HomeMy WebLinkAboutPC Min 2005-02-09
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for February 9, 2005
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - Gary Roberts
District 5 - Phil Ladner
Department of Development Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Christy Teague, AICP, Senior 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 at (562) 431-2527.
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Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday afternoons, 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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Cay of Seal Beach Planning Commission. Agenda of February 9, 2005
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 MATTERS: 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.
AI/proceedinqs are recorded.
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City of Seal Beach Planning Commission
Agenda for February 9, 2005
7:30 p.m.
I.
PLEDGE OF ALLEGIANCE
II.
ROLL CALL
III. 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 be removed from the Consent Calendar for separate
action.
IV. ORAL COMMUNICATIONS
At this time, members of the public may address the Planning Commission
regarding any items within the subject matter jurisdiction of the Planning
Commission, provided that 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 January 19, 2005.
2. Minor Plan Review 05-1
122 Eleventh Street
Applicant/Owner:
Request:
Pacifica Landscape / Dave & Jennifer Sterud
To construct a fountain, wall, and arch to extend
above standard block wall height of 8 feet.
Recommendation:
Approval and adoption of Resolution 05-8.
VI. SCHEDULED MATTERS
3. Receipt of Public Comments and Commission Review of Initial
Study/Mitigated Negative Declaration 05-1 - Hellman Ranch Tank Farm
Replacement Program.
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City of Seal Beach Planning Commission. Agenda of February 9, 2005
VII. PUBLIC HEARINGS
3. Conditional Use Permit 00-11 (Revocation)
137 Main Street (Old Town Cafe)
Continued from January 19, 2005
Applicant/Owner: Angel Lopez/Robert O'Rear
Request: To revoke Conditional Use Permit 00-11, which
permitted the sale of beer and wine for on-premises
consumption at 137 Main Street (Old Town Cafe).
Recommendation: Continue to meeting of February 23,2005.
4. Conditional Use Permit 01-14 (Indefinite Extension)
12420 Seal Beach Blvd (Daphne's Greek Cafe)
Continued from January 19, 2005
Applicant/Owner:
Carl Garlick for George Katakalidis / Levine
Investments
Approval of Indefinite Extension of a previously
approved Conditional Use Permit 01-14 to continue
the sale of beer and wine for on-sale consumption
and for outdoor seating with approximately 12 seats.
Request:
Recommendation: Approval subject to conditions and adoption of
Resolution 05-4.
VIII. STUDY SESSION
5. Service Station Convenience Market Development Standards
6. Main Street Specific Plan Sign Standards
IX. STAFF CONCERNS
X. COMMISSION CONCERNS
XI. ADJOURNMENT
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City of Seal Beach Planning Commission · Agenda of February 9, 2005
2005 AQenda Forecast
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Feb 23
CUP 00-11 (Indefinite Extension) - Old Town Cafe
CUP 05-2 Old Ranch Tennis Club
Mar 9 CUP 02-5 (Revocation) - Togo's/Baskin Robbins
CUP 02-6 (Indefinite Extension) - Quizno's
V AR 05-2 - B2 Surfside
Mar 23
Apr6
Apr20
May4
May 18
Jun 8
Jun 22
. July6
July 20
Aug 3
Aug 17
Sep 7
Sep 21
Oct5
Oct 19
Nov9
Nov 23
Dee 7
Dee 21
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of February 9, 2005
Chairperson Ladner called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, February 9, 2005. The meeting was held in the
City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present:
Chairperson Ladner, Commissioners Roberts, Shanks, and Sharp.
Also
Present:
Department of Development Services
Lee Whittenberg, Director of Development Services
Christy Teague, AICP, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent:
Commissioner Deaton
Mr. Whittenberg noted that it would be appropriate at this time to make a motion
excusing Commissioner Deaton from tonight's meeting.
MOTION by Shanks; SECOND by Roberts to excuse Commissioner Deaton from
tonight's meeting.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Roberts, Shanks, and Sharp
None
Deaton
AGENDA APPROVAL
Commissioner Sharp stated that since Item No. 7 is of great importance to
Commissioner Deaton who is not present tonight, he wished to request that item be
continued to a meeting date when Commissioner Deaton could be present.
Commissioner Roberts was in agreement. Mr. Whittenberg indicated that the
Commission could make a motion for this when Item No.7, Main Street Specific Plan
Sign Standards, is announced.
1 These Minutes were transcribed from audiotape of the meeting.
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Mr. Whittenberg then requested that Item No.2, Minor Plan Review 05-1, be removed
from the Consent Calendar for discussion.
MOTION by Sharp; SECOND by Shanks to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Roberts, Shanks, and Sharp
None
Deaton
ORAL COMMUNICATIONS
Chairperson Ladner opened oral communications.
There being no one wishing to speak, Chairperson Ladner closed oral communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of January 19, 2005.
MOTION by Shanks; SECOND by Roberts to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Roberts, Shanks, and Sharp
None
Deaton
2. Minor Plan Review 05-1
122 Eleventh Street
Applicant/Owner:
Request:
Recommendation:
Staff Report
Pacifica Landscape / Dave & Jennifer Sterud
To construct a fountain, wall, and arch to extend above
standard block wall height of 8 feet.
Approval and adoption of Resolution 05-8.
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He noted that a memorandum has been provided to the
Commissioners explaining that after Mr. Abbe, the City Attorney, reviewed the Staff
Report, he had notified Staff that the wrought iron arch at the front pedestrian entrance
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City of Seal Beach Planning Commission
Meeting Minutes of February 9, 2005
to the property and the wrought iron arches along the side yard setback area could not
be considered through the Minor Plan Review (MPR) process. Mr. Whittenberg stated
that these items should be removed from the request, and Staff is recommending that
the Commission proceed with the MPR for the maximum height 8 ft. 6 in. wall along the
southerly side of the property. He noted that a revised resolution is attached to the
memorandum reflecting the above-noted changes. He indicated that Staff is
recommending approval of the revised resolution.
Ms. Teague provided some background information on this project and noted that the
fountain is located midway on the south side of the property and impacts the adjacent
neighbor only and not the surrounding neighborhood. She said that a MPR does allow
approval, subject to conditions, for architectural fountains of this type.
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Commissioner Questions
Commissioner Ladner requested clarification on the standard height for block walls and
the span of the fountain arch. Ms. Teague reported that the allowed height for block
walls is 6 feet. She noted that the span of the arch over the fountain was approximately
8 feet in width.
Commissioner Roberts asked if any comments for or against this project had been
received. Ms. Teague reported that she has spoken with 3 neighbors who were
concerned with the 10-foot front arbor and tree gate. She said that the neighbor
adjacent to the fountain was concerned about noise from the fountain, but was not
opposed to the project itself. Commissioner Roberts asked if the fountain is to be on a
timer or would run 24 hours a day. The applicant, John Sterud, responded that it is to
be controlled by a timer.
Public Comment
Ms. Keenan, 116 Eleventh Street, stated that she has spoken to several
neighbors and their main concern is with possible noise from the fountain. She said that
because the homes are very close together and the neighboring older homes are not
that well insulated, she is concerned that the rights of residents will be respected.
MOTION by Shanks; SECOND by Roberts to approve Minor Plan Review 05-1, subject
to conditions, and adopt Resolution 05-8 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Roberts, Shanks, and Sharp
None
Deaton
Mr. Abbe advised that the adoption of Resolution No. 05-8 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
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City of Seal Beach Planning Commission
Meeting Minutes of February 9, 2005
SCHEDULED MATTERS
3. Receipt of Public Comments and Commission Review of Initial Study/Mitigated
Negative Declaration 05-1 - Hellman Ranch Tank Farm Replacement Program.
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
stated that the Initial Study/Mitigated Negative Declaration (ISMND) previously provided
to the Commissioners evaluates the environmental impacts of a proposed relocation of
a tank farm facility located on the Hellman Ranch property. He noted that the tank farm
is approximately 60-70 years old with some slightly newer units. He described the
facility as being located inland at First Street and Pacific Coast Highway (PCH) and just
to the east of the Haynes Cooling Channel property. He indicated that the existing
facility comprises approximately 1.6 acres of land, and is located just to the north of an
100 acre area that has been deed restricted by the California Coastal Commission
(CCC) for a future wetlands restoration project. The Director of Development Services
then explained that the proposed relocation is to an area 2,000 feet east of the current
location, almost directly between Seal Beach Boulevard (SBB) and the San Gabriel
River, and will be about one-half acre in size, as opposed to the existing 1.6-acre
facility. He noted that the new facility will have a containment wall constructed around it
that is designed to contain all product stored in all of the structures, should there be a
total collapse of every storage tank within the facility. He continued by stating that the
facility will also have a concrete base for water quality purposes. He explained that the
environmental analysis is necessary to ensure that the project does not cause adverse
impacts to the environment. He indicated that the comment period on the draft ISMND
ends on Monday, February 14, 2005, at 5:00 p.m. He stated that ISMND has already
undergone review by the Environmental Quality Control Board (EQCB) and the
Archaeological Advisory Committee (AAC). He noted that Staff's evaluation indicates
that with the mitigation measures set forth in the report, the project will not have any
significant adverse impacts upon the environment, making the MND the appropriate
environmental document to approve for the project. He stated that City Council would
consider that action once the comment period closes and Staff prepares the Response
to Comments document, which is required under the California Environmental Quality
Act (CEQA). He reported that by law, the MND was to be distributed to the State of
California, to every jurisdiction that abuts the City of Seal Beach, and it was also
distributed to CalTrans, California Department of Fish & Game, and the CCC. He noted
that approximately 17-20 different state and county agencies are currently reviewing the
document, and a Notice of Availability was mailed to every property owner whose
property abuts the Hellman Property from SBB to PCH. He then explained that no
discretionary approvals are necessary for this project, as this use is permitted by right
under the provisions of the Hellman Ranch Specific Plan, which was approved in 1997.
He stated that there would be no future public hearing on this project, and the only
consideration that the City will have is whether or not the environmental document is
adequate under the CEQA Guidelines. Mr. Whittenberg continued by stating that once
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City of Seal Beach Planning Commission
Meeting Minutes of February 9, 2005
adequacy has been determined, Hellman Ranch Properties would be in a position to
submit the project to the CCC for their consideration. He noted that Mr. Dave Bartlett
and Mike Hannah, representatives for the Hallman Ranch, are present tonight to
respond to questions.
Commissioner Questions
Commissioner Shanks asked how much of the existing pipeline is to be removed. Mr.
Bartlett stated that essentially most of the piping is to be new. He said that where
existing piping is no longer to be used, it will be abandoned in place, and will be
remediated once the ultimate restoration plan is determined for the site. He said that
new poly type of underground piping is to be provided within the central portion of the
project. Commissioner Shanks asked if the existing above ground piping is to be
abandoned and left where it is. Mr. Bartlett stated that the piping will initially remain but
will eventually be removed. Commissioner Shanks noted that if the piping is to remain,
if would be nice if it could be buried and a map of their locations provided to the City, so
that when new development occurs these pipes could easily be identified. Mr. Bartlett
stated that this type of map is available and will be provided to Staff.
Commissioner Roberts asked if the tanks are to remain in place after they are
abandoned. Mr. Bartlett stated that the tanks would remain in place and would be
deconstructed over time. Commissioner Roberts asked if there were no concern over
degradation of the tanks while waiting to deconstruct them. Mr. Bartlett explained that
tearing down of the tanks would include all environmental clean up associated with this
task. Commissioner Roberts then asked any analysis of the original tank farm is
planned to determine whether there might be some type of failure that could create a
hazard. Mr. Hannah stated that when the new tanks are in place, the old tanks will be
thoroughly cleaned out and will remain until such time as they are deconstructed.
Commissioner Roberts asked if the tanks are to be sealed in such a way to prevent
emission of odors. Mr. Hannah stated that all tanks are required to be sealed and under
vapor recovery.
Commissioner Ladner inquired as to how many existing tanks are to be abandoned.
Mr. Hannah reported that the main tank farm currently has 12 tanks that will be
abandoned. Commissioner Ladner asked how many replacement tanks there would be.
Mr. Hannah stated that the tanks would be replaced with the same number of tanks:
four will be the same size, and the remainder will be testing tanks that will hold less
volume.
Commissioner Shanks asked whether the tanks would be emptied by tank truck rather
than through direct pumping. Mr. Hannah stated that for the time being the oil would
still be shipped by truck. He indicated that they are in the process of applying for a
permit to install a shipping line, and if this is approved by the time the tanks are to be
decommissioned, this method will be used and would eliminate the truck traffic on the
property.
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City of Seal Beach Planning Commission
Meeting Minutes of February 9, 2005
There being no additional comments, Chairperson Ladner closed the matter.
PUBLIC HEARINGS
4. Conditional Use Permit 00-11 (Revocation)
137 Main Street (Old Town Cafe)
Continued from January 19, 2005
Applicant/Owner:
Request:
Angel Lopez/Robert O'Rear
To revoke Conditional Use Permit 00-11, which permitted
the sale of beer and wine for on-premises consumption at
137 Main Street (Old Town Cafe).
Recommendation:
Continue to meeting of February 23, 2005.
Staff Report
Ms. Teague reported that Staff is recommending that this item be continued to the
meeting of February 23, 2005.
5. Conditional Use Permit 01-14 (Indefinite Extension)
12420 Seal Beach Blvd (Daphne's Greek Cafe)
Continued from January 19, 2005
Applicant/Owner:
Request:
Carl Garlick for George Katakalidis / Levine Investments
Approval of Indefinite Extension of a previously approved
Conditional Use Permit 01-14 to continue the sale of beer
and wine for on-sale consumption and for outdoor seating
with approximately 12 seats.
Recommendation:
Approval subject to conditions and adoption of Resolution
05-4.
Staff Report
Ms. Teague reported that Mr. Jimmy Barro, representative for the applicant, is present
tonight to respond to questions. She provided some background information on this
item and noted that when this item was previously reviewed by the Planning
Commission (PC) the applicant was not in conformance with the required conditions of
approval as follows:
1. Provide a minimum 5-foot pedestrian clearance between the exterior seating and
tables around each structural column.
2. Provide a 42-inch guardrail around the outdoor seating area.
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City of Seal Beach Planning Commission
Meeting Minutes of February 9, 2005
She stated that Staff has since revised two of the conditions of approval. The first
conditions states that a 4-foot pedestrian clearance would be acceptable, although this
will reduce the applicant's outdoor seating from 16 to 12 seats. The second condition
eliminates the requirement for the 42-inch guardrail, but would prohibit. alcohol service
to diners seated in the outdoor dining area, and signs prohibiting the consumption of
alcohol in this area are to be posted both inside and outside the restaurant.
She stated that Staff is recommending approval of the Indefinite Extension of
Conditional Use Permit 01-14, subject to conditions, and adoption of Resolution 05-4.
Public Hearinq
Commissioner Ladner opened the public hearing.
Mr. Jimmy Barro, manager for Daphne's Greek Cafe, stated that he was present to
respond to any question from the Commission.
Commissioner Roberts asked if Daphne's is prepared to accept the Conditions of
Approval as presented. Mr. Barro responded that the applicant fully understands the
conditions and does accept them as presented.
Commissioner Roberts asked if at the time the 5-foot clearance was imposed, was this
strictly an arbitrary number, and if so, is there a City ordinance that specifies what this
clearance should actually be. Mr. Whittenberg stated that only a minimum 3 foot 6 inch
pathway must be preserved to meet American Disabilities Act (ADA) standards.
Commissioner Sharp stated that he is concerned that the manager and food servers
clearly understand that the signs prohibiting alcohol service in the outdoor dining area
mean that no alcohol is to be sold, consumed anywhere outside the building, or be
placed on the tables in the outdoor dining area. He noted that in the past the PC has
stipulated that an attendant must be present at all times in the outdoor seating area.
Commissioner Shanks asked what the primary reason was for not putting up the
42-inch guardrail. Mr. Barro stated that it was for economic reasons. Commissioner
Shanks asked who would be responsible for this expense. Mr. Barro stated that
Daphne's would be responsible for the expense. Commissioner Shanks stated that this
guardrail has been made a requirement for all of the other eating establishment in the
City that have outdoor seating area to which they provide service of alcoholic
beverages. Mr. Barro stated that Daphne's does not serve alcohol of any kind in the
outdoor seating area, nor do customers consume alcohol in this area. He indicated that
notices are posted that beer and wine cannot be taken outside the restaurant.
There being no one else wishing to speak, Chairperson Ladner closed the public
hearing.
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City of Seal Beach Planning Commission
Meeting Minutes of February 9, 2005
Commissioner Comments
Commissioner Shanks stated that eliminating the need for the guardrail concerns him.
He commented that the outdoor area is usually where smokers will sit, and he considers
that they are more likely to want beer or wine than nonalcoholic drinkers. He said that
this is a situation that would be totally unpoliced making it almost impossible for the City
to enforce this. He noted that the PC has already established the principle of requiring
this guardrail, which creates a barrier that establishes a certain agreement, and he
believes that the guardrail should be required if the restaurant serves alcohol. He
stated that simply stating that you cannot have alcohol in the outdoor area creates a
situation that is very difficult to enforce. He emphasized that the guardrail should be
required.
Commissioner Ladner asked if the original intent of the guardrails at this location was to
protect customers from surrounding vehicle traffic. Mr. Whittenberg explained that
Alcohol & Beverage Control (ABC) requires that a separation wall be provided for
outside patios in establishments that provide alcohol service to diners in the outdoor
seating area. He stated that if there is no guardrail, alcohol cannot be served in the
outdoor area, and if observed serving alcohol in the outdoor area, ABC would impose
severe penalties, including loss of the liquor license itself. He noted that the City's
position has always been that if an outdoor dining area with alcohol service is approved,
not only is the wall separation required in accordance with ABC regulations, but a
restaurant employee is required to be present at all times to monitor that the alcohol
remains within the dining area and is not being passed over the separation wall. He
stated that in this case because no alcohol service is proposed in the outdoor area,
Staff has proposed that no separation wall would be required. He commented that the
location for Daphne's has a courtyard area where other surrounding restaurants have
outdoor seating areas on the patio, and they are allowed to have this seating because
they do not serve alcohol. He indicated that as long as Daphne's is not serving alcohol
in this area, there is no necessity for the wall, but this would be left to the discretion of
the PC. He noted that he has found similar situations at other Daphne's locations that
he has visited in other parts of Orange County.
Commissioner Roberts asked if this was intended to be a wall or a guardrail. Ms.
Teague clarified that it was to be a guardrail. Commissioner Roberts commented that it
appears the guardrail was not solving the concerns that the Commission had expressed
in the first place.
Commissioner Shanks noted that even though the guardrail is not a physical barrier, it
does establish certain limits. He said that the Commission knows that with only 12
seats out there, Daphne's would not be able to have a server monitoring the outdoor
seating area at all times.
Commissioner Roberts stated that as far as he is concerned, Daphne's already has two
strikes against them, because they neglected to comply with the conditions of approval.
He noted that he is willing to give them a chance, but they must carefully monitor this
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City of Seal Beach Planning Commission
Meeting Minutes of February 9, 2005
situation, as there are concerns about establishments responsibly handling the service
of alcohol.
Commissioner Sharp indicated that although the City must carefully monitor this
situation, he could not see how the PC could deny this request.
MOTION by Sharp; SECOND by Roberts to approve the Indefinite Extension of
Conditional Use Permit 01-14 and adopt Resolution 05-4 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-1-1
Ladner, Roberts, and Sharp
Shanks
Deaton
Mr. Abbe advised that the adoption of Resolution No. 05-4 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
STUDY SESSION
6. Service Station Convenience Market Development Standards
Staff Report
Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) She provided some background information on this item and
noted that at the meeting of December 8, 2004, a study session was conducted on this
issue, prompted by the application made by Mr. Sal Hassan for an interpretation of the
Zoning Code with regard to allowing convenience markets within automobile service
stations. She stated that at that time the Planning Commission (PC) had directed Staff
to develop revisions to the Zoning Ordinance defining "a convenience market," and to
add it as an allowable use subject to approval of a Conditional Use Permit (CUP). She
explained that if the revisions are approved, the convenience market use would be
listed as an allowable component of automobile service stations, and each existing
service station seeking to change its operation to include a convenience market would
require PC approval of a new CUP. She noted that parking requirements would have to
be met for both the service station and convenience store uses. She continued by
stating that if the PC were in agreement Zoning Code Section 28-2318 would be revised
to include this as an allowable use, and would be presented in a Zone Text Amendment
(ZT A) for approval by the PC and also by City Council. She then referred to the
proposed text regarding convenience markets as it appears on Page 2 of the Staff
Report and indicated that after reviewing the text, the City Attorney has expressed
concerns with including text prohibiting the sale of alcohol.
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Meeting Minutes of February 9, 2005
Mr. Abbe explained that in completing his research on this issue, he found that in 1987
the beer and wine companies had successfully lobbied the state legislature to approve a
statewide law prohibiting cities form outlawing the sale of alcohol at gas stations. He
noted that this law applies to charter cities as well. He explained that this does not limit
all of the City's control over this issue. The City can still require approval of a CUP for
service stations having convenience markets that sell alcohol, but the City cannot
outlaw it outright. He recommended that the text prohibiting alcohol sales not be
included in the revisions, as this would be unenforceable. He indicated that other cities
have imposed distance limitations for proximity of gas stations with convenience stores
selling alcohol, or have limited proximity to sensitive areas such as residences, schools,
or religious institutions.
Ms. Teague indicated that in every case, the sale of alcohol would still be subject to
CUP approval allowing the PC to impose conditions of approval. She then proceeded
to review the proposed definition for Convenience Market as it appears at the bottom of
Page 2 of the Staff Report.
Commissioner Roberts asked that the Senior Planner address food establishment
activities associated with convenience markets. Ms. Teague stated that in the C-2
Zone, which is where service stations are allowed, food uses are also allowed, and any
time there is a change in the operational characteristics of a service station this would
have to come before the PC for review. She noted that drive-thru uses would also
require discretionary approval.
Commissioner Ladner asked if there were a proximity limit for convenience stores being
next to general supermarkets. Ms. Teague reported that there is no limit, but if alcohol
sale were proposed with a convenience market, Staff would review these on a case-by-
case basis including the concentration of ABC licenses within that specific locale. She
noted that the two individuals who have approached the City with the request to add
convenience markets do not intend to include the sale of alcohol.
Commissioner Shanks asked whether there were any requirement that these service
stations provide male and female ADA accessible restrooms. Ms. Teague stated that
any time a new structure goes up, the Building Code does require ADA standards. She
indicated that with an existing remodel there are different thresholds that would prompt
this, but with a major remodel, as proposed by Mr. Sal Hassan, ADA requirements
would have to be met. Mr. Whittenberg interjected that the requirement for separate
restrooms is based upon occupant load within the building itself. He said that if you are
under a certain number of people allowed in the building, then it must still be ADA
accessible, but it could be a co-ed restroom. He indicated that this is a determination
made by the Building Department and the ADA Accessibility Standards. He noted that
as a condition of approval of a CUP, the PC could impose additional requirements, if
they had a sound basis for making this recommendation. Commissioner Shanks noted
that many times restrooms are located outside and require a key, as opposed to having
them accessible from inside the store. Mr. Whittenberg stated that generally for all new
construction, you would see inside access to restroom facilities.
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Commissioner Roberts stated that there are convenience markets at certain locations
throughout the city that are adjacent to residential areas. He asked whether the PC
could impose conditions restricting the sale of alcohol at a convenience market if they
are adjacent to a residential area. Mr. Abbe stated that how far the distance could be is
not set in stone, so the PC does have some leeway in determining this; however, they
could not specify something like a two-mile radius, for example.
Commissioner Shanks asked if arcade games are to be prohibited. Ms. Teague
indicated that other cities have prohibited arcade games, and it would be at the
discretion of the PC as to whether this should be included in the definition for
convenience markets. Commissioner Shanks stated that he is in favor of including this
prohibition in the definition. Mr. Whittenberg added that Staff should also include an
appropriate separation standard between residential, church, and school uses and a
service station with a convenience market that sells alcohol. Mr. Abbe noted that other
options are allowed, such as including a prohibition for the sale of alcohol when a
service station convenience market is in close proximity to another or close to another
establishment that already sells alcohol.
Commissioner Roberts stated that there is an advantage to looking at these applications
on a case-by-case basis rather than specifying a specific required distance or number of
existing establishments already selling alcohol. He suggested finding a way of stating
that the PC will address the issue of separation at the time of review of the CUP.
Commissioner Ladner agreed that doing this on a case-by-case basis would be best.
He noted that with Mr. Hassan proposing a convenience market at the Chevron station
at the corner of Seal Beach Boulevard and Westminster Avenue places it in close
proximity to the Seal Beach Market that already sells all types of alcohol and beverages.
Ms. Teague reiterated that the two proposals for convenience markets so far do not
include the sale of alcohol, but she emphasized that every time an application for a
convenience market is received it would have to go before the PC. She noted that the
existing Seal Beach Market would not have to come before the PC as a part of Mr.
Hassan's public hearing.
MOTION by Roberts; SECOND by Sharp to direct Staff to proceed with preparation of
the Zone Text Amendment to include the definition for convenience markets and the
requirement for approval under the Conditional Use Permit process. Staff is also to
provide language on separation standards to be determined on a case-by-case basis.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Roberts, Shanks, and Sharp
None
Deaton
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7. Main Street Specific Plan Sign Standards
Commissioner Shanks noted that the only thing to be determined with regard to Item
No. 7 were the standards for signs that are set back from the front property line. Mr.
Whittenberg indicated that there are several other issues to be determined and for
which the PC will be requested to provide further direction. He noted that Staff is
seeking direction on each of the major points listed in the Staff Report.
Commissioner Sharp interjected that this issue affects Commissioner Deaton's district
and he believes that she should be present to provide input.
Commissioner Roberts added that neon signs should be included in the discussion. Mr.
Whittenberg stated that discussion on neon signs has been included in the Staff Report.
He requested that the Commissioners be prepared at the next scheduled meeting to
provide their recommendations for regulations on the use and control of neon signs.
Commissioner Shanks asked if there were any way of providing an example of what
100 lumens of light looks like. Mr. Whittenberg stated that he has contacted a couple of
sign companies to see if a sample of this could be provided for display to the PC, but so
far he has not been able to have them agree to do this.
MOTION by Sharp; SECOND by Roberts to continue Item No.7 to the next scheduled
meeting of February 23, 2005.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Roberts, and Sharp
Shanks
Deaton
STAFF CONCERNS
None.
COMMISSION CONCERNS
None.
ADJOURNMENT
Chairperson Ladner adjourned the meeting at 8:45 p.m.
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Respectfully Submitted,
Carmen Alvarez, Executive Secreta
Planning Department
APPROVAL
City of Seal Beach Planning Commission
Meeting Minutes of February 9, 2005
The Commission on February 23, 2005, approved the Minutes of the Planning
Commission Meeting of Wednesday, February 9,2005. ~ .
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