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HomeMy WebLinkAboutPC Min 1990-07-18 . . . CITY OF SEAL BEACH PLANNING COMMISSION MEETING MINUTES OF JULY 18, 1990 The regularly scheduled meeting of the Planning Commlssion of the City of Seal Beach was called to order on July 18, 1990 at 7:30 p.m. ln Clty Council Chambers by Chairman Sharp. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Flfe. ROLL CALL Present: Chairman Sharp Commlssioners Orsini, Fife, McCurdy, Dahlman Also Present: Barry Curtls, Administrative Asslstant Department of Development Services CONSENT CALENDAR 1. PLANNING COMMISSION REORGANIZATION; ELECTION OF CHAIRMAN AND VICE CHAIRMAN MOTION by Sharp; SECOND by McCurdy nominating Commissioner Phillip Fife as Chairman of the Planning Commission. MOTION CARRIED: 5 - 0 - 0 AYES: Sharp, Orsini, Fife, McCurdy, Dahlman *** MOTION by Orsini; No SECOND (no Second to the Motion was noted by the Secretary) nominating Commissioner Howard McCurdy as Vice Chairman of the Planning Commission. MOTION CARRIED: 4 - 0 - 1 AYES: Orsini, Fife, Sharp, Dahlman ABSTAIN: McCurdy Chairman Sharp sald Commissioner Fife requested he remaln as Chairman for thlS meeting. There was no ObJection from the Commlsslon. *** '. . . Page 2 - Plann1ng Commiss1on M1nutes of July 18, 1990 2. PLANNING COMMISSION MINUTES OF JUNE 6, 1990 MOTION by Dahlman; SECOND by Fife to approve the Minutes of the June 6, 1990 Planning Commission meeting as presented. MOTION CARRIED: 5 - 0 - 0 AYES: Orsini, Fife, McCUrdy, Sharp, Dahlman *** 3. PLANNING COMMISSION MINUTES OF JUNE 20, 1990 MOTION by McCUrdy; SECOND Sharp to approve the Minutes of the 20, 1990 Planning Commission meeting with one correction at 4, to read "MOTION by McCurdy; SECOND by Dahlman to approve Review #7-90, alternative "BII, with the recommended conditions. II June page Plan four MOTION CARRIED: 5 - 0 - 0 AYES: Orsini, Fife, McCurdy, Sharp, Dahlman *** SCHEDULED MATTERS There were no scheduled matters. PUBLIC HEARINGS 4. CONDITIONAL USE PERMIT #3-89 * RESOLUTION No. 1583 2490 WESTMINSTER AVENUE * PRIMROSE RESTAURANT staff Report Mr. Curtis delivered the staff report. Applicant, Frank Tahvildari, 1S requesting to extend indefinitely an on-sale general 11quor license for the Primrose Restaurant. The Chief of Police, rev1ewed the eX1sting records and has no reservations about permitt1ng the use to continue. staff recommended approval. Commission Comments There were no comments from the Commiss1on. Public Hear1ng The applicant was not present and no one in the aud1ence w1shed to speak for or against the proposal. Comm1ssion Comments Mr. Sharp asked Mr. Curt1s 1f he would comment on Mr. Tahv1ldar1's request for an addition; Variance #4-89. Mr. Curtis replied the shopping center owner 1S resurfac1ng the park1ng lot at the present time and anticipates re-striping to accommodate compact spaces on the site. Mr. Tahvildar1 could then go ahead with the add1tion. Page 3 - Planning Commission Minutes of July 18, 1990 . Mr. Curtis sal.d he has not heard anything from the applicant otherwise. The Planning Commission did not approve Variance #4-89, it was approved on an appeal to the City Council subject to the re-strl.ping of the parking lot to provide seven additional spaces. MOTION by McCurdy; SECOND by Dahlman to approve Conditional Use Permit #3-89 by the adoption of Resolution No. 1583. MOTION CARRIED: 5 - 0 - 0 AYES: Orsini, Fife, McCurdy, Sharp, Dahlman *** 5. CONDITIONAL USE PERMIT #5-89 * RESOLUTION No. 1584 131 1/2 MAIN STREET * DON JUAN'S TACO HOUSE . staff Report Mr. Curtis delivered the staff report. The applicants, Gary and Joan Wussow, are requesting an l.ndefinite extension of CUP #5-89, an on-sale beer and Wl.ne license, for Don Juan's Taco House. The Chl.ef of Police reviewed the application and had no reservations about allowing the use to continue. staff recommends approval. Commission Comments There were no comments from the Commissl.on. Publl.c Hearing The appll.cant dl.d not speak. No one in the audience wished to speak for or against thl.S applicatl.on. MOTION by Dahlman; SECOND by McCurdy to approve Conditional Use Permit #5-89 by the adoption of Resolution 1584. MOTION CARRIED: 5 - 0 - 0 AYES: Orsini, Fife, McCUrdy, Sharp, Dahlman *** 6. CONDITIONAL USE PERMIT #8-90 * RESOLUTION 1585 412 MARINA DRIVE * IRVINE LIQUOR . staff Report Mr. Curtis dell.vered the staff report. The applicant, Elias Azar, is requesting to transfer an existing off-sale general liquor license in conjunction with the transfer of ownership of an eXl.sting liquor store. The Chief of Police revl.ewed the existing records and had no reservatl.ons about permitting the operation to contl.nue. staff recommends approval with eight conditions. staff recommended placing a special condition on this approval which would mandate its reconsideration after 90 days rather than one Page 4 - Plann1ng Commission Minutes of July 18, 1990 ~ year period. If the applicant fa11ed to remove the alcohol signage in the windows 1n 15 days 1t would result in the revocation of this CUP. Commiss1on Comments Mr. McCurdy asked 1f the alcohol s1gnage was still in the w1ndows? Mr. curtis replied it was on July 16th, Monday but he did not check since then. Mr. Sharp asked staff that 1f approval 1S not granted what will ABC do? Mr. Curtis said ABC will not grant a license without the ci ty' s approval of the CUP but as long as he's pend1ng City approval he can continue doing bus1ness by using a temporary license. ~ Dr. Dahlman asked Mr. Curtis about the need for a CUP to sell alcohol. Mr. Curt1s explained about ABC requiring the City to approve a CUP but added there are one or two older liquor stores in the City which have been in eX1stence prior to the zoning regulations which are 'grandfathered' in and do not possess a CUP; one is N1p 'N Stuff on Main Street. Irv1ne L1quor was also 'grandfathered' in prior to it's transfer of ownership last year. Dr. Dahlman said he v1sited as many liquor stores as he could this past week-end, with the following results on signs advertising the sale of alcoho11c beverages: pavillion's has no signs, 7-11 had no signs, Liquor Jr. Market at Seal Beach Blvd. and Pacific Coast H1ghway had 3 s1gns, West Beach had 7 signs plus 2 neon signs and this applicant, Irvine Liquor, had 11 signs. Dr. Dahlman noted the spirit of this regulation was to keep the town clean and uncluttered and to minimize 1mpulse buying of alcohol. Mr. Orsini noted an illegal sign advertising photocopying at Irvine Liquor. Mr. Curtis said that sign was put up without a permit. Mr. Fife asked if the Commission would be amenable to change the wording of Condition #8 to say: approval of this CUP would become effective only upon verification by staff 1n writing of the applicant's compliance with the stated seven conditions which includes removal of the signs. This would make the CUP self- executing --- 1f the owner doesn't comply the CUP doesn't go into effect. By doing this, the Planning Commiss1on would not have to consider this item again. Public Hear1ng ~ Elias Azar * 240 W. Verdugo Avenue. HR. Burbank. CA Mr. Azar introduced himself as the applicant. He stated he has no control over the signage 1n the windows at th1s time because he is not the owner; he will close escrow at the end of July. He has asked the present owner to take down the signs. Page 5 - Plannlng Commission Minutes of July 18, 1990 4It Mr. Curtis explained that ABC will not issue a full license until the CUP lS approved. He will get a temporary license (to continue selling alcohol) untll such time as the CUP lS approved. Mr. Flfe asked Mr. Azar if his escrow was condl tioned on an approved CUP? Mr. Azar replied he thought so. Mr. Fife suggested that if the Commission granted Mr. Azar a "self-executing CUP", which would be approved only if the seven conditions are satisfied and thelr satlsfaction would be verified in writing by staff, it would give some impetus to Mr. Azar to get the signs out of the wlndow. No one wlshed to speak in favor or against thlS ltem. MOTION by Fife; SECOND by McCUrdy to approve Conditional Use Permit #8-90 by the adoption of Resolution #1585 with replacement of Condition #8 with a new Condition #8 to read: Approval of CUP #8-90 shall become effective only upon the Planning Department's written verification that the applicant is in full compliance with the aforestated seven (7) conditions. 4It This approval is granted conditional upon the City's Planning Department written statement saying you have complied with Conditions #1 through #7. At that point this Conditional Use Permit will go into full legal effect. MOTION CARRIED: 5 - 0 - 0 AYES: Orsini, Fife, McCUrdy, Sharp, Dahlman *** . Dr. Dahlman commented that there are several other establishments ln the City that sell alcohol and the Commisslon lS not pollcing them in the same manner and the Commission doesn't want to place Mr. Azar at an unfair disadvantage. Mr. Curtis explalned the Clty doesn't have a full-time Code enforcer. He added the lssue of advertlslng alcohollC beverages in windows continually recurs. The City just about gets all the signage down and it pops up again. The City does have the authorlty to revoke the CUPs for violatlon of the condl tions. Mr. Orsini asked if the City Council could pass a flne for vlolatlon of condltlons? Mr. Curtis said he could check on this. Code violations are misdemeanors at the present time and lf the City flIes a misdemeanor charge the case must go to court _ -- which is costly for the Clty. The Clty is trying to change this status to an infraction which would glve the Clty the authority to wrl te a violator a ticket. Mr. Flfe encouraged the Planning Department to send a letter to a violator and if the correct response is not received in 30 days then the CUP would be agendlzed Page 6 - Planning Commission Minutes of July 18, 1990 ~ and revoked by the Commlsslon. This process could be instituted until the City gets a fine process worked out. *** 7. CONDITIONAL USE PERMIT #6-90 * RESOLUTION No. 1587 490 PACIFIC COAST HIGHWAY * ARCO STATION staff Report Mr. Curtis delivered the staff report. ThlS is an application from Oahn Q. Do for an off-sale beer and wine llcense in conjunction with an existing Arco MP&G Tune Up Center station at 490 Paciflc Coast Highway. Staff has serious concerns regarding the sale of beer and wine in conjunction wlth the sale of gasollne. The staff report notes the Cl ty has one minl-mart which was permitted in error in 1988. Addi tionally, the Chief of Police expressed concerns regarding approval of this CUP. Staff recommends denial of CUP #6-90 through adoption of Resolution No. 1587. Staff recommends a zoning ordinance to allow mini-markets and the service of beer and wine at automobile serVlce stations with such stringent conditions that the selling alcohol would be impossible. ~ Commission Comments ~ Mr. Flfe asked staff if they had looked at mini-mart ordinances ln other clties? Mr. Curtis replied staff has reviewed ordinances in local cities. Usually the ordinance has a definition of "mini- mart" and in most cases it doesn't have anythlng to do with sale of alcohol. Several o~ the cities do allow the sale of alcohol at gasoline stations but the conditions are extremely strict. Mr. Flfe said mlnl-marts are 'here to stay' in Southern Callfornia but he sees a difference between minl-marts that sell sandwiches and a gas statlon which has a beer cooler. ABC regulations can be lnterpreted as saying we will not discriminate --- to suggest we would have to allow gasoline statlons to sell alcohol. Dr. Dahlman sald he understands the current rule says you can't have a mini- market wlth a gas station so we are not discriminating when we deny alcohol sales at gas station. Mr. Fife didn't agree and said ABC overrides our gasoline statlon definitions. The Clty has an old definition of a gasoline service station that pre-dates by many years the ABC regulatlons. Dr. Dahlman said he thought the City Attorney had said the City was secure ln its policy of prohibiting alcohol sales at gas stations because of its rule that prohibits mini-marts; maybe the Commission needs more input from the City Attorney as to what its alternatives and options are. Mr. Curtls said the City Attorney stated that the best approach to this CUP would be to utilize the existing zoning ordinance. However, the City Attorney felt, that if challenged, our zonlng ordinance is so strict that it could be overturned and there's a llkelihood that alcohol service at gasoline stations would be allowed at these Page 7 - Planning Commission Minutes of July 18, 1990 ~ sites. They recommended staff write a zoning text amendment which def1nes a min1-market and wh1ch sets criteria by which they could sell alcohol but to write the criteria so strictly as to have no means to meet those cr1teria. staff would recommend not acting on CUP #6-90 and wa1t until a new ordinance 1S drawn. ~ . Oral Communications The app11cant was not present and no one 1n the audience wished to speak 1n favor of this applicat10n. Galen Ambrose * Seal Beach (No address g1ven) - spoke aga1nst this application. He said there were enough places to buy beer in the City and 1t need not be sold at a gas station. Fran Johnson * 125 Coastline * Seal Beach - spoke against this app11cation. She said she lives across the street from th1s Arco Station. Th1S was built as a gas station --- not a grocery store w1th a gas pump 1n front. She added there are 17 food places on Ma1n Street and said the C1ty doesn't have enough variety. Charles Antos * (No address given) * Seal Beach - spoke against this application. He stated th1s property is 1n a Redevelopment area so 1 t may not meet the requ1rements of the Riverfront Redevelopment Agency Plan. It all came 1n under a PUD. All the uses were called out and a mini-mart that sells alcohol was not called out; a gas stat10n was. At one t1me there was no regulat10n of gas stations -- no m1n1mum lot S1ze. Because of that non- regulation 1n the City, in 1971, got together a draft set of regulations that included more parking, landscap1ng requirements because a gas station is strictly an outdoor business. Soon after those regulations went 1nto effect some of the stations wanted to sell other products, including alcohol and the City said "no". A d1stinct separation was made between alcohol, store and automobile related uses and that has been in force until th1s one mini-mart got 1n and violates the ordinance. Mr. Antos felt the present ord1nance will stand up --- 1t's been challenged by some of the large petroleum compan1es they never took the City to court they just dropped it. Patr1c1a Bell * 4090 Corsa1r - spoke against this app11cat10n. She presented a petit10n from neighbors living behind the area. Bettv Ponti * 408 Corsa1r - spoke against this application stat1ng she had also contacted ABC against this. Elias Azar - sa1d he owns an Arco MPG stat10n and they have two types of businesses and MPG sells no liquor. . . . Page 8 - Planning Commission Mlnutes of July 18, 1990 Commlssion Comments MOTION by Dahlman; SECOND by Orsini to deny Conditional Use Permit #6-90 through the adoption of Resolution No. 1587 per staff recommendations. MOTION CARRIED : 5 - 0 - 0 AYES: Orsini, Fife, McCurdy, Sharp, Dahlman *** 8. VARIANCE #3-90 * RESOLUTION No. 1586 136 ELECTRIC AVENUE Mr. Sharp reported that the applicant, Stephen Curry, withdrew his application, Variance #3-90, on July 18, 1990. ORAL COMMUNICATIONS Galen Ambrose * Seal Beach (No address given). Mr. Ambrose stated he was speaking for himself only and not for any organization. Mr. Ambrose requested agendizing the Hellman Ranch to be considered for rezoning as wetlands --- "which will then back up the decision of the City Council to not allow constructlon on such a dangerous area". He felt it would be appropriate to do this as soon as possible "to preclude any future plans for corning ln for consideration for construction on the property on the dangerous portions - which are about 120 acres plus acreage that would be built on in the future and is still under oil production plus the retention basin and the adjoining State Lands property". Mr. Sharp asked Mr. Ambrose what he thought the Planning Commission should do about Leisure World and other areas between Pacific Coast Hlghway and the Ocean if they all have liquefaction potential? Mr. Ambrose said why make the same mistake over and over? Mr. Ambrose indicated that if the soil indicates instability, nothing should be bUllt on It. Mr. Fife lndicated that all the Old Town area is rated as hlghly liquefiable. And given the determination by the Clty Council that the Hellman site contalns seismlc and liquefaction risks which are so extreme as to make it lncompatible with residential development --- given that finding ... how would we close our eyes to that same issue when someone comes in here wlth two vacant lots in downtown Seal Beach and says "I want to build a triplex on there". With that precedent set on the Hellman site we have to begin applying that throughout the city. We are not talklng about tearlng down existing structures but we are talking about rebuilding or Page 9 - Planning Commission Minutes of July 18, 1990 4It expanding existing structures. We could demand liquefactlon and soils studies. We cannot deal with the issue of public safety in isolation. Mr. Fife asked Mr. Ambrose for hlS thoughts on seismic safety issues vis-a-vls residential construction throughout the City. Mr. Ambrose sald we should look at selsmic safety issues throughout the Clty ... "we have all the information available to us ... a lot more than we had". Mr. Fife sald the City needs more information and a Cl ty-wide soil mapping. Mr. Fife indicated he wrote the Long Beach earthquake safety ordinance ln 1971 which was used to bring the Long Beach unreinforced masonry bUlldings into compliance under a concept called "balanced risk". That concept attempts to balance the risk of earthquake hazards against the risks faced ln dally Ilfe and not unduly focus on one hazard over another. One of the requirements of that ordinance was to conduct a mapping of the soil conditlons throughout the City of Long Beach because it's a known fact that tremendous differences ln intensity of shaking are found depending on what type sOlI you're on ... test borings, WhlCh are expensive, need to be done. Mr. Ambrose said that if there's an existing structure and people already live there his idea would be not to increase the density on that property and let them stay there. 4It Dr. Dahlman indicated the seismic element of the General Plan should include geologlc mapping WhlCh would indicate high/moderate/low soil rlsks so the Commission would know how may obstacles to erect when somebody's trYlng to build. Mr. Flfe said his maln concern was that given the precedent of this City Councll's actlon he dldn't think there's anything ln place to prevent lndivldual construction going through the Planning Department wlthout the Commission knowing about it and with having absolutely nothlng done about seismic and/or liquefaction concerns on that speclflc lot. Dr. Dahlman wanted to clarify a legal issue with respect to denial of the Mola project. The court apparently has only one issue left to decide and that is whether the Housing Element is adopted. Mr. Fife said he thought Mola would appeal that declsion and nothlng is final until the hlghest appellate court says 'that's it' . Chairman Sharp sald the Clty Councll, the Plannlng Commisslon and staff need to develop guidelines of what the Clty'S going to expect for new bUllding. 4It Mr. Ambrose indicated the enforcement of City laws is lax. The emergency sign ordinance is an example. Illegal signs are posted allover and the Commission doesn't fine anybody and doesn't do anything to make violators comply with the law. . Page 10 - Planning Commission Minutes of July 18, 1990 Charles Antos * Seal Beach (No address glven). Mr. Antos suggested rezon1ng the Hellman Ranch property to agricultural, wetlands and oil extraction designat1ons, with Gum Grove Park being zoned an urban forrest. He felt the rezon1ng of Gum Grove would prevent the owner from cutting down the trees if the C1ty should lose their lease there. He noted the Long Horn Borer could be stopped by watering those trees. Helen W11son * 252 17th Street Ms. Wilson spoke against rezoning the Hellman property to A-I because pesticides would be used. STAFF CONCERNS 9. A-76 SURFSIDE * GREENHOUSE WINDOW Mr. Curtis 1nformed the Commission the appl1cant withdrew his appl1cat1on, stating he wanted to wait a few weeks pending d1Scussions he is having W1 th the International Conference of Building Offic1als. This item will corne back before the Comm1ss1on. . 10. ARCHAEOLOGICAL CONCERNS Staff Report Mr. Curtis indicated this item was agendized to initiate Commission review. The City Council considered th1S item on June 11, 1990 and referred it to the Planning Commission and Environmental Qual1ty Control Board (EQCB) for review and 1nput. Staff has contacted the California Coastal Commiss1on, the Nat1ve American Heritage Comm1ss1on, Mendocino County, Santa Barbara County and the cities of San Juan Cap1strano and Irvine to receive the1r cultural resource guidelines and regulations. Once received, staff will schedule a j01nt meeting between the Plann1ng Commiss1on and the EQCB to being the process of establishing formal policies and guidelines. Commission Comments Mr. Sharp asked staff why the C1 ty Council felt archaeolog1cal policies and guidelines were needed? Mr. Curt1s said many counties and local jurisdictions have guidelines that are in excess of the State's minimum requ1rements. . Mr. McCurdy stated the Native American Coalition 1S suggesting the ci ty undertake research efforts to locate and ident1fy archaeological sites wi thin the C1 ty. The location of archaeological sites 1S not the function of the City of Seal Beach . . ~ Page 11 - Planning Comm1ssion Minutes of July 18, 1990 1t is the function of the state and Federal government specif1cally the Cal1forn1a Coastal Comm1ssion. There is no need to spend the City taxpayer's money to finance the digging up of back yards of people living on the H1ll. The requested guidelines would requ1re searching the entire City of archaeological sites not just the Hellman Ranch property. One ruling cannot be made for the Hellman property and another ruling for the rest of the C1ty. If the Native Amer1can Coalition wishes to determine if there are any archaeological sltes within the City they should do so with their own funds and not ask City taxpayers to finance it for them. The request contains a claim to ownership of any v1llage or burial site within the City. Dispute over ownership of land is not within the jurisdiction of the City of Seal Beach, it's a matter to be taken up with the State and Federal courts. Mr. McCurdy said he would like to see the Commission deny this entire request and refer the Native American Coalition to the Cal1fornia Coastal Comm1ssion, who has the author1ty over archaeological invest1gations. Dr. Dahlman said the permit framework is not working - there is archaeological digg1ng continuing on the Hellman project, according to the Native Amer1can Coali t1on, desp1 te the fact that their Coastal Commission permit 1S probably not val1d right now. Comm1ssioner Dahlman indicated the Native American people seem to be asking for help to see if the digs can be better mon1tored and the permits enforced, perhaps with City help, to see that the Coastal Commission guidelines are followed. Mr. McCurdy said they should go to the Coastal Commission who made the regulations in the first place. Mr. Sharp asked staff 1f the llcense to d1g on the Hellman property 1S not a City license but a Coastal Commiss1on llcense. Mr. Curtis said he believed 1t was a Coastal Comm1ssion permit. Mr. Sharp said that even though the City Council den1ed the Mola proposal, this digging was allowed by the Coastal Commission and the Coastal Commission is allow1ng them to finish the dig. Commissioner Dahlman sa1d the Gabrielino's are saY1ng the permit granted to Mola for the dig was granted when he was a developer. Now that Mola 1S not a developer on this site they need to apply to the State for another permit. Mr. Sharp sa1d he bel1eved the dig would be completed July 18 or 19th. Mr. Sharp asked Mr. Curtis if formal action on this item was expected ton1ght? Mr. Curt1s said was an informat1onal report. It w1ll eventually be com1ng back before the Commiss1on as soon as staff gets the documentation from other municipalit1es (ment1oned earlier) . Ana ChristensonjGabrielino Indian Band sa1d Slnce informational hearing she wanted to speak; she archaeologist to help the Commission understand proposed guidelines. When Cha1rman Sharp indicated th1s was an brought an about their this was not . . . Page 12 - Planning Commlssion Minutes of July 18, 1990 a Public Hearing she sald she thought the Native Amerlcans were on the agenda and that Mr. Whittenberg requested her to brlng an archaeologist tonight, saying it would be helpful to the Commlsslon. Mr. Sharp restated thls was not agendized as a Public Hearlng. Mr. curtis said Mr. Sharp was technically correct but that the Commission has the authority to open thlS item to the publlC. MOTION by Fife; SECOND by Dahlman that the Planning Commisslon open this item, Archaeological Concerns, to the public as a Public Hearing with the understanding that whatever testimony is given will, to have any effect on any future action, have to be given again at the time there is a genuine Public Hearing on this item. This will be informational testimony only. MOTION CARRIED: 4 - 1 - 0 AYES: Orsini, Fife, Sharp, Dahlman AGAINST: McCUrdy Galen Ambrose * No address glven * Seal Beach Mr. Ambrose, referencing State and Federal guidellnes, sald citles should take the lead in establishing what they want in their Cl ties. He would like to see these gUldelines adopted. The Commlssion asked Mr. Ambrose how much money he was willlng to see spent on adopting these proposed guidelines? Mr. Ambrose said he was wllling to put in as much as he could --- he didn't know how much lt would cost to implement these guidelines. Mr. Fife informed Mr. Ambrose that it would be very helpful to the Commission if speakers could corne forward with the appllcable regulations to say, for example, this much of the problem is controlled by the Federal Government or the State and this much is left by those laws for local jurisdictlons. Charles Antos * No address qlven * Seal Beach Mr. Antos said for the Record the California Coastal Commission's jurisdiction ends at Westminster Blvd. Anything that is inland of Westminster, which includes the Bixby property, and would not be in their Jurisdlctlon. Dr. Gary stickel * 450 1/2 N. Genessy Ave.. Los Angeles. CA Dr. stickel said he has his Ph.d in Archaeology from UCLA and has been working in the field of archaeology for 25 years. Dr. Stickel said the Uni ted States is behind Europe in preserving archaeological remains. He said programs fail because there is "no regulation of archaeologists in this State. Anybody who wants to call themselves an archaeologist can go out on a dig and no one is there to stop them". He urged adoption of these gUldellnes to preserve Natlve American heritage and respect for Amerlcan culture. For a few thousand dollars the City could inventory all the known archaeological sites ln the City of Seal Beach. The unknown sites . . . Page 13 - Planning commission Minutes of July 18, 1990 would be considered on a case-by-case basis where the developer would pay the costs of the archaeologists. Mr. Fife asked Dr. StJ.ckel if the Native American Coalition representative(s) would be qualified? Dr. stickel said "yes" and urged following of proper protocol. The GabrielJ.no's have formed a coalition which includes the Juaneno Band in San Juan Capistrano and these are people who can verify their native American heritage. They are organizing and provJ.ding monitors, observers to be J.nvolved with the archaeological sites. Mr. Orsini asked if any City is employing Native groups? Dr. Stickel said Santa Barbara is. Ms. ChrJ.stensen said this was not a massive dJ.gging allover town --- it is paper research. UCLA has much documentation as does UC Riverside. It would take a few days at a library. Santa Barbara's guidelines cover everything from pre-historic to historic resources. Vera Rocha * Native AmerJ.can Coalition of Southern California Ms. Rocha said her purpose in speaking tonight was to help the CommJ.ssJ.on by showJ.ng them what resources they have in the City. She urged adoption of their guidelines. Mr. Fife asked if the Native American Coalition was assembling a library for reference? She said yes. She noted much of Native American heritage is passed along orally versus written history. MOJ.ra Hahn * 1515 1/2 Ocean Avenue * Seal Beach Ms. Hahn said we really need to adopt these gUJ.delines because Native Americans have no input. She said LSA spoke before the City Council on June 11, 1990 and their representative denied there were IndJ.an burials on the Hellman site so that person either lied or was uninformed. Ms. Hahn said she has had trouble obtaining information on the Redwine report because the professor who has the unpublished report is retiring. The Redwine Report shows two Indian burials on the Hellman Ranch site in the 1950's. Ms. Hahn said that on June 20, 1990 LSA found a human hand fragment. Riva Olsen * No address given * Seal Beach Ms. Olsen said the NatJ.ve Amerioans are being treated like second- class citizens and is appalled this could happen in this city. She added we are bulldozing their heritage and we have no respect for culture. Manual Rocha * Gabrielino Indian Bank Mr. Rocha said they want to bury their ancestor's remains where they can' t be unearthed --- whether J. t' s one bone or a whole skeleton. Mr. Fife asked if their religion WJ.ll allow removal and reburial? Mr. Rocha said yes, at the very least they wanted to give their ancestors a good burJ.al. ~ Page 14 - Planning Commission Mlnutes of July 18, 1990 Marie Antos * No address given_* Seal Beach Ms. Antos opposed Commissioner McCurdy's opinion and said the Gabrielino's are asklng for help and the Clty should never mind the money and think about the problem. commission Comments Mr. Fife suggested the Commlssion schedule a PubllC Hearing to develop an archeological element to the General Plan which would embrace the subject under discussion tonight. The Planning Department wlll have a joint session wlth the EQCB which will be scheduled before the regularly scheduled Planning Commlssion meeting. Mr. curtis said there is an open agenda on August 15, 1990 and he would ask Mr. Whittenberg if he will be at that meeting and lf this ltem could be scheduled for that date. COMMISSION COMMENTS . Super Saver Seven Theaters Mr. Flfe said he vlsited the Super Saver Theaters a number of times in the last several months and there is no rope separating the video machines from the general lobby, there is no adult on site supervising. Those were conditlons for the approval of their CUP and from hlS observatlons these conditions are not belng followed. Mr. Fife requested staff to contact the owner and get the condltions compIled wlth. Chalrman Sharp sald he agreed with Mr. Fife completely and urged staff to follow-up stating the Commission will do whatever lS necessary if they don't follow the guidelines of the CUP. Mr. Curtis said staff will give a progress report to the Commission at the August 1st Planning Commission meeting. Trash @ Bixby Fence Mr. Fife sald a lot of trash has collected along the spite fence which Bixby erected by the Mobil station. The trash is on Bixby property. Bixby should clean this trash up or take the fence down. . Covered Roof Access Structure Dr. Dahlman said he received a lot of information from one of the neighbors of the dome on Marina Hill. There is "pretty much unanimous nelghborhood agreement, 300 signatures on a petltion, saying thlS thing (dome) should corne down". Chairman Sharp said this matter is ln the hands of the City Attorney and the Clty doesn't have a final report. Mr. Curtis added the City Council has forwarded this to the City Attorney and the City Attorney is looking lnto a means for amortizlng the dome's use out of existence over a period of years. Staff recommends amending the zoning ordinance to make it stricter as it's vague at present. Staff will present a report to the Plannlng Commisslon and City Council. Dr. Dahlman asked the Chairman if this item could be agendized for the next meetlng. Mr. Curtls advised the item is now before the City Council and until they direct down to the Planning Commission lt would not be appropriate for the Commisslon to take action on it. . Page 15, Planning Commission M1nutes of July 18, 1990 General Plan/200 Pages Dr. Dahlman said more than two hundred (200) pages of the General Plan is occup1ed by the Hellman Specific Plan, and he would like to see the item removed from the General Plan. Mr. curtis sa1d staff could make a report back to the Commiss1on regarding the possib11ity at the next meeting. Keep Record on Review of House Plans Dr. Dahlman said he understood house plans are not released by the BU1lding Department. Mr. Curtis indicated staff's legal policy is that building permits are public record but that house plans are not public record although they can be viewed at the counter; no copy can be made. Only current property owner or the architect who drafted the plan can get a copy. The secretary, Mrs. Fillmann, said staff has a policy statement from Attorney Efrat Cogan of the C1ty Attorney's Off1ce, that's being prepared by Mr. Whittenberg for the Commission's review. Dr. Dahlman requested staff keep an office record of who comes to look at what plans, dates, addresses etc. . Patio Encroachment @ 1733 Crestview Mr. Fife asked about the patio encroachment on Crestview. Dr. Dahlman said he spoke to the owner who said he would be applY1ng for a variance. Noise Study/Variance #6-89 Mr. Fife asked the status of the noise study that Intern John Fraser had been working on; he thought the study was generated by Tom Dutton, Variance #6-89, at 320 Coastline Dr1ve. Mr. Curtis replied that the City has been working with Orange County and backyard noise studies had been done and staff is awa1ting those results. Staff w111 report back to the Commission when it rece1ves and d1gests those study findings. . soil study Cha1rman Sharp referenced C1ty Counc11 Resolut1on No. 3937 g1ven to the Commission and asked Mr. Fife 1f he had a opin1on on it. Mr. F1fe said he studied the findings the City Council made and his reaction was the City has established a factual precedent attributable to those findings. We cannot continue to do bus1ness as usual with respect to other parts of the C1ty. We have to adopt a policy for the rest of the City that 1S consistent with the action taken on that specific site. He felt the qU1cker the City acts the better off 1t 1S. He sa1d if we cont1nue to de facto exempt other parts of the C1ty with the same evidence that presents the same dangers then the City is exposing itself to liabil1ty for cont1nual problems if someone builds on those s1tes and has seismic problems later on. Mr. Sharp asked Mr. Fife if he had 1n mind any type of schedule or who would do the research? Mr. Sharp said he agreed completely with Mr. Fife and it would have to apply to any new construction or any substant1al additions. Mr. F1fe suggested . . . Page 16 - Plannlng Commission Minutes of July 18, 1990 the CommlSSlon ask the Plannlng Dlrector, Lee Whittenberg, to adVlse the Commlssion by the next meeting (August 1, 1990) whether he is prepared to initiate Public Hearings in September. ADJOURNMENT Chalrman Sharp adjourned the meetlng at 10:30 p.m. Respectfully Submitted, JS&~"Fi~~ Secretary Department of Development Servlces *** These Minutes are tentative and subject to the approval of the Plannlng Commlssion. *** The Plannlng Commission Minutes of July 18, 1990 were approved on August J"", 1990. ~