HomeMy WebLinkAboutPC Min 1996-05-22
CITY OF SEAl, BEACH PLANNING COMMISSION
AGENDA OF MAY 22, 1996
7:30 P.M. II City Councll Chambers
211 Eighth Street, Seal Beach, CA
Next Resolution: #96-25
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
ID. AGENDA APPROVAL
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.
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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 Plannmg
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. Receive and File: May 13, 1996 Staff Report to City Council re Senate
Bill 1538 - Conditi01lll1 Use Permits, Regulation of Hours a Compensable
ToJdng.
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Tbe City of Seal Beach complies With the Amencans With Dlsabllltles Act of 1990. If you need assistance to attend thiS
meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours ID advance of the meetIDg
hac 2 . CIty cl ScalIIcacII PIaam& 0--,_ Aacada · May 22. 1996
VI. SCHEDULED MA TIERS
2. Approve Planning Commission Minutes of May 8, 1996.
3. Consideration of Resolution 96- _
Denying Zoning Text Amendment 96-5, thus retaIning the current side
yard setbacks for properties whose side yards abut the North side of Balsa
Avenue.
4. Consideration of Resolution 96- _
A Resolution of the Planning Commission of the City of Seal Beach
Certifying the Proposed Retrofit of the Seal Beach Pump Station Conforms
with the City's General Plan.
VIT. PUBLIC HEARINGS
5.
Conditional Use Permit 94-8
Address: 327 Main Street
Business: Nip 'n Stuff Liquor
Applicant: John Baker
Property Owner: Richard Harbour
Request: The apphcant is requesting a six month
extension of a land use entitlement for an
alcohol-related land use.
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Vill. STAFF CONCERNS
6. City Memorandum, Dated May 13, 1996, re Bolsa Chica EJR - Fmal
Decision of Judge McDonald.
7. Letter from City of Lake Forest, dated May 10, 1996, re Public Workshop
Pertaining to Wireless Communications Facilities.
IX. COMMISSION CONCERNS
X. ADJOURNMENT
The City of Seal Beach compiles With the Amencans With DasablhtJes Act of 1990. If you need assistance to attend thiS .
meeting, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours In advance of the meetlDg
....c 3 - CIty of ScaI &c.:b I'IIDDm& C-..._ AcCllda · May 22. 1996
1996 AGENDA FORECAST
JUN 05 . CUP 95-1/1013 PCH/Pietro's 12 mos. ABC
. Setback Exemptions for Plant-Supporting Structures [2-7-96]
JUN 19
1UL 03 . CUP 92-1/909 Ocean/El Burrito 12 mos. ABC
[Changed ownership 1/96]
[Revocation of CUP if not apply].
. CUP 94-1/600 MarinalRadisson 12 mos. ABC
[Revocation of CUP if not apply].
JUL 17
AUG 07 ..
AUG 21
SEP 04 . CUP 94-8/327 MaIn/Nip 'n Stuff 6 mos. 2nd review
. SEP 18
OCT 09 . CUP 94-4/770 PCH/Burger King Final review @ 12 mos.
of drive-thru window.
OCT 23
NOV 06
NOV 20
DEC 04
DEC 18
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The City of Seal Beach complies With the Americans With Disabilities Act of 1990. If you need assistance to attend thiS
meetlDg, please telephone the City Clerk's Office at (310) 431-2527 at least 48 hours ID advance of the meetlDg
IIlI"""""
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CITY OF SEAL BEACH PLANNING COMMISSION
Minutes of May 22, 1996
The City of Seal Beach Planning Commission met 10 regular session in CIty Council Chambers
at 7:30 p.m. The Chair called the meeting to order with the Salute to the Flag.
ROLL CALL
Present:
Chairman Brown
Commissioners Dahlman, Sharp, Law
Also
Present:
D~partment of DeveloJlment ServIces
Lee Whittenberg, Director
Craig Steele, Assistant CIty Attorney
Barry Curtis, Associate Planner
Joan FIllmann, Executive Secretary
AGENDA APPROVAL
Commissioner Law 10dicated she would like to dISCUSS Item #1 separately but noted the
discussion could take place at Staff Concerns.
MOTION by Dahlman; SECOND by Sharp to approve the Agenda as presented.
MOTION CARRIED:
A YES:
4-0-0
Dahlman, Sharp, Law, Brown
ORAL COMMUNICATIONS
There were no persons wishing to speak at Oral CommunicatIons and the ChaIr closed this
segment of the meeting.
The ChaIr indicated the reason for a vacant CommIssIon seat IS that former Plann10g
Commissioner Patty Campbell was elected to the City CouncIl. Staff indIcated the appo1Otment
of a new District 3 Planning Commissioner by Council member Campbell IS on the Agenda for
Tuesday, May 28.
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Page 2 - C~ of Seal Beach PIaonJnc CoomusSIOO Mmutes of May 22, 1996
CONSENT CALENDAR
MOTION by Sharp; SECOND by Law to approve the Consent Calendar as presented:
1. Receive and File: May 13, 1996 Staff Report to CIty Council re Senate Bill
1538 - Conditional Use Permits, RegulatIOn of Hours a Compensable Talang.
MOTION CARRIED:
AYES:
4-0-0
Sharp, Law, Dahlman, Brown
SCHEDULED MATTERS
2. Approve Planning CommIssion Minutes of May 8, 1996.
Mr. Steele suggested the following verbiage be added at page 9:
The City does comply with the Government Code. Staff investigated and found
that the unit at issue was not occupied by a tenant of low or moderate Income for
one year or longer prior to the applIcation being submItted; a declaratIon by the
property owner to that effect is on file at City Hall. There is no IndIcation that
the tenant, more than one year prior, was a person of low or moderate income.
[Emphasis added to show changes].
There were no other corrections to the MInutes.
MOTION by Sharp; SECOND by Law to approve the Planmng Commission MInutes of
May 8, 1996 as amended.
MOTION CARRIED:
AYES:
4-0-0
Sharp, Law, Dahlman, Brown
3. Consideration of ResolutIon 96-25
Denying Zoning Text Amendment 96-5, thus retaining the current Side yard setbacks for
properties whose Side yards abut the North side of Bolsa A venue.
Mr. Whittenberg explained staff prepared a supplemental staff report for this meetIng; thiS does
not normally occur. It was written because a reSident expressed theIr feelIng that the ImtIal
Public Heanng Notice did not adequately exhIbit all the issues before the Planmng CommIssIon.
The supplemental staff report addresses this concern. AddItIonly, staff mailed another NotIce
to all property owners and occupants WIthIn 300' of the propertIes In question. There were no
persons In the audience wishing to speak: on this subject. Staff has not received any telephone
calls or correspondence either for or agaInst this ZTA.
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Page 3 - CIty of Seal Beach P1anmng ComnusSIOD Mmutcs of May 22, 1996
Ch31nnan Brown indicated thIS Resolution demonstrates the CommIssIon's decISIon not to take
an action on the proposed ZT A at thIS time. He asked if, in the future, the Commission would
want to take an action, could the ZT A be brought back to the Planmng CommIssion? The
Director said yes, staff would re-advertIse the PublIc Hearing at such tlme.
MOTION by Sharp; SECOND by Law to approve Resolutlon No. 96-25.
MOTION CARRIED:
A YES:
4-0-0
Sharp, Law, Dahlman, Brown
4. Consideration of Resolution 96-26
A Resolution of the Planning Commission of the City of Seal Beach Certifying the
Proposed Retrofit of the Seal Beach Pump Station Conforms with the CIty's General
Plan.
MOTION by Sharp; SECOND by Law to approve Resolutlon No. 96-26.
MOTION CARRIED:
A YES:
4-0-0
Sharp, Law, Dahlman, Brown
PUBLIC HEARINGS
5.
Conditional Use Permit 94-8
327 M31n Street * NIp 'n Stuff Liquor
Staff Report
Mr. Curtis delivered the staff report. [Staff Report on file In the Planmng Department for
reference]. The applicant, John Baker, requested a six months extensIon of a land use
entitlement for an alcohol-related land use. Staff Inspected the site and found all Condltlons of
Approval were being met. Staff has not received any letters or telephone calls regarding the
mailed Notice.
Commission Comments on Staff Report
There were no CommiSSIon comments.
Public HearInI:
The Chair opened the Public Hearing.
John Baker * Owner. Nip 'n Stuff Liquor
Mr. Baker, stating this IS his third hearIng on CUP 94-8, asked If thIS could be hIS last revIew.
He mentloned he has been in business in Seal Beach for sixteen years and has had no problems
with the City or the Police Department.
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Plge 4 - CtI1 of Seal Beach PIaunmg CoumUlllOIl Muwlea of May 22, 1996
The Director asked Mr. Baker if he objected to any of the Conditions of Approval, other than
the requirement for another review in six months? Mr. Baker said no, he has no problems with
the Conditions.
With no persons wishmg to speak for or against this application, the Chair closed the Public
Hearing.
Commission Discussion
Commissioner Dahlman asked staff if this Public Heanng was Noticed m such a way to allow
an indefinite extensIOn to occur? Mr. Whittenberg SaId no, It was Noticed as a SIX month
extension. Staff would have to re-Notice for an mdefinite extensIon.
MOTION by Sharp; SECOND by Dahlman to approve a six month extensIon for CondItional
Use PermIt 94-8.
The Director indicated a Resolution had been prepared and should be mcluded m the Motion.
AMENDED MOTION by Sharp; SECOND by Dahlman to approve Resolution 96-27, thus
approving a SIX month extension for Conditional Use Permit 94-8.
MOTION CARRIED:
A YES:
4-0-0
Sharp, Law, Dahlman, Brown
Mr. Steele mdicated the CommiSSIOn's action is final tomght and the ten calendar-day appeal
period will begm tomorrow mornmg.
STAFF CONCERNS
Mr. Whittenberg said staff had included two items m the CommIssIon's packet for mformatlon
purposes:
6. City Memorandum, dated May 13, 1996, re Bolsa Chlca EIR - Final DeCISIOn by Judge
McDonald.
Mr. Whittenberg explained thIS is Judge McDonald's final deCIsion on the CIty's lawsuit
challenging approval of the Bolsa Chica EIR filed by Orange County. The EIR has been re-
circulated and our City Council has commented on It. It is now back at Orange County for them
to consider how to proceed. Judge McDonald determmed the project descnption was inadequate
and the analysIs of the tidal inlet for wetland restoration was not properly handled and reqUIred
the document to be redone to include a new project descnption and to evaluate the Impacts of
the tidal inlet. This has been done, the document recirculated and the final date for comments
was May 20. We WIll now wait to see where the County goes. CommIssIoner Dahlman SaId
that the suit was at least a partial success.
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l'Ige 5 - City of Seal Beach PIannm8 Comnu88101l Manutcs of May 22, 1996
Commissioner Dahlman, referencing the section where the project description lacks stability,
asked what that meant? The Director said they approved a project which was different that what
the project description was. It is not clear whether there wIll be another set of PublIc Hearings.
Something must be done to re-certify the EIR. Mr. Steele SaId the Judge's decision says they
must hold a hearing but only on those issues that the EIR was sent back for; It won't be a full-
blown hearing on the entire project.
By consensus, the Planning Commission received and filed Item #6.
7. Letter from City of Lake Forest, dated May 10, 1996, re Public Workshop Pertaining
to Wireless CommunicatIOns Facilities.
The Director explained this letter is an invitation to a workshop to be held on May 23, 1996 at
7:00 p.m. Those Commissioners interested m attendmg please advise staff and they wIll make
the necessary reservations.
ORALCO~CATIONSR&OPENED
I
John Baker * Nip 'n Stuff Liquor. Seal Beach
Mr. Baker referenced a May 14, 1996 article in the Orange County Register which SaId II Justices
Strike Down Liquor Ad Ban II. The United States Supreme Court struck down a law m the state
of Rhode Island about the competition advertising the prIce of alcohol in store wmdows. They
said that was freedom of speech and could not be banned. Mr. Baker SaId is this IS a Supreme
Court decision then why can't the City of Seal Beach advertise brand name alcohol prices in the
windows? Mr. Baker felt this is something the City Attorney should look mto thiS as the City's
CUP conditions say the merchants can't advertise name brand lIquors in their wmdows. He SaId
the Savon drug store continually runs an advertisement m theIr wmdow advertismg brand name
alcohol.
Mr. Whittenberg clarified that Savon's CUP is a very old CUP and It does not have the
condition bamng advertlsmg alcohol in windows. However, staff talked to the store's manager
and they have agreed to abide by the standard regulation that everybody else adheres to. They
will be removing their signs and not putting them back up.
Mr. Steele explaIned that Mr. Baker's statements are an oversimplIfied version of what the
rulIng was. The City Attorney's Office is aware of the Court's rulmg. There are two different
issues.
Mr. Baker interjected that brand competition advertising m the window advertlsmg IS one of
those rulings. A price war situation.
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....e 6 . CIty of Seal Beach PIaDnmg ComausslOIl Mmulca of May 22, 1996
Mr. Steele said it was a pricing Issue and not a brand issue.
Commissioner Dahlman said his understanding of this rulmg IS that it dIdn't really matter If It
was liquor or tinker toys, if a rule says you can advertise that you have it but not what the pnce
is - that would discnminate unfairly against somebody.
Mr. Baker asked where this leaves the City If the merchants still can't post signs in their
windows?
Mr. Steele said it leaves the City wIth a valid law in effect. There are two different issues. If
the Planning Commission or the CIty Council would hke a more lengthy legal analysIs the CIty
Attorney's Office will be happy to provide it. It's an across-the-board pricing issue. It
happened to arise in the context of a hquor store but it's a much dIfferent issue. The condItions
attached to CUPs In the City of Seal Beach are valid and not affected by this Supreme Court
case.
COMMISSION CONCERNS
Senate Bill 1538. Commissioner Law asked to dISCUSS this legIslation whIch would have
prohIbited a city, includmg a charter city, from adopting an ordmance, CUP , or pohcy that
restrict the manner or hours of operation of an otherwise legally operatmg restaurant unless the
city pays the owner just compensation for the lost revenue. CommIssioner Law felt most of the
Planning Commission was m favor of closmg the doors of liquor establishments at a certaIn
hour. She said she has been against this, noting the City WIll completely lose control if thIS is
done. This Senate Bill had a very close vote. "Don't put on the squeeze or we'll lose control".
She urged the CommIssioners to thmk about her comments whether they agreed WIth them or
not.
Commissioner Dahlman said he was not trying to shorten the hours from what they currently
are. CommIssioner Law SaId the Commission's dISCUSSIon was to close all estabhshments at a
certaIn hour and some of the existing hours would be shortened. Mr. WhIttenberg clarified that
the discussion was to establish standard hours for new estabhshments that would be located on
Main Street. It would not have impacted the hours for eXlstmg businesses. CommIssIoner Law
said that still wouldn't be fair. That would make those merchants go out and push for this bIll
and that would result m the City's having no control at all.
I
Mr. Whittenberg said a number of issues were involved in that legislation that the City saw as
very objectionable; CommIssIoner Law agreed. Mr. WhIttenberg felt several CIties In Senator
Johnson's district and that's why he dropped the leglslatlon.
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Page 7 - City of Seallbch PIannmg ComouSSIOD Mmutlls of May 22. 1996
Hellman Ranch
Commissioner Sharp said that at the last City Councll meeting Councllperson Forsythe s3.1d that
at the next day they would have an answer on what's happemng at the Hellman Ranch. Mr.
Whittenberg said he expects a development applicatIon WIll be submitted to the CIty about the
1st to the 15th of August. What the full extent of the applicatIon is staff does not know.
Further details will be provided as they arise.
, ADJOURNMENT
Chairman Brown adjourned the meeting at 8:00 p.m.
Respectfully Submitted,
qo~~~
Joan Fillmann
Recording Secretary
APPROVAL: The Planning CommIssIon Minutes of May 22, 1996 were approved on
June 6, 1996. ~