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HomeMy WebLinkAboutPC Min 1994-06-08 f . . . .. I. n. In. IV. V. CITY OF SEAL BEACH PLANNING COMMISSION AGENDA of JUNE 8,1994 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #94-19 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA By Motion of the Planning CommiSSIOn, this is the time to: (a) Notify the public of any changes to the agenda; (b) Rearrange the order of the agenda; andlor (c) Provide an opportul11ty for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. ORAL COMMUNICATIONS At this time, members of the public may address the Planning CommiSSion regarding any items within the subject matter jUrisdiction of the Planlllng commission, provided that NO action or discussion may be undertaken by the Planning Commission unless otherwise authorized by law. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motIOn unless prior to enactment, a member of the Planning commission, staff or the public requests that a specific Item be removed from Consent Calendar for separate action. 1. Approve Minutes of May 18, 1994 2. Receive and File: Staff Memo re Conditional Use Permit #86-7 - Transfer of ABC License at 1111 Pacific Coast Highway (Savon Drug Store). 3. Receive and File Staff Report: Legislative Recap - 1993 Legislative Session The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. . . . Page 2 - City of Seal Beach Planning Commission Agenda of June 8. 1994 4. Receive and File Staff Report: City Council Acceptance of Resignation of Commissioner Soukup and Declaration of Vacancy. 5. Receive and File Staff Report: City Council Support of SB 1477 re: Occupancy Levels. 6. Receive and File Staff Report: City Council report re: Population Estimates from State Department of Finance. 7. Receive and File Staff Report: City Council status report re: 1994 Draft Air Quality Management Plan (AQMP). 8. Receive and File Staff Report: City Council status report re: Coastal Commission "Override" of Certified Local Coastal Plan (LCP), impacting Sand City. 9. Receive and File Staff Report: City Council Opposition of SB 1272 re: SCAQMD Governing Board. 10. Receive and File Staff Report: City Council Support of AB 2897 re: Overconcentration of Liquor Licenses. 11. Receive and File Staff Report: City Council Support of SB 1839 re: Housing Element Revision. 12. Receive and File Staff Report: City Council Support of AB 2698 re: Alcoholic Beverage Control. 13. Receive and File Staff Report: City Council Support of SB 3805 re: Alcoholic Beverages Decoy Program. 14. Recommendation to Table for 60-90 Days - General Plan Amendment 94-1A and 94-1B and Zone Change 94-1,99 and 101 Marina Drive The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. . . . Page 3 - City of Seal Beach Planning Commission Agenda of June 8. 1994 VI. VII. VIII. IX. PUBLIC HEARINGS 15. Conditional Use Permit #92-19 Business: Clancy's Address: 111 Main Street Applicant: Steven Meier Property Owner: Steven Meier Request: Approval at 12 months for an indefinite extension of an alcohol-related land use permit. Resolution 94-19: Approving Conditional Use Permit # 92-19, subject to conditions set forth in Staff Report STAFF CONCERNS COMMISSION CONCERNS 16. Consideration of Approval of Resolution No. 94-20 A Resolution of the Planning Commission of the City of Seal Beach, California, Establishing Certain Time Limits and Procedures for the Conduct of Planning Commission Meetings ADJOURNMENT The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. Page 4 - City of Seal Beach Planning Commi&sion Agenda of June 8. 1994 . 1994 AGENDA FORECAST JUN22. CITY DEADLINE: MAY 18 GPA/ZC #94-1: 99/101 Marina Drive (O-E to LDR) (EXXON/UNOCAL) GPA94-2(A) and (B)/ ZC 94-2/ VAR94-3/ HY 94-4: 1600 Pacific Coast Highway (Rumrunner) JUL 06 CITY DEADLINE: JUN 01 Election of Chairman & Vice Chairman CUP #92-2 101 Main/SeaSide Grill/Review hours extension. JUL 20 CITY DEADLINE: ruN 15 ZT A 94-1 Adult Entertainment Ordinance/Zone Text Amendment AUO 03 CITY DEADLINE.: ruN 29 . CUP #92-26 Review of Tortilla Beach for receipt of ABC lic. & conditions. A un 17 CITY DEADLINE; JUL 13 SEP 07 CITY DEADLINE: AUG 03 SEP 21 CITY DEADLINE: AUG 17 OCT 05 CITY DEADLINE: AUG 31 OCT 19 CITY DEADUNE: SEP 14 NOV 09 CITY DEADLINE: OCT 05 NOV 23 CITY DEADLINE: OCT 19 DEe (f1 CITY DEADLINE: NOV 02 CUP #93-13 Papillon's @ 12 mos.lindef. exten. of entertainment. DEe 21 CITY DEADLINE: NOY 16 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. . If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. Page 5 - City of Seal Beach Planning COllllll1ssion Agenda of June 8. 1994 . STAFF REPORTS PENDING: NOT AGENDIZED . ZT A #92-2 Entertainment Cafes ACTION: City-wide policy statement on entertainment. STATUS: Pending City Manager's input. 1995 JAN CUP #92-13/143 Main/Papillon's/12 mos entertainment CUP #92-25/1400 PCR/Glider Inn/indefinite extension FEB MAR APR MAY . JUN JUL AUG SEP OCT NOV DEC CUP #94-1/600 Marina/Radisson 12 mos. ABC . The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours prior to the meeting. . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of JUNE 8, 1994 PLEDGE OF ALLEGIANCE The City of Seal Beach Planning Commission met in regular session ar7:30 p.m. with Chairman Dahlman calling the meeting to order with the Salute to the flag. ROLL CALL Present: Chairman Dahlman Commissioners Law, Sharp, Campbell Also Present: Department of Development Services Lee Whittenberg, Director Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary Craig Steele, Assistant City Attorney Absent: Commissioner Soukup MOTION by Dahlman; SECOND by Sharp to approve Commissioner Soukup's absence due to business. MOTION CARRIED: A YES: ABSENT: 4-0-1 Dahlman, Sharp, Law, Campbell Soukup APPROVAL OF AGENDA Chairman Dahlman asked if there were any extractions from the Consent Calendar, noting he would like to remove and discuss Item #14. MOTION by Dahlman; SECOND by Sharp to approve the Agenda. MOTION CARRIED: A YES: ABSENT: 4-0-1 Dahlman, Sharp, Law, Campbell Soukup Mr. Whittenberg explained the requested delay for Item #14, Recommendation to Table for 60- 90 Days - General Plan Amendment 94-IA and 94-IB and Zone Change 94-1, 99 and 101 Marina Drive. ORAL COMMUNICATIONS There were no oral communications from the audience. Page 2 - City of Seal Beach PL'lMmg CmnllllSSIOI\ Mmutes of JUlie 8, 1994 . CONSENT CALENDAR MOTION by Dahlman; SECOND by Sharp to approve to the Consent Calendar as follows: MOTION CARRIED: A YES: ABSENT: 4-0-1 Dahlman, Sharp, Law, Campbell Soukup 1. Approve Minutes of May 18, 1994 2. Receive and File: Staff Memo re Conditional Use Permit #86-7 - Transfer of ABC License at 1111 Pacific Coast Highway (Savon Drug Store). 3. Receive and File Staff Report: Legislative Recap - 1993 Legislative Session 4. Receive and File Staff Report: City Council Acceptance of Resignation of Commissioner Soukup and Declaration of Vacancy. 5. Receive and File Staff Report: City Council Support of SB 1477 re: Occupancy Levels. . 6. Receive and File Staff Report: City Council report re: Population Estimates from State Department of Finance. 7. Receive and File Staff Report: City Council status report re: 1994 Draft Air Quality Management Plan (AQMP). 8. Receive and File Staff Report: City Council status report re: Coastal Commission "Override" of Certified Local Coastal Plan (LCP), impacting Sand City. 9. Receive and File Staff Report: City Council Opposition of SB 1272 re: SCAQMD Governing Board. 10. Receive and File Staff Report: City Council Support of AB 2897 re: Over- concentration of Liquor Licenses. 11. Receive and File Staff Report: City Council Support of SB 1839 re: Housing Element Revision. . 12. Receive and File Staff Report: City Council Support of AB 2698 re: Alcoholic Beverage Control. . . . Page 3 - City of Seal Beach Planmng COIDnus,.OD Mmules of June 8, 1994 13. Receive and File Staff Report: City Council Support of SB 3805 re: Alcoholic Beverages Decoy Program. 14. Recommendation to Table for 60-90 Days - General Plan Amendment 94-1A and 94-1B and Zone Change 94-1, 99 and 101 Marina Drive PUBLIC HEARINGS 15. Conditional Use Permit #92-19 Business: Clancy's Address: 111 Main Street Applicant: Steven Meier Property Owner: Steven Meier Request: Approval at 12 months for an indefinite extension of an alcohol-related land use permit. Staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department]. Commission Comments on Staff Report Commissioner Sharp asked if the issue of air conditioning/closing the back door had been resolved? Mr. Curtis said yes. Commissioner Campbell asked how long their hours of operation have been 6:00 a.m. to 2:00 a.m. daily? Mr. Whittenberg said Clancy's has had a legal pre-existing (zoning) status for years as it has existed at least since the 1940's, He explained Clancy's and The lrisher are the only two Main Street establishments classified as bars and both are legal pre-existing uses. When they were put under the CUP process, the City's policy was not to restrict their hours. Chairman Dahlman asked what a reasonable amortization period would be to bring their hours into compliance with a City standard, now that we're in the mid-1990's? Mr. Whittenberg said the California Supreme Court case of Goat Hill Tavern v. City of Costa Mesa resulted in the court stating the City of Costa Mesa could not modify the tavern's hours. He felt the Commission would have to prove a public nuisance situation. Mr. Steele said the Supreme Court's holding was that a legal pre-existing use acquires some rights to maintain that use but not expand that use, including hours of operation. Mr. Whittenberg indicated there have been very few, ifany, complaints regarding Clancy's. Chairman Dahlman said he asked this question because he envisioned the Main Street Specific Plan trying to bring together Main Street in a consistent, thematic way to emphasize the strengths of Seal Beach, one of which is the family- oriented town. He asked what types of incentives are in the General Plan or this CUP to encourage the owner of Clancy's to bring this business more into compliance with the General Plan? This might involve the establishment becoming a restaurant and closing at an earlier hour. Mr. Whittenberg repeated Clancy's established rights under California law. It would take a Page 4 - City of Seal Beach Plannmg ConulII~slon MlDules of June 8, 1994 . proposal at their own initiative. Chairman Dahlman explained he was not suggesting the City attempt to amortize that use out. He was suggesting that through the use of a CUP, couldn't the City provide incentive for the owner to make this conversion, which would be favorable to all the other Main Street businesses. "There are only two (bars) left in Seal Beach and there is no reason we can't have zero". Commissioner Law asked if the owners were to sell could the hours be restricted? Mr. Whittenberg said no, the CUP grants the rights to the property. Those conditions would apply to a new owner. As long as the new owner meets those conditions they can continue to operate. However, if they don't meet the Conditions of Approval, they would have to come back to the City and seek an amendment to the conditions. Mr. Steele said the Commission's options are limited to a situation where the use is terminated for a certain time period or where the use is expanded in violation of the Conditions of Approval or if there is a violation of such a magnitude that would justify a revocation of their CUP. Public Hearing Chairman Dahlman opened the Public Hearing. The Recording Secretary stated there have been no communications from the public. The applicant was not present. There was no one in the audience wishing to speak for or against this application. Chairman Dahlman closed the Public Hearing. Commission Comments Chairman Dahlman said Condition #4 refers to CUP #93-5 which was not included in this . packet. Mr. Curtis said CUP #93-5 allowed Clancy's to maintain up to three video games. Chairman Dahlman asked if both The Irisher and Clancy's had pool tables? Mr. Curtis said The lrisher might have two pool tables and a couple of video games. He said the playing field was level between the two establishments except The lrisher does not have a CUP. Chairman Dahlman asked if The Irisher is required to have a CUP? Mr. Whittenberg said The lrisher has determined not to apply for a CUP. Mr. Colantuono, Assistant City Attorney, is reviewing what the City may be able to do to force the issue of the Conditional Use Permit or to begin an amortization schedule for that use because of the non-CUP. There is some concern that this can be a forced issue. Chairman Dahlman said he felt we owe it to the owners of Clancy's to see that The lrisher complies with that rule. Chairman Dahlman said Condition #5(e) is not worded correctly, stating it says the bar use is compatible with the Main Street area. He proposed re-wording as follows: (e) Although it is not compatible with the Main Street area, the subject property's pre-existing use as a bar may be permitted under the General Plan. Mr. Whittenberg said that language is technically accurate and staff would have no objection to it. He suggested changing the word "may" to "is conditionally permitted". Chairman Dahlman agreed. . Page 5 - City of Seal Beach Plannmg Conul\l~~lon MlOulcs of June 8, 1994 . Chairman Dahlman suggested addition Condition #22, to read: 22. This permit is subject to further modification, as permitted by law, upon enactment of the Main Street Specific Plan. Mr. Steele said this would be redundant because CUPs are always subject to amendment based on a new General Plan, Specific Plan or any change in the law. The only advantage the City would gain from adding such a Condition would be to put the applicant on notice that some participation in the Specific Plan process would be advisable because the Specific Plan may impact their business. Chairman Dahlman said if there were no legal advantage to it, then he would not push for it. Chairman Dahlman said he was uncomfortable because Commissioner Soukup, District l's representative, is absent tonight. He wondered what the other Commissioners thought, suggesting a shorter review period, or perhaps a review in six months at no cost to the applicant. Mr. Steele said the Commission does have the right to continue this matter for two weeks until Commissioner Soukup is present. He indicated he would be more comfortable if the applicant were present and felt staff could make an effort to have the applicant present from a due process perspective. . Commissioner Sharp said he saw no reason to extend the hearing for two weeks because this item has been on review for one year and no one has written, telephoned or otherwise, provided any complaint against Clancy's. He said he will not be present at the June 22nd meeting. Commissioner Campbell agreed it should be extended for two weeks as a courtesy to Commissioner Soukup, as Clancy's is in his District. Commissioner Law said she saw no reason to continue the matter because Clancy's has complied with all their Conditions of Approval. MOTION by Law; SECOND _ not to continue Conditional Use Permit #92-19. Motion failed for lack of a Second. MOTION by Dahlman; SECOND by Campbell to reopen the Public Hearing for the purpose of continuing Conditional Use Permit #92-19 to the Planning Commission meeting of June 22, 1994 to allow Commissioner Soukup to have his input. MOTION CARRIES: A YES: NOES: ABSENT: 4-0-1 Dahlman, Campbell, Sharp Law Soukup . Commissioner Sharp said he would like to go on the Record as approving of this CUP although he will not be present at that meeting. Page 6 - City of Seal Beach Planmng Con111119~lon MlI1ute~ of June 8, 1994 . Mr. Steele said staff will suggest to Commissioner Soukup that he review tonight's video tape so he can fully participate in the meeting. Staff will also telephone the applicant to remind them the matter is continued. Mr. Whittenberg said the staff report will remain the same but the Resolution will be modified to reflect the Commission discussions. STAFF CONCERNS There were no staff concerns. COMMISSION CONCERNS 16. Consideration of Approval of Resolution No. 94-20 A Resolution of the Planning Commission of the City of Seal Beach, California, Establishing Certain Time Limits and Procedures for the Conduct of Planning Commission Meetings Commissioner Campbell suggested changes to Section 4 (2): 2. The Planning Commission shall not consider any new agenda item after 11 :00 p.m. at any meeting. Not later than 10:45 p.m. at each meeting, the Planning Commission shall determine the disposition shall reschedule the remaining agenda to a date certain between the present and the following Planning Commission meeting O! vote at that particular time to continue the meeting until it is resolved, of its femaifliflg agenda items. If the Plaflfliflg Commissiofl dctermifles that remaining agenda items mHst be eontinl:loo to a sl:lbseql:lent Fegl:llar or eontinHoo meetiflg, the COlllmissiofl shall imlflooiatcly take aetiofl to schedule SHeA meetiRg. . Mr. Whittenberg suggested adding the words "continue the matter". Commissioner Campbell said the Commission would have to take the remaining agenda, noting they could not pick or choose, and pick a date certain within the next two weeks or vote to extend the meeting, waiving the 11:00 p.m. limitation. The meeting could be continued to another day. Commissioner Sharp said he was concerned about Section 4 (1): 1. There is hereby established a time limit of five (5) minutes per speaker, per item, for each speaker who testifies on a given item at a Planning Commission meeting. The Chair shall strictly enforce this provision. This limit may be altered in special cases to allow the applicant specified additional time in the discretion of the Chair, or upon the motion of any Member, properly seconded and adopted by the Commission. He said the applicant should not be limited to five minutes. Mr. Steele said the Chair could . extend the time for the applicant as necessary. Everybody will have five minutes unless the r' Page 7 - City of Seal Beach Plannmg CO\1Umnllll1 Mmulea of June 8, 1994 . Chair decides the applicant needs more time and grants the time to him/her. Mr. Steele asked Commissioner Campbell if her intent was to have everything rescheduled to the following meeting or would it have to be taken care of before the next meeting adjourned? She said either could be done. Mr. Steele said he had no problems with Commissioner Campbell's wording and felt it was a good solution. Commissioner Sharp said he wanted to be sure the Commission was not tying itself into another meeting as it was very expensive for the City. Mr. Steele said the Commission was allowing itself to either schedule another meeting or go onto the next regularly scheduled meeting. . Chairman Dahlman asked about #4, no speaker, other than the applicant, be allowed to speak more than once. Mr. Steele said it's a matter of efficiency to consider the whole matter one long Public Hearing, when the City already has a person's testimony in the Record and the Commission has heard the testimony once. Chairman Dahlman felt that the public should have the right to comment again if the applicant should modify his proposal mid-stream. Commissioner Campbell suggested adding the phrase "If they have new testimony to offer". Mr. Steele pointed out that in most cases, when substantive changes are made to a proposal, another review would be necessary of the environmental documentation and all the analyses. Commissioner Sharp suggested adding that a person may not speak a second time until everyone who wants to speak has had a chance to speak once. Mr. Steele said some cities have rules of decorum which provide that speakers shall refrain from making repetitive or redundant comments and the Chair shall have the discretion to step down from the podium. Commissioner Campbell said it's obvious from the hearings she has attended that one speaker may have more things to add after hearing the other speakers. Mr. Steele said the five minute limit without the one time limit essentially eliminates the five minute limit because anyone who wants to speak for fifteen minutes just gets up and speaks for five minutes on one subject, and then gets up and speaks for five on another subject et cetera. MOTION by Sharp; SECOND by Dahlman to adopt Resolution No. 94-20 with a modification to Section 4 (2) as noted. MOTION CARRIED: A YES: ABSENT: 4-0-1 Sharp, Dahlman, Campbell, Law Soukup Commissioner Law said she felt that if the Chairman is late in arriving at a meeting the Vice Chairman should conduct the entire meeting. She found it very disruptive to start allover when the Chairman arrives. Mr. Steele said relinquishing the Chair is a courtesy and he knew of no formal rule. . Page 8 - City of Seal Beach Pl:mnmg ConulIInlOn Mmutes of June 8. 1994 . ADJOURNMENT Chairman Dahlman adjourned the meeting at 8:22 p.m. Respectfully Submitted, ~oa- ~a.-.,", Joan Fillmann Recording Secretary . .