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HomeMy WebLinkAboutPC Min 1990-02-07 e e e ,. CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF FEBRUARY 7, 1990 The regularly scheduled meeting of the Plannlng Commlsslon was called to order In Clty Council chambers by Chairman Sharp at 7:30 p.m. PLEDGE OF ALLEGIANCE The Pledge of Alleglance was led by CommlSSloner Rullo. ROLL CALL Present: Chalrman Sharp CommlSSloners Rullo, Flfe, Suggs, Forsythe Staff: Present Lee Whlttenberg, Dlrector, Dev. Srvcs. Dept. Barry Curtls, Admin. Asst., Dev. Srvcs. Dept. CONSENT CALENDAR 1. MINUTES OF JANUARY 21, 1990 MOTION by Suggs; SECOND by Forsythe to approve the Mlnutes of the Plannlng Commisslon meetlng of January 21, 1990 as presented. MOTION CARRIED: 4 - 0 - 1 ABSTAIN: Rullo PUBLIC HEARINGS 2. CONDITIONAL USE PERMIT 8-89 (RENEWAL) 12147 SEAL BEACH BOULEVARD (BAJA BILLS) RESOLUTION NO. 1564 Staff Report Mr. Curtl.5 dell vered the staff report on CUP 8-89 WhlCh IS a request by CorWln Bales, owner of BaJa Bllls fast food restaurant, to obtaln an extenslon of hlS on-sale beer and Wlne permlt. Staff . I, noted Resolutlon No. 1550 approved CUP 8-89 for ItS Inltlal 90 day perlod. Staff IS recommendlng a twelve month extenslon of CUP 8-89 rather than the SlX month extenslon Resolutlon No. 1550 called for because of the exemplary Pollce Department report. CommlSS1on Comments Mr. Rullo sald he wanted the SlX month condl tion, requlred In Resolutlon No. 15501 to remaln because thatls what the CommlSSlon agreed to. e Page 2 - Plannlng Commlsslon Mlnutes of February 7, 1990 Mr. Flfe asked lf condltlon #6 was reallstlc: 6. The sale and serVlce of alcohol shall only be In conJunctlon wlth sale of food. staff sald thlS condl tlon ( #6) was used by the ABC In other countles In slmllar lnstances but has not been used In Orange county to date. Staff acknowledged thlS lS a dlfflcult condltlon to enforce but felt lt should be retalned as a safeguard agalnst posslble abuse. Mrs. Forsythe lndlcated she had telephoned Marty Breen, a forenslc speclallst for the Orange County Sherlff's Department. He noted that In a fast food restaurant sltuatlon, where you could eat a taco and drlnk a beer, you would feel some effects (of a beer) gOlng to the body's central nervous system In 10 - 15 mlnutes. The alcohol wll1 not be totally absorbed for 30 - 60 mlnutes and at thlS pOlnt the person lS out drlvlng a car. H1S abllltles would be hampered and he would have a blood alcohol level of .01 to .02. In Vlew of facts supportlng flfty percent of all hlghway fatalltles lnvolve drunk drlvlng, Mrs. Forsythe sald she could not go along wlth servlng alcohol at a fast food restaurant. It PubllC Hearlng CorWln Bales * 4861 Maul. Huntlngton Beach. CA 92649 Mr. Bales lntroduced hlmself as owner and appllcant. He noted he has not had problems at BaJa Bllls that anyone thought he mlght have Wl th teenagers hanging around after football games and/or keeplng the grounds clean. He has had no complaints from nelghbors. Alcohol beverages are not a maJor portlon of hlS buslness but he wants to offer beer as a serVlce to hlS customers. Mr. Flfe asked what other fast food restaurants In the Rossmoor Center serve alcohol? Mr. Bales lndlcated that Champs and DaVlOS are slmllar. DaVlOS has a 11ttle more slt-down area but they also have an outslde dlnlng area and 1 t lS a carry-out restaurant. Champs lS slmllar to BaJa Bllls. BaJa Bllls overall seatlng capaclty lS the same lS Champs; BaJa Bllls has more outslde seatlng and Champs has more lnslde seatlng. - Mr. Flfe asked lf selllng only two beers per patron would lmpact hlS buslness? Mr. Bales sald lt could be dlfflcult to monltor a customer's drlnklng. Mr. Bales noted ABC says a merchant can be held responslble lf he knowlngly keeps servlng a patron that lS ObVlously drunk. The beer lS served In a dlstlngulshable/vlnyl contalner. Mr. Flfe expressed concerns that patrons could walk out of the restaurant wlth a beer served In a vlnyl cup. Mr. Bales sald he would stop a patron from walklng out carrYlng a beer and an employee lS In the patlo area when patrons are drlnklng beer out there. e e e Page 3 - Plann1ng Comm1SS1on M1nutes of February 7, 1990 Mr. Rullo 1nd1cated the Comm1SS1on must apply equally all restr1ct1ons placed on th1s CUP app11cat1on to s1m11ar app11cat1ons. Comm1ss1on Comments Mr. Sharp sa1d that or1g1nally the Comm1SS1on had a recommendat1on from the Ch1ef of Po11ce that the Comm1SS1on not grant th1s because of the problems the locat1on had when 1t was a Taco Bell. Because of the change 1n ownership the Comm1ssion dec1ded to grant the CUP on a 90-day bas1s to see how th1s restaurant could be run. There have not been any problems. The Comm1SS1on doesn't have the power to turn th1s app11cant down for h1s beer license S1nce the State has 1ssued a 11cense. The app11cant has done all the Comm1SS1on asked h1m to do. He would then recommend the Comm1SS1on go w1th another 90 days and then give h1m h1s 11cense for a year. Mr. F1fe agreed but suggested the staff and Comm1SS1on use that 90 days to study the 1ssue (of alcohol in fast food restaurants) 1n more depth. He would not 11ke to see all the C1ty's fast food restaurants sell1ng beer and wine. Staff noted State law prov1s1ons mandate the ABC not grant1ng a 11cense unless the C1ty has granted the necessary approvals for that 11cense to be issued. The concern that has been brought up 1S how to deal w1th future requests for a s1m1lar type use. Staff w111 look at the cond1t1ons the Commiss1on has placed on the more recent app11cat1ons for control11ng outs1de areas and restaurants that are fast food versus sit-down d1nner s1tuat1ons. Staff could come back to the Comm1SS1on w1th 1deas and suggest10ns w1th1n the next 90 days. Staff 1nd1cated the Comm1SS1on should be concerned that the cond1t1ons they 1mpose have a rat10nal relat1onsh1p to the use of the property. Staff must look at the State gU1de11nes and what the C1ty can 1mpose. MOTION by Rullo; SECOND by Suggs to approve Cond1tional Use Perm1t 8-89 for a n1nety (90) day extension of an on-sale beer and wine perm1t by the adopt1on of Resolut1on No. 1564. MOTION CARRIED 4 - 1 YEA: Rullo, F1fe, Suggs, Sharp NO: ForsYthe *** e Page 4 - Plann1ng Comm1SS1on M1nutes of February 7, 1990 2. ZONE TEXT AMENDMENT 2-90 BANNERS (TEMPORARY SIGNS) RESOLUTION NO. 1565 staff Report Mr. Wh1ttenberg del1vered the staff report. The Publ1C Hear1ng 1S to cons1der amend1ng the development standards for the C1ty Wh1Ch would allow for commerc1al bus1nesses to make use of temporary banners for certa1n types of sales and spec1al events under str1ngent cond1t1ons. currently the C1ty'S mun1c1pal Code does not allow for use of banners. Staff recommends the Plann1ng Comm1SS1on adopt Resolut1on No. 1565 recommend1ng approval of ZTA 2-90 to the C1ty Counc11. Mr. Wh1ttenberg 1ntroduced a letter for the Record from Steven J. O'Connell, President, Seal Beach Business Assoc1at1on. They are request1ng the $25 perm1t fee be deleted but the $100 deposit rema1n and they agree w1th the rest of the staff report. Comm1ss1on Comments Mr. Sharp sa1d the $25 fee w111 not make the C1ty any money. It w111 be absorbed by staff costs 1n 1ssu1ng and handl1ng of the banners. e Mr. Suggs quest10ned cond1 tion #6. How does staff propose to reV1ew and approve the banners? Staff repl1ed they would encourage people to br1ng 1n a draw1ng show1ng the s1ze, letter1ng, colors would be on the banner. They would then have approval before they have the banner made. Mr. F1fe quest10ned the $25 perm1t fee. Staff sa1d the cost was $25 per banner. Mr. F1fe sa1d he would 11ke 1t to be $25 per appl1cat1on. Mr. F1fe asked staff 1f they had cons1dered First Amendment r1ghts per cond1t1on #6 (banners be1ng sUbJect to reV1ew and approval of the Director)? Mr. Whittenberg sa1d he hoped appl1cants would use d1scret1on and staff would be very careful. Mr. Sharp sa1d wanted cond1t1on #2 to be clar1f1ed. It should be $25 per appl1cat1on not $25 per banner. Staff could check two banners as eas1ly as check1ng one. Mr. F1fe read cond1t1ons #2 and #5 together. Pubic Hear1ng - Thomas St1mmler * Manager. Shore Shop. Seal Beach Mr. St1mmler spoke 1n favor of ZTA 2-90 and sa1d the Shore Shop apprec1ates the Comm1ss1on' s 11ft1ng the ban on banners. He offered the follow1ng recommendat1ons to the present proposal: (1) total number of days a banner may be displayed be 1ncreased to 90 days; (2) one-t1me durat10n of a banner be extended to 40 days to accommodate the Xmas season; (3) the banner S1ze not be 11m1ted to 25 square feet but be decreed by the size of the bU1ld1ng. e e e Page 5 - Plann1ng Comm1SS10n M1nutes of February 7, 1990 Leonard W11son * Market1ng D1rector for Rossmoor Center Merchants Assoc1at1on. Mr. W11son spoke aga1nst ZTA 2-90, saY1ng the 56-store member Merchants Assoc1at1on stands opposed to ZTA 2-90. He sa1d they currently place temporary banners 3' x 12' below the1r monument s1gn from t1me to t1me for up to 7 days to br1ng pub11c attent10n to three spec1f1c s1dewalk sales, one class1c car show and the annual country fa1r. Th1S Assoc1at10n does not perm1t banners at that 10cat10n for 1nd1v1dual store advert1sing. Flags (3' x 5') are placed on 14 11ght standards dur1ng 6 maJor Center-wide sale events throughout the year. They are up for a per10d of 5 days each. These promot1onal decorations attract bus1ness 1n a d1gn1f1ed manner. The events are planned and approved 1n advance by the Board of D1rectors. Accord1ng to the1r f1gures, Rossmoor Center produced over $50,000,000 1n reta11 sales 1n 1988 wh1ch 1S approx1mately half of the C1ty'S reta11 sales return. The C1ty's proposal would be a deterrent to efforts to 1ncrease sales tax revenues 1n the C1ty. Th1S year the city has 1ncreased trash fees and bus1ness 11cense fees for the merchants. They do not feel they have abused the current C1ty s1gn codes for promot1onal purposes. They see no reason to place a depos1t on advance promot10nal plans nor to pay a fee for each event. They see 1ncreased staff w1thout suff1c1ent 1ncome to warrant. They see 1ncreased expenses and adm1n1strat1ve headaches for merchants at a t1me when they need to C1ty ass1stance to 1ncrease sales tax revenue 1n the C1ty. They ask the Comm1ssion seek an act1ve roll 1n the newly incorporated Seal Beach Chamber of Commerce and work W1 th the merchants to reta1n the current reta11 tax bases and to attract broader merchand1ser mix. Corw1n Bales * Owner. BaJa B111s Restaurant He sa1d that 1n start1ng up h1s bus1ness he was requ1red to enforce C1ty s1gn requ1rements that had been inact1ve S1nce 1982. It appears to h1m there are a lot of bus1nesses 1n Seal Beach that have not had to br1ng the1r s1gns up to standard and he wondered why? When he asked the C1ty he was told they d1dn't have the staff to mon1tor 1t. So how can the C1ty mon1tor th1s? If the City can't mon1tor what they have now how can they take on more and mon1tor that? Leroy Brown * 705 Ocean. Seal Beach Mr. Brown asked the Shore Shop what percentage of sales would the 90 day banner br1ng? Mr. W11son sa1d 15%. Charles Antos * 210 8th Street~ Seal Beach Mr. Antos sa1d he felt 1t would be good for the Plann1ng Comm1SS10n to look at each banner app11cation. The would then have more d1rect control. Comm1ss10n Comments Mrs. Forsythe asked staff what the response from merchants on Ma1n Street w111 be? Mr. Wh1ttenberg sa1d he could see more ut111zat10n e - e Page 6 - Plann1ng Comm1ssion M1nutes of February 7, 1990 banners than there 1S now because now they're 11legal. Staff could research ( 1) an exempt10n for banners on pr1 vate property for publ1C purposes (Example: Red Cross events); (2) rev1ewex1st1ng s1gn standards regard1ng S1zes of banners -- plac1ng a cap on the S1ze. Mr. Sharp sa1d th1s should be tabled for study before we pass 1t on to the C1ty Counc11. Mr. wh1ttenberg sa1d staff w111 re- advert1se th1s matter at the t1me they are ready to come back w1th the changes. * * * 3. ZONE TEXT AMENDMENT 3-90 (REVIEW) VIDEO ARCADES Staff Report Mr. Curt1s del1 vered the staff report. This report w111 be presented aga1n to the Plann1ng Comm1SS1on on February 21, 1990. ton1ght 1S a reV1ew where the Comm1ss1on can make any amendments. Mr. Wh1 ttenberg sa1d there w111 be a Publ1C Hear1ng before the Planning Comm1SS1on before 1t goes before the C1ty Council. Comm1ss1on Comments Mr. Sharp ordered th1s 1tem be scheduled for a Publ1c Hear1ng at the Plann1ng Comm1SS1on meet1ng of February 21, 1990. *** ORAL COMMUNICATIONS Charles Antos * 210 8th Street. Seal Beach Sa1d the C1ty's Code was wr1tten 1n such a way to not allow m1n1- marts 1n gas stat1ons. Therefore we would not have to worry about sel11ng 11quor from a m1n1-mart. Mr. Antos showed a photograph of a banner advert1s1ng a volleyball game but that also advert1sed a certa1n beer company. He suggested the Comm1SS1on reV1ew banners. Staff w111 reV1ew the Code to br1ng 1t up to date w1th regard to serV1ce stat10ns and m1n1-marts. Jerry Anderson * 1301 Sandp1per Drive. Seal Beach Mr. Anderson protested new bU1ld1ng/houses on the H111 wh1ch exceed the allowable he1ght 11m1ts; he spec1f1cally noted 705 South Shore and 340 Coastl1ne. At 705 South Shore, the portion of the bU1lding wh1ch exceeds 25' measures 10' x 13'. Th1S 1S a four-story structure. At 340 Coastl1ne the port1on that exceeds 25' measures 12.5' x 8.5'and has an observatory dome on 1t. Read1ng from the Code he sa1d this bU1ld1ng 1S not appropriate for the arch1tectural style and not appropr1ate for the character and 1ntegr1ty of the " , . ~ Page 7 - Plann1ng Comm1ss10n M1nutes of February 7, 1990 ne1ghborhood. He sa1d people are tak1ng advantage of the Code now because the Code 1S wr1tten so loosely. Cha1rman Sharp suggested Mr. Anderson subm1t addresses 1n v10lat10n of the Code be glven to the Plannlng Department for attent10n. Mr. Wh1ttenberg sa1d staff w111 present a status report for the Comm1SS10n at the February 21st meet1ng. It w111 d1SCUSS Mr. Anderson's 1ssues and concerns and cover staff concerns about the way the current prov1s10ns of the Code are wr1tten, the1r 1mpact, negat1ve 1mpacts to ne1ghbors. Mr. Wh1ttenberg sa1d the 1ssue of the observatory has been reported to the Plannlng Department and staff 1S wa1 t1ng for a f1nal clar1f1cat10n from the C1ty Attorney on some 1ssues. As soon as an answer is rece1ved the staff wll1 get back to the Comm1SS10n. COMMISSION CONCERNS League of Cal1forn1a C1ties. The meeting w111 take place ln San D1ego on March 25. Any Plannlng Comm1ss10ners wlsh1ng to attend should contact Mr. Whlttenberg. e Hellman Ranch/Mola Development. Staff 1nd1cated the 26 lots w111 be deeded to the C1 ty and incorporated 1nto the wetlands area. The Coastal Commiss10n's conditlons are not 1n wr1t1ng yet. At the Coastal CommlSS10n hearing they d1d not spec1fy clearly what the use 1S gOlng to be. The actual restorat10n plan has not been approved by the Coastal CommlSS10n. Mola has to go back to the Coastal Comm1SS10n to get a separate perm1t for the restorat10n plan and that restorat10n plan must be approved before they can physlcally start dOlng any construct10n of homes on the property. This will not affect the C1ty'S plans to acqu1re 5 acres from Hellman at a reasonable pr1ce. Staff sa1d lt w111 not because the closeness of th1s land to the wetlands area 1t cannot be 11ghted for ball fleld use. Ad Hoc Reta11 Sales Comm1ttee Meet1ng. Ms. Forsythe asked 1f a layman's notice could be placed 1n the Seal Beach Journal so people who want to partic1pate 1n the Reta11 Sales Commlttee meetlngs can do so? Staff sa1d we could put together a press release descr1b1ng the 1tems that w111 come before the Comm1SS10n and hope the papers would take advantage of that 1n the1r program. We don't have the budget to place a display ad. STAFF CONCERNS Staff concerns covered the follow1ng seven ltems: - Report: Report: Report: Report: Report: Report: Report: Block Wall @ 404 Beryl Cove Way. Block Wall @ Br1dgeport. D1rt (Old Ranch Country Club @ Lampson) Greenhouse @ 11 College Park Dr1ve state Lands Property/Hotel Slte Hellman Ranch/Mola Development General Plan/Local Coastal Plan ReV1S10ns. e e - .1 Page 8 - Plann1ng Comm1ss1on M1nutes of February 7, 1990 Regard1ng the Greenhouse @ 11 College Park Dr1ve, Mr. F1fe asked 1f the translucent plast1c f1lm that w1II be used for cover1ng the structure w1II be repa1red 1f 1t r1ps or tears? staff sa1d a f1nal C1ty Council condit1on was that the mater1al be ma1nta1ned to the sat1sfact1on of the Plann1ng Department. Block wall @ Br1dgeport. Mr. Rullo asked when w1II 1t be f1xed? staff sa1d that the Publ1C Works Department has been aware of th1S for some t1me. Denn1S Jue sa1d they are 1n the process of deta1l1ng what has to be done. They were aware that blocks were loose but not fall1ng off. They w1II repa1r 1t 1n the near future. staff w1II prov1de a status report at the 2/21/90 meet1ng. Pat10 Encroachment @ 1720 Crestv1ew. Mr. F1fe asked for the status. Staff sa1d, after d1Scuss1on W1 th the C1 ty Attorney, staff has glven the owner unt11 the end of February to subm1t plans to the Plann1ng Department. The owner lS away on bus1ness a lot. ADJOURNMENT Cha1rman Sharp adjourned the meet1ng at 9:07 p.m. Slncerely, ~c~~~ Joan F1llmann Secretary Department of Development Serv1ces NOTE: THESE MINUTES ARE TENTATIVE AND ARE SUBJECT TO THE APPROVAL OF THE PLANNING COMMISSION. *** The Plann1ng Cornrn1SS1on M1nutes of February 7, 1990 were approved on February 21, 1990. ~ C;\I'llSS ASSOC/I1,. ,,~tv ~ 1988-89 ~ PO BOX 45 SEAL BEACH. CA 90740 February 7, 1990 C1ty of Seal Beach Development Serv1ces Department Attn' Lee Wh1ttenberg RE' D1splay Banners Dear Mr. Whlttenberg, . After reVlew of your proposed amendment, the Seal Beach BUSlness AssoClatlon would respectfully request that you delete the requlrement for a $25.00 permlt fee. We feel that the fee would defeat the purpose of trYlng to make addltlonal proflt for the buslness. We do agree wlth the $100.00 deposlt WhlCh wlll lnsure the removal of the banner. I understand that you would l1ke to obtaln serVlce fees for the Clty, but we strongly obJect to the requested per~lt fee. We do encourage the Clty Councll to adopt Resolutlon Number 1565 recornrnendlng approval of Zonlng Text Amendment 2-90., wlth the except10n noted by our membershlP' We appreclate your efforts to help create a more competltlve and vlbrant buslness cllmate. Respectfully, SE~EACH BUSINESS ~even ~ Pres1dent ASSOCIATION -. Steven J. O'Connell - President Scott Jones - 1st Vjce President John Baker - 2nd Vice President Tina Lyons - Treasurer Mary Poe - Secretary