HomeMy WebLinkAboutPC Min 1993-05-19
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CITY OF SEAL BEACH
PLANNING COMMISSION MINUTES of MAY 19, 1993
Chairman Fife called the regularly scheduled Planning Commission meeting of May 19, 1993
to order at 7:30 p.m. in City Council Chambers.
PLEDGE OF ALLEGIANCE
Commissioner Soukup led the Pledge of Allegiance.
ROLL CALL
Present:
Chairman Fife
Commissioners Dahlman, Sharp, Soukup, Law
Also
Present:
Department of Develo.pment Services:
Lee Whittenberg, Director
Michael Colantuono, Assistant City Attorney
Joan Fillmann, Executive Secretary
Absent:
Barry Curtis, Administrative Assistant
CONSENT CALENDAR
1. Minutes of May 5, 1993
MOTION by Dahlman; SECOND by Sharp to approve the Planning Commission
Minutes of May 5, 1993 as presented.
MOTION CARRIED:
A YES:
5-0-0
Dahlman, Sharp, Fife, Law, Soukup
2. Minor Plan Review #93-5
213 7th Street
Mr. Whittenberg stated staff had received a letter from the applicant, Sherri Mokhtarian,
stating she wishes to delay consideration of this request until the June 23, 1993 Planning
Commission meeting. No one in the audience wished to testify on this matter.
MOTION by Sharp; SECOND by Dahlman to approve a continuation of Minor Plan
Review to the June 23, 1993 Planning Commission meeting.
MOTION CARRIED:
A YES:
5-0-0
Sharp, Dahlman, Fife, Law, Soukup
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PlIlle 2 - City of Seal Beach Planning Commission Meeting · May 19, 1993
SCHEDULED MA TIERS
3. Resolution #93-31
1305 Sandpiper Drive
Height Variation #93-1
Since this resolution was prepared by the City Attorney's Office, Mr. Whittenberg
informed the Commissioners that Michael Colantuono was attending another city meeting
and was expected to arrive by 8:00 p.m., in case there were any questions for Mr.
Colantuono.
Mr. Whittenberg indicated the word "would" should be inserted on page 4, paragraph
(e) to read"... the CRAS would not significantly impair ...".
The Commission had no questions or comments on this resolution.
MOTION by Sharp; SECOND by Dahlman to approve Resolution #93-31 for Height
Variation #93-1 for 1305 Sandpiper Drive.
MOTION CARRIED:
A YES:
5-0-0
Sharp, Dahlman, Fife, Law, Soukup
Mr. Whittenberg indicated today, May 20th, starts the ten day period to file an appeal
to the City Council.
***
PUBLIC HEARING
4. Conditional Use permit #93-9
640 Pacific Coast Highway * Taco Bell
Staff Report
Mr. Whittenberg presented the staff report. [Staff report on file in the Planning
Department]. The applicant, Taco Bell Corporation, requests permission to continue its
24-hour operation on weekends (Friday and Saturday) between November 1st and April
30th and daily between May 1st and October 31st. This application has been filed in
response to City Ordinance 1448.
Commission Comments
Chairman Fife asked if Taco Bell was open for walk-in service between 2:00 a.m and
6:00 a.m.? The staff report indicates only the drive-thru window is open from 11:00
p.m. to 6:00 a.m.
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Page 3 - City of Seal Beach Planning Commission Meeting · May 19, 1993
Commissioner Soukup asked if Taco Bell would have to obtain a CUP if they decide to
have walk-in service between the hours of 11:00 p.m. and 2:00 a.m.? Mr. Whittenberg
said technically no, but one of the Conditions of Approval could be that there would be
no walk-in service from 11:00 p.m. to 6:00 a.m. If Taco Bell would wish to change this
at some future point they would have to come back to the Planning Commission for a
CUP.
Public Hearing
Mike Johnson. General Manager. Taco Bell * 640 Pacific Coast Highway
Mr. Johnson said he has reviewed all the proposed Conditions of Approval and they are
acceptable to him. He said he would have no problem with Commissioner Soukup's
proposal to require Taco Bell to seek a new or amended CUP to allow him to expand his
walk-in service hours. For security reasons Taco Bell does not allow their dining room
to be open after 11:00 p. m.
No one wished to speak further in favor of this application.
The following persons spoke in opposition to this application:
Rolf Wald * 710 Coastline Drive
Mr. Wald stated many noise complaints have been fIled with the Seal Beach Police Dept.
He submitted a petition [Attached] by Coastline residents also opposing this application.
He stated Taco Bell's doors are wide open 24-hours per day. He testified that Taco Bell
was using a jack hammer at 3:30 a.m. for unpermitted remodeling. He said the Police
Department would not respond "... because they were tied up somewhere else. I don't
know where". He contacted the Police Department to check on the number of
complaints but since the Department is not computerized he could not get that
information. He said the Taco Bell patrons get very noisy on the weekends.
Chairman Fife said that while the staff report says Chief Stearns has no concerns
regarding the continued operation and the City has no record of complaints it sounds like
the Coastline Drive residents have complained by a number of phone calls to the Police
Department.
Commissioner Sharp felt the Chief of Police would not object to this application because
of noise related problems but he would have objected if crimes had taken place.
Chairman Fife asked who was cleaning of the parking lot? Mr. Stamps said the center's
owner is cleaning the lot.
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Page 4 - Ci1;y of Seal Beach Planning Commission Meeting · May 19, 1993
Ron M(:rublian * 630 Coastline Drive
Mr. Mgrublian said he was disturbed by the noise of honking horns, by people screaming
or joking with one another. He noted the problem is random, it doesn't happen every
evening but is very disturbing when it does.
John Stamps * 610 Coastline Drive
Mr. Stamps said the same consideration given to the Main Street area should be given
to this area. He stated the restaurant is cleaning, vacuuming, emptying trash and
maintaining their property all the time. He noted gas gets delivered at the nearby service
station at very late hours. Rating the general traffic on Pacific Coast Highway versus
the noise in the shopping center, Mr. Stamps said the center noise is very bad, especially
at night. The patrons going through the drive-thru play their boom-boxes very loud and
nearby residents can't sleep. He said he sleeps from 3:00 a.m. to 6:00 a.m. He doesn't
hear Taco Bell's public address system but hears the noise from all the kids. He felt the
noise was generated by people from out of town, stopping at Taco Bell.
Lydia Stamps * 610 Coastline Drive
Mrs. Stamps said she used to be able to hear the ocean waves at night but now she can
only sleep between 2:00 a.m. - 6:00 a.m. because of the noise of boom boxes. The
Commission asked if she felt there was a burst of noise at 2:00 a.m. when some
establishments closed? She said no, the quietness begins at 2:00 a.m. She said the City
does not need any more traffic coming through the City. Commissioner Soukup asked
if Taco Bell's drive-thru should shut down before 2:00 a.m.? She replied that would be
wonderful, people could get more sleep and there might be less traffic because less
attention is attracted to that area.
Commissioner Dahlman asked staff what the operating hours are for the various food
establishments in that area? Mr. Whittenberg said McDonalds closes about 11:00 p.m.
Commissioner Law asked how long Taco Bell has been operating for 24-hours on
weekends? Mr. Whittenberg said Taco Bell has been operating with these hours for
approximately two years. One year ago, the City changed the municipal Code to require
a CUP for any business open from 2:00 a.m. to 6:00 a.m.
Rebuttal - Mike Johnson. Taco Bell
Mr. Johnson said Taco Bell wants to be a good neighbor. He also contacted the Police
Department regarding complaints but has not heard from them. The late night cleaning
of the area is done by the landlord, Watson & Associates. Taco Bell has a strict policy
of closing their doors at 11 :00. They recently installed a day/night switch for the
exterior ordering board to regulate the tone for different times. Pacific Coast Highway
has a lot of noise on it but he didn't know how much of that is Taco Bell's. He will
minimize any noise coming from his restaurant. Taco Bell's employees have not been
made aware to call the Police Department for help of parking lot disturbances. Between
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Page S - C~ of Seal Beach Planning Commission Meeting · Msy 19, 1993
the hours of 2:00 a.m. to 6:00 a.m. doesn't seem to be that loud and disturbances are
random. He will work to control this.
Commissioner Sharp asked Mr. Iohnson how many employees on are duty between the
hours of 2:00 a.m. and 6:00 a.m.? Mr. Iohn said up until 3:00 a.m. they have three (3)
employees. Then from 3:00 a.m. to 6:00 a.m. they have two (2) employees. Their
duties are preparation of food ingredients for the following day. They dump their trash
by 10:45 p.m. The business done between 2:00 a.m. and 6:00 a.m. is 2% - 3% of their
total business. Between 12:00 a.m. and 6:00 a.m. it's about 4% - 5%. It's part of Taco
Bell's corporate image, for all of their restaurants to be open 24 hours and for the public
to see it as an accessible restaurant. He said he was at the Seal Beach Taco Bell on
Tuesday, May 18th, at 2:30 a.m. and was polling customers that came through. During
the hour he was there, he had six customers and all were Seal Beach residents.
Chairman Fife asked the applicant if he would be willing to continue this issue for sixty
days to meet with the Coastline Drive residents and to talk to the shopping center
manager to work out a compromise? Mr. Iohnson said yes, he would like to get
together, find out exactly what the problems are and what both sides think can be done
to fix things short of closing down between 2:00 a.m. - 6:00 a.m.
Chairman Fife asked staff if this matter is continued, does that mean Taco Bell can
continue to operate for the period of the continuance but at the end of the continuance
the Planning Commission will consider operation between the hours of 2:00 a.m. - 6:00
a.m.? Mr. Whittenberg said his existing rights to operate 24-hours a day will continue
until a final decision is made by the Planning Commission or the City Council.
The Public Hearing was closed.
Commission Comments
Chairman Fife indicated there are due process rights of the applicant and vested rights
to continue an existing operation. Although sixty days may be a problem to residents,
the City is addressing something that has been a problem for a number of years. It takes
time to gather evidence, allow those people most affected to meet, confer and exchange
ideas. That's preferable to acting hastily and perhaps drawing a lawsuit. Tonight's
exchange has been productive because residents have acquainted the Taco Bell manager
to problems he didn't know existed. He said he would like to give Taco Bell a chance
to work something out with the residents. He indicated the Planning Commission doesn't
have the same jurisdictional power to regulate Taco Bell as it does regulate an
establishment selling alcoholic beverages. The Planning Commission is only empowered
to do those things authorized by law to do. When asked about being a nuisance,
Chairman Fife said it's very difficult to convince a judge that something is so bad that
it rises to the level of a nuisance so as to shut it down. It's a complicated, expensive
procedure.
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Page 6 - City of Seal Beach Planning Commission Meeting · May 19, 1993
MOTION by Sharp; SECOND by Law to continue the Public Hearing on
Conditional Use Permit #93-9 to July 21, 1993.
MOTION CARRIED:
A YES:
5-0-0
Sharp, Law, Dahlman, Fife, Soukup
Staff was instructed to come back to the Planning Commission with an amended/revised
staff report. Mr. Whittenberg said staff will contact the Police Department and request
them to do a manual search of their records. Commissioner Dahlman asked for
clarification on noise sources. Mr. Whittenberg said staff will attempt to monitor what
goes on in the parking lot area, focusing primarily on weekends. Commissioner Sharp
asked if Mr. Whittenberg could request the Police Department swing through the parking
lot between 2:00 a.m. - 6:00 a.m. once in awhile to see what's going on. Mr.
Whittenberg said staff can make that request and the Police Department is usually
responsive to those types of requests. Chairman Fife asked the updated staff report to
follow up with Mike Johnson and Mr. Wald to see how that process is going. Mr.
Whittenberg said the City would be pleased to host the meetings between the residents
and Taco Bell at City Hall. That would allow staff to observe what's going on and have
a good input into that process.
RECESS
Chairman Fife called a five minutes recess.
Mr. Colantuono arrived at 8:30 p.m.
ORAL COMMUNICATIONS
There were no oral communications from the audience.
STAFF CONCERNS
Mr. Whittenberg said staff is attempting to give the Planning Commission a more formal
feedback process as to what happens to matters once the City Council has reviewed them.
He spoke on the following items:
1. City Council adoption of Zone Text Amendment #93-1, deleting Section 28-
2407(A)(4)(c) of the Code.
The City Council has adopted the ordinance with the changes recommended by
the Planning Commission. Residents will be allowed to add to their existing
building only if their nonconformity is due to having tandem parking spaces. The
ordinance will take effect June 10, 1993.
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Page 7 - City of Seal Bcal:h Planning Commission Meeting · May 19. 1993
2.
Regional Housing Needs Assessment - Status Report
This staff report has been provided to keep the Commission up to date with the
status of this aspect of Housing Element law as it currently stands in California.
There is a great deal of uncertainty at this point as to what the City's ultimate
responsibilities will be. The State has said that to prepare a Housing Element you
must identify the needs of low and moderate income housing for both owner and
renter occupied housing over a five year period. The State provided funds to
Regional Planning Organizations (SCAG in this area) to do the detailed analysis.
The State budget this year eliminated all the funds going to the Regional agency
to do that analysis. Therefore, the Regional agencies are not doing the work.
That process is in limbo.
3.
Proposed Rule 1504 (Backstop Rule) for local government - South Coast Air
Quality Management District.
This rule would have major impacts on all cities in Southern California regarding
implementation of air quality management control measures at the city level. If
the city level control measures are not sufficient to achieve a defined level of trip
reduction, the South Coast Air Quality Management District would implement
their Backstop Rule, which would place additional requirements on the
community andlor particular businesses in the community to reduce vehicle trips
to the required level. This will be a complex issue to deal with over the next
year. It will take a lot of staff time to deal with these issues.
Commissioner Dahlman asked who would be responsible to pay for the Backstop
Rule's enforcement? Mr. Whittenberg said it would be hard to say because the
City doesn't know what the measures would be or which firms or individuals
might be covered under the rule. The AQMD is holding a number of public
meetings through May - June in this area to get comments for local jurisdictions
on how the rule should be constructed, who should it apply to, how will it be
monitored. All Orange County cities have been working cooperatively with
Orange County over a two year period to develop a County-wide strategy to
achieve the necessary trip reduction measures for Orange County. The measures
identified by Seal Beach staff to the Orange County Transportation Authority and
AQMD appear to be sufficient to meet the goals set for Seal Beach. A report
will go to the City Council Monday night.
4.
Main Street Parking - City Council consideration of items.
This staff report indicates the types of actions the City might desire to take in a
short term (30 days - 1 year), mid-term (1 - 5 years) and long term (more than
5 years) time frames. The City Council reviewed this report on May 10th and
asked staff to look at many short term items and present a more detailed report
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Page 8 - Ci~ of Seal Beach Planning Commission Meeting · May 19, 1993
to them on May 24th. The Commission will get a copy of that report once the
Council takes an action.
Commissioner Law asked if the grandfathered parking can be stopped so that
everybody pays their fair share on in-lieu parking? Mr. Colantuono said there
are a variety of funding mechanisms for obtaining additional money for parking.
Such as taxes and benefit assessments. These can be imposed on every property
owner. If the City decided to build a parking lot, and imposed a benefit
assessment district on the businesses which could be expected to benefit from that
parking lot, all the property owners in that area could be assessed an assessment.
Everyone then would pay. However, if you rely on exactions associated with
development permits then you can only impose those based on people who come
in for new development purposes to bring in new uses or expand existing uses.
To date, the City has relied primarily on development exactions and those cannot
be applied to people having legally existing businesses.
Chairman Fife asked if the issue of how newly created parking spaces would be
credited to commercial properties lacking parking had been addressed? With the
provision for forfeiting your grand fathered parking if you are not operating for
90 consecutive days, statistics would demand many unusable commercial
properties on Main Street. Mr. Whittenberg said that was the intent of item #8,
where the creating of an overlay zone to group all allowable building densities
with the number of parking spaces available and give credits based on the number
of spaces to the size of buildings that could be constructed. The Council has not
asked staff to report back at the May 24th meeting on that issue. This issue will
come back to the Council after they have considered the budget, in July or
August.
Chairman Fife, referring to Mr. Colantuono's remarks on benefit assessments,
this is the fair way to address this issue and get rid of the disparity of people who
have to pay in-lieu parking, people who are getting assessments and people who
don't have to come before the Commission. Mr. WhIttenberg said staff's Parking
Needs Analysis Report (March 1993) indicated the businesses along Main Street
and the number of parking spaces required. Staff will complete this analysis.
That will give the City it needs to know on a business-by-business basis how
many parking spaces are required and how many they are short. This would
enable the City to formulate the financing mechanisms necessary if the City goes
to benefit assessment financing.
Chairman Fife asked if the City Council was considering a benefit assessment
concept for nonconforming multi-unit residential structures that are
nonconforming as to parking? Mr. Whittenberg said the Council has not
discussed this issue to an extent to where they've derived an answer. It will
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Page 9 - City of Seal Beach Planning Conunission Meeting · May 19, 1993
probably come up in the future. The impacts on street parking are caused by
both residential and commercial uses.
Commissioner Law, referring to item #6, said she had no objection to the tram
service but thinks the tram should pay its own way and the funds should not be
touched. Mr. Whittenberg said AB 2766 funds from gas sales taxes for the
specific purpose of improving transportation resources in the town.
Approximately $20,000 per year is received and it must be used for this type
purpose. He said any type of a public transit program will not pay for itself. All
such systems in Southern California are subsidized to some extent through a
number of sources of funds.
Commissioner Soukup said the value of a tram should not be discounted with
respect to the South Coast AQMD. It may be a good way to ferry employees
around town to their work places, especially Rockwell.
5. Sweet Jill's Bakery, 1231h Main Street - City Council concurrence with
Planning Commission determination.
The Council concurred with the Commission that this is a retail use not a
restaurant use.
Commissioner Dahlman asked if City Council expressed any feeling re the words
"coffee shop" being included in the definition of "restaurant". Mr. Whittenberg
said the City Council went along with the entire Commission recommendation
which gives staff the instruction to revisit the issue of using current defmitions
in the Code. Staff will be coming back to the Commission with changes in those
areas.
6. City Council adoption of "Measure M Growth Management hnplementation
Program" .
The Council adopted this by resolution. That packet will now be forwarded to
the Orange County Transportation Authority as part of the City's eligibility
funding packet for next year's Measure M funds.
COMMISSION CONCERNS
Commissioner Soukup, referencing the Main Street parking studies, asked if the 24-minute
parking spaces were included in the studies? Mr. Whittenberg said yes. Commissioner Soukup
said he felt that did not fairly addressed availability and suggested the studies not include these
spaces. Mr. Whittenberg said this could be done by breaking out the utilization of the 24-minute
and the 2-hour spaces..
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Page 10 - City of Seal Beach Planning Commission Meeting · May 19. 1993
Commissioner Dahlman asked Commissioner Soukup how he would feel about changing 2-hour
parking to I-hour parking on Main Street? Commissioner Soukup said he was "on the fence"
at this time. It's decreasing from a 2-hour to a 24-minute zone for the entire Main Street. He
felt there would be value in parking turnover on Main Street if the beach parking lots are utilized
better. Mr. Whittenberg said staff is not recommending changing the 2-hour parking on Main
Street now, preferring to allow other changes a 4-6 months operating time. A change on Main
Street may not be needed.
Commissioner Dahlman, referencing the handout on population figures, asked for a breakdown.
Do the annual estimates reflect how many residents are in Leisure World? Mr. Whittenberg said
no, it's a City-wide number. Mr. Whittenberg said he had some concern with the figures, citing
the figures show 7 housing units increase in 3 years but 1000 more people moved in town.
Commissioner Dahlman asked Commissioner Sharp about Leisure World counts. Commissioner
Sharp said there are 6,700 units. If there is one person per unit, that's 6,700 people. There are
usually 200 - 300 units available at all times. Many units have 2 or 3 persons. A 5000 person
count could hardly be correct. Mr. Whittenberg said no recount has been done. The Census
Bureau told staff the costs to do it would be prohibitive. The main issue, where cities were
concerned with population figures, is the return of monies collected by the State to cities was
based on population. Most of the monies returned to cities from the State have dried up because
the State is taking monies from the cities. The population figures no longer have the financial
importance to the cities that they used to have.
Commissioner Dahlman asked about service stations and the off-loading of gasoline during the
early morning hours. He felt there could be an uneven playing field before all the service
stations have been considered. What is the intention of the City Council? Mr. Whittenberg said
it might make sense for some places to stay open later because they are not directly adjacent to
residences. Staff will report back to the Commission on the status of the gasoline service
stations.
ADJOURNMENT
Chairman Fife adjourned the meeting at 9:07 p.m.
Respectfully Submitted,
':1~ ~ ~.a:. .-.
Joan Fillmann
Recording Secretary
The Planning Commission Minutes of May 19, 1993 were approved by the Planning
Commission on June 9, 1993. ~
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NOTICE OF PUBLICHEARJNGflL( II/)
lJtlp"
I
NOTICE IS HEREBY GIVEN that the Planning Comlqission or the City or Seal Beadl will
bold a public hearing on Wednesdav- Mav 19, 1993Lat 7:30-D.m. in the City Council
Cbambe.... 211 Eighth Street, Seal Beach, California, to coasider tbe roUowiag item: (/
CONDITIONAL USE PERMIT 93-9
640 PACIFIC COAST HIGHWAY
ReQuest.
To operate a drive-in ~estaurant between the hpurs of2:00 a m and 6'00
p.m. This application has been filed in response to City Ordinance 1448.
Environmental
Review:
This project is categorically exempt from CEQA review.
Code
Sections'
28-1300(7). 28-2405
Applicant:
Taco Bell Corporation. Michael Johnson
Owner'
Bonnie Brunson, Elizabeth Liete, Lori Brunson-Sterling
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At the above time and place all interested persons may be heard ifso desired. If you challenge the
proposed actions in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written correspondence delivered to the
City of Seal Beach at, or prior to, the public hearing. _
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continous noise at all times day & night
vacuum cleaners in middle of night
machines cleaning parking lot in the middle of ni h
police have been called many times g t
car alarms
dirty wrappers from Taco Bell as well as MacDonald
girls squealing s
horns blOWing
skate boarding after 10 pm
jack h8lDlllering @ """-r ~. 3 () i4
boom boxes . M.
tires squealing late @ night
remodelIng & aoing the work in the middle of the night
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