HomeMy WebLinkAboutPC Min 2000-04-19
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for April 19, 2000
7:30 p.m.
District 1 - Brian Brown
District 2 - John Larson
District 3 - Len Cutuli
District 4 - David Hood
District 5 - Thomas Lyon
Department of Development Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Assistant Planner
Carmen Alvarez, Executive Secretary
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City Hall office hours are 7:00 a.m. to 6:00 p.m. Monday through Thursday and
Friday 8:00 a.m. to 4:00 p.m. Closed noon to 1:00 p.m.
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The City of Seal Beach complies with the Americans with Disabilities Act. If you
need assistance to attend this meeting please telephone the City Clerk's Office at
least 48 hours in advance of the meeting (562) 431-2527.
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Planning Commission meetings are broadcast live on Seal Beach lV3. They are
rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m.
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Videotapes of Planning Commission meetings may be purchased from Seal Beach
lV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
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Copies of staff reports and/or written materials on each agenda item are on file in
the Department of Development Services and City libraries for public inspection.
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City of Seal Beach Planning Commission. Agenda of April 19, 2000
PLANNING COMMISSION AGENDA INFORMATION SHEET
The following is a brief explanation of the Planning Commission agenda
structure:
AGENDA APPROVAL: The Planning Commission may wish to change the order of the
items on the agenda.
ORAL COMMUNICATIONS: Anyone wishing to address the Planning Commission, only
on items not on tonight's agenda, may do so during this time period. No action can be
taken by the Planning Commission on these communications on this date, unless
agendized.
PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to speak in
favor of or against agendized items. More detailed information is found in the actual
agenda attached. If you have documents to distribute, you should have enough copies
for all Planning Commissioners, City staff and the public. Please give one to the
secretary for the City files. The documents become part of the public record and will not
be returned.
CONSENT CALENDAR: Consent Calendar items are considered routine items that
normally do not require separate consideration. The Planning Commission may make
one motion for approval of all the items listed on the Consent Calendar.
SCHEDULED MA TIERS: These items are considered by the Planning Commission
separately and require separate motions. These transactions are considered
administrative and public testimony is not heard.
STAFF CONCERNS: Updates and reports from the Director of Development Services
(Planning and Building Departments) are presented for information to the Planning
Commission and the public.
COMMISSION CONCERNS: Items of concern are presented by the Planning
Commissioners and discussed with staff.
All proceedings are recorded.
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City of Seal Beach Planning Commission · Agenda of April 19, 2000
City of Seal Beach Planning Commission
April 19, 2000 Agenda
I.
PLEDGE OF ALLEGIANCE
II.
III.
ROLL CALL
AGENDA APPROVAL
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange 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 is 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 the Planning
Commission may undertake no action or discussion 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 a specific
item be removed from the Consent Calendar for separate action.
1. Approve Planning Commission Meeting Minutes of March 22, 2000.
2. Approve Planning Commission Meeting Minutes of AprilS, 2000.
3. Receive and File: aConflicts in Regulating Religious Institutions
VI. SCHEDULED MATTERS
4. Determination of General Plan Conformity - Garden Grove Storm Channel Improvements,
County of Orange.
VII. PUBLIC HEARINGS
5. Amendment 00-1, Main Street Specific Plan
Citywide
Applicant/Owner:
Request:
City of Seal Beach
To add a new Section 5-H to the Main Street Specific Plan to establish a
policy statement and design and location criteria for the placement of
newsracks within the Main Street Specific Plan area.
Recommendation: Recommend approval of Main Street Specific Plan Amendment and
processing of applications for bringing existing newsracks into
conformance with the proposed standards.
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city of Seal Beach Planning Commission. Agenda of April 19, 2000
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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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
DEC 06
DEC 20
. City of Seal Beach Planning Commission · Agenda of April 19, 2000
2000 Aaenda Forecast
Conditional Use Pennit 99-5 Sav-On Drugs - 12-Month Review
Conditional Use Pennit 99-7 and Height Variation 99-2 Country Inn Suites
Minor Plan Review 00-2
Variance 00-2
Conditional Use Pennit 98-12 (Indefinite Extension) Vons Market
CUP 99-9 Faith Christian Assembly -12-Month Review
TO BE SCHEDULED:
o
o
Q
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Study Session:
Study Session:
Study Session:
Staff Report:
Pennitted Uses and Development Standards in Commercial Zones (5/6/98)
Seal Beach Boulevard (10n/98)
Anaheim Bay Villas (iOn 198)
Undergrounding of Utilities
And Beyond
Calendar: CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan GrilQ Review (April 2001)
ADA Handicapped-accessible Restrooms (April 2001)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of April 19, 2000
Vice-Chairperson Cutuli called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, April 19, 2000. The meeting was
held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Vice-Chairperson Cutuli
Commissioners Brown, Larson; and Lyon
Also
Present: Department of Development Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Assistant Planner
Absent: Chairperson Hood
Mr. Whittenberg noted that for the record Chairperson Hood had reported at the last
meeting that he would not be in attendance at tonight's meeting. He recommended
that a motion be made to excuse Chairperson Hood.
MOTION by Larson; SECOND by Brown to excuse Chairperson Hood from tonight's
meeting.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Brown, Cutuli, Larson, and Lyon
None
Hood
AGENDA APPROVAL
MOTION by Brown; SECOND by Larson to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Brown, Cutuli, Larson, and Lyon
None
Hood
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of April 19, 2000
ORAL COMMUNICATIONS
Vice-Chairperson Cutuli opened oral communications.
None.
Vice-Chairperson Cutuli closed oral communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of March 22, 2000.
2. Approve Planning Commission Meeting Minutes of April 5, 2000.
3. Receive and File: "Conflicts in Regulating Religious Institutions."
MOTION by Brown; SECOND by Larson to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Brown, Cutuli, Larson, and Lyon
None
Hood
SCHEDULED MATTERS
4. Determination of General Plan Conformity - Garden Grove Storm Channel
Improvements, County of Orange.
Mr. Whittenberg noted that the Commission would need to take action on this item
by approving Resolution No. 00-11. He explained that the Garden Grove Storm
Channel was located north of the confluence of the 1-405 and 22 freeways. He
stated that the channel currently enters into the Bolsa Chica Channel north of the
1-405 Freeway. He explained that the channel runs easterly through the College
Park East area. He said that currently there were some problems in getting the
required storm water capacity underneath the freeway and coming into the channel
north of the freeway. He said that the proposed realignment by the County of
Orange would allow drainage into the same channel but south of the 1-405. Mr.
Whittenberg noted that a large majority of the work would be included with an
existing CalTrans right of way improvement for the freeway. He stated that the
portion of the project that impacts the City of Seal Beach comprises the westerly 100
feet of the total channel improvements. He explained that the rest of the channel
improvements are located within the cities of Garden Grove and Westminster. He
said that as far as the land improvements, this was made up of 1500 to 2000 feet.
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City of Seal Beach Planning Commission
Meeting Minutes of April 19, 2000
Mr. Whittenberg read Policy 5D of the Safety Element of the Seal Beach General
Plan, which appears on Page 2 of the Staff Report and relates to the provision of
reasonable protection for locations that would benefit from 10-, 25- or 50-year storm
drainage facilities. He noted that the proposed changes would increase the capacity
of the channel to provide protection from a 100-year storm, which is the highest level
of protection that cities within the State of California can provide. He stated that
Staff finds the proposal in conformance with the General Plan and recommends
approval of Resolution 00-11 to approve implementation of the proposed project.
Commissioner Questions
Commissioner Brown asked if a tunnel would be constructed under the freeway. Mr.
Whittenberg responded in the affirmative.
Commissioner Lyon asked where the City of Seal Beach borderline rested in relation
to the 1-405. Mr. Whittenberg responded that the Seal Beach boundary crosses the
1-405 Freeway and the Naval Weapons Station south of the 1-405 to include the west
side of Bolsa Avenue located within the City of Seal Beach and then continues north
across the freeway ending at the Bolsa Chica Channel on the east side of the
College Park East neighborhood. .
Public Comments
Vice-Chairperson Cutuli opened the public comment period.
Mr. Reg Clewley stated that he was in opposition to this item. He said that it was
inconsistent with the Safety Element of the General Plan and with the Recreation
and Conservation Element of the General Plan. He stated that constructing a tunnel
under the 1-405 and 22 Freeway confluence does nothing but provide a soft
underbelly, making it susceptible to low budget terrorist attacks whereby a pickup
truck filled with mattresses could create a devastating flood with any good rainfall.
He said that this tunnel would provide an attractive nuisance and provide a habitat
for derelicts and trolls-an unsafe party environment for teenagers, or a place where
gunshot victims are left to die. He stated that this "tube" would indirectly destroy
wetlands and valuable wildlife habitats. He said that the channel as it exists is set to
be filled, destroying wildlife habitat and wetlands. He stated that the whole channel
should be filled in with dirt. He said that recreational opportunities for birdwatching
would be lost, all without mitigation and without Staff ever studying the proposed
disastrous waste of taxpayer resources. He recommended denial of this
determination, or at the very least to return the item to Staff with instructions to study
the issue more carefully. He noted that the drawings of the proposed project
provided by Staff were illegible with smears substituted for technical data. He said
approval of this item would simply be another example of "the slipshod, slaphappy
style of government that it would behoove the people of Seal Beach to be rid of." He
stated that eucalyptus trees at the end of the proposed channel would also be lost.
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City of Seal Beach Planning Commission
Meeting Minutes of April 19, 2000
MOTION by Brown; SECOND by Larson to approve Determination of General Plan
Conformity - Garden Grove Storm Channel Improvements, County of Orange, and
adopt Resolution No. 00-11.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Brown, Cutuli, Larson, and Lyon
None
Hood
Mr. Whittenberg noted that as indicated in the Staff Report the County of Orange
would be preparing a Negative Declaration regarding the environmental impacts of
this project. He stated that the document would be circulated to the City of Seal
Beach for comment in accordance with the California Environmental Quality Act
(CEQA). Commissioner Cutuli asked if this item would be coming before the
Planning Commission again. Mr. Whittenberg responded that since there is no other
discretionary action required by the Planning Commission on this type of project, the
comment letter prepared by Staff would go directly to the City Council for approval.
Commissioner Lyon stated that there are several of these underground tunnels on
the west end of Leisure World. He said that they are necessary to allow the safe
drainage of storm water.
PUBLIC HEARINGS
5. Amendment 00-1, Main Street Specific Plan
Citywide
ApplicanUOwner:
Request:
City of Seal Beach
To add a new Section 5-H to the Main Street Specific Plan
to establish a policy statement and design and location
criteria for the placement of newsracks within the Main
Street Specific Plan area.
Recommendation:
Recommend approval of Main Street Specific Plan
Amendment and processing of applications for bringing
existing newsracks into conformance with the proposed
standards.
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in
the Planning Department.) He stated that this proposal is to amend the divisions of
the Main Street Specific (MSSP) to add a new policy statement regarding the
location of news racks within the MSSP area, and to set forth within that specific plan
some basic location and design criteria for future newsracks. He provided some
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City of Seal Beach Planning Commission
Meeting Minutes of April 19, 2000
background information and stated that when the City was considerin~ the adoption
of the MSSP, the issue of newsracks was a high priority item for discussion. He said
that at that time there were also several cases pending before courts of appeal and
the U.S. Supreme Court on certain type of regulations cities were attempting to
impose on newsracks. As a result, the determination at that time was to postpone
the newsracks issue until the courts provided some direction regarding what controls
could be placed on newsracks while maintaining constitutional conformance. He
noted that there were a number of related free speech issues to be considered.
Mr. Whittenberg stated that the amendment presented tonight was in Staff's opinion
in conformance with the current law both in California and with the U.S. Supreme
court determinations. He said that the proposal sets forth a general policy statement
on the design, location, and maintenance of newsracks. He noted that the Staff
report included a copy of the ordinance as proposed by City Council. He stated that
once the Planning Commission makes a recommendation on this amendment to the
MSSP, the City Council would also have to hold a public hearing to vote to adopt this
amendment.
Mr. Whittenberg reported that the general complaints heard for a number of years
regarding newsracks include:
1. Too many newsracks at one location.
2. Blockage of pedestrian access.
3. People exiting a car parked on Main Street having to maneuver around other
cars due to newsracks blocking sidewalk access.
He stated that the new ordinance would limit the number of newsracks to no more
than 5 at anyone location with distance separation requirements between sets of
newsracks. He said that although this might not limit the total number of newsracks
along Main Street, it would allow for more even distribution of the racks. Staff
recommends approval of Amendment 00-1.
Commissioner Questions
Commissioner Lyon asked if there are currently charges levied for newsracks. Mr.
Whittenberg responded that currently the only charge was a business license fee.
He said that the amendment includes requirements for fees for issuing an
encroachment permit and fees for violations of City provisions for placement of
newsracks.
Vice-Chairperson Cutuli asked what the existing rules for news racks were. Mr.
Whittenberg stated that currently the only requirement was to obtain an
encroachment permit from the Public Works Department. He said that there was no
other guidance or direction regarding placement of newsracks within the City. He
noted that the proposed ordinance would set forth a number of standards for setting
up newsracks. He stated that Staff had reviewed numerous newsrack ordinances
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City of Seal Beach Planning Commission
Meeting Minutes of Apn7 19, 2000
from other California cities and has ensured that the provisions written by Staff are
constitutionally acceptable. Mr. Whittenberg said that in writing the newsrack
ordinance Staff has attempted to reflect the specific needs in Seal Beach,
particularly the issue of pedestrian access along Main Street. He commented that
although it is felt that newsracks should be allowed, they must be better controlled.
He said that in January or February of this year Staff had invited all of the companies
that have newsracks in Seal Beach to attend a meeting to review the ordinance
provisions. He reported that other than a FAX received from the Grunion Gazette,
no one from any of the other companies appeared at the meeting or responded.
Vice-Chairperson Cutuli asked if the ordinance were adopted, would existing
newsracks be eliminated or would there be enough room for all of them. Mr.
Whittenberg stated that the existing vendors would not be eliminated, but some of
the newsracks might be relocated to a different area in the city. He noted that at
John's Food King Market, at the corner of Main Street and Central Avenue, there
were 18 to 20 newsracks. Vice-Chairperson Cutuli asked who would make the
decision for which newsracks were to be relocated. Mr. Whittenberg stated that the
Public Works Department would determine this and the ordinance itself sets forth all
of the spacing standards. He said that selection of the stations would be on a first-
come, first-served basis. Vice-Chairperson Cutuli asked if perhaps those that have
been there the longest would have first choice. Mr. Whittenberg responded that this
might be very possible.
Commissioner Lyon asked if the City had a definition as to what would be
considered news. Mr. Boga responded that there is no definition. He said that
basically, anyone who wants to place a newsrack with their publication in it is free to
do so after having made application and paying any required fees. Mr. Whittenberg
interjected that except for certain limitations on pornographic materials, the City
cannot really control the type of publication placed in the racks.
Commissioner Brown asked why Staff did not elect to designate specific locations
for newsracks. Mr. Whittenberg stated that this had been discussed with both Staff
and the City Council and it was determined that the City should not get involved in
that level of detail. He noted that some cities have gone to the expense of
constructing large framework structures for newsracks, but this can be very
expensive. Commissioner Brown asked if the City constructed this type of structure,
could the spaces then be rented or leased out to newspaper vendors. Mr. Boga
responded that this was not entirely clear. He said that he believed the City could
probably charge fees to help recover the cost of constructing the news rack frames.
But he also that the law was clear that cities could not make a profit on what people
have a right to do anyway.
Commissioner Brown stated that the newsracks were all cluttered, of different sizes
and colors, and were basically an eyesore. He said he thought that the City's
objective should be not only to enhance public safety but also to make them less of
an eyesore. Mr. Whittenberg stated that vendors would have to meet City standards
for location, design, and mounting of newsracks. Commissioner Brown asked if the
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City of Seal Beach Planning Commission
Meeting Minutes of April 19, 2000
City could require a specific model of newsrack. Mr. Whittenberg responded that
this could be done, but should the City choose to change the model of newsrack
used, the ordinance would again have to be taken through the hearing process. He
stated that it would be best to have the City Council approve a series of models from
which the vendors could choose. Commissioner Brown stated that similar to a mall,
the City, as the mall owner, should be able to designate the type and model of
newsrack that can be placed along Main Street or at other locations within the City.
Vice-Chairperson Cutuli asked based on the requirement proposed for newsracks
for black frames with wood inserts, how many of the current vendors would have to
make a change. Mr. Whittenberg responded that a large majority of them would
have to make a change. Vice-Chairperson Cutuli asked if the Planning Commission
could decide tonight to adopt the standards for all newsracks. Mr. Whittenberg
stated that they could.
Commissioner Lyon stated that he was in agreement that John's Food King had a
valid complaint. He said that it was always very messy around these newsracks.
Commissioner Larson requested clarification of the fee structure, and he also
questioned the requirements for locating the newsracks as stated in Policy 16 (3) of
the Amendment, which states "Newsracks located near the curb shall be located no
less than 18 inches nor more than 24 inches from the edge of the curb." Mr.
Whittenberg responded that the reason for this flexibility is to allow for subsurface
pipes that sometimes come up through the street on sidewalks and adjustments in
the location of a newsrack may be necessary. He indicated that the measurement
would be taken from the pedestal mount. Commissioner Larson stated that this
would then mean that the rack itself would be closer to the curb than 18 inches. Mr.
Whittenberg confirmed this. Mr. Whittenberg noted that this requirement was
included in order to discourage having just a single rack at any location.
Public Hearina
Vice-Chairperson Cutuli opened the public hearing.
Mr. Reg Clewley commented that the City was long on news racks on Main Street
and short on trees. He said instead of charging a $50 annual fee for newsracks, the
City should be adding more trees to Main Street. He stated that the fees charged for
newsracks would simply go into the City's coffers to be "squandered anywhere,"
while there are missing trees on Main Street that need to be replaced. He stated
that while there were pedestrian problems created by newsracks, the ordinance
amendment gives no attention to people in wheelchairs. He said that people in
wheelchairs have serious problems in navigating Main Street, and most of them will
avoid this street and not patronize the shops there. He noted that part of the
problem was the newsrack groupings that encroach too far onto the sidewalk, and
the illegally placed benches outside of businesses along both sides of Main Street.
He said he wasn't concerned about the color to be designated for newsracks, but
there were simply too many of them along Main Street. He noted the similar
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City of Seal Beach Planning Commission
Meeting Minutes of Apri/19, 2000
situation created with the placement of a bench in front of Clancy's. He said that
equal access for people in wheelchairs should be of primary importance when
considering any legislature within the city. He recommended that applicants for
newsrack be required to plant a tree on Main Street for which they would be
responsible in order to receive a license. He recommended that in order to prevent
impeding access, newsracks should be placed no further than exactly 18 inches
from the curb. He said that if a pipe makes it difficult to place a newsrack, another
location should be designated for placement. He said that it was important to
maximize access to the sidewalks for pedestrians and people in wheelchairs.
Mr. Kurt Wallen stated that he has been a resident of Seal Beach for approximately
20 years. He said that he had watched the Planning Commission and the City
Council discussions on newsracks and he wanted to emphasize that the newsracks
are very unsightly and do not do much for the appearance of Main Street. He stated
that he had counted 72 newsracks placed indiscriminately along Main Street in small
and large groups, and he demonstrated photos he had taken of these racks. He
said that the idea of consolidating the newsracks into a good-looking unit is a good
thing to do. Mr. Wallen noted that by allowing groups of newsracks to be placed
within 100 feet of each other would allow for 120 newsracks along Main Street,
which would be excessive. He stated that he would like to see newsracks for
advertising materials eliminated altogether, as he does not believe that advertising
materials should be categorized as news. He said that Main Street could be a nicer
street without all of the tacky-looking newsracks. He recommended restricting the
number of newsracks.
Ms. Kim Shear, one of the owners of John's Food King Market, stated that she felt
very strongly about newsracks along Main Street. She said that the owners of the
market have fought to remove the racks since they purchased John's Market. She
thanked all of those who had supported the efforts to address the issue of
newsracks. Ms. Shear noted several issues related to the racks including:
1. Each rack is painted a different color and they are just plain ugly.
2. They create trash on the street.
3. The materials are not regulated.
She stated that designating a specific location for newsracks and limiting the total
number of newsracks allowed would help to greatly improve the situation. She said
that there are several red-colored racks containing unemployment materials, which
she stated "stand out like sore thumbs. U She commented that every day one of her
employees must go out and sweep around the 18 news racks located on the side of
John's Market. Ms. Shear stated that she would appreciate seeing the issue
addressed as soon as possible.
Vice-Chairperson Cutuli closed the public hearing.
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City of Seal Beach Planning Commission
Meeting Minutes of April 19, 2000
Commissioner Comments
Commissioner Brown stated that the speakers were correct in stating that the City is
the "landlord" of Main Street, and the Main Street Specific Plan (MSSP) sets the
rules. He said that he believes the City should designate locations for the
newsracks and that this should not be left for the vendors to decide. He emphasized
that the City should provide uniform design standards and appearance requirements
for all newsracks within the city. He said that he would make the MSSP point to that
and to state that newsracks shall be in a manner and form approved by the City
Council. He indicated that the ordinance should stipulate a minimum distance from
buildings to allow room for wheelchair access to sidewalks. Commissioner Brown
asked if there is a legal difference between circulars and newspapers. Mr. Boga
reported that the U.S. Supreme court has ruled that commercial advertising
materials must also be allowed. Commissioner Brown stated that the City should
still be able to control the type of newsrack that the City uses. This would provide
consistency throughout the town.
Mr. Whittenberg referred to Subsection I on Page 21 of the Staff Report, which
states that no newsrack shall be located where the passageway of pedestrians on
the side~alk is reduced to less than five (5) feet. He stated that this stipulation
would ensure access to both pedestrians and people in wheelchairs. He said that
the issue of eliminating the standard in the MSSP on the design and materials to
construct the newsracks and even the proposed dimensions for racks is addressed
in Section 0 on Page 21. He suggested that it might be appropriate to substitute
language in the ordinance that basically directs the reader to refer to the City's
requirements for dimensions and design standards for newsracks. He said that this
would address this issue and allow flexibility for change without having to revise the
MSSP or bring the ordinance back before the Planning Commission. He also
recommended that this language be included on page 9, on which Resolution 00-13
appears, as the new Item 4.
Commissioner Brown asked if Section 11 B-4 A(1) of the ordinance could state that
newsracks are to be in locations designated by the City. Mr. Boga stated that this
could be done if a map had been prepared showing the locations were adequate to
meet the needs of all applicants. He stated that the concern was that the courts
have said that a city cannot hamper the distribution of newsracks. Commissioner
Brown asked what the City would have to do be able to designate locations for
news racks in an ordinance. He asked if a map designating these locations could be
added to the ordinance. Mr. Whittenberg stated that he believed what Mr. Boga was
saying was that in order to go to that type of change in direction in the ordinance
provisions, Staff would have to take the location criteria and go out and physically do
the actual measurements to see how many locations can actually meet the criteria.
Commissioner Brown stated that to let the vendors decide on where to place
newsracks would become "a giant headache." He said that as the "landlord" of Main
Street, it really is the City's place to say where the newsracks will go.
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Vice-Chairperson Cutuli stated that although it would be nice to designate locations
for newsracks, he had to disagree with this concept because the City should not
have to dictate which businesses along Main Street will have news racks in front of or
near their locations. Business owners might feel discriminated against as a result.
Commissioner Brown countered that if the vendor is allowed to decide where his
newsracks are to be located, business owners lose their right to appeal, as the City
is not involved in designating where vendors may situate their newsracks. Mr.
Whittenberg noted that to begin with, business owners have no right to what
happens on the public sidewalk in front of his or her property. He stated that when
an application for a newsrack is received Staff would review conformance to
ordinance criteria and assist the vendor in deciding on a location. He said that the
City by law has to provide sufficient locations on the street to provide for the
distribution of public information. Commissioner Brown said that he realized that
sufficient locations had to be provided, but he insisted that the City should specify
where those locations would be. Mr. Whittenberg stated that actual adoption of the
ordinance falls under the jurisdiction of City Council. He explained that what the
Planning Commission was considering was the Amendment to the Specific Plan
regarding spacing, dimensions, and design standards for newsracks within the City.
He suggested that the Planning Commission include as a separate motion a
recommendation to the City Council that the ordinance designate specific sites for
newsracks. Commissioner Brown asked if the Council's ordinance was not before
the Planning Commission, why was the ordinance being presented to the Planning
Commission. Mr. Whittenberg stated that the ordinance had been brought before
the Planning Commission so that the Commission could provide comments and/or
recommendations for changes to the City Council. Commissioner Brown stated that
he did not like the ordinance as it stands because of the design criteria established
by the MSSP to begin with. He recommended that an alternate ordinance be
prepared that the Planning Commission could agree on.
Commissioner Larson stated that he likes to see laws that are specifically spelled
out and use objective standards. He said that he did not like to see a law that states
that "some obscure city official" can determine where newsracks will be located. He
noted that if that city official did not like a particular publication, his choice of location
could be very subjective and this could breed a lot of trouble. He also noted that
competing newspapers would be vying for locations in the more visible and heavily
trafficked areas of the City. He said he liked the ordinance as it is written, and that it
appeared to present objective standards for placement of newsracks. He reiterated
that designating specific locations for vendors to place newsracks would create
tremendous problems. Commissioner Brown stated that he was not proposing that
the City pick and choose whose newsrack goes where, but was proposing that the
City provide the newsrack into which vendors can place their publications, and the
City would not decide which vendor get which location. He asked if there was a
provision for the vendors to select locations on a "first-come, first-served" basis. Mr.
Whittenberg stated that the ordinance proposes that vendors wishing to place
newsracks within the City must first apply for an Encroachment Permit. They must
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then present a map showing the proposed physical location for their newsrack(s),
ensuring that it is in accordance with the standards for newsracks. Staff would
review the map and if it meets all of the ordinance standards, Staff must approve the
applications. Commissioner Brown asked how the 18 existing news racks in front of
John's Food King would be handled, since the ordinance states that no more than 5
newsracks may be placed at anyone location. Mr. Whittenberg responded that the
first 5 applicants meeting all standards and selecting that location would be
approved. Commissioner Larson asked how Staff would handle one vendor wanting
to use all 5 racks at that one location. Mr. Whittenberg stated that there would be
nothing preventing a vendor from doing this. Commissioner Larson then asked what
if that same vendor made an application for every news rack in the City.
Commissioner Brown stated that initially some type of lottery should be used to
decide newsrack locations. He asked if this could be added to the ordinance. Mr.
Boga noted that this could be added to the ordinance. He also stated that the city
could restrict one vendor from monopolizing all or a part of all newsracks.
Commissioner Larson commented that at many locations within the City he sees 2
or 3 newsracks for The Los Angeles Times or for The Orange County Register. He
said that he Would not be surprised if the newspaper vendors state that it is up to
them and not a city official to decide where their newsracks will be placed.
Vice-Chairperson Cutuli stated that perhaps by designating where newsracks cannot
be placed, the ordinance is in essence stating where newsracks can be placed. He
said that this provides a certain amount of leeway for vendors to place their racks.
Commissioner Brown said that the ordinance could designate a standard design for
newsrack to be used in Seal Beach and could also state that no more than 5
newsracks at anyone location would be allowed. Mr. Whittenberg commented that
while visiting the City of Monterey he walked down the main street area to view their
newsrack setup. He said that whether there were 2,3 or 6 racks in a unit, they were
all consistently the same standard design. ' He said that the Seal Beach ordinance
proposes that the City-approved style of newsrack would have to be used by all
vendors. Mr. Whittenberg stated that it was his impression that upon incorporating
the changes to the ordinance discussed, the Planning Commission appeared to be
in agreement in recommending adoption of the ordinance for newsracks.
Commissioner Brown recommended changing the language for Item C of Section
11 B-4 to reflect the City standard design option for newsracks.
Vice-Chairperson Cutuli stated that he believed that the required distance from the
curb for news racks should be the same for all locations. Mr. Whittenberg inquired as
to what might be a more appropriate distance and stated that he was not quite sure
how this was to be determined. He said that the reason some of the language had
been included in the ordinance was because of some of the positions that have been
adjudicated in the court system. He stated that Staff could review the ordinance to
see if the distance number could be changed. Vice-Chairperson Cutuli stated he
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was concerned with the increase in pedestrians during the summer months. He
recommended using the 18-inch standard.
Commissioner Lyon requested clarification on the proposed fee schedule for
newsracks, which appears on Page 3 of the Staff Report. He questioned the $150
administrative hearing deposit fee. Mr. Whittenberg responded that this fee would
cover administrative costs for handling the hearing and/or to address any
maintenance issues or other violation of the ordinance provisions.
Commissioner Brown stated that he felt it would be a lot easier to say, "here are the
locations and here are the newsracks that you can use." He said it would be better
to than to say, "here are the newsrack we like." Mr. Whittenberg stated that Staff
would re-work the ordinance to incorporate this type of language. He recommended
that everything but the first sentence be eliminated from Item 3 of Policy 16 of
Resolution 00-13, and that the following language be added:
"Each newsrack shall be situated on a frame and casing that meets the
standards adopted by the City."
He said that making this change would also allow for the elimination of Items 4 and 5
of this section. He said the City could then adopt a separate policy statement that
they could return to the Planning Commission for review regarding the design,
location standards.
MOTION by Brown; SECOND by Larson to approve Main Street Specific Plan
Amendment 00-1 as amended, and adopt Resolution No. 00-13 as amended.
MOTION CARRIED: 4 - 0 - 1
AYES: . Brown, Cutuli, Larson, and Lyon
NOES: None
ABSENT: Hood
MOTION by Brown; SECOND by Lyon to recommend that City Council specify
approximate locations and uniform design criteria for newsracks.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-1-1
Brown, Cutuli, and Lyon
Larson
Hood
STAFF CONCERNS
Mr. Whittenberg reminded the Commission that prior to the May 3, 2000 meeting a
dinner would be held at 5:30 p.m. in honor of Commissioner John Larson's transition
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from the Planning Commission to the City Council. He stated that this would be
Commissioner Larson's last Planning Commission meeting. Mr. Whittenberg noted
that due to scheduling, there is to be a full agenda for that evening.
COMMISSION CONCERNS
None.
ADJOURNMENT
Vice-Chairperson Cutuli adjourned the meeting at 8:45 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secreta
Planning Department
APPROVAL
The Commission on May 3, 2000 approved the Minutes of the Planning Commission
Meeting of Wednesday, April 19, 2000. (\ L .
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