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HomeMy WebLinkAboutPC Min 1992-06-03 . . . .... f , ~ " CITY OF SEAL BEACH PLANNING COMMISSION MEETING AGENDA JUNE 3, 1992 fllr COPJ' 7 30 p. . City council ~B I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. CONSENT CALENDAR 1. Minutes of May 20. 1992 IV. SCHEDULED MATTERS V. PUBLIC HEARINGS 2. Zoning Text Address: Applicant: Request: Amendment 92-2 City-w1de City of Seal Beach Amend the Zon1ng Ordinance to allow as a conditionally perm1tted entertainment cafes 1n the General Commercial zone, (C-2) only. VI. ORAL COMMUNICATIONS VII. STAFF CONCERNS 3. Policy Statement regard1ng Max1mum S1zes of Proposed CRAS's (to be del1vered Monday) VIII. COMMISSION CONCERNS IX. ADJOURNMENT . . . , . .. ~, # CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of JUNE 3, 1992 The regularly scheduled Plann1ng Comm1SS1on meet1ng of June 3, 1992 was called to order by Cha1rman F1fe at 7:35 p.m. 1n City Counc1l Chambers. PLEDGE OF ALLEGIANCE Comm1SS1oner OrS1n1 led the Pledge of Alleg1ance. ROLL CAT.T. Present: Cha1rman F1fe Comm1ss1oners Dahlman, Sharp, Law, Ors1n1 Staff Present: Department of Development SerV1ces: Lee Wh1ttenberg, D1rector Barry Curt1s, Adm1n1strat1ve Ass1stant Joan Fillmann, Execut1ve Secretary CONSENT CALENDAR 1. M1nutes of May 20, 1992 MOTION by Sharp; SECOND by Dahlman to approve the Plann1ng Commiss1on Minutes of May 20, 1992 subJect to a typographical correct1on at page 10, line 7, "crown" to "crowd". MOTION CARRIED: AYES: 5 - 0 - 0 Sharp, Dahlman, F1fe, Law, Ors1ni SCHEDULED MATTERS There were no scheduled matters. PUBLIC HEARINGS 2. Zon1ng Text Amendment 92-2 Enterta1nment Cafes Staff Report Mr. Curt1s de11vered the staff report. [Staff report on f1le 1n the Plann1ng Department]. At the July 17, 1991 Plann1ng Comm1SS1on meeting Comm1ssioner OrS1n1 requested the C1ty'S zon1ng ord1nance be amended to proh1b1t enterta1nment cafes on propert1es Wh1Ch abut res1dent1ally zoned propert1es. The C1 ty Counc1l subsequently author1zed the Planning Comm1SS1on to beg1n hear1ngs to cons1der a poss1ble munic1pal ~ amendment. The staff report presented four alternat1ves for Comm1ssion cons1deration: ... Page 2 - P~anning Commission Minutes o~ June 3, 1992 . (1) Amend the ~ to permlt entertalnment cafes In the C-2 zone only, subJect to approval of a CUP. (2) Amend the ~ to prohlblt entertalnment cafes on propertles which are located wlthln 300 feet of resldentlally zoned propertles. (3) Prohlblt entertalnment cafes Clty-wlde. (4) Do not amend the QQQg. Mr. Curtls sald the city presently has three entertalnment cafes: (1) Panda Panda (2) Noel's (3) Spaghettlnl's Plano bar Polyneslan mUS1C Jazz mUS1C The Cl ty has recel ved no complalnts to date on any of these entertalnment cafes. staff recommended entertalnment cafes be allowed zone subJect to approval of a CUP. ThlS entertalnment cafes on Maln Street, Ocean Beach/Pavlllon Center, Lelsure World Center. Staff belleves entertalnment cafes can eXlst Wl thout adversely lmpactlng surroundlng propertles lf they have proper condltlons and enforcement. only In the C-2 would prohlblt Avenue, Seal ~ Commlsslon Comments Outlaw EXlstlng Cafes CommlSSloner Sharp asked lf thlS Zonlng Text amendment would result In outlawlng entertalnment cafes where they are already permltted? Dlrector Whlttenberg sald the ~ allows appllcatlons for entertalnment cafes In both the C-1 and C-2 zones sUbJect to Condltlonal Use Permlt (CUP) approval. ThlS proposal would no longer allow appllcatlons for entertalnment cafes In the C-1 zone. An addltlonal restrlctlon lS belng placed on the C-2 zone: the property must be located along a prlmary or arterlal hlghway. Resldentlal Unlts In C-l on Maln street Chalrman Flfe asked how many resldentlal unlts are In the C-1 zone, along Maln Street, such as apartments above eXlstlng buslnesses? Mr. Curtls sald approxlmately flfty; he dld not know the exact number. The maJorlty belng over the cleaners at the south end of Maln street. ~ NOlse from Entertalnment versus Other Sources Chalrman Flfe sald one of the lssues lS whether the percelved problem wlth an entertalnment cafe lS nOlse and trafflc of patrons comlng and gOlng or whether It'S a problem of open doors and mUS1C blastlng out. He sald "I thlnk lf the real problem lS trafflc of buslness comlng and gOlng what we're really talklng about lS slowly but surely outlawlng our commerclal zone, convertlng Maln Street Page 3 - planning Commission Minutes of June 3, 1992 tit 1nto a res1dential street. It m1ght be n1ce for the people who 11ve there but 1t'S certa1nly g01ng to hurt our budget". 'J.Ypes of Entertainment Comm1SS10ner Dahlman sa1d th1S proposal addresses the problem prev10usly brought up but 1t would make soft enterta1nment 1mposs1ble. Mr. Curt1s sa1d that was correct because the ~ doesn't d1fferent1ate between types of entertainment. Comm1ss10ner Dahlman cont1nued, "I th1nk, Mr. Cha1rman, you're trY1ng to get at the problem of what are we trY1ng to solve here but th1s may be a rather broad brush". Cha1rman F1fe sa1d across Amer1ca there are bookstores 1n Wh1Ch an asp1r1ng actor would read poetry that would make 1t an enterta1nment cafe and you couldn't have that on Ma1n street. "I hardly th1nk that's the k1nd of 1ns1d10uS th1ng that's g01ng to destroy Amer1ca or even Seal Beach. I'm not 1ncl1ned to go along w1th th1S, I can tell you that". He noted there are homes back1ng to C-l and C-2 zones by Pac1f1c Coast H1ghway. . No C1ty Enforcement Comm1SS10ner OrS1n1 sa1d "Bas1cally when I looked at th1S report I can't go along w1th any of 1t. Another th1ng that bothered me w1th th1S report, when I read the one paragraph that sa1d ' staff bel1eves that the entertainment cafes can be properly cond1tioned by the Plann1ng Comm1SS10n and enforced by staff' --- 1t'S a known fact that we have no enforcement, per10d, on any k1nd of cafes, restaurants. Spaghett1n1's ran an enterta1nment cafe for a year before we even d1d anyth1ng about 1t. So as far as enforcement goes that doesn't even make sense to put 1t down on paper". Comm1ss10ner OrS1n1 sa1d Old Town has a fear of what can occur because of what has occurred 1n the past. The C1ty doesn't have any enforcement. If someth1ng goes sour the C1ty can't enforce 1t and the res1dents are stuck 11v1ng w1th 1t, f1ght1ng 1t for two or three years to do someth1ng about 1t. C-l and C-2 Zones Regard1ng C-l and C-2 zones, Comm1SS10ner OrS1n1 sa1d enterta1nment cafes back1ng to res1dential properties w111 not work. D1rector Wh1 ttenberg sa1d the C-2 zone would be the most proper for enterta1nment cafes because that's a heavy commerc1al use. He suggested a m1n1mum parcel S1ze to m1n1m1ze C-2 zon1ng 1mpacts on adJacent resident1al propert1es. Staff felt enterta1nment cafes along Pac1f1C Coast H1ghway properly cond1t10ned would not be detr1mental. . Enterta1nment Licenses from ABC versus C1ty Comm1SS10ner OrS1n1 sa1d the C1ty'S enterta1nment 11cense was d1fferent from the ABC's enterta1nment 11cense. He asked 1f the appl1cants for enterta1nment cafes get approval from ABC before Page 4 - Planning Commission Minutes o~ June 3, 1992 . they appear before the Commissl.on? Or, is the Cl. ty grantl.ng somethl.ng they are not allowed to l.ssue? Dl.rector whittenberg sal.d an appll.cant for an entertal.nment cafe would seek whatever modl.fl.catl.ons to thel.r ll.cense they need through ABC once they've received Cl.ty approval. Comml.ssl.oner OrSl.nl. sal.d any contest l.nsl.de a restaurant l.S entertal.nment and the Cl.ty can't perml.t thl.s l.f the ABC ll.cense restrl.cts l.t. The Cl.ty has been grantl.ng specl.al perml.ts for thl.S purpose. He added the Cl.ty has not enforced eXl.stl.ng problems. Dl.rector Whl. ttenberg took exceptl.on to the statements on non- enforcement, saYl.ng once the Cl.ty was made aware of the sl.tuatl.on at Spaghettl.nl.'s they contacted the restaurant and the management came l.n qUl.ckly for a CUP and recel.ved the necessary approvals. Mr. Whl.ttenberg sal.d ~ enforcement efforts have been stepped up recently and many letters wl.ll be going out l.n the near future. . Snecl.al Actl.vl.ty Perml.ts Comml.SSl.oner OrSl.nl. asked about the Cl.ty's specl.al perml.ts. Mr. Whl.ttenberg sal.d a specl.al actl.vl.ty perml.t l.S handled by a Specl.al Event Coordl.nator l.n the city Manager's Offl.ce and l.S not dealt Wl.th by the Plannl.ng Department or Plannl.ng Comml.ssl.on. He would research how that department ensures the necessary reVl.ews by other agencl.es are handled. Under the zonl.ng ordl.nance, an entertainment cafe l.S an on-gol.ng use, not a one-tl.me specl.al perml.t use and ABC doesn't have a problem with that use gOl.ng on l.n one of thel.r ll.censed locatl.ons as long as l.t l.S properly perml.tted and condl.tl.oned by the Cl.ty. On a fal.rly regular basl.s ABC wl.ll add condl.tl.ons over and above the Cl.ty's condl.tl.ons. Comml.ssl.oner OrSl.nl. asked how problems wl.th resl.dentl.al propertl.es along Pacl.fl.c Coast Hl.ghway would be controlled? Mr. Whl.ttenberg suggested allowl.ng staff to look at requl.rl.ng cafes to be along prl.mary streets and also imposl.ng a ml.nl.mum lot Sl.ze --- that would ell.ml.nate smaller parcels along PCH from becomml.ng entertal.nment cafes. Entertal.nment cafes would contl.nue to requl.re a Condl. tl.onal Use Perml. t whl.ch l.S a Publl.c Hearl.ng Wl. th a 300' Notl.ce to surroundl.ng property owners. Public Hearl.ng Chairman Fl.fe opened the Publl.c Hearl.ng, askl.ng for those l.n favor of thl.S appll.catl.on to speak fl.rst. . Ml.tzl.e Morton * 153 13th street. Seal Beach - sal.d Cl.ty resl.dents have been wal.tl.ng fifteen years to resolve the problem of entertal.nment cafes near resl.dentl.al uses. She l.ndl.cated the Cl.ty has never been able to control the entertal.nment problems and they get carr l.ed to extremes. For example, Hennessey's came l.nto eXl.stence by deceptl.on, l.t was to be a restaurant. She sal.d the Mal.n Street busl.nesses are not sufferl.ng because they lack . . . paqe 5 - Planning Commission Minutes of June 3, 1992 entertainment. The enterta1nment cafes are not compat1ble adJacent to res1dent1al homes because of the late hours. Old Town residents would llke to see enterta1nment cafes llmited to the C-2 areas. Comm1ss10ner Dahlman asked Ms. Morton to elaborate on why she would like enterta1nment cafes 1n the C-2 areas. Ms. Morton sa1d because most C-2 areas are on ma1n thoroughfares and have b1g park1ng lots Wh1Ch would also hold the cars. Comm1ss10ner Dahlman sa1d that 1f the restr1ct10n to 300' were placed there wouldn't be any enterta1nment cafes 1n Old Town, Mar1na H1ll or College Park --- only 1n Rossmoor Center could one conce1vably be opened. Ms. Morton sa1d someth1ng could be worked out on the 300'. She d1dn't th1nk enterta1nment cafes should be outlawed throughout the C1ty, certa1n areas could call for someth1ng. The Comm1SS10n could set the hours and type of enterta1nment 1n those areas. The CUP process would prov1de for C1ty control. The problem lS enterta1nment of a type that draws crowds late at n1ght. She would have a problem w1th amplif1ed or loud (llke mar1ach1 bands) mUS1C at any t1me. She wouldn't obJect to a v10l1n1st 1n a restaurant except that the owners f1nd a way to c1rcumvent the ord1nances. David Rosenman * 208 E1ghth street. Seal Beach - rev1ewed the appl1cat10n for the Renaissance Cafe stat1ng there was a var1ety of m1srepresentat10ns by the appl1cant. He obJected to loud n01se but would not obJect to poetry read1ngs or a v10l1n1st. He wants the C1ty to have structures 1n place to deal w1th enterta1nment cafe appl1cat10ns, stat1ng res1dents fear they w1ll not be aware of an appl1cat10n and someth1ng w1ll sllde 1nto place. Charles Antos * 328 17th Street. Seal Beach - made several p01nts: (1) ESTABLISH TRACK RECORD The C1ty'S ord1nance for ABC appl1cat10ns prov1des for C1ty control w1th 1n1t1al Comm1SS10n rev1ew, another reV1ew at SlX months or one year and then an 1ndef1n1te extens10n reV1ew. Th1S establ1shes a track record for an establ1shment. New appl1cants ask1ng for an ABC llcense want an enterta1nment llcense slmul taneously. He suggested a wa1 t1ng per10d of perhaps one year before an enterta1nment perm1 t lS granted, regardless of where 1 t lS located 1n the C1 ty . The appl1cant must establ1sh a good track record f1rst to glve the C1ty someth1ng to Judge what k1nd of ne1ghbor the appl1cant lS. ( 2) NOT IN CLOSE PROXIMITY - No enterta1nment cafes should be cons1dered for propert1es Wh1Ch are 1n close proxim1ty to res1dent1al propert1es. There lS only the alley w1dth of 15' separat1ng some res1dent1al propert1es from commerc1al propert1es. (3) NOT CONSIDER BAD NEIGHBORS - Some bUS1nesses don't bother to get spec1al event perm1 ts. Very loud and rowdy act1 V1 t1es go on -- . . . Page 6 - Planning Commission Minutes of June 3, 1992 - dlSC Jockeys, wet T-shlrt contests, etc. Most of the time he flnds about these actlv1t1es by Journal newspaper ads. These businesses have no 1ntent10n of be1ng good ne1ghbors and they should not be cons1dered leg1t1mate appl1cants for any enterta1nment perm1t. (4) DON'T CONGREGATE USES - It would be cr1m1nal to concentrate these uses 1n the Rossmoor Center and adversely effect the adjacent ne1ghbors 1n the condos. 5) SAFEWAY CENTER - If an enterta1nment perm1t were 1ssued to, for example, Denney's restaurant the auto traff1c would adversely 1mpact the Mar1na H111 res1dents. Brent Matthews * 218 Eighth street. Seal Beach - spoke 1n favor of not expand1ng non-conform1ng uses. He sa1d he advocates fa1rness, saY1ng the C1ty has asked h1m not to use hlS property In the same way he could have used 1 t twenty years ago. But the Cl ty grandfathers the commerc1al uses on Ma1n Street. Some of the same rules should apply to both res1dent1al and commercial uses. Commissloner OrS1n1 sa1d a lot of the enterta1nment problems could have been exped1ted by gOlng through ABC versus the C1ty. ABC can stop a lot of the th1ngs that have been occurr1ng. Cha1rman F1fe sa1d ABC enforcement 1S probably not effect1ve because ABC's budget has been severely slashed. Comm1ss10ner Dahlman asked Mr. Matthews what he thought about Mr. Antos' suggest10n for a good ne1ghbor test? Mr. Matthews sa1d he thought 1 t was a great 1dea but would not want to trade an ord1nance for It. Comm1ss10ner OrS1n1 sa1d a problem w1th the one year wa1t1ng per10d concept 1S the C1ty has two maJor parcels for Wh1Ch maJor hotels may be planned. He felt the C1 ty should see what type of enterta1nment a cha1n would have and that should be cons1dered 1n place of the1r one year wa1t1ng per10d. D1rector Wh1ttenberg asked Mr. Matthews 1f h1S op1n10n would hold for non-ampl1f1ed enterta1nment? Mr. Matthews sa1d probably because 1t br1ngs In other factors such as hours of operat10n. If you don't have enterta1nment there's not much reason to stay open tl11 2:00 a.m. He felt def1n1t10ns of enterta1nment would help. Mr. Matthews sa1d past abuses of enterta1nment were so bad the cit1zens had to reta1n the1r own legal counsel and take away then- C1ty Manager Allen Parker's rlght to grant enterta1nment 11censes. He sa1d the problems have subs1ded Slnce the Clty Manager lost that author1ty but 1t 1S also due to c1t1zen part1c1pat10n aga1nst enterta1nment cafes. . . . Page 7 - P~ann1n9 COMmission Minutes of June 3 1992 He felt strongly that the cltlzens should have better protectlon and a better reVlew process. Chalrman Flfe sald all entertalnment cafe appllcatlons would requlre a CUP process WhlCh lncludes Notlce and a PubllC Hearlng and any declslon of the Plannlng CommlSSlon and Plannlng Dlrector lS appealable to the City Councll. Mr. Matthews sald hlS fear lS an entertalnment cafe appllcatlon wll1 Sllp by because the Noticlng lS 11mlted to 300' and people do get busy wlth thelr own dally 11ves. It takes a lot of work and tlme for Clty resldents to get others to come out and VOlce oplnlons to the Clty. Mr. Matthews sald he does not feel the appeal process lS eaSler and stronger. He was involved wlth an appeal to the Clty Councl1 regardlng Hennessey's and "... It's a mlserable way to go. I don't feel any more secure In knowing that I, as an lndlvldual, can petltlon the Clty Councl1 based on thelr declslons to support Condltlonal Use Permlts II Chalrman Flfe asked lf 1 t was solely entertalnment or was 1 t trafflc nOlse? Mr. Matthews sald the resldents accept 11vlng wlth mlxed uses but don't support expanslon of non-conformlng uses whether they are resldentlal or commerclal. He sald II I have a certaln rlght to expect mlnlmum enforcement of the zonlng text as we see lt ...". Regardlng the nOlse lssue, Commlssloner Orsinl sald beer and Wlne 11censes are restrlcted to closlng tlmes of 11:00 p.m. There are SlX #47 ABC (general 11quor) 11censes In Old Town. The Clty has no control over thelr hours. There wll1 be no more #47 11censes In Seal Beach because they can't meet parklng requlrements as there lS no more grandfathered parklng. Hennessey's was approved through the Clty Councll. Chairman Flfe sald the central and over-rldlng lssue lS dlsturbance of the resldents --- no matter where that dlsturbance comes from. To slngle out and say the problem wll1 be flxed by outlawlng entertalnment cafes perlod end of dlScusslon, leavlng no effectlve way to deal wlth loud restaurants doesn't solve the problem. The focus should be on how do we mlnlmlze the dlsturbance of the restaurants whlle achlevlng some sort of compromlse of the fact that the Clty doesn't want a Maln Street of nothlng but nal1 shops, the Clty needs sales tax revenue. Mr. Matthews sald he dldn't agree; thlS lS a good flrst step. It sends a clear slgnal to what our intentlons are In Seal Beach. Chalrman Flfe asked lf the Clty should move agalnst the restaurant next? Mr. Matthews sald he dldn' t thlnk we were movlng agalnst anybody. He sald the Cl ty should use an enllghtened approach WhlCh looks at the proximlty to your resldentlal nelghborhoods, look at problems that have happened the past. Entertalnment has been a maJor lssue by ltself. Mr. Matthews sald he hoped the CommlSSlon would support an ordlnance tonlght. DaVld Rosenman * 208 Eighth street. Seal Beach - sald many chaln operations, such as Sheraton, Howard Johnson etc., are franchlsed. . . . Page 8 - P~annln9 commi.slon Minutes of June 3, 1992 There 1S no way to know what the1r track record 1S. Comm1SS10ner OrS1n1 sa1d the1r enterta1nment is controlled through their central off1ce. It's a c1rcle, where the enterta1nment goes from one hotel to the next hotel. Mr. Rosenman sa1d he has stayed 1n several franch1sed 10cat10ns that were not up to the chain's standards and the home off1ce could not help h1m as a consumer. The 1ssue 1S not restaurants, the 1ssue 1S n01se 1n prox1mity to res1dences. Reva Olsen * [No Address] Seal Beach - sa1d she would l1ke to see the Comm1SS10n get something on the books because the C1 ty has wasted staff t1me and legal fees on th1s 1ssue. She suggested "Let's get 1nto bus1ness and make th1s C1 ty pay. Th1S 1S r1d1culous to waste all these res1dents' t1me people want government that takes care of people ... let's get th1s C1ty 1n shape and get some ord1nances and put some teeth 1nto them and get some enforcement and stop wast1ng people's time". David Rosenman * 208 E1ghth Street. Seal Beach - commented he had Long Beach fr1ends say they l1ke to come to Seal Beach because 1t's small, qU1et, fr1endly and safe. Before Seal Beach tr1es to become Belmont Shores we should th1nk about what we're g1v1ng up. Sol John * 330 Ma1n Street. Seal Beach - sa1d people who want to gamble or dr1nk should have a boat that would pull up to the p1er and take them off shore for that recreat10n. That would get them away from the city. He sa1d there should be a 9:00 p.m. curfew 1n the C1ty on enterta1nment. No one w1shed to speak aga1nst th1s app11cat10n and Cha1rman F1fe closed the Pub11c Hear1ng. Commiss10n Comments Comm1ss10ner OrS1n1 began to make a rnot10n but Comm1SS10n Dahlman asked for further d1scuss10n. Comm1SS10ner OrS1n1 agreed. Comm1ss10ner OrS1n1 sa1d he does not want to effect the three eX1st1ng enterta1nment cafe perm1 ts. He wants to make certa1n enterta1nment cafes are proh1b1ted on Ma1n Street and Seal Beach Boulevard. The C1ty must get enforcement and control wh1ch are non-ex1stenti we don't have any backbone. The best way 1S to stop 1t completely unt1l we get the controli our problems take too long to resolve. He favored alternat1ve #1. Regard1ng the 300' versus 500' he ment10ned Noel's has had no compla1nts. He agreed entertalnment 1n the Safeway Center would affect Mar1na H1ll. The C1ty'S budget doesn't allow for a Code enforcement off1cer but that's what's needed. Commissloner Sharp sa1d he has some real problems w1th target1ng "enterta1nment" because there are so many forms of enterta1nment. He would have no problem e11m1nat1ng loud mUS1C but would want to reta1n a quiet piano, a soft gU1tar, poetry read1ng, book reviews. . . '. ~ Page 9 - P1annlnq Commission Minutes of June 3 1992 Comm1ss1oner Dahlman agreed, add1ng there 1S a problem def1n1ng what 1t is we want to get r1d of 1n town and what we want to keep. Commiss1oner OrS1n1 sa1d one type of entertainment could lead to another type of enterta1nment. How could th1s be prevented? There 1S no enforcement. Comm1SS1oner Sharp sa1d 1f it were true that there 1S no enforcement then an ord1nance would not be needed 1n any case --- people would do as they please. Cha1rman F1fe 1nd1cated an appl1cant for a spec1al event perm1t should present h1S appl1cat1on to the C1ty and h1s ABC approval at the t1me he appl1es. Mr. Wh1ttenberg sa1d staff would be happy to work w1th ABC to ensure C1ty procedures on spec1al perm1ts conform to what ABC desires. Comm1ss1oner Dahlman sa1d all of the test1mony ton1ght centered on whether or not we should have enterta1nment in close prox1m1ty to resident1al wh1ch 1S addressed by alternative #2. He suggested approv1ng alternat1ve #2, dec1d1ng how many feet d1stance and add1ng a S1X month reV1ew per1od. He sa1d the Comm1SS1on has to make a rule for what 1S g01ng to be allowed 1n the future, separately address1ng what we are g01ng to do w1th what we have. Mr. Wh1ttenberg sa1d, regard1ng the 300' d1stance, staff 1S concerned that 1f adopted 1t would make at least two of the three eX1st1ng 11censed enterta1nment restaurants legal non-conform1ng -- - Spaghett1n1's and Noel's. Panda Panda Restaurant m1ght be - 1t'S close. The only property 1n the C1ty which would be able to have an enterta1nment cafe 1S the red port1on of Rossmoor Center ind1cated on staff's map presentat1on. Mr. Wh1ttenberg sa1d th1s may not be what the C1ty, the Counc11, the Comm1SS1on wants. Comm1SS1oner Dahlman sa1d someth1ng 1sn't right here the Comm1SS1on 1S e1ther outlaw1ng too many or perm1tt1ng too many and none of the alternat1ves make everybody happy. Mr. Wh1ttenberg sa1d staff's suggest10n for C-2 along an arter1al was based on the Plann1ng Comm1SS1on' S dec1s1on to approve Noel's where 1 twas 1mmed1ately adJacent to res1dent1al. When that appl1cat1on was before the Plann1ng Comm1SS1on the staff recommendat1on was to not allow ampl1f1ed mUS1C at that locat1on but the Comm1SS1on dec1ded to allow 1t w1th the 11m1tat1on of f1ve mUS1C1ans. Staff thought Noel's lot area was fa1rly comparable to other lot areas along PCH. The lot S1ze of Noel's 1S approx1mately 15,000 square feet --- a larger parcel than most along PCH. If the Comm1SS1on were to include a m1nimum lot S1ze that's large enough to allow the exist1ng ones to ma1nta1n themselves staff could come back to the Comm1SS1on at the next meet1ng and 1nd1cate how many other parcels along PCH and what's on them now would be over that S1ze lim1tation. Th1S would show what potent1al other locat1ons could be cons1dered 1n the future 1f a new use were to be proposed. Comm1SS1oner Dahlman sa1d that because that suggest10n was not on the staff report's 11St of alternat1ves he wanted to make a mot1on "\ , Pa98 10 - P~annlng Commission Minutes of June 3, 1992 . to re-open the Publ1c Hearing and cont1nue th1s item to a date certa1n. Cha1rman F1fe sa1d he was not prepared to vote for th1s ord1nance in the cond1t1on 1t'S currently 1n. There's a broader problem and th1s 1S one segment of 1t. He referenced the problems at Super Saver Cinema Seven, a fac111ty wh1ch does not have enterta1nment but wh1ch 1mpacts nearby res1dents, as a segment of th1s same problem. Mr. Anto's p01nt of C-l zon1ng be1ng able to be changed to C-2 zon1ng and the d1stance of 300' from the bU1ld1ng may not be reasonable. The problem of f1nd1ng a reasonable accommodat1on between commerc1al uses and nearby res1dent1al 1S a lot more compl1cated than simply outlaw1ng entertainment cafes. The 1ssues must be addressed 1n such a manner that all aspects are handled. The Commiss1on discussed on what date they w1shed to re-hear th1s 1tem. They dec1ded to hear th1s item after resolv1ng the Super Saver C1nema Seven issue. MOTION by Dahlmani SECOND by F1fe to re-open the Public Hear1ng on Zon1ng Text Amendment #92-2 for the purpose of cont1nuing th1S 1tem to the July 15, 1992 Plann1ng Comm1ssion meet1ng. . MOTION CARRIED: AYES: 5 - 0 - 0 Dahlman, F1fe, Sharp, Law, OrS1n1 Mr. Wh1ttenberg summar1zed 1tems staff 1S to 1nclude 1n the next staff report: 1. Interface problems between res1dent1al uses adJacent to commerc1al uses. 2. M1n1mum lot S1ze 11m1 tat10ns for new locat1ons. D1stance requ1rement from exter10r boundar1es of the property for both ampl1f1ed and non-ampl1f1ed enterta1nment. 3. An automat1c S1X month reV1ew of all enterta1nment perm1ts. 4. A prov1s1on that the operator of a bus1ness must be 1n business for "X" months before an enterta1nment appl1cat1on could be subm1tted to the C1ty. 5. Hours of operat1on of eX1st1ng ABC approvals locat1ons 1n the C1ty. enterta1nment cafes to be tied to that have been granted to other 6. Park1ng plan that goes beyond meet1ng the ~ or be1ng grand fathered 1n. Where are the cars g01ng to be parked? On res1dent1al streets? What's the c1rculat1on plan? T1me? .- . . .$ . Page 11 - Planning Commission Minutes o~ June 3, 1992 Dav1d Rosenman * Seal Beach - suggested a c1t1zen volunteer S1t 1n on these d1scuss1ons. Cha1rman Flfe sald thlS would be a good ldea and Mr. Wh1ttenberg agreed. ORAL COMMUNICATIONS There were no oral communlcatlons. STAFF CONCERNS Pol1cy StatementIMax1mum eRAS S1zes Mr. Curt1s presented a proposed POllCY statement sett1ng forth maXlmum dlmenSlons for rectangular, clrcular, L-shaped and stralght CRAS's. [Memorandum on flle In the Planning Department]. The Plannlng Commlsslon, after conslderlng thls matter, recommended a f1nal POllCY statement be consldered at the July 1, 1992 Commlsslon meetlng. Compat1b1l1ty of Use/Veter1nary Cl1n1c for Cats on Ma1n Street Mr. Curtls presented a memorandum to the Commlssion for the1r reVlew as a staff concern at the June 17th meetlng. [Memorandum on flle In the Plannlng Department]. Equ1pment 1n Center of S1dewalk @ st. Cloud/Seal Beach Boulevard Mr. Wh1ttenberg presented the memorandum. [Memo on flle In the Plannlng Department]. Chalrman Flfe asked staff to flnd out who lS llable lf someone were to be lnJured --- GTE or the Clty? Mr. Whlttenberg wlll check with the PubllC Works Department to see lf they lssued an encroachment permit or a llcense for that equlpment to be on the sldewalk. He felt lf thls were the case the Clty would be lndemn1fled. Staff to report back to the Commlss1on. COMMISSION CONCERNS Commlssloner Sharp sald the street by the serVlce statlon near B1Xby has a lot of trash on lt and B1Xby 1S not keeplng lt clean. Staff to notlfy B1Xby immed1ately. ADJOURNMENT Chalrman Flfe adJourned the meeting at 9:45 p.m. Respectfully Subm1tted, ~o~~r- Joan F1llmann Recordlng Secretary Approval: The Plannlng Commlss1on Mlnutes of June 3, 1992 were approved by the Plannlng CommlSS1on on July 1, 1992. ~