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Home My WebLink AboutPC Min 1992-11-18 . . . CITY OF SEAL BEACH PLANNING COMMISSION MEETING AGENDA of NOVEMBER 18, 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 November 4, 1992 IV. SCHEDULED MATI'ERS 2. Signing of Resolutions from November 4th meeting: Reso. No. 92-30 92-44 92-45 92-46 92-47 92-48 92-49 92-50 92-51 92-52 92-53 92-54 92-56 92-57 92-58 92-59 92-60 92-61 Address 101 Main st. 12419 Seal Beach Blvd. 12245 Seal Beach Blvd. 1300 PCH 347 Main st. 143 Main st. B-7 Surfside B-17 Surfside B-26 Surfside B-27 Surfs ide B-28 Surfside A-84 Surfside A-7 Surfs ide A-86 Surfs ide A-88 Surfside A-62 Surfside A-95 Surfs ide A-87 Surfside Item SeaSide Grill Thrifty's Lucky's Mobil Shell Papillon's CRAS CRAS CRAS CRAS CRAS CRAS CRAS CRAS CRAS CRAS CRAS CRAS 3. Consideration of Proposed City Council Policy Statement # : Standard Conditions for Alcoholic Beverage Licenses. v. PUBLIC HEARINGS Minor Plan Review Address: Applicant: Property Owner: 4. #91-19 1101 Pacific Coast Highway City of Seal Beach J. L. Moss . . . Page 2 - PIannmg CommISSIon Agenda for November 18, 1992 Request: Resolution: NotCH 5. Conditional Use Address: Applicant: Property Owner: Request: Resolution: 6. Conditional Use operation: Address: Applicants: Property Owner: Request: Resolution: 7. Conditional Use operation: Address: Applicant: Property Owner: Request: Resolution: Reconsideration of City approval/recycling machines. #92-41 Continued from 10-21-92 Permit #92-20 148 Main street John's Food King Donald A. , Sharon K. Davis Dorothy M. Nescher After-the-fact approval for ABC #21 license. #92-62 Permit #91-17 Pasta Grotto 117 Main street Vicenzo Ricci , Doug Maris Edward Hogard Indefinite extension of CUP for #42 ABC license. #92-63 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 Conditional Use Permit #92-12 Variance #92-2 Address: 8. Applicant: Property Owner: Request: Note: Resolution: Base of Water Tower @ 1 Anderson Street (Subject address is not 1 Anderson Street) Jeff Overeem Jeff Overeem To construct lube/carwash property. CUP is for a carwash VAR is for an inadequate drive aisle. #92-64 for CUP #92-12 #92-65 for VAR #92-2 a quick subject on -. . . Page 3 - Plannmg ComnuSSIOO Agenda for November 18, 1992 10. 11. 12. 13. 9. Conditional Use operation: Address: Applicant: Property Owner: Request: Resolution: Conditional Use operation: Address: Applicant: Property Owner: Request: Resolution: Height Variation Address: Applicants: Property Owners: Request: Resolution: Noticed: Note~ Height Variation Address: Applicant: Property Owner: Request: Resolution: Height Variation Address: Applicant: Property Owner: Permit #92-10 Irisher 121 Main street Robert & Wilma campregher Mark R. Johnson After-the-fact CUP for ABC license to sell beer, wine and distilled spirits. #92-66 Permit #92-19 Clancy's 111 Main street steven Meier/Clancy's Saloon Richard H. Wells After-the-fact CUP for ABC license to sell beer, wine and distilled spirits. #92-67 #92-29 A-l09 Surfs ide Karl and Laura Hinrichs Karl and Laura Hinrichs Existing CRAS approval. #92-68 10-19-92/Seal Beach Journal Continued fro. 11-4-92 for lack of plans. #92-37 325 16th street Lawrence C. Lerno Lawrence C. Lerno Existing CRAS approval. #92-69 #92-38 252 16th street James Burtrum James Burtrum . . . Page 4 - Plannmg ComnusSIOIl Agenda for November 18, 1992 14. 15. 16. 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: Existing CRAS approval. #92-70 #92-39 254 16th street James Burtrum James Burtrum Existing CRAS approval. #92-71 #92-40 404 Ocean Avenue Jack Haley Jack Haley Approval of existing CRAS. #92-72 #92-41 117 4th street Bruce , Roslyn Bixby-Bennett Bruce , Roslyn Bixby-Bennett Approval of existing CRAS. #92-73 ,. . . Page S - Plannmg ComnussIOO Agenda for November 18, 1992 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 #')2 17 Ccal Deach Chcll Cchcduled: 11/4/')2 J. cur #')2 ') C&U oil Cchcdulcd: 11/4/')2 4. cur #')2 16 Jim's ChcYJron Cchcdulcd: 10/21/')2 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 sellinq liquor w/o citv CUP. 1. cur #')2 10 Iri3hcr Ochcdulcd: 11/04/')2 2. cur #')2 14 Old Ranch CC Cchcdulcd: 10/21/')2 J. cur #')2 20 Johna Food Cchcdulcd: 11/04/')2 4. cur #')2 11 Thrifty Drug Cchcdulcd: 11/04/')2 5. CUP #92-15 Rossmoor Bowl Scheduled: 6. Not rec'd Glider Inn Application ~ Submitted 7. Not rec'd Dolphin Mkt. Scheduled: o. cur #')2 8 CD Liquor Cchcdulcd: 10/21/')2 9. Not rec'd Nip n Stuff Scheduled: 10. Not rec'd Leisure Mkt. Scheduled: 11. cur #')2 18 Lucky' 3 Ulet. Cchedulcd: 11/04/')2 12. cur #')2 1') ClancY'3 Cchcdulcd: 11/04/')2 * ZTA #92-2 * CUP #92-7 * CUP #14-91 * cuP # * MPR #92- - * HV# * MPR #92-22 Entertainment Cafes (Pending City Manager's work on one day permits) Unocal/99 Marina/Reactivate Oil Dehydration Facility) [Environmental work being done] Spaqhettini's/Entertainment/one year review. [ABC going to review their position first]. Old Ranch Country Club/Entertainment/Obtain CUP Donut city/you for video games on premises. CRAS (Thompson @ 1305 Sandpiper) 94 Welcome Lane/Latta/2-story cabana/Res. 92-30 Page 6 - P1annmg Comnus81On Agenda for November 18, 1992 . DEC 09 CUP #12-90 (Bonadonnas/ABC renewal) DEC 23 Possibly no meeting due to staff furlough. 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 AUG 18 SEP 08 SEP 22 OCT 06 OCT 20 NOV 03 NOV 17 DEC 08 . DEC 22 . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES NOVEMBER 18, 1992 The regularly scheduled Planning Commission meeting of November 18, 1992 was called to order by Chairman Fife at 7:32 p.m. in City Council Chambers. PLEDGE OF ALLEGIANCE Commissioner Sharp led the Pledge of Allegiance. ROLL CALL Present: Absent: Staff Present: CONSENT CALENDAR Chairman Fife Commissioners Dahlman, Law, Sharp commissioner orsini MOTION by Sharp; SECOND by Law to excuse Commissioner Orsini's absence. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Sharp, Law, Fife, Dahlman Orsini Mike Colantuono, Assistant City Attorney Department of Development Services: Lee Whittenberg, Director Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary 1. Approval of November 4, 1992 Minutes MOTION by Dahlman; SECOND by Fife to tentatively approve the Planning Commission Minutes of November 4, 1992, subject to review and approval by Commissioner orsini and with the following text changes: Page 2: Page 11: Page 11: Page 27: Page 28: structures~ "Ability of City to modify..... ..... license without it getting delete "not.. in line 11. "deal with an~ address". . . . .. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Dahlman, Fife, Sharp, Law Orsini *** Page 2 - PIannmg COCDDllSSIOII Mmutes of November \8, \992 . SCHEDULED HATTERS 2. signing of Resolutions from November 4, 1992 meeting. Director Whittenberg explained the listed resolutions have been brought back to the Commission because at the November 4th Public Hearings the resolutions were not prepared and the Commission could not see the wording of the resolutions, the findings and the conditions of approval. He indicated Nader Tahvildari, applicant for Papillon's restaurant entertainment (Resolution No. 92-48) would like to address the Commission prior to action on his resolution. Mike Colantuono asked Commissioners Fife and Law if they had reviewed the video tape of the October 7, 1992 Planning Commission meeting? Both Commissioners stated they had watched the tape in full and Chairman Fife said he watched the television replay of the meeting. MOTION by Sharp; SECOND by Law to approve the following resolutions and to review Resolution No. 92-48 separately: . Reso. No. 92-30 92-44 92-45 92-47 92-49 92-50 92-51 92-52 92-53 92-54 92-56 92-57 92-58 92-59 92-60 92-61 Address 101 Main st. 12419 Seal Beach Blvd. 12245 Seal Beach Blvd. 347 Main st. B-7 Surfside B-17 Surfs ide B-26 Surfside B-27 Surfside B-28 Surfside A-84 Surfs ide A-7 Surfside A-86 Surfside A-88 Surfside A-62 Surfs ide A-95 Surfs ide A-87 Surfside MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Sharp, Law, Dahlman, Fife Orsini . Item SeaSide Grill Thrifty's Lucky's Shell CRAS CRAS CRAS CRAS CRAS CRAS CRAS CRAS CRAS CRAS CRAS CRAS Page 3 - PIannmg ComnuSSIOIl MInutes of November 18, 1992 .' Resolution No. 92-48 * CUP #92-13 * 143 Main street Mr. Tahvildari . Page 1 - . Page 2 - . Page 3 - . Page 4 - indicated corrections to Resolution No. 92-48: Date is November 4, 1992 Sunday hours should be 9:00 a.m. to 11:00 p.m. Paragraph (b), address is 143, not 141. Paragraph (4), he would like to remove the word "permit", substituting "not promote or encourage singing of dancing". Mr. Colantuono said he had suggested "calculated to encourage". The language as presented now in Resolution No. 92-48 was suggested by Quinn Barrow, City Attorney, who felt Mr. Colantuono's language could be interpreted in various ways. The intent of this condition is for the applicant to advise patrons that no singing or dancing is allowed under the CUP and not acquiesce. This language does differ from what was discussed at the November 4th Commission meeting. Mr. Tahvildari said he was more comfortable with the word "encourage". . commissioner Dahlman explained that if the patrons began to sing and dance and the restaurant consented without protest then something wrong has happened, even though the restaurant did not promote or encourage the singing or dancing. Therefore, "permit" would be the correct word. He said he could not support the word "encourage" if it implied the proprietor could turn his back and let the singing or dancing continue. Chairman Fife agreed, noting the intent of the condition was to lay on the applicant a duty to take action if it occurs. If someone were to allege singing or dancing had occurred, there could be a hearing on that one issue only. Mr. Tahvildari then agreed the condition could remain as presented. MOTION by Fife; SECOND by Dahlman to adopt Resolution No. 92- 48 with the change of date, address, and with the understanding the Planning Director has the authority to change the hours to 9:00 a.m. to 11:00 p.m. on Sunday if that is what the prior CUP approval stated. . 4 - 0 - 1 Fife, Dahlman, Law, Sharp Orsini *** Commissioner Sharp requested the Commission hear the six Height Variation applications due to the expected length of the Agenda. Mr. Whittenberg suggested hearing the policy statement on the proposed Standard Conditions for Alcoholic Beverage Use Permits, prior to the Public Hearing. Commissioner Sharp agreed. MOTION CARRIED: AYES: ABSENT: Page 4 - PIannmg ComousstOO Mmutes of November 18, 1992 . 3. Consideration of Proposed City council Police statement #___: standard Conditions for Alcoholic Beverage Licenses. staff Report Mr. Whittenberg explained that the Commissioner's advance packets had a set of proposed conditions but a further revised set was now being presented because the City Attorney's Office had minor modifications which have been incorporated. . Mr. Colantuono noted the primary change, saying Seal Beach has had a history of dealing with alcohol-related land uses. It has talked about those land uses as though the Planning Commission were reviewing and approving ABC licenses. This is technically incorrect. The Department of Alcoholic Beverage Control (ABC) issues licenses to sell alcohol. The Commission issues Conditional Use Permits required by the zoning ordinance for businesses that sell alcohol. The City can't directly regulate the privilege of selling alcohol, the State does that. The City regulates the land uses associated with the sale of alcohol. This is a policy statement of standard condi tions to be used when issuing land use permits for alcohol-related land uses. The City does not review and change the terms of ABC licenses. The City reviews, changes and imposes the terms of land use permits. The City regulates the operation of the business as a whole; ABC is regulating one privilege, that of selling alcohol. Mr. Whi ttenberg said this matter was considered by the Planning Commission on September 23, 1992. The Commission requested further clarification and reworking of several proposed conditions. The proposed standard conditions have since been reviewed the City Attorney's Office and by the Regional Director of ABC, Santa Ana office. There are thirty (30) standard conditions proposed. The Regional Director provided some of their standard language which staff incorporated into the City conditions regarding signage in the building and windows so that both standards are the same. If this document is approved by the Commission, it will go to the City Council for their consideration and adoption as a formal City policy statement. commission Comments Chairman Fife had the following comments regarding certain conditions: III 11 - The Plannin9' Commission reserVes the right t.o revoke or modify this CUP if any violation of the approved conditions oc<.iurst any violation "A. .. . He said Article 25, by reference, means pursuant to a Noticed Public Hearing, so all persons have the right to be heard.. . . . Page 5 - P1annmg ComnuSSIOO MInutes of November 18, 1992 . 1.! - Exterior lighting in the parking area shall be kept at a level $0 as to prov-ide adequate lig'htinfj for patrons while not disturbing surrounding residential or commercial areas ~.~ ~ He felt exterior lighting in a parking area will inevitably cause some level of disturbance and suggested the wording be " ... while not unreasonably disturbing " . .. . commissioner Dahlman suggested requJ.rJ.ng exterior lighting be placed on a perimeter fence with the lights directed toward the business. Not installing the lights on the business and shining them toward the parking lot thus disturbing neighbors. Mr. Whittenberg said there fixtures to direct light. "Shall not disturb the residential properties". are ways to shield lighting He suggested the wording normal use of adjoining Chairman Fife suggested adding "A lighting plan shall be provided, subject to the review and approval by the Director of Development Services which promotes minimal disturbance under the applicable circumstances of nearby residences, or, which minimizes disturbance to nearby residences". . 1.5 - It shall be the responsibility of the applicant/licensee. to provide. all employees with the knowledge and skill that wi 11 enable them to oomply with their responsibilities under State la~ ... ~ Commissioner Sharp suggested removing the word "all" from "provide all staff with the knowledge", and limiting the requirement to the employees directly serving alcoholic beverages. Chairman Fife said it should be limited to employees who are potentially involved in the sale or service of alcohol. . 19 ~ "All alcoho1io beverages sold in conjunction must be. consu~e.d entirely on the pre~ise$ ~.." :. .<< The Commission and staff discussed closing time and consumption. Chairman Fife suggested reinforcing the ABC rule by requiring "The applicant shall not sell alcoholic beverages later than five (5) minutes before his scheduled closing time. No customer shall be consuming any alcoholic beverages in violation of ABC rules where Page 6 - PIannmg Comnusa.on MlIlutes of November 18, 1992 . the closing time as scheduled by the City had been in fact scheduled by the ABC". Mr. Colantuono suggested the Commission not attempt to impose conditions related to ABC's hours but instead impose conditions relating to hours imposed by the City. This could be incorporated at Condition #4. Mr. Whittenberg said the enforcement issue for a five minute cutoff would be very difficult to enforce. It would be easier to enforce a certain hour with no alcoholic beverages for customer's consumption after that time. All drinks should be off the table, for example, at 11:00 p.m. It was determined condition #4 would explicitly determine the hours of operation. Chairman Fife indicated the establishment's over-run is controlled by the proprietor's last call. Clearly, at closing means no consumption after closing. staff agreed. This will be added in the section re on-premise conditions. . 20 - UThe. establishment must serve a complete. m.enu of food until thirty (30) $inutes prior to olosinq ti~e"~ . Chairman Fife suggested adding "The food available for ordering shall be substantially the same items as are available most of the time the restaurant is open" . Commissioner Dahlman pointed out the condition says "full menu" . . 27 - All out(loor dining areas $hall be $nclQSed by a wall of a de.siqn and he.ight satisfaotory to the Plannin9 Commission. Chairman Fife asked if the term "wall" weren't too restrictive and suggested "wall, fence or barrier system". Mr. Whittenberg suggested "enclosure". Commissioner Dahlman suggested "surrounded by an enclosure". . 29 - Off-Sale liquor establishinents may sell o~ stOi:e gasoline or diesel fuels on the same premises as alcoholio beYe~aqe$ i subj ect to approval of a oondi tional use permit .<<. . . Commissioner Dahlman indicated to staff that the feeling of the Planning Commission and the City Council is that they would prefer not allowing any association between the sale of gasoline and diesel fuel and the sale of alcoholic beverages. He indicated the verbiage in this conditions was necessary because of state law. He asked . . . Page 7 - PIannmg COlIUWBBIOO Mmutes of November 18, 1992 if this has been tested in other cities? Mr. Whittenberg said yes, it he believed it has been tested and upheld in the courts. Mr. Colantuono said state power on the subject of alcohol licensing is clear. The provisions regarding alcohol licensing appear in Amendments #18 and #33 to the U.S. Constitution and also the State Constitution. Commissioner Dahlman said state law does not allow the City to prevent food marts from selling liquor. MOTION by Sharp; SECOND by Law to request staff to make the changes as stated and bring the Planning Commission a final copy for review at the December 9th commission meeting. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Sharp, Law, Fife, Dahlman orsini *** MOTION by Sharp; SECOND by Dahlman to consider out of order Agenda items #15 and 16 followed by #s 11, 12, 13 and 14. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Sharp, Dahlman, Fife, Law Orsini Ms. Fillmann notified the Chairman that applicant Pasta Grotto has requested to be moved forward on the Agenda because they have to get back to their business as soon as possible. The Commission agreed to hear items #15 and #16, then poll the audience as to who is hear for the Height Variations and perhaps take Pasta Grotto out of order. 15. Height Variation #92-40 404 Ocean Avenue 16. Height variation #92-41 117 4th Street Staff Report Mr. Whittenberg presented the staff reports. [Staff reports on file in the Planning Department]. Both applications are submitted pursuant to Ordinance No. 1322, which established new development standard criteria for covered roof access structures (CRASs). The CRAS at 404 Ocean is 57.6 square feet; the new standards would permit 38.25 square feet. The CRAS complies with the . . . Page 8 - PIannmg CommtsSIOI1 Mmule8 of November 18,1992 original plans; no modifications to the structure are deemed necessary. The CRAS at 117 4th street is 49 square feet; the new standards would permit 42.25 square feet. This CRAS is compatible with the neighborhood. commission Comments The Commission had no comments. Public Hearinq on Height Variation #92-40 The applicant, Jack Haley, was not present. No one wished to speak in favor of or opposition to this application. The Public Hearing was closed. MOTION by Dahlman; SECOND by Law to approve Height Variation #92-40 by the adoption of Resolution No. 92-72. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Dahlman, Law, Fife, Sharp orsini Public Hearing on Heiqht Variation #92-41 The applicant, Bruce Bennett, spoke application, adding there are windows on CRAS and windows in the door. in favor of his three sides of his No one wished to speak further in favor or in opposition to this application; the Public Hearing was closed. MOTION by Dahlman; SECOND by Sharp to approve Height Variation #92-41 by the adoption of Resolution No. 92-73. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Dahlman, Sharp, Fife, Law orsini ... Chairman Fife polled the audience, but no one was present for the other Height Variations. MOTION by Dahlman; SECOND by Sharp to temporarily set aside the advancement of the remaining Height Variations and consider CUP #91-17 for Pasta Grotto. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Dahlman, Sharp, Fife, Law Orsini . . . Page 9 - PIannmg C0II1DWJ8lOll Mmutes of November 18, 1992 5. Conditional Use Permit #91-17 117 Main street * Pasta Grotto Restaurant staff Report Ms. Fillmann presented the staff report. [Staff report on file in the Planning Department]. The applicants are requesting an indefinite extension of CUP #91-17 for an on- sale beer and wine license at Pasta Grotto restaurant. The applicant, Antoinette Ricci, requests a change of hours. commission Comments Commissioner Dahlman clarified the hours requested: 10:00 a.m. to 10:00 p.m. Week-days 10:00 a.m. to 11:00 p.m. Friday and Saturday nights Mr. Whittenberg indicated the Public Hearing Notice did not indicate the purpose of the Public Hearing was also to extend the hours and the Commission cannot consider the extension of hours tonight. He recommended the Commission continue CUP #91-17 and instruct staff to readvertise to also include the request for modification of hours. Public Hearing Antonia Ricci * 117 Main Street * Pasta Grotto Mrs. Ricci introduced herself as an owner of Pasta Grotto restaurant. She said she wanted the hours to be 11:00 a.m. to 11:00 p.m. (not 10:00 p.m.). They want the hours extension in the evening to allow patrons time to finish their meals. The Commission explained her options regarding readvertising and Mrs. Ricci said she did not mind if her request was postponed to allow inclusion for the modification of hours. MOTION of Dahlman; SECOND by Sharp to continue the Public Hearing on Conditional Use Permit #91-17, instruct staff to readvertise the Public Hearing to include modification of hours, to the December 9th Planning Commission meeting. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Dahlman, Sharp, Law, Fife Orsini *** Page 10 - Planntog COOlIIllSBIOII Mmutea of November 18, 1992 . 11. Height variation #92-29 * A-l09 Surfs ide 12. Height variation #92-37 * 325 16th street 13. Height variation #92-38 * 252 16th street 14. Height variation #92-39 * 254 16th street staff Renort Mr. Whittenberg presented the staff reports. [Staff reports on file in the Planning Department). The CRAS at A-109 Surfs ide is eleven years old and is 95 square feet. This was approved by the City, constructed in accordance with plans and received final inspection in July of 1981. Current standards would allow a 42.25 square feet. The CRAS at 325 16th is 94.5 square feet and current standards would allow a structure no larger than 38.25 square feet. It was finaled in July 1991. It is 4~ feet higher than allowable in that location. The CRASs at 252 and 254 16th Street are identical in design, both are 102~ square feet in area and current standards would allow them to be 48.25 square feet. Both are 4~ feet higher than the zone's allowable height. . All these structures were constructed legally, with building permits. As they currently exist they are in accordance with the approved building plans. Staff recommends approval in their current configuration without modification. commission Comments commissioner Dahlman was concerned all these CRASs are twice the size of the current guidelines. Mr. Whittenberg said that's because of their stairwell configurations. . Chairman Fife asked about the reality of amortizing non- conforming CRASs, requiring redesign or reconstruction of an existing structure. Mr. Whittenberg said staff's concern would be unpermitted modifications to the original structure which had been approved through plan check with building permits issued and inspections done. Staff's basic intent is to assure the structures are compatible with the neighborhoods. In most cases this relates to the roofing material and siding treatment. In some cases, the possibility may include providing additional windows if the structure is ~olid and blocks a view. None of the CRASs reviewed to date have dealt with such a situation. Approximately one hundred- twenty (120) CRASs were identified. The first ninety (90) reviewed complied with City's new criteria per Ordinance No. 1322. Those CRASs met all the previous criteria plus the new criteria. The remaining thirty (30) to thirty-five (35) CRASs do not comply with the new criteria. Chairman Fife asked if . . . Page 11 - PIannmg ComnuSBIOD MInutes of November 18, 1992 a CRAS, made larger by the style of stairway, would ever be required to minimize the stairway? Mr. Whittenberg said that would not be appropriate unless there was the capability of using a portion of that area for increased living space within the unit itself. Staff's major concern is the exterior appearance of the CRASs to assure compatibility with the structure itself. Public Hearinq Heiqht Variation #92-29 * A-109 Surfs ide Laura Hinrichs, the owner, spoke in favor of approving her application. She indicated her CRAS was built without windows and was existing when she purchased the property. She detailed the surrounding residences and how her CRAS would not block their views. No one wished to speak in opposition and the Public Hearings were closed. MOTION by Sharp; SECOND by Dahlman to approve: Height Variation #92-29 Height Variation #92-37 Height Variation #92-38 Height Variation #92-39 * A-l09 Surfside * Resolution #92-68 * 325 16th st. * Resolution #92-69 * 252 16th st. * Resolution #92-70 * 254 16th st. * Resolution #92-71 through the adoption of the resolutions indicated above. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Sharp, Dahlman, Law, Fife Orsini *** 4. Minor Plan Review #91-19 1101 Pacific Coast Highway Staff Report Mr. Whittenberg delivered the staff report. [Staff report on file in the Planning Department]. The applicant, the City of Seal Beach, is requesting Planning Commission reconsideration of the City's approval of recycling machines by pavillion's store at 1101 Pacific Coast Highway. Mr. Whittenberg indicated staff has contacted the Department of Conservation and Recycling for an exemption to remove the recycling machines to an alternate site. The State has indicated they have not granted an exemption for an established recycling facility; that would be almost impossible. The City will meet with Pavillion's and Envipco regarding the exemption process. Page 12 - PIannmg ComnussIOll MmUtes of November 18, 1m . The state requires tourist destinations to have recycling facilities to facilitate visitor's being able to recycle easily. staff recommended two options to the Planning Commission: (1) continue the Public Hearing to a date certain (60 days) or (2) table this issue to allow staff to continue working with the City's Police Department and the state to get further information and report back to the Commission. . Chairman Fife indicated the Commission made a finding that the recycling machines do constitute a public nuisance. Chairman Fife said there's a greater level of violence and this incurs a greater level of costs. The shopping center cannot throw up its hands and say it's a police problem. Mr. Whittenberg indicated staff cannot give the Commission a clear indication of when the critical hours are. The testimony at the last meeting indicated the incidents occurred at 11:00 a.m., 3:00 p.m., 5:00 p.m., 6:00 p.m. The Police Department reports will show the date of the incident, the type and the time of the incidents. That would provide the Commission, if deemed desirable, a basis to further condition Minor Plan Review #91-19 with additional security measures. Commissioner Sharp said Pavillion's is the only place in Seal Beach with recycling machines. There are no machines at Leisure Market. Lucky's used to have a truck in the loading area but it isn't there because the Rossmoor Center didn't allow it. He was told Rossmoor Center has an exemption that they don't have to have recycling in that area. Mr. Whittenberg said there is an exemption zone for the Lucky's market in the Rossmoor Center. There's an over- lapping zone for another facility in the City of Los Alamitos and the State granted an exemption for Rossmoor Center. The next closest convenience zone to Pavillion's is in Long Beach. The zones don't overlap. Commissioner Law asked staff to research why the recycling machines break down so frequently. Mr. Whittenberg said he would research the facts at the meting with Envipco. Mr. Whittenberg said he felt the Commission didn't have enough information to support taking an action at this time. Commissioner Sharp said the Commission doesn't need any more Public Hearings on this issue, they know the recycling machines are a nuisance. . Page 13 - PIannmg Comouss'OII MInutes of November 18,1992 . MOTION by Sharp; SECOND --- to table Minor Plan Review #91-19 until staff has the Police Department and State information. Staff is instructed to readvertise. MOTION FAILS FOR LACK OF A SECOND. *** MOTION by Fife; SECOND by Law to continue the Public Hearing on Minor Plan Review #91-19 to a date certain, but within sixty (60) days. commissioner Dahlman asked Mr. Whittenberg if the state had ever denied an exemption to a site with a recycling facility? Did that ever happen when the City had found there's a public nuisance and a threat to health and safety? Mr. Whittenberg said the state indicated they have had a couple of exemption requests for currently served convenience zones and those were not approved. They were basically the same type of problems Seal Beach is experiencing. commissioner Dahlman said there is no choice, the machines must go, it's a threat to health and safety. Staff will continue to press this issue to justify the City's position. . Mr. Whittenberg said this hearing could be continued to a date certain for the purpose of clarifying the level of incidents, the type of incidents, the time of incidents from the Police Department with a resolution then being prepared formally stating the City's finding that the current situation is a nuisance and providing the necessary backup data to support that in the resolution. This would not require additional Notice of the Public Hearing. The information from the previous Public Hearing and the additional information from the Police Department would be incorporated in the resolution. In addition, staff would proceed, as a separate issue, the exemption application process to the State and report back to the Commission. . Chairman Fife said the Commission had adequate testimony and evidence to make the finding that the recycling machines are a public nuisance. He didn't feel the Commission needed to entertain further evidence to make a finding strong. He thought the principal purpose of the continuance was to explore whether in view of the finding of nuisance and hazard to public safety the state's general hostility to exemptions might be mollified and accounted for. The point is this particular site plus the manner in which the recycling is operated is a danger to pUblic health, safety and welfare. Mr. Whittenberg said the State was not receptive to that line of argument. If the Commission does not desire further research, staff will present a resolution at the next meeting re the revocation of this facility. Chairman Fife said Page 14 - PIaonmg ComnusslOll MmUtes of Novcmbcr 18,1992 . further research would be helpful to identify the most productive means of attacking the problem which may incl~de admonishing the market operating that he has a problem Wh1Ch is a danger and they must do something about it. Commissioner Dahlman said without further research it could leave the market in the middle and that's not the intent. He said strongly that he did not want to drag feet or continue this matter to an indefinite future time as if it were so far away it wasn't cared about. Mr. Whittenberg said the research could be done and a resolution prepared within sixty (60) days. He felt the state might be more receptive to the exemption application packet if there was a City resolution indicating the problems that do exist, they are creating definite problems to the community regarding health, safety and welfare. And because of this the city has determined not to allow the machines to operate at that location. Chairman Fife asked how the Police Department information could be presented in order to become part of the Record? Mr. Colantuono said the Planning commission is entitled to receive documentary evidence in a variety of forms, the technical rules of evidence don't apply. . Mr. Whittenberg recapitulated the options available to the Commission: (1) require additional modification to previous approvals (security, relocation on the premises); (2) deny the Minor Plan Review totally based on testimony received and a Police Department report and preparation of a final resolution within sixty days; (3) table the matter to allow staff, Pavillion's representatives, and Envipco representatives to further discuss the issue with the state, prepare the exemption application. staff would then report back to the commission. The market must prepare the application for exemption, the City will assist with provision of background and/or technical information. Commissioner Dahlman asked for the current hours. Mr. Whittenberg stated the current hours are available twenty-four (24) hours a day; as long as they operate. The state requires thirty (30) hours minimum a week with five (5) hours on the week-ends. When the machines are not operating or are inoperable, there must be the capability to recycle either within the store or they must post the recycling machines and the store with specific hours when recycling can occur. . Commissioner Dahlman asked if there was a city requirement within their approved Minor Plan Review mandating Pavillion's to operate more than the minimum number of hours? Can Pavillion's reduce the number of hours on their own? Mr. Whittenberg said Pavillion's could cut down the hours on their own. Their approved Minor Plan Review allowed the Planning commission to view the location of the equipment to ensure it didn't cause problems. The equipment has caused problems and . . . Page 15 - P1annmg COOIDllBBIOO Mmutea of November 18, 1992 the Commission has the authority, under the Minor Plan Review process, to modify the approval to eliminate the problem. One way may be to reduce the hours although the public testimony has shown that may make the problem worse. commissioner Law asked if the recycling machines were not working, would the store have to take the cans and bottles? Mr. Whittenberg said his basic understanding is that if the machines were not working, the market needs to make arrangements to accept the material, whether it be inside the market or a temporary trailer come in and provide the service. The market could refuse when their interior collection areas are overloaded. commissioner Sharp asked why would the market be required to accept cans and bottles outside the thirty required hours? Mr . Whittenberg said the thirty hour requirement was for locations where there were no automatic vending machines. Mr. Colantuono said to have a recycling center you must make recycling available thirty hours per week, at least five of which are on the week-end. If you don't have this, you must accept the recyclables in the store or pay a fine of $100 per day. If your machines are broken down so frequently that you don't meet the thirty hour standard you would be subject to the $100 per day fine. Commissioner Sharp said he hated to see a set date of thirty or sixty days because of the holidays and people taking time off. He said the staff was conscientious and would get the report back to the Commission as soon as possible. He felt tabling this matter would be best. Mr. Whittenberg said staff would be comfortable with coming back to the Commission with a status report on January 20, 1992. MOTION by Fife; SECOND Sharp to continue Minor Plan Review #91-19 and the Public Hearing to the January 20, 1993 Planning Commission meeting with the expectation that staff will have a report detailing further factual evidence on which a finding of public nuisance might be supported and further specific factual evidence about possible methods of dealing with the problem if a State exemption is not available. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Fife, Sharp, Dahlman, Law orsini *** . . . Page 16 - P1annmg ComnusS10ll MInutes of November 18, 1992 9. Conditional Use Permit #92-10 121 Main street * Irisher staff Report Mr. Whi ttenberg indicated Mrs. Campregher, owner of the Irisher, has requested this matter be continued to the January 6th Commission meeting because her husband is ill and cannot attend tonight's meeting. Chairman Fife asked for an audience show of hands for persons wishing to speak about CUP #92-10; about six persons raised their hands. RECESS: Chairman Fife called a recess from 9:25 p.m. to 9:37 p.m. 6. Conditional Use Permit #92-20 148 Main Street * John's Food King staff Report Ms. Fillmann delivered the staff report. [Staff report on file in the Planning Department]. The applicants, Donald and Sharon Davis, are requesting an after-the-fact approval for CUP #91-20 for an off-sale beer and wine license to sell alcohol at John's Food King. The applicants are requesting their hours be 6:00 a.m. to 2:00 a.m. daily. This application requires 29 parking spaces. It shares, by lease agreement, a parking lot directly across Main street from the market, with Papillon's restaurant. The parking lot has 19 parking spaces of which John's Food King rents 13 spaces and Papillon's has 6 parking spaces. commission Comments commissioner Dahlman asked about the shared parking agreement, asking staff if they were aware of this agreement? Mr. Whi ttenberg said yes. He asked if six spaces was enough parking for Papillon's? Mr. Whittenberg said both Papillon's and John's Food King are short of parking; they have a shared- parking lease agreement. That parking lot does not meet, in total, the requirements for either establishment. The rest of their customer parking is on-street at Main street or side streets. Many of the Main street business don't have parking. commissioner Sharp said daytime hours are busy for the market and evening hours are busy for the restaurant. The shared parking should work fairly well. commissioner Dahlman asked staff if progress has been made on the shared parking study? Mr. Whittenberg said no. Chairman Fife said the basis on which Papillon's original CUP (CUP #89-2) was approved for a restaurant. They had shared parking and a minimal overlap of busy hours. He said this Page 17 - PIannmg COO1lI1JBSIOO Mmutea of November 18,1992 . issue must be re-discussed if either of these businesses wants to change their hours because the Commission approved that CUP under a specific representation as to the respective operating hours. Public Hearinq Donald Davis * 109 Electric Avenue. Seal Beach Mr. Davis introduced himself as the operator of John's Food King. He said he has read all conditions of approval and agrees to them. Regarding condition #6, Mr. Davis concurred with no lighted window signs and no advertising of specific brands of alcohol. He asked about displaying his newspaper ads which would advertise beer and wine. Chairman Fife said a newspaper copy of a weekly ad is not a sign and would be allowed to be displayed outside the store. . Regarding condition #21, Mr. Davis asked about banner advertising. He said various City groups (Lions Club, fund raiser drives, Save-the-Pier) want to post banners on the building for coming events. Mr. Whittenberg said condition #21 would only apply to alcoholic beverage sales, it would not impact other types of banners advertising community special events. Chairman Fife was concerned about the shared parking lot and asked why the maximum hours are being requested. Mr. Davis said he closed at 9:00 p.m. in the summer and 8:00 p.m. in the winter. Mr. Davis said he was applying for the 6:00 a.m. to 2:00 a.m. hours because "We're a little gun-shy, what we've seen recently before the Commission with other businesses on Main Street. We've enjoyed nearly 50 years of unregulated use on our premise and we've been a good neighbor. Beer and wine simply represent two of our more than 5,000 products that we do carry. And we never know what's going to happen in the future. Many times various groups will come to us and ask us to open early " Chairman Fife said he would agree with those statements if there weren't a shared parking arrangement. CUP #89-2 was approved based on representations by the land owner that the respective hours were such that "... shared parking was not a myth, but was a practical reality there". Shared parking would be a problem if John's Food King were open to 2:00 a.m. Mr. Davis said he is paying rent for 13 lot parking spaces 24 hours a day. . Commissioner Sharp indicated the parking lot is controlled during busy hours; an attendant is present. He said he didn't Page 18 - PIannmg ComoussIOl1 MInutes of November 18, 1 m . see a problem granting the 2:00 a.m. request because he felt there would not be much business after 9:00 p.m. Chairman Fife said he wanted to head off any conflicts at this time. Nineteen spaces for two operations of that level is not much parking. Mr. Davis said the hours now are competitive. The market competes with the Church on Sunday mornings. The market allows the church to have lot priorities and the market's customers have to use the street or the Bank of America parking lot or other places for the hour the church is having service. commissioner Dahlman said parking is regulated for the benefit of all merchants. The market could not unilaterally rent out their parking and continue to stay open. It would be different if the market would close and let someone use their parking. Mr. Davis said they don't sublet their parking because that would be a violation of his lease. . Chairman Fife said when the Commission approves a shared parking arrangement based on the representation that there will be not conflict of hours of the respective businesses, it presents a problem when one of those businesses wants to change their hours of operation. When CUP #89-2 was presented to be a restaurant the landlord made the representation that John's Food King closes at 9:00 p.m. and Papillon's business starts to increase at that time. "The basic operating parameters of our original approval have now been undone. Now who suffers? You? Papillon's? The landlord? I don't know". Mr. Davis said the landlord has had the lease with John's Food King since 1986 and the lease is very specific. The market's hours of operation are not governed by the lease and the parking is provided by the lease. Chairman Fife said he voted for CUP #89-2 because of the strong representations on the part of the land owner that there would be no substantial conflict of hours. . Commissioner Sharp said CUP #89-2 was thoroughly discussed by the Planning Commission. Mr. Curtis said Papillon's applied for a variance (Variance #89-2) from the parking requirements. Part of the approvals tied into the hours through CUP #89-2. However, the hours for John's Food King were only discussed at the hearing by the attorney for the property owner/landlord. The market's hours were not tied into CUP #89-2 or VAR #89-2. Chairman Fife said it was the landlord's representation was that the parking would be shared was not satisfactory to him and he wanted some form of legal enforcement -- a cross leasing of the parking lot or a cross easement for parking; it was his understanding that this was done. Mr. Whittenberg said two separate Variances were granted on parking Variance #84-15 (provision of fewer than required on-site parking spaces) and Variance #89-2 (provision of fewer than Page 19 - Plannmg COlW111S8I011 MInutes of November 18, 1m . required on-site parking spaces in conjunction with a new restaurant). staff would have to research the two resolutions for the terms. Mr. Davis objected to an hours restriction on his business when he pays rent for the parking on a 24 hour basis. Chairman Fife explained all CUP's related to alcoholic beverage sales have restricted hours. Nader Tahvildari * 143 Main street. Seal Beach * Paoillon's Mr. Tahvildari spoke in favor of this application, saying there will be no conflict between his restaurant and the market. He stated 70% - 80% of his customers are local residents and walk to the restaurant. The lot is never full with only the restaurant and market parking. Approval of CUP #89-2 acknowledged his use of 1/3 of the parking lot. He has met his parking requirement through paying in-lieu parking for eleven (11) spaces. He has provided seven (7) spaces for the Coastal Commission on a private lot. . The following people spoke in opposition to this application. David Rosenman * 208 8th Street. Seal Beach Dr. Rosenman said this application is an intensification of use. He said the proposed late night hours would attract " . .. a different clientele and we're going to have a whole category of different problems on Main Street". He said the City has major in-lieu parking problems and recommended staying with the market's current hours. Mitzie Morton * 153 13th Street. Seal Beach Mrs. Morton said she is concerned about having Main Street busy to 1:00 a.m. Regarding the parking, she stated she tried to shop at John's Food King at 7:15 p.m. tonight and the parking lot was filled and there was no street parking. She felt John's Food King should have the opportunity to stay open later because they pay for the 13 parking spaces in the lot. Their customers are entitled to park in this lot. She said she had not thought about a remedy but the Commission has taken action on Papillon's and this can't be reversed. She felt the Initial study should be done before the Commission extends hours and grants entertainment. Mr. Whittenberg said Planning Department staff was unable to get a report to the City Council regarding the moratorium. The City Council will receive staff's report at the December 14th meeting. . Reva Olsen * Seal Beach rNo address qivenl Ms. Olsen said the Commission should not issue any intensification of uses until the in-lieu program is done properly. She said this was not done properly, the City is Page 20 - PIannmg CoouruSSlOO Mmutes of November 18, 1992 . not complying with CEQA laws, there are many inconsistencies and urged the Commission to read Resolution #1351 and then check the in-lieu parking spaces. The in-lieu spaces should be covenanted on the property, recorded with the land. She said the City is "... sitting on a time bomb". She suggested the Commissioners read the Minutes from 1984 and read what Charles Antos said. . Mario Voce * Seal Beach rNo address qivenl Mr. Voce asked for a status on the Local Coastal Program. Mr. Whittenberg explained the City prepared a LCP and it was not approved by the Coastal Commission. They had concerns on the document's provisions. Surfs ide and the Hellman Ranch were "white holed", meaning there was no plan for those areas. Surfside had no plan due to litigation over an emergency permit for revetment in front of the Surfs ide community to protect it from storm damage after the 1983 storm. The Coastal Commission required a follow-up permit to require lateral access from Pacific Coast Highway through Surfs ide for public access to the beach. This issue was litigated extensively and was resolved in late 1991 or early 1992 at the State's supreme court level. The Hellman Ranch property is still white holed. The last discussion between City and Coastal Commission staff indicated the Coastal Commission preferred to wait until the City can resolve the Hellman Ranch area and come back to the Coastal Commission with a complete plan. The Hellman Ranch property owners considered funding a Specific Plan for that area but withdrew that idea. Mr. Voce asked how would the Initial Study tie in with the LCP? Mr. Whittenberg said this is off the present topic but that effort would be a new base information system to revise the 1986 LCP. The information from the Initial Study would be utilized and any further environmental information to update the Land Use Element of the LCP. That entire package would be presented to the Coastal Commission. Mr. Voce urged a moratorium on further intensification of uses. He said the City should follow a planning process instead of " ... the hodge podge CUP process that we're stuck in now, which dooms everybody to have to come here every time they want to a voice an opinion one way or another about extension of hours, intensification and other issues related to late night intensification especially". . Applicant Rebuttal: Mr. Davis said that in addition to the 13 parking lot spaces, the market rents three (3) off-site spaces in the City's municipal lot for their employees. He said he was willing to amend the hours requested for this CUP. He does not want to be bound by his current hours. He wants some flexibility. Page 21 - Plannmg COmmWIIOIl Mmutes of November 18, 1992 . commissioner Sharp pointed out that the market has been operating for 50 years without regulations. Most of the applications coming before the Commission have had hours that they have had to extend. The current hours are established by the customer's desires. He had no problem with granting the 6:00 a.m. to 2:00 a.m. hours. Chairman Fife said he had no problem with earlier opening hours but he would have voted differently on CUP #89-2 if representations had been made that the market's hours could change. He sensed that the landlord comes through with one application, gets that through, and then comes back with another application. He said he operated under the assumption that a store would operate to the full limit they were allowed to operate. "Businesses up and down Main Street have a right to operate over a pattern of hours that could produce severe conflicts. And the City will find out those conflicts by accident basically we would have allowed this by unrestricted opening hours". He said he was not inclined to vote for CUP #92-20 because there is no basis to change the hours. He would vote if the hours were amended to 6:00 a.m. to 9:00 p.m. That would be without prejudice to the applicant's later request to stay open to 10:00 p.m. . commissioner Dahlman said he had no problem with 6:00 a.m. opening. The end result of blanket "grand fathering" is an uneven situation. He said "I don't think the purpose of City government is to preserve the advantage of somebody who is here first forever. They should see to a smooth transition that doesn't really hurt anybody. But otherwise, planning is meaningless. We might as well just all go home and let everybody do what they want. The people of town have said, here's what your code is and here's the number of parking places you need for this particular use. Eventually everybody needs to comply... ". He could not support an extension of the use until the Commission knows more about what the City Council wants to do on intensification of uses on Main Street. He would agree to 6:00 a.m. to 9:00 p.m. . Mr. Davis said he could not reverse history but the landlord was, in 1989, representing another one of their tenants. Mr. Whittenberg stated that only the property owners were notified of Papillon' s application, so probably Mr. Davis was not notified. At that time there wasn't even an idea that the market would have to get a CUP or have to be concerned about hours of operation or the market's ability to practice business in the free enterprise system. He said "I would be willing to modify my request (to) 6:00 a.m. to 10:00 p.m., which is I think, more than compatible with all the hours you have on Main Street where alcohol is available now". Commissioner Dahlman said a level playing field dictates that John's Food King should be able to be open to 2:00 a.m. or Page 22 - P1annmg COIIURa/II011 Mmutes of November 18, 1992 . even all night like Pavilions. The only problem is the market doesn't have the parking and neither does anybody else in the area. There's a congestion problem. Mr. Davis said he understood the City to state he has met his parking requirement, otherwise he would be required to pay in-lieu parking fees. Commissioner Sharp said the city is stepping out of bounds to restrict the hours of John's Food King. There are four large grocery stores in the city. pavillion's and Lucky's are open 24 hours and Leisure World Market is open at 9:00 a.m. to 6:00 p.m. as demanded by the patrons uses. Mr. Colantuono said comments had been made suggesting this application is an intensification of use within the meaning of CEQA. A legal distinction is drawn, John's Food King is a previously existing use, the Planning commission is not amending a Conditional Use Permit, they are issuing an initial use permit to someone who has a legal nonconforming use. From a legal perspective, John's Food King presently has the right to operate 24 hours per day. Imposing a CUP which limits the market to 16 hours per day is not an intensification of use. This makes a difference to the City's CEQA analysis and to the Commission's considerations. . Commissioner Dahlman said his comments were meant to the cumulative impacts of what is going on in the 100 block of Main Street amounts to an intensification of use as was communicated to the Commission by a representative from Ball - Hunt. "I have never said that this particular use should not be exempt" he said. Mr. Colantuono said his legal interpretation of CEQA shows this can not be a cumulative impact because the Commission is not expanding hours. The Commission is reducing rights not increasing rights. From a legal perspective this application can't be part of that pattern. However, there may be legitimate policy concerns. commissioner Dahlman said there isn't sufficient parking to expand the market's hours unless parking is taken away from Papillon's or provided elsewhere. . commissioner Sharp said the issue is not parking in this application; this applicant has the required parking. The issue is taking away something that he has already had, which is the right to operate 24 hours a day. Because the City has required Mr. Davis to come in for a CUP because he is selling beer and wine the Commission is going to tell him he no longer has the right to do what he's been doing. If Mr. Davis runs a grocery store and wants to succeed he had better sell beer and wine because the won't get the patrons to shop there. The . . . Page 23 - PIannmg COOllDJB8I00 MmutcB of November 18, 1992 commission does not have the right to take away any of the privileges he had before coming in for this CUP. He has never had any problems. "I don't think we have the right to do it". commissioner Dahlman said "At some time in the past, somebody gave away his evening parking hours and that evening parking belongs to Papillon's". Commissioner Sharp disagreed, saying no one can give away the market's parking. The market still has its parking 24 hours a day. The concept to approve CUP #89-2 was the fact that it was in a shopping area which had offices closed at night while the restaurant was busy. The Commission can't use that concept because it's not legal. Commissioner Dahlman asked staff if John's Food King was non- conforming due to parking? Mr. Whittenberg said the property is non-conforming due to parking, the property is considered to be legal non-conforming because the building was built prior to the City's adopting parking standards. The City didn't have a requirement for a specific number of parking spaces based on the size of the structure when it was built. The City now has those standards and the building doesn't comply with those standards; it is legal non-conforming. The site does provide some parking but not the total number of spaces required to meet today's current standards. MOTION by Sharp; SECOND by Law to approve CUP #92-20 as presented, through the adoption of Resolution No. 92-62. MOTION FAILS: AYES: NOES: ABSENT: 2 - 2 - 1 Sharp, Law Fife, Dahlman Orsini MOTION by Dahlman; SECOND by Fife to approve CUP #92-20, with the following provisions: (1) The hours of operation to be 6:00 a.m. to 9:00 p.m. daily. (2 This is granted without prejudice to allow the applicant to reapply for a modification in hours without paying the application fees. (3) The conditions of approval will be modified to comply with the modification discussed to date. MOTION FAILS: AYES: NOES: ABSENT: 2 - 2 - 1 Fife, Dahlman Law, Sharp Orsini . . . Page 24 - PIannmg CommtSSlOll Mmutes of November 18, 1992 Commissioner Dahlman asked Mr. Davis if he would like to amend his hours at this time? Mr. Davis said he wants the hours of 6:00 a.m. to 10:00 p.m. MOTION by Dahlman; SECOND by Fife to re-open the Public Hearing for the purpose of continuing Conditional Use Permit #92-20 to the January 6, 1993 Planning Commission meeting. MOTION CARRIED: AYES: ABSTAIN: ABSENT: 3 - 1 - 1 Dahlman, Fife, Law Sharp Orsini *** 7. Conditional Use Permit #92-9 1300 Pacific Coast Highway * Mobil Gasoline station staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department). This is a request by G & Moil Company, Inc. for a CUP to operate between the hours of 2:00 a.m. and 6:00 a.m. He corrected typographical errors in the staff report. He indicated a sixth condition of approval should be added stating the filling operations would not be permitted between the hours of 2:00 a.m. and 6:00 a.m. and no outside maintenance or painting would be allowed during those hours. Commission Comments There were no Commission comments. Public Hearinq The applicant was not present and no one in the audience wished to speak for or against this application; the Public Hearing was closed. MOTION by Sharp; SECOND by Dahlman to approve Conditional Use Permit #92-9, through the adoption of Resolution #92-46, with the addition of a sixth condition of approval that there will be no resupply of underground fuel storage tanks and no outside maintenance of the building or grounds between the hours of 2:00 a.m. and 6:00 a.m. . MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Sharp, Dahlman, Fife, Law orsini *** Page 25 - PIaontng COII1Dl188I00 MInutes of November 18, 1992 . 8. Proposed Negative Declaration #92-5 Base of Water Tower @ 1 Anderson street staff Report Mr. Whittenberg presented the staff report. [Staff report on file in the Planning Department]. The applicant, Jeff Overeem, requests to build a quick lube/car wash at the base of the Water Tower. This is a Public Hearing to receive testimony regarding proposed Negative Declaration #92-5. Mr. Whittenberg stated for the Record that he had one letter regarding the proposed Negative Declaration from Virginia Strain, 16332 N. Pacific Avenue, Sunset Beach. Ms. Strain feels the application will impact traffic and the signage lighting and the initial study inadequately addresses these areas of concern. commission Comments There were no Commission comments. Public Hearinq . Bill padea - Surfs ide [No address qivenl Mr. padea spoke in opposition to the proposed Negative Declaration, saying the project will have significant impacts on Pacific Coast Highway and Anderson Street. Regarding the traffic studies, the 288 trips per day generated by this application will make it even harder to cross Pacific Coast Highway. Regarding merging of vehicles on and off the property, groups of bicyclists will have go right past that intersection. Signs on PCH designate Anderson Street as a public beach access; this involves more traffic. Anderson Street is also an entrance/exit for many Surfs ide residences. When people leave Surfs ide and want to go north on PCH they use Anderson Street to turn left because they can't turn left out of the Surfs ide entrance. Mr. Padea stated he is the owner of two automobile dealerships in Phoenix and Los Angeles. He said he has expanded his service facilities because 80% of his Saturday business is quick service oil changes. Due to this application cars will be stacked/backed up on to Pacif ic Coast Highway because this location is a confined area. Aesthetically, this application will effect the "B" row Surfside residences. Their view is based toward Pacific Coast Highway. Their patios face Pacific Coast Highway. There is 27 feet between a resident's patio and the quick lube/car wash. The second story of the quick lUbe/car wash would block the view of those houses. He asked if he could bring in a report from the California Highway Patrol and the Sheriff Department showing the highest incidence of accidents between Seal Beach Boulevard and Warner Avenue is at Pacific Coast Highway and Anderson Street. Mr. Whittenberg said yes, at the Public Hearing on December 9th. . Pagc 26 - PIannmg ComnuSSIOO MInutes of Novcmber 18, 1m . Mr. Padea talked about the Water Tower's substructure, asking how a locally recognized historical landmark is not of particular significant interest. Mr. Padea said he didn't know what he would like to see built on this site, a medium between businesses and residences. Mr. Whittenberg said staff's view was that, as you are driving south on Pacific Coast Highway from Seal Beach, is that you will basically not see the Water Tower's substructure because of the second story residential blockage of Noel's restaurant. It is already blocked to a certain point. Then, this structure" would, in fact, really not impact that currently blocked view of the substructure of the Water Tower". Mr. Padea said the Surfside "B" row residents only have one view, and that faces Pacific Coast Highway. To build a two-story structure 27 feet from their patio would be a big concern and would effect property value. Mr. Whittenberg said staff had focused on the main visibility corridor of Pacific Coast Highway and they had not focused on the residential views. Staff will review and discuss this further at the next Public Hearing. . Jeff Overeem * 2176 Sycamore Canyon * Santa Barbara. CA Mr. Overeem addressed the 27' distance between the residences and the car wash. There is a road between his property and the houses that would add another 20' distance. The building will be 57' wide and would block the view of one or two residences. He felt the 288 trips per day figure from the staff report was extremely high, stating an average quick lube does fifty (50) cars per day and the car wash at the detail shop did twenty (20) cars per day. He is looking at an average of 85 cars per day. . Commissioner Sharp asked if Mr. Oyereem's proposed carwash would do the detail shop's washing? Mr. Overeem said yes. Regarding car stacking, for the quick lube it will be two deep. There is room through the easement for the stacking of two additional cars, or four deep. He said people will not wait in line 45 minutes for a 10 minute oil change; they will come back at another time. He said if the residents are concerned about noise from the quick lube, they will construct a wall at the back of the property. Regarding cars crossing Pacific Coast Highway, 90% of them will go through the stop light at Anderson Street and this won't cause accidents. He said he could line up ten (10) cars on Anderson Street. The cross street is the exit from Surfs ide and has a controlled gate. The traffic light changes about every three or five minutes and therefore he wouldn't get cars stacked up at that point. It takes about three or four minutes to go through the car wash. Regarding the sharing of parking between the second story offices and Noel's restaurant, his car wash/lube will be open from 7:00 or 8:00 a.m. to 7:00 p.m. The second story . . . Page T7 - PIannmg ComnusSIOO MInutes of Novcmber \8, \992 offices will have lease restricted hours. He explained the offices are approximately 1300 square feet and would be divided in half. He would retain half for his bookkeeping. MOTION by Sharp; SECOND by Law to receive and file proposed Negative Declaration #92-5 and continue the Public Hearing to the December 9, 1992 Planning commission meeting. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Sharp, Law, Fife, Dahlman orsini *** 9. Conditional Use Permit #92-10 121 Main Street * Irisher staff Report MOTION by Sharp; SECOND by Law to continue Conditional Use Permit #92-19 to the December 9th Planning commission meeting. MOTION WITHDRAWN to allow public testimony. staff Report Mr. Curtis presented the staff report. [staff report on file in the Planning Department]. The applicants, wilma and Robert Campregher, request an after-the-fact CUP for an ABC license to sell beer, wine and distilled spirits at the Irisher. Mr. Curtis said he had received three letters in opposition to this application [Attached for the Record]: (1) Pastor Shoemaker of Grace Community Church, (2) William Gerlach, indicating his interest in achieving an approval that would result in the closing of the rear door and reduction of current noise levels and (3) two telephone calls in opposition: (1) Jeff Flan of 132 8th Street and (2) Robert Hoot. All requested the applicant's rear door remain closed at all times. Staff recommended approval subject to twenty- four (24) conditions. Commission Comments Chairman Fife asked to have the standard condition regarding employee training included. Additionally, he asked why the City Council was requiring the fees for the CUP be waived? Mr. Curtis said the City Council waived fees for applicants who were required to come before the City per Ordinance No. 1348. It would not be appropriate to have the applicants have to go through the CUP process and pay fees in addition. Chairman Fife indicated Mr. curtis should remove the word "not" from condition 118A on page 9. . . . Page 28 - PIannmg Coouwss'OI1 Mmutes of November 18, 1992 10. Public Hearinq The applicant was not present. The speakers application determined to not speak at this meeting to the December 9th Commission meeting. The Public was closed. to this and wait Hearing MOTION by Sharp; SECOND by Law to continue the Public Hearing on Conditional Use Permit #92-19 to the December 9th Planning commission meeting. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Sharp, Law, Fife, Dahlman orsini *** Conditional Use Permit #92-19 111 Main Street * Clancy's Saloon staff Report Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department]. The applicant, steve Meier, is requesting an after-the-fact approval of an on-sale general liquor license in conjunction with an existing bar, Clancy's Saloon, at 111 Main Street, Seal Beach. The hours of operation are proposed to continue as they are, from 6:00 a.m. to 2:00 a.m. daily. For the Record, Mr. Curtis read a letter from Grace Community Church [Attached] addressed both Clancy's and the Irisher. Staff recommended approval, through the adoption of Resolution #92-67 with twenty-two (22) conditions of approval. commission Comments Chairman Fife instructed staff to add the word "no" to condition #13. And on condition #18, delete the word "not". There were no other Commission comments. Public Hearinq Steve Meier * Clancy's Saloon. 111 Main Street. Seal Beach Mr. Meier stated he represented Clancy's Saloon. He said he has not received any complaints from the City formally or informally. He received a complaint about the front door which he remedied immediately and shut the door at 9:00 p.m. The air conditioning is not operating and he is negotiating with his landlord to have it repaired. Chairman Fife asked staff if a business owner is informed of complaints registered with the City? Mr. Whittenberg said if a number of complaints were received he would contact the business owner. The City has received complaints about noise Page 29 - P\annmg CoouwSSIOII MInutes of November 18, 1992 . in the alley which appear to be closer to Clancy's than the Irisher. There is no mechanism to pool complaints. Disturbance complaints will most commonly go to the Police Department. The Development Services Department, the City Manager's Office and the City Clerk will receive complaints. Not all City departments are coordinated. About 80% to 85% of the complaints go to Development Services or the Police Department. . Mr. Meier suggested a third suggestion for the rear door. First, fix the air conditioning so there is no need for the rear door to be open. The rear door would be allowed to be used as an entrance and exit until 8:00 p.m. At 8:00 p.m. trip the mechanism on the panic hardware so patrons can exit but not enter. After a short time the patrons will start parking out front and enter through the front door. Only patrons who park in back should be exiting through the rear. He has called SCE about a non-functioning street light and he plans to add more lighting to the rear area. That will reduce loitering problems. He has instructed his staff to stop serving at 1:40 a.m. and to remind the patrons to be courteous and quiet as they leave Clancy's as there are nearby residents. On November 2, 1992 he and his four employees attended the ABC's L.E.A.D. class; this is part of his rules and regulations to maintain employment. The class stated that if there's an alcoholic beverage on the bar at 2:00 a.m. you're not in violation but as soon as a patron picks up that beverage after 2:00 a.m. you are in violation. His policy is to have all alcoholic beverages off the bar by 2:00 a.m. He has last call at 1:40 a.m. and stops serving at 1:45 a.m. to get everything off the bar. He has to have time to get the drinks off the bar. Regarding the video games, he will take care of that as soon as possible. No one wished to speak for or against this application and the Public Hearing was closed. . Commission Comments Commissioner Dahlman referenced condition #21, and the owner not being aware of complaints. Mr. curtis said city records indicate that both the Irisher and Clancy's had this condition imposed on them in 1990 by the City. It appears from the record both establishments were consulted on this. Based on the applicant's testimony that he had no knowledge of problems and he feels he can rectify any problems by his own means, the Commission could impose something similar to what the applicant suggested. Staff would recommend a shorter duration initial approval period, say four to six months. Mr. Whittenberg agreed, saying the applicant's proposed modification to that proposal would be acceptable as long as the review period was shortened to six (6) months. Commissioner Sharp agreed. Mr. Meier said he can have the . . . Page 30 - PIannmg CommtssIOl1 MInutes of November 18,1992 modifications to the doors completed within two weeks. Commissioner Dahlman gave Mr. Meier a copy of the letter from Grace Community Church for his review. MOTION by Sharp; SECOND by Law to approve Conditional Use Permit #92-19, by the adoption of Resolution #92-67, with condi tions as outlined in the staff report and to replace Condition #21 with wording that the applicant will take steps to make the rear door and exit only with no capability of entry after 8:00 p.m. daily. This will have a review in six months. within the six month time period, the applicant must prove to the Director of Development Services that he has repaired the air conditioning and ventilation system. MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Sharp, Law, Fife, Dahlman Orsini *** ORAL COMMUNICATIONS David Rosenman. Seal Beach Dr. Rosenman asked Mr. Colantuono to clarify his remarks on CEQA application. Mr. Colantuono said the analysis could be applied to the SeaSide Grill not to the John's Food King application. He discussed the partial failure of Planning process re in- lieu parking and EIRs; he asked for a three-month moratorium on new approvals. Mr. Whittenberg reminded him this issue will go to the City Council on December 14th for their consideration. Sol John * 330 12th Street. Seal Beach Mr. John wished everyone a Happy Thanksgiving. STAFF CONCERNS Mr. Whittenberg referenced a memorandum entitled "Informational Items" which was provided to keep the Planning Commission abreast of concerns raised at previous Commission meetings. Mr. Whittenberg told the Planning Commission they will see a decline in the number of agendized items with the next agenda. Mr. Whittenberg said the December 23rd Planning Commission will be canceled as City personnel will be furloughed that week. Formal action on this will take place at the December 9th Commission meeting. . . . Page 31 - PIannmg CommtsSIOII Mmutes of November 18, 1992 COMMISSION CONCERNS commissioner Sharp asked if the city knows what's going on with tree work in the County area at Seal Beach Boulevard and Lampson Avenue. The trees have been removed and the sidewalks are being patched. Mr. Whittenberg said the tree work is being done by City crews and the sidewalks are city property. The brick wall is on County property because that's the boundary line between the City of Seal Beach and the Rossmoor property. Chairman Fife said he had planned to write letter to Rossmoor Community Services District about the wall. At that time he saw something about a meeting between the homeowners and the Community Services District representatives to discuss wall which is leaning toward Seal Beach Blvd. They were discussing who had the ultimate financial responsibility to correct the problem. He asked staff if they have any connection with these organizations he would appreciate the Commission being kept informed; staff agreed to follow up and report back to the Commission. Commission Sharp said Leisure World has one recycling bin for every thirty apartments. ADJOURNMENT Chairman Fife adjourned the meeting at 12:15 a.m. Respectfully Submitted, ~~a-,~ Joa F11lmann, Record1ng Secretary Department of Development Services NOTE: The Planning Commission Minutes of November 18, 1992 were tentatively approved by the Commission on December 9, 1992 pending final approval of Commissioner Orsini. APPROVAL: After Commissioner Orsini's removal from the Planning Commission, the Minutes of November 18, 1992 were unanimously approved on January 20, 1992 by Commissioners Fife, Dahlman, Law and Sharp. ~ - Grace Community Church of Seal Beach 138 EIghth Street · Seal Beach, Callforma CIty Of ,.. " , "".MlffiISSJOn S ~liu,VllrttD FOR REC~D BY~~<:hQ(Date II 8/ CJ ~ I ' - - - -- ~ ~ ~ ~ ~ ~ -- - . 90740 · (213) 596-1605 RE. Contlnued on-premlse llquor llcense for the Irlsher Cocktall Lounge (121 Maln St.) November 18, 1992 Clty of Seal Beach Barry Curtls, Plannlng Dear Mr. Curtls: . We would llke to encourage the Irlsher Cocktall Lounge Llquor Llcense renewal approval ~ wlth the stlpulatlon that the rear door be converted to an emergency eXlt only, and that they prohlblt eXltlng and enterlng the bar from the rear. We ask thlS because of the nOlse, 101terlng, and alley trafflc that results from the use of the rear eXlt lnto the alley, and consequently to our property. We have had lltterlng, etc. on our property, as well as use of our rear stalrwell for varlOUS and sundry purposes (lncludlng urlnatlon) by patrons of the Irlsher. Our church has varlOUS meetlngs In the evenlngs and we feel that the safety of our partlclpants at those meetlngs has been compromlsed by the trafflc In the alley from customers of the Irlsher. We would appreclate your conslderatlon of our concerns. Slncerely, ~ Donald P. Shoemaker Senlor Pastor DS/ls . - - - - - -- - - - - - - ~ Grace Community Church of Seal Beach 138 Eighth Street · Seal Beach, Callforma City ot Seal Se~ch Plannmg CommiSSIon SUBM\11ED FOR~EC RD I 2- /i{1j -- -.-=>Oate _ " .. _~ V'ac;;;;.~--~ . 90740 · (213) 596-1605 October 13, 1992 Clty of Seal Beach Barry Curtls, Plannlng RE: Contlnued on-premlse llquor llcenses for The Irlsher Cocktall Lounge (121 Maln St.) and Clancy's Saloon (111 Maln Street). Dear Mr. Curtls: Management should be requlred to conduct careful monltorlng of patron actlvltles In the alley behlnd these establlshments lf these llcenses are to be contlnued. . Both llcensees should be forbldden to have any klnd of actlvlty WhlCh would lead to patrons congregatlng In front of or behlnd the establlshments. ThlS should lnclude a prohlblon agalnst any klnd of bus loadlng or unloadlng In Old Town or any klnd of sponsorshlp of events that lead to people congregatlng outdoors. Last year a serlOUS lncldent lnvolvlng one of these two establlshments occurred on and adJacent to our church property. Please refer to my enclosed letter to the Seal Beach Journal for detalls. Any actlvlty that could lead to these sorts of dlsturbances should be clearly forbldden as a condltlon for a llquor llcense. Thank you for conslderlng our concerns. ~elY' Donald P. Shoemaker Senlor Pastor DS/ls . . \< ~ ~ ~ \ Grace Community Church of Seal Beach 138 Eighth Street · Seal Beach, California tC02Jer ~y~ SU~ I -~ O~t~4{~ &.J~ L- ,. 0 ~;7 ~ 90740 · (213) 596-1605 . . November 1. 1'~91 Letters to the The Seal Beach 216 Maln St. Seal Beach. CA Edltor Journal 90740 Dear Edltor: I have had the pleasure ot worklng ln the pleasant "Old Town" tor elght years But thlS pleasure broken on Sunday, October 20. atmosphere or was ab[ urlt. 1 y Late that Sunday afternoon a bus sponsored by a local ~ub returned from the Ralders/Rams game and dlsgorged ltS drunken contents lnto the al ley behlnd our church (wpst of Maln St and south of Central). A brawl lmmedlately brove out on our chur,::n property lnvolvlng loud, obscene language. tlghtlng and serlO'..JS lnJury. The pol ice and paramedlcs were needed to restore peace and safety A f€~ feet away some ladles in our church were holdlng a counsellng class. Nearby on our property a large group of our teenagers were plaYlng vollevball. We can be thankful that the lnJurles were Ilmlted to the brawlers. Several resldents Ilvlng beslde the church mentioned thelr fear throughout thlS eplsode I don't know why thlS pub felt lt was in lts rlghts to unload an unruly crowd onto prlvate property belonglng to our church and local merchants. If they must spon~or thlS unclvil actlvlty again, I recommend they load and unload in front of the pollee station. Donald P. Shoemaker Senlor Pastor Grace Communlty Church City of Seal Sea::' , ~'1lTlmISSlOn SU~MITIED FO~ h~ll~~ /q 2- By STfA-, ~ ---.-.-'Date...., . .., __----.J . November 11, 1992 Seal Beach Clty Hall 211 8th Street Seal Beach, CA 90740 Attentlon: Barry Curtls, Seal Beach Plannlng Dept. Subject: Plan No. 92-12 Proposed COln car wash and qUlck-lube under water tower house at No. One Anderson Street. Envlronmental con- cerns only to be heard Nov. 18, 1992. Gentlemen: I, Vlrglnla M. Straln, am the owner of four contlg- uous parcels of resldentlal property dlrectly across the street from the proposed proJect, startlng at the corner of Anderson and North Paclflc, and contlnulng south. Slnce the envlronmental concerns only are to be addressed at the Nov. 18th meetlng, I wlll conflne my comments to those lssues for now, but reserve the rlght to comment on broader concerns at the Dec. 9th hearlng. . My envlronmental-related obJectlons to thlS project are. 1. Heavy addltlonal automoblle trafflc and congestlon on Anderson Street. 2. Poor trafflc flow that could potentlally generate unwanted addltlonal car trafflc onto ocean-front South Paclflc where people must back out of thelr garages lnto that street. 3. The commercial-type brlght llghtlng that would accom- pany such a project would be very annoYlng and lncom- patlble wlth nearby homes. 4. Along wlth any open-alr publlC commerclal use of property there lnevltably comes a nOlse problem caused by loud talklng, car motors runnlng and, In thlS case, the sounds of the eq Ul pmerlt worklng . . - 2 - . 5. The vlsual pollutlon of advertlslng slgns should not be permltted to face the green belt or resldentlal propertles ln keeplng wlth restrlctlons lmposed on thlS area. Addltlonal comments wlll be reserved for the Dec. 9th hearlng. In closlng I would like to say that I don't know of anyone who would welcome a car wash and qUlck-lube rlght across the street from hlS home, and I don't want lt, elther. I feel that such a pro- Ject would severely detract from the value of my ocean-Vlew reslden- tlal property. Your asslstance ln seelng that that does not happen Wlll be very much appreclated. Very slncerely yours, . I lrgl/,fa l633tfN. Paclf c P. O. Box 175/ Sunset Beach, CA 90742 Ph. (310) 592-5788 . . c~~ i;~~ 16m? ~ 0 '?2lIU ~1@XJ1l1XI ~~ ~~,~~-~ ~@)) <@1).~~~? PHON CON CIty 0; S;;;;l o8{,ch Pi3nnl.;g CcmnllsslOn SUBMIITED FOR RECuRD By..J. FL./1AJ Date 11-1 g - 9 a. ~ November 18, 1992 From' Honorable Chalrman and Plannlng Commlssioners Department of Development Servlces To: Re' CUPS #92-10 and #92-19 Jeff Flan or 132 8th Street, ,Seal Beach telephoned the Plannlng Department today to state hlS oplnlon that the rear doors of!the Irlsher and Clancy's should be ~ kept closed at all tlmes~ .