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HomeMy WebLinkAboutPC Min 1993-06-09 . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of JUNE 9, 1993 Chairman Fife called the regularly scheduled Planning Commission meeting of June 9, 1993 to order at 7:30 p.m. in City Council Chambers. PLEDGE OF ALLEGIANCE Commissioner Law led the Pledge of Allegiance. ROLL CALL Present: Chairman Fife Commissioners Dahlman, Sharp, Soukup, Law Also Present: Deoartment of Development Services: Lee Whittenberg, Director Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary Absent: Michael Colantuono, Assistant City Attorney CONSENT CALENDAR 1. Minutes of May 19, 1993 MOTION by Dahlman; SECOND by Sharp to approve the Planning Commission Minutes of May 19, 1993 as presented. MOTION CARRIED: A YES: 5-0-0 Dahlman, Sharp, Fife, Soukup, Law SCHEDULED MATTERS 2. Resolutions There were no resolutions to be signed. 3. Consideration of Proposed Development Impact Fees (Traffic) Measure M Compliance Staff Reoort Mr. Whittenberg presented the staff report. [Staff report on file in the Planning Department]. This report is presented for Planning Commission review and addresses the cumulative traffic impacts of development projects within the City. The TIF study is the basis for establishing a traffic impact mitigation fee to fund transportation facility improvements to achieve level of service standard "0". Commission Comments Commissioner Dahlman asked if the grand fathering provision applied to applications filed before 1989 and would that cover any hotel built on the DWP property? Mr. Whittenberg said the fees would take effect on adoption of a resolution. The fees would affect any projects having a building permit issued after the date the City Council adopts the resolution. . . . PallO 2. Cily or Seal JIoaoh * PIannin& Conuniaaion Minutco or JIIIIll 9. 1993 Commissioner Dahlman said his report is missing pages 61 - 63; staff will provide. Chairman Fife asked why there is a large discrepancy between the square foot charge on shopping centers? Mr. Whittenberg said the dollar amount differences are based on the types of traffic generated from the sizes of development. Traffic engineers find smaller centers have a higher turnover of vehicles during peak hours as customers do convenience shopping. MOTION by Sharp; SECOND by Soukup to receive and file this staff report. MOTION CARRIED: A YES: 5-0-0 Sharp, Soukup, Fife, Law, Dahlman PUBLIC HEARINGS 4. Conditional Use Permit #92-21 303/305 Main Street Main Street Cafe & Grille Staff ReDort Ms. Fillmann presented the staff report. [Staff report on file in the Planning Department]. This application is a review at six months for indefinite extension of CUP #92-21 for on-sale beer and wine at 303/305 Main Street in conjunction with an existing cafe and grille. Commission Comments Parkin!! Commissioner Dahlman asked about the parking requirements, noting the mall itself is short seven parking spaces. Staff advised that the parking issues were discussed at the initial approval of this application on December 9, 1992. No parking fees are charged to this facility as it is deemed to meeting its parking requirements. Commissioner Soupkup clarified that this restaurant requires fourteen (14) parking spaces. It has the use of a shared parking lot directly adjacent to the property. The maillot has 25 parking spaces and the City lot, with two-hour parking, has 14 spaces. He indicated the 300 block of Main Street, based on the traffic report, tends to be more wide open for parking than the 100 and 200 blocks of Main Street. Mr. Whittenberg added the mall has 10,200 square feet and the restaurant has 1400 square feet. To stafrs knowledge the parking standards have not changed since the building was constructed and today; staff can't find records to substantiate the mall's current lack of necessary parking spaces. UBC/Bathrooms Chairman Fife asked about the Uniform Building Code's (UBC) requirement for two bathrooms when there are more than four (4) employees, stating most restaurants would have more employees than it would on any given shift, so is this UBC requirement interpreted as four being the number of employees on any given shift? Mr. Whittenberg said yes, that was his understanding of the interpretation. EmDlover Counted Commissioner Soukup asked if the employer is also working is he/she counted as an employee? Mr. Whittenberg said he understands the UBC to mean the actual number of employees on site and if the business owner happens to be there he/she is not counted as an actual employee of the facility; it's a fine line. . . . Po.,. 3 - City of Sealllcach * PIanninc Commi..i... Minu.... or Juno 9. 1993 Public Heari",! The applicant was not present. Seven people in the audience raised their hands as being in support of this application. No one wished to speak against this application. David Rosenman ... Seal Beach Dr. Rosenman clarified the ability of an ABC #41 on-premise beer and wine license to be able to sell beer for off-premise consumption. Staff explained ABC (State) law aIlows the holder of an ABC #41 license to sell alcohol for consumption on the property and also for consumption off-premise. The City prohibits the sale of alcohol for off- premises consumption by placing conditions on the CUPs it grants. The Public Hearing was closed. Commission Comments MOTION by Sharp; SECOND by Dahlman to indefinitely extend Conditional Use Permit #92-21 through the adoption of Resolution No. 93-32. MOTION CARRIED: AYES: 5-0-0 Sharp, Dahlman, Fife, Soukup, Law The Planning Commission considered, out of order, agenda items #7 and #8, because they are to be continued. Commissioner Soukup has another engagement which will not allow him to be present at the June 23rd Planning Commission meeting. Commissioner Soupkup has indicated he would like to have Variance #93-1 continued to the July 7th meeting to aIlow him to participate in the hearings. Chairman Fife opened the Public Hearing for the purpose of considering agendized items CUP #93-10 and Variance #93-1 out of order to continue their respective Public Hearings to dates certain. He asked if there were any persons present tonight who wish to testify on either of these two matters who cannot be present either on June 23 or July 7 when the issues will be heard again? No one so indicated. MOTION by Sharp; SECOND by Soukup to continue the Public Hearing on CUP #93-10 to the June 23, 1993 Planning Commission meeting. 7. Conditional Use Permit #93-10 Address: 12235 Seal Beach Boulevard Business: The Fit Stop (within Rossmoor Athletic Center) Applicant: Henry A. Sarrouf Property Owner: Century National Properties Request: Approval of an alcohol-related land use entitlement for on-premise service of beer and wine at 12235 Seal Beach Boulevard (The Fit Stop). This location was previously licensed, with the previous beer and wine license being revoked on August 15, 1992 due to non- renewal. MOTION CARRIED: A YES: 5-0-0 Fife, Sharp, Dahlman, Law, Soukup . -. . Pa.... 4 - City or Sealllcach. PIannina CClIIIIIIiuicn Minutes of J..... 9, 1993 MOTION by Sharp; SECOND by Soukup to continue the Public Hearing on Variance #93-1/Negative Declaration #93-5 to the July 7, 1993 Planning Commission meeting. 8. Variance #93-1 Negative Declaration #93-5 Address: 212 Main Street Business: Masonic Lodge Applicants: Brian Kyle & Jim K1isanin Property Owner: Seal Beach Masonic Lodge Request: Request for a Variance allowing a change in use from a fraternal lodge/assembly hall to a general retail/business office mixture. The applicants request credit for 28 parking spaces, where the subject property currently provides none of the required on-site parking. MOTION CARRIED: 5 - 0 - 0 AYES: Jim Klisanin ... 122 7th Street. Seal Beach Mr. Klisanin introduced himself as one of two applicants for Variance #93-1. He stated his application has been put back for two meetings because of an Environmental Protection Agency (EP A) study; he has paid for this study and it was performed. His application was scheduled to be heard tonight but staff didn't get the paperwork done and it was delayed again to June 23. He stated he was not in favor of this application being continued because he's in jeopardy of closing the escrow and by not having the building occupied within 90 days they could lose their grandfathered status for parking; they could find themselves in the same position as BJ's Pizza application. Ron Sesler'" SeaSide Grill. Seal Beach Mr. Sesler said the Planning Commission should stick to its agenda so that he could plan his evening working hours to accommodate his testimony in favor of Papillon's restaurant. Chairman Fife said since the Planning Commission is continuing action on Variance #93-1 from June 23 to July 7, 1993, that that period of time which is beyond the applicant's power to change should not be counted as part of the 90 days continuing occupancy. Mr. Whittenberg said he would have to defer to the City Attorney, but that is normally how that process works. Commissioner Sharp said he would definitely want the City Attorney to rule on this before putting this applicant in any bind; he suggested this matter be continued until the City Attorney arrives. Chairman Fife declared the Public Hearing to be open but suspended pending the arrival of the City Attorney. 5. Conditional use Permit #92-13 143 Main Street Papillon's Restaurant Staff ReDort Mr. Curtis presented the staff report. [Staff report on file in the Planning Department]. The applicant, Nader Tahvildari, requests a four month review of the operation of an entertainment cafe in conjunction with an existing restaurant at 143 Main Street (Papillon's Restaurant). Staff recommended approval of an eight (8) month request and an amendment to Condition #3 to include the words "by patrons". Commission Comments The Commission had no comments for staff. Pap S - City or Seal Beach. PIannina Commi.taion Minule8 or IIDI8 9. 1993 . Public Hearinl! Nader Tahvildari lie 143 Main Street. Seal Beach The applicant, Nader Tahvildari, said, regarding amplification, he has always had background music. This system is also used for paging customers or for any special event, such as a speaker. This is not a new system; it's a public address (PA) system. A PA system is completely different than an amplification system. This system is intended for the piano player to take song requests or to sing while he's playing. Sol John lie Seal Beach Mr. John asked the City to get more businesses in town. He said the City needs to have entertainment. Donnv Sinl!er lie Piano Player. PaDillon's Restaurant Mr. Singer said he is the current house piano player at Papillon's. He has been working as a single entertainer for thirteen years and feels music provides a harmonious friendly atmosphere. Chairman Fife asked Mr. Singer if he uses the PA system to ask the customers for their requests and does he sing with the PA system on? Mr. Singer said when he chooses to sing he'll sing through the PA system with a microphone. The microphone is a uni-directional microphone versus an omni-directional microphone. A uni- directional microphone eliminates background noises. While he likes to see other people sing a chorus with him he would respect all City laws. . Chairman Fife explained a condition was imposed that patrons not be allowed to sing because there was a terrible period of time in this City when there was a raucous rock 'n roll outfit across the street from Papillon's and that produced an uproar in the community with a desire to absolutely ban any entertainment on Main Street. This application is a cautious re-opening of that entertainment door and people are fearful this could quickly transcend into the old situation. This must be carefully monitored until people get a higher level of confidence that this isn't the same thing happening over again. Chairman Fife asked Mr. Singer if the PA acted like a filter system to clarify his voice? Mr. Singer said the PA system is strictly to be heard. Commissioner Sharp commented on a noise level at Papillon's, saying the last time he was at Papillon's he could not hear any piano music outside the building. He said there is no noise problem. Commissioner Soukup asked Mr. Singer if there are different styles of uni-directional microphones which would limit the scope of the pickup? Mr. Singer said a uni-directional microphone is more precise than an omni-directional microphone; you have to talk directly into it. Commissioner Dahlman asked staff if amplification of the music was allowed a Panda Panda and Spaghettini's? Mr. Curtis said Panda Panda has a piano bar but could not recall ifthere's a microphone on the piano. Their pianist is not prevented from singing. Mr. Singer said he does not amplify the piano. Chairman Fife said he believe Spaghettini's has a PA and microphone for the singer but the instruments are not amplified. Mr. Whittenberg said he thought there were no conditions of this nature at these locations with entertainment because they are much further away from residential uses. Commissioner Dahlman said the City has been looking at generating a standard entertainment ordinance and asked Mr. Whittenberg for a status on this. Mr. Whittenberg said this has been put on hold due to the work on Main Street parking issues. . David Rosenman lie Seal Beach Dr. Rosenman referenced an article in this month's issue of Sunset Magazine. He suggested that keeping Seal Beach a charming small town would do a lot to enhance the value of the town. . . . .....6 - City or Seal IIcoch * PIamin& CClIl1IJIiui... MinuIca or Juno 9. 1993 Regarding the parking arrangement between Papillon's restaurant and John's Food King market he said it seems to him that parking spaces are being double counted. He suggested staff clarify this matter. He asked "How do we get things into compliance when what we have is a series of items where the last set of conditions weren't adhered to? There has been singing on a number of occasions by patrons and nothing was done about it. The music ... the stuff was ampli fied ... there have been occasions during the week several weeks ago (and Mr. Tahvildari agreed when I asked him about it) that the restaurant part of the restaurant was shut and only the bar was open ... there was a rearrangement where the bar moved from the back to the front of the restaurant and there was some question of whether that should have come back to you and it didn't ...". He suggested bringing the application back for review in four months or let the applicant know that" ... all it's going to take is some more complaints to get that four month rehearing ...". Commissioner Sharp explained that Papillon's restaurant has the required parking. Mr. Whittenberg said this property has had several parking Variances granted and by the approval of those Variances the property is deemed to meet its parking requirement. There is a shared parking lot arrangement between John's Food King and Papillon's. Chairman Fife said that when the matter of the shared parking lot arrangement between the market and this restaurant came up, it was indicated the market would be closing about the same time that this restaurant would be peaking. That was a persuasive point in the City's approvals. It turned out that the person who testified on behalf of the market was the attorney for the property owner and the market's operator (Don Davis) wasn't aware these Planning Commission hearings were taking place. Later, the operator wanted to extend the market's hours and staff convinced him that the Commission had not carried the requirement that the hours not overlap as a condition of approval for the restaurant. He felt the property owner and tenants may have to work out something more formal regarding the use of the parking lot, perhaps including an attendant to prevent abuse of the lot. Commissioner Dahlman asked Dr. Rosenman if it was acceptable to him to have the singer's voice amplified but not the piano? Dr. Rosenman said that when the restaurant's doors are propped open music can be heard from the edge of the parking lot. He said "If you give them an inch and that's all they take, it's liveable. But it has the potential, if you take more than an inch, of turning into a real fat problem". Chairman Fife said the Planning Commission reserved the right to revoke the permit even without a violation of the municipal Code or the conditions of the CUP if the restaurant degenerates into a situation that's incompatible with the neighborhood. He explained to Dr. Rosenman that on the issue of noise, it is not so much a factor of offending a person walking on Main Street as it is disturbing someone's sleep. Until and unless noise gets to that level that's not so much of a problem. He indicated that the City's conditions of approval were not "locking them into cement for all time ... this is a cautious experiment and we're looking to see how it works out. And we may be inclined to give some additional relief or we may not". Rav An!!oria * 1495 Seal Way. Seal Beach Mr. Angoria said the piano at Papillon's enhanced the dining experience and it can hardly be heard outside. Ron Sesler * SeaSide Grill. Seal Beach Mr. Sesler said Mr. Tahvildari has been a City business leader and resident for twelve years and he has never had one incident against him. He said every other restaurant and bar in town has as much amplification. Steve Solber!!. Seal Beach Mr. Solberg said the restaurant is an asset to the community and the piano cannot be heard outside. Jim Klisanin * ] 22 7th Street. Seal Beach Mr. Klisanin said he supports the piano at Papillon's as it makes dining a greater pleasure. " . . . Palll" 7 . City of ScalIIeoch * PIannin& COIJlIIlisaion Mm- or JIIIIO 9, 1993 Dr. Steven Wasserman. Seal Beach Dr. Wasserman said he is a Seal Beach resident with his practice in Los Alamitos. He felt the piano bar is an asset. He has a lot of business meetings at Papillon's, he invites a lot of professional people from Newport Beach. These people come to Seal Beach, they spend money, they stay in the hotels in this area. They come back to see Donny Singer play. It's important that people are putting back into this community. Sol John >I< Seal Beach Mr. John said we should liven this town up because people want to have fun. No one wished to speak in opposition. Rebuttal Commissioner Dahlman asked Mr. Tahvildari about concerns raised tonight: Patrons Sinl!inl! - What can be done to stop patrons singing? He suggested stopping the entertainment is one thing that could be done if a patron gets up and starts singing into the microphone as part of the entertainment. Mr. Tahvildari said his patrons will stop singing when told. He explained that when he is busy working, it may take him a minute to get to a customer to ask him not to sing. He wants to be sure that if somebody should see that situation it is not a violation of his CUP. Bar ODen When Restaurant Closed - Is this only for private parties or is the front door open to the public? Mr. Tahvildari explained that on Monday night the dinner house part of his restaurant has always been closed. About six (6) weeks ago he opened it up and serves dinner on Monday night. He decided to have an oyster bar which needed to have more room and to be closer to the kitchen. Therefore, he moved his bar to the front of the site and the dining to the rear. The oyster bar, which offers a variety of foods, is open to when the bar closes. Food is available to be ordered up to one-half hour of when the bar closes. The menu for the oyster bar is not a complete dinner but offers a full variety of foods. For example, oysters with scampi, sandwiches, salads. It's a full menu but not as exclusive as the dinner house's menu. Commissioner Soukup asked about: Movinl! the Piano -Commissioner Soukup indicated that previous Planning Commission Minutes state the piano was going to be located in the center of the building, between the bar and the restaurant. Now, the piano is located in the bar area, by a window. The introduction of the microphone to carry the voices through the entire restaurant creates concerns. He asked the applicant if he could explain why he moved the piano? Mr. Tahvildari the piano is loud enough to carry through the acoustic system to the back of the dining room. The piano is not in the dining room because it's a little too loud for dining purposes. Commissioner Soukup said he wanted to limit the entertainment to the use of uni-directional microphones only and acoustical instruments only. Mr. Tahvildari said he would have no problems with that. Chairman Fife closed the Public Hearing. Chairman Fife suggested changing Conditioning #1 by adding the following: 1. CUP #92-13 is approved for the establishment of an entertainment cafe providing non-amplified entertainment by no more than a single musician at 143 Main Street. The requirement for non- . . . Pa., 8 - City or Seal \leach * PIamin& Commia.ion Minulcll of J.... 9, 1993 amplification shall IIot preclude use by the entertainer of a high quality, uni-directional microphone so utilized as to pick up primarily the entertainer's voice. Commissioner Soukup suggested adding -All instruments shall be acoustical in nature-. He was opposed to having any horns. Mr. Whittenberg suggested deleting the word "entertainment" and adding "instrument- at that point. Mr. Tahvildari asked if a decibel level could be used'? Chairman Fife said this may be done eventually. Commissioner Soukup said he could see enforcement problems. What would be the enforcement of exceeding the decibel level'? Close down the entertainment for two weeks'? Commissioner Dahlman asked if a condition should be placed regarding the singing of patrons'? Commissioner Soukup said that if it degrades to singalongs that that would be a violation and entertainment would be suspended for a couple of weeks. He said "It's very difficult to stop somebody on a whim who's going to sing. And if you politely ask them to stop I think that's sufficient. There's not really a lot you can do if somebody is not willing to behave". Commissioner Dahlman disagreed, stating the amplification could be turned off and the piano player could stop playing. He said he was talking about a patron stepping up to the microphone who is not the entertainer. Commissioner Dahlman addressed the issue of the bar being open when the restaurant is closed. He asked if the City would approve a new application to sell liquor from only an oyster bar or less'? Commissioner Soukup agreed this has to be addressed. Mr. Tahvildari said the oyster bar has a complete menu although it is a different menu from the dining room. Commissioner Sharp said he could go to any number of restaurants in Seal Beach at any one time and most of them won't have their whole restaurant open. And, if Mr. Tahvildari is not serving enough food, the ABC will close him down quickly. Commissioner Dahlman expressed his concerns that ABC didn't have the resources to do their enforcement, adding liMy concern is where are we drawing the line between a restaurant and a bar'? Because the Code does not permit us to allow bars. It only permits us to allow restaurants". Mr. Whittenberg explained ABC's position that more than 50% of sales must come from non-alcohol items on a quarterly basis. ABC has caught up with some of their licensing backlogs and their enforcement capabilities are increasing. Mr. Tahvildari came to the podium and presented the Commission with menus from his oyster bar and his dinner house menu. Chairman Fife said he wanted staff to report back to the Planning Commission at the next hearing on whether the condition of ordering food up until one half-hour before closing was placed on the original restaurant's approval. Mr. Whittenberg advised the Commission that Papillon's does have a condition in place that it must serve food until 30 minutes before closing. Chairman Fife said the risk to the proprietor of losing his ABC license if he violates their conditions is enough reason for the City not to be concerned about it. He added that the Planning Commission cannot deal with Police Department issues through zoning. MOTION by Sharp; SECOND by Dahlman to approve Conditional Use Permit #92-13, through the adoption of Resolution No. 93-33, for an eight month extension with a change to Condition #1 as follows: 1. CUP #92-13 is approved for the establishment of an entertainment cafe providing non-amplified entertainment by no more than a single musician at 143 Main Street. The requirement for non- amplification shall not preclude use by the entertainer of a high quality, uni-direcfional microphone so utilized as to primarily pick up the entertainer's voice. The instruments shall be one of the following categorically acoustical instruments: guitar, harp, piano or violin. . . . ~ 9 - City or SealIIeacb * PIamin& Ccmmissicn Mw- of J_ 9. 1993 MOTION CARRIED: A YES: 5-0-0 Dahlman, Sharp, Fife, Law, Soukup Mr. Whittenberg asked whether Condition #3 needed clarification? Chairman Fife said no. The current approach, where the owner is aware he is not to encourage singing by his patrons and he should attempt to bring it to a stop when it does occur is sufficient. Commissioner Dahlman indicated that he had looked at the restaurant's oyster bar menu and it is substantial. *** 8. Variance #93-1 Jim Klisanan said he could not stay for the entire meeting to see if the City Attorney shows up. He said the issue for both he and his partner is the grandfather clause and the time involvement. They have postponed the escrow once and the sellers weren't happy about it and they had to put more money into escrow to satisfy them. They are due to close escrow again in the very near future. He asked the Commission to agree that the grandfather clause's ninety days takes effect from the time they're able to be heard by the Commission and not from the time they close escrow. Chairman Fife said the Green Pepper restaurant had been closed down for almost two years. Most of that closing was for the seismic retrofit. They were precluded from resuming the use by governmental action. If Variance #93- 1 isn't heard because of City actions, that period of delay is not counted as part of the 90 days. None of the 90 days is used up. Mr. Whittenberg said that's how he would understand the policy. Mr. Whittenberg indicated a fraternal group is meeting at that site. Mr. Klisanan confirmed that but said when the escrow closes they will probably discontinue that. However, another group could meet in there. Mr. Whittenberg said "As long as that building is being used for meetings of fraternal groups of some sort, consistent with the use that's occurred in the past, you do not run into that 90 day clock starting... " . Commissioner Fife asked Mr. Klisanin if he would be opposed to the matter's being continued to July 7th given this clarification and the fact that the City Attorney is not present yet? Mr. Klisanan said "I don't think that would be a problem... my only concern is that we lose the time element... and if that's handled, no". Chairman Fife asked the audience if there was anyone present who wanted to speak about the Masonic Lodge matter who cannot be present July 7th? No one replied. With the owners objection being removed, and with a previous motion, the Public Hearing on Variance #93-1 is continued to July 7, 1993. *** 5. Conditional Use Permit #92-19 111 Main Street Clancy's Saloon, Inc. Staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department]. The applicant, Steven Meier, requests a six months review for a twelve month extension of CUP #92-19 for an alcohol-related land use entitlement for general on-premise alcohol sales at Clancy's Saloon, 111 Main Street, Seal Beach. Commission Comments Commissioner Dahlman challenged Finding #5, saying a bar is not compatible with the intended character of the Main Street area. It was compatible when it was built but it is not compatible with the General Plan now. Mr. Curtis said it is compatible in the sense the General Plan allows existing uses to continue. . . . Po.... 10 . Cily or Seal JIcaeh * PIomin& CClIIIIIIiaai... Milwlea of J.... 9. 1993 Public Hearing Steven Meier. Clancy's Saloon. Inc.. III Main Street Commissioner Dahlman asked Mr. Meier if he was aware of any City incentives to convert his business to a restaurant'? Mr. Meier said no. Mr. Meier said Clancy's occasionally serves snacks, like hot dogs, during sporting events and asked if that was a violation of any of his conditions'? The Commission said no. Regarding Condition #11, he asked if he could be required to provide additional security measures without a Public Hearing'? Could his CUP be modified without a Public Hearing'? The .Commission said no. Mr. Meier asked for an explanation of the term "vested rights". Mr. Whittenberg explained this term. Mr. Meier said "So far I haven't really signed the Agreement on any of the conditions ... I'm just curious, by signing these am I giving up any of my vested rights'?" Mr. Whittenberg said no. He then asked for an indefinite postponement so he could seek legal counsel before signing the Agreement of Conditions form. Chairman Fife said the Commission could not give him an indefinite postponement but ifhe would like, it could be put over until June 23 or July 7. Ms. Fillmann indicated Mr. Meier has never signed any Acceptance of Conditions form and has thus been operating for six (6) months without formal acceptance of the City's conditions. Chairman Fife said "If you don't sign the conditions pretty soon we are going to have to take some action to deal with maybe revoking your CUP... if you're still uncertain about signing the conditions, put the matter over to July 7th and you hustle up and consult with an attorney and come back July 7th and be prepared to sign the conditions or tell us to go jump in the lake and then we'll respond accordingly". MOTION by Sharp; SECOND by Fife to continue the Public Hearing on Conditional Use Pennit #92-19 at the applicant's request to July 7, 1993. MOTION CARRIED: AYES: 5-0-0 Sharp, Fife, Dahlman, Law, Soukup *** Commissioner Dahlman asked staff to include information on a parking mitigation fee for Clancy's Saloon in the next staff report. Mr. Curtis recommended against parking fees where the applicants were required to file applications per Ordinance #1448. Commissioner Dahlman suggested there be some incentive for owners of obsolete forms of doing business to bring themselves closer to Code. Mr. Whittenberg said the City Council will be considering a report regarding the in-lieu parking program. Part of that report will be to do a Specific Plan for the entire Main Street area. ORAL COMMUNICATIONS There were no oral communications from the audience. ST AFF CONCERNS There were no staff concerns. . , Pap II - City of SoaI Beaeh * Plannina Conunisei... Minu.... or J..... 9, 1993 . COMMISSION CONCERNS Status/Bixbv Ranch Develooment Commissioner Sharp asked staff for a status report on the Bixby project. Mr. Whittenberg said this will be coming before the Planning Commission in September, after circulation of the Draft EIR document. Status/Mr. Fife's Particioation at Bixbv Ranch Development Hearinl!s Commissioner Sharp asked if Chairman Fife was disabled from participating in the Bixby Ranch hearings because he lives within 300' of the project? Chairman Fife said the City Attorney has indicated he will be disabled from participating. Commissioner Sharp asked if a substitute Commissioner could be appointed so the district most affected would be represented? He felt Mr. Colantuono would follow this up with a formal opinion. Commissioner Sharp said that he felt strongly a five member Planning Commission was needed for these hearings. Someone from District 4 should be appointed to represent the district. Chairman Fife indicated this decision emanates from State law. His concern is that the district most affected would not be represented. Bixbv DeveloomentlBits & Pieces Commissioner Law asked if the Commission would get an entire plan and not in bits and pieces? Mr. Whittenberg said the project presented to the City is a redesign of the entire golf course, provision of 168 home sites along the golf course fairways, a hotel and restaurant at the comer of Lampson Avenue and Seal Beach Blvd. . Leaninl! Brick Fence at Seal Beach Blvd. Commissioner Sharp asked for a status report. Mr. Whittenberg said surveys are scheduled to be done after July 1st by Orange County. The Commission noted the sidewalk was in terrible condition due to tree removal. The Commission suggested the sidewalk be restricted from use until it can be repaired. Leisure World Market Commission Sharp asked for a status report. Mr. Whittenberg said the plans have been submitted to plan check. An initial set of corrections has been received. The plans went back to the applicants with a correction list. They will resubmit the plans. The normal plan check process takes about four weeks --- this set was done in three days to get them back to the developer. ADJOURNMENT Chairman Fife adjourned the meeting at 9:45 p.m. Respectfully Submitted, S\~-r-. ~-- Joan Fillmann Recording Secretary APPROVAL: The Planning Co~~si~ Minutes of June 9, 1993 were approved by the Planning Commission on June 23, 1993.~ .