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HomeMy WebLinkAboutPC Min 1992-07-15 . . . , , ~. I. II. III. IV. V. CITY OF SEAL BEACH PLANNING COMMISSION MEETING AGENDA JULY 15, 1992 7:30 P.M. * Clty Councll Chambers 211 Elghth street, Seal Beach, CA PLEDGE OF ALLEGIANCE ROLL CALL CONSENT CALENDAR 1. Minutes of July 1, 1992 SCHEDULED MATTERS 2. Electlon of Chalrman and Vlce Chalrman [Contlnued from 7-1-92] PUBLIC HEARINGS 3. Minor Plan Address: Appllcant: Owners: Request: Resolutlon: 4. Condltlonal Address: Appllcant: Owner: Request: Resolutlon: 5. Condltional Address: Appllcant: Owner: Request: Resolutlon: ReVlew #92-12 505 Ocean Avenue Kurt Donat, Archltect Danlel and Yvonne Balley Covered roof access In connection wlth a new two-story single famlly resldence wlth lnternal stalr access to thlrd floor roof terrace. Not needed for Minor Plan ReVlew. Use Permlt #2-89 143 Maln Street Paplllon's Restaurant Nader Tahvlldarl Dorothy M. Nescher Indeflnlte extenslon/ABC #47 llcense #92-25 Use Permlt #8-91 16281 Paclflc Coast Hwy. Noel's Restaurant Salvatore Camelia Salvatore Camella Indeflnlte Extenslon/ABC #47 llcense #92-18 . . . VI. VII. VIII. IX. 6. Condl.tl.onal Address: Appllcant: Owner: Request: Resolutlons: Use Perml.t #92-3 and #92-4 333 Flrst street John Abboud Seal Beach Country Club, dba Oakwood Apartments Approval of a convenl.ence store wlth a #20 ABC llcense (Off-Sale Beer & Wine) Wl.thln a resl.dential complex wlth more than 150 unlts (Oakwood Apartments) . #92-13 and #92-14 7. Zoning Text Amendment #92-2 Re: Entertalnment Cafes [Contlnued from 6-3-92] Appllcant: Clty of Seal Beach Resolutlon: #92-26 NOTE: Thl.S matter wl.ll not be consl.dered tonl.ght. The Publl.c Hearl.ng wl.ll be contl.nued to August 19, at that tl.me the Publl.c Hearl.ng Wl.ll be conducted. 8. Zoning Text Appllcant: Request: Resolutlon: ORAL COMMUNICATIONS STAFF CONCERNS COMMISSION CONCERNS ADJOURNMENT Amendment #92-5 Clty of Seal Beach New Standards for Expansions conformlng Structures. #92-4 to Non- . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF JULY 15, 1992 The regularly scheduled Planning Comm1SS1on meeting of July 15, 1992 was called to order by Chairman F1fe at 7: 31 p.m. 1n C1ty Council Chambers. PLEDGE OF ALLEGIANCE Chairman F1fe led the Pledge of Allegiance. ROLL CALL Present: Cha1rman F1fe Comm1ss1oners Dahlman, Law, Ors1ni, Sharp Staff Present: Department of Development Serv1ces: Lee Wh1ttenberg, Director Joan F1llmann, Executive Secretary CONSENT CALENDAR 1. Minutes of July 1, 1992 MOTION by Sharp; SECOND by Orsini to approve the Planning Commission Minutes of July 1, 1992 with two corrections: At page 12 the motion was clarified by change "re-advertise" to "approve" and adding "by adopting Resolution #92-16" after "Amendment #92-4". At page 14, line 4, the words "on the street" are to be removed. MOTION CARRIED: AYES: ABSTAIN: 4 - 0 - 1 Sharp, Orsini, Law, Dahlman Fife *** SCHEDULED MATTERS 2. Election of Chairman and Vice-Chairman NOMINATION by Dahlman; SECOND by Orsini to nominate Phil Fife as Chairman. MOTION to close by Sharp. NOMINATION CARRIED: 5 - 0 - 0 AYES: Dahlman, Orsini, Sharp, Fife, Law NOMINATION by orsini; SECOND by Fife to nominate Anton Dahlman as Vice Chairman. MOTION to close by Sharp. NOMINATION CARRIED: 5 - 0 - 0 AYES: orsini, Fife, Sharp, Dahlman, law *** Page 2 - Planning Comm1SS1on Minutes of July 15, 1992 ~ PUBLIC HEARING 3. Minor Plan Review #92-12 505 Ocean Avenue staff Report Mr. Wh1ttenberg presented the staff report. [Staff report on f1le 1n the Planning Department]. The appl1cant, Arch1tect Kurt Donat for owners, Dan1el and Yvonne Ba1ley, requests a covered roof access (CRAS) in connect1on w1th a new two-story single fam1ly residence with an 1nternal sta1r access to the third floor roof terrace. Staff recommended approval subJect to two condit1ons of approval. Comm1ss1on Comments The Comm1SS1on asked why a Minor Plan Review d1d not need a resolut1on? Mr. Whittenberg said C1ty policy has been not to record the Planning Commission's action on M1nor Plan ReV1ews by resolut1on. The Planning Comm1ssion' s act10n has been recorded by a letter to the appl1cant sent after the meet1ng. Staff has discussed this 1ssue w1th the C1ty Attorney's Off1ce and 1t may be recommended the Plann1ng Comm1ss1on change th1s policy and requ1re a resolution for all Plann1ng Commiss1on actions. . The Commission discussed the CRAS, the Jacuzzi w1th deck and planter boxes on the roof deck/terrace. Concern was expressed that someone standing next to the jacuzzi could lean back and perhaps fall to the ground because the Jacuzz1 deck effect1vely lowered the wall height at that point. Publ1C Hear1nq Kurt Donat. Arch1tect * 503 32nd Street. SU1te 130. Newport Beach . Mr. Donat sa1d 1f a person were standing on the Jacuzz1 deck he would be very close to the top of the wall. The Jacuzz1 1S 4' away from the parapet wall and is elevated 18 - 20" above the floor of the roof deck. The parapet wall 1S 2' above the Jacuzzi; he could add 1~' of tempered glass and still be w1th1n the 25' he1ght 11mit. Cha1rman F1fe sa1d the safety guard of 1~' should be added on top of the parapet wall. Mr. Wh1 ttenberg proposed a clear plex1glass panel. Mr. Donat sa1d it was not structurally necessary for the glass wall to extend all the way to the ch1mney. The Comm1ss1on and Mr. Donat d1scussed whether the glass should be placed on the 1ns1de or outs1de of the planter. Mr. Donat sa1d 1t would look less obtrus1ve 1f the glass partit10n were on the 1nter1or on the planter. The planter box runs 14' from the ch1mney to the end of the Jacuzzi. Mr. Donat sa1d he had no problem 1n dev1s1ng . . . Page 3 - Plann1ng Comm1ss1on M1nutes of July 15, 1992 a solution for th1s safety question. He planned to add a wood cap on top of the glass. Staff sa1d that 1S acceptable. Chairman Fife noted this was the first CRAS reV1ew that included planter boxes. He asked the type and he1ght of plants and shrubs to be used. The planter 15 about 2' - 2~' w1de. Mr. Wh1 ttenberg sa1d staff reviews and approves landscaping plans by authority of the C1ty's bU1ld1ng perm1t approval process. Staff review has come more 1nto effect Slnce the Comm1ss1on amended the municipal Code to requ1re a certa1n percentage of the lots themselves be landscaped. Bob Eagle of the Publ1C Works Department reV1ews these plans. At that he1ght, ground cover and annuals would be allowed. No one w1shed to speak further for or aga1nst th1S matter. Cha1rman F1fe closed the Publ1C Hear1ng. commission Comments MOTION by orsini; SECOND by Sharp to approve Height Variation #92-12 with the following conditions in place: 1. Height Variation #92-12 is approved for construction of a covered roof access structure in excess of the height limit at 505 Ocean Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Height Variation #92-12. 3. The plant materials in the roof-terrace planter boxes are not to exceed three (31) feet. 4. An additional safety structure shall be installed adjacent to the jacuzzi located on the roof deck to the satisfaction of the Building Department. This partition wall is to be a minimum of thirty-six (36") inches in height and shall not exceed 251 in total height from the ground. MOTION CARRIED: AYES: 5 - 0 - 0 Orsini, Sharp, Fife, Law, Dahlman *** 2. Conditional Use Permit #2-89 143 Main Street * Papillon Restaurant Staff Report Ms. F1llmann delivered the staff report. file 1n the Plann1ng Department]. The [Staff report on appl1cant, Nader . Page 4 - Planning Commission Mlnutes of July 15, 1992 Tahvlldarl, requests the City's lndefinlte extension of Condltlonal Use Permit #2-89 at 143 Main street, Seal Beach for the Papillon restaurant. Commlsslon Comments commissioner orsini asked lf alcohollC beverages could be advertlsed on outslde awnlngs? Mr. Whl ttenberg sald the POllCY has been not to allow the advertlslng of alcohollC beverages on the premises' exterlor In any manner. Chalrman Fife, referenclng the July 10, 1992 letter from Dale Rasmussen, Dlstrlct Admlnlstrator, Department of AlcohollC Beverage Control, noted that the more restrlctlve condltlons take precedence, whether they be the Clty'S condltlons or the ABC's condltlons. Chalrman Flfe noted the Clty says the applicant can open at 9:00 a.m. and the ABC says he can open at 10:00 a.m. and asked staff for thelr Vlew. Mr. Whlttenberg sald the applicant would have to comply with the locally imposed condltions. ABC's posltlon might be that the appllcant could open at 9:00 a.m. but could not sell alcohollC beverages untl1 10:00 a.m. . Commlssloner Dahlman dlscussed the problems that can occur when the Clty is not notlfled of ABC's condltlons. He noted Mr. Rasmussen's letter talks about Spaghettlnl's Restaurant. It says ABC wll1 notlfy Spaghettlni's of thelr declslon but they are not gOlng to notlfy the City. They wll1 make their declslon available to the Clty. He questloned why ABC Just doesn't send this lnformatlon to the Clty? Mr. Whlttenberg explalned ABC has had severe staff cuts and doesn't have the manpower to research older files. They wlll, however, make their flIes avallable to the Clty. Ms. Fillmann lndlcated staff wll1 be addlng a new standard Condltlon of Approval, requesting the appllcants send the City a copy of thelr ABC 11cense and condltlons. Commlssloner Orslni sald that Spaghettlnl's should have gone through the ABC before the City for the entertainment permlti the reverse happened. . Commlssloner Dahlman questloned the deflnltlon of "bona fide" eatlng place. He felt the Commisslon had been led to belleve a bona fide eatlng place was defined by the percentage of food to 11quor revenue but that was not the deflnltlon provlded In the staff report. Mr. Whl ttenberg sald ABC can place a condltlon on an appllcant requlrlng a certaln percentage of food be sold over a percentage of alcohol. Mr. Whittenberg sald the staff report provldes a speclflc provlsion of the BUSlness and Professions Code. In addltlon to the Buslness and Professlons Code there are regulatlons In the Callfornla Adminlstrative Code WhlCh provlde additlonal clariflcation for deflnltlons for the establlshments ABC regulates. The percentage crlterla appears In the Callfornla Admlnlstratlve . Page 5 - Planning Comm1SS1on M1nutes of July 15, 1992 Code. Comm1ssioner Dahlman sa1d "OK, as long as everybody agrees what 1t means. That's what matters". Comm1SS1oner Dahlman felt the other #47 ABC licensees were requested by the City to close around 11: 00 p. m., he asked why thlS restaurant closes at 1: 00 a.m.? Mr. Whlttenberg sa1d for th1S part1cular restaurant the hours were approved ln 1989. Commiss1oner Dahlman noted the week-day hours are more 11beral than what has been approved in the recent past. Commissloner Dahlman asked about the 1n-I1eu park1ng fees? Mr. Wh1ttenberg sa1d the 1n-lieu park1ng fees are from the older in-I1eu park1ng program. There are agreements w1th the Cal1forn1a Coastal Comm1ss1on establlsh1ng the fees for that property. Publ1C Hear1nq . Nader Tahv1ldar1 - 143 Ma1n street - Pap11lon Restaurant Mr. Tahvlldar1 introduced himself as the owner of Pap11lon restaurant. He sa1d h1S Sunday brunch starts at 10:00 a.m. He asked what d1fference 1t makes if he opens at 9:00 a.m. or 10:00 a.m., he has never had any problems and doesn't 1ntend to have any problems. Regard1ng the hours, he goes home at 9: 00 p.m. on Sundays. Cha1rman F1fe clar1f1ed that he thought the restaurant opened at 9:00 a.m. on Sundays and he d1dn't want Mr. Tahv1ldari to get 1nto trouble w1th the ABC. If he does open at 9:00 a.m. he would have to resolve that wlth ABC; he should follow that up. Mr. Tahv1ldar1 sa1d the percentage of food to alcohol doesn't have any meanlng. He m1ght have a $200 bottle of W1ne and h1S entre is $16, therefore he wouldn't be a bona f1de eat1ng place --- that wouldn't make any sense. As long as he serves food in the manner that ABC accepts the food that's what they call "bona f1de". Comm1ss1oner Dahlman sa1d that's what he was afra1d of and felt the Comm1ss1on needed to look lnto that a b1t further, adding the rule 1S flawed for the reason given. Regard1ng the hours, they are set w1th the CUP to m1n1m1ze confl1ct with surround1ng res1dents. Mr. Tahv1ldar1 sa1d he would not apprec1ate hav1ng h1S old hours changed; he has always kept the same hours. Also, his restaurant has no surround1ng res1dents. His week-day clos1ng hour 1S 1:00 a.m. If It'S slow, 1t closes earl1er. Comm1ss1oner Ors1nl sa1d the ABC says you can't turn your restaurant 1nto a publ1C prem1ses bar; you could not serve cold sandw1ches Just to say you're serv1ng food. A real restaurant has a well set-up k1tchen with wa1tresses; there are several factors 1nvolved. . The Comm1ss1on d1scussed advert1sing and the word "cockta11" written on the appl1cant's slde door awn1ng. Mr. Tahvlldari sa1d the word "cockta1Is" 1S not 11ke a neon slgn advert1s1ng . . . Page 6 - Planning CommlSSlon Minutes of July 15, 1992 alcohol sales, It'S telllng people cocktalls are served there. Mr. Tahvlldari sald he planned to put up new awnlngs but, saYlng "cocktalls" lS not advertlslng per se. Commlssioner Orslni said "cocktalls" means mlxed drlnk, and questloned what lS the dlfference between the words "cocktall" and "beer"? Mr. Whlttenberg said the Clty's POllCY, as set by the Plannlng Commlsslon, has been not to allow any advertlslng of alcoholic beverages belng avallable wlthln a partlcular locatlon. He lnterpreted the Commlsslon's POllCY to mean nelther the wordlng "beer" or "cocktall" would be allowed. It would be up to the Plannlng Commisslon to determlne lf that would be appropriate or lnappropriate In this partlcular case. Chalrman Flfe asked lf any other applicant had that wording? It was determlned "wlne and splrlts" was palnted on the wlndow at Walt's Wharf. Mr. Whittenberg sald 11quor stores call themselves "llquor stores" and 11quor's an alcohollC beverage. Conslderatlon for generlc terms themselves lS somethlng the Planning CommlSSlon allows. The Planning CommlSSlon needs to make a declslon on how far in that regard lt wants to go. There lS no ordlnance requirement prohibl tlng the type of slgnage the Commlsslon has been restrlcting In previous applicatlons; It'S been a POllCY action of the Commisslon. Most of those have lnvolved lighted slgns in wlndows. Commlssioner Sharp sald he never related the slgns In the windows to a slgn on the outslde of the bUlldlng that sald he served cocktalls and food. CommlSSloner OrSlnl sald he wanted to develop a pattern for falrness for all merchants. Mr. Tahvildarl sald there would be nothlng wrong with Don Juan's Taco House wrlting "beer and wlne" on the window but not havlng 11ghted slgns. Mr. Whlttenberg sald the past Commlssion actlons have not allowed for lighted wlndow signs. He would lnterpret that, based on what eXlsts at Walt's Wharf and a couple of other locations, lf It's a generlc lndlcation that alcohollC beverages are avallable lnslde the premlses and that is painted on the window or the wall of the bUlldlng or on an awning, the Commisslon' s preVlOUS actlons would be consistent wlth that. Merchants could not have a 11ghted slgn In the wlndows to advertlse a partlcular brand. Chalrman Fife sald hlS understandlng was the Plannlng Commlsslon was aimlng at the classlc 11ghted beer slgns In the wlndows or a neon dlsplay of a cocktail glass. The Commlssion wanted to get away from the heavy advertlslng that emphaslzed alcohol. The particular vendors could push these 11ghted slgns on the establishments creatlng a honky tonk look up and down Maln Street. The phllosophy was you wouldn't advertlse In the wlndows, you wouldn't use 11ghted slgns and you wouldn't push a particular brand but that's not the same thing as announclng you serve alcohollC beverages. He thought "beer and wine" could be painted or etched on wlndows. No one wished to speak further In favor or Opposltlon to this appllcatlon and the PubllC Hearlng was closed. Page 7 - Planning Comm1ssion Minutes of July 15, 1992 . commission Comments . Mr. Wh1ttenberg suggested add1ng the word "lighted" to Cond1t1on #7, to read "No 11ghted alcoho11c beverage s1gns shall be located 1n the window areas. Cha1rman F1fe sa1d he would want to go beyond that, add1ng "No advertis1ng of a particular brand or alcoho11c product". Comm1SS1oner Dahlman said th1s should 1nclude paper signage, not Just a 11ghted sign. The lighted s1gns can be posit1oned inside the premises so they are vis1ble from the exter1or. Mr. Whittenberg sa1d staff will review the most recent cond1t1ons and place that same cond1tion 1nto th1S resolution. Comm1ssioner Ors1ni requested the Sunday clos1ng hours be changed from 9:00 p.m. to 11:00 p.m. Comm1ssioner Dahlman sa1d he would agree if the week-day closing hours also conform to what the Plann1ng Comm1ss1on granted other merchants --- not 1:00 a.m., but 11:00 p.m. Commiss1oner Ors1ni sa1d the 11:00 p.m. clos1ng t1mes pertain to #41 beer and W1ne licenses. The #47 11censes are general liquor and they stay open to 1:00 a.m. Commiss1oner Dahlman asked Comm1ss1oner Ors1n1 to clar1fy the difference between a #41 and a #47 11cense and why a #41 must close at 11:00 p.m. and a #47 closes at 1:00 a.m.? Comm1ss1oner Ors1n1 sa1d the beer and wine estab11shments are smaller type restaurants that close early. If a smaller type restaurant stays open beyond 11:00 p.m. they are a tavern, they are sel11ng beer, 1t becomes almost a pub11C prem1se. In a full restaurant, people w111 go 1n to eat at 9:30 p.m. If they eat slowly, they may have a cockta11 or an Ir1sh coffee later. Comm1ss1oner Sharp said that when the restaurants come before the Comm1ss1on they state what hours they want to operate and to h1S recollect1on the Planning Comm1ss1on has never forced a restaurant to close ear11er than they wanted. Commiss1oner OrS1n1 said SeaS1de Gr111 wanted 1:00 a.m. and they were given 11:00 p.m. BaJa B111s had restr1cted hours but there were other extenuat1ng problems. MOTION by orsini; SECOND by Sharp to approve Conditional Use Permit #2-89, by the adoption of Resolution No. 92-25, thus indefinitely extending the on-sale general liquor license (#47 ABC license) at 143 Main Street, papillon' s restaurant. There are two changes to the conditions, which are as follows: #5. with the applicant's consent the hours of operation shall be: 11:00 a.m. to 1:00 a.m. Monday through saturday 9:00 a.m. to 11:00 p.m. Sunday . #7. No liahted beverage signs shall be located in the window areas, nor shall a particular brand or alcoholic product be advertised. Interior disPlays -.. . . . Page 8 - Planning Commission Mlnutes of July 15, 1992 of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition. MOTION CARRIED: AYES: NOE: 4 - 0 - 1 Orsini, Sharp, Law, Fife Dahlman *** Chairman Fife called a recess from 8:55 p.m. to 9:10 p.m. 3. Conditional Use Permit #8-91 16281 Pacific Coast Highway * Noel's Restaurant staff Report Mr. Whlttenberg delivered the staff report. [Staff report on flle In the Plannlng Department]. The appllcant, Salvatore Camella, requests lndeflnlte extenslon of Condltlonal Use Permlt (CUP) #91-8, an on-sale general llquor llcense at Noel's restaurant, 16281 Paciflc Coast Hlghway, Seal Beach. The current hours are 11:00 a.m. to 11:00 p.m. dally. Staff recommended approval. Commlsslon Comments Commlssloner Orslnl asked why the Commlsslon was not glven a set of condltions from ABC? Mr. Whlttenberg sald staff has been able to obtaln a copy of some of the condltlons from ABC, but not for thlS location. Commlssioner OrSlnl sald he would then llke to contlnue thlS matter untll a copy of the ABC condltions are supplled. Chalrman Fife he felt the CUP appllcants should supply staff and Plannlng Commlsslon wlth coples of the ABC condltlons. The ABC petltlon for the transfer of the llcense was provlded to the Commlsslon but does not have any condltlons. Chalrman Flfe suggested addlng to the standard condltion #5 verblage that says the appllcant lS to provlde the Plannlng Department a copy of hlS ABC llcense and any conditlons placed on It. CommisSloner Law asked about the Code vlolatlon of a roof banner at Noel's. Commlssloner Orslnl sald the banner was still up today. Commlssloner OrSlnl asked what would happen lf the ABC condltlons state no entertainment and the Clty grants It? Chairman Flfe sald he felt that would become the appllcant's problem. Mr. Whlttenberg sald that on future appllcatlons for entertalnment at restaurants servlng alcohollC the entertainment permlt through the Clty will not become effectl ve untll the Cl ty lS provlded proof that ABC has granted their approvals for the entertainment also. Commlssioner Orslnl agreed, saYlng rlght now the Clty assumes . Page 9 - Plannlng Commisslon Mlnutes of July 15, 1992 the 11ablllty. Clting Spaghettinl's restaurant, the City granted them an entertainment license, ABC comes down on them and says you lose your 11cense, the Clty never had the rlght to grant It. Mr. Whlttenberg dlsagreed, saying the Clty has the rlght to glve lt to them. It's the appllcant's responslblllty to ensure he lS meetlng the requlrements of both the Cl ty and the ABC. Commlssioner OrSlnl sald thls should be put into the CUP application --- that the appllcant must clear 1 t Wl th ABC that they can have entertainment. ThlS wll1 be done ln the future. Chairman Flfe sald the generlc conditlon that the applicant comply wlth ABC restrictlons placed on the license covers that. The Clty does not suggest by ltS approval that an appllcant can 19nore hlS ABC requirements. PubllC Hearinq The appllcant was not present. Mr. Whlttenberg sald he met wlth the appllcant Thursday or Frlday of thls week and lndlcated to hlm he should attend thls meetlng. There was no one who wlshed to speak for or agalnst thls appllcatlon. . MOTION by Sharp; SECOND by Law to continue the Public Hearing on CUP #8-91 to the August 5, 1992 Planning Commission meeting to allow the applicant to appear and to have the ABC conditions for Commission review. MOTION CARRIED: AYES: 5 - 0 - 0 Sharp, Law, Fife, Dahlman, Orsini *** 4. Conditional Use Permits #92-3 and #92-4 333 First Street (Oakwood Garden Apartments) staff Report Mr. Whlttenberg delivered the staff report. [Staff report on file ln the Plannlng Department]. The appllcant, John Abboud, requests approval of a convenlence store with an off-sale beer and wine license wlthln a residentlal apartment complex wlth more than 150 unlts located at 333 Flrst Street, Seal Beach (Oakwood Apartments). . Mr. Whlttenberg lndlcated, for the on premlse sale of beer and wine, the City's munlclpal Code requlres that all access to the accessory use shall be from a lobby, patlo, courtyard or interlor walkway. Pursuant to ABC Rule 27 any establlshment selllng on-sale or off-sale beer, Wlne and/or llquor must be open to the general publlC. There lS a dlrect confllct and therefore staff recommended denial of CUP #92-4. Staff . Page 10 - Plannlng Commisslon Minutes of July 15, 1992 recommended approval of CUP #92-3 for the convenlence market subject to conditlons. Commlsslon Comments The Commlssion noted the Old Ranch Country Club lS open to the publlC. CommlSSloner OrSlnl thought they had a club ABC license --- llke an Elks club. The Commlssion dld not know If they were subject to ABC's Rule 27. Chalrman Flfe said this lS the f lrst tlme he has encountered a rule which broadly states that any establlshment selling on-sale or off-sale beer or wine must be open and accessible to the publlC. A brlef dlscusslon of Rule 27 ensued. Mr. Whlttenberg sald the Plannlng Commisslon mlnutes in 1971 were mlnlmal and gave no lndlcatlon of lntent of the Code Sectlon 28-800(3) (3) when It was adopted. Publlc Hearinq . Larrv Mlller. ESqUlre * 5850 Canoqa Ave.. Woodland Hills. CA Mr. Mlller introduced himself as an attorney wlth the law firm of Mlller & Chernoff. At thls meetlng he represents both John Abboud and the Seal Beach Country Club/Oakwood Apartments. He stated the property owner and appllcant agrees to all condltlons of approval In the staff report for CUP 92-3. Regarding CUP #92-4, the concerns for mlnors loiterlng, gate guarded communlty and how to enforce the ABC regulatlons have been dlscussed. The gates are unlocked from 9:00 a.m. to 6:00 p.m. with access through the lobby to members of the general publlc and residents. The Seal Beach Flre Department and Pollce Department have pass keys to allow lmmedlate access. They would have no obJectlon to providlng a pass key to ABC and Dlrector Whlttenberg. Thls lS prlmarlly and adult communlty but they would agree that the applicant and Oakwood security would strlctly monltor mlnors' purchases and gatherlng. Regardlng ABC Rule 27 and the alleged confllct between munlcipal Code sectlon 28-800(3) (e) and thelr interpretatlon lS the language of the Seal Beach munlclpal Code lS non-excluslve and does not prohlblt the concurrent use of the faclllty. The language of speclflc convenlence does not exclude the use of other segments of the population or general publlc. The lobby lS open to the general publlc. The proJect contalns 549 unlts of whlch 436 are occupled. At the suggestlon of Commissloner Orslni, several weeks ago Oakwood went to each of the lndlvidual resldents by letter and door- to-door canvasslng and secured a petitlon for thelr Vlews on the convenience store wlth a beer and Wlne license. Coples were presented to staff and the Commlsslon. Of the 436 occupled unlts, Oakwood talked to 89% of those unlts. Each lndlcated thelr approval and consent to that operatlon. They belleve the convenience store wlth a beer and Wlne llcense would beneflt the resldents and thelr guests but could also beneflt the Clty of Seal Beach by reduclng traffic on Flrst . . Page 11 - Plann1ng Comm1ssion Minutes of July 15, 1992 street and Pacif1c Coast H1ghway as res1dents wouldn't dr1ve to local stores to purchase certain 1 tems. The res1dents would not chance to drink and dr1ve. The publ1C use 1S lim1ted --- there are no signs advert1s1ng the fac111ty, no access other than through the lobby doors. Cha1rman Sharp asked 1f they have appl1ed for the ABC 11cense? Mr. M11ler sa1d the applicant was advised he needed to secure a C1ty CUP before applying. . Helen Evans. Manaqer. Oakwood Apartments * Seal Beach Ms. Evans expla1ned a person could enter off F1rst Street and go r1ght into the store. The complex is gated, but that only restr1cts automob1les. There 1S a front door that's open. The small off1ce 1S a Hertz rental car off1ce. If approved, th1S area w111 be rebu1lt for the conven1ence store. The contemplated hours of operat1on are 9:00 a.m. to 9:00 p.m. The office 1S open from 9:00 a.m. to 6:00 p.m. After 6:00 p.m. the front door is locked and res1dents have pass cards. They are prepared to live with no selling of beer after 6:00 p.m. There would be no problem glving a pass key to the C1ty's Planning Director. When asked for the age compos1t1on of the complex, Ms. Evans sa1d the apartments are 85% to 90% corporate persons with many p1lots from McDonald Douglas rent1ng. Dur1ng the summer W1ves and ch1ldren V1S1t. The average age of children is 4 to 5 years; there are few school age children. Cha1rman F1fe said a cond1tion could be placed that, with the appl1cant's consent, the hours of the conven1ence store shall be 9:00 a.m. to 9:00 p.m. prov1ded that alcoholic beverages may be sold only dur1ng the hours the convenience store 1S access1ble to the general publ1C. That would make the C1ty'S approval cons1stent w1th 1ts understand1ng of the ABC's cond1t1ons. I Commiss1oner Dahlman asked 1f there are other serV1ces currently at Oakwood that are open to the general publ1C during those hours? Ms. Evans sa1d no. Mr. M11ler sa1d 1 t is the1r position that the language of the Seal Beach Code is non-exclus1ve and does not proh1b1t the concurrent use of the fac111ty of the conven1ence store to comply w1th the ABC requirement. If ABC was w1ll1ng to 1ssue a 11cense Wh1Ch would prov1de for not be1ng open to the general publ1C they would 11ke to restr1ct the use only to the res1dents. They don't see a confl1ct or inconsistency, stat1ng both Rule 27 and the C1 ty ord1nance can be followed by the appl1cant W1 thout v1olat1ng e1 ther. He suggested a C1 ty Attorney op1n1on on whether th1s 1S exclus1ve or proh1b1t1ve. Comm1ssioner Dahlman sa1d the word 1S "spec1f1C" Wh1Ch means the res1dents and the1r guests. That sounds exclus1ve to h1m. Mr. M1ller sa1d he felt a reasonable argument could be made . . . Page 12 - Plann1ng Comm1ssion M1nutes of July 15, 1992 that 1t can be 1nterpreted that 1t's non-exclUS1ve. Comm1SS10ner Dahlman asked Mr. Wh1ttenberg for his view on why th1S Code sect10n 1S wr1tten this way. Mr. Wh1ttenberg sa1d the Plann1ng Comm1SS10n minutes for the meet1ng when th1S section was adopted are very 11m1ted with no helpful d1Scuss10n, indicat1ng the sect10n was proposed and approved. Staff interpretat10n of the term "specif1c" 1S that the word was put there to limit the uses w1th1n this part1cular type of an operation to those persons who res1de with1n the complex itself and not open to the general publ1C. Comm1ss10ner Dahlman sa1d if the Oakwood complex were opened to other uses (gas stat10ns, 11quor stores etc.) 1t would soon be a mall. Commiss10ner Dahlman suggested the conven1ence store not be1ng v1s1ble from the street and not v1sible from a publ1C waterway. Mr. M111er sa1d 1 t would not be v1s1ble, the conven1ence store would be located in the m1ddle of the building. Cha1rman F1fe sa1d, regarding the Code sect10n 28- 2800(3) (e), 1f the word "spec1fic" 1S intended to mean "exclus1ve" as contrasted with "pr1mary" that would effect even the usage as a conven1ence store w1thout alcohol because it 1S then a commerc1al use. Commiss10ner Dahlman felt that desp1te what the appl1cant was saY1ng, the conven1ence store would w1nd up be1ng almost ent1rely used by Oakwood res1dents and guests. Comm1ss10ner Sharp sa1d he d1dn't see a problem with its be1ng exclus1vely used by the res1dents except the ABC has the rule 1t must be open to the publ1C; d1Scussion back and forth won't solve th1S. Comm1ss10ner Dahlman sa1d he has been fortunate enough to attend several pr1vate country clubs but has never seen a store where you could buy potato Ch1pS or a beer and drive off with it. Comm1SS10ner Ors1n1 asked what Oakwood has for security? Ms. Evans sa1d she has a security off1cer who comes on at 3:00 p.m. to 7:00 a.m. Then ma1ntenance people from 7:00 a.m. Commiss10ner OrS1n1 said he was 1nterested in secur1ty to act as a deterrent to m1nors want1ng to buy 11quor. Bob Raqland * 484 Schooner Way. Seal Beach Mr. Ragland spoke 1n opposit10n to th1S these appl1cat10ns. He stated he has been a res1dent of Schooner Way for f1fteen years and has w1tnessed an ambulance enter1ng Oakwood Apartments once a month for a f1ght or drug overdose, the police com1ng every two weeks for exceSS1ve n01se, heard very loud part1es from the upper floors when the slid1ng glass doors are open, on July 3, 1992 11stened to men 1n the Oakwood park1ng lot yell1ng obscen1ties at 2:00 a.m., many July 4th bottle rockets. Alcohol won't help. He felt the Oakwood residents are younger than purported. He asked where the park1ng would be as there is no park1ng on F1rst Street. He felt there must be a slgn to let the publ1C know where the store is. He favored no alcohol, Just a store. He noted there are f1ve 11quor stores w1th1n walk1ng d1stance of Oakwood. . Page 13 - Planning Commisslon Mlnutes of July 15, 1992 Chalrman Flfe asked staff what the off-street parklng requlrements are for thlS store? Mr. Whl ttenberg sald staff's lnterpretatlon lS that the store would not be open and accesslble to the general publlC. It's an accessory use of the resldentlal complex ltself. It would then require no more parklng than lS currently provlded withln the complex. If lt were open to the general publlC, addltlonal parklng would be requlred. The calculatlon would be one parklng space for every 300 square feet of bUllding area of the store --- this would be flve spaces for 1258 square feet of store. The complex lS currently parked at 1~ parking spaces per unlt with no excess over thlS requlrement. The pOlnt to keep ln mlnd, is staff's approval of the convenlence market is wlth the understanding that lt is not open to the general publlC. . Commlssioner Dahlman noted Oakwood Apartment lS a permltted use ln a resldential zone but thlS convenlence store lS a commerclal use and therefore must be heavlly restrlcted. If It'S open to the publlC It's a commerclal use and the zonlng would need to be changed. Chalrman Fife agreed, saYlng lf you sell beer and wine you have to be open to the public pursuant to ABC condltions. Once you become open to the publlC, you fall under City zoning law and parklng requlrements WhlCh probably cannot be met and would need a Zonlng Text Amendment. Commlssloner Dahlman sald thelr problem lS wlth the ABC ln belng open to the publlC. Mr. Mlller sald, wlth respect to Mr. Ragland's comments, Oakwood is deallng with 480 occupled unlts and he dldn't know what the ratlo of pollce calls to other complexes lS but he dldn't thlnk Oakwood's lS exceSSl ve. They believe the sale of beer or Wlne would not lncrease complalnts as alleged by Mr. Ragland. Chairman Flfe sald flrst you run into parklng and zoning requlrements lf you're open to the publlC then to other lssues. If you don't sell beer and Wlne you're not requlred to be open to the publlC and you don't have to deal wlth the parking and zonlng requirements. Mr. Mlller sald the appllcant and owner are not prepared at thlS tlme to waive the ABC application. Chalrman Flfe sald lf the Commlsslon approves only the convenlence store, the appllcant has the rlght to appeal to the Clty Councll, to declde not to bUlld lt at all or maybe get the ABC to change lts rules. No one wished to speak further, elther for or against this appllcatlon. Chalrman Flfe closed the PubllC Hearlng. . MOTION by Sharp; SECOND by Dahlman to qrant Conditional Use Permit #92-3 by the adoption of Resolution No. 92-13, subject to the nine (9) Conditions of Approval outlined in the staff report. Conditions #3 and #S will be chanqed to read: . . . Page 14 - Plann1ng Comm1SS1on M1nutes of July 15, 1992 3. All uses shall be conducted wholly within the enclosed building. The door outside be chanqed to "emerqencv exit" only. 5. No signage for convenience store may be visible from any public or private street or water waVe MOTION CARRIED: AYES: 5 - 0 - 0 Sharp, Dahlman, Fife, Law, Orsini Commiss1oner Dahlman said he could support th1s Mot1on because 1t 1S really not open to the publ1c. The appl1cant d1d not present enough eV1dence to convence Comm1ss1oner Dahlman that 1t really 1S open to the publ1c. It w111 probably be for the spec1f1c use of the res1dents and the1r guests. Comm1SS1oner Sharp sa1d he would be 1n favor of grant1ng Cond1t1onal Use Perm1t #92-4 w1th the st1pulat1on that 1t not be open to the public and that they would have to get a 11cense from ABC st1pulating 1t wasn't open to the publ1C. MOTION by Fife; SECOND by orsini to deny Conditional Use Permit without prejudice, by the adoption of Resolution No. 92-14. The applicant may re-submit his application in the event he can work something out that does not require the store to be open to the public in the event it sells beer and wine. Director Whittenberg advised that if approved, this motion would require the filing of a new application and a new filing fee by the applicants. If the matter were continued, allowing the applicants to meet with ABC to see if there were a different type of license they would apply for, they could amend their application. MOTION WITHDRAWN BY CHAIRMAN FIFE. MOTION by Fife; SECOND by Orsini that the Public Hearing for Conditional Use Permit #92-4 be continued to the Planning Commission meeting of September 9, 1992. with instruct10n to staff that a Police Department report regarding OakwoOd Apartments to accompany the staff report. Staff is to re- Notice within a 300' radius of the continuation of the Public Hearing. MOTION CARRIED: AYES: 5 - 0 - 0 Fife, orsini, Law, Sharp, Dahlman Comm1SS1oner Ors1ni sa1d he would second the den1al but requested staff present the Comm1ss1on w1th Pol1ce Department . . . Page 15 - Planning Commiss1on M1nutes of July 15, 1992 stat1st1cs on n01se and calls to Oakwood Apartments. He would 11ke the numbers of calls 1n the complex, when they occur for approximately the last year. ... 7. zoning Text Amendment #92-2 Entertainment Cafes staff Report Mr. Wh1ttenberg reported th1S matter 1S being cont1nued to allow the C1ty Manager t1me to prepare proposed gU1del1nes for a special perm1t process to consider one-t1me requests for enterta1nment. The City Manager's proposal will be cons1dered along w1th the proposed ZTA for Enterta1nment Cafes at the Plann1ng Comm1ssion's August 19, 1992 meet1ng. 8. Zoning Text Amendment #92-5 Expansion of Non-conforming structures staff Re))ort Mr. Wh1ttenberg presented the staff report. [Staff report on f1le in the Plann1ng Department], Th1S request would amend sections 28-2407 and 28-210 of the mun1cipal Code. Comm1ss1on Comments Chairman F1fe asked if the fee charged for a M1nor Plan Rev1ew 1S a flat fee? Mr. Whittenberg sa1d yes. Staff has proposed, as part of the next comprehens1ve fee rev1s1on, that all of the C1ty'S fees be changed to actual cost fees. A depos1t would be glven to the C1ty at the t1me of subm1ss1on and the C1ty would draw costs aga1nst the depos1t. Publ1C Hearing Cha1rman F1fe opened the Publ1C Hear1ng. M1chael LeV1n * 1608 Ocean Avenue. Seal Beach Mr. Levin talked about a proJect he wants to do at h1S own home. Mr. Wh1 ttenberg adv1sed th1s would be cons1dered a maJor expans10n requ1r1ng a CUP because h1S structure 1S non- conforming due to the setback of the garage. The res1dence meets the setbacks. No one w1shed to speak further and the Publ1C Hear1ng was closed. Comm1ssion Comments Comm1ss1oners Dahlman and Ors1n1 sa1d they suspected the publ1C was not aware of th1s sUbJect be1ng cons1dered and wondered if there could have been a problem w1th the Not1ce and if another meeting should be held. Mr. Wh1ttenberg sa1d . . It Page 16 - Plann1ng Comm1ssion M1nutes of July 15, 1992 th1s was Noticed 1n the newspaper. Between November 1990 and February 1992 the Planning Comm1ssion has held e1ght (8) meetings on th1s subJect. MOTION by Sharp; SECOND by Dahlman to approve zoning Text Amendment #92-5, by the adoption of Resolution No. 92-24, referring it to the City Council. MOTION CARRIED: AYES: 5 - 0 - 0 Sharp, Dahlman, Law, Orsini, Fife Mr. Wh1ttenberg said th1S item would go to the C1ty Counc1l for Publ1C Hearing. It would requ1re the introduction and adopt1on of an ord1nance. The actual prOV1S1ons will take place th1rty days after the second read1ng of the ord1nance. *** ORAL COMMUNICATIONS There were no oral communications. STAFF CONCERNS Mr. Wh1ttenberg sa1d staff prov1ded the Plann1ng Comm1ss10n a copy of the City Counc1l ordinance re the functions of the Plann1ng Comm1ss1on. Th1S w1ll change the 1992 Comm1ss10n meet1ng dates 1n September and December. The meeting dates w1ll now be the f1rst and th1rd Wednesdays of the month after the f1rst Monday of the month. Staff w1ll prov1de the Comm1ssion a new calendar. The meet1ng changes will take effect August 22nd. Mr. Whittenberg reported he will be on vacat10n August 5, 1992. COMMISSION CONCERNS P1er Repa1rs The Comm1ss1on asked when most of the p1er repa1rs would take place or 1f the pier would be closed? Mr. Wh1ttenberg sa1d h1s understand1ng 1S most of the repa1r work w1ll be done after the summer season. The activ1ties to the end of the p1er w1ll be severely restricted. ~ Page 17 - Plannlng Commisslon Mlnutes of July 15, 1992 Coastal Commission CommlSSloner OrSlnl reported he attended the July 7, 1992 Coastal CommlSSlon meetlng where they approved Walter Mlller's proJect for Seal Beach Boulevard. They were concerned about parklng for the beach. Slde Setback Issue The CommlSSlon lnstructed staff to schedule a future amendment regardlng a three foot setback on the second story of any commerclal structures. ThlS wlll be comlng to the Commisslon at the August 5th meetlng. Naval Weapons Statlon ROW Can the strlp they Navy owns be used on an easement basls for parking? Mr. Whlttenberg sald In staff's most recent discusslon wlth the Navy regarding parklng on Navy property the Navy sald they would not allow thlS because of their exploslve arc. ADJOURNMENT Chalrman Flfe adJourned the meeting at 10:45 p.m. Respectfully Submitted, . ~OlAh~~ Joan Flllmann Recordlng Secretary *** These mlnutes are draft untll approved by the Plannlng CommlSSlon. APPROVAL: The Plannlng CommlSSlon approved4k by the nll~ s- 1992.~ Mlnutes of July 15, 1992 were Plannlng CommlSSlon on .