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HomeMy WebLinkAboutPC Min 1989-11-01 e e e , CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF NOVEMBER 1, 1989 The regularly scheduled meet1ng of the Plann1ng Comm1ss1on was called to order 1n C1ty Counc11 Chambers by Cha1rman Sharp at 7:32 p.m. PLEDGE OF 1\T.T.EGIANCE The Pledge of Alleg1ance was led by Comm1SS1oner Fife. ROLL CALL Present: Cha1rman Sharp Comm1ss1oners F1fe, Suggs, Jessner Also Present: Lee Wh1ttenberg, D1rector, Dev. Srvcs. Dept. John Fraser, Adm1n1strat1ve A1d, Dev. Srvcs. Dept. Absent: Comm1ss1oner Rullo CONSENT CALENDAR Cha1rman Sharp separated the two Consent Calendar 1tems. 1. MINUTES OF OCTOBER 4, 1989 MOTION by Jessner; SECOND by F1fe to approve the Plann1ng Comm1ssion M1nutes of October 18, 1989. MOTION CARRIED 4 - 0 ABSENT: Rullo 2. PLAN REVIEW 18-89 1522 OCEAN AVENUE Staff Report Mr. Wh1ttenberg del1vered the staff report on Plan ReV1ew 18-89 Wh1Ch 1S a request by appl1cant, R.E. Ratl1ff, to add 323 square feet to a non-conform1ng s1ngle fam1ly home. A plan reV1ew 1S necessary because the current garage locat1on does not conform to necessary setback requ1rements. The w1ndow open1ngs on both the East and West s1des of the second story add1t1on w111 be set back 1n an add1t1onal foot to prov1de the requ1red 3' setback for w1ndow open1ngs wh1ch the BU1ld1ng Codes requ1re. Comm1ss1on Comments Comm1ss1oner F1fe asked 1f there was a second eX1 t out of the add1t1on other than the sta1rway that's be1ng added for the main " e Page 2 - Plann1ng Comm1ss1on M1nutes of November 1, 1989 house? Mr. Wh1ttenberg sa1d no and 1nd1cated that one eX1t lS all that lS requ1red out of a sleep1ng area 1nto the ma1n res1dence 1tself. Comm1ss1oner F1fe asked about the necessary ch1mney repa1rs. The ch1mney itself lS w1th1n the three foot sldeyard setback. That makes 1t about SlX feet away from the adJacent house. Shouldn't th1S ch1mney be repa1red for f1re and earthquake reasons? Staff 1nd1cated the crack1ng lS pr1mar1ly at the top of the ch1mney. Mr. Jessner requested a f1fth cond1t1on be placed on Plan Review 18-89 to read: 5. If any of the garage walls or the foundation have to be replaced then the garage should be rebullt to conform to the present Unlform BU1ld1ng Codes. e Mr. Wh1ttenberg ment10ned the 1nter1or d1mens1ons of the garage m1ght be lessened 1f 1t had to be rebu1lt to current UBC requ1rementsi the plans 1nd1cate a 2' setback on one slde and 5' on the other. Mr. Jessner sa1d 1f the garage were to be rebu1lt to meet current Codes and setbacks, 1t would become 19 feet, one foot w1der than what lS presently shown. Cornrn1SS1oner Jessner sa1d he has seen many t1mes 1n the past the Plann1ng Comm1SS1on has approved th1S same type of sltuat10n and once the owner's get 1nto construct1on they've had to r1p down walls they were supposedly gOlng to bU1ld on and ... they bU1ld a brand new structure non- conform1ng aga1n. Cornrn1ss1oner F1fe asked staff that when an add1t1on lS bU1lt over a garage lS the ce1l1ng requ1red to be two-hour f1re rated? Staff sa1d yes. MOTION by Jessneri SECOND by Flfe to approve Plan Rev1ew 18-89 w1th Cond1t1on #5 1n place. MOTION CARRIED 4 - 0 ABSENT: Rullo PUBLIC HEARINGS 3. 1500 PACIFIC COAST HIGHWAY CONDITIONAL USE PERMIT 14-89 RESOLUTION NO. 1558 el Staff Report John Fraser del1vered the staff report on CUP 14-89. Th1S lS a request by the appl1cants, Douglas Hoxeng and Dav1d Strangeland, for an on-sale beer and W1ne 11cense for an eX1st1ng pub at 1500 Pac1f1c Coast H1ghway, Seal Beach (Dave's Other Place). John sa1d Comm1SS1oner Jessner contacted h1m today and expressed .. . e e e Page 3 - Plann1ng Comm1ss1on M1nutes of November 1, 1989 concerns regard1ng sett1ng a precedent by requ1r1ng a CUP for a bar 1n Seal Beach. The bars 1n Seal Beach all have grand-fathered status. John sa1d he called ABC and spoke w1th a Mr. Dan Fusen who expla1ned that the class1f1cation for Dave's Other Place lS a "42- Publ1C Prem1ses" lS a bar that has on-sale beer and W1ne only, food can be served on the prem1ses, no m1nors are allowed. Th1S separates Dave's Other Place from other bars 1n Seal Beach (Clancy's, Ir1sher) Wh1Ch are class1f1ed "48-Publ1C Prem1ses". They serve d1st11led sp1r1ts 1n add1t1on to beer and w1ne, aga1n proh1b1 t1ng m1nors. ABC d1fferent1ates between establ1shments that serve d1st11led sp1r1 ts, beer and/or W1ne and that w111 allow m1nors that have food rece1pts generat1ng 51% of the bus1ness or more. Comm1ss1on Comments Mr. F1fe asked John Fraser for 1nterpretat1on of Attachment, #4f. Mr. Fraser sa1d "the area surround1ng the bar..." 1ncludes both 1nter1or and exter1or. Publ1C Hear1ng Opened Doug Hoxeng * Seal Way Mr. Hoxeng 1ntroduced h1mself as the appl1cant and sa1d Dave's Other Place lS a fam1ly owned and operated bus1ness 1n the same locat1on for twenty years. He sa1d they w1sh to cont1nue operat1ng the bus1ness 1n the same manner as 1t has been, they w111 ab1de by all ABC and C1ty requ1rements. He asked 1f they could d1splay an ant1que beer slgn 1n the w1ndow, stat1ng the beer lS no longer produced. The Comm1SS1on sa1d no, advert1s1ng of alcohol1C beverages lS not allowed 1n windows under the Code. Comm1SS1on Comments Comm1SS1oner Jessner 1nd1cated th1S CUP lS precedent sett1ng for the C1ty because 1t's the f1rst CUP for a bar 1n the C1ty. He asked Cond1t1on #1 to be clar1f1ed by replac1ng the word "llquor" w1th "beer and W1ne" because th1S lS not a 11quor 11cense. Mr. Wh1ttenberg 1nd1cated Cond1t1on #1 could be rev1sed to state 1t's for "an eX1st1ng Type-42 11cense" Wh1Ch spec1f1es what type of ABC 11cense 1t lS. Mr. Wh1ttenberg sa1d, regard1ng Cond1t1on #6, that when days are spec1f1ed that 1nd1cates there lS a change of hours from one day to another dur1ng the week. When you don't spec1fy days, then the hours are the same every day of the week. MOTION by Flfe; SECOND by Suggs to approve Condltlonal Use Permlt 18-89 by the adoptlon of Resolutlon No. 1558 wlth the replacement of language In Condltlon #1 to delete "liquor llcense" and add "Type-42 Beer and Wlne Llcense". MOTION CARRIED 4 - 0 ABSENT: Rullo . . e e e I. Page 4 - Plannlng Commlsslon Mlnutes of November 1, 1989 Mr. Whlttenberg asked for clarlflcatlon of the motlon, asklng lf the motlon and second were only for the condltlons presented In the staff report or lf they were to lnclude the addltlonal ltems from ABC (copy attached for reference). Chalrman Sharp sald lf the ABC had restrlctlons, the Clty would not have to worry about them as the ABC wlll be very strlct on thelr enforcement. SCHEDULED ITEMS 4. VIDEO ARCADES (STAFF REPORT) Staff Report Mr. whlttenberg lndlcated thlS staff report lS presented to the Plannlng CommlSSlon on dlrectlon staff recelved at the Commlssion meetlng of September 20, 1989 re the concern for lack of any type of speclflc controls on vldeo game machlnes In the Clty, elther In an arcade sltuatlon or on a small lndlvldual basls. The staff report baslcally suggests that lf the Commisslon deslres to proceed wlth formal adoptlon of some sort of regulatlons for the use of vldeo machlnes Wl thln the communl ty that the Commlsslon make a dlstlnctlon between a small number of machlnes (at a partlcular buslness locatlon). Staff suggested that two (2) machlnes or less would not need to go through a publlC hearlng process, lt would come through the Commlsslon as a Plan Revlew. Anyone wlth three (3) machlnes or more would requlre a Condltlonal Use Permlt, WhlCh lnvolves a PubllC Hearlng, Notice to property owners wlthln the area and a Commlsslon conslderatlon. Commlsslon Comments Mr. Jessner commented on "Coln-Operated Amusement DeVlce" standards: 1. Page 5. "M". What exactly does "exterlor slgnage" mean? Staff sald that where there are one or two machlnes, an exterlor slgn saYlng "Vldeo Arcade" lS not deslreable. ThlS lS a mlnor use of the property. 2. Page 6. "0". Add thlS condltlon: Ralse llcense fee for thls arcade ltem from $30 to $100 per machlne. ThlS lS covered In the staff report's General Comments but Mr. Jessner wants thls to dlfferentlate between the small usage versus the arcade. So, for the small usage the fee could go to $100 per machlne per year as a llcense fee. 3. Page 6. "R". Add thlS condltlon: Add a square footage requlrement around the machlne to allow enough room for plaYlng. e Page 5 - Plann1ng Comm1ss10n M1nutes of November 1, 1989 4. Page 9. "S". Mr. Jessner sa1d he was not 1n favor of allow1ng v1deo mach1nes 1n the downtown area - Ma1n street and Ocean Ave. area, saY1ng that espec1ally 1n the summer when there 1S an 1ncreased amount of youngsters com1ng 1nto the area. Mr. Sharp sa1d the mach1nes are not allowed 1n an establ1shment that serves alcohol and therefore, he d1d not foresee problems. Mr. Wh1ttenberg 1nd1cated one or two mach1nes would be allowed 1n an establishment sell1ng alcohol on-sale. Regard1ng "Amusement Arcades": 1. Mr. Jessner suggested an annual 11cense fee be d1fferent than that for the "Coin-Operated Amusement Dev1ce" category For example, $100 per mach1ne or a percentage of the 1ncom1ng revenue. Also, a requ1rement that 1f you have a fee based on a percentage that mechanical counters be 1nstalled 1n the mach1nes to ensure accuracy of the 1ncome f1gures. 2. Mr. Jessner sa1d he feels very strongly opposed to hav1ng th1S category 1n the downtown area. 3 . Mr. Jessner would 11ke a square footage requ1rement around the mach1nes - for players and spectators. e Mr. F1fe commented on "Co1n-Operated Amusement Dev1ces", cond1t10n d., quest10ned staff about how the 500 feet was measured. Staff sa1d 1t was measured from entrance to entrance. Add1t10nally, the Super Saver C1nema Seven that was Just approved 1S w1th1n 500 feet of Lucky's, Thr1fty's, the bowl1ng alley - who sell beer, W1ne and 11quori would they be 1n trouble? Mr. Wh1ttenberg sa1d staff must look at that situat10n. SO, 1S the 1ntent to keep the one -two mach1nes out of bars or 1S 1t to keep 1t away from any place that sells off-sale beer, w1ne, 11quor? Mr. F1fe sa1d he would 11ke to see someth1ng 1n the ord1nance Wh1Ch regulates the mach1nes themselves - requ1res that they all have certa1n safety standards. He asked staff 1f all mach1nes had grounded plugs? Mr. Wh1ttenberg 1nd1cated there may be some two- prong plugs but normally these types of mach1nes would requ1re upgraded electr1cal systems. Mr. F1fe 1nd1cated he would not 11ke to see poorly ma1nta1ned mach1nes that "gobble" C01ns and the ch1ldren cannot get the1r money back. He would 11ke to see some assurance (espec1ally 1n v1deo arcades) that the operator would shut down malfunct10n1ng mach1nes and make on-the-spot refunds. ~ Mr. F1fe asked staff (at page 4, cond1t10n e.) how a sltuat10n - . e e - ,. ,- Page 6 - Plann1ng Comm1SS10n M1nutes of November 1, 1989 (where the ord1nance 1S 1n place) could be corrected when encroachment already eX1sts? Staff sa1d there 1S a suggested Code prov1s10n wh1ch would allow non-conform1ng 10cat10ns to come 1n and seek appropr1ate approval - perhaps thru a Var1ance process. Mr. Suggs commented at page 8, cond1t10n L, saY1ng that "under the 1nfluence of any alcoho11C beverage or drug" would be hard to mon1tor. Staff sa1d there are some prec1se legal def1n1t10ns of what "under the 1nfluence" 1S. Staff would not expect a manager of an estab11shment to make a dec1s10n on a border11ne quest10n. If a person were Obv10usly 1mpa1red, a manager or employee could respond by call1ng the Po11ce. Mr. Sharp quest10ned the po11cy of not allow1ng persons under 18 years of age to play the v1deo games dur1ng regular school hours. Staff sa1d the same hours are 1ncluded in th1S staff report as were prev10usdly approved for Super Saver Seven C1nema. Mr. F1fe asked staff to 1nclude 1n the ord1nance what the penalty or f1ne would be for v101at10n of the ord1nance. Would 1t be a c1tat10n system w1th loss of 11cense, a m1sdemeanor or what; he would 11ke th1S spelled out 1n the ord1nance 1tself. Mr. Wh1 ttenberg 1nd1cated staff 1S rev1ew1ng the whole area of the enforcement procedures. Staff would probably suggest start1ng W1 th an 1nfract10n process carrY1ng a f1ne, and 1ncreas1ng to a m1sdemeanor w1th cont1nued v101at10ns occur1ng. Mr. F1fe sa1d one park1ng space for each three C01n-Operated Amusement Dev1ces 1S f1ne and he would 11ke to see the follow1ng language added here: In add1t10n to any other park1ng requ1rements otherw1se requ1red for the estab11shment. (Th1S 1S add1t10nal park1ng). Mr. Whittenberg said there are a few areas he would 11ke to reV1ew w1th the C1ty Attorney - for example, equal protect10n 1ssues 1n 11cens1ng and enforcement 1ssues. Staff would 11ke to present th1s to C1ty Counc11, get the1r feedback, and then present 1t aga1n to the Plann1ng Comm1ss10n for a f1nal reV1ew before 1t'S drawn 1n a f1nal form. 5. ADVERTISEMENT BANNERS (STAFF REPORT) John Fraser de11vered the staff report on banners. He stated that a problem cont1nues to eX1st concern1ng the use of banners 1n the C1ty. The quest10n has ar1sen whether the Code should be amended to allow for the temporary use of banners 1n the C1ty. Mr. Fraser noted 1t requ1res requ1res a substant1al amount of staff t1me to mon1tor the number of bus1nesses that use banners 111egally. - .. e e - ~ Page 7 - Plannlng Commlss10n Mlnutes of November 1, 1989 Mr. Flfe commented that lf allowed, the banner ltself be stamped to lndlcate It's been llcensed and to show its explration date. Mr. Jessner sald he felt our eXlstlng ~ has been too restrlctlve In thlS area and thlnks staff's recommendatlons are good. Mr. Whlttenberg sald the Retal1 Commlttee lS preparlng a report to Clty Councl1, WhlCh lS scheduled to be presented at the November 13th Clty Councl1 meetlng. The Councl1 wl11 most 11kely have some comments re banners. Chalrman Sharp suggested the Commlsslon send a memo to the Council saYlng that the Commlsslon had dlscussed this lssue and felt the eXlstlng Codes were too strlngent and should be reconsldered In some way. Staff sald the Councl1 would therefore be gettlng the Commlsslon comments and the Retall Commlttee report together on November 13, 1989. ORAL COMMUNICATIONS There were no oral communlcatlons from the audlence. STAFF CONCERNS Mr. Whlttenberg sald the Coastal Commlss10n would Development on November 14th In Marlna Del Rey. know when they wl11 take thelr final actlon. be hearlng Mola Staff does not Mr. Whlttenberg noted that the Councl1 has dlscussed the General Elgn update. The RFP lS In the process of belng prepared. Staff hopes to take lt to Councl1 on November 27th for thelr reVlew and approval for dlstrlbutlon. That wl11 lnclude an update of the Land Use Element, the Houslng Element and the Coastal Plan. Once the document lS In flnal form, staff wl11 glve lt to all Commlsslon members so they can see what the concerns are and what is expected of the consultants. COMMISSION CONCERNS Mr. Flfe expressed hlS concern about the mounds of dlrt at the slte of the former Arco statlon at Seal Beach Blvd. and Lampson Ave. Some plIes are 10 feet hlgh and are covered wlth plastlc. The plastlc has rlpped away. He thlnks the dlrt may contaln contamlnants. If thlS lS true, the dlrt shouldn't be blowlng around the Clty. Mr. Flfe felt some deadllne should be set for the property owner to remove the dlrt versus uSlng that lot as storage for contamlnated SOlI. He should be lmmedlately requlred to recover that dlrt. Staff wlll look lnto thlS, contact Blxby for recover lng, check with the Health Dept. to check the SOlI status. Staff wlll prepare a memo for the Commlsslon. . ... e e e ,. Page 8 - Plannlng ComrnlSSlon Mlnutes of November 1, 1989 ADJOURNMENT Chalrman Sharp adJourned the meetlng at 8:35 p.m. Respectfully Submltted, qo~~~~ Joan Flllmann Secretary Department of Development SerVlces THESE MINUTES ARE TENTATIVE AND ARE SUBJECT TO THE APPROVAL OF THE PLANNING COMMISSION. * * * The Mlnutes of the November 1, 1989 Plannlng Commlss1on meetlng were approved on -no~ \5' 1989. 4 Jf