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HomeMy WebLinkAboutPC Min 1992-10-21 . . . . ." I", II.. III... IV... v.. CITY OF SEAL BEACH PLANNING COMMISSION MEETING AGENDA ~f OCTOBER 21, 1992 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA PLEDGE OF ALLEGIANCE ROLL CALL CONSENT CALENDAR 1. Minutes of october 7, 1992 SCHEDULED MATTERS 2. CEQA Guidelines, 1992 Revision PUBLIC HEARINGS 30 Hinor Plan Address: Applicant: Request: Resolution~ Review 191-19 1101 Pacific Coast Highway City of Seal Beach Reconsideration of Minor Plan Review #91-19, which allowed installation of three (3) reverse vending recycling machines at 1101 Pacific Coast Highway. #92-41 40 ZTA 92-6, Item #2 Setbacks for Non-habitable, Detached Accessory Structures in Residential Zones. Resolution: #92-27 5" Conditional Address: Applicant: Request: Resolution: Use Permit 192-14 3900 & 3901 Lampson Avenue Old Ranch Country Club Bixby Ranch Company continuation of on-sale beer and wine in conjunction with an existing tennis club and on-sale general liquor in conjunction with an existing country club located at 3900 and 3901 Lampson Avenue" This application has been filed in response to City Ordinance No. 1448" #92-42 .' . . Page 2 - Planning Commission Agenda of October 21, 1992 60 Conditional Address: Applicant: Request: Resolution: 7. Conditional Address: Applicant: Request: Resolution: VI 0 ORAL COMMUNICATIONS VII. STAFF CONCERNS VIII.. COMMISSION CONCERNS IX 0 ADJOURNMENT Use Permit #92-8 112 Main street Seal Beach Liquor Mary SCheid Continued Off-sale general liquor license at 112 Main Street. This application has been filed in response to Ordinance No. 1448. #92-40 Use Permit #92-16 2950 Westminster Avenue Chevron USA Jim Holechek To operate an automobile service station between the hours of 2: 00 a.m. and 6:00 a.m.. This aplication has been filed in response to Ordinance No. 1448. #92-43 i' Page 3 - Planning Commission Agenda of October 21, 1992 ~ CITY OF SEAL BEACH PLANNING COMMISSION Agenda Forecast: NOV 04 1. 2. 3. 4. 5. 6. 7. 8. CUP #92-13 CUP #15-91 CUP #92-2 MPR #92-22 CUP #92-17 CUP #92-09 CUP #92-18 CUPs/CRASs (Papillon's/entertainment) (Cafe Lafayette/ABC renewal) (SeaSide Grill/hrs mOd/10-7-92) (94 Welcome/2-story cabana) (347 Main/Shell/open 2-6 AM) } (1300 PCH/G&M Oil/Open 2-6 AM)} (12445 SBB/Luckys/ABC) (Aprox. 13 for Surfside) NOV 18 CUP #17-91 (Pasta Grotto/ABC renewal) CUP #12-90 (Bonadonnas/ABC renewal) Possibly no meeting due to staff furlough. DEC 09 DEC 23 STAFF REPORTS PENDING: NOT AGENDIZED * Review of CUP's for Businesses Open 2-6 A.M. . 1. Not rec'd Seal Beach Chevron Scheduled: 2. CUP #92-17 Seal Beach Shell Scheduled: 11/4/92 3. CUP #92-9 G&M oil Scheduled: 4. CUP #92-16 Jim's Chevron Scheduled: 5. Not rec'd Union 76 Scheduled: 6. Not rec'd Jack in the Box Scheduled: 7. Not rec'd J. You SCheduled: 8. Not rec'd Donut Cl.ty Scheduled: 9. Not rec'd Taco Bell Scheduled: * ZTA #92-2 for Entertainment Cafes (Pending City Manager's work on One Day Permits) * Review of 12 establishments selling liquor w/o City CUP. 1. CUP #92-10 Irisher Scheduled: 2. CUP #92-14 Old Ranch CC Scheduled: 10/21/92 3. Not rec'd Johns Food SchedUled: 4. CUP #92-11 Thrifty Drug Scheduled: 5. CUP #92-15 Rossmoor Bowl SchedUled: 6. Not rec'd Glider Inn Application ~ Submitted 7. Not rec'd Dolphin Mkt. Scheduled: 8. CUP #92-8 SB Liquor Scheduled: 10/21/92 9. Not rec'd Nip n Stuff Will not submit application 10. Not rec'd Leisure Mkt. Scheduled: 11. CUP #92-18 Lucky's Mkt. Scheduled: 12. CUP #92-19 Clancy's Scheduled: . . . . Page 4 - Planning Commission Agenda of October 21, 1992 * Ordinance re Crestview encroachments & walls along major arterials. * CUP #92-7 (Unocal/99 Facility) Marina/Reactivate oil Dehydration [Environmental work being done] * CUP #92-12 (1 Anderson street/Jeff Overeem) (Mr. Overeem has submitted an application for a lube/quick wash operation on this site) [Environmental work being done by Planning staff]. . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF OCTOBER 21,1992 The regularly scheduled Planmng CommIssIOn meetmg of October 21, 1992 was called to order by Chairman FIfe at 7 30 p m m CIty CouncIl Chambers. PLEDGE OF ALLEGIANCE CommIssIoner Law led the Pledge of AllegIance ROLL CALL Present Chairman FIfe CommIssIOners Dahlman, Sharp, Law, OrsmI Staff Present: Department of Development ServIces Lee WhIttenberg, DIrector Barry Curtls, AdmImstrative ASSIStant Joan FIllmann, Executive Secretary CONSENT CALENDAR 1. Planning Commission Minutes of October 7, 1992 VIce Charrman Dahlman stated hIS Planmng CommISSIon packet dId not contain a copy of the October 7, 1992 mmutes He asked the mmutes be held over to the October 21st CommIssIOn meetmg MOTION by Sharp; SECOND by Orsini to hold over approval of the Planning Commission minutes of October 7, 1992 to the November 4, 1992 meeting. MOTION CARRIED: A YES: 5-0-0 Sharp, Orsini, Fife, Law, Dahlman CommISSIOner Dahlman requested the verbatim excerpt of comments at page 15 of the mmutes be mtegrated mstead of a summary of the comments SCHEDULED MATTERS 2. CEQA Guidelines, 1992 Revision Staff Report Mr WhIttenberg presented the staff report [Staff report on file m the Planmng Department]. AdoptIOn of the reVIsed CEQA gUIdelmes WIll replace eXiSting CEQA gUIdelmes entirely Staff recommended adoption of the local CEQA GUIdelInes by adoption of Resolution No 92-39 . . . Page 2 - PIannmg ComnuSSlOO Mmutes of October 21, 1992 CommISSIon Comments ChaIrman FIfe questIoned whether the CIty Attorney's recommended sentence should be mcluded [redlmed below]. " AlternatIves to the proposed project, mcludmg the range of reasonable alternatIves to the project or to the locatIon of the project, whicll -could feasibly attain the basic objectives of the project and why they were rejected m favor of the ultImate chOIce". ChaIrman FIfe felt the CIty Attorney's recommended language would restrIct the range of alternatIve development proposals the CIty could conSIder under an EIR. Mr. WhIttenberg's OpInIOn was that It does not, and reVIewed the proVISIons of SectIon IV. B.5.(a)(6) MOTION by Sharp; SECOND by Fife to pass the CEQA Guidelines, 1992 Revision to the City Council for final action and adoption. The Planning Commission recommends the City Council review the wording as proposed under the City Attorney's amendment to section IV.B.5.(d)(6). MOTION CARRIED: A YES: 5-0-0 Sharp, Fife, Dahhnan, Law, Orsini PUBLIC HEARINGS 3. Minor Plan Review #91-19 1101 PacIfic Coast HIghway Appltcant CIty of Seal Beach ResolutIOn No 92-41 Staff Report Mr WhIttenberg deltvered the staff report [Staff report on file m the PlannIng Department] The purpose of the PublIc Heanng IS to reconSIder the CIty'S approval of Mmor Plan ReVIew #91-19, WhICh allowed EnvIpco CalIfornIa to mstall three recyclIng machmes at 1101 PaCIfic Coast HIghway. In 1991, at the tIme of approval, no mentIon was made of recyclers who could cause problems to the area, the shoppers and the merchants. Problems have occurred, necessItatmg thIS reVIew Mr WhIttenberg explaIned State law reqUIres a recyclmg center be located wIthm a "convenIence zone", the area wIthm a one-half mIle radIUS of a supermarket WIth gross annual sales of two mIllIon dollars or more If there IS no recycltng center wIthm that area, the supermarket IS subject to other State reqUIrements. (1) to redeem recyclable bottles and cans mSIde the store Itself, post SIgns statIng thIS and have those bottles and cans transported to a recyclIng center, (2) If thIS IS not undertaken, and untIl the tIme a . . . Page 3 - Plannmg ConuwSSIOO Mmutcs of October 21, 1992 new recyc1mg center IS located wIthm the convemence zone, the market IS subject to a fine of $100 per day to a State recyc1mg fund. Staff felt they lacked sufficIent mformatIon to find the EnvIpco recyclIng machmes at PavIlIon's are a publIc nUIsance Staff recommends commg back to the Plannmg CommIssIon at a later date after receIvmg statIstIcal mformatIon from the PolIce Department, revIewmg publIc teStImony receIved thIS evemng and revIewmg that mformatIon wIth the CIty Attorney. CommISSIon Comments CommISSIoner Sharp asked If Mr WhIttenberg had mformatIon about a recyclIng truck at the Rossmoor Center delIvery area, behmd Lucky's store Mr WhIttenberg SaId he was not famIlIar wIth that truck However, State law reqUIres a recyclIng center to be open thIrty hours per week wIth a mmImum of five hours of operatIon on the week-ends from 9 00 a.m to 5 00 p.m. ChaIrman FIfe questIoned the CommIssIon's authonty to revoke The authonty appears to be the language "... the use for whIch the approval was granted was so exerCIsed as to be detnmental to the publIc health, safety or welfare" Mr. WhIttenberg SaId the CIty Attorney's Office IS concerned that the use of the recyc1mg machmes needs to be tIed dIrectly to the problems bemg expenenced by customers of the shoppmg center. The Issue IS not the general use of people commg on and off the property to conduct busmess and patromze the vanous busmesses 10 the shoppmg center Mr. WhIttenberg SaId staff has receIved three letters whIch WIll be entered mto the Record after the publIc testImony PublIc Heanng ChaIrman FIfe opened the PublIc Heanng. RIchard Graft * Envlpco Mr Graft SaId he works for EnvIpco CalIforma He SaId EnvIpco's WIthdrawal will not resolve Von' s of theIr recyclIng responSIbilitIes under AB 2020 AB 939 sets waste reductIon goals for the CIty to meet, thIS WIll be effected If EnvIpco'S machmes are removed He gave the followmg statIstIcs for recovery and dIverSIOn 10 the CIty'S waste stream (January - September 1992)' alummum 13 4 tons, plastIc 3.6 tons, glass 58 3 tons He suggested EnvIpco put tImers on theIr machmes to operate from dawn to dusk He SaId removal of the machmes may not solve the problems. ChaIrman FIfe asked Mr. Graft If hIS company expenences problems elsewhere? Mr Graft SaId there's no doubt that homeless 10 certam areas will congregate around the machmes and WIll panhandle the customers --- the same way a person could be approached on any street Page 4 - PIannmg CommISSIon Mmut.cs of October 2 t. t 992 . ComnussIOner Sharp asked If the EnvIpco machInes are portable and what IS the Installation cost? Mr. Graft saId the InItial Installation cost was $8,000 In SIte preparation and permIts. CommISSIoner Dahlman asked Mr Graft about hIS other locatIOns Mr. Graft saId EnvIpco contracts WIth Vons, Lucky and Alpha Beta. EnvIpco has approxImately 405 centers throughout CalIforma WIth 1500 machInes In CalIfornia. CommISSIoner Dahlman asked Mr Graft for hIS solution to thIS tranSIent problem Mr. Graft agaIn suggested the machInes be placed on times. CommISSIoner OrSInI asked how long It would take to relocate these maclunes? Mr Graft saId about two weeks Sol John * 330 12th Street. Seal Beach Mr John SaId the recyclIng maclunes draw tranSIents and SaId the maclunes should be removed . Nancy Grgas * 211 15th Street Mrs. Grgas spoke In favor of removal of the recyclIng machInes from the Pavilion's SIte and pOSSIbly relocatIng them to the CIty Yard She saId the area around the store IS now dIrty, sticky, smells of beer and unne, and IS congested and nOISY It has attracted some rude, aggreSSIve and questionable people She related two personal, unsettlIng expenences at the area that were dIrectly related to the recyclIng maclunes One expenence occurred on September 27, 1992, and Involved a male tranSIent standIng In front of the store and he was glanng at her and her son WhIle In the store she heard secunty beIng called to the front of the store. There was a brawl at the front of the store. ThIS same man was fighting WIth the box boys It turned out the recyclIng machInes were broken and the store wouldn't cash hIS cans out so he started fighnng WIth store personnel. Another time, she was gOIng out to her car and tranSIent men that were standIng by the recyclIng machInes followed her to her car As she was clOSIng her door one man stuck hIS head next to her and she couldn't close her door The man asked her for some money. She feels the recyclIng machInes are a magnet for tranSIents She IS now apprehenSIve to shop at thIS center She saId her famIly supports recyclIng and takes theIr recyclables to RaInbow DISposal In Huntington Beach. She suggested a voluntary recyclIng program WIth a central location In Seal Beach She suggested the PublIc Works Yard as a SIte Perhaps a local servIce organIzation could help transpomng the matenals over to RaInbow DISposal and then getting the profits She requested the permIt for the recyclIng machInes be revoked and the maclunes removed She asked If an exception could be made and have the recyclIng machInes located further from the store? . Mr. WhIttenberg saId State law proVIdes for exceptions to be granted from the half mIle radIUS Staff requested and receIved the Information on the exception procedure and IS In the process of evaluating It WIth the CIty Attorney's Office Page 5 - PIannmg ComnuSSIOll Mmutes of October 21. 1992 . Chamnan FIfe asked Mr WhIttenberg If he thought It lIkely that the vagrants would congregate 10 the PublIc Works Yard? Mr WhIttenberg saId If the faCIlIty were located close to the PublIc Works Yard the vagrants mIght not congregate there because the PolIce Department's adjacent to the PublIc Works Yard For safety reasons, the facultles would have to be located 10 such a way as to allow them to be observed. Mr WhIttenberg saId the reqUIrements of AB 939 mandate the CIty reduce Its waste stream by a certam percentage over a number of years The CIty WIll be mvestlgatlng a curb-SIde recyclIng program to meet thIS reqUIrement. The PublIc Resources Code says If you have a curb-sIde recyclIng program you do not need to have facultles wlthm the convemence zones The CIty CounCIl WIll make the decISIon If thIS IS a VIable optlon. Mrs Grgas saId no money would be receIved for the recyclable dropped off at the PublIc Works Yard She saId the tranSIents would not go there because they would not be gettlng money for theIr cans Money would be receIved from Rambow DISposal Mr. WhIttenberg sald State law says you are to receIve your refund from recyclmg. If the CIty accepts the half-mIle radIUS, there must be a faCIlIty somewhere that would proVIde a refund to that pomt . MrS. Grgas sald she has never seen anyone she knows usmg the recyclIng machmes at PavUIOns; It'S generally tranSIent people Chalrman FIfe asked If the sItuatlon at the shoppmg center mvolved people WIth recyclables commg from outSIde the CIty to use these machmes or what? Mrs. Grgas saId she felt the tranSIents go along the beach and collect cans and then go to the center and turn them mto cash The tranSIents also take the PavuIOn shoppmg carts and go up and down the alleys, gomg through the trash. The trash IS torn apart If the machmes are broken and they stIll need more money, that's when they start to panhandle from the patrons. She added the tranSIents bang on the machmes and spIll stuff allover The carts are smelly and Stlcky The store cleans but the area IS really degraded. CommISSIoner Dahlman agreed that Mrs. Grgas' expenences were pretty scary. He saId Seal Beach reSIdents should be entltled to use PaVIlIons WIthout bemg mtlmldated by tranSIents and that IS a nUIsance whIch would constltute grounds for revocatIOn He asked If the recyclmg machmes were not at PavIlIOns, would people find another way to recycle? Mrs Grgas sald yes, the people 10 Seal Beach care a lot about recyclmg Mrs Grgas saId other people have saId they have seen other mCldents at the shoppmg center - -- tranSIents exposmg themselves and unnatlng on the SIdes of the bUIldmg She saId the tranSIents are approachmg you and you don't know what they're gomg to do She saId the person startmg the fight mCldent at the entrance of PavIlIOns had a felony warrant agalnst hIm She sald II you don't know what type of people they are It IS fearful The person could have been more aggreSSIve that stuck hIS head 10 my car. he could . Page 6 - PIannmg COIlIJl118SIOl1 MInutes of October 21, 1992 . have pulled out a kmfe . you shouldn't have to feel that way gomg to your local market I don't lIke It I relate It dIrectly to these machmes" ChaIrman FIfe asked If PavIlIons was provldmg recyclIng before these machmes were mstalled? Mr WhIttenberg SaId they had a dIfferent type of machme outsIde the store. These machmes are larger and are able to store the matenals wIthm the machmes ChaIrman FIfe suggested one problem could be msufficIent polIce resources. He wondered If removmg the machmes would change the form of the problem but not really elImmate It John Baker * Owner. NIp 'n Stuff LIquor Store. MaIn Street. Seal Beach Mr. Baker SaId he owns a lIquor store on MaIn Street and IS a member of the ad hoc SolId Waste AdVISOry CommIttee for the CIty. He SaId years ago there were open Igloo- styled recyclmg bms m the shoppmg center. He suggested removmg the financIal aspect from recyclIng WhICh would cause the tranSIents to leave because they wouldn't be getling money from the machmes Mindful of the State reqUlrements, he SaId he would not want to have bottles and cans 10 his store because they cause many problems He suggested relocatmg the EnvIpco eqUIpment to a far SIde of PavIlIons. He felt recyclIng eqUlpment must be convement to be used He SaId the transIents would probably clean out the curb-SIde recyclmg bIOS before the recyclmg company could come pIck the matenals up . CommISSIoner Sharp agreed wIth Mr Baker on not havmg cans and bottles 10 a store He SaId he owned a retaIl market for forty years and the worst headache was the returned bottles; they bnng roaches Sol John * 330 12th Street. Seal Beach Mr. John SaId the machmes must be removed He SaId 10 Los Angeles, at 9th Street and Alameda there's a truck stop where cans and paper are sold. He SaId "We don't need that place here 10 Seal Beach. Seal Beach IS a mce town" . . J L Moss, General Partner. PavIlIons Shoppmg Center Mr Moss SaId he dId not remember bemg contacted regardmg the placement of the recyclmg machmes on hIS property, Mr WhIttenberg showed hIm an Owner's AffidavIt he SIgned 10 1991 Mr Moss SaId the market does not own the SIdewalk. He SaId that's a fire lane and the machmes are obstructmg the fire lane The machmes are mcorrectly located He stated he has receIved 60 to 70 complaInts from persons saymg they WIll not shop at the center because of the problems the recyclIng machmes have created. He talked to the people 10 Savon and was told theIr volume has gone down specIfically smce the recyclIng machmes were put 10 He got statements from three tenants who SaId the complaImng the area IS now unsafe If there have to be recyclIng machmes, he would want them outsIde, not mSIde, the store He felt the north SIde, by Savon, ffilght be preferable but any SIde would be better than 10 front of the store where the patrons are entenng There would be lIttle contact wIth the patrons If they were on the SIde Page 7 - PIannmg COIl1IIllBSlOO Mmutes of October 21. 1992 . CommISSIoner Dahlman asked Mr. Moss If he would agree that mOVIng the machInes out ofa densely populated area would solve thIS problem? Mr. Moss agreed. CommIssIoner Dahlman saId movIng the machInes to the sIde of the center would not solve the transIent problem The machInes need to be moved out of the densely populated area DIane Marks * 1407 Electnc A venue. Seal Beach Mrs Marks saId her teen-age son works as a courtesy clerk at PavIlIOns. She saId an angry, IntoxIcated transIent threw somethIng at her son and hIt hIm WIth It On September 27, 1992 her son was workIng In PavIhons and she was shoppIng In Pavilions when a tranSIent started brawhng WIth store personnel. The transIent was angry the recychng machIne was not working and he attacked the store manager. ThIS tranSIent saId to her son "I know you and I'm gomg to get you". She was fearful because they hve a few blocks away from the store. She saId this tranSIent could have had a knIfe, or could have had AIDS and bItten one of the people dunng the fight She saId she would apprecIate the CommIssIon domg somethmg. Mr WhIttenberg saId staff and the CIty Attorney's Office WIll mveshgate, as a hlgh pnonty, relocahng the machmes wIthm a half-mIle radIUS of the store. In the absence of thIS, the alternahve IS to recycle wIthm the store or pay $100 per day m fmes. . Enc MotsImoto. ASSIstant Manager. PavIhon's Store. Seal Beach Mr. MotsImoto read a wntten statement [Attached for the Record], of mCIdents occumng at Von' s PavIhon due to tranSIents and the EnvIpco machmes In parncular, he spoke about the mCIdent on September 27, 1992, where he was drrectly mvolved m a phYSIcal altercahon WIth an angry tranSIent at PavIhons. At 2:30 p.m he was attacked at the store entrance The recyclmg machmes had been broken for 1112 days The store explamed to the tranSIent It dIdn't have the room to further store glass and cans InSIde. The tranSIent got very VIolent at thIS pomt and started screammg. Mr. MotsImoto asked hIm to leave the store but he refused. The pohce were called About twenty mmutes later, the same tranSIent came back mto the store, started screammg and stood m the mIddle of the doorway prevenhng patrons from entenng or eXIhng The pollce were called agam As Mr MotsImoto approached the tranSIent, the tranSIent Jumped at hIm and grabbed hIS throat Mr MotsImoto toed to break away and they wound up on the ground He saId the store toes not to JeopardIze any employee The store knows the law reqUIres recychng but the problem IS the tranSIents He SaId there IS a nohceable dIfference m theIr chentele The regular customers don't want to shop at the store at mght because the transIents are out there, m the dark, walking around and between the cars The store has had to double up on theIr courtesy clerks because the shoppers want to be walked out to the cars --- they are afraId to walk to therr cars alone The tranSIents are gethng more aggressIve m trymg to get money from people or asking recychng patrons If they can have theIr recyclables The tranSIents are takIng store shoppIng carts off the lot. These carts are expensIve and the store has to keep reordenng more The store has to keep recleanmg the carts at a cost of $1000 per cleanmg. The tranSIents eat . . . . Page 8 - P1annmg ComnuSSIOll Mmutes of October 21, 1992 and dnnk as they walk through the store but don't buy anythIng. They have been caught shoplIftIng and the polIce have been called CommISSIoner Sharp asked Mr MotsImoto If he was famIlIar wIth how Yon's other stores handle the recyclables? Mr. MotsImoto saId the company deals stnctly wIth EnVIpco The machInes are smaller but they are located out front ComllliSSIOner Dahlman saId V ons and Savon are sIgmficantly Impacted by the presence of these machInes. The CIty has receIved letters from Send It PackIng and J. W Auto Parts WhICh were entered for the Record [Attached]. CommIssIoner Dahlman asked Mr. MotsImoto If Vons would be wIllIng to contnbute financIally to relocatmg the machInes? Mr MotsImoto saId he would personally lIke to do that but he could not speak for hIS company Mr MotsImoto saId relocatIng the machInes to the sIde of the store probably would not work because the transIents would stIll be around the Center The transIents make $20 to $40 per day from recyclIng due to quantIty they bnng In The machInes break down about once per day For the Record, the letters were entered from Donald Dean Grubel of the Beauty Shop, VrrgIma and RobIn FaIrman of Send It PackIng and Stan Verett or JW Auto Parts. [Attached] No one wIshed to speak further In favor or agaInst MInor Plan RevIew #91-19; the PublIc HearIng was closed CommISSIoner Dahlman SaId he would lIke to see the recyclIng machInes moved the PublIc Works Yard next week. Mr WhIttenberg SaId the Yard IS 3/4 mile from PaVIlIons Mr WhIttenberg revIewed what would be needed to relocate the machInes. MOTION by Dahlman; SECOND to have the future hours of the Envipco recycling machines be 8:00 a.m. to 2:00 p.m. Monday - Friday, beginning October 26, 1992. MOTION FAILS FOR LACK OF SECOND. CommISSIoner Sharp SaId thIS would not solve the problems. If the transIents come there at 4 00 P m and there's no recyclIng, the transIents are gOIng to cause problems The machInes must be removed from thIS locatIon The sooner the better CommISSIOner Dahlman saId he was very much m favor of solVIng thIS problem also He felt breakIng thIS SItuatIOn Into lIttle problems, solVIng each one at a tIme would be best "0therwIse we won't get anythIng done for months" John Baker * NIp 'n Stuff LIquor. MaIn Street. Seal Beach Mr Baker saId If the machInes are closed, the recyclables WIll have to be taken InsIde Page 9 - PIannmg CommtsSIOIl MInutes of October 21, 1992 . When the Grocers AssocIaoon first dIscussed recyclmg they felt they could restnct the hours but there wIll be a problem wIth people not understandmg not acceptIng after 2.00 p m When Von' s first started recyclIng they had free-standmg Igloos at the fnnge of the lot. They had a mom tor there who paId you for your cans and he placed them 10 the contaIners The Igloos weren't really used and that's why they went to the machme 10 the front of the store Other than the front door, a SIde locaoon IS the most deSIrable ESpecIally along PaCIfic Coast HIghway where they'll be seen. The CIty must meet the State's reqUIrements By 1995 we must be 50% recycled CommISSIoner Dahlman asked Mr Baker If he operated a busmess WIthIn the shoppmg center where Von's PaVIlIons IS located? Or Ifhe operated a busmess that competes WIth those stores? Mr. Baker SaId hIS lIquor store was on MaIn Street but he never consIdered hImself a compeotor CommIssIoner Dahlman mdIcated the PublIc Heanng was closed for the present orne He said the recyclIng machmes are clearly a nUIsance By restncong the hours of operatIOn It would reduce the amount of orne the machmes are 10 operaoon to one-fifth (1/5) of the present amount of orne He felt the merchants know theIr regular customers and the merchants would be willIng to accept recyclable outSIde regular hours . CommISSIoner OrsmI SaId he shops at that PaVIlIons five mghts a week. He SaId movmg the machmes to the SIde by Savons would be bad because It'S very dark at mght Movmg the machmes to PaCIfic Coast HIghway would look temble --- gomg by you could see crowds of people and fighong The locaoon between the maIn entnes of two stores IS not good The machmes can't stay 10 theIr present locatIOn Restncong hours would create a war 10 the parkmg lot. The hours of the complaInts are 10 the mIddle of the day. As soon as the State grants an approval, remove the machmes completely The transIents are mcreasmg because they have a place to lIve As long as they have a place to lIve, they WIll keep commg and staymg The machmes aren't drawmg them The machme was there before, where the phones are He SaId he sees tranSIents 10 the alleys cleanmg out the trash cans daily "We're so convement for them, we encourage It". Cleanmg up one place WIll help He SaId "I can't belIeve CALTRANS can't fence that property up to where they can't lIve there" . MOTION by Fife; SECOND by Dahlman that the Planning Commission makes a rmding of fact that the present usage of the recycling machines at the Pavilions Center, with their location, hours of operation and configuration within the Center, constitutes presently a continuing public nuisance. With that rmding in mind, the matter of what to do will be continued and the Public Hearing on Minor Plan Review #91-19 will be continued to the Planning Commission meeting of November 18, 1992. The Planning Director is authorized and directed to contact State of California officials about a possible exemption to permit the relocation of these recycling machines to a point more than one-half mile from this convenience center. Additionally, the Planning Director is to explore with the shopping Center owners, V ons and Envipco the potential for alternate locations if the State is not willing to . . . Page 10 - PIannmg ComnusSIOO Mmutes of October 21, 1992 grant an exemption. The Planning Director is to contact the Police Department to request a temporary increased presence in the Center until this problem is solved. This will include additional drive throughs and walking around the center. MOTION CARRIED: A YES: 5-0-0 Fife, Dahlman, Orsini, Sharp, Law Recess ChaIrman FIfe called a recess from 9'15 p m. to 9'25 p m 4. Zoning Text Amendment #92-6, Item #2 Setbacks for Non-habitable, Detached Accessory Structures in Residential Zones. Resolution No 92-27 Staff Report Mr. WhIttenberg presented the staff report. [Staff report on fIle In the Planmng Department] ThIS amendment would establIsh setback reqUIrements for specIfied types of non-habItable, detached accessory structures In reSIdential zones. Ten (10') fences would be allowed. 1. Between commerCIal and reSIdential land 2. Along the follOWIng streets. Almond Avenue Bolsa A venue (From PCH to Bolsa A venue) FIrst Street Lampson Avenue Manna Dnve PaCIfic Coast HIghway San DIego Freeway Seal Beach Boulevard WestmInster Avenue PropertIes WhIch back to the 605/7th St connector 3 For secunty In the follOWIng areas Rear yards of Manne Hill homes adjacent to vacant Hellman land and Gum Grove Park College Park East @ East Flood Control Channel &hson Park West Fence of LeIsure World . . . Page 11 - PIannmg ComnusslOll Mmutes of October 21, 1992 CommISSIoner Sharp asked If the 7th Street area by the hbrary would be 1Ocluded? TIus would cover the 7th Street area because staff consIders tills to be the San DIego Freeway. CommIssIoner Sharp saId there are bus10esses on that street -- the hbrary, the telephone company, a rest home, an office bU1ld1Og Mr. WhIttenberg saId that If the Planmng CommIssIon would hke amendments made to any of the 10cluded streets on thIS wall heIght Issue, that that could be done by the next PublIc Hear10g CommISSIOner Sharp said he would defimtely want that secbon 1Ocluded. CommISSIOner Law requested a defimbon of "sunscreen". Mr WhIttenberg said the roof must not be sohd CommISSIoner Law asked why must a rear yard setback be maintained If the property backs up to a street? Mr WhIttenberg saId the homeowners could build accessory structures (latbce work pabo covers, 12' hIgh, no more than 60% of wIdth of the lot) to 12' wIth10 the 5' setback automabcall y, WIthout com1Og before the Planmng COmmISSIOn If they WIsh to go from the 5' to a 0' setback, they must apply to the Planmng CommIssIon under a M100r Plan ReVIew Staff's suggesbon IS to allow a 10' tall solId property lIne wall, then come 10 5', then allow an open pabo cover The accessory structures would not be allowed to have solId walls. NOIse travels 10 a straIght hne. Once It hIts someth1Og, It'S reflected back. As long as the WallIS hIgh enough to reflect the nOIse back 10 the other dIrecbon and addIbonal sohd structure 10SIde the nOIse path won't help the sItuabon further PublIc Hear10g Chairman FIfe opened the Pub he Hear10g No one WIshed to speak on thIS applIcatIOn and the PublIc Hear10g was closed CommISSIOner Sharp asked about the 10' walls 10 the back yards of HIll homes adjacent to vacant Hellman land and Gum Grove Park He saId he had no ObjectIOns If the Hellman property would stay vacant from now on but he dId have If the Hellman property were to be bU1lt on. CommIssIoner Dahlman jested "You have my personal guarantee". Mr WhIttenberg Said the current ~ proVIsIon allows a person who's property IS along the boundary hne of the Hellman property and Gum Grove Park to build an 8' wall CommISSIOner OrSIm asked why the setbacks were be10g changed when the wall heIght was be10g changed? Mr WhIttenberg saId the Planmng CommIssIOn had asked staff to reVIew certaln types of detached accessory bU1ld1Ogs to be located closer than 10' to the rear property hne Staff's Imbal recommendabon was to allow accessory structures at a 5' po1Ot from the rear property lIne no hIgher than 12' that were any type of an accessory structure At the last meet10g the CommIssIOn saId they don't want to allow . . . Page 12 - PIannmg Comnuss.OIl Mmule8 of October 21, 1992 a detached garage to be bUIlt 5' from the rear property lIne. The ComnussIOn wanted that lImIted to patIo cover type structures. Staff has attempted to meet that concern CommISSIOner OrsmI SaId Vanance #89-6 ImtIated ZTA #92-6. The purpose was to allow a gazebo 10 a rear yard. The Planmng CommIssIon IS now consIdenng allowmg structures 12' hIgh to 35' long --- that's a bIg change from a gazebo Mr WhIttenberg saId that at the last meetIng the proposal would have allowed a detached structure from the SIde yard setback on one SIde of the lot to the OpposIte SIde yard setback Most lots are 50' WIde WIth 5' sIdeyard setbacks The CommIssIon mdIcated to staff that that was too large of a structure Staff reVIewed theIr proposal and felt 60% of the lot's WIdth would be reasonable. Staff feels It needs to be done on a percentage baSIS because of dIfferent SIze lots ThIS only applIes to propertIes that back to streets. CommIssIoner OrsmI saId lots on CrestvIew are 130' deep. CrestvIew IS not a relIef area because they have large lots ThIS was supposed to have been relIef for someone WIth a small yard Mr WhIttenberg saId thIS amendment would allow homeowners on CrestvIew to construct a lattIce patIo cover or sunscreen wIthm 5' of theIr rear property lIne If thIs amendment were to be approved CommIssIOner Sharp saId he agreed WIth CommISSIOner OrsmI and dId not favor thIS. He saId he was 10 favor of thIS when the property backs to a flood control channel or an artenal hIghway when It doesn't mterfere WIth any other persons property --- It doesn't cut of VIew, lIght etc. When you mclude lots that back to vacant property you could be talkmg about two lots that back to each other. CommISSIoner Dahlman SaId thIS does not cover the entIre HIll area, It covers one SIde of one street WhICh IS currently adjacent to WIlderness. That area has an eXIstIng SpecIfic Plan WhICh mcludes a 30' buffer. That property will not affect potentIal bUIldable property There IS no reason to exclude that area from thIS lIst Mr. WhIttenberg saId It covers all of the homes that back to the Hellman property. That extends from FIrst Street to Seal Beach Boulevard CommIssIoner Dahlman saId many back yards are not bIg The 30' buffer IS on the Hellman property. Mr WhIttenberg SaId he would reVIew the SpecIfic Plan on the Hellman property MOTION by Sharp; SECOND by Dahlman to instruct staff to schedule a Public Hearing for a Zoning Text Amendment to propose extending the height of walls along the identified streets from eight feet (8') to ten feet (10'). This Public Hearing will include consideration on the height of side yard fences from six feet (6') to eight feet (8'), with progressive step-downs. MOTION CARRIED: A YES: 5-0-0 Sharp, Dahlman, Fife, Orsini, Law Page 13 - Plannmg ComnuSSIOIl Mmutes of October 21, 1992 . Regardmg detached accessory structures, CommIssIOner OrsmI satd that If 5' setbacks are allowed on CrestvIew then they should be allowed on any lot that IS 100' or shorter CIty-wIde Chmrman FIfe Slid the mmn consIderatIOn for that setback was that If a lot backs onto vacant land, publtc land, street or Imgation dItch you're not mterfermg wIth another structure The Hellman property presents a umque SItuation m that It ffilght be developed. CommIsSIOner Sharp Slid he dIdn't thmk a change should be made because It IS possIble the Hellman property could be developed and the lots could back onto the CrestvIew lots. Mr WhIttenberg Slid the current SpecIfic Plan for the Hellman property (adopted m 1987) allows for 773 umts on the Hellman property, 660 of WhICh are condommmms and 113 smgle famIly homes WIth an 18-hole golf course. The golf course serves as a buffer. There are no home SItes ImmedIately adjacent to the property ltne. Mr WhIttenberg Slid "I thmk we all realIze that SpecIfic Plan IS not a buildable SpecIfic Plan At some pomt m the future there WIll be an alternative plan submItted by somebody that the CIty'S gomg to have to consIder". The understandmg has been that there WIll be some buffer between the Hellman property and the HIll home SIteS No dImensIOn for the buffer IS gIVen . The ComffilssIOn dISCUSSed the nature of the accessory structure's roofs, the SIze of the structure. Chmrman FIfe Slid he would not ltmIt thIS to open lattIce roofs but mclude gazebos WIth sohd roofs, playhouses, sun screen and other SImIlar non-habItable structures. The lot coverage restnction would hmIt the SIze of these structures. PIe- shaped lots would accommodate a larger accessory structure WIth a tremendous amount of lot coverage CommISSIOner Sharp agreed to a sohd roof but the SIze should be restncted Chop the 60 % down to somethmg more m keepmg WIth an accessory structure. CommISSIOner OrsmI questioned If these structures could be enclosed WIth shdmg glass. Mr. WhIttenberg Slid these accessory structures will not be allowed to have walls CommISSIOner Sharp suggested hmItmg the roof SIze and If a larger structure IS deSIred It would mandate CommISSIon reVIew. Staff WIll check WIth VarIOUS gazebo manufacturers and see what the maxImum SIze IS and put that roof SIze m as part of the Code requIrement Anythmg larger would come back before the CommISSIon Chmrman FIfe suggested hmItations --- one maxImum WIdth If It'S an open roof and a consIderably reduced maxImum WIdth If It'S a non-open roof subject to the nght the owner could apply to the Planmng CommISSIon WIth hIS plans If he wants to go beyond that 25 % of the lot WIdth Mr WhIttenberg smd staff WIll report back WIth addItional thoughts on those areas. Charrman FIfe suggested a mImmum rear setback of 3' and the sIdeyard setbacks at 5' to provIde pnvacy CommISSIoner Sharp Slid a 5' rear yard setback IS only a dIrt catcher The HIll property backmg to Gum Grove Park should be mcluded or excluded one way or the other Mr. WhIttenberg Slid the setback IS between a soltd wall and an open structure, not another wall . . . . Page 14 - PIanwng ComnuSSlO11 Mmutes of October 21, 1992 MOTION by Orsini; SECOND by Sharp to approve three foot (3') rear yard setbacks and five foot (5') side yard setbacks but exclude the Marina Hill homes which back to Gum Grove Park and Hellman Ranch property. MOTION CARRIES: A YES: NOES: 3-2-0 Orsini, Fife, Law Dahlman, Sharp Mr. WhIttenberg satd staff wIll prepare addItional suggested language on thIS pomon of the text amendment It wIll come back before the CommIssIon as soon as possIble CommISSIoner Ors1OI stated that If anybody does have a hardshIp somewhere else 10 the CIty where they need that setback, they should be allowed to apply for It and be granted It It's not a definite "no", that's what Vanances are for Chatrman FIfe satd a person could apply for a Vanance but they are very restnctive 5. Conditional Use Permit #92-14 3900 & 3901 Lampson Avenue Old Ranch Country Club ResolutIOn #92-42 Staff Report Mr Cums dehvered the staff report [Staff report on me 10 the Planmng Department]. The appltcant, BIXby Ranch Company, IS requesting approval for an after-the-fact CondItional Use PermIt for an eXIsting tenms club and country club The apphcation was filed 10 response to CIty Ord1Oance 1448 The tenms club possesses at #40 ABC hcense (On-Sale Beer -- Only) The servIce of beer IS techmcally open to the pubhc under the reqUIrements of the #40 hcense The Country Club possesses a #57 hcense (On-Sale General -- SpecIal) The Country Club proVIdes hve enterta10ment 10 the d101Og/lounge area; thIS IS a non-amphfied pIano or gUItar player Staff IS recommend1Og a zon1Og text amendment to 1Oc1ude an enterta10ment cafe as a permItted use 10 the R-G zone Staff recommends the enterta10ment be allowed to cont1nue whlle the CIty processes a text amendment. Staff IS recommend1Og aga10st park10g mItigation fees because the use IS an eXISting use WhIch were conSIdered to meet park10g reqUIrements at the time of therr approval ThIS facIltty does meet ItS parkmg reqUIrements Staff recommended approval subject to eleven (11) condItions. CommISSIon Comments COmmISSIOner Law asked If the Country Club WIll be applY10g for an enterta10ment permIt? Mr CUrtIS SaId provId1Og the CIty conSIders and approved a zomng text amendment mak10g enterta10ment condItionally allowed use 10 the R-G zone. If the CIty does not approve thIS use, the Club WIll have to term10ate the entertamment on the property . . . Page 15 - PIannmg COOlDllSSIOll Mmlllell of October 21, 1992 ChaIrman FIfe asked what "techmcally open to the publIc" means? Mr. CurtIs SaId anybody can walk 10 at thIS time, the gates are not locked. The publIc IS not completely barred, although the club IS pnvate. When staff dISCUSSed thIS WIth ABC, ABC SaId a #40 lIcense IS a publIc permIt lIcense and It needs to be open to the publIc as well. In a sense It'S the same Issue as the Oakwood Apartment applIcatIOn for an ABC lIcense m a convemence store. The Oakwood SIte IS resIdentIally zoned and the County Club IS a commerCIally zoned SIte. They are SImIlar 10 nature 10 that they are pnvate uses where ABC IS requmng them to be open to the publIc. If a person walked 1Oto the Club and requested a beer and was asked If they were a Club member, ABC could brmg the Club m for VIolatIng theIr condItIons of approval at that po1Ot Mr CurtIs SaId "We, as a CIty, aren't too concerned WIth that because It's someth1Og that's regulated through ABC and It'S not a great concern to US whether people are or are not served. We Just as soon they're not served anyway" PublIc Heanng TIm K10g * Represent10g BIXby Ranch Co [No Address Glvenl Mr. K10g SaId both SItes have been 10 eXIstence and operat1Og favorably wlth10 the commumty for over twenty years. Approval of the CUP for thIS would be appropnate and they have no objectIons WIth staffs condItIons CommISSIoner Dahlman SaId the CIty would treat the entertaInment Issue 10 the CIty WIth a Zomng Text Amendment CommISSIoner Ors1OI asked Mr K10g what would happen If someone from the publIc came 10 and asked for a beer? Mr. K10g SaId they would be served. No one WIshed to speak further on thIS matter and the PublIc Heanng was closed. CommISSIOn Comments MOTION by Sharp; SECOND by Law to approve conditional Use Permit #92-14, with eleven conditions outlined in the staff report, by the approval of Resolution #92-42. MOTION CARRIES: A YES: 5-0-0 Sharp, Law, Fife, Dahlman, Orsini . . . Page 16 - PIannmg COOIlD1SSIOD Mmutes of October 21, 1992 6. Conditional Use Permit #92-8 112 Marn Street * Seal Beach LIquor ResolutIOn #92-40 Staff Re'port Mr. CurtIs delIvered the staff report. [Staff report on file 10 the Planmng Department] The applIcant, Mary ScheId, requested an after-the-fact CondItional Use PermIt for Seal Beach LIquor Store for an off-sale general lIquor ABC lIcense. Mr. CurtIs saId staff recommended not Impos1Og park10g Impact fees on thIS eXIst10g use which may/may not fall to meet the park10g requuements All uses whIch are consIdered per Ord1Oance 1448 are eXIst10g uses WhICh were consIdered to meet park10g reqmrements at the time they were approved and because no changes 10 use or ownershIp are proposed. On transfer of ownershIp, the new owner would be reqmred to reapply for a new CUP and the CIty could consIder park10g mItigation fees. Staff recommended approval subject to 12 condItions CommISSIOn Comments CommISSIoner Dahlman asked how many years It had been under the same ownership? Mr CurtIs Said about 54 years Chairman FIfe asked If there was a general understand10g among the Planmng CommISSIOners that all the facts upon WhICh the recommendation IS based are correct? Mr. WhIttenberg SaId that when staff gIves the final Resolution to the Planmng CommISSIOn Chauman for SIgnature, the find10gs are 10cluded 10 that Resolution. Staff 10cludes the 1Oformation 10 the staff report as the baSIC find1Ogs. If the ComnussIOn feels there are addItional find10gs which should be 1Ocluded, they should be gIven to staff for 1OclusIOn 10 the Resolution ChaIrman FIfe SaId he hoped all the CommISSIOners understood that unless the ComnussIOn specIfically added or modIfied or more of the find10gs of fact when they adopt a Resolunon, they are also find10g those facts. PublIc Hear10g Knst10 Stangland * 519 Ocean Avenue. Seal Beach Ms. Stangland stated her mother owns Seal Beach Liquor and the store has been 10 her famIly 54 years, her Grandfather ong1Oally owned It She saId she felt this store should be under the non-conform1Og clause She saId the CUP and It'S proposal for park10g lessens the value of the store Itself If they decIde to sell It. She asked the CommISSIon to conSIder thIS ComnussIOner Dahlman saId "I am not a bIg fan of 'grandfather' clauses But when the grandfather really has a long beard and he has been a real good neIghbor, I sure would be wIll10g to bend The po1Ot, when someone comes to buy your bus10ess ... what . . . Page 17 - P1annmg ComnuSSIOll MInutes of October 21, 1992 would he pay to buy the busmess next door If It were also a lIquor store? OK? He would be paymg the same to you as he would to the person next door who also decIded to sell at the same tIme. See what I mean? Because the person next door would be subject to eIther provldmg the parlong or paymg the mItIgatIon fee. So when you sell, If you ever decIde to, then It IS appropnate that the mltIgatlOn fees should be actIvated at that tIme. It's a level playmg field" Ms. Stangland saId they had been In busmess longer than anyone else has In Seal Beach and that should deserve a SpecIal pnvllege. John Baker * Nip 'n Stuff LIquor. MaIn Street. Seal Beach Mr. Baker addressed the parlong SItuatIon, statIng only those bUSInesses requmng a CUP are reqUIred to pay parlong mltIgatlOn fees. He felt It IS extremely unfau for lIquor- sellIng establIshments to be the only busmesses paymg parlong mItIgatIon fees He noted many of hIS customers stay m hIS shop only ten mmutes whIle a harr salon may have a customer m theIr shop several hours. He satd the reqUIrement for parlong nutIgatIon fees on lIquor sellmg establIshments WIll hurt the current owners when they go to sell theIr bUSInesses. He satd the CIty wants to take control of the merchant's busmesses through the CUP process. CommIssIoner OrsmI satd CItIes State-wIde requIre CUPs for alcoholIc beverage sales bUSInesses and Seal Beach IS no exceptIon. CommIsslOner Dahlman satd hIS votes on these Issues are based on equal treatment for all If par10ng reqUIrements are not enforced there WIll be no places to park Mr. Baker satd everyone knows par10ng IS limIted but he cannot tear down a buIldIng to proVIde par10ng Parlong down at the beach IS avatlable but that IS too far for hIS customers to use CommIssIoner Dahlman satd there's a great amount of sentIment In town, WhICh was expressed by many, many people at the October 7th meetIng, that there IS too much alcohol for sale on Matn Street. CommIsslOner OrsmI told Mr Baker that Seal Beach has the lowest In-lIeu parkIng fees at $100 per space He noted Laguna Beach merchants pay $2,000 per par10ng space. He suggested Mr Baker could call any coastal CIty and ask about a CUP and lIquor and hatr salons but they WIll state all busmesses requmng CUPs must pay parkIng fees. Mr. Baker saId Seal Beach doesn't have to do what the other CItIes do Chairman FIfe saId Mr. Baker's real questlOn IS why aren't parlong fees leVIed more as a functIon of a real par10ng demand that a busmess generates? Why are restaurants and lIquor stores smgled out? Chatrman FIfe satd he dIdn't know but "That's a hIstoncal fact of law" Page 18 - P1annmg ComnuSSlon Mmutes of October 21, 1992 . Ron Sesler * SeaSIde Gnll. Mam Street. Seal Beach Mr. Sesler saId he owns the SeaSIde Gnll. He saId the CIty was huffing the merchants when they go to sell therr busInesses because of the parkIng mIugatIOn fees He saId Laguna Beach has a 25 % vacancy factor. He urged the Planmng CommISSIon look at what they are dOIng to theIr busIness commumty and everyone get together to solve Issues . COmmISSIOner Dahlman saId he would lIke to respond to Mr Sesler's comment that "It gets Into the pocket book at the ume of sale". He saId "Why should you benefit from not haVIng to provide parkIng when you sell you bUSIness? But the other guy, WIth the same bUSIness, has to proVIde It and therefore has to take a hIt at the ume of sale? Why should there be a pnvIleged class In town, comIng to the mIcrophone tomght, and demandIng theIr nghts to be grand fathered In as a specIal class, dIfferent from everybody else who maybe hasn't been In business as long. Now we were propOSIng to allow grandfathenng I even saId, thIS IS a perfect sItuauon where we should bend Here are people who have been here for a long ume They've been good neIghbors. They've had no problems In therr establIshment. We should do thIS. We should not charge them parkIng mlugatIOn fees. Yet I hear people comIng to the podIUm saYIng "You're after us. You're out to get the bUSIness commumty". And you mean, that we're out to get a nucleus of bUSIness men who would lIke to be specIally pnvIleged - that's what you mean" Mr Sesler saId that's not what he meant. He Said "These folks have been here fifty years and In bUSIness, they shouldn't even be before you to get a CUP. I personally don't qUIte understand what a condIuonal use IS I've been In bUSIness In CalIforma over twenty-five years. I've been In numerous Clues I've been In Seal Beach close to mne years I have never been subjected to anythIng, let alone people lIke thIS, who have been In bUSIness for fifty plus years beIng subject to what I don't understand. I also agree WIth John Baker, that If we have to pay parkIng the whole town should pay parkIng regardless of what bUSIness you're In " CommISSIoner Dahlman Said the bUSInesses that are regulated on a frequent baSIS by CUPs, lIke alcohol and restaurants, over ume the parkIng wIll have to be proVIded There IS an Injustice and an Imbalance and It occurs because these regulated bUSInesses come before the CommISSIon more frequently In therr lIfe cycles Chairman FIfe saId the law office on Main Street came before the Planmng COmmISSIOn to enlarge therr deposIuon room They dId not have the benefit of a grandfathenng clause when they were proVIdIng off-street parkIng In full conformIty WIth therr then- eXlsung use They could not expand because they dId not have the option to pay In-lIeu fees They were a bUSIness WIth one of the hIghest parkIng ratios to the lot on MaIn Street. That wasn't fair but It'S a result of the fact that the CIty dIdn't have much In the way of bUIldIng codes fifty years ago No one WIshed to speak further and Chairman FIfe closed the PublIc HearIng. . . . . Page 19 - PIanwng Comnu88101l MInutes of October 21, 1992 MOTION by Sharp; SECOND by Law to approve Conditional Use Permit #92-8 subject to conditions outlined in the staff report, through the adoption of Resolution No. 92-40. MOTION CARRIED: A YES: 5-0-0 Sharp, Law, Fife, Dahlman, Orsini 7. Conditional Use Permit #92-16 2950 Westmmster A venue * Chevron USA Staff Report Mr CurtIs presented the staff report [Staff report on file m the PlanOlng Department]. The applIcant, JIm Holechek, comes before the PlanOlng CommIssIon m response to CIty Ordmance No 1448 Mr. Holecheck wants to operate an automobIle servIce station between the hours of 200 a m and 6.00 a m Staff recommended approval of CUP #92-16 subject to condItions The approval of CUP #90-1 for thIS SIte, allowed a remodel and the station's hours were changed to 24 hours per day It approved a large cashIer area WhICh dISCussed whether the large quantity of food Items exceeded the Code's mtended meanmg of "mcIdental motonst servIces and products". Staff WIll provIdmg a report to the CommIssIon ill the near future Mr. CurtIs saId the applIcant submItted a letter, Attachment "0" 10 the staff report. Mr CUrtIS read thIS for the Record CommISSIOn Comments CommISSIOner Sharp asked staff for an explanatIOn on the food SItuation at thIS servIce station Mr. WhIttenberg SaId the matter was referred back to the PlanOlng Department for addItional research WIth the CIty Attorney's Office as to how "mcIdental motonst servIceS" would be defined Staffs workload has prevented completion of thIS Item Staff antiCIpates thIS commg before the CommISSIon 10 the future. CommISSIoner Sharp asked If thIS were approved, would thIS affect any decISIon on the "mcIdental motonsts servIces" action? Mr WhIttenberg saId no PublIc Hearmg The applIcant was not present No one 10 the audIence WIshed to speak for or agaInst thIS applIcation. ChaIrman FIfe closed the PublIc Hearmg . . . Page 20 - P1annmg CoouwSSIOll Mmule8 of October 21, 1992 MOTION by Dahlman; SECOND by Sharp to approve Conditional Use Permit #92-6, by the adoption of Resolution No. 92-43, subject to the five (5) conditions outlined in the staff report and with the addition of condition #6: #6. The approval of CUP #92-16 shall not be considered as approval or acceptance of the existing food mart. The Planning Commission reserves the right to consider the food mart for compliance with condition of approval #3 of Resolution 1570 (CUP #92-1) at a later date. MOTION CARRIES: A YES: 5-0-0 Dahlman, Sharp, Fife, Orsini, Law The CommISSIon and staff corroborated the fact that thIS station IS not selling beer or wme. ORAL COMMUNICATIONS There were no oral commumcatIOns STAFF CONCERNS Mr WhIttenberg presented each Planmng CommISSIOn a copy of a report from Councllmember Hastings from the CIty of Long Beach to the CahfomIa Coastal CommiSSIon regardmg a temporary artIfiCial reef constructed off-shore at Long Beach as part of a mItigation measure for a development project m that CIty It's provIded for mformatIOnal purposes COMMISSION CONCERNS CommISSIoner OrsmI referenced a staff memo regardmg the hours of operation at restaurant Kmda Lahama. He asked If the patio was bUllt wIthout permIts and was parking proVIded? Mr CurUs saId he had not seen thIS memo but staff IS enforcmg a Code enforcement action against the patio cover/awmngs because the restaurant dIdn't get bUlldmg permIts and It'S an addItion to the bUlldmg WhICh reqUlres addItional parking whIch they do not have COmmISSIOner Dahlman Said the CommISSIon has heard people comment that they would hke to challenge what the CommISSIOn has been domg for two or three years on parking and he saId "I thmk that would be opemng a can of worms If we start compromlSlng on that I thmk we need to stick to our guns And that we WIll, m the long term, meet WIth what httle success we can hope for It may take 20 or 30 years to make a sIgmficant Impact on the parking m town but at least I thmk we need to hold the course that we've adopted". CommISSIoner OrSIm asked If the Planmng Department had obtained a list of other beach commumtIes and what they charge for m-heu parking fees? Mr WhIttenberg saId something was proVIded some time ago. Staff WIll proVIde CommISSIoner OrSlm WIth a copy before the next meetmg Page 21 - Plannmg ComnusSlon MInutes of October 21, 1992 . ADJOURNMENT Chamnan FIfe adjourned the meetIng at 11'00 p m Smcerely, ~D~~ Joan Illmann, Recordmg Secretary Note. The Planmng CommIssIon mmutes are tentatIve untIl approved. Approval. The Planmn~ommIsslOn Mmutes of October 21, 1992 were approved on November ~ 1992. ~ . .