HomeMy WebLinkAboutPC Min 2002-08-07
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for August 7, 2002
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - David Hood
District 5 - Phil Ladner
Deoartment of Develooment Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Associate 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 TV3. 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
TV3 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 August 7, 2002
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 August 7, 2002
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City of Seal Beach Planning Commission
Agenda for August 7, 2002
7:30 p.m.
I.
II.
PLEDGE OF ALLEGIANCE
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; andlor
(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. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN
V. 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.
. VI. 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 July 17, 2002.
2. RECEIVE AND FILE: Creation of General Plan/Local Coastal Plan Citizens Advisory
Committee
VII. SCHEDULED MATTERS
VIII. PUBLIC HEARINGS
3. Conditional Use Permit 01-9
15 First Street (River's End Restaurant)
ApplicanUOwner:
Request:
Mike Balchin / City of Seal Beach
The applicant proposes to implement the sale of beer and wine for on-
sale consumption during the hours of 9:00 a.m. and 8:00 p.m. daily at an
existing restaurant.
Recommendation:
Approval subject to conditions and adoption of Resolution 02-36.
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IX. STAFF CONCERNS
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City of Seal Beach Planning Commission · Agenda of August 7, 2002
X. COMMISSION CONCERNS
XI. ADJOURNMENT
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Aug 21
Sept 04
Sept 18
Oet 09
Oet 23
Nay 06
Nay 20
Dee 04
Dee 18
TO BE SCHEDULED:
Q
Q
Q
Q
Study Session:
Staff Report:
Study Session:
Study Session:
City of Seal Beach Planning Commission · Agenda of August 7, 2002
2002 Aaenda Forecast
Height Variation 02-4 (1300 Catalina Avenue)
Planned Sign Program 02-2 (Rossmoor Business Center)
Permitted Uses and Development Standards in Commercial Zones (5/6/98)
Undergrounding of Utilities
Retaining Walls
ADA Handicapped-Accessible Restrooms
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of August 7, 2002
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, August 7,2002. The meeting was
held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Hood, Commissioners Deaton, Shanks, and Sharp
Also
Present: Deoartment of Develooment Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Associate Planner
Absent: Commissioner Ladner.
Mr. Whittenberg reported that Commissioner Ladner had contacted the Director of
Development Services indicating that he would not be present tonight and asked to
be excused.
MOTION by Sharp; SECOND by Shanks to excuse Commissioner Ladner from
tonight's meeting.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
AGENDA APPROVAL
4-0-1
Deaton, Hood, Shanks, and Sharp
None
Ladner
MOTION by Sharp; SECOND by Shanks to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Hood, Shanks, and Sharp
None
Ladner
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of August 7, 2002
ELECTION OF CHAIRMAN AND VICE-CHAIRMAN
MOTION by Sharp; SECOND by Deaton to nominate Commissioner Hood for
Chairman.
MOTION by Shanks; SECOND by Deaton to close nominations.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Hood, Shanks, and Sharp
None
Ladner
MOTION by Hood; SECOND by Deaton to nominate Commissioner Sharp for Vice-
Chairman.
MOTION by Hood; SECOND by Deaton to close nominations.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Hood, Shanks, and Sharp
None
Ladner
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
Mr. Tom Blackman requested clarification regarding a home under construction at
1545 Crestview Avenue. He stated that many of the neighboring residents are
concerned that the home will exceed the City height limit. He said that rumors are
circulating that the current property owner is adding soil to the existing grade to raise
the ground above grade level and continue upwards. He noted that the residents
"do not want a Miami Beach Seal Beach" and the City should ensure that this home
will not be in violation of the height limit. He stated that his single story home is one
of the original homes on the hill, with a 2-story home on one side and a new home
being constructed on the other. He said he has no problem with the height limits as
set by the City and hopes to see them adhered to.
Mr. Jerry Anderson emphasized that it is important that things like this not be
allowed to "slip through the cracks." He asked how a building elevation is
determined. He said some cities measure it from the sidewalk and others from the
centerline and others from the existing tract map. He stated that he knows of no city
that allows you to build 5 feet of dirt and then build on top of that. He expressed his
concerns that because this is a totally new building, it should be brought down to
either the height originally granted when the tract was built, or to the height of the
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City of Seal Beach Planning Commission
Meeting Minutes of August 7, 2002
home that was previously there. He stated that these questions should have been
answered at the Staff level. Mr. Anderson then reported that construction of a house
is going on behind his home and he was recently notified of their request to
construct a "doghouse" on the house. He said it is unfair to be put in the position of
having to oppose this doghouse, since it will be approved after the initial approval of
the plans for this home. He noted that this will create problems between him and his
new neighbor, and this request should have been stopped at the Staff level.
Mr. Stan Anderson spoke in support of both Mr. Tom Blackman's and Mr. Jerry
Anderson's comments. He encouraged better communication between the City and
residents to help prevent these kinds of misunderstandings.
Mr. John Hermstead stated he lives next door to 1545 Crestview Avenue. He said
that the California Coastal Commission (CCC) issued the permit for this new
construction and he had a difficult time trying to find out from the City what the
finished grade on that property would be. He stated that a revised drawing was then
presented reflecting a garage that is 600 square feet larger than the one approved
by the CCC. He noted that the lot is on a hill and Mr. Hermstead's property is
located at the crest of the hill, and when complete, the grade on the new home will
be higher than that on Mr. Hermstead's property. He expressed his concern that the
lot was overgraded by approximately 2 feet when it was constructed in the 1960's.
He said as far as the grade goes the project is way out of line. He indicated that he
has spoken with Staff, and he feels that the decision made was a very poor one. He
recommended that the issue be looked into further.
There being no one else wishing to speak, Chairperson Hood closed oral
communications.
Staff Comments
Mr. Whittenberg stated he would make general comments and if the Planning
Commission (PC) wanted further detail, Staff would return at a later date with a more
detailed report. He said that the City had received a number of calls regarding this
project and stated that when the building plans were submitted they were drawn
based upon an assumed elevation of the centerline of Crestview. He said that Staff
had indicated that they needed to use correct elevations that are tied to the grading
plan so that Staff could determine what the proposed heights would actually be. He
reported that when Staff became aware that the contractor was looking at actually
changing the grade on the property, the City contacted both the contractor and the
owners to advise that for the City's purposes Staff would determine the height of the
building based upon the existing grade from the previous house. He invited the
public to visit the Department of Development Services to view the plans. He
verified that the height of the home would be 25 feet from the grade of the previously
existing home on that property. He noted that the grading on the property is higher,
but that does not raise the base elevation for the house itself above the 25 foot
height limit.
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City of Seal Beach Planning Commission
Meeting Minutes of August 7, 2002
Commissioner Comments
Commissioner Shanks stated that he visited the site of the new home and he
understands the problem, particularly the way the project appears now. He
emphasized that the home was not going to be higher than the 25-foot height limit.
Chairperson Hood asked if Commissioner Shanks would like to see this issue
agendized for discussion at a future meeting. Mr. Whittenberg interjected that as the
project currently exists, there is nothing within the application that would require it to
come before the PC for any type of discretionary action. He noted that everything
for this project complies with current City Code. Commissioner Shanks verified that
he did not believe that much would be accomplished by further discussion except
using Staffs time.
Commissioner Deaton stated that she had received some telephone calls regarding
this issue, and her understanding is that it does go against Code. She read from
Article 4, Section 28-400a of the City Code regarding permitted uses and noted that
the proposed garage measures 50 feet across and will accommodate 5 automobiles.
She emphasized that what is happening to this neighbor is that he is going to have a
property owner who can legally re-grade his property, use the original retaining wall
and then build 6 feet on top of it, leaving the neighbor with a 12 to 15-foot high fence
on his property, casting an enormous shadow onto his property. She also noted that
there would be a lot of drainage that needs to go onto the public right-of-way rather
than onto the adjoining properties. Commissioner Deaton stated that although there
may not be anything the City can do, but she feels that a study session on this issue
should be conducted. She also questioned the difference in the plans originally
approved by the CCC and the final plans submitted and recommended that the City
Engineer take a look at this project.
Commissioner Shanks concurred with Commissioner Deaton's comments about the
proposed 5-car garage. He then stated that the garage would not be considered as
one story of the home and noted that the existing retaining wall is actually a
decorative wall that is falling over and will have to be replaced. He said the basic
question is whether Code will allow increasing a grade in this manner, and he noted
that Commissioner Deaton had raised a very good point regarding drainage from
this property. He said if Commissioner Deaton wished to pursue discussion on this
issue, he would back her up.
Commissioner Sharp stated that until something comes up that involves the PC, he
does not believe that any action should be taken on this issue, because it is actually
up. to the Engineering and Planning Departments to approve the plans, and if the
construction is going above the grade level, eventually it will be stopped.
Commissioner Deaton confirmed that this issue would never come before the PC
unless it takes action tonight for a future hearing. She stated that she did not believe
the PC should just let this issue die.
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City of Seal Beach Planning Commission
Meeting Minutes of August 7, 2002
Mr. Whittenberg interjected that normally this type of request would be agendized as
a Scheduled Matter and public notice would not be mailed out. He asked if the PC
would like to have this scheduled as a Public Hearing and be property noticed.
Commissioner Deaton asked if it could be placed on the next agenda. Mr.
Whittenberg stated it would not be possible, as there would not be sufficient time to
mail out the notices. Commissioner Deaton asked whether work would proceed in
the meantime. Mr. Whittenberg said that a valid grading permit has been issued, so
the work would continue. He stated that the issue of CCC approval versus City
approval is under review by the CCC and the City will await their determination
before taking any action to stop the work. Commissioner Deaton asked that the
property owner also be notified. Mr. Whittenberg cautioned that the action of the PC
based on the public hearing cannot instruct Staff to do something not in accordance
with the current laws of the City.
Chairperson Hood asked if the September 4, 2002 meeting would be convenient for
this hearing. Mr. Whittenberg recommended that the sooner the matter is addressed
the better off the PC would be.
MOTION by Deaton; SECOND by Shanks to place this item on the September 4,
2002 agenda for further discussion.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1-1
Deaton, Hood, and Shanks
Sharp
Ladner
Mr. Whittenberg advised how the public notice is to be circulated and published.
Commissioner Sharp asked what the public notice would state. Mr. Whittenberg
responded that it would be noticed as a public hearing for a Planning Commission
discussion regarding permit issuance by the City for grading permits and building
permits. Commissioner Sharp stated that he still believes this is a waste of the
Commissioners' and Staff's time.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of July 17, 2002.
2. RECEIVE AND FILE: Creation of General Plan/Local Coastal Plan Citizens
Advisory Committee
MOTION by Shanks; SECOND by Sharp to approve the Consent Calendar as
presented.
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MOTION CARRIED:
AYES:
NOES:
ABSENT:
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
City of Seal Beach Planning Commission
Meeting Minutes of August 7, 2002
4-0-1
Deaton, Hood, Shanks, and Sharp
None
Ladner
3. Conditional Use Permit 01-9
15 First Street (River's End Restaurant)
Applicant/Owner:
Request:
Recommendation:
Staff Reoort
Mike Balchin I City of Seal Beach
The applicant proposes to implement the sale of beer
and wine for on-sale consumption during the hours of
9:00 a.m. and 8:00 p.m. daily at an existing restaurant.
Approval subject to conditions and adoption of Resolution
02-36.
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
described the surrounding land uses as follows:
EAST:
WEST:
NORTH:
SOUTH:
Residential housing in a Residential Low Density (RLD)
Zone.
San Gabriel River and Long Beach Marina.
Vacant property on the old Department of Water and Power
site.
The beach and Pacific Ocean.
Mr. Cummins stated that the existing restaurant is currer.ltly open for breakfast and
lunch only, however, the owner, through an amended lease, will be extending the
operating hours until 8:00 p.m. He then described the procedure for determining the
ratio for alcohol and beverage licenses within a census tract, and noted that for this
particular census tract the ratio would allow for 4 on-sale licenses and there are
currently 10, making this an over concentrated area. He noted that this census tract
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City of Seal Beach Planning Commission
Meeting Minutes of August 7, 2002
includes Main Street, which has a number of pre-existing alcohol licenses. He
described this restaurant as further down the beach, away from a clustering affect of
alcohol licenses. Mr. Cummins clarified that although the Staff Report stated that
the restaurant wished to remain open after 8:00 p.m. for private parties, this was not
an accurate statement. The applicant plans to keep the restaurant open for dinner
on a regular basis until 8:00 p.m. only. The Staff Report had also indicated that this
evening's hearing was to propose to extend the hours of operation, and this is also
not the case. The application is to serve alcohol until 8:00 p.m. The hours of
operation are determined by the lease, which was recently amended by the City
Council and extends the hours of operation until 8:00 p.m., Monday through Sunday.
He explained that the issue before the PC this evening is whether to grant the ability
to serve beer and wine. The Associate Planner stated that Staff is recommending
approval subject to conditions. For the record Mr. Cummins reported that two letters
in opposition to this application were received from Connie and Diana Carson at 104
Ocean Avenue and another from Sylvia Bates at 100 Ocean Avenue.
Commissioner Questions
Commissioner Deaton clarified that the hours of operation are already fixed through
the new lease. Mr. Boga confirmed that the lease that the CC approved in May fixes
the hours.
Commissioner Shanks asked that since a Conditional Use Permit (CUP) runs with
the property, how does this apply to City property that is on a lease basis that is
renewed periodically. Mr. Whittenberg responded that the CUP would run with the
property and the City would still have the authority to negotiate the lease. If the City
chose to prohibit the CUP as part of the new lease agreement, they could do so,
invalidating the CUP entitlement.
Commissioner Sharp questioned how the measurements were completed on this
property to determine the distance from the homes on Ocean Avenue. Mr. Cummins
stated that in terms of the noticing requirements, the measurement is taken from the
corner of a property, and not from where the structure sits on the property.
Chairperson Hood reported that he had received telephone calls from Gwen
Forsythe and Wendy Rothman. He also reported that he and Commissioner Deaton
had visited the River's End for breakfast.
Commissioner Sharp stated that he had lunch there on Sunday.
Commissioner Shanks stated that he had received a telephone call from Wendy .
Rothman.
Commissioner Deaton stated that she had also received telephone calls from Wendy
Rothman and Linda Devine, and several other residents. She asked if Staff had
received correspondence in favor of this application. Mr. Cummins stated that he
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City of Seal Beach Planning Commission
Meeting Minutes of August 7, 2002
had not received written comments in favor. He stated that he had spoken to
several people who were in favor of this application.
Commissioner Shanks noted that the lease renewal lists the hours of operation as
"7:00 a.m. to 3:00 p.m., but may extend the hours to 8:00 p.m." He questioned the
manner in which this was written. Mr. Boga stated that he was not informed of the
process behind the precise phrasing of this condition, but he noted that even the
hours in the original lease agreement are oddly phrased. He remarked that in his
opinion this might be the result of a "little bit of sloppy drafting." Commissioner
Shanks stated that because of this phrasing it is not certain that the hours of
operation were definitely until 8:00 p.m. Mr. Boga stated that as he interprets the
language, the lease allows the business to stay open until 8:00 p.m. regardless. He
reiterated that the only issue open for consideration tonight is the ability to serve
alcohol.
Commissioner Deaton confirmed that as she understands it, the restaurant should
stay open until 3:00 p.m. each day, but they have the option to stay open later than
that, up to 8:00 p.m. Mr. Boga confirmed that this is correct.
Public Hearing
Commissioner Sharp asked if Chairperson Hood had stated that the applicant is
limited to 5 minutes. Chairperson Hood stated that he had announced this.
Commissioner Sharp then confirmed with the Director of Development Services
whether the length of time for applicant comments had been limited to 5 minutes.
Mr. Whittenberg stated that he was not certain that the PC had limited the time on
any public hearing matter for applicants. He said that he is aware there is a limit for
public comments, but he does not recall the applicants being limited. Commissioner
Sharp stated that he did not feel the applicant should be limited and Chairperson
Hood said he hand no problem with this. Mr. Whittenberg interjected that the PC
does have a mandatory 11 :00 p.m. adjournment time.
Chairperson Hood opened the public hearing.
Mr. Mike Balchin provided a brief history of the River's End Restaurant stating that it
officially opened for business 5 years ago. He said he believed the City was happy
with River's End as the CC just extended the lease. He noted that with the addition
of beer and wine he plans to add a small dinner menu of appetizers, meat, fish, and
pasta, for sunset dining until 8:00 p.m. He said River's End does not intend to be a
drinking place, but plans on providing beer or wine to accompany dinner entrees.
He stated that he is ready to train his staff in compliance with Alcohol and Beverage
Codes. Mr. Balchin stated that he is requesting this in order to generate revenue for
River's End and for the City. He said that he lives near several restaurants and he
understands and respects the need for privacy and respects the property values of
neighbors of River's End. He stated that he believes that with the restaurant being
open until 8:00 p.m. it might provide a presence of authority in the First Street beach
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City of Seal Beach Planning Commission
Meeting Minutes of August 7, 2002
parking lot that might improve the quality of people using the area in the later hours.
He said there has been a problem with graffiti and people coming in and destroying
things. He reported that he is a native of Long Beach and he and his wife have lived
in Naples for sixteen years. He stated that he has been a general contractor since
1973 and since 1975 he has designed, developed, and built residential/commercial
properties. He said he is a past president and lifetime member of the Long Beach
JC's and past board member of the Long Beach Chamber of Commerce and past
chair and lifetime member of the Long Beach Police Officers Association Honorary.
He noted that he represents the City of Seal Beach on the San Gabriel River
Stakeholder's Committee for the County of Los Angeles, is a charter board member
of the Friends of the San Gabriel River, a member of the Orange County Coastal
Coalition Committee, a member of the Seal Beach Ad Hoc Water Quality Review
Committee, a charter board member of the Seal Beach Surf Classic, and is a
member of the Seal Beach Chamber of Commerce.
Mr. Barry Moore spoke in favor of this application stating that he has been dining
there ever since River's End opened and he believes that the proprietors have
always acted responsibly in managing the restaurant. He recommended approval.
Mr. Stan Anderson spoke in favor of CUP 01-9. He stated that he has known Mr.
Balchin for many years and he is a good neighbor to Seal Beach. He noted that if
there were any problems in the future with River's End the CUP could be brought
back for review by the PC. He said he believes Mr. Balchin will be an excellent
neighbor and he recommended approval.
Dr. Frank Commonale stated that he had outlined his objections to this request in his
letter to the City. He said he disagreed with some of the comments in the Staff
Report. He noted that his wife's family is in the restaurant business so they know
how difficult it is, and they sympathize with the Balchins. He said that his problem is
not with the Balchins or with the restaurant, but with the affects of alcohol and what it
does to people. He stated he is especially in disagreement regarding noise. He
said that noise carries on the beach and they can hear noise from as far away as the
yacht club in Naples and also on the weekends in the evenings when young kids
walk on the beach. Dr. Commonale noted that two glasses of wine or beer are equal
to two shots of 96 proof alcohol creating a blood alcohol level above the legal driving
limit. He said the fact that the restaurant closes at 8:00 means nothing as patrons
could decide to walk on the beach after dinner and drinks. He expressed concerns
with inebriated young kids being overly noisy in the parking lot or perhaps
vandalizing property. He questioned how you could allow drinking on a "pad" on the
beach, but not allow drinking on the sand.
Mr. C.M. Carson stated that one of the nicest things about Seal Beach is that they
do not allow drinking, bonfires, or overnight sleeping on the beach. He said that
although River's End is a great breakfast and lunch place, it is not a dining place.
He noted that you could have a beer then step over a wall and be on the rocks or on
the sand, and it will not be possible to control patrons who have drinks and then
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wander onto the beach. He said it would be a step backwards to sell alcohol in the
middle of the beach. He stated that there are great bars on Main Street, but he does
not believe that surfers, windsurfers, or boogie boarders should be able to stop in,
have a few beers, and then do what they want to do on the beach. He
recommended denial.
Mr. Dennis Pohlman spoke in support of CUP 01-9. He said that Mr. Balchin had
stated that he would only be serving alcohol with food. He noted that currently Mr.
Balchin does not allow smoking at River's End, and he would enforce the alcohol
service just as strictly. He said that in order to go to River's End to have just a beer
you have to pay $2.00 just to park your car. He stated that other restaurants that
serve beer and wine with their dinner entrees have rarely had problems with
inebriated patrons. He recommended approval.
Mr. Rob Driscoll also spoke in support of this application. He stated that
approximately 6 years ago he had organized a group of people to raise funds to
install the grass area next to the River's End location. He said that one of the best
things that came out of this project was that the group was able to see the
incidences of graffiti and vandalism decline significantly after this. He noted that
since the Balchins took over and started River's End vandalism and graffiti have
declined even more because they are taking care of the restrooms at that location.
He said the Balchins are very responsible neighbors and he recommends approval
of CUP 01-9.
Mr. Roger West stated he is chairman of the Seal Beach Council for Environmental
Concerns, a private group that has worked on behalf of environmental issues in the
city. He said he was shocked that the PC would even consider this application. He
noted that "No Alcohol Permitted On the Beach" signs are posted all along the
beach, and now an individual wants to sell alcohol on the beach. He emphasized
that this is public property held by the City for the benefit of the public. He asked
what kind of message was being sent to children and young people when they are
told that they cannot bring alcohol onto the beach, yet Mr. Balchin is able to sell it on
the beach. He stated that the residents of Seal Beach are fortunate in that many
people throughout the years have worked to keep it a small town and to save the
beach. Mr. West noted that if River's End is allowed to sell alcohol, Ruby's will
eventually want the same privilege. He recommended denial. He reiterated that as
the Staff Report states, this town has already exceeded the limit for allowable
alcohol licenses, and another is not needed.
Ms. Jane Anderson spoke in support of CUP 01-9 and stated that the Balchins
operate a family. business at which they work seven days a week. She noted that
they provide employment for many of the young people of Seal Beach. She
emphasized that Mr. Balchin is hard working and is very conscious of a moral
attitude in the people that he employs. She recommended approval of this
application.
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Mr. Balchin explained"that River's End is not considered to be lion the beach." He
noted that a City Ordinance that does not allow dogs on the beach, but leashed dogs
are allowed on the restaurant patio. He encouraged approval of his application.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Commissioner Deaton said that this would be a difficult decision. She stated that
one of the telephone calls she received in favor of CUP 01-9 cited the problem with
vandalism and gathering of people in that area, and the caller felt that by having the
establishment open later in the evening, it would discourage this activity. She noted
that the majority of the calls that she received were against selling alcohol because
of many of the arguments presented tonight. She stated that 100 and 102 Ocean
Avenue would be the properties most affected due to cars entering and exiting the
parking lot.
Commissioner Sharp stated that he visited River's End for lunch since he had never
been there, and he feels that unless there is live entertainment or music, he could
not see how this would significantly affect the residents; however, he is concerned
about the restaurant being so close to the beach. He noted that the City does have
a strict law against alcohol on the beach and in the past the PC has been very
careful to ensure that restaurants with an open patio have a high enough barrier so
that drinks cannot be passed outside the establishment. He said that River's End
does not have such a barrier. He said he has a problem with this and with the fact
that most of the seats are in the patio area.
Commissioner Shanks stated that as he recalled, this location originally opened with
the intent to sell some food (hot dogs and soft drinks) to the people on the First
Street beach area. He said it has now grown from that into a restaurant that wants
to sell beer and wine. He commented that the way things work in this City,
eventually the applicant will return requesting even later operating hours for Fridays
and Saturdays. He noted that the beach is one of the sacred icons in this town, and
although Mr. Balchin must be commended for improving the area and taking care of
it, it is still the beach area.
Commissioner Deaton said that this would create traffic problems on First Street and
Ocean Avenue. She noted that this is a government facility that is being leased and
she does not feel it is appropriate to issue a liquor license for consumption on the
beach. She recommended denial.
MOTION by Deaton; SECOND by Sharp to deny Conditional Use Permit 01-9 for the
sale of beer and wine for on-site consumption during the hours of 9:00 a.m. to 8:00
p.m. at 15 First Street.
MOTION CARRIED: 4 - 0 - 1
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AYES:
NOES:
ABSENT:
Deaton, Hood, Shanks, and Sharp
None
Ladner
Mr. Boga advised that the PC direct Staff to return with a Resolution for denial of
Conditional Use Permit 01-9.
Chairperson Hood verified that adoption of this resolution would not require a public
hearing. Mr. Boga confirmed that this was correct, but noted that the public could
comment on the contents of the resolution, should they desire to do so.
STAFF CONCERNS
None.
COMMISSION CONCERNS
Commissioner Sharp requested a progress report on the Sunrise Assisted Living
Facility. Mr. Whittenberg reported that the grading and construction plans are in the
final stages of plan check. He stated that permits would probably be issued within
the next 2-3 weeks. Commissioner Sharp inquired about the Hellman Project. Mr.
Whittenberg stated that the Coastal Commission has issued the permit for mass
grading and the permit for precise grading, installation of roads, and construction of
the homes will be issued as a separate permit.
Commissioner Deaton requested that the issue of retaining walls be revisited and
asked Staff to schedule a study session. Mr. Whittenberg stated that Staff would
schedule a study session as soon as it is convenient. Commissioner Deaton stated
that she finds herself struggling through some of the information and requested a
copy of the General Plan. Mr. Whittenberg noted that she had been provided with a
copy this evening and that the City Clerk would provide other supporting documents
later this week.
Commissioner Shanks inquired about the floating balloon that was used to advertise
a car sale in the Seal Beach Shopping Center a few weekends past. He reported
that there was a fairly large, helium-filled balloon on display. Commissioner Sharp
interjected that he had not observed this. Mr. Cummins reported that ordinarily this
type of advertising medium is not allowed, but the City did issue a special event
permit for this car sale, which allowed them to have the car sale in the parking lot.
Commissioner Shanks asked if the large balloon was included in this permit. Mr.
Whittenberg reported that this was part of the special event permit for that weekend.
Commissioner Sharp requested that the Planning Commissioners be notified
whenever a special event permit is issued for a location within their respective
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districts. Mr. Whittenberg stated that this could be done. Chairperson Hood inquired
whether the council people were notified. Mr. Whittenberg stated that they do
receive a copy of the permit once it has been issued.
Chairperson Hood inquired about the westbound bike lane along Basswood on the
north side of Lampson Avenue. Mr. Whittenberg stated that he has not yet had time
to complete the research on this issue. Chairperson Hood stated that it appears that
the curb in front of the Old Ranch Town development has been moved. Mr.
Whittenberg reported that Staff has discussed this with the Engineering Department
and will be going back to look at the improvement plans. He said he would provide a
response as soon as more information is available.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:50 p.m.
Respectfully Submitted,
Carmen Alvarez:Executive S retary
Planning Department
APPROVAL
The Commission on August 21, 2002, approved the Minutes of the Planning
Commission Meeting of Wednesday, August 7, 2002. ~.
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