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HomeMy WebLinkAboutPC Min 1986-03-19 / ':' ~. '.- ..". -- \ \ : . .-' -_.'......... 'il.'>. '1i.N' ....i-~:::\r -;~"I\.L BEACH'~t'ANNING.'coMMlssloN AGr.'-:~ . ':'j ~:j";:'..';'.' .'. . ~ . :. <:;:;' ." .'...' .. t;ity to~nC11':Cham~ers ;" .' ....: :-.. '. ... 21l."El'ghth Street.. .:1.:. ....... :."'I::'~ .... .'...'-' '.Sea" Beach~'.:'c~lif.(jrhia... ..,' . .' . :~ '..:. . . . . ..... : . . ......: ." . .'. ..~~.~:..~~j::.:j~~~if~~~~f'ff.~.s;~cm':~i~...~~;~~~~1~~...eve;y first and ~1;d' Ji~~~sday of ~~ch : '. .~~~J.~ :?::.3!:'1.:~:".~~~ .~~. u. '!'.1s~. ,-~o'. ..~~te.S/l.t-~~.~ -C011itiii.ssion on any part~cular public hea,r!ng '. ,:tteJll; <-tlie::~l'1'llla;rjiJl11 . ':''10 ~.,: test1mony first for those in favor of . the pro)ect, '. . 'liiJi:ji'see.dndi;~~:"~lllt. . l'l:f '.'f'avr;i~.:. ~Jihen- you .see that the speaker's Pas1tion 1n the '. : ce'nt;ei:.~.~{:~~~,i.~~.~~4.:..,~~. .~/~~; '-ip/.~e. microphon~ and when recognized by ~e. : _ ..'.,.: '. -_ . C~~~~'~l;~I' r~~"~!-ffC!.~'1.,,:'1.1Jt~ ~;~~o~~'1~;:b!.'.:-:f~rst stahng your name ~nd address c~_~rly" .' :.: ..:.:.., and..djst:i.ncf "t'o:t"..':t1;fi'trecori:flS~,.t.'Sf.t~v:go,u~:.bus~ness as clearly and succuwtly as poss~ble' . ..... ,.;;. ; ., . and' .ti$ii::~iI' .;:~.~12t-::~;;.iSeti"'- ":-dEr.'C~iS'ibners have any questions in regard to your' ,'. '.; \'.; . .~'. ~iifs".C;i;'~$tiOhi~i:/:ij""'" ,~?G'::;;O'.btiier questions or COlIIIIIents, return to your seat . . ~o! ~t:. th'.._~~y;::"'iieijfBon' 'fiiari<:a~~te~s :.~;~e.. C6miz!,i~~ion ~ . . ". .., .:. t~l'l".:":':')'i=:",':' ':,,';.'.:/;: '.,~.. .~~ . .~-'...,'t..~' :~ ~,\':.,'.:.I ~"" ..:'....\..... . . ~f:,.~~u ~~~:~~~,~~~~*~j,~~r.1ii<~n. *+;tt'irrother than public hearings, the agenda . _' 'prot/'jdes,..M. 'tJiil.t ;.'t~inj(w1i(;!n ,'thlt. Clia1rIlJ/l1l,'.aSks for COlIIIIIents from the public. Address' the . ." ..... .'C~'1ri#'~'ir'iiJ';~!'.''s&'~er;~':s.~;~W:;'~(P':'bli.c hear1ngs, alwalls stat1ag your name and . ';dir.s.~~~~~~i'::_ ~~."~:'" .. ...... :..:' .:: ':;.;........:.,; . '.:... . .;.;;-.; :'..;]~ J: . . ::'1':, ~,f ... : ., "Ilia'rch '19:,' 1986 Next Resolution #1416 .. ~ 't.. ~ . ~.. . .. . . 1 , . f!!~n'~2LA!i!l!!!nu ..' . .:. . 2 . : 'B'~!l~~~!.~~.': '.. . ":: :N:, ;; .:. .i~ioI~j~'~~;." s~c'~etarl -- - .~. ~----------- 4. .' '~2i!'!!nL~!!!!Q.!t!!!: . \ . . . . . \;' "\ . .~. f:" '. . 'A, Mi~~t~~..of' March 5. 1986, 0, . ., ri ", . I : \.: ~ . : 5. ~!!J!l,lLII!!![!nl!. ..~.:. , ::~ 'I ~..t :"r t~. ~~ .~ .: . . :. .'. .~. " " l' ': . . ~:~'.: ~ONINt TEXT AMENDMENT 1-86 I. . --'.....------------------------- A request .'to change the titles of zones currenti,y class i f 1 ed as R-l. R-2 and R-3 to RLD.' (Residential' Low Density), RMD .(~eside~~i~l Medium' Densityl, RHD (Residential High Density), .: '" .~.. 'Environmental Review: Negative Declaration 3-86 has been prepared in lieu of an Environmental Impact Report. Applicant: City of Seal Beach "'('<"["0'"" t" ,,.'-'1: ~':,: i'Z./ ~1... i:. :....~" 1:.. Io' ,~.)4 .~ 16. !~lIg~Y'I~_!AIIgR~. }. .~ .":, ,': A. A request. on procedures for p~~ces~jng alcohol requests within 'the' ~i ty, ".' . \. ," ~ .~ :. . ., .. ~Q!!i!!!Q!_RlgYg!I! QRA~_~Q!!YH!~AI!QH! ~Qi!!!!!QH_~Q!!YH!~AI!Q!~ A~lQYR!nHI :~ :\ ,,~P': 8', . :fl.l!,. ;.>;! 9. :~.;r.:~ ! ',' 10. ../ . . . '-' / ' ., . / "t PLANNING COMMISSION AGENDA MARCH 19. 1986 PAGE 2 . A. YARIANCE 1-86 (CONT.) Code Sections: 28-1402. 28-2311. 28-1403. 28-2500 Environmental Review: This project is categorically exempt from Environmental Review [California Govern- ment Code Section 15301(e)]. Applicant: Tom Schuveiller/Brian Kyle Owner: Same B. VARIANCE 3-86 (Watson) Resolu~ion #1414 350 Ocean Ave. A request to allow a structural addition to a legal non-conforming building to intrude into the required sideyard setback. Environmental Review: This project is categorically exempt from Environmental Review [California Government Code Section 15301(e)(I). Code Section: 28-401(6). 28-2500 Applicant: James R. Watson Owner: Same C. CONDITIONAL USE PERMIT 19-85 Resolution #1416 & 1417 TENTATIVE PARCEL MAP 85-1002 (85-322) 210 8th Street A request to convert an existing two-story duplex into two condominium units. . Environmental Review: This project is categorically ,exempt from Environmental Review [California Public Resources Code 15301. Class I(K)]. Code Sections: 28-700(3)(b). 28-2503 Applicant: Wesley & Mercedes Cleary Owner: Same D.' CONDITIONAL USE PERMIT 1-86 Resolution #1413 921 Pacific Coast Hwy. (Seal Beach Center) A request to permit a planned sign program for the Seal Beach Center. Code Sections: 28-1803. 28-2503 Environmental Review: This project is categorically exempt fron Environmental Review [California Government Code Section 15301]. Owner: Seal Beach Center Applicant: Same 6. SCHEDULED MATTERS 7. COMMISSION REQUESTS 8. ORAL COMMUNICATIONS 9. COMMISSION COMMUNICATIONS 10. ADJOURNMENT Agenda Forecast: April 16. 1986 -Variance 5-86. CUP 8-86 & 9-86 Corky's - 909 Ocean Ave. -Variance 4-86 - Marsh - 209 14th St. -Plan Review 6-86 Buckerfield/Allen - 1101 Seal Way -. - e PLANNING COMMISSION MEETING OF MARCH 19. 1986 The Seal Beach Planning Commission met in !~gYl!! session at 7:30 p.m. with Chairman Jessner calling the meeting to order. Commissioner Hunt led the Salute to the Flag. RQ!:.!:._g,A!:.!:. Present: Chairman Jessner Commissioners Covington, Hunt, Perrin, Ripperdan Absent: None Also Present: John M. Baucke. Director of Development Services RgfQR!_ERQM_~gg,Rg!ARY Mr. Baucke, Commission Secretary, items to report: indicated that there were two Variance Request 3-86 for Jim Watson. Mr. Baucke requested that this item be continued to the April 16th meeting at Mr. Watson's request. Mr. Ripperdan moved to April 16. 1986 Planning seconds. continue Variance Request 3-86 to the Commision meeting. Mr. Covington AYES: NOES: Covington, Hunt, Jessner, Perrin. Ripperdan None Motion Carried The second item was Resolution #1411. this item be placed on the agenda as Matters. Mr. Baucke requested that item B under Scheduled Mr. Ripperdan moved to place Resolution Number 1411 on the agenda. Mr. Covington seconds. AYES: NOES: Covington, Hunt, None Jessner, Perrin. Ripperdan Motion Carried g,QN~gN!_g,A!:.gNRAR There was one item on the Consent Calendar: 1986 Meeting. Chairman Jessner asked corrections. Minutes of March 5. for any additions or e Planning Commission Meeting of March 19. 1986 Page 2 ~r. Hunt pointed out that on page 3. paragraph 4. second line of first sentence. that the word "variance" should be "various". Chairman Jessner requested that the following words be inserted on page 8. last sentence of the first paragraph after "Chairman Jessner": "with Commission concurrance directed staff to take this suggestion into consideration for the Study Session.". Mr. Covington moved that the minutes be approved with the changes indicated. Mr. Hunt seconds. AYES: NOES: Covington. Hunt. Jessner, Perrin, Ripperdan None Motion Carried e ~Y~~!Q_HgAR!N~_=_!QN!N~_I~~I_A!~NQM~NI_l=~~ This matter concerns a request from staff to change the title of zones currently classified as R-1. R-2 and R-3 to RLD (Residential Low Density), RMD (Residential Medium DenSity) and RHD (Residential High Density). Mr. Baucke stated that this request was being made because of confusion as to what the present designations mean. In one instance. a serious situation developed when an out-of-town realtor misinterpreted the designations and this resulted in a lawsuit. He stated the only change would be in the abbreviations not in their meaning. Chairman Jessner declared the public hearing open. As no members of the audience spoke in reference to this item. Chairman Jessner closed the public hearing. A discussion followed concerning what designations other cities use. Mr. Baucke pointed out that often persons assume they know what R-1. R-2, and R-3 mean which adds to the confusion. He suggested that by renaming the classifications. people would be more likely to call the City in order to have the deSignations explained and this would cut down on confusion. Mr. Covington questioned whether a term such as "Residential Medium Density" wasn't just as confusing as R-2. Chairman Jessner asked if it would be possible to add the minimum number of square feet required after each deSignation. Mr. Baucke stated there are different standards within the same deSignation and that there is no square foot limitation in R-1. for example. just one unit per legal lot. e Mr. Ripperdan pointed out that there are lots zoned R-2 and R-3 with Single families on them. He questioned whether or not the General Plan should be changed. Mr. Hunt stated that R-l. R-2 and R-3 have been traditionally used and that people don't expect them to mean exactly what they say. He believed we should stick to the terms that at least some of the people understand. Mr. Ripperdan said that if the new designations were used that people . e e Planning Commission Meeting of March 19. 1986 Page 3 would call and inquire. Mr. Covington questioned whether it was appropriate to do this before the General Plan Review presentation and whether or not it should be a part of the General Plan study material. Mr. Baucke stated that it was staff's opinion that approval now would have no affect on the General Plan and actually makes the zoning designations consistent with land use designations of the General Plan. Mr. Hunt asked which system would be more economical for the City. Mr. Baucke stated that he believed the City would, in the long term, receive fewer phone calls if the designations were changed as recommended. Mr. Covington moved that Negative Declaration 3-86 be approved as presented. Mr. Hunt seconds. AYES: NOES: Covington. Hunt, Jessner, Perrin, Ripperdan None Motion Carried Mr. Covington moved that Zoning Text Amendment 1-86 be approved by the adoption of Resolution #1415, A RESOLUTION OF THE CITY OF SEAL BEACH PLANNING COMMISSION APPROVING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF ZONING TEXT AMENDMENT 1-86. A REQUEST TO CHANGE THE RESIDENTIAL LAND USE DESIGNATIONS WITHIN THE CITY. Mr. Hunt seconds. AYES: NOES: Covington, Hunt, Jessner, Perrin, Ripperdan None Motion Carried ~QH~Q~~~Q_MAII~R~ The first scheduled matter was a report on procedures for processing alcohol requests within the City. Mr. Baucke stated that the City Council had adopted a 45 day moratorium in February on the issuance of any new Conditional Use Permit for sale of alcohol in the City. A few applications have been placed on hold pending recommendation from the Planning Commission to the Council regarding whether our process is sufficient. The City of Seal Beach presently does it on a case-by-case basis. The application must provide detailed information such as hours of operation, method of service, menu, distance from schools. churches, and residential property. All alcohol uses within 100 feet of a residential area require a Conditional Use Permit but off-sale uses, such as liquor stores, are required to be 100 feet outside of residential property, churches and schools and are not required to come before the Planning Commission. - Planning Commission Meeting of March 19, 1986 Page 4 Mr. Baucke stated that he had checked with other cities regarding how they handled alcohol permit requests. There are two approaches: 1) to handle these requests as a strictly administrative matter, and 2) a Conditional Use Permit (CUP) requirement which is what the City of Seal Beach presently has. Staff also discussed the matter with the Alcoholic Beverage Control Board (ABC) and with the City Attorney. There is a question of pre-emption by the State of California in two areas: limitations on the hours of sale of alcohol and limitations on the number of licenses in a specific area. The CUP procedure has been upheld in the courts. Mr. Baucke then explained how the ABC determines how many alcohol licenses should be granted in a particular area. The ABC takes the approach that each applicant has to justify that it is addressing a separate need or market. Chairman Jessner opened the meeting to public comment. e M11!!_MQ~lQn, 153 13th Street, distributed materials to the Commissioners: police reports on crime in Seal Beach, a map and the formula used by the ABC to determine the number of alcohol licenses issued in an area without a special review. She pointed out that presently there are 25 on-sale permits in Old Town while the recommendation is for only 9 on-sale permits. Mr. Ripperdan asked why so many more permits were issued than the recommendation. Mr. Baucke explained that when there are more than the recommended automatic number the applicant just goes thru a different review system. Ms. Morton stated that the ABC goes along with the City if it uses the CUP process and the City is in favor of the license. The ABC can't do anything about it as long as the City grants CUP's. The City must set rules and guidelines. She also pointed out that the Marketing Task Force does not recommend more liquor establishments in their reports but did recommend more eating establishments. Mr. Covington commended Ms. Morton for gathering the information she presented. Ms. Morton also stated that the Chief of Police would be happy to attend a Planning Commission meeting and discuss the matter. The ABC is also willing to attend a meeting on this subject. e RQQ~~!_~QQ!. 441 Central Avenue, stated he believed all liquor licenses should be restricted to commercial zones. He was concerned about issuing additional licenses and the potential of liquor license establishments moving into residential zones. He was also concerned that someone could make a daily request for a e Planning Commission Meeting of March 19. 1986 Page 5 one-day permit in a residential zone. Mr. Perrin asked whether on-sale permits were allowed in residential areas. Mr. Baucke stated they wer~ not. A discussion followed concerning the fact that the City had no input into the granting of one-day permits. Mr. Covington questioned whether the City would have the right to have applicants for one-day permits apply to the City as well as to the ABC. Mr. Perrin pointed out that asking applicants for one-day permits to go through the Cup would be unfair to service organizations such as the Lions Club. Mr. Covington suggested that there may have to be a separate category for service clubs. Mr. Hunt stated that the City may not be legally entitle to ask one-day permit applicants to go through the CUP process. He suggested a legal opinion be sought from the City Attorney before further discussion. e ~Q~m~_~1~Qm~I~r, 209 Seal Beach Boulevard, expressed her concern that the large number of establishments with alcohol licenses was contributing to problems at community events such as the Christmas parade. ~~gQ~_~1~~~, 204 Ocean, stated that presently there are no guidelines. He suggested that the moratorium remain in effect indefinitely until the number of permits comes within the guidelines of the ABC. Mr. Stark also spoke with the ABC. He was told it was up to the City to determine how many licenses they are going to approve. He stated the City was not following ABC guidelines. He also suggested that the City go on record with the ABC as opposing the one-day licenses without the City's approval. ~h~~1~~_An1Q~, 316 10th Street, presented some figures on liquor licenses: he estimated that there is one liquor license for each 519 people in Seal Beach and one liquor license for each 171 people in the downtown area. He was also concerned about the issue of parking especially in the area of Main Street and the reduction in the number of police. He suggested the Commission hold more public hearings to develop criteria. Mi1~1_MQ~lQn stated that there is a formula for what constitutes a restaurant, e.g. 50% food sales, 50% liquor sales. She questioned whether during the CUP process any accounting is requested to see if an establishment's liquor sales are greater than their food sales. She recommended that this be done. . ~h~l~lQ~h~~_M~~~. 109 1/2 Seal Way, expressed his concern about persons with open containers drinking on the streets and in alleys on St. Patrick's Day. He also expressed his concern about the length of time it takes to have burned out streets light replaced. stating that the average length of time is two to three weeks. He urged that the liquor license moratorium be continued. Mr. Mara stated his objections to the re-application of Senor Corky's for a liquor license. He complained about dirt. noise and parking problems in connection with this business. e Planning Commission Meeting of March 19. 1986 Page 6 gQ!~~_Qi!!. 909 Ocean Avenue. owner of Senor Corky's stated that he was going through the process of re-opening his business. He said he had received no complaints from neighbors concerning Mr. Mara's complaints. He also stated the Seal Beach police have no record of problems at his establishment and that he had no problems with his liquor license, selling liquor to minors, open containters, etc. Mr. Covington made a motion that the Commission request the City Council continue the present moratorium due to Planning Commission discovery of many related issues: l' One-day permits with no input presently being made to the City 2) Liquor sales occurring in residential areas 3) Impact on immediate neighbors from isssuance of such additional licenses 4) Responsibilities of both Council and Commission for public health. safety and welfare 5) Necessary legal findings for the denial of a CUP application 6' Administrative review process in the event that appears to be warranted e and that they authorize taking advantage of a moratorium to authorize the Planning Commission and develop appropriate material and hold public hearings sessions regarding this issue. continued staff to and study Chairm~n Jessner asked if there was any other public input at this time. There was none. Mr. Ripperdan seconded Mr. Covinton's motion. Mr. Hunt stated that he did not believe that the moratorium should be continued. He stated that several applications are pending. Any licenses that would be really offensive should be required to appear before this body. The persons who are waiting are being hurt. Mr. Covinton stated that off-sale licenses outside of 100 feet of a church. school or residences do not require a CUP. Mr. Hunt pointed out there are no applications for off-sale licenses at this time. Mr. Covington stated that persons being hurt by the moratorium must put their private profit interests after the public good. Mr. Ripperdan asked whether there was anything in state law about the length of moratoriums. Mr. Baucke stated that with public notice the moratorium could be extended for an additional 10 months. Mr. Covington stated that guidelines needed to be established before more licenses were issued. . Mr. Covington made an addition to his motion that the Staff should pass on to the mayor a request that an official from the ABC be invited for a study session that hopefully this body would e Planning Commission Meeting of March 19. 1986 Page 7 be authorized to conduct and that the police chief also be invited to such a study session. Cnairman Jessner asked whether the one-day licenses come under the moratorium. Mr. Baucke stated they did not. Off-sale licenses outside of 100 feet could also be granted despite the moratorium. Chairman Jessner asked whether the City had officially written the ABC to request that the ABC not grant any of these licenses during the morat~ium. Mr. Baucke stated that it used to be that the ABC would grant permits as long as the City didn't object. That has changed. They will not grant licenses now without something signed by the City saying that the applicant has met our requirements. e Chairman Jessner stated that something was needed in the motion that if the Council does impose a moratorium they do whatever is in their power to request ABC not to issue any liquor licenses, one-day permits, off-sale, etc. until we establish guidelines. Mr. Covington pointed out that it could be 90 to 120 days before the Council decides on guidelines. There would not be a major impact on the City if the one-day permits were granted. It would hurt the service clubs if they could not have their events during that time. Chairman Jessner suggested that this should be an item of discussion for the Council. There may be ways to review each one that comes up. Mr. Covington suggested that the City Attorney look at what has been discussed at this meeting. Mr. Covington modified his motion to include making the Council aware that the present moratorium does not prevent the issuance of one-day permits or off-sale licenses outside of 100 feet of schools, churches, rewsidential areas. Mr. Ripperdan seconds. AYES: NOES: Covington, Hunt, Jessner, Ripperdan None Motion Approved ~~n~Q~~~Q_MAII~R_=_R~~Q~~IIQN_!!!! Resolution No. 1411 concerns application for Conditional Use Permit 3-86 for re-establishment of a walk-on/take-out restaurant at the Shore Shop complex. Staff recommends adopting the findings with the conditions noted in the resolution. Mr. Covington made a motion to approve Resolution 1411 embodying all points made at the previous meeting of February 19. 1986. Mr. Hunt seconds. e AYES: NOES: ABSTENTIONS: Covington, Hunt, Jessner None Perrin. Ripperdan e e e Planning Commission Meeting of March 19, 1986 Page 8 ~QMM!~~!QN_R~2~~~I~ There were no Commission Requests. QR~&_~QMMY~l~~IIQ~~ MiS~i_MQ~SQn requested that Mr. Baucke look into what the City of Long Beach is doing about alcohol licenses. lQ~_Ri~~!, 1215 Seal Way, commented concerning the height restrictions discussed at the March 5th meeting. He stated that he was very concerned about divergent heights and that a study should be done as soon as possible. aQlQR~M~~I It was the consensus of the to adjourn the regularly Commission at 10:15 p.m. Commission and so directed by Chair scheduled meeting of the Planning ------------------------------ Recording Secretary