that
this issue has been discussed time and again with the same determination that it is not
wanted in Seal Beach. He said he had no problem with ~tdoor patio or the continued
service of beer and wine. . ~ ~t \ ,
Commissioner Roberts stated that he COul~cept Mr. Marshall compromise to seek
approval for the bar and to continue serve beer and wine only. He said that he is not as
opposed to the entertainment as the other Commissioners, but he would vote with the PC
on this one, and he would vote to approve the patio.
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Commissioner Ladner stated that with a noise level limit of 65 dBA for the outdoor
speaker, he does not believe that it would be a problem with the entertainment,
particularly with the traffic and outdoor noises along Main Street. He indicated that the
noise levels could be monitored for 6 months to determine if they are exceeding the
minimum allowed. He stated that he would approve all of the requested items except the
service of hard liquor, and he agreed with Mr. Marshall's proposal to only serve the beer
and wine and after 6 months reapply for approval to serve hard liquor.
Commissioner Deaton moved to approve a restaurant with the existing beer and wine
license, to allow the outdoor dining patio with a 42-inch wall as recommended by Staff,
io deny live music except through the approval of a Special Event Permit, and to limit bar
seating to 8 bar seats. She stated that she is still concerned about parking, but because
this is an existing restaurant there is nothing the PC can do about this. She said she
wished to go on record that the City must figure out a way to create more parking spaces.
Mr. Whittenberg interjected that Staff would prepare a resolution to reflect the PC motion
as indicated above and return with this resolution for adoption at a later date. e
A1cchol Licooses &: In-Lieu Parking SlllluS.CC StalfRaport
15
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Provision of Iiformation - Alcohol License.s
and In-Lieu Parking Issues, Main Street Specific Plan Area
City Council Staff Repon
December 12, 2005
Commissioner Roberts asked if the PC wished to impose a 6-month or l2-month review
period. The Commission unanimously agreed to a 6-month review period.
MOTION by Deaton; SECOND by Roberts to direct Staff to prepare a Resolution for
Conditional Use Permit 05-11 to approve a restaurant with the existing beer and wine
license, to allow the outdoor dining patio with a 42-inch wall as recommended by Staff,
to deny live music except through the approval of a Special Event Permit, to limit bar
seating to 8 bar seats, and that CUP 05-11 be subject to a 6-month review.
MOTION CARRIED: 3 -1-1
AYES: Shanks, Deaton, and Roberts l'
NOES: Ladner I\.. ~ ,
ABSENT: O'Malley OR 1"'''-
Mr. Whittenberg stated that there is no final decision at this point and Staff will prepare a
resolution for presentation at the December 7, 2005 Planning Commission meeting that
reflects the intent for final PC review. He noted that once the PC takes action to adopt a
resolution then the 10-day appeal period will begin.
Mr. Abbe clarified that this resolution would not be a public hearing item, so there would
be no need to present additional testimony.
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. . . .
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A1co11ol Ucenses &: In-Lieu PllllclRg SlIIluS.CC S1alfReport
16
Provision of Iiformation - Alcohol License.s
and In-Lieu Par1dng Issue.s, Main Street Specific Plan Area
City Council Staff Report
December 12, 2005
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ATTACHMENT 2
DRAFT PLANNING COMMISSION MINUTE
EXCERPT, CONDITIONAL USE PERMIT
05-14, NOVEMBER 9, 2005
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Alcohol Li.....' &: In-Lieu Parking Status.CC StalfReport 17
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Provision of Iiformation - Alcohol License.s
and In-Lieu Par1dng Iss..e.s, Main Street Specific Plan Area
City Council Staff Repon
December 12,2005
6. Conditional Use Permit 05-14
302 Main Street
Applicant/Owner: Michael Rosetti I Henry K. Warno
Request: To establish a new restaurant with a Type 47 alcohol license (full
service) with operating hours of 10:30 a.m. to 11:00 p.m. SUnday to Thursday,
and 10:30 a.m. to midnight on Friday and Saturday.
Recommendation: Approval and adoption of Resolution 05-62, subject to
conditions, and as may be further revised by the Commission after considering
public testimony.
OR~f1
Staff Reoort
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Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this. item and
explained that the application is to convert a portion of the old Comer Drug Store
building into a new restaurant with a full liquor license allowing the sale of distilled
spirits. He again noted that the PC does not have the authority to change the hours so the
PC would be considering the establishment of the restaurant and the service of alcohol.
He reviewed the parking standards as 1 parking space per 100 square feet of floor area,
which would create the requirement of 19 parking spaces for this location. He stated that
under the provisions of the Main Street Specific Plan (MSSP) parking standards it has
been given a credit for two parking spaces for the previous use as a drugstore, leaving a
remaining requirement of 17 spaces at the $3,500 per space fee. He then indicated that
the on Page 6 of the Staff Report provides current information on the number of licenses
under ABC criteria for over concentration broken down by census tracts with Tract 99-
511 comprising Old Town from Pacific Coast Highway (PCH) to the Electric
AvenueIMarlna Drive area and Tract 99-512 encompassing the remainder the coastal Old
Town area down to the Pacific Ocean. He explained that ABC criteria is based upon
average population throughout Orange County and allows one on-premise license per 952
residents, which would translate into an over concentration if there are more than 7 on-
premise licenses within the Old Town area, and currently there are 25 existing licenses
with Old Town, which includes Main Street, and businesses along PCH and Marina
Drive. He stated that under the CUP requirements the City retains the ability to review
applications for new on or off-premise liquor licenses and make case-by-case
determinations as to whether a new use is appropriate within the community and can be
conditioned so that it is not detrimental to the surrounding neighborhood. He then
reviewed the overview of statistics from SBPD regarding reported incidents for 2004 as
listed on Pages 8 and 9 of the Staff Report. The Director of Development Services then
indicated that there are 4 businesses on the property (The Abbey Restaurant, The
Furnace, and a new bedding shop) and for this 302 Main Street there is no parking
provided.
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Alcohol Li...... &: In-LiOll Parking Status.CC StalfReport
18
Provision of Iiformation - Alcohol License.s
and In-Lieu Parking Issue.s, Main Street Specific Plan Area
City Council Stoff Repon
December 12, 2005
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Commissioner Ouestions
Commissioner Deaton asked for an explanation of how these larger buildings can be
subdivided without having to come before the Plli.nning Commission (PC). Mr.
Whittenberg stated that there is no City Ordinance that requires that a subdivision of store
space to come before the PC. He indicated that this is only required when a use IS
proposed for an area within a commercial building that requires approval of a Conditional
Use Permit (CUP). Commissioner Deaton expressed her concern with the subdivision of
a building and creating more businesses and more parking shortages. Mr. Whittenberg
noted that in order to address this concern it would require an amendment to the MSSP
and to the Main Street Zoning Standards. ~~
Chairperson Shanks opened the public hearing. Q~~
Michael Rosetti stated that he grew up in this area and now he wants to add to the city by
providing a Hawaiian theme restaurant. He indicated that the restaurant designer, Davis-
Crimmins, has also lived in Seal Beach and is very familiar with it. Mr. Rosetti stated
that he has worked in and knows the restaurant business very well and he believes this
small restaurant will be a good fit for Seal Beach. With regard to parking, he stated that
they are willing to help the parking situation and pay the in-lieu fees. Commissioner ..
Roberts noted that the bar area appears to be very large relative to the overall floor area, _
which will be a problem. Mr. Rosetti stated that there are 8 seats at the bar, with 2
additional seats for handicapped use. Commissioner Roberts asked if the plan includes a
full bar or just tropical drinks. Mr. Rosetti stated that they would feature tropical drinks,
but would have a full bar.
Joyce Parque spoke in opposition and questioned how this application could have been
accepted when there is no parking available. She stated that all of the restaurants in town
had been grandfathered in and the only way to start a new restaurant would be to
purchase an existing restaurant.
Chairperson Shanks asked for a quick explanation of the amount Mr. Rosetti would have
to pay for additional parking. Mr. Whittenberg referred to Page 33 of the Staff Report
and explained that the MSSP Zoning standards allow for approval of certain uses through
the CUP process, such as coffee houses, dessert shops, etc., with seating for more than 10
customers and when the gross square footage exceeds 1,000 feet; also, automatic ice
vending and coin-operated amusement machines; commercial activities operating
between the hours of2:00 a.m. and 6:00 a.m., entertainment cafes, gas stations located on
a major arterial, liquor establishments as part of a grocery store, movie theaters, parking
garages, pet shops, private parking lots, professional offices facing Main Street or Ocean
Avenue, recycling facilities, and restaurants with or without alcohol sales. The City will
not prohibit anyone from applying for a CUP to establish any of these uses on Main
Street, and when an application comes before the PC, the Commission decides whether to e
approve, deny, or approve the application subject to any conditions they feel are
Alcohol Li_ &: In-Lieu ParIdlIg Stslus.CC SlBlfRoport 19
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Provision of Information - Alcohol Licenses
and In-Lieu Par1dng lssue.s, Main Street Specific Plan Area
City Council Staff Report
December 12, 2005
appropriate. The Director of Development Services indicated that Staff is required by
law to accept an application that meets all of the standards of state law and City
requirements. He emphasized that no one can be denied application for a CUP when the
Zoning laws allow this. With regard to this application, Mr. Whittenberg reported fuat it
would require 17 in-lieu parking spaces for a one-time fee of $3,500 per space for a total
fee of$59,500.
Mario Voce stated that the reason for the low incident rate for the 300 block of Main
Street as reported by SBPD is due to the lack of bars along this block. He indicated that
as the number of bars is increased there would be more incidents occurring.
David Rosenman stated that even with the smaller bar he is still troubled by this proposal.
He questioned the success of another restaurant in this area and noted that many
restaurants make up for the lack of dining sales through the sale of hard liquor. He
agreed with Commissioner Deaton's suggestion that the assistance of City Council be
sought to seek a solution to the parking problem. He said that this looks like a bar and
Seal Beach doesn't need another bar. R ~fl
Mitzi Morton spoke in opposition and asked for Parification on what the total seating for
the restaurant would be. Commissioner Roberts reported that the seating is appears to be
- approximately 24. Mr. Whittenberg added that the ultimate seating would be determined
by the OCFA. Ms. Morton inquired about the parking for the proposed restaurant. Mr.
Whittenberg stated that for the 1,865 square foot area for the new restaurant would
require 19 parking spaces, with a credit of 2 parking spaces granted for the parking
grandfathered in with the former drugstore use, leaving a requirement of 17 parking
spaces. Ms. Morton eJCplained that with all of the restaurant uses on Main Street with no
parking, patrons are parking on Eighth and Tenth Streets and City residents are not able
to find a parking space when they wish to shop on Main Street.
Roger West spoke in opposition and noted that'ihe church behind this property also has a
parking problem, so perhaps a parking agreement could be worked out between the
church and the restaurant. He stated that this is just a "saloon under the guise of a
restaurant."
Commissioner Deaton asked how many patrons Mr. Brian Rosetti feels he would have to
seat in order for this restaurant to be successful. Mr. Rosetti stated that they would need
48 seats. He said that he has visited Seal Beach for many years and enjoys eating at
Walt's Wharf, but he does feel that there are many good restaurants on Main Street, and
he believes that they can bring something more upper class that would serve high quality
food. He stated that he and his brother have worked in many restaurants and have
learned that good food and good service are a priority, with drinks being secondary.
- There being no one else wishing to speak, Chairperson Shanks closed the public hearing.
Alccholl.iootwel &. In-Lieu Pad<ing St8lUs.cc Stall"Roport
20
Pruvision of Iiformation - Alcohol License.s
and In-Lieu Parking Issues, Main ~eet Specific Plan Area
City Council Staff Repon
December 12, 2005
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Commissioner Comments
Commissioner Roberts stated that the arrest statistics have hit home with him and he
cannot in good conscious contrib1;lte to this by approvinl ~e of alcohol service for
thisrestaurant.. t)ilf'r\
Commissioner Deaton stated that the City still needs to resolve the parking issue, as
$60,000 is a lot of money, and this still does not provide parking for one car. She said
she would vote to deny based upon parking and the request for liquor service. Mr.
Whittenberg clarified that the PC can deny CUP 05-14 as presented, or it can approve the
restaurant without the sale of alcohol. He stated that if the restaurant is approved without
alcohol, the Zoning Ordinance automatically allows for the utilization of the in-lieu
parking program to meet the parking standard, and would not have the authority to say no
to .the in-lieu parking, as this is left to the discretion of the Director of Development
Services, but an appeal to the PC can be made once a The Director of makes a decision,
and this would require a public hearing and would only happen if the PC were to approve
the restaurant and deny the alcohol service. Commissioner Deaton asked on what
grounds the PC could deny the restaurant. Mr. Whittenberg explained that the PC could
deny based upon incompatibility of the restaurant with the neighborhood.
Chairperson Shanks stated that what Commissioner Deaton is referring to is whether the e
proposed used does not conflict with the MSSP goal to establish and maintain a balanced
mix' of uses that serve the needs of both local and non-local populations. Mr.
Whittenberg added that this would be one of the areas of findings that Staff could look at,
and there is a specified set of findings for CUPs in the MSSP, and if the PC feels the
restaurant use does not comply with those findings, then Staff could return to the PC with
a final resolution that incorporates these findings. Chairperson Shanks stated that from
an aesthetic point, the wall along the old railroad right-of-way is a solid wall, and if this
were to be a nice restaurant, windows could be placed here instead to provide a more
aesthetic look towards the greenbelt. Chairperson Shanks also noted that in the past the
PC has approved restaurants with alcohol service, and if the food service doesn't go well,
then alcohol seems to become more important and restaurants being promoting "happy
hours" and alcohol sales increase. He then requested a motion.
MOTION by Deaton; SECOND by Roberts to direct Staff to prepare a Resolution for
Conditional Use Permit 05-14 to approve a restaurant and deny the sale of alcohol.
MOTION CARRIED: 4 - 0-1
AYES: Shanks, Deaton, Ladner, and Roberts
NOES: None
ABSENT: O'Malley
Mr. Whittenberg stated that there is no final decision at this point and Staff will prepare a e
resolution for presentation at the December 7, 2005 Planning Commission meeting that
Alcohol LiCOll5CS &: In-!.Ieu Parking Sl81us.CC SIBffRcport
21
Provision of Information - Alcohol License.s
and In-Lieu Par1dng Issue.s, Main Street Specific Plan Area
City Council Staff Report
December 12, 2005
e
reflects the intent for final PC review. He noted that once the PC takes action to adopt a
resolution then the 10-day appeal period will begin.
O\t~f1
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Alcohol Li......." In-Lieu Parking Sta1us CC SUdfReport
22
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Pruvision of Information - Alcohol License.s
and In-Lieu Par1dng Issues, Main Street Specific Plan Area
City Council Staff Report
December 12, 2005
ATTACHMENT 3
EXCERPTS OF "BACKGROUND STUDIES,
MAIN STREET SPECIFIC PLAN, CITY OF
SEAL BEACH", PREPARED BY ZUCKER
SYSTEMS WITH LINSCOTT, LAW &
GREENSPAN, ENGINEERS, DATED
JANUARY 1995
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Alcohol Licenses &: In-Lieu Porking StalUS.CC SlldfReport
23
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, A IUCK[f\~
1IIi\h Linscott. \.8111 &. Greenspan. Engineers
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BACKGROUND STUDIES
MAIN STREET SPECIFIC PLAN
CITY OF SEAL BEACH
e
January, 1995
By Zucker Systems
with Linscott, Law and Greenspan
.-
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TABLE OF CONTENTS
1
INTRODUCTION AND SU1\II.\fARY....................................................... 1
n :rN1ERVlEWS ............................................................................................................ 7
1. Backgroun.d ............................;.............................................:.............................. 7
2. Vision of Seal Beach - What People Like the Most .......................... 7
3. 'Wllat People I..ike 'tl1e l..east......................................................................... 8
4. Land Use Issues......................................--............-..--....................................... 9
5. Design Issues.............,..,..................................................................................... 10
6. Sig:r1s ........................................................................................................................ 11
7. Parking...............~.........,........,.............................................................................. 11
8. Alleys...................................................................................................................... 14
9. Other Issues ....................................................................................................... 14
10. Expectations for the Specific Plan........................................................ 15
III.
OHNI:ON'8lJR\lEY:...............................................................................................16
1. Overview .............................................................................................................. 16
2. Survey Responses ............................................................................................16
3. Image of the Area............................................................................................18
4. What People Like the Most ....................................................................... 19
5. What People Like the Least....................................................................... 20
6. Bu.sinesses............................................................................................................. 21
7. IJesigrllsst1es......................................................................................................... 24
8. .Am.emties.............................................................................................................. 25
9. Par'king Issues ...................................................................................................27
Main Street Specific Plan
Zucker Systems
w. GENERAL PLAN AND ORDIN'ANCES................................................ 31
1. General Plan..............................._.....~..................................................31
2. Specific Plan .........................................._...................,...................................... 32
3. Zoning Code .......................................................................................................36
4. Other Ordinances.......................................,.................................................... 40
v. IANDUSE.............................................................................................,.................41
1. Overview .......................................,...................................,..,..............................41
2. Main Street ........................................................................................................43
3. Adjoining Residential Neighborhood .........................._...................... 46
4. Food and Beverage Establish:m.ents .....................,................................. 48
5. Issues..................................................................................................:................... 49
VI. P.AR.ION"G AND TRAFFIC ............................................................................ 53
1. Introduction ...........................................................................................,......,.... 53
2. Description ofthEi Study Area................................................................... 53
3. Circulation Overview...........................................................,........................ 54
4. Parking Inventory ...........,.............................................................................54
5. Residential Parking Permit Program................................................. 60
6. Merchants' Parking PrograIIl.....................,........................................... 61
7. Parking In-Lieu Program .........................................................................61
8. Parking Demand Analysis .........................................................................64
9. Parking Opportunities ................................................................................. 69
10. Theoretical Parking Demand................................................................ 71
11. Summary of Parking Findings................,.............,............,................. 74
12. Parking Alternatives ..................................................................................76
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UBB.AN DESIGN...................................................................................................77
1. StozrefIont Wmdo'ws...........................................__......................................... 78
2. B\1il.ding Set-Backs ........................................................................................... 80
3. Facade Continuity ........................._................................................................ 84
4. Screening of Parlri.ng .........................................................................._....... 86
5. S'treet Trees ......_.__...__...................................................................................90
6. Design Theme...........:.......................................................................................92
7. Building Scale..........................................,......,.......,...................................,...... 93
8. Trademark Buildings .......................,...........................................................95
9. Building Height................................................................................................ 95
10. Utility Poles............................................,......................................................... 98
11. Newsracks ....................................................................................................... 99
12. Benches..............................................................................................................99
13. Bicycle Facilities ............................................................................................99
14. Street Lighting .............................................................,................................. 99
15. Paving Sur.fuces.......................,............................................,.....................100
16. Rear .Alleys ___...........,nn.................................................................................100
"VDI. .AB 1600.................................................................................................................... 102
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APPENDIX
A MAIN STREET SPECIFIC PLAN
B. C-l ZONING REGULATIONS
C. WINDOWS I TRANSPARENCY
D. SURVEY OF COMMUNITIES
E. PARKING UTILIZATION TABLES
F. OPINION SURVEY AND SUMMARY OF RESPONSES
G. STREET LEVEL 1994 LAND USE SURVEY
LIST OF FIGURES
1II-1 NUMBER OF SURVEY RESPONSES BY BLOCK FACE............ 17
V-1 SPECIAL LAND USES ........................................................................................ 42
VI-1 EXISTING TRAFFIC CONTROLS...........................................................55
VI-2 PARKING RESTRICTIONS.......................................................................... 57
VI-3 STUDY PARKING AREAS........................................................................:..... 5 8
VI-4 FIRE STATION LOT .......................................................................................... 71
VI-5 10TH STREET & CENTRAL LOT ............................................................. 72
VII-1 URBAN DESIGN ISSUES............................................................................. 77
VII-2 FACADE CONTINUITY ................................,..............................................85
VII-3 STREET TREES ..................................................................................................91
\1IT.-4 B~rnG ImIGIU........................................................................................96
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LIST OF TABLES
I-I Summary of Opinion,s Concerning Main Street ........................................ 3
moOl S~ Respondents............................................................................................. 16
III-2 Number of Responses to Survey by Street................................................ 18
IH-3 Image of the Area Responses ..........................................................................19
IH-4 What Survey Respondents Like Most About the Main St. Area... 19
IH-5 What Survey Respondents Like Least About the Main St. Area. 20
HI-6 Respondents' Feelings About Whether There Should Be
More Of, Kept the Same, or Less Of Selected Businesses.................. 21
III-7 Percent of Business - Local VB. Tourist....................................................... 22
,IH-8 Main Street Respondents' Opinions Regarding Creation of
A Business Improvement District for Main Street ............................. 23
III-9 Improvements Desired for Main Street.................................................... 25
HI-I0 Who Should Be Responsible for Providing Main Street
A:rnenities?............................................................................................................... 26
III-ll Does the Main Street Area Have A Parking Problem?................... 27
IH-12 There Is A Parking Problem But Seal Beach Is A Beach Town
and Needs to Learn to Live With It ........................................................... 27
III-13 Do You Favor the Use of Parking Meters on Main St.?................28
III-14 Solutions to Parking Problems..................................................................... 28
1II-15 Do You Favor the In-Lieu Fee Parking Program? ..........................29
III-16 Who Should Fund Parking Improvements?........................................ 29
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V..1 Land Use .....................................................................................-.....................................45
V -2 Establishments Serving Alcohol..................__................................-...............49
VI-l Eighth and Tenth Street Beach Lot Parking Fees ..._..........................60
VI-2 In-Lieu and Parking Mitigation Program Participants............~.....62
VI-3 Parking Lease In Old Town............................................................................. 63
VI-4 Existing Funds for Parking Improvement..............................................63
VI-5 Bonding Ability from In-Lieu Program..................................................... 64
VI-6 Saturday Non-Peak Season Parking Occupancy Analysis............. 65
VI-7 Saturday Peak Season Parking Occupancy Analysis ........................ 67
VI-8 Parking Inventory Summary......................................................................... 73
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I. INTRODUCTION AND SUMMARY
In our proposal to prepare this Specific Plan, we suggested the following
opinions:
tI Current Land Use Mix
Seal Beach downtown currently has a unique mix of residential
serving commercial (both retail and service), visitor serving
commercial, public and semi public uses, parks and open space
and residential. This mix presents one of the best "small town"
mixes we've seen anywhere in the State. This type of mix can be
very fragile. The Specific Plan study needs to document the mix,
look at the trend of the mix, predict the trend, and help the City
determine the appropriate mix. Both the commercial area and
residential areas need to maintain long term viability.
t/ Design
Seal Beach downtown currently has a delightful mix of
architecture appropriate for a "small town" atmosphere. The
views and trees tend to pull it all together. The last thing we
believe the City needs is the unifying, "cutesy" design concepts
contained in many downtown design guidelines. We see the
design guidelines focussing on a few key variables that can
reinforce the current feel of downtown and help preserve it for
the future.
tI Parking
There may well be an overall shortage of parking. However, an
even more serious issue appears to be parking management and
the distribution of parking spaces. Parts of downtown have excess
capacity, other parts have inadequate capacity. The City
currently has a number of actions underway to address this issue.
The Specific Plan needs to look at parking needs and supply but
also must look at parking management. The City should also
recognize that the management needs will change over time,
Although there is considerable science involved in parking studies
- there is also a large component of human interaction. We won't
really know how people will respond to parking time limits or fees
until they are put in place. These variables can be adjusted to
achieve desired results.
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VISION
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II'Alleys
Most of the alleys do not lend themselves to dual store front
entrance schemes or public parking schemes used in many
communities. This is due to the small size of parking areas,
loading needs, and concerns for how these areas relate to the
abutting residential uses. We see the need to do some detailed
alley planning as part of the Specific Plan.
II' Change Dynamics
The City should think of downtown as a dynamic organism. The
Specific Plan will help establish the vision and set measurable
goals and parameters. It. will also show how these should be
monitored and used over time. For example, land use issues
include vacancies, sales tax, nuisance complaints, changing
products and markets and beach usage. Parking issues include
price, length of stay, and over all demand.
Mter completing our detailed research, we believe our initial
impressions continue to be sound. However, we believe there is little
planning that needs to be done in the alleys.
There is considerable agreement of opinion amongst the people we
interviewed, the opinion survey and our personal observations. Most
importantly, there appears to be agreement on the vision for Main
Street as follows:
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. The Main Street area is particularly important because it is the
heart and soul of Seal Beach. The vision for Main Street is small
town America. Important features include a family town ~th
friendly people who care for each other. A pedestrian oriented area
where people walk and feel safe on the street at night. An area with
both architectural and economic diversity with a mix of business,
housing types and institutions.
The key question is how to retain this vision for Seal Beach. Town after
town, across the country has learned the high price of prosperity. What
were once delightful small towns and main streets have become just
another boutique heaven. Seal Beach will change. The question is what
direction will the change take and what will be its pace? Some forces such
as the big box retailers are outside the City's control. Other forces such as
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architecture, liquor licenses, and parking can be heavily controlled or
impacted.
There are many complex inter-related issues to be considered for Main
Street. Opinions on these were gleaned from our interviews, the opinion
survey and our own experiences. To assist readers with the review of this
extensive background report, we've summarized much of this material in
Table 1-1. As can be seen there is considerable agreement on many of the
issues.
TABLE 1-1
Summary of OpinionS Concerning Main Street
TOPIC INTERVIEW OPINION CONSULTANT'S
OPINIONS SURVEY FINDINGS
Draft Vision for
Main Street Agree Agree Agree
Land Use
e Alcohol serving
businesses need
careful control. Yes Yes Yes
There is concern
in relation to
amplified music. Yes Yes Yes
More retail is
desired. Yes Yes Yes
Design
Eclectic archi-
tecture is
appropriate. Yes Yes Yes
Design review
for buildings. Maybe Yes Maybe
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TOPIC
INTERVIEW OPINION
OPINIONS SURVEY
CONSULTANT'S
FINDINGS
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Who Pays?
Main St. and City
should share. Maybe
Maybe
Yes
Create a Business
Improvement
District. Maybe
Maybe
Maybe
Based on the work completed to date, some of the key choices or
alternatives for the City include the following:
Land Use
1. A unified approach to alcohol serving businesses and businesses
with music should be developed.
2. The number of certain types of businesses could be directly
regulated. An alternative approach would be to encourage certain
types of businesses and discourage other types through parking
regulations. For example, parking could be waived entirely for
certain types of uses like retail, drug stores, grocery stores, etc.
Parking could be required for restaurants or stores exceeding a
certain size.
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3. Stores exceeding a certain size could be prohibited in order to
maintain the scale of Main Street.
Design
1. Design controls could be adopted requiring design review for
remodels and new buildings. As an alternative, design criteria could
be written to be applied in the use permit process, for building
permits, or only applied to selected uses. It appears that minimal
rather than maximum controls may be desired in order to continue
the eclectic design theme.
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II. INTERVIEWS
e 1. BACKGROUND
As part of preparation for the Specific Plan, twelve interviews
were held on May 13, 1994. The interviews were held on a one-
on-one confidential basis with members of the City Council,
Planning Commission and Community representatives.
The interviews were intended to help focus community issues,
assist' in preparing the questionnaires to be distributed to residents
and businesses, and to help establish a vision for downtown.
2. VISION OF SEAL BEACH - WHAT PEOPLE LIKE THE MOST
There is virtually a unanimous agreement on what people like
the most, expressed by the words "small town". As expressed by
one person - "a big time, small town feeling"; or by another, "like
dropping a small town from Iowa into southern California."
Small town means:
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Mix of business
Pretty
Some character
Different than the rest of southern California
Variety of buildings
Quaintness
Friendliness; very friendly people
Architectural diversity
Family town - family oriented
Interplay of residents
Physically isolated
Large sense of community
Feel safe walking the streets at night, low crime rate
People care for each other
People value education
Economic diversity
Comraderie
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Small town doesn't mean
Balboa Island
Belmont Shores
Huntington Beach
Long Beach
Consultant's Cnn'l1nents:
Our impression to date can be characterized by the following draft
vision:
VISION
The Main Street area is particularly important because it is the
heart and soul of Seal Beach. The vision for Main Street is small
town Ameripa. Important features include a family town with
friendly people who care for each other. A pedestrian oriented
area where people walk and feel safe on the street at night. An
area with both architectunil and economic diversity with a mix of
business, housing types and institutions.
3. WHAT PEOPLE LIKE THE LEAST
Some of those interviewed couldn't think of anything they liked
the least - i.e., "it's great as it is." Others suggested:
.t Traffic in residential areas
.t Lack of parking
.t Anti-business attitudes
.t Special events help food places but not services and retail
.t Attitude of business owners
.t Darkness on Main Street
.t Trees breaking up sidewalk
.t Stores close too early
.t Too many beauty shops - no retail
.t Economically the pits
.t Rents are too high
.t Restrictive climate for business
.t Too many alcohol serVing businesses
.t Can't buy anything here, i.e., suits, refrigerators, cars
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,/ Crowds in summertime
,/ Business community isn't in sync with the rest of the
town
4. LAND USE ISSUES
People like the current mix of uses on Main Street. However,
some feel it would be desirable to:
,/ Have more retail, things people can buy
,/ Have less beauty parlors
,/ No more alcohol serving businesses
'/Have more unique businesses _
,/ Businesses that would bring in other new businesses
,/ Resident entertainment - no amplified music
,/ Have 20-25% more high end business
However, there appears to be considerable reluctance to try to
regulate the mix with the exception of alcohol serving businesses.
Issues include:
A feeling that many retail businesses can't compete on
Main Street with the large chain stores in surrounding
areas.
In the final analysis the market will dictate anyway, can't
swim upstream.
This is a beach town, some ofthe uses go with the territory.
There is a high turnover of businesses.
Mix is irrelevant.
Like to grow dollar wise but not at the expense of the
ambiance.
Only businesses who want to come here are tourist oriented.
Mix is an unsolvable problem.
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Restaurants, bars and liquor licenses were subject to much
discussion. Many people feel the area already has too many liquor
licenses. However, one person suggested this is a red herring. The
only reason there are so many liquor licenses is due to many
restaurants. This shouldn't be an issue for restaurants primarily
serving food.
Some suggested that after 11 p.m. restaurants actually function
like bars. There is some concern about inequity of current
regulations regarding closing times. The concern in relation to
liquor licenses is the potential for increased noise, crime and a
diminishing, of the family atmosphere. Some consider a couple of
locations as the only real problems.
Consultant's Comments:
It appears that the plan should include a clear policy in
relation to liq'uor licenses and terms of operation. It mayor
may not be appropriate to limit other type of uses, however,
incentives might be created to encourage certain uses and
discourage others.
5. DESIGN ISSUES
The existing diverse, eclectic architecture is strongly supported.
No one wants a uniform design scheme or theme -a "cookie cutter
town". Buildings that were criticized generally consisted of
contemporary glass, metal, or hard surfaces. A number of new
remodels are liked including B.J.s, and the Christian Book Store.
Although some favor creating a design review process, others
strongly feel this is unnecessary.
Specific design suggestions included:
" Year-round lights in the trees
"More benches (some said there are already too many)
,{Window boxes, barrels with flowers
./Keep height limit low
" Better lighting
" Repair sidewalks
" Replace existing trees
"Bury power lines
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Consultant's C()JTIments:
The eclectic architecture is totally appropriate for the small
town theme. Although in theory design review can help to
keep this theme, in practice, design review can be difficult to
administer and often leads to unintentional results. A more
appropriate approach for Seal Beach could be to set certain
additional requirements in the Specific Plan without adding
a formal design review process. Criteria could also be
suggested for those uses requiring a use permit.
6. SIGNS
There were no complaints or suggestions concerning business
signs. Evidently the current ordinance is working quite well.
Some discussion' took place concerning signs demarking or
advertising Main Street. There was little or no support for an
arch over Main Street or any large signs advertising Main Street.
Some more modest signage at Pacific Coast Highway could be
acceptable.
Consultant's Comments:
We agree that an arch or large sign advertising Main
Street would appear to be out of character with the small
town image.
7. PARKING
Generally people feel there is a parking problem in downtown.
Differences arise as to what to do about it. One person suggested
you could level everything and there would still be a problem.
Some feel the problem has been magnified more than it is. It is
suggested that in a beach town you need to learn to live with it. It
was also strongly suggested that the problem may be
management of existing spaces rather than the need for new
spaces. Some felt the problem is beach users rather than
shoppers.
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Problems are suggested as:
During the summer
Fridays and Saturdays
Mealtimes, particularly noon
Short term in and out parking
The two-hour limits are not well enforced.
People who work in businesses leave cars on the street
People with lot stickers still park on the street
City employees park on 8th Street instead of using the city
lot
Competition at 5:00 p.m. between residents and restaurant
workers
Residential garages are used for storage or illegally
converted to apartments
The overriding concern for adding parking would be - who pays,
and how to fund any improvements? Specific issues were
discussed as follows:
a. DeckingtheBeachLot
A few people support decking of the beach lot if it could be
funded and not block the views. Most however were less
than enthusiastic due to concern of view blockage, law
enforcement and crime issues, further tipping the balance
to tourists, negative impact on the character of the beach,
and "it would be ugly".
b. Better Utilization of Beach Lot
Everyone felt the beach lot could be better utilized. Ideas
included:
Open at night
Variable fee schedule for short-term parking
Merchants validation program
Educate people th9,t they can use stickers on this lot
Use for restaurant valet parking
Shuttle bus during peak restaurant hours
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c. I)Nolrl"'g 8th Street (Fire Station) Lot
People were split down the middle on the issue of decking
the 8th Street lot. Some felt that this would be a good
solution if not too costly or ugly. Others felt this would
introduce additional traffic into a residential area, add noise,
destroy the village small town atmosphere and would be
ugly.
It was suggested that this lot is already used after 5:00 p.m.
by the public when the parking control officers go home,
and that the lot should be signed to allow that type of public
use,
d Parking Meters
There were mixed views on the topic of parking meters.
Some felt they work well as demonstrated in other
communities. They raise revenue and help to manage the
time limits since today people rub off the chalk all the time.
The cost/revenue of parking meters is not well understood.
If used they should be more aesthetically attractive than the
prior meters.
Others were strongly opposed to parking meters. It is
suggested that they do not fit the small town atmosphere,
are aesthetically unacceptable, and create a subtle negative
feeling with customers. It was suggested instead that the
merchants pay the equivalent of the meter revenue.
Another idea was to allow residents to park at the meters
free.
e. In.Lieu Fees
There is considerable confusion surrounding the in-lieu
parking program. Some consider it illegal and unfairly
enforced. In some cases it's viewed as punitive. There is no
clear program for spending the dollars. It is negative to new
uses vs. existing ones. However, merchants and property
owners in other parts of town must pay for parking so why
not on Main Street?
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f. Otherldeas
Better utilization of 1st Street lot
Decking City lot in the 100 block of Main Street
Diagonal parking on Electric
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Consultant's CnmTnEmts:
The parking issues will be examined as part of the specific
plan. It is very clear that there is first and foremost a
parking management problem. The appropriate number
and type of spaces will be examined in the study.
8. ALLEYS
A number of issues were raised concerning the alleys behind
Main Street. Some felt they could be better utilized for customer
parking, others felt this would add to noise and general intrusion
into the residential areas. Issue and ideas included:
Limit the hours that back door entry and exits can be used
Better lighting
More uniformity to the backs of the commercial buildings e
Remove some storage in favor of parking
9. Ol'lll.at ISSUES
a. Communication and Implementation
A major issue appears to be the lack of good working
relations between owners, businesses and residents. Some
see the Business Association as being negative on most
issues. Others see the city in general as having a negative
business attitude. There appears to be a lack of a good
forum to pull everyone together.
b. Who Pays
A big issue is who should pay. Some feel the Main Street
area is a net financial deficit to the city so merchants and
owners should pay for all improvements. Others feel Main
Street is important to the entire community and should be
supported on a broader basis.
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1. OVERVIEW
Some caution is in order for readers of the survey responses. The
survey can be helpful in shaping the Main Street program, but is only
one of a variety of factors to be considered. Furthermore, opinions tend
to have a short shelflife and can change based on new information.
2. SURVEYRESPONSES
An opinion survey, as shown in Appendix F, was mailed to 1200
property owners, residents and businesses in the Main Street area at
the end of September and into October.
502 surveys were returned for a return rate of 42%. This is a better
than normal response rate for this type of survey.
Survey respondents are shown in Table III-1. There was a good mix of
owners and renters, both for businesses and for residential respondents.
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TART ,F. m.1
SurveyResponilen1B
TYPE
Owner of a business in the area.
Owner of a business property in
the area.
I reside in the Main Street area as
a renter.
I reside in the Main Street area and
own my dwelling.
# RESPONDING
80
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207
38
2.Q.Q
552*
.an
100
. * Note: Some respondents fit more than one of the categories.
Tbe responses by block are shown in Figure III-1 and listed in Table III-
2. Responses were generally evenly spread throughout the Main Street
area.
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Tntqga of the Area Respons'l!S
~ NIDtmER
Statement represents
your image. 418
Statement does not
represent your image. 39
No Opinion fi
462
4. WHAT PEOPLE LIKE THE MOST
~RCENTAGE
91%
8%
a
100%
Respondents were asked to list what they liked the most about the Main
Street area as summarized in Table 1II-4. As shown in the Table, the
respondents mostly value the small town diversity that is friendly, safe
and close to home. It is also noteworthy to see the large number of
respondents that value the restaurants.
TABT.R m-4
What Survey Respondents Like Most About
. TheMainSt...eetArea
TOPIC
Intimate small town
Diversity
Friendly people
Safe, friendly
Close to home
Restaurants
Nice place to walk
Unique/Quaint
Close to beach
NUMBER
OF FAVORABLE
RES:roNSES
180
100
72
70
64
41
31
27
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TOPIC.
. Privately owned and
interesting shops
Trees
Post Office
Unpretentious
Shops and services
Grocery store
BofA
5. WHAT PEOPLE LlKE THE LEAST
NUMBER
OF FAVORABLE
jiESPONSES
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Respondents were asked to list what they liked the least about the Main
Street area as summarized in Table III-5. The overabundance of bars
and liquor licenses was mentioned the most often, closely followed by
parking problems. Problems with drunks, homeless and panhandlers
was also prominent in the responses.
TABLE m.5
What Survey Respondents Like Least About
The Main Street Area
TOPIC
Establishments with liquor
licenses - particularly bars
Lack of parking
Drunks, homeless, and
panhandlers
Traffic
Tourist shops and art
galleries
Beauty shops
Lack of diversity
Skateboarders
Gangs
Lighting
NUMBER OF
RESPONSES
97
82
53
31
23
20
18
14
13
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T.QElC.
NUMBER OF
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Property maintenance
Trash overflowing
Lack of entertainment
Lack ofrestrooms and
restroom maintenance
6. BUSINESSES
A variety of questions were asked to obtain respondents' opinions about
businesses in the Main Street area. Respondents would like to see more
restaurants of all types including outdoor. Also high on the list were
bookstores, clothing, grocery, coffee houses and yogurt. Retaifof all
types was general favored. Respondents overwhelmingly would like t9
see fewer bars, liquor stores, beauty shops, nail shopa and T-shirt shops.
Table III-6 asked a similar question using closed end questions.
TABLE m-6
e Respondents' F_liTllf'About Wh...tnel"'Ib.ere Should Be
More ~ Kept the ~Tl'Ie, or less ofSeIectedBusinesses
TYPE OF BUSINESS MORE OF KEPI'THE LESS OF
&ME
Grocery stores 263 288 10
Book stores 233 172 6
Retail shops 229 185 10
Restaurants 187 182 30
Entertainment establ. 139 168 107
Clothing stores 128 235 24
Appliance stores 76 234 76
Furniture stores 73 206 78
Services (office, financial) 69 250 72
Medical care 63 227 50
Fast food restaurants 43 182 171
Hardware stores 39 365 3
Bars 22 218 191
Services (beauty, nails, etc.) 20 182 184
Liquor stores 17 234 154
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Main Street Specific PIan 21 Zucker Systems
Respondents were asked about a number of business related issues and
answered as follows:
.... 32% approve of amplified music
.... 86% approve of non-amplified music
.... 48% would like retail businesses to stay open later at night
.... 26% woul~ not like them staying open
.... 26% had no opinion
.... 79% feel the current mix of resident-serving vs. business-
serving uses is about right, but
.... 41 % would favor limiting' the number of visitor-serving
businesses.
Businesses were asked to indicate the percent of their business that was
local VB. tourist and visitors as shown in Table III-7.
TABLE ill-7
Per'Cellt ofVJSitor andVl('~l ServingBmrinerses
(Ave:raged by Respondents)
TYPE OF BUSINESS
% LOCAL
% TOURISTS
& VISITOES
o
o
3
5
5
10
10
12
15
15
20
20
25
30
30
35
37
40
Insurance
Pets
Medical
Advertising
Hardware
Professional
Cocktail Lounge
Travel Agency
Clothing
Liquor Store
Boutique
Music
Jewelry
Nails
Nursery
Beauty Shop
Restaurant
Books
100
100
97
95
95
90
90
88
85
85
80
80
75
70
70
65
63
60
Main Street S~c Plan
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Zucker Systems
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TYPE OF BUSINESS % LOCAL % TOURISTS
e & VISITORS
Gift; Shop 60 40
Psychotherapist 60 40
Dental 60 40
Bicycle 60 40
Bakery 50 50
Rubber Stamps 50 50
Frame & Gallery 45 55
Retail 43 57
Legal 40 60
Sporting Goods 40 60
T-Shirts 30 70
Drugs 25 75
Real Estate 23 77
Antiques 20 80
Art Store 20 80
Tax/Bookkeeping 20 80
Video Rental 10 90
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Businesses and business property owners were asked if they would
favor creation of a Business Improvement District for Main Street.
This question was evidently misunderstood since many residential
people responded. Since a district would normally only' be funded by
business, we separated respondents from Main Street as shown in Table
III-8. Although more respondents favor than oppose an improvement
district the high number of no opinion and no answer indicates the
issues may not be well understood.
TABLE m.g
Main Street Respondents' Opinion Re: Creation of
A Business Improvement District for Main Street
CATEGORY N]JMBER PERCENT
Yes 16 30%
No 12 22%
No opinion 18 34%
No answer 1 13%
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Main Street Specific PIan 23 Zucker Systems
Noise Impacts
Food Odors
unruly Cliental
Parking Congestion
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4. FOOD AND BEVERAGE ESTABI.JSHMENTS
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Frequently, the biggest conflict between a commercial center and an
adjoining residential neighborhood is between the residents and the
nearby eating and drinking establishments. Restaurants and their
related activities, i.e. liquor sales and entertainment, serve both the
community and visitors. They also may cause some or all of the
following problems:
Some establishments have none of the above problems, while other may
at times have all of them. How these problems are addressed make for
a successful or poor business/residential relationship.
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In the old town of Seal Beach there are 23 restaurants of which 14 serve
liquor, see Table V-2. Also there are two bars which serve no food and
three other businesses licensed to sell liquor for off-premise
consumption-Seal Beach Liquor, Nip 'n Stuff and Johns Food King.
Seal Beach requires all business . establishments which serve or sell
alcoholic beverages to have a conditional use permit regardless of how
long they have been established. In 1985 only twelve restaurants served
alcohol. In a ten year period three additional licenses have been issued
and one has been forfeited.
Table V-2 also indicates which eating establishments serve alcoholic
beverages and their closing hours. A majority ofthe establishments are
licensed to sell only beer and wine, and generally close between ten and
eleven o'clock in the evening. The two bars and four restaurants with
general liquor licenses (permitted to sell distilled alcohol as well as beer
and wine) are allowed to stay op-en later. All establishments are closed
by 2:00 am.
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Main Street Specific Plan
48
Zucker Systems
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Table V-2
Est4l'bli..hnvmt.z Serving Alcohol
1t'.c:hth1ia'hm.1t.
Food and Beverage
Seaside Grill
"Taco Surf
Pasta Grotto
Don Juan's Taco
Hennessey's
Papillon
~. Wal~'1 Wharf
BJ's Pizzeria
Main St. Cafe & Grille
Mandarin Garden
Bayou St. John
Cafe Lafeyette
Ruby's
Kinda Lahina
EI Burrito Jr.*
Beverage
Clancy's
lrisher
Off Site Consumption
Seal Beach Liquor
Johns Food King
Nip 'n Stuff
*pending
Beerl
Wme
x
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
General Entertain- Closing Hours
~ Sn-Th F-8a
X
X
X
11:00 12:00
10:00 10:00
10:00 11:00
9:00 9:00
1:30 1:300
1:00** 1:00
11:00 12:00
10:00 11:00
10:00 10:00
X
X
10:30
9:00
10:00
11:00
10:00
10:30
10:00
10:00
12:00
12:00
X
X
2:00
2:00
2:00
2:00
X
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X
11:00 12:00
10:00 11:00
2:00 2:00
**8un.--11:00
5. ISSUES
What makes a community special is often the very same factor that
causes pressure for change. The more channing a town appears, the
greater the demand upon the community from the outside. The need to
serve the visitor brings with it new businesses that can change the
character of the town. Main streets like Seal Beac~'s have disappeared
all over the country. Typical issues include:
If they become very tourist popular, tourist uses and chain stores
out bid local uses, driving up the rents and driving out local uses.
Traditional small one-of-a-kind stores have trouble competing
with the big box retailers and chain stores.
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Main Street Specific Plan
Zucker Systems
49
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It is normal to want to protect the special character ofthe community.
Other communities in similar situations have also experienced the
conflict between the town and visitor. We surveyed a number of
communities which have to some extent retained their special
character (Appendix D). When examining these communities and
what they have done to retain the essence of their original commercial
center, it must be noted that frequently no action or limited action has
been as' successful as a full program of regulations and constraints.
Techniques used include:
. Limiting building square footage while prohibiting large
retailers.
· Letting the market dictate uses.
. Setting quotas for certain types of commercial uses.
. Requiring discretionary permits for certain us~s.
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Balboa Island and Laguna Beach, two communities that were surveyed
are examples of two different approaches to town center protection.
Each approach appears to be at the opposite ends to the spectrum from
the other, and yet both communities have to some extent retained their
community character even though there has been considerable
pressure on their town centers.
Balboa Island has no special zoning or restrictions. They rely on the
market to control commercial uses.
Laguna Beach, on the other hand, has adopted a specific plan for its
commercial areas. Their Plan contains seven subareas (3 or 4 blocks
each) which identifies uses allowed by right. All other uses may be
permitted within any subarea with a conditional use permit. Bars and
restaurants are open as late as 2:00 a.m. All live music must be inside a
sound proof building with air conditioning and fixed glass. The hours of
operation are limited by the permit. Smell control is frequently a
condition of any restaurant approval. The City also depends on the
adjoining residential neighborhood's monitoring. If there are any public
complaints regarding a use, the Planning Commission rehears the
item.
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Main Street Specific Plan
Zucker Systems
50
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III
III
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To assist us in understanding how to keep Seal Beach vital and to
protect its village quality, we interviewed owners and managers of
essential village uses (grocery, drug, hardware stores etc.) to see what
they thought about Main Street and what types of positive actions
might be taken. Ideas included:
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Downtown needs to liven up -- perhaps with more live music.
There needs to be a solution to parking problem -- it is a beach
related problem that impacts the whole town and should be
addressed as such.
Government needs to be more business friendly.
City's parking lots should be open on weekends and in the
evenings.
The sidewalks need to be upgraded -- they are a safety hazard.
A new City parking'lot should be built at Central and Tenth
Street.
Store fronts need to be upgraded.
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Something should to be done about the many newspaper racks
along the street.
The problem of panhandlers needs to be resolved.
There was no consensus amongst the businessmen regarding what the
central district needed. However, they all to some degree felt that City
Hall needed to be more positive to the business, and that perhaps, there
were too many restrictions.
In addition to the businessmens' recommendations and the planning
approaches utilized by other small communities, Seal Beach might also
consider:
· Eliminating or reducing the parking requirements for desired
uses,
· Increasing the parking requirements for less desirable uses.
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Main Street Specific Plan
51
Zucker Systems
Main Street Specifi.c Plan
52
Zucker Systems
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All of the above should be evaluated for Seal Beach. The key for Seal
Beach is to design a program that fits Seal Beach's unique community
quality.
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APPENDIX D
Survey of Communities
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RESEARCH FOR SEAL BEACH
Ashland, OR-(502) 488-5305
They have a mixed use zone requiring commercial on the ground floor and
residential above. Strong design and sign controls guide the appearance of the
development. They limit square footage of any building thus prohibiting
Walmarts etc. Parking must be in the back or side, and the number of spaces
allowed cannot exceed the city's standard by more than 10%. The City is assisted
in their objectives by a strong State law that prohibits urban sprawl. They let the
market control the mix of commercial. Without available land to expand out,
the citizen's commercial needs are met within the community.
Avalon, Catalina, CA-(310) 510-0220
They depend on tourism for survival. Therefore, they do not limit the mix of
commercial uses. They relay on the market to decide what is commercially
viable. They have both a commercial zone and a commercial/residential zone.
They utilize the entertainment permit as a method to regulate sound impacts\.
Balboa Island, CA-(714) 644-3215
The City has no special zoning or restrictions. They rely on the market to control
uses.
Berkeley, CA-(510) 644-6534
They have a complex system of commercial zoning. Their ordinance identifies
different commercial overlays areas. Each area has a quota for each type of
permitted commercial use. For businesses that stay open after 10:00 p.m., a
discretionary permit is necessary. Restaurants and night clubs need a special
permit. (I sent for a copy of their ordinance.)
Huntington Beach, CA-(714) 436-5271-
The City's zoning does not addresses the number of any particular types of
commercial use permitted. They rely on their policy positions for approval of
special permits. All restaurants, bars etc. require a CUP. They have a very vocal
community which influences which application receives approval. H a use is
near residential development, the use may stay open until 11:00 p.m. on week
nights and up to 1:00 a.m. on weekends.
Laguna Beach, CA-(714) 644-3215
The City has adopted a specific plan for commercial areas. It contains seven
subareas of 3 or 4 blocks each. Each subareas calls out permit uses allowed by
right. Other uses may be allowed with a conditional use permit. It depends on
the neighborhood. H there are any public complaints regarding a use, the
Planning Commission rehears the item. Bars and restaurants are open until 2:00
a.m. All live music must be inside a sound proof building with air conditioning
and fixed glass. The hours of operation are limited by the permit. Smell control
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Provision of Information - Alcohol License.s
,
and In-Lieu Par1dng Issue.s, Main Street Specific Plan Area
City Council Staff Report
December 12,2005
ATTACHMENT 4
MINUTE EXCERPT RE JOINT WORKSHOP
- DRAFT MAIN STREET SPECIFIC PLAN,
AUGUST 9, 1995-
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Alcchol LIl""'''' &: In-Lieu Parking Status.cc Staff Report
24
Page Seven - City Council Minutes - August 9. 1995
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that that Policy be liar. .pecific .. to how a bi-annual r.vi.w
vill be don.. by public hearing for in.tance. and how change.
vill be lIade to carry out the intent of the Plan. to avoid
vaquenees .. to th. procedure.
H.ving .xpr....d .ppreci.tion to the Council. Commi..ion. .nd
public for th.ir comaant.. the Director of Dav.lopm.nt
Service. expl.in.d that the ..in import of th. Draft Sp.cific
Plan i. to try to ..t.bli.h wh.t the long-t.rm go.l. .r. for
Main Street .nd how land u... in the future vill be d.t.rmin.d
on that Str..t. To. .ugg..tion frGIII th. public to pl.c. a
cap on the ..aunt of r..taurant ~ce that would be allow.d.
the number of liquor licen.... .nd a d.t.rmination of a
st.ndard for hour. of oper.tion. particul.rly re.taurant
u..g.. h. not.d that the Council .nd commi..ion have d..lt
vith tho.. is.u.. for . number of ysar.. .nd in locking at the
proc..... that oth.r citi.. go througb it v.. not f.lt to be
.n .pprapri.t. cboic. far thi. City. explaining th.t .oae
citi.. h.v. put . per .qu.r. foet cap on r..t.ur.nt u....
limit.d the nUlllber of ..t.bl1.luuont.. etc.. .nd to bis
knowl.dg. of wher. th.t h.. be.n don. it h.. been a fairly
involved proce.. and in soa. ca.e. .ub.tanti.l court .xp.n...
bav. been r.ali.ed as a result of tho.. d.ci.ion.. a. well a.
extensivs background and m.rk.ting studies that are nec.ss.ry
for a.city to provide the nexus for plscing a c.p on csrt.in
uses in an .r.a. ther.for. it vas f.lt that the City did not
bave the .conOllic c.pabiliti.s to do asny of those difficult
studi.s. Also. the proc.ss th.t the City curr.ntly uses gives
the aptian to .ay either yes or no. allowe for the r.view of a
new e.tablishment on the Street and a d.termin.tion if that
u.e i. cOllpatible vith the ar.a. ev.n though that sometimes
becomes a contantious proc.ss. it i. uncertain if th.t prOblem
c.n be resolved giv.n the interf.ce of residential uses. .
tw.nty foot all.y. and comm.rcial u.... and even if there is a
c.p cn th. number of c.rtain kind. of usa. or if specific
hours are establi.hed. those issues vill still nesd to be
addresssd at .000a point in the future ss sOll.on. will contend
that .000eone .l.e va. allow.d a use by right. the person bad
no knowl.dge of it or did not lik. it. thus does not like the
process. therefore again it v.s felt that the public be.ring
proce.. give. the bu.ine.. people and the .urrounding
re.ident. the be.t option to fully explore a propos.d uss .nd
aske a dstermin.tion as to whsther or not it is appropri.te. _
Be .teted the attempt v.e to ..t.bli.h a .trong definition of
coffee shops. no liar. th.n tw.lve ..at. .nd no liar. th.n one
thou..nd two hundred f.et of total building area. anything
.xceeding th.t is not a coff.. shap and vould f.ll under
diff.rent r.quirem.nta. thi. u.e primarily ettracte people
alr..dy on Main Stre.t for .ome other purpose or an
eatabli8hment asy .ttract a cli.nt.l. prior to their eabsrking
on their bu.ine.. day. .tc.. the coffee shopa thought to be .
lIore pede.tri.n ori.nted u.. than e r..taur.nt. The intent
v.. to limit th. scal. of coffee shaps by tb. lI.ximum of
tvelv. seats in th.t a larg.r .stablishment vould tend to b.ve
. gr.ater impact on the Str..t. how.ver pointed out that
enforcement i. .oaething th.t vill continually ne.d to be
dealt vith. To the que.tion .. to who pay. the parking fe..
the praperty _er or bu.ine.. _er. the Dir.ctor not.d th.t
the City baa no concsrn es to who pays the f... only that the
f.e i. p.id. the process utili.ed in IIO.t r.c.nt in.tance. bas
been through a d.v.lap..nt .gr....nt .nt.r.d into vith .ith.r
the property _er or the 1..... vith consent of the praperty
_er to .nter into .uch egr.emsnt. in _st ca.es the praperty
owner i. the si9ft.tory On th. .gr..m.nt y.t the is.u. of who
pay. th. fe. i. up to agr....nt betv..n the property and
busin..s _er. As to a qu..tion of Clarity of the $100
versu. $3600 per spac. per y..r. th. Dir.ctor .xpl.in.d th.t
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Provision ofIiformation-Alcohol License.s
and In-Lieu Par1dng Issues, Main Street Specific Plan Area
City Council Staff Report
December J 2, 2005
ATTACHMENT 5
ALCOHOL- AND DRUG-RELATED
INCIDENT AND ARREST INFORMATION,
2004 AND FIRST QUARTER 2005
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Alcohol Li...... &: In-Lieu Parking Status.CC StaffRopnrt
25
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Provision ofIiformaJion -Alcohol License.s
and In-Lieu Par1dng Issue.s, Main Street Specific Plan Area
City Council Staff Report
December 12, 2005
CITY OF SEAL BEACH
2004 CALENDAR YEAR
INCIDENTS AND ARRESTS - CITYWIDE
Total Incidents AOD Incidents Total Arrests Total AOD Arrests
and % of Total and % ofTotal
11,493 (100:00%) 1,374 (11.96%) 452 (100.00%) 303 (67.04%)
CITY OF SEAL BEACH
2004 CALENDAR YEAR
ON-SALE ALCOHOL SALES INCIDENT REPORTS -
CITYWIDE
2004 Calendar Year Total Events and Total AOD Events Total Arrests
% ofTotal and % ofTotal and % ofTotal
All On-Sale Locations 589 (100.00%) -162 (100.00%) 32 (100.00%)
- Citywide (44)
All On-Sale Locations 380 (64.52%) 106 (65.43%) 20 (62.50%)
- Main Street (18)
CITY OF SEAL BEACH - 2004 CALENDAR YEAR
SETTING GROUPS BY AOD INVOLVEMENT:
INCIDENTS AND ARRESTS - CITYWIDE
Incidents Arrests
Setting Group Total AOD AOD% Total AOD AOD%
Residence 3,110 414 13.3 58 34 58.6
Vehicle 1,632 234 14.3 153 128 83.7
Open Space 4,191 398 9.5 121 91 75.2
Alcohol Outlet 394 205 52.0 20 19 95.0
Other Location 2,166 123 5.7 100 31 31.0
TOTAL 11,493 1,374 12.0 452 303 67.0
Alcohol Licouses &: In-Lieu Parking StaIlIs.CC Staff Report
26
Provision of Iiformation - Alcohol License.s
and In-Lieu Par1dng Issue.s, Main Street Specific Plan Area
City Council Staff Repon
December 12, 2005
CITY OF SEAL BEACH
2004 CALENDAR YEAR
ON-SALE ALCOHOL SALES INCIDENT REPORTS -
MAIN STREET
Total Events Total AOD Total Arrests.
Business Name Address and % of Events and and % of
Total % of Total Total
The Grill 101 Main 2 (1.19%) 1 (1.12%) 1 (7.14%)
Clancy's Saloon 111 Main 53 (31.55%) 37 (41.57%) 5 (35.71%)
Taco Surf 115 Main 7 (4.17%) 1 (1.12%) o (0.00%)
Pasta Grotto 117 Main o (0.00%) o (0.00%) o (0.00%) .
The Irisher 121 Main 28 (16.67%) 20 (22.47%) 2 (14.29%)
Hector's Taco 131 Main o (0.00%) o (0.00%) o (0.00%)
House
Old Town Cafe 137 Main 1 (0.59%) o (0.00%) o (0.00%)
O'Malleys on Main 140 Main 23 (13.69%) 12 (13.48%) 2 (14.29%)
Hennessey's 143 Main 12 (7.14%) 5 (5.62%) 1(7.14%)
Tavern
Walt's Wharf 201 Main 9 (5.36%) 4 (4.49%) 1(7.14%)
BJ's Chicago 209 Main 9 (5.36%) 2 (2.25%) o (0.00%)
Pizza
Main Street Cafe 303 Main 0(0.00%) o (0.00%) o (0.00%)
The Abbey 306 Main 8 (4.76%) 4 (4.49%) 1 (7.14%)
Bayou St. John 320 Main o (0.00%) o (0.00%) o (0.00%)
Cafe Lafayette 330 Main 1 (0.59%) o (0.00%) o (0.00%)
Kinda Lahina 901 Ocean 9 (5.36%) 2 (2.25%) 1 (7.14%)
EI Burrito Jr. 2 909 Ocean 6 (3.57%) 1 (1.12%) o (0.00%)
TOTAL 168 (100%) 89 (100%) 14 (100%)
Alcohol Lu:e"ses &: In-Ue. ParIcing Status.CC StaffRoport 27
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Provision of Iiformation - Alcohol License.s
and In-Lieu Parking Issue.s, Main Street Specific Plan Area
City Council Staff Report
December 12, 2005
Total Events Total AOD Total Arrests
Intersection Location and % of Events and and % of
Total % ofTotal Total
Main and Ocean (Includes Pier, 777 115 6 (100.00%)
Beach, and Beach Parking Lots) (93.39%) (93.50%)
Main and PCH 55 (6.61%) 8 (6.50%) o (0.00%)
TOTAL 832 123 6 (100.00%)
(100.0%) (100.00%)
CITY OF SEAL BEACH
2004 CALENDAR YEAR
ON-SALE ALCOHOL SALES INCIDENT REPORTS -
MAIN STREET AND OCEAN AVENUE, BY BLOCK
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Total Events Total AOD Total Arrests
Block Location and % of Events and and % of
Total % ofTotal Total
Main Street - 100 Block 126 (75.0%) 76 (85.4%) 11 (78.6%)
Main Street - 200 Block 18 (10.7%) 6 (6.7%) 1 (7.2%)
Main Street - 300 Block 9 (5.4%) 4 (4.5%) 1 (7.2%)
Ocean Avenue - 900 Block 15 (8.9%) 3 (3.4%) 1 (7.2%)
TOTAL 168 89 14
(100.0%) (100.00%) (100.00%)
.... .... * ....
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Alcchol Liconses &: In-Lieu Parking StalUs.CC StalfRoport
28
Provision of Information - Alcohol License.s
and In-Lieu Par1dng Issue.s, Main Street Specific Plan Area
City Council Staff Repon
December 12, 2005
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CITY OF SEAL BEACH
2005 CALENDAR YEAR-
FIRST QUARTER
INCIDENTS' AND ARRESTS - CITYWIDE
.
Total Incidents AOD Incidents Total Arrests Total AOD Arrests
and % ofTotal and % ofTotal
2,352 (100.00%) 239 (10.16%) 86 (100.00%) 56 (65.12%)
CITY OF SEAL BEACH
2005 CALENDAR YEAR -
'FIRST QUARTER
ON-SALE ALCOHOL SALES INCIDENT REPORTS -
CITYWIDE
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2005 Calendar Year Total Events and Total AOD Events Total Arrests
(First Quarter) % of Total and % of Total and % of Total
All On-Sale Locations 140 (100.00%) 37 (100.00%) 32 (100.00%)
- Citywide (44)
All On-Sale Locations 83 (59.28%) 23 (62.16%) 2 (62.50%)
- Main Street (18)
CITY OF SEAL BEACH. 2005 CALENDAR YEAR-
FIRST QUARTER
SETTING GROUPS BY AOD INVOLVEMENT:
INCIDENTS AND ARRESTS - CITYWIDE
Incidents Arrests
Setting Group Total AOD AOD% Total AOD AOD%
Residence 643 59 9.2 9 5 55.6
Vehicle 378 56 14.8 37 29 . 78A
Open Space 886 82 9.3 23 17 73.9
Alcohol Outlet 50 18 36.0 1 1 100.0
Other Location 395 24 6.1 16 4 25.0
TOTAL 2,352 239 10.2 86 56 65.1
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Alcohol Licenses &: In-Lieu Puking StalDS.cc Stafl'Roport 29
Pruvision of Iiformation - Alcohol License.s
and In-Lieu Par1dng Issue.s, Main Street Specific Plan Area
City Cormcil Staff Repon
December 12, 2005
CITY OF SEAL BEACH
2005 CALENDAR YEAR
(FIRST QUARTER)
MAIN STREET INCIDENT REPORTS
Total Total AOD Total Arrests
Business Name Address Events and Events and and % of
% onotal "10 of Total Total
The Grill 101 Main 2 (4.76%) o (0.00%) o (0.00%)
Clancy's Saloon 111 Main 8 (19.05%) 2 (8.00%) o (0.00%)
Taco Surf 115 Main 2 (4.76%) 2 (8.00%) o (0.00%)
Pasta Grotto 117 Main 0(0.00%) o (0.00%) o (0.00%)
The (risher 121 Main 13 12 o (0.00%)
(30.95%) (48.00%)
Hector's Taco 131 Main o (0.00%) o (0.00%) o (0.00%)
House
Old Town Cafe 137 Main o (0.00%) o (0.00%) . o (0.00%)
O'Malleys on Main 140 Main 5 (11.90%) 3 (12.00%) o (0.00%)
Hennessey's 143 Main 5 (11.90%) 4 (16.00%) o (0.00%)
Tavern
Walt's Wharf . 201 Main 1 (2.38%) 1 (4.00%) o (0.00%)
BJ's Chicago Pizza 209 Main 3 (7.14%) o (0.00%) o (0.00%)
Main Street Cafe 303 Main 1 (2.38%) o (0.00%) o (0.00%)
The Abbey 306 Main o (0.00%) o (0.00%) o (0.00%)
Bayou St. John 320 Main 1 (2.38%) 0(0.00%) o (0.00%)
Cafe Lafayette 330 Main 1 (2.38%) 1 (4.00%) 1 (100.00%)
Kinda Lahina 901 Ocean 1 (2.38%) o (0.00%) o (0.00%)
EI Burrito Jr. 2 909 Ocean 1 (2.38%) o (0.00%) o (0.00%)
TOTAL 42 (100%) 25 (100%) 1 (100%)
A1cchol LiCCllSOS &: In-Lieu ParkiDg SI8bIs CC Stafl"Roport 30
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Provision of liformation - Alcohol License.s
and In-Lieu Parking Issue.s, Main Street Specific Plan Area
City Council Staff Repon
December 12, 2005
Total Events Total AOe Total Arrests
Intersection Location. and % of Events and and % of
Total % ofTotal Total
Main and Ocean (Includes Pier, 39 (100.0%) 0(0.00%) 1 (100.0%)
Beach, and Beach Parking Lots)
Main and PCH o (0.00%) o (0.00%) o (0.00%)
TOTAL 39 (100.0%) 0(0.00%) 1 (100.00%)
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Provision of liformation - Alcohol License.s
and In-Lieu Par1dng Issue.s, Main Street Specific Plan Area
City Council Staff Report
. December12,200S
ATTACHMENT 6
SEAL BEACH ZONING ORDINANCE, MAIN
STREET SPECIFIC PLAN ZONE, SECTION
28-1256. IN-LIEU PARKING PROGRAM
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Provision of Information - Alcohol License.s
and In-Lieu Parldng Issue.s, Main Street Specific Plan Area
City Council Staff Repon
December 12, 2005
SEAL BEACH ZONING ORDINANCE, MAIN
STREET SPECIFIC PLAN ZONE, SECTION
28-1256. IN-LIEU PARKING PROGRAM
"Section 28-1256. In-Lieu Parkina Proaram.
A. Participation in Proaram Reauired: In the event a use
cannot provide the off-street parking spaces required by
Section 28-1255 and Section 28~1256, such use shall not be
established unless there is full compliance with all the
requirements of the Main Street In-Lieu Parking Program as
established in this Section. All or part of off-street parking
space requirements may be satisfied by compliance with this
Section. -
B. In-Lieu Parkino Fee. The In-Lieu Parking Fee and the
formula for calculating said fee shall be established by
Resolution of the City Council.
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C.
Existino Uses - Parkino Deficiencies: Any use which pre-
exists the effective date of this ordinance and which is
presently operating under the authority of a discretionary
land use entitlement and/or development agreement shall
remain subject to the terms and conditions of said approval
and agreement. As a condition to those entitlements, the
applicants agreed to participate in any in-lieu program
established by the City Council. This Article constitutes the
in-lieu parking program referenced in the resolutions
conferring those entitlements and in those certain
development agreements.
D. Processi~o In-Lieu Parkino Prooram ApDlications:
1.
Eligible persons or businesses desiring to participate
in the In-Lieu Parking Program established herein
shall submit a written application for participation to
the Director of Development Services on a form
prescribed by the City. If the Director determines that
such application meets the requirements set forth in
Sections 28-1255, et sea. of this Code, the .Director
shall, within thirty (30) days of the completion of such
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Alcohol Li...... &: In-Lieu Plllking StBlUS.CC SlIffRepmt 33
Provision ofIiformation -Alcohol License.s
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City COll1Icil Staff Repon
December 12, 2005
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application, calculate the applicable in-lieu fee and
grant permission to partiCipate in the program, if the
Director makes the following findings:
a) Participation in the In-Lieu Parking Program
will not create any significant adverse traffic
safety impacts, pedestrian-vehicle conflicts, or
parking impacts.
b) Participation in the In-Lieu Parking Program
will not be detrimental to the public health,
safety, and welfare.
2. The Director may deny the request to participate in
the program, if the Director is unable to make the
findings set forth in subsection 1.
3. The Director may restrict the applicant's participation
in the program, if the Director determines that such
restriction is necessary to make the findings set forth
in subsection 1.
4.
The Director's decision shall be in writing, and shall
be served upon the applicant by certified mail, return
receipt requested.
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E. Aooeals: The decision of the Direct0r may be appealed to
the Planning Commission by any aggi-ieved person, in the
time and manner provided in Article 29.4 of Chapter 28 of
the Code.
F. Pavments and Deoosits:
1. Payments of In-Lieu Parking Program Fees shall be
made pursuant to the schedule adopted by Resolution
of the City Council. In no event shall a certificate of
occupancy be issued for any participating use in the
Main Street Specific Plan Zone prior to the receipt by
the City of the first installment or, if applicable, full
payment of the In-Lieu Parking Fee.
2.
Funds collected from the In-Lieu Parking Program
shall be deposited in a segregated City In-Lieu
Parking Program fund. Such fund shall be used
exclusively for the purpose of promoting, managing,
operating, increasing and maintaining the availability
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Provision of Information -Alcohol Licenses
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City Co"ncil Staff Report
December 12, 2005
of parking spaces in the immediate vicinity of Main
Street.
G.
Transferabilitv: In-Lieu Parking space payments paid for
pursuant to the provisions of this ordinance shall be credited
only to the use for which participation was granted, and shall
not be assigned or otherwise transferred for use on any
other property.
H.
Exoansion. Intensification or Chance in Use to a Use which
Recuires Additional Off-Street Parkinc Soaces: Should the
use of any property within the Main Street Specific Plan
Zoning be proposed for expansion, enlargement, structural
alterations, intensification or conversion to a new use which
requires additional off-street parking spaces, the owner,
lessee or sublessee of the property' shall provide the
required additional off-street parking, either on-site, within
300 feet of the property on which the building is located, or
through payment of in-lieu parking program fees, or
additional in-lieu parking program fees, as required by this
Article.
I.
Acceotance of Terms and Provisions: An applicant's
participation in the program shall not become effective, and
a certificate of occupancy shall not be issued, unless and
until the participant first executes and submits for recording
on the title to the property a covenant accepting the terms of
the approval, in a fo~m to be provided by the City Attorney.
Said covenant shall be recorded in the office of the Orange
County Recorder and shall also be maintained in the office
of the City Clerk.
J. Violators Punishable bv Fine and Imprisonment. Any
person, firm or corporation violating any of the provisions of
this article is guilty of a misdemeanor and upon conviction
thereof shall be punishable by a fine of not more than five
hundred dollars or by imprisonment in the county jail for a
period of not more than six months, or both such fine and
imprisonment. "
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