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HomeMy WebLinkAboutPC Min 1994-08-03 . . . .. V. CITY OF SEAL BEACH PLANNING COMMISSION AGENDA of AUGUST 3, 1994 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #94- I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. 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; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. IV. ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Planning 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 July 20, 1994. 2. Receive and File: Staff Report re Assembly Bill 51 - The City of Seal Bt:al,.h cOlllpltt'~ with tht' ^Illt'ncan~ With Di~.lhJlIII~~ Act of 1990 [I you re::qulrt: !.pt'cm[ assistance:: to attend or partlcip.1te 111 thl!. 1llt't'lInj!, plt'.1~e:: telephone tht' City Clt'rk'~ Oftil.:~ at (310) 431-2527 at le::a~t 48 hour~ pnor to the me::e::ting. . . . Page 2 - City of Seal Beach Planning Commission Agenda for August 3, 1994 VI. VI. Housing Element Revision. 3. Receive and File: staff Report re Assembly Bill 2742 - Regulation at Liquor stores - Update. Receive and File: Staff Report re Senate Bill 1839 - Housing Element Revision - Update. 4. 5. Receive and File: Staff Report re Assembly Bill 463 - Alcoholic Beverages. SCHEDULED MATTERS 6. Resolution No. 94-29 re Variance #94-5/Burger King 7. Resolution No. 94-30 re CUP 94-4/Burger King 8. Determination of Request: Zoning Planning Commission determination of proper zoning for a drive-thru espresso bar. PUBLIC HEARINGS 9. CUP #92-26 Address: Applicant: Request: 3005 Old Ranch Parkway Cary Hardwick Review of Tortilla Beach for receipt of ABC license and ABC conditions. 10. Variance #94-4 [Continued from 7/20/94] Address: Applicant: Property Owner: Request: 13533 Seal Beach Boulevard Howard McCurdy/Golden Rain Foundation Golden Rain Foundation Approval to install a new four square foot sign existing resales off ice within Leisure World. twenty- for an located VII. STAFF CONCERNS 11. Memorandum re Planning Commissioners Workshop The City of Seal Beach c()lllphc~ with thl' AIllt'rlCHIl!. With Dlsahilltlt:s Act of 1990. If you rt:C(uire special a!.sistance to attend or parltclpate 111 thIs Illet'till~, pleH!.e tclephollt: tht: City Clt:rk'!. Oltict: at (310) 431-2527 at least 48 hours prior to the meetlllg. . . . Page 3 - City of Seal Beach Planning Commission Agenda for August 3, 1994 VIII. COMMISSION CONCERNS IX. ADJOURNMENT The City of Senl Beach complies wIth the Amel"lcans With DI..ahllltle~ Act ot 1990. It you reql1lJ"e special assistance to attend or pnrtlclpate In this l11et'tlnl!.. plea":~ telephone the City Clerk'~ Ottice .1t (310) 431-2527 at least 48 hours pnor to the meeting. .. . Page 4 - City of Seal Beach Planning Commission Agenda for August 3, 1994 AUG 17 SEP 07 SEP 21 OCT 05 OCT 19 NOV 09 NOV 23 DEC 07 . DEC 21 1994 AGENDA FORECAST CITY DEADLINE: JUL 13 VAR #94-4: Sign at Leisure World/McCurdy (Continued from 7/20/94) CITY DEADL!NE: AUG 03 ZC 94-1 and GPA #94-1(A)&(B) 99/101 Marina Dr. CITY DEADLINE: AUG 17 CITY DEADLINE: AUG 31 CITY DEADLINE: SEP 14 CITY DEADLINE: OCT 05 CITY DEADLINE: OCT 19 CITY DEADLINE: NOV 02 CUP #93-13 Papillon's @ 12 mos./indef. exten. of entertainment. CITY DEADLINE: NOV 16 STAFF REPORTS PENDING; NOT AGENDIZED · ZTA #92-2 City-wide policy statement on entertainment. · CUP #92-2 @ 101 Main/SeaSide Grill/Review indefinite extension. · Study Session re: Proposed Newsrack Ordinance. . The City of Seal Btll1ch l'ol1lplles with the AlIlencan1> With DI..ahlhtltl1> Act ot 1990. If you rtlqulrtl special asslstanCtl to attend or participate In thl~ lllet'tIll1!. pltll11>e telephone the CIty Clerk'1> Office at (310) 431-2527 at Itla~t 48 hours pnor to the Illetltlllg. . Page 5 - City of Seal Beach Planning Commission Agenda for August 3, 1994 . 1995 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT . NOV DEC CUP #92-13/143 Main/Papillon's/12 mos entertainment CUP #92-25/1400 PCH/Glider Inn/indefinite extension CUP #94-1/600 Marina/Radisson 12 mos. ABC Election of Chairman & Vice Chairman . The City of Seal Beach COJl1pht:'~ with th~ AJl1em'dn~ With DIMlhllltles Act of 1990, If you reqUIre special assIstance to attend or participate In t11l'.. meetll1~, plea~e tel<:lphon<:l the CIty CI<:lrk's Oftil'e ..t (310) 431-2527 at lea~t 48 hours prior to the meeting. CITY OF SEAL BEACH PLANNING COMMISSION . MINUTES of AUGUST 3, 1994 PLEDGE OF ALLEGIANCE The City of Seal Beach Planning Commission met in regular session at 7:30 p.m. with Chairman Dahlman calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Chairman Dahlman Commissioners Law, Campbell, Brown Also Present: Department of Development Services Lee Whittenberg, Director Barry Curtis, Administrative Assistant Craig Steele, Assistant City Attorney Absent: Commissioner Sharp Joan Fillmann, Executive Secretary . Without objection and by Order of the Chair, Commissioner Sharp's absence was excused. APPROVAL OF AGENDA Chairman Dahlman said he wished to comment on Consent Calendar Item #2, additionally indicating his "Yes" vote on the Consent Calendar would be an abstention on the July 20th Minutes. MOTION by Campbell; SECOND by Dahlman to approve the Agenda with the extraction of Item #2. MOTION CARRIED: AYES: ABSENT: 4-0-1 Campbell, Dahlman, Law, Brown Sharp ORAL COMMUNICATIONS Chairman Dahlman declared Oral Communications open. There were no Oral Communications from the audience. . Page 2 - City of Seal Beach Planning Commission Minutes of August 3, 1994 . CONSENT CALENDAR . . Commissioner Campbell made a correction to the July 20th Minutes at page 15, changing lithe Chair" to "Mr. Von Esch". MOTION by Campbell; SECOND by Brown to approve the following Consent Calendar items: 1. Approve Minutes of July 20, 1994. 3. Receive and File: Staff Report re Assembly Bill 2742 - Regulation at Liquor Stores - Update. 4. Receive and File: Staff Report re Senate Bill 1839 - Housing Element Revision - Update. 5. Receive and File: Staff Report re Assembly Bill 463 - Alcoholic Beverages. MOTION CARRIED: A YES: ABSENT: 4-0-1 Campbell, Dahlman, Law, Brown Sharp *** 2. Receive and File: Staff Report re Assembly Bill 51 - Housing Element Revision. Chairman Dahlman, noting Assembly Bill 51 is unfavorable, asked staff what will happen if it passes anyway? If the City has already revised the Housing Element, when and if AB 51 is passed, does the City then get a five year extension on what's in there or does AB 51 take effect? Would the City be making a strategic mistake by not revising it ahead of AB 51's possible passage? Chairman Dahlman questioned staff about revision of the City's Housing Element and what effect Assembly Bill 51 would have if passed. Director Whittenberg said the 1993 State budget process changed the required Housing Element update from 1994 to 1996 because the State does not have funds to cover the local costs of its mandate. If AB 51 should pass, it will take effect on January 1, 1995 unless amended as an urgency bill. Whatever provisions AB 51 contains would be what the City would have to deal with in 1996. The "feel" in Sacramento is that neither bill will pass and both will be carried into a conference format to resolve the differences. State law now provides a specific year for the Housing Element to be updated; for Seal Beach, it must be done in 1996 and 2000. Mr. Steele said the State sets specific dates because there are statistics which must be met in the year 1996 that can't be accurately forecasted in 1994 or 1995. Page 3 - City of Seal Beach Planning Commission Minutes of August 3. 1994 . MOTION by Dahlman; SECOND by Campbell to Receive and File Item #2. . . MOTION CARRIED: AYES: ABSENT: 4-0-1 Campbell, Dahlman, Law, Brown Sharp SCHEDULED MATTERS Director Whittenberg and Chairman Dahlman indicated the Public Hearing scheduled for this meeting will not be heard because, after a review of the file, staff determined a Public Hearing was not necessary. The Notice was sent to the local newspaper but no Notices were mailed to property owners within 300'. No one was in the audience regarding this matter. Chairman Dahlman asked staff if the applicant had signed and returned a City Acceptance of Conditions form? Mr. Whittenberg said that was provided to the Planning Commission in February. *** 6. Adopt Resolution No. 94-29 re Variance #94-S/Burger King Subject to Conditions of Approval. 7. Adopt Resolution No. 94-30 re CUP 94-4/Burger King Subject to Conditions of Approval. Commissioner Campbell said there is a typographical error in Resolution No. 94-30 at Condition #2, the word should be "open" not "upon"; staff will correct. Commissioner Brown indicated a change to Condition #26 on page 6, the word "within" should be inserted; staff will correct. MOTION by Campbell; SECOND by Law to approve Resolution No. 94-29 as presented. MOTION CARRIED: AYES: ABSTAIN: ABSENT: 3-0-1-1 Campbell, Law, Brown Dahlman Sharp *** MOTION by Campbell; SECOND by Law to approve Resolution No. 94-30 with two corrections as noted. MOTION CARRIED: AYES: ABSTAIN: ABSENT: 3-0-1-1 Campbell, Law, Brown Dahlman Sharp . . . Page 4 - City of Seal Beach Planning Commission Minutes of August 3, 1994 Mr. Whittenberg informed the audience the Commission has adopted the two Resolutions and this starts the ten calendar day appeal period to the City Council. 8. Determination of Zoning Request: Planning Commission determination of proper zoning for a drive-thru espresso bar. Staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department]. Commission Comments on Staff Report Commissioner Campbell asked which zoning would give The Daily Grind the most options, and which would give them the option to expand if they desire? Chairman Dahlman said C-l. Commissioner Law asked if The Daily Grind would be allowed to sell pre-packaged sandwiches? Mr. Curtis said no, that would put them in the category of a drive-in restaurant. Mr. Curtis recommended the Conditional Use Permit (CUP) specify the types of food allowed to be sold at the subject site. If C-2 zoning were specified for this use, The Daily Grind would not be allowed in the Seal Beach Center but would be allowed in the Bay City Center or Rossmoor Center. Chairman Dahlman said he felt the City fathers were envisioning Bob's Big Boy and Car Hop when the municipal Code refers to "drive-in restaurants" and not Jack In The Box or Burger King's drive-thru restaurants. Mr. Curtis read municipal Code ~28-225, the definition of "drive- in restaurant", noting drive-thru restaurants are included in the definition. Chairman Dahlman asked when this was adopted? Mr. Curtis said it was adopted around 1978 by Ordinance No. 948. Chairman Dahlman said the idea that this would sell a beverage and not a food is a technicality. Mr. Whittenberg said Chairman Dahlman was correct, it is a technicality, but staff feels the use is a less intensive use and staff would feel comfortable having it in the C-l zone with a CUP in place. Staff would have to word the Conditions of Approval to not allow food preparation in that business location. Commissioner Brown said the definition of "restaurant" says it's a retail food establishment in which food is prepared and served to customers on a plate by waiters and waitresses. The Daily Grind would not fit into this definition. In terms of use and intensity, it's most similar to a drive-in window film stand. Chairman Dahlman asked if traffic and parking impacts would be mitigated via the CUP process? Mr. Whittenberg said yes, that's one of the major purposes of the CUP process. Page S - City of Seal Beach Planning Commission Minutes of August 3, 1994 . Commissioner Law asked where The Daily Grind would be located? Mr. Whittenberg said the Commission should consider only whether this is an appropriate use for the C-l or the C-2 zone subject to a CUP. Commissioner Campbell asked what would be the difference from buying pre-packaged sandwiches made by Pavilions at The Daily Grind and buying pre-packaged croissants/muffins? Commissioner Law said there was no difference but the question remains, is the City going to allow them to do it? Mr. Whittenberg said this will be a Planning Commission determination at the next meeting. Staff would craft language to be incorporated in the Resolution which would then allow the Commission to consider each application on its own merits. The Commission should give staff direction tonight. Commissioner Campbell said the applicant has not asked to sell pre-packaged sandwiches, only pre-packaged muffins and croissants. She asked why the Commission should go beyond what the applicant has asked for? Mr. Whittenberg said the Commission should make its decision based on what it feels is best for the community not what a particular applicant may desire. . Mr. Steele said the City Attorney's Office would recommend the Planning Commission wait and see what testimony is given at the Public Hearing for The Daily Grind. From a legal standpoint, it would be best to have a broad definition of a particular use and tighten it up through the CUP process once you know what an applicant does or doesn't want to do. MOTION by Campbell; SECOND by Brown that a drive-thru espresso bar be determined consistent with uses in the C-l zone and that a Conditional Use Permit be required. MOTION CARRIED: AYES: ABSENT: 4-0-1 Campbell, Law, Brown Sharp Mr. Whittenberg restated that staff will prepare a Resolution and bring it back to the Commission at the August 17th Commission meeting for review. PUBLIC HEARINGS 9. CUP #92-26 Address: Applicant: Request: 3005 Old Ranch Parkway Cary Hardwick & Review of Tortilla Beach for receipt of ABC license and ABC conditions. . This item was Noticed in error and will not be heard this evening. Page 6 - City of Seal Beach Planning Commission Minutes of August 3, 1994 . STAFF CONCERNS . . 10. Memorandum re Planning Commissioners Workshop Mr. Whittenberg explained the half-day seminar to which the Planning Commissioners are invited. Costs would be covered the Planning Department budget. Mr. Whittenberg asked who would like to attend, noting Commissioner Campbell plans to attend the San Clemente session. Commissioner Brown said he would like to attend one of the two sessions but could not commit to a date now. Commissioner Law said she would like to attend the San Clemente session. Staff will make the arrangements. COMMISSION CONCERNS Chairman Dahlman asked staff to agendize a discussion of late night noise at drive-thru restaurants with the aim to developing a solution to this problem. Mr. Whittenberg said a discussion item can be prepared for a future meeting. Commissioner Law asked Mr. Steele if he had received a ruling about Commissioners Sharp and Law being able to participate in votes involving Leisure World? Mr. Steele said he has not received a ruling but anticipated he would have something in two or three weeks. Chairman Dahlman noted he has had a similar request to be able to represent people who live within 300' or 500' of his home. Mr. Steele explained the difference in these two situations, saying there are two different regulations. The 300' rule is a bright line no interpretation required rule. The financial interest rule which affects Commissioners Sharp and Law is an interpretation rule and that's one the City Attorney's Office may ask an interpretation on from the Fair Political Practices Commission. ADJOURNMENT Chairman Dahlman adjourned the meeting at 8:10 a.m. Respectfully Submitted, ~ ~"-" Joan Fi! mann Recording Secretary APPROVAL: The Plannin~mission Minutes of August 3, 1994 were approved on August a 1994.