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HomeMy WebLinkAboutPC Min 1995-03-22 '-'- CITY OF SEAL BEACH PLANNING COMMISSION AGENDA of MARCH 22, 1995 7:30 P.M. · City Council Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #95-7 I. fLEDGE OF ALLEGIANCE ll. lWLL..CALL ,ill. 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. COOSENT 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 March 8, 1995 2. Receive and FIle: Staff Report re Dolan v. Tieard, dated March 22, 1995. VI. 11Ie City cL Sell &.cb compIica wilIIlbc Americma Willi DiubiIiIica Act cL 1990. If you ~ lpClCiaJ uaUlmce to IIIaId or participate ill lhis meeting. pkue ~ 1bc City Ckrt', 0fI"1CC" (310) 431-252711 bit 48 Iloun prior to 1bc 1IICdIDI. '- . . . VIT. vm. IX. 3. Consideration or Memorandum re -Bixby Old Ranch Golf' Course Draft EIR and Development Project - Public Hearing at North Seal Beach Community Center", dated March 22, 1995. 4. Consideration or Starr Report re -Licensing or Alcoholic Beverage &tablishments - Department or Alcoholic Beverage Control", dated March 22, 1995. ADJOURNMEN.I Tbc City of SeaJ Ikacb compliCl willi lbc Americaaa Willi Diaabilitica Act of 1990 If you require lpCCiaJ auiJtmce 10 .amd or participate ill dus meetID&. pIcue tdcpIIoDe lbc City CIat'. OffICe . (310) 431-2527 II Ic&It 48 boun prior 10 lbc IIIaltiae ~ PIle 3 . CiI:y at ScII ... ..... r-iultwo AaCIIda · 3IIJ9S . APR05 APR 19 MAY 03 MAY 17 JUN 07 JUN 21 JUL 05 JUL 19 AUG 09 AUG 23 SEP 06 SEP 20 . OCT 04 OCT 18 NOV 08 NOV 22 DEe 06 DEe 20 1996: JAN FEB MAR 1995 AGENDA FORECAST CUP 95-1 re 1013 PCH @ Pietro's Pizza Kitchen/ABC (Tentative) Memo re Notice to Tenants Not Just Property Owners (Tentative) Bixby EIR review ~ Election of Chairman & Vice Chairman CUP #94-11600 MarinalRadisson 12 mos. ABC . ne CiI:y at Sca1 Ikacb COIIIpIiel wilb !be Americca WIlb Dillbilitiel Act at 1990. If you require lpCCiaJ uaiJtaoce 10 IIIaId or participate ill tin. meetmg. pIrue ldqlboae !be City CIcrt'. OffICe at (310) 431-2527 1l1eut ~ boun prior 10 !be JDCdiag. . CITY OF SEAL BEACH PLANNING COMMISSION . MINUTES of March 22, 1995 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 Campbell, Sharp, Law, Brown Also Present: Department of Development Services Lee Whittenberg, Director Absent: Craig Steele, Assistant City Attorney Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary APPROVAL OF AGENDA MOTION by Sharp; SECOND by Dahlman to approve the agenda as presented. . MOTION CARRIED: A YES: 5-0-0 Sharp, Campbell, Dahlman, Law, Brown ORAL COMMUNICATIONS Jose,ph Palmer * College Park East * Seal Beach Cable Foundation Mr. Palmer said he opposes moving a Planning Commission meeting from the City Council Chambers to the North Seal Beach Community Center because the Council Chambers is the only location from which a live television signal can be broadcast. He felt the City Council may have been confused when they approved, by a 3-2 vote, giving the Planning Commission the option to move the meeting from the Council Chambers. He felt one of the Council persons thought they could have a live broadcast from the North Seal Beach Center and this is not true. Commissioner Sharp interrupted and asked Mr. Palmer to identify himself again and state who he represents. Mr. Palmer said he is a College Park East resident and represents no one although he is on the Seal Beach Cable Communications Foundation. Mr. Palmer continued, saying moving the meeting from the City Hall to the North Seal Beach Center is experimental, perhaps putting the Bixby Co. presentation at a disadvantage by being in a room which is similar to a basketball court. He felt being at a disadvantage could be considered discriminatory against Bixby. If the presentation at North Seal Beach was a lesser presentation that a Council Chambers presentation, had lesser value, Bixby could be justifiably upset. He urged the Planning Commission to be very careful about moving. . Page 2 - City of Seal Beach P1anning Coounission Minutes of March 22, 1995 . E T CALENDAR MOTION by Sharp; SECOND by Campbell to approve the Consent Calendar as presented: 1. Approve Minutes of February 8, 1995 2. Receive and File: Staff Report re Status Report and Letters on the Federal Implementation Plan (FIP). 3. Receive and File: Staff Memorandum re Bolsa Chica EIR - Provision of Amended Petition for Writ of Mandate. 4. Receive and File: Staff Memorandum re Conditional Use Permit #94-1 600 Marina Drive * Radisson Hotel Twelve Month Review Postponed and Rescheduled 5. Receive and File: Staff Memorandum re EI Burrito, Jr. 909 Ocean A venue * MOTION CARRIED: A YES: 5-0-0 Sharp, Campbell, Dahlman, Law, Brown . PUBLIC HEARIN..GS STAFF CONCERNS There were no staff concerns. COMMISSION CONCERNS 6. Consideration of Public Hearing on Bixby Old Ranch Golf Course Development Plan at North Seal Beach Community Center (Commissioner Campbell). [Continued from 2-8-95 meeting] Staff Re.port Mr. Whittenberg presented a summary of the last staff report. He added the City Council did take an action at their last meeting to allow the Planning Commission to schedule a meeting at the North Seal Beach Community Center if it's deemed appropriate by the Commission. A specific date for meetings on the Bixby Co. proposal will not be available until the Commission's second meeting in April and that is in flux, depending on when the final EIR document is actually prepared by the consultant team. . . . . / Page 3 - City of Seal Beach P1anning Commission Minutes of March 22, 1995 Commission Comments City Council Gives Approval. Chairman Dahlman stated the City Council, on a divided vote, gave approval for the Commission to schedule one meeting at the North Seal Beach Community Center. This will probably be the second meeting, the first being at City Hall where the developer will present his proposal. Other Meetings Outside City Hall. The issue of holding subsequent meetings outside City Hall, for example on Leisure World issues, was not resolved. Mr. Whittenberg added there was discussion by the City Council members who represent Leisure World, with a divergence of opinion. There was no clear consensus regarding additional meetings. Commissioner Campbell asserted the first meeting on the Bixby project will be held at City Hall, televised live, and the Bixby Company will make their presentation. She said "It is the second meeting that we are requesting be held at the North Seal Beach Community Center ...". She said one woman living in the Montecito townhomes told her she couldn't drive to City Hall at night. Commissioner Campbell contended there are a lot of people in that same situation and felt that to demand people come to City Hall or not come at all can be a burden on some people. She argued "Yes, there will be no live broadcast but it will be taped for a delayed broadcast so that nothing will be missed in the translation, the Minutes will also be typed up". Regarding the camera situation, the Council outlined four options --- (1) no taping, (2) taping with a home video camera, (3) taping with one Com cast camera and (4) taping with two cameras from Comcast. She wanted to see the taping of the second meeting done with one camera so the option of taping with two cameras can be reserved for the City Council should they desire to use it. Communicate With Bixby Co. Chairman Dahlman said it would make sense to ascertain in advance the developer's position --- whether he is agreeable or opposed to holding one meeting at the North Seal Beach Center or whether he feels it is discriminatory in some manner. Commissioner Campbell said she did not agree because this is a public hearing. "All we are asking for is one meeting up there. When we had the Mola hearings the people couldn't get in here. It was just so packed. In a sense, that's discriminatory against people who want to come down and they either can't or they think it's a waste of time because they are not going to be heard" . Chairman Dahlman contended the Commission has already discussed those issues. However, there are only two possibilities if this is presented to the applicant -- in favor of or opposed to. If the applicant is opposed, he would recommend asking City Attorney advice prior to the Commission's making a decision. He asserted this isn't something the Commission has to ask the developer, it's a question the Commission has to decide. . . . / Page 4 - Cily of Seal Beach Planning Commission Minutes of March 22, 1995 Director Whittenberg said staff has discussed this issue in general terms with the City Attorney's Office and their opinion is the Commission has the right to adjourn a meeting to any location to receive testimony which it feels is appropriate. That office feels no type of discriminatory action would be taken by having the Commission meet in a different location which is unable to provide a live broadcast. The importance of a live broadcast is an issue the Commission needs to decide. Additionally, at the Public Hearings, although it is an adjourned meeting from the rust meeting, there will be a staff presentation of the material and a period of time to allow the applicant to make a presentation and to hear additional public testimony. Commissioner Sharp stated he has no objection to holding a Commission meeting outside City Hall per se but he did object to moving one meeting outside City Hall to accommodate one small section of people. He felt that if the Commission wants to move its meetings to McGaugh School to accommodate a large audience and have live television he would be in favor of it. He argued there are several communities in Seal Beach, for example College Park East, College Park West and Surfside, and when a meeting is moved to accommodate a few people at the center in Rossmoor he objects strenuously. "And if you think we do move it and have one meeting there and that's going to be the end of it, I've got news for you, it isn't going to be the end of it. The City Council is going to be requesting to move their meetings. We will be requested to move other meetings there because of it. And I think it's wrong completely". He asserted that moving all the Bixby project meetings to McGaugh School would be better because it's centrally located. Commissioner Campbell interrupted saying live coverage could not be obtained at McGaugh School. Commissioner Sharp said he would then object to moving the meeting, insisting the citizens are used to live television coverage, claiming citizens show up in the middle of meetings because they were watching the live coverage and wanted to comment on it. He said he would vote against not having live television coverage for any meeting. Commissioner Campbell argued why had Surfside been brought into this discussion when Surfside is nowhere near the Bixby proposal. The proposal to move a meeting to the North Seal Beach Center involves many people --- there are 1700 homes in College Park East, 3000 homes in Rossmoor, 9000 residents in Leisure World. She added the City Council Chambers cannot accommodate everybody and the North Seal Beach Community Center can accommodate a lot more people. Commissioner Sharp asserted there are approximately 27,000 people in Seal Beach and they are diversified in that they live from Surfside to College Park West --- miles apart. The central location would be McGaugh School, otherwise the City Council Chambers is as close as any place. He added that if the Commission starts holding meetings outside the City Council Chambers he would favor having a meeting at Surfside, Leisure World and College Park West. He would object to all non-live televised meetings. Commissioner Law said she objects to moving the meeting outside City Hall, to the monies it would cost and to not having a live television broadcast. . . . /' Page 5 - City of Seal Beach Planning Commiasion Minutes of March 22, 1995 Commissioner Brown said he spoke with a reporter from one of the local papers and apparently the newsman was confused. In an effort to clear things up, he noted there would be a full meeting a City Hall and as many full meetings as needed at City Hall. At College Park East, there would be only one meeting for those residents who wished to attend. He was not opposed to the meeting's not being televised. It was his understanding that the purpose of having a meeting at North Seal Beach Community Center was not to prohibit anybody from speaking at City Hall but it's one meeting to allow people to speak who did not wish to come down to City Hall. He said "I think that's a very good precedent". He would be happy to go to Leisure World for a meeting also. He said he thought "It's a very good idea to bring the government to the people and to allow as many people who want to speak to speak". Commissioner Law said that if people want to speak badly enough they will make arrangements to get to City Hall. Commissioner Brown said Commissioner Law had previously said there are Leisure World residents who don't want to drive to City Hall. Commissioner Law argued it's that way everywhere, people just don't like to drive at night. But people can get someone to drive them. Commissioner Campbell said that's easier said than done. Adding it was a zoo at City Hall when Mola was presenting its proposal. There were people who could not get through the door to testify. Commissioner Campbell discussed "precedent setting", noting a City Council meeting was held at McGaugh School. "If we need to, we do bring the government to the people". She felt the Bixby proposal was an unusual project and large scale proposals don't come up every year. Commissioner Law said she objected to the money it would cost. Commissioner Brown said he understood Comcast would not charge the City for one meeting or at best, the cost would be $200. Mr. Whittenberg said the only expense to the City would be the cost of the public address system. The Council was aware there would be a cost for that when they gave their authorization. The Commission discussed whether the Planning Commissioners would be paid for the meeting outside City Hall. This led to some confusion on the continued meeting. Director Whittenberg said if the Commission schedules the initial Public Hearings on the EIR and project request approvals by Bixby at City Hall. The following Wednesday night the Commission would schedule a meeting at the North Seal Beach Community Center. To do that, the City needs to Notice that at the same time they Notice for the initial Public Hearing. So, you will be Noticed for a continued Public Hearing at that location regardless if you have 5 or 95 people at City Hall. The exception would be if the Commission scheduled another meeting far enough away so it wasn't Noticed concurrently.s Chairman Dahlman said he felt the Commission had reached a consensus that they don't want this one meeting outside City Hall to be precedent setting. Commissioner Sharp said he realized the Chairman didn't want this to be precedent setting but felt such an action would be opening a can of worms. . . . ~ Page 6 - Cily of SuI Beach P1anniog Commission Minutes of March 22, 1995 Chairman Dahlman said his preference would be to give the applicant the courtesy of expressing his input. If he had concerns, it might lead the Chairman to oppose such action. Commissioner Campbell asked what would happen if the College Park East residents want to move the meeting and the applicant doesn't? Chairman Dahlman said the College Park East residents would get what they want because"... that's who we work for". Commissioner Brown said he thought the applicant pays for meeting expenses. Director Whittenberg said the applicants pay an initial deposit because staff anticipates a number of meetings. Staff has anticipated a minimum of two meetings before the Planning Commission. The applicant will probably pay additional monies. The applicant pays all the City's expenses for all the meetings. Mr. Whittenberg said he was not sure the Planning Commission would want to put the issue to where it appears the applicant has a choice as to where the Commission's meetings will be held. The Commission should make a decision on its own feelings on whether it's appropriate to have a meeting at North Seal Beach Community Center. The Commission should consider the fact it will not be a live broadcast is sufficient to allow good public input into the process. If it is, the Commission should schedule that meeting. Chairman Dahlman said he is thinking to save money by avoiding litigation. He feels most litigation starts when people don't communicate and it's easy to simply speak with the applicant about this. The City has then given him the courtesy of letting him know there may be one meeting held at North Seal Beach Community Center. If the applicant were to object, he would have to decide the issue another way. The Commission discussed getting input from the City Attorney's Office. Commissioner Brown said he has no problem with setting a precedent for having a Commission meeting at another location if there are people from other areas who wish to speak to an issue. Commissioner Campbell said she-agreed with Director Whittenberg, that the Commission can't allow any applicant direct the Commission's policy by threat of litigation. Mr. Whittenberg commented that of the number of court cases where there's been litigation over approvals or denials of projects by California cities he could not think of a case where the issue has come up that the meeting was held in a location other than a normal business location and therefore there was some sort of due process problem. Chairman Dahlman said if the City Attorney's recollection is the same as Director Whittenberg's on this issue, then he would not be opposed to having a meeting at the North Seal Beach Community Center. Commissioner Brown asked Commissioners Sharp and Law if they would still object to holding a meeting outside City Hall since the remaining issue is that the meeting would not be broadcast live? Commissioner Sharp said yes, he is opposed to having a meeting which is not broadcast . . . Plge 7 - Ci1;y of Seal Beach P1anniog Coounissioo Minutes of March 22, 1995 live anywhere. Commissioner Law said she does not like the idea of taking the meeting outside City Hall. Mr. Whittenberg said it would be appropriate to continue this issue to the next Commission meeting for an additional report from the City Attorney. The same staff report with his attachments will be provided. Commissioner Brown said he would not be present at the April 5th meeting, he will be in Sacramento. "So, if you're planning to have a vote then it sounds like you'll have a tie". Commissioner Campbell asked if the Commission could have a motion tonight to have the meeting with the proviso that if the City Attorney says there's a problem that that will negate the motion? Mr. Whittenberg suggested taking a motion tonight to take the action you're considering of scheduling a second meeting on the alternate Wednesday after the first Public Hearing at North Seal Beach Community Center with the provision that if the City Attorney has an objection to that based on the concerns expressed by Chairman Dahlman that that issue will brought back to the Commission at its next meeting for further consideration. MOTION by Campbell; SECOND by Brown to schedule a second Planning Commission meeting on the alternate Wednesday after the first Public Hearing regarding the proposed Bixby Co. project at North Seal Beach Community Center with the provision that if the City Attorney has an objection to that based on the concerns expressed by Chairman Dahlman that that issue will brought back to the Commission at its next meeting for further consideration. MOTION CARRIED: A YES: NOES: 4-0-1 Campbell, Brown, Dahlman, Law Sharp 4. Consideration of Staff Report re "Licensing of alcoholic Beverage Fmablishments - Department of Alcoholic Beverage Control", dated March 22, 1995. Staff Report Mr. Whittenberg presented the staff report. [Staff report on file in the Planning Department]. Commission Comments on Staff Report Commissioner Campbell asked about the computation for over concentration of ABC licenses, and asked if the methodology had changed to obtain these numbers? Mr. Whittenberg said no. Commissioner Brown said that in the past the ABC would automatically deny a new license where there's an over concentration of ABC licenses. Mr. Whittenberg clarified the question by saying that in cities which require a CUP for the issuance of an alcoholic beverage license, ABC will not make the determination of public convenience until the City has made a . . . , . Page 8 - City of Sea1 Beach Planning Commission Minutu of March 22, 1995 recommendation on the CUP. The Commission may approve a CUP for a new location in an over concentrated area if you feel that's an appropriate decision. That does not mean ABC will issue that license, they could still deny it. For cities that do not require the CUP process, there is no city review of any application. It's strictly a determination by the ABC. This legislation will change that process for those cities which to not require a CUP. Those cities will have to come up with an alternative review process if they wish to make the determination locally. It gives the community flexibility. Some cities want their ABC licenses concentrated in areas to develop an entertainment area, restaurant district, et cetera. The CUP process this city has allows this flexibility. The ABC will not issue a license if the City refuses the CUP. The ABC is asking the cities to designate in writing what the reviewing authority is going to be. MOTION by Sharp; SECOND by Campbell to recommend to the City Council forward Attachment 1 to the Department of Alcoholic Beverage Control. MOTION CARRIED: A YES: 5-0-0 Campbell, Brown, Dahlman, Law, Sharp Commissioner Brown said he was asked to make an announcement by the Seal Beach Homeowners Association. They will have a meeting regarding the Bolsa Chica project on Thursday, March 23, 1995 at 7:30 p.m. in the Senior Center at the Mary Wilson Library. ADJOURNMENT With the consensus of the Commission, Chairman Dahlman adjourned the meeting at 8:20 p.m. Respectfully Submitted, ~D~--'n.-,.-. Jo Fillmann Recording Secretary APPROVAL: The Planning Commission Minutes of March 22, 1995 were approved on April April 5, 1995. ~