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HomeMy WebLinkAboutPC Min 1986-05-14 SEA ~EACH PLANNING COMMISSION AG[ND City Council Chambers 211 Eighth Street Seal Beach, California / . The Seal Beach Planning C011I11Iission meets in session every first and third Wednesday of each month at 7:30 p.m. If you wish to address the Commission on any particular public hearing item, the Chairman will call for public testimony first for those in favor of the project, and second, for those ",ho are not in favor. When you see that the speaker's posi tion in the center of the room is unoccupied, step up to the m1crophone and ",hen recognized by the Chairman, speak directly into the m1crophone by first stating your name and address clearly and distinctly for the records. State your business as clearly and succinctly as possible and then ",ait a moment to see if the Commissioners have any questions in regard to your comments or questions. If there are no other questions or comments, return to your seat so that the next person may address the Comm1ssion. If you ",ish to address the Commission on matters other than public hearings, the agenda provides for that time ",hen the Chairman asks for comments from the public. Address the Commission in the same manner as stated for public hearings, al",ays stating your name and address first. MAY 14. 1986 Xext Resolution #1422 IContinued from May 7. 19861 1. ~!!~g!_~f_A!!!g!~~Q! 2 . Bg!L~~!! 3. B!~~~!_f~~m_~!Q~!!~~~ 4. ~Q~!!~!_~!!!~~~~ A. E!!ll_R~Y!!~_l~~~~ (Rockwell) 2600 Kestminster A request for approval of the use of four temporary cargo containers. . 5. ~!!H!LH!~~!!!g! none 6. ~~H~Q~~~R_MAII~R~ A. Study Session on alcohol prOVisions 7. ~QMM!~~!Q~_R~g~~~I~ 8. QBA~_~QMM~~!~AI!Q~~ 9. ~QMM!~~!Q~_~QMM~~!~AI!Q~~ 10. ARlQYB~M~H Agenda Forecast: M!L~L_H.~~ Variance 7-86 Cox - 211 15th St. Plan Revie~ 14-86 E. K. Huotari - 225 10th St. Seal Beach BId. Master Improvement Plan lJ!!lLL_U.~~ Conditional rse Permit 12-86 Wackerman - 1729 Bayou Way Variance 8-86 West - 1201 Electric Ave. . '. . PLANNING COMMISSION MEETING MAY 14, 1986 The Planning Commission met in regular adjourned session at 7:30 p.m. with Chairman Jessner calling the meeting to order. Commissioner Ripperdan led the Salute to the Flag. ROLL CALL Present: Chairman Jessner Commission Members Covington, Hunt, Ripperdan Absent: Commission Member Perrin Also present: Mr. Baucke, Director of Development Services Mr. Stepanicich, City Attorney Mrs. Yeo, City Clerk ( REPORT FROM SECRETARY The Director stated there were no items to report at this time. . CONSENT CALENDAR - ITEM "A" PLAN REVIEW 16-86 - ROCKWELL Chairman Jessner stated he would remove himself from consideration of this item as he is an employee of Rockwell International. The Director presented the staff report, indicating that Rockwell has requested the use of up to twenty temporary cargo storage containers pending the completion of their 21,600 square foot permanent Plant Services storage building anticipated to be completed by January, 1987. The Director stated the request is in compliance with the adopted Zoning Text Amendment 11-85 regulating such structures, and reported the staff would recommend approval of Plan Review 16-86 with the five conditions set forth in the staff report. Mr. Robert Taylor, Supervisor of Facilities for Rockwell, Seal Beach, responded to questions posed by the Commission. The Director clarified that the Rockwell project is not a subject of Commission consideration, the project being in compliance with City Code and requiring only staff approval prior to submittal to the Coastal Commission, the item under consideration being the requested temporary structures pending completion of Rockwell's permanent facilities. -. Hunt moved, second by Ripperdan, to approve the recommended action for Plan Review 16-86 with the conditions as proposed by staff. Page Two - Planning Commission Minutes - May. '14, 1986 . AYES: NOES: ABSTAIN: ABSENT: Covington, Hunt, Ripperdan None Jessner Perrin Motion carried SCHEDULED MATTERS STUDY SESSION - ALCOHOL PROVISIONS with regard to the existing provisions for alcohol within the City Code and the moratorium placed on new alcohol permits within the City, the Director reported that all of the background information and previous testimony had been provided the Commission for their information and discussion, requesting that the Commission give direction to staff as to what changes, if any, should be drafted into a Zoning Text Amendment relat~ng to this matter. . Discussion commenced with regard to one-day alcoholic beverage permits. The City Clerk described the procedure for processing special activity permits which occasionally includes a one-day alcohol permit. The City Attorney explained that when a special activity request includes the sale of alcoholic beverages, the ABC handles the issuance of the one-day permit which is within their statutory authority, and that there is no requirement that the ABC refer that permit to the local agency, although the Los Angeles and Orange County agencies, as a local pOlicy, contact the local Police Department to determine if there is any problem with its issuance. Noting the lack of time for public notification and participation in the review of one-day permits, Commissioner Covington asked if a posting procedure could be established for public awareness. It was again noted that the Police Department is contacted with regard to each one-day permit request, also that a one-day permit would not necessarily fall under a special activity request. Chairman Jessner invited public comment with regard to this discussion. Mr. Charles Antos, 316 - lOth Street, suggested that present policy be revised to require new businesses to operate for a period of at least one year prior to applying for an alcoholic beverage permit, and any approval designated for a specific period of time with subsequent review, thus allowing adequate time to monitor the business and its operation for compliance with any conditions imposed. Mr. Antos expressed his feeling that no intensification of use should be allowed without complying with parking requirements. He also stated his objection . Page Three - Planning Commission Minutes - May 14, 1986 . . to alcoholic beverage consumption at community activities, and referred to the inability of the ABC and Police Department to cite violations unless they are observed by those agencies. Commission members noted the reference to the Christmas parade, advising that the parade was not relevant to the subject of discussion. Mr. Bruce Stark, 204 Ocean, suggested that a limit be placed on the number of liquor licenses that are to be allowed, specifically in the Old Town area, questioning the benefit to the City of more restaurants and/or drinking establishments, and cited the proximity of those establishments to residential properties. Mr. Stark referred to complaints observed and reported with regard to violations in the vicinity of local establishments, such as loitering, sales to minors, litter, noise, etc., stating those complaints have not been taken into consideration. The Commission advised that it had been suggested that complaints be filed in writing with the ABC, Health Department, or City staff. In response to the Commission, Mr. Stark responded that he did not have a problem with markets dispensing liquor, nor did he have a complaint with most of the existing restaurants, only specific establishments in the area of Main Street, reporting several violation problems in recent weeks at Main Street bars, and stated his concern with the type of tourist that is being attracted tO,the community. The Director reported the bars located in the downtown area, as well as the liquor stores and several restaurants within the City, do not operate under a Conditional Use Permit as they were established prior to adoption of those approval procedures, and that those licenses fall under ABC jurisdiction. He also noted that recent establishments within one hundred feet of a residential zone have been required to come before the Commission for a CUP. With regard to a question posed regarding the Nuisance Ordinance, the City Attorney advised that that Ordinance is directed to the deterioration of property and substandard buildings, and that substantial documentation of a serious, on-going problem would be necessary for the City to close down a business. He explained that businesses that were established prior to CUP requirements are non-conforming uses that could continue indefinitely, however it would be possible to implement a grandfather clause for those non-conforming uses and require those businesses to ultimately obtain a CUP provided however that a reasonable amortization period is established. Mr. Stark again stated his desire to limit liquor permits to what now exists. Mr. Antos referred to complaints he had passed on to the ABC, which he stated there is no record of, and suggested a formal complaint procedure be established. . Page Four - Planning Commission Minutes - May 14, 1986 . . Discussion continued regarding the current procedure for compiling complaint data by the Police Department. Mr. LeRoy Brown, 705 Ocean Avenue, referred to communications from the Police Department relating to crime statistics which he felt were contradictory. Mr. Brown suggested that current regulations be changed to require the issuance of all liquor licenses through a CUP process, and that on-sale establishments be regulated by specific census tract, by population, and hours of operation, which would alleviate the problem of a restaurant becoming a bar after a specific hour. Norma Stromeyer, Seal Beach Boulevard, spoke regarding complaints of alcohol violations during the Christmas parade, and at various downtown establishments, stating she did not feel the Commission was taking those complaints into consideration. Michelle Brendel, 204 Ocean, complained that testimony regarding violations involvlng several establishments in the downtown area have not been taken into consideration, also that there is a lack of enforcement of those violations. The City Attorney advised that with respect to enforcement of State regulations regarding the sale of alcohol, the ABC does site upon observation of the violation taking place. With regard to testimony or evidence at a public hearing when taking action to revoke or deny a CUP for a liquor establishment, he advised that such action would necessitate substantial evidence, however that evidence could be in the form of sworn testimony of citizens who have observed problems at the specific establishment. He noted that historically in Seal Beach sworn testimony has been optional. In response to the Commission, the City Attorney confirmed that before the Police Department can site for a perceived violation, they must be present and witness an offense, and also advised that the Health Department would have the jurisdiction over open windows and lack of screens, as had been reported at Hennessey's. Discussion continued. Ms. Brendel requested to submit sworn testimony regarding her observations at Hennessey's; Chairman Jessner advised that such testimony would be appropriate under Oral Communications. With regard to procedures for handling complaints, the Director reported written and phone complaints are investigated, first and second notices are transmitted in an attempt to bring a situation into compliance, and if noncompliance continues, the next action, with regard to CUP violations would be a revocation process, stating that violation of other Municipal Code statutes are transmitted to the City Attorney for prosecution. He reported that the window screen complaints at Hennessey's have been referred to the Health Department. Chairman Jessner declared the public discussion closed. . Page Five - Planning Commission Minutes - May 14, 1986 . . The Commission agreed to submit their individual recommendations relating to revision of existing alcohol provisions, concluding with a consensus opinion on each. Commissioner Ripperdan recommended that 1) a Conditional Use Permit be required for all on-sale and off-sale liquor licenses, including beer and wine; 2) that the Conditional Use Permit application fee be raised and made nonrefundable; 3) that liquor sales be allowed only in C-l and C-2 zones; 4) one-day permits should be submitted to and approved by the City Clerk; 5) that notice of one-day permits be posted by the Police Department two weeks prior to the event; 6) that a liquor license should be denied if a ratio of on or off sale in a given reporting district or census district exceeds the ratio of the County; 7) that a license should be denied if the crime rate of a given reporting district or census tract exceeds the ratio of the County; 8) that the Planning Commission could require special security when it is deemed warranted in an establishment; and 9) that a grandfather clause be enacted for existing liquor establishments, with a Conditional Use Permit required within two years. Mr. Ripperdan stated he had not addressed the issue of distance from a residential zone, noting that many liquor licenses exist on Main Street within one hundred feet of residential properties, and given the variables that could be considered in calculating the actual alcoholic beverage consumption area from a residence. Staff clarified that the distance is measured from the property line. With regard to establishing an amortization period for existing liquor establishments that would be required to be approved under the CUP process, the City Attorney advised that specific standards would need to be established, taking into consideration a reasonable period of time for that property owner to recover their investment, which would then preclude any claim that property rights were being taken away should that business be denied under the CUP process. He noted that certain rights would also be associated with a business that had been approved under a prior CUP with different regulations than currently exist. The Commission indicated their intent would be to require that all liquor establishments be approved through the CUP process and operate under the same regulations. Commissioner Hunt stated that if an alcohol license problem does in fact exist, regulations should possibly be specific to a designated geographic area. with regard to license ratios, the City Attorney explained that there is an ABC standard on a County basis of one license per two thousand persons, stating he would have concern with any attempt to place a limit on the number of permits which could be . Page Six - Planning Commission Minutes - l,1ay 14, 1986 . issued, citing possible anti-trust implications, suggesting however that the City does have the power to restrict such uses to a specific zoning designation, as well as a distance requirement between residential and liquor establishments. . Commissioner Covington asked that one-day permits also be limited to commercially zoned land. The City Attorney advised that restriction of alcohol to specifically zoned land may want to be expanded to include properties under a Specific Plan designation in view of the potential hotel developments. With respect to one-day permits, he advised that since they are under the jurisdiction of the ABC as prescribed by State law, it may not be possible to restrict their issuance to commercial zones, however suggested that the Commission could recommend that a public posting procedure be established for special activity permits, or the Commission could adopt a policy and request that the issuance of one- day permits in residential zones be prohibited. He noted that it would be within the discretion of the ABC whether or not to honor such policy, also that a determination by the ABC to issue a one-day permit would prevail over any City disapproval. Commissioner Ripperdan stated he did not feel such restriction should be placed in residential zones. Commissioner Covington suggested consideration of 1) a requirement for more parking spaces for establishments that serve or sell liquor, and 2) an equitable way to establish a proper distance of such establishments from residential properties, other than property line to property line, while keeping in mind the interest of those businesses that presently exist. Chairman Jessner suggested a discussion relating to enforcement problems, and transmittal of complaints to the Commission upon reaching an established number. Discussion continued regarding the procedure that would be followed leading to a Zoning Text Amendment on this subject, staff explaining that finalized wording of the Commission's action will be prepared for further consideration at the May 21st meeting. Commissioner Hunt recommended that the moratorium on liquor licenses be lifted at the earliest possible time. The Commission agreed to consider and take separate action on each of the recommendations, and requested that the staff comment on any or all recommendations. Number One: Require a Conditional Use Permit for all on- sale and off-sale alcohol licenses, including beer and wine. Staff supported this recommendation, however suggested that no condition be placed on location or distance, and that one-day permits not be included. . Page Seven - Planning Commission Minutes - May 14, 1986 . AYES: NOES: ABSENT: Covington, Hunt, Jessner, Ripperdan None Perrin Recommendation approved Number Two: Raise the Conditional Use Permit application fee, and that it be nonrefundable. Staff noted that pursuant to law, the fee can not exceed the cost of processing, however the current administrative cost is much greater than the fee imposed, that the staff could document the actual costs and make a recommendation for an appropriate fee, also recommended that the fee be uniform with no distinction between the categories of beer, beer and wine, and distilled spirits. With regard to construction CUP's, the Director noted that many agencies make a distinction between the various types of construction applications, suggesting that the Commission may wish to recommend that the Council adjust the fee structure to more realistically match the actual cost of processing. The Commission recommended that the fee for processing a liquor CUP be reflective of the actual cost of processing. . AYES: NOES: ABSENT: Covington, Hunt, Jessner, Ripperdan None Perrin Recommendation approved Number Three: That liquor sales be limited to particular zones, specifically C-I, C-2, SPR, and PLU zones. AYES: NOES: ABSENT: Covington, Jessner, Ripperdan Hunt Perrin Recommendation approved Staff explained that current Code requires alcohol. establishments to be located in a C-I or C-2 zone, and presently a CUP could not be granted on SPR or PLU lands, however such use may be determined to be desirable in the future. It was the unanimous consensus of the Commission to reconsider the vote on Recommendation Three. AYES: NOES: ABSENT: Covington, Hunt, Jessner, Ripperdan None Perrin Recommendation approved Numbers Four and Five: That one-day permits requested in conjunction with a special activity request should be publicly posted by the City Clerk or the Police Department. . Page Eight - Planning Commission Minutes - May 14, 1986 . The City Attorney again stated that if there is concern with one-day permits in residential areas, the City could recommend a policy to the ABC that such permits not be issued in residential zones, although noted that the ABC may not honor such policy, and also that there is no requirement on the part of the ABC that the City be notified upon issuance of a one-day permit. A suggestion of the Commission was that upon Police Department contact by the ABC that pertinent information relating to the special event be posted for public information, also that it be forwarded to the Planning Department and City Clerk. The Clerk clarified that at the present time the Planning Department is not involved in activity request review, however the City Manager is the ultimate approval authority. The Commission suggested that the feasibility of such notification should be considered. AYES: NOES: ABSENT: Covington, Jessner, Ripperdan Hunt Perrin Recommendation approved . Numbers Six and Seven: Deny a license request if the ratio of on and off-sale in a given reporting district or census tract exceeds the County ratio as a whole, and the same as it applies to crime rates. Noting that the City Attorney had advised against a restriction based upon ratios, the Director suggested that if such restriction is ever considered, that it be done on the basis of similar geographic locations, beach communities, similarity of numbers, etc. AYES: NOES: ABSENT: None Covington, Hunt, Jessner, Ripperdan Perrin Recommendation failed Number Eight: Require special security when warranted for any given establishment. The Director advised that a number of other cities impose a condition for special security procedures when deemed appropriate. The City Attorney advised that the Planning Commission presently has the authority to impose special security conditions as part of the CUP approval process on a case by case basis. AYES: NOES: ABSENT: Covington, Hunt, Jessner, Ripperdan None Perrin Recommendation approved Number Nine: Amortization clause for existing liquor establishments, requiring approval under the Conditional . . Page Nine - Planning Commission Minutes - May 14, 1986 Use Permit process within a specified period of time. Staff expressed support for an amortization period, noting that at the present time the City has no jurisdiction over those establishments operating without a CUP except through the ABC. The City. Attorney advised that an amortization period should be one that will be legally sustainable. AYES: NOES: ABSENT: Covington, Hunt, Jessner, Ripperdan None Perrin Recommendation approved Number Ten: That a specific distance between liquor establishments and residential properties be established. Staff indicated they would recommend against establishing a distance requirement since each application will be dealt with individually and be required to obtain a CUP, as set forth in the first recommendation. Discussion followed. AYES: NOES: ABSENT: Hunt Covington, Jessner, Ripperdan Perrin Recommendation failed . Number Eleven: That perceived alcohol license problem area(s) be defined by geographic location (overlay zone). Staff pointed out the intention that each application be considered on a case by case basis, therefore should be applied citywide. AYES: NOES: ABSENT: None Covington, Hunt, Jessner, Ripperdan Perrin Recommendation failed Number Twelve: Requirement for more parking spaces for establishments that serve or sell alcohol versus those that do not. Staff stated that no distinction has been shown that would verify more intensive parking use for establishments that serve alcohol and those that do not, therefore unless such facts could be verified, staff could not support this recommendation. AYES: NOES: ABSENT: Covington Hunt, Jessner, Ripperdan Perrin Recommendation failed . Number Thirteen: At the discretion and judgment of the Director, report complaints and/or problems relating to an establishment to the Commission, determined upon the number and nature thereof. The Director advised that complaints that are received or observed are on permanent file in the Department. ~ Page Ten - Planning Commission Minutes - May 14, 1986 . AYES: NOES: ABSENT: Covington, Hunt, Jessner, Ripperdan None Perrin Recommendation approved Number Fourteen: Enforcement. Staff noted that there is a lack of personnel to effectively enforce provisions of the Municipal Code, noting that Code Enforcement has been recommended in the budget, however deleted. The Commission indicated their desire to recommend that the Council take under consideration the matter of Code Enforcement. with regard to law enforcement, the Commission requested adequate law enforcement to respond to violations as a situation arises, over and above violations of conditions imposed by the Commission, and also clarified their intent to recommend to the City Council that there be strict enforcement of these recommended provisions should they be adopted. AYES: NOES: ABSENT: Covington, Hunt, Jessner, Ripperdan None Perrin Recommendation approved . Number Fifteen: Based upon the staff explanation that the Commission's report regarding alcohol provisions would be forwarded to the Council within the required time frame, the recommendation that the Council lift the moratorium pending receipt of said report was withdrawn. Number Sixteen: That a City pOlicy be recommended to the ABC that one-day permits should not be issued for special activities in residential zones. The City Attorney noted that such special activities would involve the sale or other consideration paid for alcoholic beverages under the one-day permit. AYES: NOES: ABSENT: Covington, Jessner Hunt, Ripperdan Perrin Recommendation failed COMMISSION REQUESTS Chairman Jessner reported he had obtained a copy of Planning Commission hearing procedures from another city and requested that the staff prepare draft guidelines to apply to this Commission for consideration, and if approved, be pUblished with each agenda. The request was approved by unanimous consent of the Commission. . Commissioner Hunt reported he had submitted his written resignation from the Planning Commission to Chairman Jessner. . Page Eleven - Planning Commission Minutes - May 14, 1986 . ORAL COMMUNICATIONS Chairman Jessner" declared Oral Communications open. Michelle Brendel, 204 Ocean Avenue, was duly sworn by the Clerk, as requested. Ms. Brendel reported that on this date she had left this Commission meeting and went to Hennessey's at which time the two window screens to the south of the front door were not in place, stating that has been the case for the past week, with four of the five screens off the past Saturday evening, and the windows generally open. She noted that no window was open this evening and no banner was hung, however a banner had been in place earlier on this day, with two different banners hung during the week. Ms. Brendel stated she had been informed only one anniversary banner had received City approval. With regard to the previous discussion, Ms. Brendel asked that reporting of complaints to the Commission also include those made directly to the Commission. With regard to the Department of Water and Power property, the Director reported that work being done on that site is under a demolition permit to remove substructure of the prior plant, to be replaced with good soil and the site put into marketable condition. He reported the DWP had stated they were preparing to seek proposals for development of the site, after which a developer will be selected, and subsequently precise development plans submitted. With regard to in-lieu parking, the Director reported that the City Manager has indicated that he would be looking into that matter. Mr. Baucke reported that he is compiling a list of various projects, reviews and inquiries that the Planning Commission has requested, for the information of the new Director. There being no other communications, Chairman Jessner declared Oral Communications closed. COMMISSION COMMUNICATIONS Chairman Jessner read a letter from the City Clerk to Mr. Hunt confirming the City Council's acceptance of his resignation from the Planning Commission, also a letter from Mr. Hunt to the Commission regarding same. Members of the Commission expressed their appreciation to Mr. Hunt for his time, effort and contribution to the Planning Commission. ADJOURNMENT By unanimous consent of the Commission present, the meeting was adjourned at 12:02 a.m. . THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE SEAL BEACH PLANNING COMMISSION. Planning Commission Minutes Approved