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HomeMy WebLinkAboutPC Min 1992-11-04 "!:' . . . .. CITY OF SEAL BEACH PLANNING COMMISSION MEETING AGENDA of NOVEMBER 4, 1992 7:30 P.M. * City Council Chambers 211 Eighth street, Seal Beach, CA I. PLEDGE OF ALLEGIANCE II. ROLL CALL ill. CONSENT CALENDAR 1. Minutes of October 7, 1992 2. Minutes of October 21, 1992 IV. SCHEDULED MATIERS V. PUBLIC HEARINGS 3. Conditional Use [continue.d from Address: Applicant: Property Owner: Request: Resolution: Not.e: 4. Conditional Use Operation: Address: Applicant: Property Owner: Request: Resolution: Permit #92-2 10""""92] 101 Main street, suite "0" SeaSide Grill Ronald , Patricia Sesler Jim Watson Modification of conditions. Extension of hours to 1:00 daily. #92-30 ~he applicant has requested to ~end the hoUr$ to 11;00 p... daily. Permit #92-11 Thrifty Drug store 12419 Seal Beach Boulevard Thrifty corporation century National Insurance Co. After-the-fact CUP for #21 ABC license. #92-44 Conditional Use Permit #92-18 Operation: Lucky's Market Address: 12451 Seal Beach corporation 5. ..... 'e . 9. 10. . Applicant: Property Owner: Request: Resolution: 6. Conditional Use operation: Address: Applicant: Property Owner: Request: Resolution: Note; 7. Conditional Use operation: Address: Applicant: Property Owner: Request: Resolution: 8. Conditional Use Operation: Address: Applicant: Representative: Property Owner: Request: Resolution: Note; Conditional Use Operation: Address: Applicant: Property Owner: Request: Resolution: Height variation Address: Applicant: Property Owners: Request: Resolution: Lucky stores, Inc. Century National Insurance Co. After-the-fact CUP for #21 ABC license. #92-45 Permit #92-9 Mobil Gasoline station 1300 Pacific Coast Highway G , M oil Company, Inc. George A. Pearson CUP for business operating between 2 a.m. - 6 a.m. #92-46 TO b$ continu$d to 11-18~92 Permit #92-17 Shell Gasoline station 347 Main street Shell oil Company Shell oil Company CUP for business operating between 2 a.m. - 6 a.m. #92-47 Permit #91-15 Cafe Lafayette 330 Main Street S. Torabi , M. Bidarian Fred H. Middaugh, Esq. Aaron Weiner CUP for serving beer and wine. # (None Assigned) .emo only; no staff ~epo~t. Permit #92-13 Restaurant papillon 143 Main Street Nader Tahvildari Dorothy Nescher Entertainment permit. #92-48 #92-23 B-7 Surfs ide John M. Artukovich John , Lucille Artukovich Approval of a Height variation for an existing CRAS. #92-49 . . . ... Page 4 - P1annmg ConuwSSIOll Agenda for November 4, 1992 17. 18. 19. 20. 21. Request: Resolution: Height variation Address: Applicants: Property Owners: Request: Resolution: Not-e:- Height variation Address: Applicant: Property Owner: Request: Resolution: Height variation Address: Applicant: Property Owner: Request: Resolution: Height variation Address: Applicant: Property Owner: Request: Resolution: Height Variation Address: Applicants: Property Owners: Request: Resolution: Approval of a Height Variation for an existing CRAS. #92-55 #92-31 A-7 Surfside William B. , Jo A. Lewis William B. , Jo A. Lewis Approval of a Height Variation for an existing CRAS. #92-56 To be oontinued to 11-18~92 #92-32 A-86 Surfside Jane Nakagawa Jane Nakagawa Approval of a Height Variation for an existing CRAS. #92-57 #92-32 A-87 Surfs ide Mark A. Klein Mark A. Klein Approval of a Height Variation for an existing CRAS. #92-61 #92-33 A-88 Surfside Nicholas Bonfilio Nicholas Bonfilio Approval of a Height Variation for an existing CRAs. #92-58 #92-34 A-62 Surfs ide John P. , Isabel C. Brunn John P. , Isabel C. Brunn Approval of a Height Variation for an existing CRAs. #92-59 22. Height variation #92-35 Address: A-95 Surfside Applicants: Wayne , cynthia Tomlinson . . . .. Page 5 - Plannmg Comn1l881On Agenda for November 4, 1992 VI. VII. VIII. IX. Property Owners: Request: Resolution: ORAL COMMUNICATIONS STAFF CONCERNS COMMISSION CONCERNS ADJOURNMENT Wayne & cynthia Tomlinson Approval of a Height Variation for an existing CRAs. #92-60 . . . Page 6 - P1annmg Comnu88100 Agenda for November 4, 1m CITY OF SEAL BEACH PLANNING COMMISSION * AGENDA FORECAST 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 . cur #92 17 Ceal Deach Chell Cchcduled: 11/4/92 3. cur #92 9 C&U oil Ccheduled: 11/4/92 4. cur #92 16 Jim's CheYJ'ron Cchedulcd: 10/21/92 5. Not rec'd Union 76 Scheduled: 6. Not rec'd Donut City Scheduled: 7. Not rec'd Taco Bell Scheduled: * Review of 12 establishments selling liquor w/o City cUP. 1. cur #92 10 Irishcr Cchcdulcd: 11/04/92 2. cur #92 14 Old Ranch CC Cchcdulcd: 10/21/92 3. cur #92 20 Johna Food Ccheduled: 11/04/92 4. cur #92 11 Thrifty Drug Cchedulcd: 11/04/92 5. CUP #92-15 Rossmoor Bowl Scheduled: 6. Not rec'd Glider Inn Application ~ Submitted 7. Not rec'd Dolphin Mkt. Scheduled: o. cur #92 0 cn Liquor Cchedulcd: 10/21/92 9. Not rec' d Nip n Stuff will not submit application 10. Not rec'd Leisure Mkt. Scheduled: 11. cur #92 10 LucJcy'a pnct. Cchedulcd: 11/04/92 12. cur #92 19 Clancy'o Cchedulcd: 11/04/92 * ZTA #92-2 Entertainment Cafes (Pending City Manager's work on one day permits) * CUP #92-7 Unocal/99 Marina/Reactivate oil Dehydration Facility) [Environmental work being done] * CUP #14-91 Spaqhettini's/Entertainment/One year review. [ABC going to review their position first]. * cuP # MPR #92- Donut city/You for video games on premises. Old Ranch Country Club/Entertainment/Obtain CUP * * HV# CRAS (Thompson @ 1305 Sandpiper) * MPR #92-22 94 Welcome Lane/Latta/ 2-story cabana/Res. 92-30 . . . Page 7 - PIannmg CommISSIon Agenda for November 4, 1992 NOV 18 CUP #17-91 (Pasta Grotto/ABC indefinite extension) CUP #92-12 {Jeff Overeem} To be heard together. VAR #92-2 {Jeff Overeem} CUP #92-10 (Irisher/After-the-fact CUP/ABC) CUP #92-19 (Clancy's/After-the-fact CUP/ABC) CUP #92-20 (John's Food King/After-the-fact CUP/ABC) CUP #91-19 (Envipco Recycling Machines @ Pavillions) CUP #92-9 (Mobile @ 1300 PCH/Open 2-6/Res. 92-46) HV #92-29 (HV for CRAS @ A-7 Surfside) HV #92-37 (HV for CRAS @ 325 16th street) HV #92-38 (HV for CRAS @ 252 16th street) HV #92-39 (HV for CRAS @ 254 16th street) HV #92-40 (HV for CRAS @ 404 Ocean Avenue) HV #92-41 (HV for CRAS @ 117 4th street) (Ordinance re Crestview Encroachments & Walls Along Major Arterials) . DEC 09 DEC 23 JAN 06 JAN 20 FEB 03 FEB 17 MAR 03 MAR 17 APR 07 APR 21 MAY 05 MAY 19 JUN 09 JUN 23 JUL 07 JUL 21 AUG 04 CUP #12-90 (Bonadonnas/ABC renewal) Possibly no meeting due to staff furlough. ZTA for allowing entertainment in R-G zone. Page 8 - PIannmg CommISSIon Agenda for November 4, 1992 . AUG 18 SEP 08 SEP 22 OCT 06 OCT 20 NOV 03 NOV 17 DEC 08 DEC 22 . . i' . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES NOVEMBER 4, 1992 The regularly scheduled Plannlng Commlssion meetlng of November 4, 1992 was called to order by Chairman Fife at 7:30 p.m. in City Council Chambers. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner orsini. ROLL CALL Present: Chairman Fife Commlssioners Dahlman, Sharp, Orsini, Law Staff Present: Mike Colantuono, Clty Attorney Department of Development SerVlces: Lee Whittenberg, Director Barry Curtis, Administrative Assistant Joan Flllmann, Executive Secretary CONSENT CALENDAR 1. Minutes of October 7, 1992 MOTION by orsini; SECOND by Dahlman to approve the Planning Commission Minutes of October 7, 1992 as presented. MOTION CARRIES: AYES: ABSTAIN. 3 - 0 - 2 orsini, Dahlman, Sharp Fife, Law *** 2. Minutes of October 21, 1992 MOTION by Fife; SECOND by Dahlman to approve the Planning Commission Minutes of October 21, 1992 with two changes: Page 12, paragraph 3: "Commissioner Dahlman said many back yards are not big". [Emphasis added] Page 16, paragraph 6: "bend" not "bet". MOTION CARRIES: AYES: 5 - 0 - 0 Fife, Dahlman, Sharp, orsini, Law . . . Chairman Flfe indicated this Agenda has thlrteen Height variation applications for eXlstlng covered roof access structures. He asked for an audience show-of-hands for persons here for this item. One person raised her hand. MOTION by Fife; SECOND by Orsini to consider agendized items #10-22 first on tonight's agenda. MOTION CARRIES: AYES: 5 - 0 - 0 Fife, orsini, Dahlman, Sharp, Law commissioner Sharp suggested consolidating the staff reports for the Height Varlations. All the CRASs are over-sized, all are existing and all are in SurfSlde. Director Whittenberg indicated item #16, Helght variation #92-29 for A-109 Surfside, is not prepared for hearing and he requested continuation to the November 18th Commission meeting. Staff was unable to locate the existing approved plans. MOTION by Dahlman; SECOND by Fife to continue Height variation #92- 29 for A-l09 Surfside to the regularly scheduled Planning commission meeting of November 18, 1992; this will be a Public Hearing item. MOTION CARRIES: AYES: 5 - 0 - 0 Dahlman, Fife, Sharp, orsini, Law Staff Report Mr. Whittenberg consolidated and summarized the staff reports. [Staff reports on flle in the Plannlng Department]. commission Comments Commissioner Dahlman asked lf the CRAS rooflng materials matched the structures' rooflng materlals. Mr. Whittenberg said yes. Public Hearlnq Chairman Fife opened the Public Hearlng. for or against any of the applications. closed. No one wished to speak The Public Hearing was commission Comments MOTION by Orsini; SECOND by Sharp to approve Agendized items #10 through 15 and #17-22 as follows: Height Variation #92-23 for B-7 Surfs ide through Resolution #92-49 Height variation #92-24 for B-17 Surfs ide through Resolution #92-50 Height Variation #92-25 for B-26 Surfs ide through Resolution #92-51 Height variation #92-26 for B-27 Surfside through Resolution #92-52 Height Variation #92-27 for B-28 Surfs ide through Resolution #92-53 Height Variation #92-28 for A-84 Surfside through Resolution #92-54 Height Variation #92-31 for A-7 Surfside through Resolution #92-56 . . . . Page 3 - Plannmg ConUl"'SIOIt Mmuteq of Novemb~r 4, 1992 Height variation #92-32 for A-86 Surfs ide through Resolution #92-57 Height variation #92-33 for A-88 Surfs ide through Resolution #92-58 Height variation #92-34 for A-62 Surfside through Resolution #92-59 Height variation #92-35 for A-95 Surfside through Resolution #92-60 MOTION CARRIES: AYES: 5 - 0 - 0 orsini, Sharp, Fife, Dahlman, Law *** Chalrman Fife proposed the Commission consider ltems #4 and #5 out of order on the Agenda. MOTION by Fife; SECOND by Sharp to consider item #4, Conditional Use Permit #92-11 for Thrifty drug store, and item #5, Conditional Use Permit #92-18 for Lucky's Market, out of agendized order. MOTION CARRIED: AYES: 5 - 0 - 0 Fife, Sharp, Dahlman, orsini, Law 4. Conditional Use Permit #92-11 12419 Seal Beach Boulevard Thrifty's store #220 Resolution No. 92-44 5. Conditional Use Permit #92-18 12451 Seal Beach Boulevard Lucky's Store #977 Resolution No. 92-45 staff Report Mr. Whittenberg suggested he combine staff reports in a general summary. agreed. the presentation of both The Planning Commission [staff reports on file in the Plannlng Department]. The applicants, Thrifty Corporation and Lucky stores, Inc., are requestlng Plannlng Commission approval for after-the-fact Conditional Use Permlts (CUP #92-11 and CUP #92-18), for the sale of beer, Wlne and distllled spirlts at Thrlfty's store #220 at 12419 Seal Beach Boulevard and Lucky's store #877 at 12451 Seal Beach Boulevard. Staff recommends approval of both applications subject to conditions. commission Comments Chairman Flfe asked the orlgin of condltion of approval #19: Mr. Whittenberg sald it was one of the proposed standard conditlons approved ln a POllCY statement which the Commission considered about six weeks ago. There may be conflicts with . . . Page 4 - P1annmg COIIumsslOtI Mmutes of November 4, 1992 the Government Code; this will be reviewed. staff would not object to deletlon of this condition. Chairman Fife said the def ini tion of "motor fuels" should be tlghtened. Commlssioner Dahlman suggested the wordlng "gasollne and dlesel" lnstead of "motor" . Public Hearinq SallY Rainwater * Thriftv Corp.. 3424 Wilshire Blvd.. Los Anqeles Ms. Rainwater presented the Commission wlth a lighting plan and current ABC llcense for store #220. She questioned the language of the followlng condltlons of approval: 19. Off-sale liquor establishments shall not sell or store motor fuels on the same premises as alcoholic beverages. She asked if the purpose of this condltlon is an environmental issue or is it an attempt to monitor premises with an attempt to control driving with the sale of alcoholic beverages. Chairman Fife indicated it was the latter, to minimize the accesslbllity of alcohol and driving together. The condition will be changed to read: 19. Off-sale liquor establishments shall not sell or store gasoline or diesel fuels on the same premises as alcohollC beverages. [Emphasls added]. Ms. Rainwater said that was acceptable as modified. 13. Special security measures such as security guards, door monitors, and burglar alarm systems may be required. Ms. Ralnwater sald Rossmoor Shopping Center has security guards, provlded by the lessor and paid on a pro-rated basis by the tenants. The language leaves lt open for the City, at a future date, to requlre Thrifty to provide a guard. This would be a considerable expense. Thrifty has their own security loss preventlon department. Each officer has approximately five stores WhlCh are monitored on a regular basis. They perlodically run shoppers through. The manager's office is being moved to the front of the store; the manager spends all his on-duty time at the front of the store monitorlng what's gOlng on. 15. It shall be the responsibility of the applicant/ licensee to provide all staff with the knowledge and skills that will enable them to comply with their responsibilities under State law. . . . Page 5 - PlannIng Conmllsslon Mmute. of November 4 1992 The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. d) Methods for preventing customers from becoming intoxicated, methods for dealing with intoxicated customers and recognizing underage customers. Ms. Ralnwater said (b) pertalns to on-sale not off-sale. Thrifty is not dispenslng, they are selling retail packaged goods. Thrifty does cover liabllities when an employee makes a retall sale. Chairman Fife asked if the state regulations require an off-sale licensee to take into account the level of intoxication of a customer? Ms. Ralnwater said yes, not in terms of level, but they do provide a guide line of signs indicating intoxication. Thrifty provides that In thelr training materlals. The DMV publishes levels based on body welght and height. Thrifty's employees are not trained to that level. Thrlfty's training requires anyone wantlng to work at Thrlfty's to sign an affidavit of a Thrifty employee manual WhlCh covers alcohol and drug abuse, alcoholic beverage sales, safety and securl ty measures. As of January 1, 1992, the ABC has made it a legal requirement that anyone maklng an alcohollC beverage sale read and sign a Clerk's Affidavit; all Thrifty employees have done this. These are kept in the employee files at corporate headquarters with a xerox copy at the store. Thrifty lssues a monthly llquor bulletln which covers new and changing laws and reminders of the on-going laws. All employees must sign an affidavit that they have read and understood the bulletin. Thrlfty asked ABC to send an investigator trained ln the ABC's training program LEAD (Licensee Education in Alcohol and Drugs). They certlfy attendees at that program. This particular training seSSlon was videotaped. This tape lS part of new Thrlfty employees tralning book management and clerk level. . . . Page 6 - Plannmg CommISSIon Mmute~ of November 4, 1992 Chairman Fife asked staff if the wording: b) The potential legal liabilities of owners and employees ... requlres store clerks to know tort law? Mr. Whittenberg said this condltion is aimed at taking ABC training programs to provide basic knowledge and exposure to liabilities that owners and employees could encounter by selllng to lntoxicated indlviduals. This condition hopes to ensure that CUP applicants are aware that this is available. Thrifty feels the language of this condition falls under dramshop laws ln terms of liability for someone leaving your premises and injures themselves or another. Those laws would rarely apply to a retail operation. Chairman Flfe sald Thrifty's responsibility for educating customers is not covered in this language about their potential llabilities. Chairman Flfe sald the followlng language was more approprlate for an on-sale licensee: d) Methods for preventing customers from becoming intoxicated ... Commlssion Dahlman suggested deleting this wording. staff had no Ob)ectlon. (D) will read: d) Methods for dealing with intoxicated customers and recognizing underage customers. Chalrman Flfe asked if fine tuning on this CUP will undercut the CommlSSlon's earlier POllCY statement? Mr. Whittenberg said no, because the policy statement has not been formally approved by the Planning Commission. It will come back to the Commission at the November 18th meetlng. Wordlng can be separated for on-sale and off- sale premises. Ms. Ralnwater questioned condltion of approval #17: 17. The applicant/licensee must bear the cost of modifications or cease operations if harm or retail related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. She asked the Commlssion to conslder that when asking the applicant/llcensee to bear the costs for anything . . . Page 7 - P1annmg COmnllSSIOn MUlUles of Novembe. 4, 1992 occurring on the premises as a result of congregating persons that each tenant's lease has clauses dealing with the Center's common area. In Thrifty's lease, the lessor is responsible for that. Thrlfty's pays pro-rated fees for common area maintenance expenses and the guards. Chairman Fife said this condition would not change the contractual relationship between Thrifty's and Rossmoor Center. Ms. Rainwater sald Thrlfty's is sensitive after the civil unrest ln Los Angeles. commissioner Dahlman noted Thrifty's lS meeting and exceeding all the conditions. If Ms. Rainwater I s concern is that the Clty would interpret these conditions very strictly, causlng something new to be done, that is not the Commission's intention. Chairman Fife said if all establlshments had tralning programs on a par with Thrlfty's the POllCY statements would not be needed. What Ms. Rainwater described more than meets what the Commission is trying to accomplish. Regarding condltion #13, about securlty measures, Ms. Rainwater said all Thrifty stores have burglar alarms. City Attorney, Mlchael Colantuono, suggested new wording for conditlon #13, to meet staff's intent: 13. In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach municipal Code, to require the provision of additional security. This is a notice provislon to tell the licensee that the Clty wants them to pay attention to these lssues. If they become a problem, the licensee may be brought back before the Commlssion for an involuntary amendment to thelr permit to address a problem that has arlsen. It is not intended that security could be lmposed without a hearlng process. Ms. Ralnwater said the new wording was acceptable. *** Ann Grassle Hall * Buena Park. CA Luckv stores. 6565 Knott Avenue, Ms. Hall presented a copy of Lucky's current ABC license. She asked lf Lucky Stores took exception to conditions of approval after Commlsslon approval could they come back to the Commission. Dlrector Whlttenberg said the proper . . . Page 8 - Plannmg ConunlSSlon Mmute~ of November 4. 1992 time is now for expressing concerns so the Commission could consider modifications to the conditions. Once an act1.on has been taken the procedure to amend those cond1.tions would be to f1.le an appeal to the City Council or, at a later point, asking the Commission for a modification. Both of these processes involves Public Hearings. Ms. Hall sa1.d she did have a problem with condition #19, but if it is reworded as described she has no problems with the cond1.tions. Chairman Fife closed the Public Hearing. MOTION by Sharp; SECOND by Law to approve Conditional Use Permit #92-11 by the approval of Resolution No. 92-44 and to approve Conditional Use Permit #92-18 by the approval of Resolution No. 92-45, subject to rewording of conditions of approval #13, #15(d), and #19 as follows: 13. In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach municipal Code, to require the provision of additional security. 15. ... d) Methods for dealing with intoxicated customers and recognizing underage customers. 19. Off-sale liquor establishments shall not sell or store gasoline or diesel fuels on the same premises as alcoholic beverages. MOTION CARRIES: AYES: 5 - 0 - 0 Sharp, Law, Fife, Dahlman, Orsini *** 6. Conditional Use Permit #92-9 1300 Pacific Coast Highway Mobil Gasoline Station Mr. Whittenberg explained the Seal Beach Journal did not publish all the Public Hear1.ng Not1.ces as required under the municipal Code. Staff requested this be continued to re- Notice. Public Hearing Chairman Fife opened the Publ1.c Hearing. . . . Page 9 - Plannmg ConUUISSIOlt Mmutes of November 4, 1992 MOTION by Dahlman; SECOND by Sharp to continue the Public Hearing for Conditional Use Permit #92-9 to the Planning commission meeting of November 18, 1992. MOTION CARRIES: AYES: 5 - 0 - 0 Dahlman, Sharp, Orsini, Fife, Law *** 8. Conditional Use Permit #92-15 330 Main Street Cafe Lafayette [No resolution] staff Report Mr. Whl ttenberg explained there is no staff report. The Commission needs only to receive and file the staff memo. RECEIVE AND FILE staff's memo on CUP #92-15, delaying review for one year, allowing Cafe Lafayette to obtain their ABC license and sell beer and wine one year prior to City review. *** MOTION by Sharp; SECOND by Fife to consider item #7 as the next Agenda item. MOTION CARRIES: AYES: 5 - 0 - 0 Sharp, Fife, Dahlman, orsini, Law *** 7. Conditional Use Permit #92-17 347 Main Street Shell oil Company Resolution #92-47 staff Report Mr. Curtls presented the staff report. [Staff report on file in the Planning Department]. The appllcant, Shell oil Company, requests to operate an automobile service station at 347 Main street between the hours of 2:00 a.m. and 6:00 a.m. This applicatlon was flIed ln response to Ordinance No. 1348. Commission Comments There were no Commlsslon comments. . . . Page 10 - Pl:mnmg COIllIlIISSIOIl MUlUteS of November 4, 1992 Public Hearinq Chairman Fife opened the Public Hearing, asking those to speak in favor of the application to speak first; there were no speakers ln favor. Joe O'Neal * Marina Hill [No address qivenl Mr. O'Neal asked why it is necessary for this business to operate from 12:00 a.m. to 6:00 a.m.? His home backs to Pacific Coast Highway and he has tolerated certain businesses running for twenty years. He said 24-hour businesses can create many nuisances but suggested the CUP for Shell oil be left alone. Mr. Whittenberg sald there's no Code prohibition against unloading at night. The Code provides for noise standards. The Commlssion could lmpose condition regarding the time of malntenance and operation activitles and taker unloadlng times. Dan Edmonds * Area Manaqer, Shell oil Co. Dick Greqorio * Shell Station Manager, 347 PCH Mr. Edmonds sald the tanker delivery quadrants are divided into three elght-hour sectors daily. If it's a problem they can direct dellveries to be made ln the daytime hours, it's not a problem for Shell. The structure at 347 Pacific Coast Highway has not been painted in ten years. Perhaps the lube bays were cleaned between 2:00 a.m. - 6:00 a.m. This is done inside wlth the doors down. For the Record Chalrman Flfe read a letter from Donald Pesch in opposltion to thlS appllcation. [Attached]. Chairman Fife closed the Public Hearlng. Commlssion Comments Chairman Fife sald that as the Commisslon begins to develop the legal authority to exercise some regulation over buslnesses that are open 24-hours per day, the question remains on what degree of regulation. The City cannot blanketly shut buslnesses down between the hours of 2-6 AM but the City doesn't have to turn it's head when they are being unnecessarily unnelghborly. MOTION by Orsini; SECOND by Sharp to approve Conditional Use Permit #92-17 through the adoption of Resolution No. 92-47, with the added conditions: 1. The permittee shall deliveries or to activities between The permittee is not be permitted to receive perform outdoor maintenance the hours of 2:00 - 6:00 a.m. reminded of its obligations . . . Page 11 - Plannmg ConumsslOn Mmute. of November 4, 1992 pursuant to Chapter 13D of the Seal Beach municipal Code regarding noise control. MOTION CARRIES: AYES: 5 - 0 - 0 orsini, Sharp, Fife, Dahlman, Law *** 3. Conditional Use Permit #92-2 101 Main Street, Suite "0" SeaSide Grill Resolution No. 92-30 staff Report Mr. Whittenberg presented the staff report. [Staff report on file in the Plannlng Department]. The present request is to allow hours of operation from 7:00 a.m. to 11:00 p.m. daily. The staff report discussed the following areas of concern: 1. Ability of Clty to modify current ABC stlpulated hours of operatlon. 2. Ability of ABC and/or Clty to restrict hours of operatlon to less than 6:00 a.m. - 2:00 a.m. 3. Impact of sales tax revenue from restaurants/bars on Main street to City's General Fund. 4. Land use conflicts between Maln Street commercial area and adjoinlng residentlal areas. 5. Enforcement capabillty of ABC and city re failing to comply wlth Conditions of Approval. 6. Over-concentration/high crime crlteria utilized by ABC. 7. Cumulative impact analysls re intenslfication of use/expanslon of hours of operatlon. Staff recommended denlal of the present request with deferral of consideration untll the twelve month review, May 1993. Staff recommends the Minutes of the October 7th Commission meeting be forwarded to ABC for their lnvestigation purposes. Chairman Fife asked lf ABC could deny a license without it getting to the CUP review process? Mr. Whittenberg sald no, if a city has a CUP process in place, ABC wlll not consider the application untll the Clty has made a determination on their CUP. Where a Clty does not have a CUP process, ABC will make the determination. Page 12 - Plnnnmg ComnllSSlDlI Mmutes of November 4. 1992 . Mr. Whittenberg said if a city were to approve a new license request in a h1gh crime/over-concentrated area ABC still has the authority to deny the license based on their investigation. . Mike Colantuono, City Attorney's Office, commented on his memorandum of November 4, 1992 on CUP #92-2. He said "The California Environmental Qualitv Act (CEQA) requires that every discretionary dec1sion that you make be evaluated under the Act. You start with everything that's not mandatory, like building permits, which are automatically issued over the counter. Then there's a series of paths out of this statute. There are a number of exceptions in the statute which are called "statutory exemptions" and there's a list of those at the back of your local CEQA guidelines. Then there's a list of about 25 or 30 "categorical exemptions" which are categories of appl1cations and decisions that cities and other agencies might make that the State Secretary of Resources has determined, in general, do not involve slgnificant environmental effects. So rather than require the City to do an analysis to reach the inev1table conclusion of no impact, they tell you up front that if it falls in that class you don't have to review it under CEQA. Staff has determined, and I agree, that a Class 5 exemption which applies to minor alterations in land use lim1tations, can be applied to decisions llke this one. Where someone is applying for a minor change 1n the limitatlons on a land use permit. So my first conclusion is that staff's interpretation of that Category 5 is appropriate. However, whenever you're dealing with categorical exemptions, there are certain circumstances under which - not w1thstand1ng the fact that you're in the category - you shouldn't apply the exemption. If you're dealing w1th a unique situat10n such as --- generally room addi tions aren't' the kinds of decisions that will have significant environmental 1mpacts -- but if you're d01ng a room add1t10n onto a wetland, or you're d01ng a room addition that's going to invade the habitat of an endangered species, those sorts of exceptional circumstances, the one that's been asserted here by some opponents of this proj ect, is the exception for cumulative impacts. What that refers to is that anyone decision is not going to have a significant impact but if the dec1sion is part of a series of slmilar decisions at the same time and in the same place which taken together will have a significant impact, then you should not apply the exempt10n. The example they give you 1S that if you do a room add1tion, 1t's not a significant impact, but if you do a room addition every six months untll you've built a 500 room hotel it might well be a significant impact. So there is an exemption for cumulative impacts. Whether or not this appllcation, adding one hour a night, five days a week, to one licensee, in one part of town is part of a factual pattern, a series of appl1cations, a series of changes going on in town . Page 13 - P1aruung COmnllSSIOn Mmuteq of November 4, 1992 . that has significant impacts is a questlon of fact. It is not my role to make factual determ1nat1ons, it's your role to make factual determlnat1ons. So what I'll tell you about that is that your staff has concluded that there 1S not evidence of that kind of a pattern. And they have recommended that you find that the facts don I t support the cumulat1ve impacts exception. I believe that that is a reasonable conclusion which I could defend legally if I had to. If you view the evidence differently, you have the opt1on to reJect staff's recommendation and required that a so-called Initial Study be prepared. An Initial Study 1S basically a check list that takes staff through a series of quest10ns about the project to determine whether or not it will have significant impacts. The last th1ng I th1nk I need to say, and it's not in my written report, is that the biggest exception to CEQA is that it doesn't every apply to anything you reject. Because if the project doesn't go forward lt quite obviously doesn't have an environmental impact. So lf you accept your staff's recommendation on the underlying application and deny the request for an extens10n of hours at thlS time, this whole CEQA d1scussion becomes academic. So unless there are any questions for myself or staff you are free to open the Hearing at this time. . Chairman asked Mr. Colantuono how the Planning Commiss1on could determine what straw it would be that would break the camel's back? Mr. Colantuono said CEQA is not concerned about existing environmental degradation. The purpose of CEQA is to allow the Commission to see the consequences of its decisions before they come. Between 1960 and 1992 there were a series of deC1S1ons about how to use land on Main Street that substantially changed the neighborhood. That pattern probably fits the cumulative 1mpact. But it's history and CEQA is not designed for archaeolog1cal purposes, it's designed to recognize, analyze and mitlgate future lmpacts. The Commission would have to question 1f there's a pattern coming and does thlS fit 1n this pattern. Would that pattern have a significant 1mpact. Chairman Fife asked that when you're analyzing the effect of a decision, what benchmark environment do you compare to? The environment as it is presently degraded? Or, the environment as it was before you started on this process? Mr. Colantuono said you deal wlth the current envlronmental sltuation. . Commissloner Orsini asked Mr. Colantuono if it would be possible to suspend a CUP until the tlme of a hearing in a case where violations continue to occur? Mr. Colantuono said that whenever the Commission believes an applicant is violating the terms of a CUP the Commission has the power to revoke that permit. The appl1cant has the right to continue to operate under that permlt, that right is a constitutionally Pnge 14 - PlmUllllg Con\1J1ISSlOll Mlllute. of NOVCIllb~r 4, 1992 . protected property right which cannot be denied without a notice and an opportunity to be heard. The existing municipal Code requires a full Planning Commission hearing with a ten day notice. There are some circumstances, like if you lose your deposit for repeated burglar alarms, where the interest at stake and the number of tlmes you're gOlng to go and deprive that interest is so common that you couldn't possibly function as a commission if you were to hear them all, you set up more expedited procedures. But this City has not yet written ordinances to propose expedited procedures in this setting. So if somebody is violating the terms of your permlt, and you want to act on those violations, you need to have a Noticed Public Hearing before the Planning commission. commission Comments Commissloner Dahlman sald the Plannlng Commission has received testimony that thlS particular type of use in the 100 block of Main Street lS over-saturated and he has a concern over the cumulative impact. If the Commisslon gives one hour now and later the ABC allows them to 2:00 a.m. then they'll be back for three additlonal hours. Public Hearinq . Joe O'Neal * 1330 Crystal Cove, Seal Beach Mr. 0' Neal asked why Old Town resldents get preferentlal treatment on buslness hours over those homes whose yards back to Pacific Coast Highway? The H1II homeowners know there is going to be nOlse and they don't complain. He sald if the Old Town resldents get preferentlal treatment then the Hill residents are going to get the same treatment. Ron Sesler * SeaSide Grill He introduced himself as the owner of SeaSide Grill. He asked for his hours be extended for 11:00 p.m. for economic necessities. He said the posslble profit in that one hour might make the dlfference of loss or profit in the business. He noted that if he had the cholce, llke the a doctor or an attorney, of havlng appointments when a patron would come in and eat at the Grlll the employees wouldn't have to stand around and walt. He must have a full staff because he doesn't know when they're going to get busy or what tlme he's going to make hlS income. There have been times when he has had to close the Grill wlth a full house. These are not dlsruptive customers, they are cltizens of Seal Beach. He didn't think one hour per day for flve days would have an undue lmpact on the City. . Commissloner orsini commented on the tax base to the City, saying his previous comments on tax revenue were not about the business owner's revenue but revenue comlng to the City of Poge 15 - Pllll1Illl1g COllumSSlO1l Mmutes of November 4 1992 . Seal Beach. He corrected hlS prlor flgure of $ .77, it's $ .15 per hour. Mr. Sesler said Mr. Orsini would want to be a partner with him only in his good hours -- he would not choose to be a partner all day long. When he has a full house of customers it hurts financially and mentally to close up. He continued to say that $ .15 to the City might well mean $50 to him and on an annual basis that would be a big lncome. . commissioner Dahlman sald Mr. Sesler had implied these additional hours might make a difference between going out of business or not going out of business. Mr. Sesler said the recession seems to be gettlng worse and the hours could make a difference. He would be able to tell after he is able to stay open the additlonal hours. His rent is very hlgh and he needs the help. Commissioner Dahlman sald that since the subject of City sales tax revenue enhancement, by givlng SeaSide Grill an additional hour, was brought up, he referenced staff report figures on sales tax as reported by sales tax income tax returns by the businesses. Over the past year, from the first quarter of FY 91-92 to the first quarter of FY 92-93 the non-food Clty businesses have been suffering from a receSSlon. They have only grown in sales 5.8%. The establishments serving beer and wine have grown 22.6%. Those servlng liquor have had thelr sales increased 45.6%. Mr. Sesler said "Posslbly people are being driven to drink ...". Commissioner Dahlman continued to say the Wall Street Journal will tell you this is a good business ln a receSSlon. Yet Mr. Sessler is telling the City he's in dlre straits. When he sees 45% more money going to the State from establishments selllng distllled splri ts that tells him there's 45% more dlstllled spirits belng sold. "No wonder the whole town is out wondering why there are drunks wanderlng around at 2:00 a.m. maklng nOlse and urinatlng on thelr bUlldings". Mr. Sesler asked Mr. Colantuono what is the dlfference between an establishment servlng hard alcohol being open to 2:00 a.m. and an establishment serving beer and wine belng closed at 10:00 p.m. Is there a reason for this? Commissioner Dahlman said he thought all establlshment should be subject to the same hours. Mr. Sesler agreed, saYlng under the State code to 2:00 a.m. Commissloner Dahlman dlsagreed. Mr. Colantuono did not reply. Commlssloner Sharp sald that lf thlS establishment is able to stay open another hour, that also generates wages and utility bills another hour which helps the communlty. . Scott Hogarth * 1007 Ocean Avenue #3, Seal Beach Mr. Hogarth stated a recent Press Telegram artlcle prompted an associate to ask hlm if he lived ln a garbage pit. He felt Page 16 - Plannmg ComnllSSlon MU1ute~ of November 4, 1992 . Seal Beach is the best town in Southern California. He said when you live 1n Old Town, and if your windows face an alley, noise from passers by are as normal as the pounding surf, the loud speaker on the pier and the volunteer fire alarm. He felt that anyone living near Main Street takes a certain risk and can expect an occasional undes1rable or noisy passerby at any time. The SeaS1de Gr111 is a positive addition to the commercial district of Seal Beach and he hopes it survives. He agreed the commercial business hours should be regulated. The patrons of SeaSide Grill are helping the City's economy. SeaSide Gr111 1S a positive image and should not be unduly restricted by self-serv1ng and ever-present complainers. Georqe Marino * Coastline Drive, Seal Beach Mr. Marino said he has lived in Seal Beach since 1966. In 1966 the town closed up when the sun went down. There were no lights on Main Street. You could walk out to the pier and never see anybody. More people live here now and it's a viable town. "You Just can't keep it the way these people want it. That's what they want - the darkness. He stated he has never personally seen people running around drunk and urinating on the build1ngs. . Hugh Levitt * Executive Chef, Walt's Wharf, Seal Beach Mr. Levitt addressed Commissioner Dahlman's comments on restaurants and bars making 40% profit, stating the economics don't support that. There are many restaurants in Newport Beach and the south county that are not making that kind of profit and are clos1ng. He sa1d Walt's Wharf did not have a better percentage th1s month than they had at the same tlme last year. He quest10ned where staff got there figures and said he would like to see the documents. Olv Olsen * 5th Street/Marina Drive, Seal Beach Mr. Olsen said SeaSide Gr111 1S a good place to go and he eats 70% of the time he goes there. He said Ron Sesler started a business and has done a good job of making it go and now he's asking for a small extension. He said there's a group of people in the audience, he recognized their names from the Seal Beach Journal, who can't f1nd a nice thing to say about Seal Beach. He sa1d "I wonder what there is about Seal Beach that they love that's so beaut1ful that they want to keep it. Because they're ObV1ously not open1ng their eyes and seeing what we have here --- an ocean, people vis1t1ng. They just come a negatize it". . Joe O'Neal * 1300 Coastl1ne, Seal Beach Mr. O'Neal asked Commissioner Dahlman if he had the figures on what the rent increases were on the commercial properties? commissioner Dahlman sa1d the figures show gross sales and do not reflect expenses. Page 17 - PlllIlIlmg COfIunlSSlOI1 Mmutes of Novemher 4 1992 . Russ Mavham * Montana rNo address Q1Ven) Mr. Mayham said "All's I've heard is a bunch of mud slinging. You guys, all you're doing 1S bad mouthin' ... with alcohol. Where do you get off on telling somebody or judging somebody what the alcohol lim1 t 1S in that person's body? Can you honestly justify that?" He said SeaSide Grill is just asking for a few hours to make 1t work. Commissioner Dahlman asked Mr. Mayham to make that judgement himself. Saying that Halloween night his daughter went to Main Street to see the Haunted House. They were on the 100 block of Main Street at 9:00 p.m. People were stumbling out of one bar and were barely able to make it to Hennessey's. Somebody else, obviously drunk, made an obscene gesture in front of his young daughter. Mr. Mayham said that could happen anywhere you'd go. Mr. Mayham said he has four bars in Montana and he's deal1ng with the same problems. Commissioner Dahlman sa1d "That's not why I llve in this town and it's not why a lot of people live in th1S town". Mr. Mayham said the city would be in trouble 1f the business owners teamed up. . Chairman F1fe asked Mr. Mayham how he deals with a patron who's consumed too much llquor? Mr. Mayham said it's done quietly and discreetly. In Montana there's a Home Free Act, where the car keys are taken from an 1nebriated patron, a taxi service is called and the patron is driven home. Mr. Mayham said the City and merchants should come to a happy medium. Comm1ssioner Dahlman said he daughter was not in the bar, she was walking on the sidewalk on Main Street, trying see a Halloween exhibit. If she was confronted with this so were many other Seal Beach children. Comm1SS1oner Dahlman said the owners need to take responsibility for being good ne1ghbors in town. When people are drunk they need to stop serving them. Mr. Mayham agreed but asked where 1S the llne drawn that 1t'S just the bar owners problem? He felt the City's Police Department 1S not patrolling enough. Commissioner orsini asked Mr. Mayham 1f 1t would be best to have a police car in front of every bar? Mr. Mayham said his bars are checked all the time. Joe O'Neal * 1300 Coastl1ne, Seal Beach Mr. O'Neal asked the Comm1ss10n how a bUS1ness could succeed if it can only be open to 10:00 p.m. at night? Commissioner Dahlman sa1d the non-food bus1nesses barely made inflation 1n terms of sales growth; they were hit hard by recession. Maybe they couldn't 1ncrease their sales because there was no place to park. . Tom Charara * Seal Beach Bus1nessman's Associat10n President Mr. Charara said Mr. Sesler 1S trying to run a business and most of his bUS1ness comes at n1ght. It's difficult for a Page 18 - Plannmg ConullIsslOn Mmute. of November 4 1992 . . business to succeed if 1t's llmited to being open for certain hours. Mr. Sesler 1S facing that type of decision and it's in the Commiss1on's hands; this is a serious matter for Mr. Sesler. He felt most of those people sitting in the audience live in town, but they don't do business here. Some of them don't care l.f Ma1n Street closes or not. He said "I've talked to a lot of them. They want to see Main Street close at 10:00 p.m.". Mr. Charara said Main Street is the heart of this town and would appreciate serious cons1deration. Chairman Fife said Mr. Charara didn't have the slightest idea how he was going to vote. Mr. Charara sa1d there are not two sides, there is one slde, one c1ty, Seal Beach. Mr. Charara asked Commissioner orsini if he remembered the restaurant he had had in Seal Beach, the struggles he had. He added, "I spoke to you when you owned that restaurant. You wanted to have a beer and wine license, you wanted to have a patio, you faced problems with parking, you seemed to resolve those problems somehow. Well this man is trying to make a decent living". Commissioner Orsin1 said "The hours all conformed with the neighbor and everything was done with the neighbors". Commissioner Orsini asked Mr. Charara asked 1f he would want to extend his hours to be the same as other restaurant's hours if the town got busier? Mr. Charara said his hours are suffic1ent and added "You're trying to Judge this man on the 'ifs' and on the dom1no effect of the whole thing. This man is trY1ng to do some business". He said the retailers are not open past 6:00 p.m. and there 1S park1ng space. He stated he supports Mr. Sesler fully and doesn't think he's asking for anything unreasonable. He said the business community supports Mr. Sesler and there are a few unsupporting residents who are verbal but many residents support Mr. Sesler. Commissioner orsini asked Mr. Charara if SeaSide Grill should be judged by the people who are directly affected by it? Mr. Charara sa1d yes. John Baker * Nip 'n Stuff, Seal Beach Mr. Baker said 1S a th1rty-year Seal Beach res1dent, business owner, past pres1dent of the Businessman's Association. When interviewed for a recent newspaper article he said he wanted Seal Beach to be a place where a family or anyone could walk up and down Ma1n Street and enjoy Ma1n Street in the evening. Due to working hours he and his wife eat later in the evening. Many t1mes they can't go to a Seal Beach restaurant because the restaurants are closed. Many restaurants are open to catch patrons after the theater. He sa1d there are not equal hours on Ma1n Street. He doesn't want th1S city to be like Belmont Shore. He w1shed the retail stores would stay open. He wished the City could leave the holiday tree lights up and on all year but the City says that's not a safe condition. . Commissioner Orsin1 sa1d if the ratio of liquor selling establ1shments in Seal Beach and Belmont Shores is compared, . . . Page 19 - Plannmg COl1U1I1SSlon Mmutes of Novclllb~r 4, 1992 Seal Beach exceeds the Shores by a 3-1 ratio. There are nine restaurant bars 1n the first block of Main Street. Mr. Baker said it's natural to group the restaurants near each other and on Main Street. Joe O'Neal * 1300 Coastl1ne, Seal Beach Mr. 0' Neal asked Comm1ssioner Orsini if he had been to restaurant row 1n Palm Spr1ngs? Commissioner orsini said restaurant row is fine in the dessert and so is Las Vegas because the resident1al areas are not close to the commerc1al. Chairman F1fe asked for a show of audience hands for those persons supporting Mr. Sesler's application tonight; twenty- two (22) persons raised the1r hands. Glen Beasley * 120 Colleqe Park Dr1ve, Seal Beach Mr. Beasley said he has lived 1n Seal Beach since 1942 and has owned three bars - two 1n Orange County and one in L. A. County. The City 1S fac1ng the same problems that many cities have gone through before. The number of people against this applicant don't live 1n an approx1mate area to be complaining about the Ma1n Street area. The opponents don't want to see anybody drink llquor. Commiss1oner Orsin1 said there was a petition circulated and the major1ty of signatures are on 8th Street. 8th Street res1dents have the r1ght to judge th1S. Mr. Beasley said there 1S no one 1n the 100 block of 8th Street that was there when those bars went into business. Those buildings have turned over and over, the people are either renters or new buyers and they buy w1th the full knowledge that the bars are there. Due to local opt1on, the City sets the hours by the CUP process and the State accepts it at th1S point because they don't have the personnel to enforce. He asked "Why should you close down a man that is serving both food and beer and wine and the people right next door to h1m are open to either 1:00 a.m. or 2:00 a.m. And I'm not in favor of closing him. The h1storical hours 1n the State of Cal1fornia have been 6:00 a.m. to 2:00 a.m. It's not up to Seal Beach to disprove or anyth1ng else as far as the jurisdiction goes in the State". Commiss1oner Dahlman said he would 19nore Mr. Beasley's comment about his attitude but admitted he had a burr under his saddle because of his daughter's experience Halloween night. The point is that he lives more than a half mile from the affected area and yet 1t d1rectly affects h1S family. The people many blocks away do have a r1ght to speak on this issue. Mr. Beasley sa1d he llves one block south of Comm1ssioner Dahlman and the biggest danger to him is the Newport-Inglewood Fault. Page 20 - P1anntng COIIUlllSSIOn MUlutes of Novembet 4, 1992 . Tonv Foyer * Rlverbeach, Seal Beach rNo address qiven) Mr. Foyer said he 1 i ved ln Belmont Shore eight years and enjoyed walklng in the area. He would not feel bad about the pollce drivlng along Main Street. He said his crowd is in their 40's and would enjoy a place to drink coffee after 10:00 p.m. He said he was on Main Street on Halloween waiting to go into the Haunted House. He saw a van full of kids pull in from Pacific Coast Highway. He doubted they were in any Seal Beach bar. When they opened their car beer cans fell out and they were noticeably drunk. Since Main Street is open people that are already intoxicated can come In. Their children were also there. They have the same concerns. He addressed Commissloner Dahlman and sald "I think it's unfortunate that you single yourself out with your experience about your family. We all have the same concerns. But I don't think that those indlvldual concerns should stop a man from being open an additional hour ...". commissioner Dahlman said hlS practice is to look at the impact on the neighbors, the interface between the particular use being applled for and it's impact on the neighbors. . Steve Solberq * Seal Beach buslnessman rNo address given] Mr. Solberg sald he is a local businessman and is irate. He asked if this lS an impartial Planning Commlssion? Chairman Fife said "Yes. You don't have the slightest idea how I'm inclined to vote so don't judge me". Mr. Solberg said he was not judging Commlssioner Fife but there were a few Commissioners he could Judge just from sitting home watching television. commissioner Dahlman responded "I'm probably guilty of appearing to have my mind already made up. And I have previously made it a matter of record what my personal opinion is on what the hours ought to be. And I have also stated that I am not here to vote my personal opinions. I am here to take testlmony and that's what I mean to do. When I ask questions of somebody who makes a statement it's trYlng to ascertain the truth. I may VOlce some of my own concerns in the process but what I'm really trying to find out is, you know, where does the truth lie. And I have to take testimony and evaluate the evidence just like everybody else here. And my vote depends on that. It doesn't depend on my own personal opinion or prejudice to the extent I can possibly divorce myself from it". . commissioner Orsini sald that because it's his District he probably has the most contact with area residents and gets many calls at home. He said he was swayed by the residents. He belleves ln what they want. He goes to Clancy's late at night and shoots pool with his neighbors. He walks the Page 21 - PlalUUlIg COmllllSSIOII Mmute' of November 4, 1992 . streets every night. He 1S not in favor of women walking alone at n1ght. Mr. Solberg's question was is the Planning Comm1ssion 1mpartial. Commiss1oner Orsin1 sa1d a two years ago he made a stand that restaurant hours should be restricted. Everyone knows his stand. If that's 1mpartial then he is impart1al. He has not changed. Mr. Solberg said that 1f a patron is in SeaSide Gr111 and it closes, he will walk over to Clancy's. So what is proved by closing SeaSide Gr111? Comm1SS1oner Orsini sa1d if there are now f1ve places open where they can go why do they need more? Mr. Solberg sa1d SeaS1de Gr111 is a restaurant and Clancy's doesn't have food. Shut down the bars and not the restaurants. Kristen Stanqland * 6th St./Ocean Ave., Seal Beach Ms. Stangland sa1d women walking anywhere alone are 1n danger but she walks along 1n Seal Beach and feels safe. The frequents SeaS1de Grill and it's fam1ly or1ented. . Steven Meier * Clancy's, Seal Beach Mr. Meier sa1d he doesn't condone publ1C drunkenness. All his employees, to reta1n the1r employment at Clancy's, are required to attend the ABC LEAD program. H1S customers make his living and he wants them to be safe. Restaurant and bar owners are not 1n the business to over serve people or to have them cause problems for the people who do live here. If there was anything they could do to prevent people from urinating on other people's property they would. . RECESS Chairman Fife called a recess from 10:00 p.m. to 10:15 p.m. Mitzie Morton * 153 13th Street, Seal Beach Ms. Morton spoke in oppos1tion to this application, saying the question was not one hour. The applicant 1S only four months into his twelve month probation. She said about ten Ocean Avenue res1dents wrote 1n oppos1tion. She hoped the Comm1ssion would dec1de what const1tutes a closing hour. She called ABC and found the ABC placed restr1ctions on SeaSide Grill because he falls under the1r Rules 61.3 and 61.4. He agreed to the ABC cond1t1ons by slgning a statement to this. She said Belmonte's restaurant 1n Belmont Shores has about fifteen ABC restr1ct1ons and one mandates serving alcohol only in conjunct1on w1thjas part of a bona f1de meal. SeaSide Grill is open now fifteen hours per day. Perhaps the $2500 rent is too high. If so, th1S 1S not the residents' fault. The residents should not have to suffer to bailout a bad business decision. She suggested Mr. Sesler approach his landlord for a temporary rent reduction. She referenced Old Town Cafe Wh1Ch is open only for breakfast and lunch and they Page 22 - Plannmg CoomllsslOn Mmules of November 4, 1992 . appear to be dOlng flne. objection to hlS staYlng week ... I was one of the and I stlll hold to that. prove it I hope he conditions". She sald "I don't think we have open to 11:00 p.m. throughout the people who said he was in violation I have the proof, if I need to, to wlll no longer violate the ABC's David Rosenmann * 208 8th Street, Seal Beach He asked the Planning Commission Mlnutes of October 7, 1992 be corrected at page 9 from " drlnking hole" to "drinking village" . He dlsagreed with the Cl ty Attorney's comments This property has increased up from a take-out pizza parlor. This is a cumulative lmpact. We're at the point we need environmental impact statements to identify problems and mitigation measures and gUldellnes. . Charles Antos * 328 17th Street, Seal Beach Mr. Antos sald when a restaurant was flrst established at 101 Main Street it was a walk-upjtake-out establishment. Later on tables were added without Cl ty approval. Later an application was approved for alcohol. These were different operators. This is now a request for expanded hours. The way the use has grown is a cumulative lmpact. When the buildlng was built there were many vacant lots ln town. Since that time buildlngs have been added. No one has done an environmental assessment. More food and alcohol uses have been added. The City went through a revitalization study a few years ago and this was sort-of adopted. The City then chose what parts of that study they wanted to lmplement again wi th no envlronmental assessment. All of these are cumulative impacts. ThlS has now corne to rest on this applicant. The City decision makers are at fault for not putting this together in an EIR or assessment for the whole Main Street area. If there wasn't an environmental effect the City would not have created in-lleu parking. Each business wishing to expand gets hlt with a cost per parklng space they don't have on slte. This effects all the businesses. Another cumulative effect is businesses requesting to modlfy their hours. That's not modified down - lt' s to expand. It's up to the City government to take responsibility for this, generate an EIR, have a full Public Hearing and then corne up with mitigation measures. Then, this won It happen each time an applicant comes forward. Commissioner Dahlman asked Mr. Antos if he wanted a Specific Plan for Main Street? Mr. Antos sald the City should look at the latest eXlsting Speciflc Plan, find out what has changed and examine it for environmental impacts. . Bill Avers * 707 Central Avenue, Seal Beach Mr. Ayres talked about envlronmental concerns, market saturation, control of excessive drinking and the attitude Page 23 - PlaIllllng COmIlll""lOn Mmute. of November 4, 1992 . that the concerns of certa1n businesses come before the citizens of Seal Beach. He discussed market saturation as a bell-shaped curve. BUS1ness establishments keep being added until you reach the top, a plateau, and then you start down the other slde. During a recession the plateau is quickly reached. He felt the C1ty has reached the market saturation today because testimony has been given of businesses who are having hard t1mes, who can't make their rents. This happens in all markets. Regarding control of excessive drinking, he noted Angel Stadium 1n Anaheim cuts off drinking in the third quarter of a game. They serve only lite beer, their alcohol prices are high (mak1ng it economically unfeasible to have too many drinks) and the have police allover. The City should take note of th1S. Regarding att1tudes, he noted the owner of Noel's restaurant who works closely with his area residents. We are concerned with our life style. Norma Strohmeyer * Seal Beach rNo address q1venl She said Clancy's and the Irisher have her unsolicited support because they d1d not apply under the false pretense of being a restaurant. She has not and will not attend certain events on Main Street because "you have to slip and slide through the slime on Main Street to take your kids to watch a parade on Main Street" and "... the worst is yet to come". . Gail Olsen * 707 Central Avenue, Seal Beach Ms. Olsen asked Commissioners F1fe and Law if they watched the video tape of the October 7, 1992 Commission meeting? She requested they do reV1ew the tape because there were a lot of people in the audience October 7th that aren't here tonight. Julianna McCants * 1000 Electric Avenue, Seal Beach Ms. McCants spoke for protect1ng the integrity of Seal Beach. She said there are eleven city-sponsored events in Seal Beach and many local res1dents she knows have to leave town because they can't f1nd a place to park. This 1S bending over backwards to help the C1 ty. She urged the applicant to complete his probationary period before requesting his hours be extended. Roqer West * 1201 "A". Electr1c Avenue. Seal Beach Mr. West, a twenty-five year C1ty resident, said those who destroy what's most valuable in Seal Beach don't do it a little at a time. He suggested the C1ty raise license fees, saying the C1ty of Los Angeles' fee is $3,000 non-refundable. . Gordon Shanks * Mr. Shanks said against "them", merchants should City res1dents. 215 Surf Place. Seal Beach the worst thlng about this issue 1S the "us" instead of working together. He felt the be interested in keep on the good side of the He said Mr. Sesler's ABC application states Page 24 - Plnnnmg COllUlllSSIOn Mmute~ or November 4, 1992 . "The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and meals during the same period". All along this was seen as a delicatessen-restaurant that would serve beer and W1ne. He asked if anyone has established if SeaSide Gr1ll 1S w1thin those limitations? He felt the residents want another del1catessen, but it appears that the City is turn1ng a delicatessen into a beer bar. Reva Olsen * Seal Beach rNo address givenl Said her concern was the 1ntens1fication of use without an EIR. She felt the City has been v10lating the law. She said "There are other people in town who have been consulting with attorneys recently. Some very good legal advice does not agree w1th the little man sitt1ng over there. He likes lawsuits...". In 1986 Bob Cook told the City its Housing Element and General Plan were not up to date. We were v10lating our zon1ng laws. We were in v1olation with the permits we were glv1ng. She sa1d "We know the litigation we're in r1ght now is either because we had a blatant abuse of the law or we had bad legal adv1ce". She recommended reading the February 5th M1nutes when Hennessey's went in and see the double talk the City got from our lawyer. She sa1d she was very concerned about the llt1gat1on in Seal Beach. . Bruce Stark * Seal Beach rNo address givenl Mr. Stark sa1d the City has ten or eleven liquor establishments in one block and that would cause problems. He noted Mr. Sesler's comment that he was operating at a disadvantage because he has to close at 10: 00 p. m. and suggested an equ1 table solution would be to shut down all restaurants at 10:00 p.m. Mr. Stark sa1d every time there is an event (pancake breakfast, sandcastle contest, old car shows) the City attracts an inordinate number of drunks. He lives e1ght blocks from Main Street and he has to clean up his front yard from th1S. He thought businessmen should be conscious of their public 1mage. There is a need for an EIR to show where we're going with an over-abundance of liquor licenses in a small area must be ser10usly examined. Mr. Sesler is tak1ng the brunt but is not the cause of the past offenses. It's the prol1ferat1on of liquor llcenses granted by the City are causing the serious and offens1ve problems. If the City doesn't want to prepare an EIR, he suggested police must be d1spatched to p1ck up the drunks. He suggested denial of th1S applicat10n and if possible reduce the hours of all liquor sell1ng establ1shments to 10:00 p.m. and get an EIR to determine what is appropr1ate. . REBUTTAL COMMENTS - Ron Sesler Mr. Sesler said he felt progress has been made and was please to hear opponents speak of how things can be worked out. On the 1ssue of h1S food he sa1d 1f h1S opponents had come down and objectively had a dinner or lunch he didn't think they . . . Page 25 - Plannmg COl\ll1l1SSIOn MUlute. of November 4, 1992 would have protested the amount of food or the way he served his food. He serves over a ton of chicken per month. He said he was sorry the Clty has had a lot of problems but a lot of them can't be blamed on restaurants. Many people come to visit Southern California beaches by the thousands on a daily baS1S to enJoy what we llve in every day. He asked the Commission to take that lnto consideration and not jeopardize the buslnessmen. Chairman Flfe asked Mr. Sesler when is his last call? Mr. Sesler sald he closes at 10:00 Sunday - Thursday and 11:00 p.m. Friday and Saturday. Mr. Sesler said "We've moved it back to quarter after or 10:30 p.m. because there's no way, after we're being subject to scrutlny --- which the people were correct, I dldn' t know I was in vlolation. I was allowing people to continue to eat and drlnk if they had came in --- now at this point we shut down early. So, 30-40 minutes we stop servlng, let them continue, finish up, take their containers, and that's It. Effectively I'm open to 9:30 p.m.". If the hours went to open, his last call for ordering food would be 10:30 p.m. and the last call for a beer would be fifteen minutes. The objective would be to clear the restaurant out at closlng tlme. Chairman Flfe asked if there were possible ways to reduce clean up nOlse? Mr. Sesler said he thinks he lS a good nelghbor, he polices the area for debris. commissioner Sharp clarified the ABC's appllcatlon permit the sale of alcohol in SeaSide Grlll from 8:00 a.m. to 11:00 p.m. daily. Mr. Whittenberg sald the City's hours are more restrictlve and the applicant must follow the Clty hours. MOTION by Dahlman; SECOND by Sharp to correct the October 7, 1992 Minutes as suggested by Mr. Rosenmann. MOTION CARRIED: AYES: ABSTAIN: 4 - 0 - 1 Dahlman, Sharp, Law, Orsini Fife Mr. Whittenberg entered the followlng correspondence for the Record [Attached]: telephone messages from David Gaylord, Scott Johnson and Eddy Lldoff, and letters from Pastor Shoemaker of Grace Communlty Church, and Georgiana Brown of 14th Street. Commission Comments Mr. Whittenberg recapitulated the request before the Commission. Commissloner Dahlman said the lssue of an EIR is important, not just for this one appllcation but for the many appllcations re hours modificatlons to come. Together thls Page 26 - P1annmg COIlUllISSJOn MUlUlc' of Novemb~1 4, 1992 . would constitute an environmental impact. He suggested askJ.ng the City Council for direction. If they agree, proceed with an EIR. There should be a standard to work toward. He said he regretted hav1ng this applicant subJected to hours to which his competit1on 1S not subject. In this case, most of the similar establishments have the same hours he has. His recommendation was to go along with the staff report and deny the request for the additional hour and separately recommend to the City Council hav1ng the Planning Commission launch an EIR w1th the goal to having a level playing field. commissioner Sharp said an EIR m1ght be needed if all of Main Street, Rossmoor Center, Pacific Coast Highway were considered. He said he did not bel1eve the extens10n of one hour at SeaSide Grill would impact the C1ty or the people enough for the Comm1ssion to have the right to deny it. The applicant has done everything he can to get along J.n the neighborhood. . commissioner Orsin1 commented on Commissioner Sharp's statement on the impact on the Old Town residents. He said at one time Le1sure World was compla1ning about flights over their area and noise during the day, and yet Old Town can put up with n01se at n1ght. He noted this 1S the first time the Commission has rece1ved a letter from a church objecting to a liquor license; this is unusual. If an applicant applies to ABC for a 11quor 11cense and a church complains the applicant will have trouble getting a 11cense. He indicated he received a statement from Le Roy Brown Wh1Ch said the parking lot behind SeaS1de Gr111 1S rented out on busy days. That parking lot is to be used for the bus1nesses 1n that building. The spaces are rented out and are leased for all day. Commiss1oner Law said 1f this one hour extension is granted the city should be prepared for everyone of the restaurants to request the same thing. She didn't think the one-hour extens10n would be bad. If you want the town to stay open to 11:00 p.m. that's what this 1nvolves. Mr. Wh1ttenberg said there are seven establishments on the Main Street corr1dor Wh1Ch are restricted to a 10: 00 p. m. closing time on some nights 1f not all. Don Juan's Taco is requ1red to close at 9:00 p.m. . Comm1ss1oner Orsin1 asked if all establishments should be open to 11:00 p.m.? Commiss1oner Sharp said he felt that would be all right, there are some open to 2:00 a.m. serving alcohol. A legitimate restaurant should not be restricted to closing at 10:00 p.m. Commiss1oner Orsin1 said "Everything is right to a person that doesn't live 1n the area ... when I'm safe and secure in Le1sure World what goes on outside those gates why should I worry about it because I'm not going to be impacted Page 27 - Plannmg COIIUlllS'JOn Mlllutes of Novelllb~r 4 1992 . by 1t. noise. complain area, do I'm as safe as I can be behind those gates. I have no I have no problems. A plane goes by and I'm going to about 1.t ...". There are five open in a one block you need twelve open in a one block area? . Chairman Fife sa1.d the central issue is the now-developing problem of reaching a reasonable accommodation between the legitimate needs of the businessman and the legitimate needs of the res1dents. This 1S a unique situation -- a commercial area backs up to a residential street. He said he was not incl1ned to th1.nk th1S restaurant staying open to 11:00 p.m. would that negatively 1mpact the nearby residents. He would not feel the same way 1f the applicat1.on was for a 1:00 a.m. closing. He was not 1.nclined, as a pattern, to f1nd that these incremental extenS1.ons of hours or additions of more restaurants serving alcohol on Ma1.n street are one-by-one-by- one are not g01.ng to lead to a cumulat1ve adverse environmental 1.mpact on the town. As yet there is no procedure to identify what 1S the env1.ronment we're trying to achieve on Main street and how is the process to be followed to identify whether someone 1.S negatively 1mpacting it? He was not inclined to reqU1.re a full EIR for th1.s appl1cation because there has not been enough advanced warning. But he d1d feel this part1.cular application 1dentified the need for that kind of process in the future. He did not think the general zoning and General Plan were sufficient for an area such as Main street res1.dential/commercial area. It's a unique comb1.nation of potentially conflict1ng uses. An environmental report and process should be developed on how to deal with the future of Ma1n street and the 1nevitable conflicts between the commerc1.al uses and the residences. He was not prepared to say that just because he does something for one person he does 1.t for all. All the restaurants on Main street are ind1.vidually s1.tuated. Some restaurants are located closer to residences than others. Those that are closer are g01.ng to have a tougher time than those that are further away. The object is to minimize and reach some reasonable accommodat1.on between the conflict between the res1dents leg1.timate right to get some decent sleep and not be unduly disturbed 1.n the enJoyment of his property and the commercial bus1.nessman's r1.ght to make a decent prof1t and enjoy as much benef1t of the State law as possible. He was 1nclined to approve th1.s appl1.cat1.on, to instruct the Director of Development Services to immed1.ately start the process of prepar1ng an Env1ronmental Impact analysis and development of procedures for studY1.ng the cumulative effect of expanded hours of all k1.nds of bus1.nesses on Main Street, ident1fy the considerations wh1.ch 1.mpact the environment, rang1ng from parking hours, inadequate police protection that deal with badly behav1ng customers, trash p1.ckup noise, off-street parking on res1dent1.al streets. What are the parameters to be considered so this can be approached on a process approach . Page 28 - P1annmg COnUlm"On Mmute' of November 4, 1992 . rather than an emot1onal issue and popularity? He said "You will never get any sense of fairness from anyone if you basically Just start the rules up and 1nvent the rules for each appl1cation. People should be able to know pretty much from 100k1ng at our procedure, what you're gOlng to run up again, what are the problems you've got to deal with and address". . commissioner orsini said the SeaSide Gr111 is within fifteen feet of the closest resident1al structure. This is measured lot to lot. Chairman Fife said his point was this issue would not be resolved by a certa1n number of feet from a certain structure but by the degree of disturbance caused. The question is, how much of an 1mpact is the commercial operation making on the res1dences? If 1t's 1ntolerable, the commercial operation will have to adjust. It's a quest10n of being neighborly in a congested enV1ronment. Comm1ssioner Orsini said he felt Taco Surf restaurant would be the next application for extended hours and asked what criteria would be used to approve or deny that extens1on? Commissioner Sharp indicated the Plann1ng Comm1ssion has always judged each application in its own merits. commissioner orsini challenged that statement, saY1ng he had heard Comm1ss1oner Sharp say the Comnussion has approved slmilar 1tems 1n the past so why aren't we approv1ng them now? And, that they should continue to be approved until the ordinance is changed. Chairman Fife said there will be other appl1cat1ons and right now there is no process or procedure to 1dentify the potent1al cumulative effect or to alert anyone on the operat1ng rules. Commissioner orsini sa1d this bus1ness has only been open four months --- probably the newest restaurant. Cha1rman Fife said the current applicat10n 1S for the hours ABC approved, to 11:00 p.m. Cha1rman F1fe sa1d he would not have voted to approve the request for 1:00 a.m. Commissioner Orsini said a review of the Minutes would show one or two other applicants were denied 11:00 p.m. closings. commissioner Dahlman said during the last two years CUPs for ABC #41 licenses had their hours set at 10:00 p.m. week-days and 11:00 p.m. week-ends as a standard pract1ce. He disagreed strongly with commissioner Sharp, saying th1S application should not be looked at in a vacuum because that wouldn't be planning, 1t wouldn't be looking at the cumulative 1mpacts. There must be a workable plan that leads to order versus 1nequity. If one business is open 15 hours and another bUS1ness is open 16 hours, that's a 6% increased opportunlty for volume. If the person with the extra opportun1ty reduces h1S prices (because he has the extra volume) he could put the other person out of business, and this is an 1ssue of equlty. He added there should not be a very d1fferent set of rules for a bus1ness with1n 15 feet of a residence compared to a bus1ness 100 or 200 feet from a residence. Comm1ss1oner Law asked 1f the City Council could determine the open1ng and clos1ng hours. Comm1ssioner Dahlman . Page 29 - Plannmg COIlUllI..100 Mmulc, of Novemher 4, 1992 . recommended that a moratorlum be placed on this kind of application until the EIR is done and also, to consider whether elections are needed to set the closing hours. He added the ldea to hold electlons should be deferred until a later tlme. Chairman Flfe agreed on the moratorium idea, saying that in the process of a particular application, the Commission focuses on ldentifying a problem to a point where they realize something more broad based must be done about that problem. The best thing to do 1S put a stop on everything untll the Commisslon figures out what it's going to do. commissioner Dahlman said a moratorium is the city Council's decision and the Commission should make a recommendation. Mr. Colantuono said the choice is not between a categorical exemptlon and an EIR. You can't determine an EIR is needed untll an Initlal study is done. The choice is between a categorical exemption and an Inltial study. He said he would be very surprlsed if staff found an EIR was needed, it costs many thousands of dollars to complete and takes about six to twelve months to complete, when what was at stake is one hour of use. Secondly, it should not be understood that the Cl ty has not done plannlng. The Cl ty has a Land Use Element adopted ln 1974 and amended periodically since. The Cl ty has a zoning ordinance which addresses these issues. These state a POllCY that uses such as this ought to be conditionally permitted. Rather than having a standard set of hours that are imposed by ordlnance on everyone, we require a Conditional Use Process and do it on a case-by-case basis. That mayor may not be good public POllCY and the Commission mayor may not agree with It. It's the Commission's responsibility to declde this case and cases like it and to advise the City Councll lf you think the rules need changing. Chairman Fife said he dld not see anything wrong with approachlng thlS applicatlon under the CUP process but th1nks the Commisslon needs to identlfy the factors that need to go 1nto the analysls, how they should be weighted, compared off aga1nst each other, better than the Commission has. Adding, "Homeowners should not feel that they dare not miss a meeting of the Plannlng Commission or something disastrous might happen. They should be confident that we have a set of principles and we're applying them to every appllcant". Mr. Colantuono sald the municipal Code standards for reviewing CUPs are legally adequate but leaves a lot of discretion. If it's consistent with the General Plan and the Commisslon can f1nd that neighborhood lncompatlbilities are addressed in the CUP process, the Commisslon can grant the permlt. The Plann1ng commission lS withln the law to say that, as a body working together wlth the communlty, it wants to develop clearer, more preclse standards to gUlde the exercise of the Commisslon's discretion, as long as the Commlssion stays within the broad parameters of the CUP process as 1t'S written in the Cl ty' s zoning ordinance. Chairman Fife sa1d the Commission has no mechanism to address the cumulative issue. . . . . . Page 30 - Plannmg COmollsslon Mmule. of Novembel 4, 1992 MOTION by Dahlman; SECOND by to recommend to the City council regarding the preparation of an Initial Study and any following environmental documents that would be appropriate. MOTION FAILS FOR LACK OF A SECOND. *** MOTION by Dahlman; SECOND by orsini to recommend denial of Conditional Use Permit #92-2, a request to extend its operating hours to 11:00 p.m. daily. MOTION FAILS: AYES: NOES: 2 - 0 - 3 Dahlman, Orsini Fife, Sharp, Law *** MOTION by Sharp; SECOND by Law to approve Conditional Use Permit #92-2, through the adoption of Resolution No. 92-30, a request to extend the operating hours of SeaSide Grill to 11:00 p.m. daily. And imposition of a condition that the last call for ordering of alcohol be not later than ten minutes before closing (10:50 p.m.) and that food be served up to at least one-half hour before closing (10:30 p.m.) and that all patrons be out of the restaurant one-half hour after closing time (11:30 p.m.). Commissioner orslni asked, before the vote, lf the applicant allows patrons to remain in the SeaSide Grill past 11:30 p.m. CUP #92-2 be revoked? Director Whittenberg said to revoke a CUP a PubllC Hearlng must be held, with a Notice. Commissioner OrSlnl asked if a fine could be imposed? Mr. Colantuono sald a condition could be imposed on the permit stating that closing at 11:00 p.m. means no patrons are to be in the premises at 11:01 p.m. Then he would be in violation of the CUP. Chairman Flfe sald that lt's up to Commissioner Sharp to deClde if this will become part of his motion but he would not support such a motion. Commissloner Sharp said he would support an addi tlonal condi tlon belng placed to the effect the applicant not take any serVlce of food after 10:30 p.m. If a person has a drink ln front of hlm at 11:00 p.m. he would be allowed to flnish it. Chairman Fife said he would support a motlon that included a requirement that last call for ordering of alcohol be not later than ten minutes before closing (10:50 p.m.) and that food be served up to least one-half hour before closing (10:30 p.m.) and that all patrons be out of the restaurant one-half hour after closing time (11:30 p.m.). CommlSSloner Sharp said he would include that verbiage ln hlS Motion. . . . Page 31 - P1annmg COIIUlmSlO1I MlIlute, of November 4 1'192 MOTION CARRIED: AYES: NOES: 3 - 0 - 2 Sharp, Law, Fife Dahlman, Orsini *** Comments were made by Mltzie Morton which were not on audio tape. She commented that the applicant has already violated the ABC's conditions. Chairman Fife commented that the Planning Commisslon cannot overrlde the ABC. If the applicant violates the ABC's rules he has big problems of his own making. He suggested Ms. Morton send her proof to ABC for their consideration. Commissioner Dahlman said facts were been presented at a previous Planning Commission meeting that this applicant was in violatlon of his CUP up until now. "I don't understand how you would even consider extending hlS hours". Chairman Fife said the reason he would conslder lt lS the ABC has not made a finding to that effect. When they make a flndlng they've got a problem. CommlSSloner OrSlnl said "It's easy to extend when you don't llve by It''. Commlssioner Flfe sald "I cut an exception for the fact that this is a restaurant and I expect it to continue to operate as a restaurant and not as a restaurant tlll 9:00 p.m. and a bar from thereon. So I want food potentially orderable up untll 10:30 p.m. That's enough time for them to prepare the order, serve the customer and the customer stlll be out of there by 11:30 p.m.". MOTION by Dahlman; SECOND by Fife for the Planning Commission to request the City Council consideration for staff preparation of an Initial Study regarding intensification of land uses along the Main Street commercial corridor between Pacific Coast Highway and the ocean and to consider the establishment of a moratorium for intensification of uses on that same study area during the period of time of the preparation and consideration of the Initial Study. MOTION CARRIES: AYES: 5 - 0 - 0 Dahlman, Fife, orsini, Law, Sharp Chairman Fife stated appeal rights, lndicatlng any decision of the Plannlng Commlssion lS appealable, by any interested person, to the City Councll. Davld Rosenmann * Seal Beach Mr. Rosenmann asked the motlon include the cumulative impact of these decislons. Mr. Colantuono said the Inltial Study would address that point. *** Page 32 - Pl.1nnmg COIIUll1SSlOn Mmule, of Novelllb, r 4 1992 . 9. Conditional Use operation: Address: Applicant: Property Owner: Request: Resolution: Permit #92-13 Restaurant Papillon 143 Main street Nader Tahvildari Dorothy Nescher Entertainment permit. #92-48 staff Report . Director Whittenberg asked the Planning commission if he should present the staff report or wait for the results of the possible morator1um and Initial study? Commissioner Sharp asked if the Comm1SS1on could hold th1S applicatlon since it was already subm1 tted before the Comm1ss1on' s declsion on SeaSide Grill? Mr. Wh1 ttenberg said th1S matter could be tabled with the understanding that provisions of the Permit Streaml1n1ng Act Wh1Ch apply to the appl1cation. There 1S SlX (6) month window in which the City needs to make a determinat10n on the application unless an extension is granted by the applicant. If no decision 1S made in that SlX months the applicat10n is automat1cally approved. The Commission could re-agendize this appl1cation at some time prior to the SlX months exp1ration date and make a decision to approve/deny at that p01nt. The Commiss1on has the rlght to seek the applicant's opin1on but the ultimate dec1sion is up the the Planning Comm1SS1on. Mr. Tahvildari sa1d he wished to go forward because it could not be determ1ned how long it would take to do the Initial Study etc. Mr. curtis presented the staff report. [Staff report on f1le in the Planning Department]. The applicant, Nader Tahvildari, requested the establishment of an entertainment cafe at an eX1sting restaurant, Pap1llon' s. The appl1cant wants to provide a slngle, non-ampl1f1ed musician. This will be either a p1anist, v1olin1st or harp1st during the even1ng hours. For the Record, Mr. curtis presented letters from the applicant explain1ng his views, a letter in opposition from Georgiana Brown, a note from Mrs. Ross McGuire 1n favor of this request. Also, the Commission has been provided a petition w1th approximately 401 slgnatures in favor of the application by the applicant. Commission Comments . Comm1ss1oner orsini asked Mr. Colantuono if the entertalnment privileges could be revoked at any time according to the Page 33 - Plannmg COllUmSSIOll Mmute. of November 4, 1992 . cond1tion 1n the staff report? Cha1rman F1fe sa1d it would be pursuant to a Noticed Public Hear1ng. . Mr. Colantuono sa1d there are two issues. One, you must give due process to the applicant before you deny a property right. Second, 1f the Comm1ssion chooses to revoke entertainment privileges in the absence of a violation the City would have to demonstrate the applicant had not made any significant investment in terms of putting 1n a sound system, building a stage. When people invest and spend money in reasonable reliance on a permit they have a vested property right. A vested property r1ght constra1ns d1scretion more than an ordinary perm1 t. If 1 t' s the Commission's intention to reserve the power to revoke enterta1nment pr1vileges at any time, whether or not there's a violation of the cond1tions, it's useful to put that ln the conditions because it puts the applicant on notice that lt's not reasonable for him to make serious flnancial lnvestments. Secondly, if the Commission interprets the condition to require a v1olation, there's still a Notice function, remlnding h1m that he and h1S employees do have to comply with thlS permit. As soon as you make a finding, unless you alter that condit1on at the Public Hearing, it tells the applicant in advance what the C1ty intends its penalt1es to be. He sa1d "But you won't be bound by them. You could revoke the permit for a vlolation if you chose". As soon as the City shows an applicant has violated the terms of his permlt, the City can revoke the permit at that time. Commiss1oner Dahlman said the key to enforcement is to have a coherent policy that's the same for everyone. Commissioner orsini said there is entertainment every Wednesday night at Hennessey's; lt'S advert1sed as Keroki in the newspaper. He sald his fear is control and enforcement of the entertainment. Public Hearing Chairman Fife opened the Public Hearing. . Barbara Tahvlldarl * 143 Maln st., PaP1llon's, Seal Beach Mrs. Tahvildari introduced herself as the owner of Papillon's restaurant. She stated their proposal is in the best interests of the cltizens of Seal Beach. Approval of CUP #92- 13 would allow Paplllon's to make a last1ng cultural contributlon to the community. She said the music wlll not be loud, it will be soft and a low declbel level. It will be classical music WhlCh 1S soothing. She felt the staff report conditions of approval are satisfactory. Addressing possible concerns to entertainment, Ms. Tahvildari sa1d she has been in business in Seal Beach for 10~ years, 3~ at 143 Main Street. She has established a respectable reputation. Papillon's is . . . Page 34 - Planmng ConullJs~lon Mmute1. of Novembe, 4, 1992 an upscale restaurant and she has respectable Seal Beach patrons. The1r park1ng is an adjacent parking lot which is shared w1th John's Food King market; the market closes at 8:00 p.m. Past exper1ences wlth entertainment were not good experiences but the enterta1nment she is requesting should not be condemned before its presented. Chairman F1fe asked 1f she was planning to build a stage? She said no. The entertainment will be in the middle of the restaurant to be suitable to both restaurant and bar sections. commissioner orsini asked if the 11:00 p.m. closing time was alright? Mrs. Tahvildari said she would prefer 11:30 p.m. but was willing to compromise. Chairman Flfe asked 1f she would be agreeable to 11:00 p.m. closing to begin wlth and poss1bly changing 1t to 11:30 p.m. on the first rev1ew? Mrs. Tahvildar1 said that would be excellent. commissioner Dahlman said the Clty 1S trying to come up with an enterta1nment police. Mrs. Tahvlldari said she understood that. He suggested there may be a policy change between this time and her reV1ew perlods. Walter Babcock * Walt's Wharf, 201 Ma1n st., Seal Beach Mr. Babcock reminded the Commission that e1ght years ago the CUP processes worked. A permit at Walt's Wharf was revoked for non-compliance. He favored approval of this application. Tom Charara * Presldent. Seal Beach Businessmen's Assoc. Mr. Charara urged approval of this applicat1on. He said this form of entertainment w1ll enhance the community and a pianist would be wonderful on Ma1n Street as opposed to any other form of entertainment. He favored approval. John Baker * (No address qivenl Mr. Baker urged approval of the enterta1nment. many people about entertainment at Papillon's and a piano or harplst would be good. He spoke to they thought Ron Sesler * SeaSide Gr1ll, Maln Street, Seal Beach Mr. Sesler urged approval. He said the owners are hard workers and the entertainment w1ll be welcome addltion to Seal Beach. He thought the patrons should be allowed to sing around a piano bar and felt w1thout a microphone it wouldn't get out of control. Sol John * 330 12th st., Seal Beach Mr. John sald he would like to see the city get together. He felt the ABC hours of 6:00 a.m. to 2:00 a.m. would be alr1ght. Page 35 - Plannmg ComnllSSlon Mmute. of November 4, 1992 . lilt would be llke the old days ... let them dance ... we've got a nice town here ... let them have good times". Nader Tahvildari * 143 Maln st.. Seal Beach Mr. Tahvlldarl sald he would like permission to answer questions durlng the opposlng comments. Chalrman Fife said he couldn't do that, that isn't the procedure the Commission follows. It would be best to make notes for the rebuttal time. David Rosenmann * Seal Beach rNo address qiven) Mr. Rosenmann said the City heard the Renaissance Cafe application. At that Public Hearing the need for an entertainment ordlnance was self-evident. It lS premature and inappropriate to do anythlng now. He felt the budget crisis the Clty Manager dldn't get the new ZTA to the Commission. Also, the City's enforcement II ... lsn't worth the paper it's written on, lt has never worked, lt won't work ...". This is an intenslflcation of use and the Clty is still lacking an EIR and the Clty's deflclent under CEQA. . Gordon Shanks * 215 Surf. Seal Beach Mr. Shanks urged the Commisslon to wai t until the entertainment ordlnance is finalized. Addresslng the community's anxiety on entertalnment, he said this application was presented as a piano or a vlolin in a first class continental restaurant being played durlng dinner hours. Everyone would like this. Then one speaker testifies and in his mind it's a plano bar. If you're not clear there could be problems. Gail Olsen * 707 Central Avenue, Seal Beach Mrs. Olsen spoke in opposition and sald her main concern is the cumulative impacts on the town. All the other establishments will want entertainment. They will feel this is going to enhance their business and bring people into Seal Beach. She llves beyond the 300' Notice boundaries but the patrons of Paplllon's and Walt's Wharf park in front of their house conslstently. Even with double paned glass they still get the nOlse of the cars and the people talking. Her tenants are her buslness and she may have trouble keeping her tenants. She urged the Commlsslon to look at the long term effects. . Commissioner Dahlman asked CommlSSloner Sharp for his thoughts on this testimony because he had remarked you cannot approve one application in the context of the next several applications. Who's right? CommlSSloner Sharp said he would reply but not durlng the PubllC Hearlng. Chairman Fife commented that he plans to consider the cumulative impacts of all declslons regarding modlfications of use on Main street and that's what he wants the Initial Study to address. Page 36 - Plannmg COmnllSSlOn Mmute. of November 4, 1992 . Dianne Waqner * 210 4th street, Seal Beach Ms. Wagner spoke in favor of thlS applicatlon, saying she gets home at 7:00 p.m. after a long commute from Los Angeles and likes to eat out. She feels the entertainment would be a true asset. . Mitzie Morton * Seal Beach Mrs. Morton spoke in opposition to this entertainment application. She stated she likes Papillon's and the Tahvildari's and she was troubled by having to speak out against entertainment. She stated background music for dining would be lovely but, historically, an application is presented one way during its inception and as time goes on it becomes something else, usually worse. She asked Mr. Whittenberg asked if this was advertlsed as a Public Hearing? Mr. Whittenberg explained the City send all the Public Notices to the Seal Beach Journal but the Journal did not publish them for the Agenda. The munlclpal Code does not requlre publicatlon of Notlces for CUPs in the paper. All of the Public Hearlngs for thlS meeting were posted at three locations ln the City WhlCh lS an alternate to publicatlon in the newspaper. Publlcatlon in a newspaper are only required for Zone Changes, Specific Plans, General Plan amendments and Zone Text Amendments. The SeaSlde Grill's Notice was publlshed in the Journal because lt was carried forward from a previous meeting and was, ln fact, lncorrectly publlshed. Mrs. Morton sald ABC placed condltions on Mr. Tahvildari's application and said there will be no entertainment. She noted Old Town is a high crime area with 60% of all crimes and arrests for 1991 belng in Old Town. There were 1,138 reported crimes and arrests in Old Town versus 891 throughout the rest of the Clty. Paplllon's has piped in mUS1C which is enjoyable. She noted Mr. Tahvildarl moved Papillon's bar from the rear of the restaurant to the front of the restaurant without Plannlng CommlSSlon review. She said this has brought in more bar buslness, it brought ln more bar business and helped him compete with Walt's Wharf and Hennessey's. There's no objection to that but now he wants entertainment for this area. The residents fear Hennessey's and others will ask for entertainment and which could become a 1:00 a.m. entertalnment center on Maln Street -- thls would be a nlghtmare for close by resldents. She requested the commission deny this request without preJudice. She urged getting the entertainment ordinance ln place. . commissioner OrSlnl replied to Ms. Morton's comments about the "no entertainment" restriction by ABC. He said at the time of application, the Tahvlldarl's probably did not plan to put entertainment In. You can't apply for entertainment on an ABC license if your CUP doesn't speclfy entertainment. If you say you're not putting in entertalnment then it goes on your Page 37 - P1nnnmg COnUlmqlOn Mlllul<q of Novunbu 4 1992 . license as a restrlctlon. It doesn't mean you can't have entertainment ln the future. Commissioner Dahlman asked Mr. Whittenberg about the ABC process. Mr. Whittenberg agreed with Commlssioner Orsini's comments. Commissioner Sharp sald the letter from Grace Community Church is next door to Paplllon' s but the letter complalns about SeaSide Grill down the street. . Gerrv Kvle * Seal Beach [No address qivenl Mr. Kyle spoke in oppositlon. He sald Mr. Tahvildari is a responsible and considerate buslnessman, not an absentee businessman. He has no complalnts against Papillon's and has not seen drunks come out of the restaurant. But entertainment is openlng up old wounds ln this town. ThlS lS a test case because Mr. Tahvlldari "... lS probably the cleanest on the street" but the people who follow may not come up to his standards. He asked who was gOlng to enforce the conditions? After listenlng to the publlC testimony he said he got the impression there was a conflict between the businessmen and the resldents; this lS a bad lmpression and not true. He felt the Seal Beach Buslnessman' s Assoclation should not "... rally 'round bad apples", they should stand up and point a finger. He objected to the abusive tones used toward the Planning Commissioners. He urged no entertainment at all. Brent Matthews, Seal Beach [No address qlVenJ Mr. Matthews spoke ln Opposltlon, saying the Planning Commission should perform due dillgence on intensification of use for entertainment perml ts. The Commission has the obligatlon to work through the ZTA first. Seal Beach has a history of incremental intensity. He urged denial. Commissioner Dahlman asked Mr. Matthews to summarize what the ZTA should say. He replied "We have to work through it". . REBUTTAL: Nader Tahvlldari Mr. Tahvildari sald Mr. Rosenmann referred to an "entertainment cafe". The terminology ln hlS application was not "cafe". "Cafe" was placed in the staff report by Mr. curtis. Regardlng the enforcement, he has done this legally, by applying for a permlt. He will not ruin the lntegrity of his bUSlness by dOlng something to need enforcement. He sald he was agalnst rock In roll and jazz music - he wants qUlet, nice claSSlcal music. He said there would not be a difference between the plped mUS1C he plays now and a slngle lnstrument, he would not dlsturb Mr. Kyle. He measured from the back door of his restaurant to the flrst residence lS 168'. He asked why a piano would make a person drink more or less? His application dld not say a piano 100% -- he would have a single instrument -- a plano, a guitar, a harp or a violln. He will Page 38 - Plannmg COltUlIlS"On Mmute. of Novunb~r 4, 1992 . not have a bar around the plano. He would place the piano in the middle of the dlnlng room. commissioner Orsinl asked what flve days he would like? Mr. Tahvlldarl sald he would like to have seven days but he is not planning to. Maybe he would do it for four days. Commissioner orsini sald lt would be best to ask for seven days. Commissioner OrSlnl said nobody is worried about the entertainment, they are worried about enforcement. If it is going to be a piano bar then say it's a piano bar; the residents are panicky that things aren't specified. "When you apply for things on egg shells a lot of things don't come out the way they should be. And this is what panics residents". . Mr. Tahvildarl said he will do the best he can to control the piano, the piano player and the guests singing. He felt he couldn't control the guests singing. commissioner Dahlman said some of the provisions would be hard to enforce. The ordinance the City lS trying to develop could mean the enforcement could get eaSler for the City to perform -- an officer of the Clty could walk ln and wrlte you a ticket. commissioner Dahlman said he could only support this if Mr. Tahvildari would agree to ablde by whatever the upcoming entertalnment ordinance provldes for. Mr. Colantuono sald this is a CUP process, different sites raise different issues. A glven use may be appropriate in one location and not for another. . commissioner Dahlman asked Mr. Colantuono what was going on? He sald SeaSide Grill admlttedly vlolated conditions of approval and yet the Commisslon approved an extension of hours. Mr. Whlttenberg said two separate issues are being discussed: (1) the capability of the Planning Commission/city Councll to determlne whether to approve slmllar requests on dissimilar properties. Papillon's is a unique use because it doesn't have residentlal propertles backing to it. That allows the Commission to make special flndlngsi (2) regarding violatlons of ABC condltions not lmposed by the City, the City does not have the authorlty to automatlcally deny a request for a vlolation of ABC's conditions. ABC must investigate their violatlons and take action. Commissloner Dahlman disagreed saYlng "I disagree. Those were our own rules in our own CUP that he was alleged to have violated and that he later admitted dOlng. OK. And yet three people on this Commission ignored thlS and granted hlS hour. I'm saYlng, relying on us to make findings that somebody's in vlolation and then take action doesn't work I do have trouble giving one restaurant entertalnment and saYlng lt's very dlfferent and all the other restaurants can't have It. What we really don't - . . . Page 39 - Plannmg COmllUS.,Oll Mllluteq of November 4 1992 want is entertainment ln this town but we're going to give it to one guy because he's a nice guy". Mr. Whlttenberg said the Commission must declde on whether thlS application will impact the nelghborhood and lf conditions wlll mitigate those impacts. If they can't do that they should deny the application. commissioner Orsini asked Mr. Colantuono what the review periods could be? Mr. Colantuono said staff will review, via a Noticed PubllC Hearlng, this application at 4, 12 and 24 months to determine the appllcant' s performance under the standards of his permit. Mr. Colantuono suggested the following language to make this issue very clear: "No entertalnment calculated to encourage slnglng by patrons." "The Cornmlsslon reserves the right to revoke entertalnment prlvlleges at any time pursuant to a Noticed Public Hearlng, even ln the absence of a vlolation of these condltlons if the Commission deems such privileges lncompatible wlth the neighborhood". Chairman Flfe suggested three addltional conditions: 1. That this CUP shall be subject to the City's ul timate action on Zoning Text Amendment #92-2. And lts condltlonal grant shall establish no exemptlon for thlS establishment from the adoption of a general ordinance governing the establishment and malntalnlng of entertainment cafes. 2. The applicant would slgn and return to the Clty his acceptance of these conditions and satisfactory written evidence that the operation of the CUP does not violate any conditions of hlS ABC license. 3. Entertalnment shall begin no earller than 7:00 p.m. and shall end no later than 11:00 p.m. Commlssioner Orsini repeated that he was trying to cover every possibility. Mr. Tahvildari sald he was not planning to entertain during the brunch. Chairman Fife said he was inclined to approve this on a less-expansive basis than a maximum basis so the CommlSSlon may look at lt ln four months and see if It's generating a problem at thlS level? Commissioner Sharp questioned exactly how many days he would have entertalnment. The Commission agreed to permit entertainment seven (7) days per week. Mr. Tahvildari said he didn't know if he could afford to have an entertainer play Page 40 - Plannmg CODUI"'~lOn MlIlule\ of NovclJlb~r 4 1992 . seven days a week. He sald he had a problem with the condition about slnglng patrons. The Commission said the wording has been changed on thlS. Mr. Tahvildari said on New Year's Eve he would like to have more than one instrument. Chairman Flfe sald he would have to get a special one-day permit for this special event(s). Chairman Fife asked Mr. Tahvildari if he fully understood that if the upcoming ZTA says "no entertalnment" that he wlII have to cease entirely all entertalnment at Paplllon. Mr. Tahvildarl asked about Spaghettini's. Chairman Flfe sald there has been a historical conflict of entertainment on Main street and that separates Main street entertalnment from Spaghettini's and Noel's. Mr. Tahvildari sald we can't hold grudges for a long time. Chairman Fife sald he wants to know how the ZTA will turn out and he doesn't want the "grandfatherlng" process to start again. Chairman Flfe asked to have the conditlon added that there will be no dancing. Chairman Flfe closed the Public Hearlng. . MOTION by Dahlman; SECOND by Fife to approve Conditional Use Permit #92-13, through the adoption of Resolution #92-48, to allow entertainment at Papillon's restaurant with the following conditions added: 1. No enterta1nment shall calculated to encourage patrons. be provided which is singing or dancing by 2. The Commission reserves the right to revoke enterta1nment privileges at any time pursuant to a Noticed Public Hearing, even in the absence of a violation of these conditions if the commission deems such privileges incompatible with the neighborhood. 3. That this CUP shall be subject to the city's ultimate action on Zoning Text Amendment #92-2. And its conditional grant shall establish no exemption for this establishment from the adoption of a general ordinance governing the establishment and mainta1ning of entertainment cafes. 4. The applicant would sign and return to the City his acceptance of these conditions and satisfactory written evidence that the operation of the CUP does not violate any conditions of his ABC license. 5. Entertainment shall begin no earlier than 7:00 p.m. and shall end no later than 11:00 p.m. . Page 41 - Plannmg COIlUnlS'101l MlIlllte, of NlIwmbet 4 1992 . commissioner Sharp w1shed to comment before the vote. He said if this restaurant had houses 1n back of it he wouldn't vote for it. It has a church in back of 1t and a parking lot next to it. "Because of the fact that at some later date he may want to expand hlS tlme, I feel we ought to grant it for seven days from 7:00 p.m. to 11:00 p.m. with the restrlctions that have been put on lt by the other members when the motion was made" . commissioner orsini sald he was looking at the type of operation the restaurant 1S. "If 1t was any other restaurant I don't see where th1S piano bar would fit into the atmosphere. The atmosphere definitely can hold the piano bar". It also has a nice clientele. The restaurant is open two hours after the enterta1nment ends. "The piano bar --- I want to make sure that 1S all r1ght because It's going to end up a piano bar ... if somebody has a problem with it state it now because I don't". The reV1ews w1ll be at 4, 12, and 24 months with no prejudlce to spec1ally Noticed reV1ews at other times lf a problem develops. The hours of operation are remaining the same. He d1dn' t see that entertalnment at brunch would be a problem. . Mr. Whlttenberg clarlf1ed that the recommended review periods will start from the t1me the entertainment actually beings, not from the time the Comm1ssion approves this CUP. MOTION CARRIED: AYES: 5 - 0 - 0 Fife, Dahlman, orsini, Law, Sharp Mr. Whittenberg sald staff wlll prepare a formal resolution for Commisslon approval on November 18, 1992. ORAL COMMUNICATIONS Mltch Gravson * 140 Coastline, Seal Beach - said he perceived a declaratlon of war by the llquor interests and elements of the Business Assoclation aga1nst the c1t1zens and was angry. They have clearly shown they have no 1nterest 1n the business of this City and are trying to draw from outs1de. He cautloned the community might be less supportive of the bus1ness community. He asked the Commission to steel themselves for the com1ng onslaught. The City Attorney should be asked what can be expected 1n coming litigation. He is head of subrogat1on for the County of Los Angeles. Chalrman Fife said the equal protection princlpal does require equality of treatment but does not prevent leglslatlve bodles from making distlnctions based on ratlonal facts and differences. It will be the CommlSSlon's duty, ln sltuations where they deny or further condltlon approvals, to eluc1date what those facts are that . are found unlque to justify their pos1tion. . -- '. Page 42 - Planmng ConuruSSlOfI Mmutes of November 4 1992 commissioner orsini sa~d he thought if the Businessmen's Association pressured the other Main street stores to stay open later it would take pressure off the liquor selling establishments. You see businesses closed at 6: 00 p. m. and nothing but liquor stores open late. The restaurants and bars are open six to seven hours after the other bus~nesses are closed. Mona Babcock * Walt's Wharf. Seal Beach - said there is a need for a Main street rev~ew and she was sad about the friction and continuing grudges. The City needs the revenue from Main street. She said Walt's Wharf will not want entertainment. Dave Rosenmann * Seal Beach - said he had consulted with legal colleagues with the State Attorney General's environmental unit. If a viable plan is not established the City will be suit prone. Mitzie Morton * Seal Beach - said the hour on SeaSide Grill actually got extended one and one-half (1~) hours. Commissioner orsini agreed. Staff said alcohol cannot be consumed after 11:00 p.m.; this is an ABC rule. Tom Charara * Seal Beach Bus~nessman's Association - Said there is no perce~ved fr~ction between the merchants and the residents and invited all interested people to come to the Seal Beach Businessmen's meetings. They are monthly on the second Thursday of the month at 7:30 a.m. in a Main Street restaurant. STAFF CONCERNS There were no staff concerns. COMMISSION CONCERNS There were no Commission concerns. ADJOURNMENT Comm~ssioner F~fe adjourned the meeting at 2:00 a.m. Sincerely, C;o~ Joan Fillmann Recording Secretary The Planning ~mmission Minutes of November 4, 1992 were approved on November ~ 1992. ~ MAIN STREET BUSINESSES . TOP 10 SALES TAX PRODUCERS FY 1991-92 By Amount of Sales Flrm Name Buslness Address Walt's Wharf 201 Mam Street Hennesseys Tavern 140 Mam Street Bay Hardware 215 Mam Street Taco Surf 115 Mam Street Chevron ServIce 350 MaIn Street Seal Beach Shell 347 Mam Street . John's Food Kmg 148 Mam Street Comer Drug Store 302 MalO Street Char 0 Chicken 333 Mam Street Old Town Cafe 137 MalO Street Generated 57.51 % of Total Main Street Sales Tax Revenues, 93 Active Businesses SOURCE' HmderlIter, De Llamas and AssocIates . C IWP51\MAINST TAXIFY91-92 TOTILW\10-30-92 MAIN STREET BUSINESSES . TOP 10 SALES TAX PRODUCERS FY 1992-93, 1st Quarter By Amount of Sales Flrm Name Buslness Address Walt's Wharf 201 Mam Street . Hennesseys Tavern 140 MalO Street Seal Beach Shell 347 MalO Street Bay Hardware 215 MalO Street Chevron ServIce 350 MalO Street Taco Surf 115 MalO Street John's Food KlOg 148 MalO Street SunshlOe Sportswear 124 MalO Street Char 0 ChIcken 333 MalO Street Corner Drug Store 302 MalO Street Generated 61.86% of Total Main Street Sales Tax Revenues, 93 Active Businesses SOURCE' HmderlIter, De Llamas and AssocIates . C IWP51\MAINST TAXIFY92-93 lSTlLW\10-30-92 CIty of Seal Beach Plannmg CommIssIOn SUBMITTED FOR RECORD 8,_ G. Brown _Oat; 10-27-92 /Jvf , '. October 23, 1992 Planning Commission City of ~eal Beach 211 Eighth Street Seal Beach, CA 90740 Dear Chairman Fife: I t<lill be ouit: of the country at the deferred public hearing on the Seaside ~rill request to extend its hours from 7 A.M. to 1 A.M. and aJll submitting this letter to be read at the November meeting. Like a large number of Seal Beach citizens I feel the proliferation and extension of hours of drinki..n8 establlshments ifl a concentrated area of the city is des1:royinf; the fiction of "quaint village a"brosphere". <:'0 often touted by business elements their concerted actions T..;rould destroy the ambi..ence that they say is the essence of our town. . He already ltave ~:ticen5erj twice as many on-sale liquor licenses in the area as the standard of the .AJ.coholj c Beverage Control. These bars "masqueradi..ng" as restaurants consistently foJlow a creeping in- crement of hours of alcoholic beverage servlce with the theme of "some- one else has longer hours". Our neighOOr, Belmont Shore, has found the conditions so intole~nble for nearby residents that the ci1:)T is not issui ng any rrore liquor pemi.ts fot' new establish"1lents. They can not do anything about permits already jssued as Seal Beach can't either, but we have never considered a moratorium. The requirement of "restaurants" llquor J.licenses that food sales equal those of alcohollC beverages sales has never been enforced on the re- quired records kept or reviewed. Extension of hours wou ld only mean a greater dlSpar'lty in the balance between food and alcoholic beverage sales. I urge the cOrnmlssion's rejection of this request for extension of hours by the Seaside GriJl. Sincerely, .- $ ~ ~ Geor~wn 212 14th Street Seal Reach, CA 90740 -== = c:::J == = = = = = = = = Grace Community Church of Seal Beach 138 Eighth Street 0 Seal Beach, California City of Seal Beach Planning CommlSSI( SUBMITTED FOR ~\E~~O,.._ B~~N'o..\<.Qf' Data~ . 90740 0 (213) 596-1605 November 4, 1992 Plannlng Commlsslon Clty of Seal Beach To Whom It May Concern. We regret that we must express our Opposltlon to extended hours for servlng llquor at the SeaSlde Grlll, 101 Maln St. . We have had prlor hlghly-negatlve experlences wlth nearby llquor establlshments. These lnclude flghts on our property and raucous behavlor at a tlme when our faclllty was belng used by chlldren. Our property backs up to the alley behlnd these establlshments west of Maln St. We have to contend wlth lltter and lOlterlng. People who may work at the church late are concerned about safety. Thank you for conslderlng our concerns Slncerely, ~'^- Donald P. Shoemaker Senlor Pastor . . . . . MEMORANDUM O~ PHON CON November 4, 1992 To: Honorable Chairman and Planning Commissioners From: David Gaylord, 309 17th street, Seal Beach Scott Johnson, 1834 Flagstaff ct., Navy Housing Eddy Lidoff, 405 Crystal Cove, Seal Beach Re: SUPPORT OF SEASIDE GRILL Mr. Gaylord telephoned the Planning Department at 3:50 p.m. today to state he is in favor of the SeaSide Grill's application for extended hours. He said he raised his family at 309 17th Street, behind the former Rum Runner restaurant. Rum Runner's had a few drunken patrons and a few beer bottles left around. But he always felt the Main Street establishments were family establishments and still are. Mr. Johnson called at 3:55 p.m. today and said he felt we have enough government and don't need any more. Mr. Lidoff called at 4:15 p.m. today to say he thinks the economy is on a downward turn and we need extra tax monies. The City should allow SeaSide Grill to pursue a living without offending others and that's what they are doing. ;j~ - Jo n Fillmann Planning Department .. . Clt of Seal Beach Planning CommIssion y SUBMl11m fOR ~ 'l... ~y~~~Date - ~3~ plYl . 2. ~ . November 1, 1992 City of Seal Beach 211 Eighth street Seal Beach, CA 90740-6379 To Planning Comm1ssion of Seal Beach: I am writ1ng 1n regard to the request that has been made by a Shell serV1ce stat10n to extend the hours they are open. The station 1S located at 347 Ma1n Street, and is just across the alley from my property at 332 E1ghth Street. I am concerned that the extended hours would lower the rental value of this property, and would enlarge the potent1al for crime. It would also be a late n1ght disturbance for my renters and others living in the 4It ne1ghborhood. Wouldn't 1t also require more police attent1on? I would appreciate a no vote on conditional use perm1t 92-17. Thank you for your t1me and consideration. Slncerely yours, A:J~/'~A Donald E. Pasch 7046 34th. Street North Highlands, CA 95660 . _n - ----- -- -, f S t ht~-tflQM'''t~~- CI,y 0 ca ")-l) SUBtvllTI[D FOR RK...1. By t-J.r:J" 0.\.." I \ck~ Date 11- J - 9 '2.. *.refJreseY\T /Jove Se.a-I ,tca...-C!.-h re...( ;ote-V\75 I,. ;\' Aa'( A' ~. .,./ ...... -. PETITION TO THE SEAL BEACH PLANNING COMMISSION .. .. WE, THE UNDERSIGNED, SUPPORT THE OWNER OF PAPILLONS RESTAURANT TO HAVE LIVE ENTERTAINMENT -- I.E.: PIANO, HARP, OR GUITAR -- TO ENHANCE THE AMBIANCE OF THIS ALREADY FINE CONTINENTAL RESTAURANT. PLEASE APPROVE HIS REQUEST. ---------~---g;- ----~------------------------------------------ J"'-/d~Jj-{f;tk~------f3;/ SLU~t~~'--t!-.dt:.:JA--rL?~q2Y-:?;-S' · Pv ,~#f~vrr_..lj?-I-:nnUL-O<-H~ ~ ~3'E:>K '1074-6 - ~ ~-- ---------------------------------------------------------------- ~~L~~~-~~~::~A~-4t--~~~-~-~~~~~:---f~2YJd----! B -'LJ!::t~v: "'-~iT--!~!:J2!'-~P--Q?_ff7~!:!~(J?-112--%1;~" -5---.fJ',.L ~ ~ -f.!:::. - - ~~ ___y- _ ~/ _ _ _ _ L _3_~~Cz_~_ _ _c{Y~_ _ L1 !:-j:2zZ~__ --J:i~fl;i __ r:-5 ~ jz~c:'2 7J};;J~E~----Lfl2'!L~~lJ}.:?!!..!J.tL;;;.~fl2Q2'! 0 . "2 -t-~'J-,Lu~ ac 'L ~-.- 17:'::>[,0'1 1v/7/}ul#'-. 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WE, THE UNDERSIGNED, SUPPORT THE OWNER OF PAPILLONS RESTAURANT TO HAVE LIVE ENTERTAINMENT -- I.E.: PIANO, HARP, OR GUITAR -- TO ENHANCE THE AMBIANCE OF THIS ALREADY FINE CONTINENTAL RESTAURANT. PLEASE APPROVE HIS REQUEST. e -----~~-)-----~--------------~=------------------------------------ J~---=-~!-~-~~~~--~-~~~-i--~~~~~---------------- d--227-~--C~~~~-~-------~~~::::J~&----~------ ~:~1~~~ft~~~~~~:JL~~~~~:~~~L:~~:d~c~ -..5-- i1~~4~~dZi_C!kULj~~~2_11j~iL1:f~~2~:~-~4--d~iL---------- -~~----1l~~-~/kq:.~fdd."""'---~,3.-n"'Lji--'rf..!&-.hQ--G.J-iI 5/.5 -2--~C0-~_tt=~ .1. 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PETITION TO THE SEAL BEACH PLANNING COMMISSION ... - WE~ THE UNDERSIGNED. SUPPORT THE OWNER OF ~ILLONS RESTAURANT TO HAVE ~ LIVE ENTERTAINMENT -- I.E.: PIANO, HARP.(QB)GUITAR -- TO ENHANCE THE AMBIANCE OF THIS ALREADY FINE CONTINENTAL RESTAURANT. 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PLEASE APPROVE HI S REQUEST. -;' .~ ~~fu;~YXJ;Z~~~~~L~J~f~=~-;~t~6-=W;~~Jj~~~~~~iLi:l-~J 7 ~l~jJ;-~Q~~~~~___~_~~__~_~~~~S_~]_________~___~~______________ ~~Yi~~-1J!_!~~---1-~~-L2~~~~~~---~I2------------------ _1~__________________________________________________________________ -~------------------------------------------------------------------ -~~------------------------------------------------------------------ -2----_______________________________________________________________ -~------------------------------------------------------------------ -f--_________________________________________________________________ -/.J2 ------------------------------------------------------------------ J'..l.. ------------------------------------------------------------------ Js1 ------------------------------------------------------------------ -Li~___________~--------------------------------_____________________ ~~--------------------------------------------~~~-~--~------------- ..lA~_____ ------------------------------------------------------------ .../~'- ... ~ < ----------------------------------------------------------------- -LZ.. ----------------------------------------------------------------- -Lg-~_~--__ ----------------------------------------------------------- ..194________ --------------------------------------------------------- .ita..,. ----------------------------------------------------------------- ~t__________________________________________________________________ 9~ ~~r--------------__________________________________________________ 1 . ...... .- PETITION TO THE SEAL BEACH PLANNING COMMISSION .... . WE, THE UNDERSIGNED, SUPPORT THE OWNER OF PAPILLONS RESTAURANT TO HAVE LIVE ENTERTAINMENT -- I.E. PIANO, HARP, OR GUITAR -- TO ENHANCE THE AMBIANCE OF THIS ALREADY FINE CONTINENTAL RESTAURANT. PLEASE APPROVE HIS REQUEST. e J~ -_-2:~__J:J_~_~__~1_ttJ!.0__rqQ1_~Q____ ~-- ~~~~~~~~~~~~~~~~~~ A.Yv 6.,d ~---/L~t1.. - ~ - - s.A----- -~~~------~~~~ ~~-----~--- -~2J:i -__3L'iY:z._ fL!!!._S XL-r-5LBi_______________ ~- --- -_ ~___Jj~L__~~~__5~---~~----------------- -,e:JP~- fr=L _ - - ~ - __1 i<oL?:".:. _~lc_W_y-__________________ -9-z~~-_G-~--------i()J-LPA1ELh:~qJ2-g-tl!:----2Li-- ./7 ....-./ L! 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WE, THE UNDERSIGNED, SUPPORT THE OWNER OF PAPILLONS RESTAURANT TO HAVE LIVE ENTERTAINMENT -- I.E : PIANO, HARP, OR GUITAR ---TO ENHANCE THE AMBIANCE OF THIS ALREADY FINE CONTINENTAL RESTAURANT. 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PLEASE APPROVE HIS REQUEST. ~ ----~~~-=-:-rrO;=:----q-::~-:--~~~~-=:!!:-~- ~~~--~:~~~~~~~~~i~~?!$~~~~~Jl~ -~-~~ ~- ---------------________;________25_______ _1~ -- -------.15-o-a--t1~_lY]~_l\x1.t_-2L6. -5- fff7'J--- -~- -------------JL2::-':{jJ~__cl/%i'------ -~~-{~~~-------_------~t[---~---~-----~~-------- . -2 ~l5i~!L---------lO)jQj:;;r;CEJ----"';::,:n-m-- ~~1~~--------~ -~~~~i1~,~~i~~~t~~ -~ - --------------------------~---------------------- JJ..~ ~---------~-lNL~~N~--~\-~------ JA___ - C.1~ .. ----------~'1-7__LL~"_J.{.___~2J_~S:'_L__C;~L___ -L __ ____ __________(;_~~_~~~-~---------------- ./-"':LiJi ~ -- tli:-;--m---ZI(----t;!~-[.C-:2~.!!~-~AL . 1~~J!iitl;: , ~ ---,- --..,,;:<m-32X;--~~Lf.f~R.::~-o!;'_r-5'~.L..-iYl?>1e 1/ ~~:~A ~-------~~:2--Q~1-~~.&J ~ ~-------------L3~--Lk2-------------------~-~~1J -LY~--- - ~~----------l~i----{)-~---~--:l~-jp~~ -L2 7h"ilA~------:??-'Z-.!.!..~LT:.-- ..Le~_ jj'e?lL'r____ · ~~~-- ~~~-;~r:~~~_::z~ ~---- ----____~1~~1~_~_~~~_~~------ I 1 ~ I'" --, - I /--...... 1 - ~J..... ~ ___-..-. . ....... ~- ... PETITION TO THE SEAL BEACH PLANNING COMMISSION " e . WE, THE UNDERSIGNED, SUPPORT THE OWNER OF PAPILLONS RESTAURANT TO HAVE LIVE ENTERTAINMENT -- I.E.: PIANO, HARP, OR GUITAR -- TO ENHANCE THE AMBIANCE OF THIS ALREADY FINE CONTINENTAL RESTAURANT. PLEASE APPROVE HIS REQUEST. . ~~~~~~~~~;~~~~1~;::~7i~~~:~~:~~i~;~;~~~~_'1 4--- ~ ~ ~.zJ_l___?JikL-::_k____d~_5E./!-L,P42-<7 , ~/ -- ~~ ---~----_~~i9._LIs~~t~~S=.____~2{_I!~~~_ - L% l~,,"' -------,~--J10_'L_~{<2~L5-'=,:Lf!~J-'----------- ~:~y~~ -/,~f;z;t~;~~~~~~k~~;;I;Z~~~ -2-- I ~ 74-/j1~_--fk1!{--~~5r_S!~JL&q'c-C6_______________ ~~~ u!l1;)I~~~~~~}iiJ:AI~:Jilt~*tiC~~~~~ (1,- . ,. ~ ~ "1 -M -~Lct~7--- _z.L-5..__Z~ A.~ - -~'h~~Lf:j~::~",:U;~9:.~___ .../L-~1--- '-' t:~ )'}&,}t2JX-?i:::.JL______S::~~.""'lL;-G~--- ~~~ /-- -~=4=:-1 L~~~~~~~~;Z~~~~~~~Ji:l~~:.-;l~~~' .../4.-_ - 7 1'").1 -il./ ,A v----d~LH~J!L<.t'.L:.:f~tfL_&d!d_0;-- / _ -L2~_ ~~~ _ _ __ ---cJ.q!--~~-Q(~~!!:~-~~(:.i$.~~~&0- ~7lc -Lg-.-a f!gg/--~~-~-- ----fJ2t-jl~'-~[--f!~i_~~q~_~'19:!LR/l.;9tJJi;O -LqL_~~~ -_~l~~~---Z-~~-JJ!=-~~--~J.!---~}I--~~~~--~-~::~J 4{L ~L - 'IJT~'<.>---.Lr,,-)__f1?t~-----tJdb__"~~d/()?!J / N/J; It; C' ~ d~~- _ ~~y- _~_~~D~~~~~~i;f~~12~~<~~~~i~~~jjj!f;;!(/e, tL-i? , 1 e \ \ . -. ..~ .. PETITION TO THE SEAL BEACH PLANNING COMMISSION " .. WE, THE UNDERSIGNED, SUPPORT THE OWNER OF PAPILLONS RESTAURANT TO HAVE LIVE ENTERTAINMENT -- I.E.: PIANO, HARP, OR GUITAR -- TO ENHANCE THE AMBIANCE OF THIS ALREADY FINE CONTINENTAL RESTAURANT. 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WE, THE UNDERSIGNED, SUPPORT THE OWNER OF PAPILLONS RESTAURANT TO HAVE LIVE ENTERTAINMENT -- I.E.: PIANO, HARP, OR GUITAR -- TO ENHANCE THE AMBIANCE OF THIS ALRE Y FINE CONTINENTAL RESTAURANT. 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'. - .- ... PETITION TO THE SEAL BEACH PLANNING COMMISSION , e ... . .. - WE, THE UNDERSIGNED, SUPPORT THE OWNER OF PAPILLONS RESTAURANT TO HAVE LIVE ENTERTAINMENT -- I.E.: PIANO, HARP, OR GUITAR -- TO ENHANCE THE AMBIANCE OF THIS ALREADY FINE CONTINENTAL RESTAURANT. PLEASE APPROVE HIS REQUEST. 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