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HomeMy WebLinkAboutPC Min 1994-02-09 . . . CITY OF SEAL BEACH PLANNING COMMISSION MEETING AGENDA of FEBRUARY 9, 1994 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 January 19, 1994 2. Minor Plan Review #94-1 213 7th Street IV. SCHEDULED MATTERS 3. Adoption of Resolution #93-7 TOl1i11a Beach Restaurant v. PUBLIC HEARINGS Next Resolution: #94-5 4. Conditional U5.e Pel'mit #93-15 [Continued from 1-5-94 and 1-19-94] Addl'ess: Bll5.iness: Applicant: Property Owner: Request: 900 Ocean Avenue Ruby's Restaurant Lee Riley/Ruby's Restaurant City of Seal Beach To remodel and expand an existing restaurant (Ruby's) through the addition of approximately 765 square feet of outdoor seating area (south end of municipal pier), a 170 square foot multipurpose room (north side of the l'estaurant), adding a wooden monument sign (30 square feet), a new garage to house a private tram for transporting customers, a larger trash enclosure and new landscaping at foot of pier. The remodel will integrate the existing . 5 CondItIonal Use Pel nut #94-1 Addl ess Busmess Apphcant Plopel1y Ownel Request VI ORAL COMMUNICATIONS VII STAFF CONCERNS 600 PacIfic Coast HIghway TI ansfel of Alcohol-I elated Land Use Thai CUlsme RestaUl ant VIII COMMISSION CONCERNS . IX ADJOURNMENT . I estr OOI11S mto the mterlor of the I estaurant and add new exterIOr resh OOI11S for pubhc access 600 Mal ma Drive Radlsson Hotel Mukai Services, Inc Saga Seal Co , Ltd An alcohol-related land use at the Radlsson Hotel Pal,e 1 Seal Reach Plallmnl, COllllll"'101l Al,lllda for Jalluary 19 1994 . 1994 AGENDA FORECAST FEB 23 CITY DEADLINE IAN]9 MAR 09 CITY DEADLINE FEB 02 CUP #93-2/901 Ocean/Kmda Lahama @ 12 mos/ABC MAR 23 CITY DEADLINE PEB 16 APR 06 CITY DEADLINE MAR 02 APR 20 CITY DEADLINE MAR 16 MAY 04 CITY DEADLINE MAR 30 MA Y 18 CITY DEADLINE APR 13 JUN 08 CITY DEADLINE MAY 04 CUP #92-19/Clancy's @ 12 moshndefimte extensIOn . JUN 22 CITY DEADLINE MA Y 18 JUL 06 CITY DEADLINB JUN 01 Election of ChaIrman & VIce ChaIrman CUP #92-2/1 0 1 Mam/SeaSlde Gn II/Review hours extensIOn JUL 20 CITY D EADLTNE JUN 15 AUG 03 CITY DEADLlNE JUN 29 A UO 17 CITY DEADLINE JUL 11 SEP 07 CITY DEADLINE A UO 01 SEP 21 CITY DEADLINE AUG17 OCT 05 CITY DEADLINE AUG 31 OCT 19 CITY DEADLINE SBP 14 NOV 09 CITY DEADLINE OCT 05 NOV 23 CITY DEADLINE. oeTI9 . . . . Pabe 4 Seal Beach P1annlllg LUIIlIllI"wn AhLndu fur Junnury 19 1994 DEe 07 CITY DEADLINE NOV 02 CUP #93+ 13/Paptllon's @ 12 mos hndefimte extensIon of entertamment DE.C 21 CITY DEADLINE NOV 16 1995 JAN CUP #92-13/143 MaIn/PapIllon's/12 mos entertaInment CUP #92-25/1400 PCH/Ghder Inn/Indefimte extenslOn STAFF REPORTS PENDING. NOT AGENDIZED . ZTA #92-2 Entertamment Cafes ACTION CIty-wIde pohcy statement on entertaInment ST A TUS Pending CIty Manager's Input . ZT A # -- Crestvlew!Patlo Setbacks ACTION ZTA needed ST A TUS Director to prepare staff report . . . CITY OF SEAL BEACH PLANNING COMMISSION l\fiNUTES of FEBRUARY 9, 1994 The regularly scheduled Planning CommisslOn meetmg of February 9, 1994 was called to order at 7:32 p.m. in City Councll Chambers by Chairman Dahlman. I. PLEDGE OF ALLEGIANCE CommisslOner Soukup led the Pledge of Allegiance. ll. ROLL CALL Present: Charrman Dahlman COmmISSlOners Soukup, Law, Sharp, Campbell Also Present: D~artment of Develo..vment Services: Cralg Steele, Assistant City Attorney Lee Whittenberg, Drrector Barry Curbs, Admmistrative Assistant loan Fillmann, Executive Secretary ID. CONSENT CALENDAR 1. Minutes of January 19, 1994 MOTION by Sharp; SECOND by Dahlman to approve the Planning Commission Minutes of January 19, 1994 as presented. MOTION CARRIED: AYES: 5-0-0 Sharp, Dahlman, Law, Campbell, Soukup 2. Minor Plan Review #94-1 213 7th Street Staff Report Mr. Curbs presented the staff report. [Staff report on file ill the Planmng Department]. There were no Commission comments on the staff report. MOTION by Sharp; SECOND by Law to approve Minor Plan Review #94-1 as presented through the adoption of Resolution No. 94-5 with the conditions as noted. MOTION CARRIED: AYES: 5-0-0 Sharp, Law, Dahlman, Soukup, Campbell . . . Page 2 I'IanDlna Commission Minutes or February 9, 1994 IV. SCHEDULED MA TIERS 3. Adoption of Resolution #93-7 CUP #92-26 * Tortilla Beach Restaurant Resolutlon No 93-7 was held over from the last Plannmg ComnusslOn meetlng to see If staff could obtaIn a copy of the ABC hcense WIth any condltlons set In place by ABC The apphcant provIded staff a copy of ABC's PetItIon For Issuance of CondItIonal LIcense Charrman Dahlman expressed IDS concerns that the apphcant stlll dId not prOVIde a copy of IDS ABC hcense WIth Its condltlons and has had over one year to do so The document presented does not show what type ABC hcense It IS, nor what condltlons may be placed on the servtce of alcohol The apphcant was not present to comment Mr Steele satd the Plannmg CommIssIon does not have the Junsdlctlon to suspend CIty enforcement of the terms of the CUP or Its exprratlon He suggested the ComnusslOn act to approve thts resolutlon, subject to a specIfic condltlon that the Issue will be revIsIted m four weeks, at wIDch tlme the ABC's condltlons of approval must be In the packet DISCUSSIon ensued on the ABC's staffing and IneffiCIency over the last year ComnusslOner Campbell suggested a thIrty-day extensIon Mr Steele satd that WIth a short, thIrty-day extensIon the CIty encounters a number of legal Notlce and due process requIrements The CIty would have to hold another Pubhc Heanng on further actlon after that thtrty days If the ComnusslOn wants to extend thIS, he suggested makIng the extensIon longer, between four to SIX months MOTION by Sharp; SECOND by Soukup to extend CUP #92-26 for twelve (12) months to allow the restaurant time to present to the CommiSSIon the reqUIred ABC hcense and conmtIons. AMENDMENT to MOTION by Campbell, SECOND by Dahlman to adopt Resolution No. 94-2, extendmg CUP #92-26 for SIX (6) months or less, prOVIded the apphcant may come back sooner If he WIShes. VOTE on AMENDMENT to MOTION: 5 - 0 - 0 AYES: Campbell, Dahlman, Law, Sharp, Soukup VOTE on AMENDED MOTION: 5 - 0 - 0 AYES: Campbell, Dahlman, Law, Sharp, Soukup Mr Steele explamed the resolutlon IS final and the appeal penod begms to run tomght . . . Pa&e 3 I'Ianmna COJllJllllWOD Minutes of February 9, 1994 v. The ComffilSSlon stated Its desrre for thIS apphcant to not mcur addltlonal fees Mr WhIttenberg SaId the apphcant would technIcally owe the addltlonal filing fees but that the CIty would deal WIth that Issue at the tlme the apphcatlon comes up by requestlng a Waiver The mumcIpal ~ allows for thIs and It would be done at the CIty Council level Postage for the Notlce would be the only addltlonal cost PUBLIC HEARINGS 4. Conditional Use Penmt #93-15 [Contmued from 1-5-94 and 1-19-94] Address: 900 Ocean A venue Busmess: Ruby's Restaurant Applicant: Lee RIleylRuby's Restaurant Property Owner. City of Seal Beach Request: To remodel and expand an eXISting restaurant (Ruby's) through the addition of approXImately 765 square feet of outdoor seatmg area (south end of mumclpal pier), a 170 square foot multipurpose room (north Side of the restaurant), adding a wooden monument SIgn (30 square feet), a new garage to house a pnvate tram for transportmg customers, a larger trash enclosure and new landscaping at the foot of the pIer. The remodel will mtegrate the eXIStmg restrooms mto the mtenor of the restaurant and add new extenor restrooms for public access. Staff R~port Mr Curtls explamed the CIty receIved follow-up letters from the Department of FISh & Game and the State WIldhfe Conservatlon Board The CIty Attorney's Office IS recommendmg thIS matter be contlnued to the Comffilsslon's February 23rd meetlng Staff would hke to resolve CIty Issues qUIckly, notlng the Coastal Comffilsslon process IS lengthy ChaIrman Dahlman opened the Pubhc Hearmg to contlnue thIs matter Although a number of cltlzens contacted ChaIrman Dahlman who raIsed numerous obJectlons to thIs proJect, he mdlcated he would hold these comments to February 23 MOTION by Sharp; SECOND by Law to contmue the Public Hearmg on CUP #93-15 to the CommiSSion'S February 23, 1994 meeting. MOTION CARRIED: AYES: 5-0-0 Sharp, Law, Campbell, Soukup, Dahlman . . . Page 4 Planmng COIlllDlSSlOD Minutes or February 9, 1994 s. ConditIonal Use Penmt #94-1 Address. Business" Appbcant Property Owner" Request: 600 Manna Dnve RadIsson Hotel Mukai Services, Inc. Saga Seal Co., Ltd. An alcohol-related land use at the RadIsson Hotel. Staff Report Ms Fillmann presented the staff report [Staff report on file In the Plannmg Department] The apphcant, MukaI ServIces, Inc , requests approval of an alcohol-related land use permlt for the on-sale servIce of beer, wme and dIStilled spmts from room controlled access beverage cabInets and on-sale beer, wme and dlSt1lled spmt servIce at a hOSPltal1ty sUlte at the Radlsson Hotel CommISSIon Comments on Staff Report HOWlta11ty SUlte vs Bar Chairman Dahlman asked how a hOSPltal1ty SUlte dIffered from a bar? Mr WhIttenberg saId a bar operatIon IS a dIfferent type of ABC hcense At a hOSPltal1ty sUlte the alcohohc beverages are free for the hotel guests Chalrman Dahlman saId hIS InterpretatIon of the mumclpal ~ IS that It does not permlt bars In Seal Beach The two bars In Old Town are there because the pre-eXlstlng zonmg laws CommISSIoner Sharp saId a hOSPltal1ty sUlte IS dIfferent from a bar because It'S a closed room and you must be a hotel guest to attend, It'S not open to the pubhc Can Hotel HOSPltahty Room Be Rented? CommISSIOner Campbell asked If the CIty would allow thls hotel's hOSPltal1ty room to be rented to an orgamzatIon? She saId she IS concerned that a Sltuanon could occur where a young adult could rent a room, have a bar key and have mInors as hIS or her guests Mr WhIttenberg SaId the CIty'S standpoInt IS that the approval would not allow for It to be rented out to pnvate groups and/or organlzat1ons ComffilsslOner Sharp saId the room key does not work the controlled access beverage cabInets, that's VIa a SpecIal key The hotel must prove that anyone haVIng a key IS of age Is an ABC #40 LIcense Also Needed? Comffilssloner Soukup asked If thls apphcant must also obtam an ABC #40 (On- Sale Beer Only) hcense In addItIon to thIS ABC #70 hcense? Mr Whtttenberg Page 5 -1'Ianmng Commission Minutes or FebrollJ')' '. 1m . explamed the ABC #70 license IS a new type of hcense, thIs IS the only type of hcense necessary for the proposed use and no other ABC hcense IS requrred. Referencing Sectlon 23355.2, Commissioner Soukup read that as meanmg the hotel must have a pnor license before It can pursue this actlvity. Comffilssioner Soukup asked for the apphcant to clarify this point as it is not the way he interpreted thiS Sectlon. Pubhc Hearing . Debra LeWIS. Esquire * Attorney for the Apphcant Ms. LeWIS said the hotel IS seeking thiS ABC #70 hcense to make the Radlsson competitive m a new market and for the convemence of the hotel's guests. Embassy Suites and Residence Inn Hotels offer hospltabty hours and controlled access beverage cabmets; this IS the new market. Therr mtent IS not to open thiS to the pubhc but rather to attract guests to the hotel. The proposed hospltabty SUIte at the Radlsson would be offered from 5:00 p.m. to 7:00 p.m. and would serve beer and wme only, no dlstllled spirits. ThIs would be a convemence for the guests as they would not have to leave the hotel for a hght snack and beer or wine. In recogmtlon of this new market, the ABC has estabhshed the new type #70 license. Prior to thiS orne, the only way you could have on-sale beer, wme or dlstllled spIrits was to be a bar or a restaurant. The #70 hcense allows beer, wme and dlst1lled spmts in the controlled access beverage cabmets and a hospitabty suite for a very hffilted time penod; thiS IS available to guests. The hospitabty sUIte will not be on the hotel's frrst floor, it will be on the second floor. Someone walking mto the lobby area would not know a hospltabty SUIte eXisted. At thIs tlme the hotel has no hospitality area and is not sure they want to have a hospitabty sUIte. But, smce a hospltabty suite is contemplated by the #70 hcense, and smce the competltive market is offering thiS service, the Radlsson Hotel wants to be able to have this permit in case It becomes necessary to attract chentele. Commissioner Soukup mdlcated a hospltabty sUIte was an optlonal part of the #70 hcense. Ms. Lewis reiterated that the apphcant IS only contemplating the hospltabty sUIte at this tlme but because hospitality suites are contemplated in the #70 licenses, the apphcant felt It would be simpler to gam approval at thiS tlme, rather than commg back at a later date. Commissioner Soukup referenced Sectlon 23355.2(b) agam, questiomng whether a #70 license was suffiCient for thIs apphcatlon. Mr. Steele explamed a new #70 hcense, where there IS no eXisting on-sale license, IS an on-sale hcense for the hffilted purpose of sellmg from the controlled access beverage cabmets and the hospltabty sUIte. If a hotel has an eXisting on-sale license, the #70 would be an addltlon to the other hcense. Ms. LeWIS added the other on-sale hcenses have to have a restaurant or be a bar to have on-sale sefV1ce. . Page" l'lanmng COll1D1WSlon Minutes of February 9, 1994 . No one wIshed to speak In favor of thIs applIcatIOn The follOWing persons spoke In OppoSItIon DaVId Rosenman * 208 8th Street. Seal Beach Mr Rosenman saId IDS expenences at Embassy SUItes and Hampton Inns demonstrated that no one venfied IDS age or a room key for purchasing lIquor from honor bars and he saw a number of people who were intOXicated He stated he had twenty telephone calls who opposed thIs applIcatIon He saId thIs IS not an eXlstlng lIcense and the CIty doesn't need thIs In an over-crowded (With ABC lIcenses) area There IS no restaurant In the hotel and thIs would Increase the poSSIbIlIty of people gettlng drunk and then dnvIng In theIr cars He saId he felt It was Interestlng the mw-bars already were In place In the hotel rooms pnor to the CommISSIon taking an actIon . Roger West * 120lA ElectrIc Avenue. Seal Beach Mr West saId he has lIved In Seal Beach 25 years and has watched the alcohol prolIferatIon grow In Old Town He saId there are 33 establIshments selling alcohol In Old Town and thIs would be a 72-room hotel WIth an alcohol outlet In each room That Increases the lIquor selling establIshments to 106 In Old Town He saId hOSPltal1ty SUItes are bars With a fancy name He felt that In a couple of years the applIcant would say the publIc should be able to use the hOSPltal1ty SUIte ThIS hotel, 1f they have 72 controlled access beverage cabinets In the rooms, does not need a bar In addItIon He noted It'S a one block walk to Mam Street, where there are numerous lIquor sellmg establIshments He saId not much attentIon IS paId to CIty ordInances and noted NIp 'N Stuff lIquor contlnues to dIsplay neon alcohol advertISIng sIgnage In Its WIndows He IS not follOWing the ordInances He noted a CIty Councilman IS requestIng an addItIonal polIce statIon In Old Town because of the cnme None of the other CIty areas need addItIonal polIce because of cnme, only the Old Town area "We're asked to permIt these addItIonal lIquor outlets to Increase the tax rate and then Its CItIzens are requIred to Increase the polIce and cnme preventIon to control the unruly crowds that result" He asked the COmmISSIOner to " stand up for once and do something for the town, Instead of rollmg over for the alcohol Industry that seems bent on turnmg Old Town Into a raucous place for late mght aCtIVItIes, Charrman Dahlman SaId that NIp 'N Stuff lIquor has one year to remove theIr neon lIquor advertISing SIgns from theIr store Windows, staff will check the exact date . Rebuttal Ms LeWIS SaId the RadIsson Hotel fully Intends to lIve WIthIn the CommISSIon's CondItIons of Approval If thIS hotel were not to comply With these condItIons, the COmmISSIOn has the means to enforce the condItIons or to WIthdraw the CUP RegardIng the controlled access beverage cabinets already being Installed In the rooms, as stated In the publIc testImony by Dr Rosenman, Page 7 l'lamung Coll1D1lS8ion Minutes or February 9, 1994 . because the hotel felt the ComrmssIOn was gomg to summanly approve the CUP, those refngerators were mstalled about five years ago They have been stocked With soft drmks and snacks but Without alcohohc beverages Regardmg testlmony that this facility may escalate m the future, to either a bar or some other type of pubhc estabhshment, the control here IS the Plannmg CommIssion's condltlons say no She felt It IS premature at this tlme to be concerned about what rmght happen m the future to expand Whlle the needs of the citIzens need to be addressed, the needs of the busmess must be looked at ThIs IS a competltlve chmate, Cahforma cltles are close together and It'S Important for the facility to be able to attract chentele If the Radlsson Hotel cannot offer the same type of services, they will not be able to attract chentele Also, only beer and wme would be served m the event of a Happy Hour It's not contemplated that the hotel's guests are gomg to dnnk and dnve They envIsion a busmessman/woman gomg back to therr room after a day of busmess meetings gomg to the refngerator and have a beer or glass of wme and watch the news on televIsion These are travehng busmess people, they mayor may not have a car, or know the City or want to travel At mght they want to Sit down, have a glass of beer, unwmd and go to bed . Commissioner Sharp asked Ms LeWIS If the type #70 hcense allowed the sale of dlStllled spmts m addltlon to beer and wme? Ms LeWIS said yes, m the controlled access beverage cabmets ComrmSSIOner Soukup noted that If he were at a bar and ordered several dnnks that the bartender, at some pomt, would decide not to serve him He asked Ms LeWIS how much alcohol would be m each refngerator? Is It enough to hrmt a person to 08 blood alcohol level, the legal hmlt? What are the controls? ChaIrman Dahlman asked Ms LeWIS to also comment on who IS hable If a hotel guest were to get drunk from the alcohol m the refngerators? Ms LeWIS said thiS IS unsettled area of the law at thiS tlme Many cases have tested the theory of the bartender havmg hablhty and for the most part, thiS has not held up The Issue of a bar versus a refngerator contaImng alcohol IS a different Issue At a bar, It IS contemplated that the customers will amve m a car, dnnk and then get back mto the car, they are completely different sltuatlons Commissioner Soukup disagreed, saymg the hotel IS contemplatlng usmg thiS as a marketlng tool Someone would come to the Radlsson contemplatlng they have access to hquor m therr rooms Ms LeWIS rephed that m the bar sltuatlon, the person IS gelling back m therr car whereas, m a hotel they are staymg overmght What's m the controlled access beverage cabmet IS mCldental and IS for the guest's convemence However, With a bar, dnvmg after dnnkmg IS contemplated, the hotel guests would stay put ComrmssIOner Soukup said this could not be guaranteed . CommiSSIOner Sharp asked what would be stocked m the refngerators and Hospitality SUIte? Ms LeWIS said the controlled access beverage cabmets would Page 8 l'lanJun& COD1lll188iOD MiDutal of Febmary 9, 1994 . be stocked WIth beer, wme and dIStilled spmts Mr Wluttenberg mdIcated the ABC's condItlons hmIt the SIze of the dIStllled spmt contaIners to 50 millIhters CommISSIoner Sharp sald that If someone was gomg mto the Radlsson Hotel WIth the mtentlon of dnnkmg a lot, he would not drInk the small bottles because the cost about $4 00 each He would buy a larger bottle from somewhere else that would be more cost effectlve Ms Fillmann noted that ABC's condltlons mclude the hotel not be allowed to denve more than five percent (5 %) of ItS total gross annual revenue from the sale of alcohohc beverages The ABC would momtor and control thIs Ms LeWIS sald If there was a pamcularly drunken person the hotel would not want that person there eIther The bUSIness decISIon would be to do somethmg about that sltuatlon CommIssIOner Soukup noted that If the Radlsson Hotel were to put that person out on the street they would be WIthIn the resldentlal neIghborhood Ms LeWIS sald the hotel would not put the mdlvIdual out on the street They would make sure he dIdn't leave but also adVIse hIm to find other lodgIng facIhtles for the next mght . Charrman Dahlman sald many of Ms LeWIS' rebuttal arguments would be persuasIve If that census tract had room for eIght alcohol-servmg estabhshments and thIS apphcatlon were #7 or #8 However, before thIS apphcatlon, thIs census tract has 25 alcohol-servIng estabhshments, 13 above the State recommended ratlo He sald he could not vahdate Ms LeWIS' reasonmg when the census tract IS currently over-saturated WIth alcohol hcenses He suggested the correct procedure would be for the apphcant to purchase someone else's alcohol hcense " rather than somehow get a freebIe from the government for an Unhffilted number of alcohol hcenses m an area" He asked If the apphcant conSIdered thIs? Ms LeWIS sald yes, but ABC has no provIsIons to purchase a #70 hcense The only purchases of ABC hcenses mvolve on-sale general hquor hcenses These may be purchased when avatlable and there IS a hffilted number ABC will Issue Ms LeWIS poInted out there are other estabhshments servmg beer, WIne and dIstIlled spmts but they are dIfferent m that they have a restaurant on the premIses The type #70 hcense IS Just for the guests, so If the guest does not want to go out for a whole meal, or doesn't want to leave the hotel room thIS would serve the guest It's not mtended to compete WIth the eXIshng hcensed facilltles Charrman Dahlman SaId he could see how the refngerators are not the same sort of bUSIness But he couldn't see how the Hospltahty SUIte from 5 00 P M to 7 00 P M servIng beer and WIne IS dIfferent, notlng It was another estabhshment servmg beer and WIne dunng set hours Ms LeWIS sald that If approved, the Hospltahty SUIte would not serve the pubhc at large, It would be for the hotel guests, and It would not serve full meals Charrman Dahlman sald the CIty'S zomng code does not permIt bars "We are stuck WIth two (bars) whIch have been grandfathered for 34 years" . . . . Page 9 I'Ianmna CommlsstOD MInutes or February 9, 1994 COmtnlSSlOner Campbell saId she had a problem WIth the HOSPItahty SUIte because she enVISIoned the guests beIng gIVen free alcoholIc beverages by the Radlsson Hotel and then gettlng m theIr cars to go have dmner Versus, a person who goes out to dmner and has a full meal to stabilize the alcohol Ms LeWIS saId there WIll be food avallable at the Happy Hour to snack on CommISSIoner Sharp saId he felt dIfferently about thIS applIcatIon He saId If several busmessmen are staymg at the same facility, they usually want to get together to compare what they dId durmg the day If they don't do thIs at the hotel's HOSPltahty SUIte they will get together m a room, where one person mVItes a few of the others In to have a dnnk before they go out for dInner He stated he dId not thmk It was a bIg problem as long as the HOspltahty SUIte beverages are lImIted to beer and WIne And as long as the refngerators are stnctly controlled and lItnlted to persons 21 years of age He felt that If people are gomg to dnnk m theIr room before gomg out to dmner they will expect the hotel to have a stocked refrIgerator In theIr room or they will bnng theIr alcohol WIth them He saId "I can't see that we're gomg to really solve the drmkmg problems by denymg thIS Issue 1 thInk It puts It under the control of the HOSPltahty Room and them momtonng who goes mto the room 1 would hke to see us put a condItIon on It that there be someone momtors everybody who comes In and make sure that they are a resIdent of the hotel and IS a guest and not cotnlng m from outsIde But 1 certaInly can't see that thIS IS any bIg Issue " Ms LeWIS saId that If someone IS Intent on dnnlang heavily, they would not purchase a large volume of lIquor at the hotel because the 50 millll1ter bottles are expenSIve - $3 to $4 each CommISSIoner Law saId she dId not oppose thIS applIcatIon She saId, for example, If a group IS travelmg together, they want some place to meet It's mce to have a hOSPltal1ty room to gather Perhaps they do decIde they're gOIng to go out for dmner However, she felt that If a person plans to get drunk, that person will get drunk no matter If the hotel has the alcohol m the room or whatever If a person IS a SOCIal dnnker haVIng an occasIonal dnnk, she could see nothmg wrong WIth haVIng a HOSPItal1ty SUIte She saId she travels a lot and all the hotels have controlled access cabmets m the rooms She saId she has occasIonally seen the HOSPItaltty SUItes CommISSIoner Sharp Said he hadn't receIved any telephone calls regardmg thIS applIcatIon and asked If staff had receIVed any calls? Ms FIllmann saId no calls or letters had been receIved pro or con thIS appltcatIon ChaIrman Dahlman saId he had receIved two telephone calls on thIS appltcatIon COmtnlSSlOner Campbell saId she receIved one telephone call CommISSIoner Law saId she dIdn't receIve any calls CommISSIoner Soukup saId he receIved a few calls . . . Page 10 l'lanmn& COIl1D1lll8lOD Minutes of February 9, 1994 CommISSIoner Soukup saId that It was saId If a person wants to get drunk they will get drunk but that person WIll not get drunk because the pnce of the small bottles In the refngerators IS prohIbItIve It's eIther one or the other Ms LeWIS saId If a person's Intent IS to have a SOCIal dnnk, there IS hquor there In a very small quantIty whIch IS conduCIve to that sort of SOCIal dnnkIng COmmISSIOner Soukup saId that If theIr Intent IS to get drunk they can do It easIer In the hotel room, regardless of cost Charrman Dahlman saId he dIdn't thInk the CommISSIon should not be regulatIng what can be done In a hotel room The Charr recogmzed Roger West WIth permISSIOn of the apphcant Mr West saId the ABC's #70 hcense allows the servIce of hard hquor In the HOSpItalIty SUIte Ms LeWIS agreed but noted that the CUP they're requestIng would allow only beer and WIne In the HOSpItalIty SUIte, that would take precedence Steve Bader. VIce PresIdent of OperatIons. FIrst HOSpItalIty Group Mr Bader saId he worked for RadIsson Hotels In ChIcago, IL and all theIr SUItes had refngerators In every room These refngerators are small, they hold two beers of each vanety, two dIfferent types of WInes and two bottles of five dIfferent hquors They are hmIted and the bottles are small AddItIonally, the RadIsson IS an upscale hotel, at whIch the customers pay a good pnce for theIr stay At thIs calIbre, It IS typIcal to have a conCIerge floor where the busmess chentele can go to relax Charrman Dahlman asked If there IS an mtent to serve alcohol through room servIce? Mr Bader saId no, only a contInental breakfast IS dehvered to the rooms The Pubhc Heanng was closed CommISSIon Comments Mr Steele commented on the SectIon 23396 l(c) WhICh states the #70 IS non- transferrable It's not possIble for thIs apphcant to purchase another #70 and bnng It m here Also, the premIses hcensed IS not authonzed to sell or furmsh alcohol to the general pubhc It IS not entItled to a caterer's permIt, therefore there would be no pnvate parnes and no off-sale pnvlleges It's a restncted hcense COmmISSIOner Sharp asked If there was a stIpulatIon that beer and WIne will be the only beverages dIspensed In the HOspItalIty SUIte? Mr WhIttenberg saId no, not as the resolutIon IS presented He suggested addItIonal wordmg be added to such a condItIon to state" the operatIon of the HOSpItalIty SUIte must have a ./ . . . Page 11 PIanmng COIl1D1lll8JOD Minutes of Febroary 9, 1994 Radlsson Hotel employee present dunng tIme the SUIte IS m use to be certaIn that only hotel resIdents and theIr guests are usmg the SUIte" ChaIrman Dahlman saId the hOSpItalIty hour IS a major departure from what the Plannmg CommIssIon has approved m the past The mumclpal ~ IS clear, It allows restaurants sellmg alcohol but It does not allows bars TIus IS close enough that he requested CIty CouncIl gUIdance on whether they feel thIs fits m WIth the CIty'S General Plan lilt's Just not the land of thIng that would be approved m my Vlew" CommISSIoner Sharp saId he would have objectIons If the hotel were gomg to sell lIquor at theIr HOSpItalIty SUIte ChaIrman Dahlman thought the alcohol was gomg to be tabulated on the bIlls CommIssIoner Sharp clanfied that the HOSpItalIty SUIte was free, beer and wme mcluded, to the hotel resIdents and theIr guests LIke a pnvate party for the guests and totally closed to the publIc MOTION by Sharp; SECOND by Law to approve ResolutIon No. 94-6, subject to three addItIonal condItions: 21. There be no dIStilled SpIrIts served, only beer and WIDe, at the Hospltahty SUIte. 22. There be a RadIsson Hotel employee/attendant at the Hospltahty SUIte door who IS responsIble for checkIng the IdentIficatIon of all persons who come m to make sure they are hotel resIdents or guests of hotel resIdents 23. There shall be two separate City reVIew penods and they would be SIX (6) months on the Hospltahty Suite and twelve (12) months on the room controlled access cabinets Before the vote CommIssIoner Soukup saId "I don't feel thIS IS the best match of a type #70 and the type lodgIng establIshment that the RadIsson IS currently The RadIsson Isn't m a hostIle enVIronment, In an alIen part of the world where the convemences to restaurants and other amemtIes and the beach and that land of thIng are not eXIstIng The RadIsson would not be uncompetItIve, and they don't need to Increase theIr competItIveness, WIth havIng small bottles of lIquor m the refngerator ThIS sort of draw that Seal Beach has, the land of marketIng that RadIsson has pursued, the VIllage by the sea, walk around the town, you're not gomg to abandon that And a type #70 IS not gOIng to mcrease your occupancy I thmk you're occupancy has been pretty well establIshed and your success has been establIshed The fact that a HOSpItalIty SUIte could arguably be a bar IS a certaIn restncted sense of the word IS not provIded for m the code The fact that thIs lodgIng facility IS WIthIn 100' of the resIdences IS against the general nature . . ------- . Page 12 I'Ill11I1l11g COIllDlISSJOD Minutes or Februlll'Y 9, 1994 of the code There IS over-concentratIon of estabhshments m the area There IS htgh cnme It's two tImes the over-concentratIon and three tImes the cnme or VIsa versa ThIs IS not an on the edge land of thmg where one more may not be okay convernence, I don't thmk the convernence of the lodgmg person IS gomg to be enhanced You can walk across the street and there are many, many restaurants and many, many serviceS To be more competItIve With respect to the service, agaIn, to reiterate, there's only one of these m the entIre Orange County And I don't thmk the next one should be m Seal Beach With the kmd of profile that we have and the type of hotel whtch was bUIlt as such to hffilt the kmd of amerntIes that could be prOVided for Wlthm the faclhty You don't have room for a bar or a restaurant, you can't pursue It traditIonally This IS a way around It but the settIng IS not a good match for a type #70 and that's the way I feel about It" When asked he SaId he would be m favor of rejectIng the entIre apphcatIon Commissioner Law seconded the MotIon ChaIrman Dahlman SaId he did not hear the MotIon so Commissioner Sharp restated It ChaIrman Dahlman SaId ComffilSSloner Soukup gave a very Impressive hst of objectIons and asked Comffilssloner Campbell what she thought Comffilssloner Campbell SaId she shared Comffilssloner Soukup's concerns that the City has such a high saturatIon of places With hquor hcenses MOTION FAILED. AYES. NOES: 2-3-0 Sharp, Law Soukup, Dahlman, Campbell *** MOTION by Soukup; Second by Campbell to deny CondItIonal Use Penmt #94-1 through the adoptIon of ResolutIon No. 94-6. MOTION CARRIED. AYES. NOES: 3-2-0 Soukup, Dahlman, Campbell Sharp, Law Mr Whittenberg SaId ResolutIon No 94-6 Will be prepared for the Comffilsslon's review at theIr February 23, 1994 meetIng AdoptIon will start the ten (10) day appeal penod to the City CouncIl . . . Paee 13 I'Ianmng COlDJDJS8lon MInutes Or Febnlary 9, 1994 VI. ORAL COMMUNICATIONS DaVId Rosenman congratulated four members of the Plannmg COmmISSIOn who he felt showed WIsdom by votIng to table consIderatIon of Ruby's apphcallon un1l1 the CIty heard from the State Department of FIsh and Game vn STAFF CONCERNS . 600 PacIfic Coast Highway * Thai Cmsme Restaurant Transfer of Alcohol-related Land Use ThIS apphcatIon has been receIved by the CIty and IS bemg processed by the Department of AlcoholIc Beverage Control The new restaurant owner has SIgned the CIty'S Agreement to CondItIons of Approval . Stark LaWSUit Mr Steele mformed the Planmng CommIsSIon that on February 7, 1994 the Federal DIStrIct Court entered summary Judgement m favor of the CIty and all named employees ThIs ends the laWSUIt WIthout a trIal unless there IS an appeal . New ACUIZ Study Mr WhIttenberg prOVIded the COmmtSSIOners a copy of the new ACUIZ study The comment tIme expIres thIS Fnday The CIty will make addItIonal comments to the AFRC because they dId not respond effectIvely to many CIty concerns VIII. COMMISSION CONCERNS Seal Beach PIer CommISSIOner Law questIoned ownershIp of the pIer and Its fundmg sources as related to fishmg Mr WhIttenberg saId that fishmg IS a condIllon of the CIty'S havmg the pIer per the fundmg sources whIch the CIty obtamed from State agenCIes Mr WhIttenberg could not remember specIfic language of the lease, and therefore could not answer COmmtSSIoner Law's questIon on how many fishermen must be accommodated and where CommISSIoner Law mtroduced a letter she receIved from Dr Thayer regardmg re-establIshment of the pIer tram ThIS letter was lnItIal1y sent to Council members Cleanup of BIXby Lot CommISSIOner Law mdIcated BIXby's lot needs to be cleaned up Mr WhIttenberg Said staff will contInue to dISCUSS that With BIxby Co Page 14 l'lannmg COlllJlUSSlon Mlnnles or Febroary 9, 1994 . RepaIr of 405 Overpass CommiSSIOner Campbell menttoned agam that the 405 Freeway overpass at Seal Beach Blvd had been damaged dunng the Wlnttter earthquake Srnce that tIme the area has expenenced the Lander's and the Northndge earthquakes Two local newspapers have reported the overpass IS scheduled for retrofitttng but thIs has not been done Mr Whittenberg satd staff has contacted Caltrans but has not received a response Caltrans IS Impacted due to the Northndge earthquake As soon as the City hears somethrng a report Will be prepared for the Commtsslon Kyle/Kltsanrn Development Agreement Commtssloner Campbell asked when thIs Agreement was signed, how much did they agree to pay for parkIng and asked for a copy of the Agreement Mr Whittenberg satd he didn't remember the exact amount, It was $3,500 per space for eighteen spaces and credits were apphed Staff Will provide COmmtSSIOner Campbell With a copy of thiS Agreement The City Manager rnformed staff agreements had been signed and authonzed the BUlldrng Department to Issue permtts for the rntenor remodelrng They did not get permits for the rntenor remodehng untIl the slgmng was accomphshed The did, however, get permits for extenor remodehng which they could have received regardless of the Development Agreement . COmmtSSIOner Soukup asked If the work on the rntenor wall was started before the slgmng of the documents for the Development Agreement and the Issurng of the permit? He satd "That seems to be what I witnessed as I walked up and down the street" He satd he would hke to have thIs cleared up as It seems to be a blatant Ignorrng of the process Mr Wlnttenberg satd that when they started dorng work on the extenor of the bUlldrng, the BUlldrng Inspectors ISSUed a Stop Work Order because staff was aware the Development Agreement had not been signed Staff contacted the City Attorney's Office who rndlcated that under the terms of the Development Agreement they could proceed With the extenor work WithOUt the Development Agreement berng signed because that would not be changrng the use rnslde the bUlldrng At that ttme the Bulldrng Department Issued the extenor permtts only They did not get permits for rntenor work untIl after the Development Agreement had been signed Mr Whittenberg satd he did not personally know If they started some of that constructIon work pnor to geUrng a permit COmmtSSIOner Soukup rnformed Mr Wlnttenberg that he beheved that did happen CommiSSIOner Soukup satd "It may Just be an Issue of character I don't know If that's gorng to be an Issue at all But I certarnly don't hke those sorts of thrngs happemng" Mr Wlnttenberg satd we prefer they don't happen but sometImes they do happen The permtts have now been properly ISSUed and are on file now . . . . Page 15 - l'lannmg COIllllllSSiOD Minutes of February 9, 1994 CommIssioner Soukup Not Able to Attend Staff MeetIng on Ruby's Ap,plication Chatrman Dahlman said the CommISSIoner Soukup would not be allowed to be present dunng the Staff meetIng when Ruby's apphcatIon, CUP #93-15, IS dISCUSsed wIth representatIves of the Wtldltfe ConservatIon Board. Mr. Steele said he was statIng the prinCIpal generally and not wIth specific regard to Ruby's appltcation. He Satd a quasi-judicial body, ltke the Planmng COmmISSIOn, IS requIred to make decisions based solely on evidence presented at a Pubhc HearIng. A partIcular problem arIses when a member of the Planmng COmmISSIOn attends meetIngs, does extra research or InvestigatIon on appltcatIons, or takIng any kind of InformatIon outside the publtc record of a Publtc Heanng. When an IndIVIdual member of the Planmng CommISSIon gathers any type of InformatIon outsIde the Commission meetIng the CIty Attorney's Office WIll adVIse that CommISSIOner to abstatn from votIng on that Issue because the appltcant's and the publtc's due process nghts have been VIolated by the gathering of InformatIon outsIde the Public Heanng. The publtc's nghts have been Impatred by not having the opportumty to partiCIpate In the InfOrmatIOn gathenng. COmmISSIOner Campbell asked If, as CommISSIoners, they are allowed to make telephone calls, follow-up or get addItIonal informatIon? Mr. Steele Satd the handbook WhICh was provided to all new CommISSIon members adVIses each CommISSIoner on the Importance of baSIng theIr deciSIOns solely on the eVIdence coming before the CommISSIon at a Publtc Hearing. In an mstance where a CommISSIoner gets a telephone call from a constituent or IS approached on the street and gets addItIonal substantIve mformatIon, the CIty Attorney encourages each member to dIsclose such mformatIon on the Record, to share It WIth other CommIssion members. COmmISSIOner Soukup Satd he would not attend the February 15th meetIng at the pier WIth CIty staff and the Wtldltfe ConservatIon Board. IX. ADJOURNMENT Chatrman Dahlman adjourned the meettng at 10:46 p.m. Respectfully SubmItted, ao~~ Joan FIDmann Recordmg Secretary APPROVAL: The Planmng CommIssion MInutes of February 9, 1994 were approved by the Planmng CommISSIon meetIng on February 23, 1994.~