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HomeMy WebLinkAboutPC Min 1994-12-21 . . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA of DECEMBER 21, 1994 7:30 P.M. * city Council Chambers 211 Eighth street, Seal Beach, CA Next Resolution: #94-45 I. PLEDGE OF ALLEGIANQE II. ROLL CALL m. 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. V. 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 December 7, 1994 The CIly oJSeal Beach complJa wilh 1M Americans Willa DisabilllJeS Act oj 1990. lfyou reqlllre specuU QSslSta1Ice to allend or partu:ipare ut this meerutg, please telephone 1M Oty am's 0jJice at (910) 491-2527 at least 48 hours pnor to 1M meeting. . . . VI. VIT. VIll. IX. Use Permit 94-8 [Continued from 12-7-94] 327 Main street Nip In stuff Liquor John Baker Richard Harbour Approval of an alcohol-related land use, specifically a relocated liquor store,at 327 Main street and adopt Resolution No. 94-44. Pleasure of the Commission. PUBLIC HEARINGS 2. Conditional Address: Business: Applicant: Property owner: Request: Recommendation: STAFF CONCERNS COMMISSION CONCERNS ADJOU~ENT ,. Page 3 - Cdy of Seal Beach Planning CommiSSion Agenda · 12/21/94 . 1994 AGENDA FORECAST STAFF REPORTS PENDING: NOT AGENDIZED . ZTA #92-2 City-wide policy statement on entertainment. . Study Session re: Proposed Newsrack Ordinance. 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 0Iy ofStNd Beach complies with 1M Americans WiIh DisabUities Acr of1 m. Jfyou requin spet:Ull QSsis1ll1lce to tlUeIId or participate ill this meeting, please telephone 1M 0Iy Qerk's 0jJice al (310) 431-2527 alleast 48 hours prior to 1M meeling. CITY OF SEAL BEACH PLANNING COMMISSION . MINUTES of DECEMBER 21, 1994 The City of Seal Beach Planning Commission met in regular session at 7:30 p.m. by Chairman Dahlman calling the meeting to order with the salute to the flag. ROLL CALL Present: Chairman Dahlman Commissioners Brown, Sharp, Law, Campbell Also Present: Department of Development Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary APPROVAL OF AGENDA MOTION by Sharp; SECOND by Campbell to approve the agenda as presented. . MOTION CARRIED: AYES: 5-0-0 Sharp, Campbell, Law, Dahlman, Brown ORAL COMMUNICATIONS There were no oral communications from the audience. CONSENT CALENDAR MOTION by Sharp; SECOND by Campbell to approve the Consent Calendar as presented: 1. Approve Minutes of December 7, 1994 MOTION CARRIED: A YES: 5-0-0 Sharp, Campbell, Law, Dahlman, Brown . Page 2 - Cil;y of Seal Beach Plannmg COIlullIssion Mmutes · 12/21/94 . PUBLIC HEARINGS . . 2. Conditional Use Pennit 94-8 [Continued from 12-7-94] Address: 327 Main Street Business: Nip 'n Stuff Liquor Applicant: John Baker Property Owner: Richard Harbour Staff Report This application has been continued from the December 7, 1994 Planning Commission meeting. Mr. Curtis presented the staff report. [Staff report on file in the Planning Department]. The applicant, John Baker, requested City approval of an alcohol-related land use, specifically a relocated liquor store, at 327 Main Street. On December 7th, the Commission requested a continuance to allow staff to obtain (1) a letter from Ron Bennett, the property owner at 322 Main Street, the former site of the liquor store. Mr. Bennett wrote a letter relinquishing CUP 92-22 to the City (attachment 2 to the Staff Report); (2) information on loading facilities for 327 Main Street. The property at 327 Main Street has no loading spaces off the alley as required by the municipal Code (Code). The applicant will not be required to provide on-site loading spaces off the alley because this application is not considered an intensification of use but rather a continuation of the previous retail use. Mr. Curtis outlined four choices on loading areas for the Commission's review. Mr. Curtis discussed Commission concerns on CUP 94-8 brought forward at the December 7th meeting: Signage - Condition #6 would prohibit the applicant from placing any signs advertising alcoholic beverages in his window areas. This condition was also placed on his present CUP and was not adhered to. To ensure compliance, staff recommended four short-term review periods (at 3 months, at 6 months, at 6 months again and finally consideration for indefinite extension). Fire Escape - In commercial uses with an occupancy load of 49 persons or less, only one exit is required. The Orange County Fire Department will review and approve any plans for tenant improvements on the site. Restrooms - The restroom at the rear of the structure appears to meet restroom requirements for this use. The applicant will have to meet Americans With Disabilities Act (ADA) requirements prior to issuance of a Certificate of Occupancy. Area of Use - Staff recommended conditions be placed to require the applicant to come back to the Planning Commission if this applicant wanted to expand into neighboring portions of the building. Adult Materials - Condition #6 requires adult materials be screened from view of the general public. . . . Page 3 - City of 8C111 Bcach Planning Commission MmulcS · 12121/94 Acceptance of Conditions Form - Staff reviewed the file on CUP 92-22 and an Acceptance of Conditions form was signed and Notarized and is in the file. Mr. Curtis indicated the City received two letters since the December 7th Commission meeting regarding this application. One is from the Seal Beach Merchants Association in favor of this request. The other is from the property owner of 332 8th Street who requests this use not be permitted at such late hours. Commission Comments on Staff Report There were no Commission comments. Public Hearing Chairman Dahlman re-opened the Public Hearing of December 7th. John Baker * Owner of Nip 'n Stuff Liquor Regarding parking, Condition of Approval #5, Mr. Baker said it is difficult to limit the hours deliveries will take place because the various company dispatchers set the schedules. He will ask his suppliers to deliver at the hours the City requests. Mr. Baker added he has approximately five very large truck deliveries per week at approximately twenty minutes each. Additionally, he spoke to Jim Hagel, Law Offices of Hagel & Coulter at 323 Main Street, about unloading. Mr. Hagel said he has no problem with the applicant taking deliveries in front of his parking lot, adding it is alright if either or both of his driveways are blocked because his parking lot is for his employees who do not come and go. It was noted there are two driveway cuts and a red zone in front of Mr. Hagel's parking lot. Chairman Dahlman asked staff if the Police Department has a policy regarding delivery trucks parked in front of driveways and red zones. Mr. Curtis said he believed it is illegal to park in a red zone. Mr. Curtis indicated he had checked the municipal Code re parking in front of the Bay Theater and determined it would be jay walking to cross Main Street to make deliveries to 327 Main Street. Mr. Baker said he checked with the Police Department and was told there is no jay walking enforcement on Main Street. Mr. Baker said the red zone at 327 Main Street is about the size of a compact car and that's why it was painted red and he did not believe the police would bother the delivery people as they are not blocking any traffic. The applicant took photographs of the Bay Theater which show two or three parking spaces which are never used. The applicant felt these spaces aren't used because people think it's illegal to park in front of the theater; those spaces are not marked. Chairman Dahlman said Condition #5 says nothing about emergency deliveries at other times and precludes deliveries outside of 8:00 a.m. - 10:00 a.m. Mr. Baker said the previous meeting discussed 9:00 a.m. - 11:00 a.m. deliveries. . . . Page 4 - City of Seal Beach PIannmg ConunisslOlI Mmutes · 12/21/94 Regarding hours of operation, Mr. Baker said he has operated with same hours for years and his customers come in late or he wouldn't be open. Regarding signs advertising alcoholic beverages in the windows, Condition #8, Chairman Dahlman asked Mr. Baker if he would agree to a monetary penalty of $100 per day for the display of a neon lighted sign advertising specific alcoholic beverages? Mr. Baker said no because the City has no law mandating this in its codes. Mr. Baker said he removed all such signage from his windows after the December 7th meeting because the Commission was concerned despite his explanation for needed signage. For the last thirteen days there have been no signs advertising specific alcoholic beverage brands. Commissioner Sharp asked what Savon' s and Von' s Pavilion hours of operation are? Chairman Dahlman said he believed Pavilion's are authorized to operate 24 hours daily. Mr. Whittenberg said both stores are allowed to sell alcoholic beverages according to State law, not from 2:00 a.m. to 6:00 a.m. Persons Speaking In Favor Of The Application Stan Anderson * 632 Balboa Drive. Seal Beach Mr. Anderson introduced himself as a City resident, President of the Business Association and owner of Coach's Sports Grill. Mr. Anderson said he sees no problems with this application and noted its hours of operation will have no impact on the community. He said it's unfair for the Planning Commission to take hours of operation away from a businessman because that's marketability. He felt the Commission wants the merchants to operate from 10:00 a.m. to 10:00 p.m., but said that's not how business operates. He intimated certain Commissioners may not understand business because they work in professional fields. Chairman Dahlman said his position has always been that he would like to see a level playing field for all the businesses and that no one gets special privileges to the detriment of his competition. He asked staff what are the hours of the other Main Street liquor stores? Mr. Curtis said the one other liquor store, Main Street Liquor, closes at 11:00 p.m. by their own request. They could have stayed open to 2:00 a.m. but they felt the market was not there for the later hours. Savon and Pavilion's open at 6:00 a.m. and close at 12:00 midnight but they would be allowed to stay open 24-hours and to sell alcohol until 2:00 a.m. Bruce Stark * Seal Beach (No Address Given) Mr. Stark said this use is compatible and not detrimental to the neighborhood and should be approved. Chairman Dahlman said that in Seal Beach regarding Main Street people in large numbers have overwhelmingly registered their concerns about the proliferation of alcohol sales signs, the late hours of non-family oriented businesses and the shortage of parking. All these issues need to be addressed when the Planning Commission approves a CUP. He said the rights and interests Page 5 - City of Seal Beach Planning Conunission Minulcs · 12/21/94 . of the entire neighborhood, including the other businesses, need to be balanced with the rights of this applicant. Persons Speaking In Opposition To The Application Roger West * 1201A Electric Avenue. Seal Beach Mr. West said the Planning Commission should refuse to grant this new application because the applicant has violated the Conditions of Approval on CUP 92-22. Chairman Dahlman asked if any other persons wished to speak? Mr. Harbour said he wished to speak in favor. Rich Harbour * Seal Beach Mr. Harbour said he is the owner of Harbour Surfboards and 327 Main Street. He said Mohammed Bonakdar is his master lessor. Mr. Harbour said he has obtained all required building permits for tenant improvements. He noted he and Mr. Baker have discussed the possibility of building a restroom "mid-ship" in his building. He said the Commission should consider that if another business rented at 327 Main Street there may be no tax revenue coming to the City. . Chairman Dahlman asked staff if building permits were obtained for the tenant improvement work? Commissioner Sharp objected, stating this is irrelevant and has nothing to do with this applicant, noting Mr. Harbour stated Mr. Bonakdar has the proper permits. Mr. Curtis clarified that the tenant improvement work in question, for which there may be no permits, is the wall separating the Charo Chicken office from the proposed liquor store space. Chairman Dahlman said Commissioner Sharp's point is well advised and asked Mr. Harbour to work the permit situation out with Mr. Curtis. Chairman Dahlman asked about Mr. Harbour's lack of parking spaces. Mr. Curtis said the property has 5 of the 16 required spaces. Three of the 16 parking spaces are allocated to the liquor store. The Chairman explained that since 1989 when the Commission was asked to approve a new CUP, a parking mitigation fee was implemented in the amount of $100 per delinquent parking space per year. While the Commission is dealing with Mr. Baker, Mr. Harbour is the property owner and owns the rights of this CUP as it runs with the property. Mr. Harbour said he owns the master lease and leases to Mr. Bonakdar. It will be Mr. Bonakdar leasing to Mr. Baker. Because he did not understand the legalities of the Chairman's request, Mr. Harbour said he would have to talk to his attorney before making any agreements. . Rebuttal * John Baker Regarding signage, Mr. Baker said that in 1989 when the subject of removing neon signs from the windows was brought up, it was never mentioned to him because he had a 'grandfathered' situation. The only time signage was mentioned was in 1993 when the City requested all persons selling alcohol obtain a CUP. The normal CUP application fees were not charged because some businesses requested this of the City Council. Chairman Dahlman noted he . . . Page 6 - City of Seal Beach Plannmg CoolDllssion Minutes · 12121/94 supported the Council's waiving that fee. Mr. Baker said many businesses still had neon lights in 1993 --- because they'd had them for years. When the businessmen agreed to obtain CUPs they were given time to phase the neon lights that advertised a brand name alcohol. His time limit was until January 1, 1994. He reminded the Commission he had gone to Director Whittenberg when Ron Bennett began remodeling his building and removed his signage. He replaced the neon signs at that time and agrees he violated the Conditions of Approval for CUP 92-22. "But I didn't flagrantly do it. I did it to survive. I'm in business in this town to survive, like every other business. And when we come before a panel like this we don't want to come as if we're being tried. We're trying to go along with our business and hope you'll work with us ... now you're talking about fees and parking fees. Why do you pick on just the businesses that sell alcohol? ... I don't want to be accused of breaking the law since 1989 ... yes I agree I did what I had to do to survive ... desperate men do desperate things ... and I felt at this time I needed to do something to survive in this town. I don't want to come before an inquisition. I feel like I'm in an inquisition right now. You're ready to hang me out and put me in the town square and throw stones at me. I'm not a bad guy. I've served on a lot of commissions in this City to help support this City. I do a lot of things for this City. To get this kind of inquisition is ridiculous". Chairman Dahlman said he was sorry Mr. Baker had that feeling because he didn't mean to create it. Chairman Dahlman asked Mr. Baker about concerns expressed. The most major concern has been done away with --- having two existing CUPs for alcohol across the street from one another. Regarding hours of operation, the Chairman noted other similar businesses (Savons' and Pavilion's) are allowed to sell until 2:00 a.m. and Main Street Liquor closes at 11:00 p.m. Not only is that by the owner's choice but also now it's the City's allowable closing time. Mr. Baker said the CUP application form asks applicants to choose their desired hours of operation and Main Street Liquor chose 11:00 p.m. Regarding parking, this is a relative question because the Commission has been instructed to look at this application as a new CUP and not as a transfer of the old CUP to the new location. All of the new uses, since 1989, have been required to parking mitigation fees. Mr. Whittenberg clarified that the Commission has imposed parking mitigation fees for legal pre-existing on-sale licenses but has not imposed parking mitigation fees for legal pre-existing off-premise location. When Main Street Liquor came before the Commission no parking mitigation fees were imposed. Fees imposed have been primarily on restaurant locations where a different parking ratio is required. Commissioner Brown said the Commission hasn't done anything, they're discussing issues. He sensed Mr. Baker felt the Planning Commission has treated him horribly and they really haven't. He explained the Commission was concerned about the existing CUP, CUP 92-22, and the meeting was continued because of that. While Mr. Baker may view getting a letter from Mr. Bennett a technicality, the Planning Commission deals with technicalities. "This meeting tonight though is a special favor to you. We were not going to have this meeting. There was no other business to discuss. And it could have been at our next regularly scheduled meeting. So I think that yes, you have had a meeting continued but at the same point we have given you favors too. So, please stick with the facts. An you know, we're here discussing it. I don't know that we've made any decision". Mr. Baker responded "Your decision was made at the last meeting to Page 7 - City of Seal Beach Planning Conunission Minutes · 12/21/94 . continue to this meeting. That was a violation of my rights. When I sent out the information sheets to the neighbors, the residents and the tenants, I did it according to your rules. You changed the rules mid-stream. This meeting should not have been held tonight. It should not have been held open as an open Public Hearing. It was over with. It should have been done that night and finished ... you didn't think there were enough people down here with negatives to satisfy you. Well, you're wrong ...". Regarding the property owner behind Jack-in-the-Box responding as a negative, Mr. Baker said he should have replied to ABC. "I'm trying to go through my process of moving and you've held me Up". Chairman Dahlman explained that if Mr. Baker thought the Planning Commission was not allowed to continue a Public Hearing to get more information within the time limits of the Permit Streamlining Act then that was the wrong idea. The Commission didn't change any rules. Mr. Baker said the City was going to re-send the Notices but he wasn't sure if that had been done. Mr. Whittenberg confirmed the Notices had been re-sent. Mr. Baker said that's unfair to him. Chairman Dahlman said the Planning Commission does not make decisions based on the number of persons who testify at a Public Hearing but rather, decisions are based on the validity of their arguments. He explained that the way the Planning Commission is structured represents an obstacle for businesses and apologized for that problem. Noting that is the only point at which the neighborhood has input and has representation of its interests. "Laissez faire doesn't work". . Chairman Dahlman closed the Public Hearing. . Commission Comments Commissioner Brown said it's important to remember this is a new CUP and this allows the Planning Commission to set regulations. When discussing parity, if Nip 'n Stuff Liquor were granted permission to sell alcohol until 2:00 a.m., if Main Street Liquor wished to come before the Commission to amend their CUP to stay open to 2:00 a.m. it would be very hard to say no. The problem of two CUPs has been resolved and is no longer an issue. He noted the applicant would have new neighbors if this CUP were approved. Those neighbors would be impacted but did not know if Nip 'n Stuff would cause any problems. He stated he was willing to accept the applicant's current hours of 6:00 a.m. to 2:00 a.m. recognizing the series of short review periods and because there has not been a problem. He said he felt it's the Commission's right and duty to determine the needs of the businesses as well as the residents. Regarding Mr. Anderson's comments on paying your dues, he said both he and Dr. Dahlman come into the hospital at 2:00 a.m, 3:00 a.m. and 4:00 a.m. to perform their jobs (as surgeons), noting "... and many of the times it's been because somebody was out drinking until 2:00 a.m. ". He noted also, that he is not allowed to schedule surgery as he pleases, the hospital places restrictions on his business as well. He likened Main Street to a mall and the Commission as a mall manager. The Commission wants to improve the overall business climate within the City and explained briefly how a mall manager would approach various businesses with restrictions. He congratulated the applicant on his ingenious use of non-alcoholic signs in the windows as a good solution. Because the apparent lack of permits came up because of this application the issue is rightly resolved here too. . . . Page 8 - City of Seal Beach P1l1111l111g COI1UU1ssion Minutes · 12121/94 Commissioner Campbell asked for clarification on what type of signage the applicant said he would put in the windows at 327 Main Street. Mr. Whittenberg said the applicant said he would not place the prohibited neon signs in the windows. He would not violate the Conditions of Approval for his CUP. Commissioner Sharp said he felt differently than some of the other Commissioners, having been in retail business for years. He felt the Planning Commission did a disservice to this applicant in having the meeting continued; the matter should have been resolved at the December 7th meeting. He was in favor of approving this application. Commissioner Law said she had no objection to the operating hours as long as the several short reviews stay in place. She noted the staff report contains no adverse information from the Police Department regarding his present location which has the same hours as those he is requesting. Commissioner Campbell asked where the applicant will be required to load -- in front or the side? Mr. Whittenberg said the proposed condition would require him to load in front of 327 and 329 Main Street. The applicant would prefer the loading hours of 8:00 a.m. to 11:00 a.m. Staff sees no problem if he wants to start deliveries at 6:00 a.m. when the business opens. Chairman Dahlman noted the Commission is not telling Mr. Baker what hours to have deliveries but rather establishing the range of hours the neighbors would not object to. Commissioner Sharp objected to putting restrictive language in the resolution on deliveries. Noting the applicant may need an emergency delivery which would come in a car or pickup truck --- that would not cause any problem. He suggested the Commission may want to restrict the hours of the large trucks. MOTION by Brown; SECOND by Law to approve Conditional Use Pennit #94-8, with the following changes to the resolution, through the adoption of Resolution No. 94-44: 1. Page 1, ~3. Change "... one person spoke in opposition and one person speaking neutral II to the actual number of persons speaking. 2. Page 4, ~6. Add to Condition #4 the hours of 6:00 A.M. to 2:00 A.M. daily. 3. Page 4, ~6. Change Condition #5 by deleting the first sentence. Mr. Steele advised that by leaving the last sentence "No deliveries shall be made from the alley at the rear" leaves the situation open as to where the truck drivers can park in the spaces out front. Chairman Dahlman asked for a consensus of the Commission on whether the hours of large truck deliveries should be restricted. Commissioner Sharp said the Commission should not regulate the hours. Commissioner Brown agreed with Commissioner Sharp, noting the Commission can't regulate when the trucks will show up and has no enforcement mechanism if the hours are violated. Mr. Baker, as a point of information, said ABC regulates deliveries in the evenings, for example, they are not allowed later than 7:00 p.m. Page 9 - CIty of Seal Beach Plannmg COlllnllSSIOII Mmutcs · 12/21/94 .' Mr. Steele pointed out Condition #6, which controls the display of adult materials. 4. Page 4, fi5(g). Delete the second paragraph of (g). Mr. Steele requested staff correct the resolution's header. MOTION CARRIED: AYES: 5-0-0 Brown, Law, Dahlman, Campbell, Sharp Commissioner Sharp asked if the resolution will be signed tonight? The Commission directed the Chair to sign the resolution as soon as it's available from the clerk and it will be final tonight. *** STAFF CONCERNS Regarding Jack-in-the-Box's early morning deliveries, staff has begun discussions with the chain but has nothing to report at this time. Staff wished everyone happy holidays. . COMMISSION CONCERNS The Commission wished everyone happy holidays and a prosperous New Year. ADJOURNMENT Chairman Dahlman adjourned the meeting at 8:55 p.m. Respectfully Submitted, ~O~~~~ Joan Fillmann Recording Secretary APPROV AL: The Planning Commission Minutes of December 21, 1994 were approved on January 18, 1995. ~ .