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HomeMy WebLinkAboutPC Min 1993-06-23 . . . '\ CITY OF SEAL BEACH PLANNING COMMISSION MINUTES OF JUNE 23, 1993 Chairman Fife cal1ed the regularly schedult:ld Plunning Commission meeting of June 23, 1993 to order at 7:30 p.m. in City Council Chamhers. PLEDGE OF ALLEGIANCE Commissioner Dahlman led the Pledge of Al1egiance. ROLL CALL Present: Chairman Fife Commissioners Dahlman, Sharp, Law Ahsent: Commissioner Soukup Also Present: Depurtment of Development Servict:ls Lee Whittenherg, Director Michael Colantuono, Assistant City Attorney Barry Curtis, Administrative Assistant Joan Fil1mann, Executive Secretary MOTION by Dnhlm:m; SECOND by Sharp to excuse the nbsence of Commissioner Soukup due to blL..iness reasons, MOTION CARRIED: AYES: ABSENT: 4 - 0 - 1 Duhhmm, Shurp, Fife, Luw Soukup CONSENT CALENDAR I. Minutes of June 9, 1993 MOTION by Shnrp; SECOND by Dnhhmm to npprove the Plunning Commission Minutes of June 9, 1993 with u correction ut puge 1, line 50 to c1mnge "ell'ect" to "ufl'oct", MOTION CARRIED: AYES: ABSENT: 4 - 0 -I Shurp, Duhlmun, Fife, Law Soukup 2. Minor Plan Rt:lview #93-5 213 7th Street Staff Rt:lport Mr. Whittenherg explained the applicant has not requt:lsted the necessary interior inspection. The applicant contacted the Planning Department today and indicated she wil1 request this inspection fairly soon. Staff is recommending the Planning Commission tahle this matter. Staff will re-Notice al1 property owners within 100' when it's rescheduled. Tuhling preserves any fees paid. The expense to the City is the postage tor 12 - 15 Notices. . . . Pall" 2 . CIty of Seal Beach * Plannil1ll Commission MinuloS of J..., 23. 1993 MOTION by Law; SECOND hy Sharp to accept the rescheduling of Minor Plan Review #93-5 and to he set for Planning Commission review at a later date hy the Planning Director. MOTION CARRIED: A YES: ABSENT: 4-0-1 LllW, Sharp, Fife, Dahlmlln Soukup SCHEDULED MATTERS 3. Resolutions To Be Signed Director Whittenherg indicated items #4 - #9 are presented to inform the Planning Commission of actions taken hy the City Council. These items are related to Air Quality Management Plan implementation measures that need to he done hy June 30 and Decemher 31, 1993. Items 118 and 119 deal with the issue of parking in the Main Street area. Chairman Fife asked if the City Council was going to wrestle with the parking issues for awhile and perhaps bring some or all of the issues hack to the Planning Commission for formal action or will the Council take the action? Mr. Whittenherg said the Council has taken some actions on parking issues. Other issues will require further review hy the Planning Commission at a later date. The Council actions thus far have heen to instmct staff to prepare hid documents to purchase payment mechanism structures. The mechanism will compute parking fees hased on the actual time used. Staff will prepare bid documents for the installation of parking meters in the three City-owned parking lots along Main Street. Those items will go to Council hy early August. On June 14, 1993, the Council talked about a Specific Plan being prepared for the Main Street area and an In-Lieu parking program being established, going through the AB 1600 fee analysis required by State law. The City Manager will include funds in his budget for the cost of preparing the Specific Plan and the AB 1600 analysis. Assuming the Council adopts the budget with these recommendations on June 28th, staff will then start preparing requests for proposals for consultant services for the Specific Plan and AB 1600 analysis. Staff estimates it will take six to nine months from the date the consultants heing work to the date the reports an~ scheduled for Public Hearings. The Specific Plan and AB 1600 analysis will have Puhlic Hearings before both the City Council and Planning Commission. Staff hopes hoth projects can he done concurrently. 4. Proposed Rule ]504 (Bllckstop Rule) for Local Government South Coast Air QUlllity Management District (City Council Staff Report dated May 10, 1993) Proposed Rule 1504 is intended to "hackstop" local government implementation of transportation control measures by making up the difference hetween the reductions that local governments achieve through implementation of TCMs and those reductions targeted in the 1991 Air Quality Management Plan and the 1992 Carhon Monoxide Plan. Commissioner Dahlman, referencing Issue 113 [How Should Accountability for Achieving the Target be Assigned and the Trigger be Activated?], said the City of Seal Beach was hurt in the recycling area by the State adopting a rule which said trash had to he reduced by 50% over ten years and the City had already reduced its trash ahout 30% because City residents were recycling a lot. Other towns, which had not . . . I'1lll" 3 - Cily of Sooal Ilellch . Planning C",nmi...ion Minu"," of Juno 23, 1993 hegun recycling voluntarily, henefittl::d because they did not have to do as much toward recycling as Seal Beach did. Then: is a similar issue with trip reduction. Seal Beach has taken trip reduction measures other cities have not and he fdt Seal Beach should get some credit for measures it has already taken. Mr. Whittenherg explain the Air Quality Program takes into account past city efforts back to January 1, 1990. Chairman Fife asked if trip reduction efforts in the form of a van (with several passengers) versus a car (with one or two passengers) would get credit in re-configuring the heach parking lots? Mr. Whittenberg said the City gets a trip reduction credit for parking spaces where parking fees are charged. You get more credit as the cost for parking increases. MOTION by Sharp; SECOND by Fife to Receive and File this report. MOTION CARRIED: A YES: ABSENT: 4-0-1 Sharp, Fife, Law, Duhhmm Soukup *** 5. Updute on the Orunge County Air Quality Management Plan (AQMP) Implementntion Strntegy. MOTION by Dllhlman; SECOND by Sharp to Receive and File this report. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Fife, Law, Dahlman Soukup *** 6. Mobile Source Reduction Commitment Letter South Coast Air Quality Management District MOTION by Fife; SECOND by Dahlman to Receive and File this report. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Fife, Law, Dahlman Soukup *** 7. City of Seal Beach Traffic Impact Fee Study, Final Report Con'iiderutinn of Report and Establishment ot. Trut'tic Impuct Fee Commissioner Dahlman stated he calculated the difference in development impact fees. If there is a 170,000 square foot shopping center the development fee is $1,356,600. If there is a 180,000 square foot shopping center the development fee is $446,000. He felt sure a mistake had been made in the report and it should be corrected to state that shopping centers in excess of 175,000 square feet should pay $2.48 per . . . Pa&C 4 . City of s",,1 lleach. Phu",,"!: Cmuni..ion Minu'.. of J.....:!3. 1993 unit exceeding 175,000 square feet. Additionally, page 11 descrihes the generation as "Shopping Center (Over 175,000 square feet)" which may imply the method of computation was as he suggests. Director Whittenherg stated the fees, recommended hy the consulting tirm DKS, have been adopted by the City Council. Staff can go hack to the consultant and he sure staff has a clear understanding of what they were proposing. If there needs to he a moditication made to the report which would result in a change to the fee structure, then staff would have to come hack to the Planning Commission and City Council to modify the resolutions. OKS was paid $28,000 for this study. Commissioner Dahlman said "I believe that the Council didn't mean to cause that situation to exist, where a 170,000 square foot shopping center pays three times the fees of a $180,000 square foot shopping center. That would be ahsurd". Director Whittenherg said he was not certain OKS had made an error in the fees. The difference in the fees is based on the fact that smaller shopping centers have a much higher turnover of vehicle trips, particularly in the morning and evening peak hours. This is when people are stopping at these smaller centers on the way to or home from work. With the larger shopping centers, they find the vehicle traffic is spread out over the day and later into the evenings so there are not as many trips during the peak hours. The fees are based on the numher of vehicles that come in or out of a particular facility during peak hours. Chairman Fife felt this analysis is flawed. For example, if a person is driving home and turns into a center for a loaf of hread, and turns hack out --- then there is no extra trip. However, if a person leave home from Buena Park and drives to Seal Beach to huy something and then drives hack --- then that is truly and extra trip in terms of generating noise, traffic, smog. A person who builds a 60,000 square foot shopping center pays as much in fees as a person who huilds a 200,000 square foot shopping center. He felt it would he more sensihle for the fees to he the same for the tirst 175,000 square feet with a drop off for volume thereafter. MOTION by Dahlman; SECOND by Sharp to Receive and File this report. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Fife, Law, Dahlman Soukup *** 8. Main Street Parking Con..ideration of Proposed Action.. Commissioner Dahlman indicated this report addresses the steps that can he taken to improve the availability of parking, to allow businesses to endorse their patron's parking tickets for up to two hours, et cetera. He felt it was unduly complex to have both p:trking meters (two rows) and gaited parking in the 8th Street parking lot. Mr. Whittenherg said the Council determined not to adopt this proposal. They decided to go with a new system where you would get a ticket upon entering and pay when you exit. The ticket will track the time parked and the tee will he hased on the amount of time parked. Commissioner Dahlman suggested it would he simpler to have a ticket issued at the entrance to both 8th and 10th Street beach lots hut have the exit from hoth lots he only at the 8th Street lot so you only need one attendant. This would also allow the City to close the 10th Street lot earlier. Commissioner Dahlman complimented the idea of limiting the numher of resident's permits after taking into account the numher of parking spaces in their garages. . . . PaI\C S . City or Seal o...dI * Planning l'ommi..iou Mmu\ea or Juno 23. 1993 Commissioner Law commented that if residents are allowed to park free after 5:00 p.m. in the 8th Street parking lot (south of Central Avenue) this will not help the Main Street parking. Mr. Whittenberg said this would help residents who cannot find on-street parking. It would also allow employees and customers of Main Street to park in that area. Surveys find there's a peak use of 8th Street from 7:00 - 9:00 a.m. and another peak at 6:00 p.m. - 7:30 p.m. The peak hour for the street doesn't begin at 5:00 p.m. By opening the lot tor parking at 5:00 p.m. you make the lot availahle for Main Street customers. Customer parking will be greatly assisted hy additional signage indicating availahility of alley parking. MOTION by Sharp; SECOND by Dahlm~m to Receive and File this report. MOTION CARRIED: AYES: ABSENT: 4-0-1 Shurp, Fife, Luw, Dahlman Sflukup *** #9. Main Street Purking Consideration of Proposed "In-Lieu" Parking Actions MOTION by Shurp; SECOND by Law to Receive and File this report. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Fife, Law, Duhlman Soukup *** PUBLIC HEARINGS 10. Conditional Use Permit #93-10 12235 Seal Beach Boulevnrd The Fit Stop Staff Report Ms. Fillmann presented the staff report. [Staff report on file in the Planning Department]. The applicant, Henry Sarrouf, requests approval of an alcohol-related land use entitlement tor on-premise service of beer and wine in conjunction with an existing snack har (The Fit Stop) inside an existing health club (Ross moor Athletic Cluh) at 12235 Seal Beach Boulevard. Commission Comments Commissioner Sharp asked if the snack har had a dishwasher, noting that if you're handling food that serves the puhlic very hot water is needed to sterilize the dishes. Commissioner Dahlman asked what type ABC license the Old Ranch Country Cluh has? Ms. Fillmann said Old Ranch has an ABC Cluh license and a Cluh type license serves distilled spirits. This applicant does not wish to serve distilled spirits. . . . Page 6 - Cily of Seallleach. Plannin!: ('ommission Minol"" of J..., 23. 19<13 Commissioner Law indicated the application states this is a request for "liquor license transfer". Ms. Fillmann said this cannot he a transfer hecause the former license expired. Chairman Fife noted the petition in favor of this application has predominantly out-of-the area ZIP codes. Some signatures are from Laguna Niguel. Mr. Whittenherg said these are probably people going to work out after work. Puhlic Hearing Henry Sarrouf >I< 12041 Fairchild Street. Garden Grove. CA Mr. Sarrouf presented some facts on his personal background. In March 1992 he contacted Steven EUis, asking if they could arrange a transfer of Mr. Ellis' ABC license at this location. Mr. Ellis requested $5,000 to transfer the license. Mr. Sarrouf went to ABC, tiled an application and was told by an ABC employee that all he needed was Mr. Ellis' signature. Mr. Sarrouf was not aware Mr. EUis' ABC license was going to expire on August 15, 1992. During the time Mr. Ellis held his ABC license there were no problems. The cluh is family-oriented; minors under 18 years cannot join without parental consent. Referring to the nine liquor-selling estahlishments in the Rossmoor Shopping Center, Mr. Sarrouf noted they all serve heer and wine and there are children and adults going onto their premises on a daily basis. The Fit Stop is not a tavern or a har. The percentage of liquor sales at the Fit Stop is approximately 5% - to %, as the 1992 records show one keg of heer sold in one or two months. He stated he read the staff report thoroughly and would agree to all Conditions of Approval. He said no one from the Seal Beach Police Department contacted him. Most of the c1uh's memhers are responsihle husinessmen who, after playing squash or handhall, want to have a heer with their sandwich. He hopes the availability of beer and wine would increase his food sllles. Chairman Fife asked if there is a procedure for ascertaining who is/who isn't a cluh memher? Mr. Sarrouf said the Rossmoor Athletic Cluh does not ohject to non-memhers entering the facility. If a person walks into the c1uh, walks up to the reception area and says he wants to go to The Fit Stop he will be given directions. Allowing non-memhers to come into the c1uh may increase club memhership. Chairman Fife said the staff report indicates CUP #85-5 indicates the snack har did not service the general public at large. ABC requires the cluh he open to the puhlic to ohtain a #41 ABC license. Mr. Sarrouf said he does not have a track record on the operation of Mr. Ellis' husiness. Commissioner Sharp asked if The Fit Stop has advertising on the outside of the huilding? Mr. Sarrouf said they are planning to advertise to increase cluh memhership. Commissioner Sharp asked the applicant if he has an Orange County Health Department permit? Mr. Sarrouf said yes. Chairman Fife asked if they use paper plates and plastic utensils? Mr. Sarrouf said yes, he does not wash customer dishes. He only washes preparation dishes in their sink with water to 185 degrees. The club bas not run out of hot water. Chairman Fife said he gets the impression that ABC laws may have heen different in the past or there was a mistaken operation for heer and wine sales on a c1uh-memhers-only hasis. There is no track record for what The Fit Stop would he like if any memhers of the puhlic could stop for a drink. Mr. Sarrouf said a drink limit was enforced in 1992. He said the memhers would not ask for more than one or two drinks. He felt this was due to time limitations; after they work out, take a shower and have a bite to eat, it's almost time for the cluh to close. By 9:30 p.m. there are about ten or fifteen members who are still there; these are prohahly local Seal Beach residents. . . . .- Pa&l' 1 - City of Seal Beach. l'lonning ('onuni..i"" Miml"'-' of J....,:!3. 1993 Chairman Fife. noting there are televisions in the restaurant, asked if patrons wanted to have three or four beers while watching a sporting event? Mr. Sarrouf said he has not experienced this yet. Chairman Fife asked Mr. Sarrouf how important the right to sell beer and wine would be to his business making a profit'! Mr. Sarrouf said if he could get a 10% - 15% increase in food sales that would make it worthwhile for him to stay open to 10:00 p.m. No one else wished to speak in favor of this application. David Rosenman * Seal Beach r No Address Given 1 Dr. Rosenman spoke in opposition to this application. noting the over-concentration of ABC licenses, high crime statistics in this Census tract and Police Department opposition to the application. Rebuttal Henrv Sarrouf questioned where Dr. Rosenman got his statistics that people who work out drink more. Commissioner Dahlman suggested that people might be dehydrated and thirsty after working out. Commissioner Dahlman explained to the applicant that CUPs are land use entitlements and if this application were granted, thtl applicant could then transfer it to anyone and the City would have to allow it. The Planning Commission is really deciding what is an appropriate use for the land. Mr. Sarrouf asked if the crime statistics show that a lot of crimes are committed because they are drinking beer and wine'! Director Whittenberg explained Police Department statistics indicate the general categories of reportable crimes, they don't indicated the dtltails of dates and times. Thtl types of crimes reported are rape, burglary. auto thdt, rtlsidtlntial or busintlss burglary, assault and battery; ahout eleven categories are included. Chairman Fife discussed ABC regulation 61.3, indicating ABC would be inclined to deny this application unless the City madtl a finding that it is in the puhlic's convenience that this site have a license. Mr. Whittenberg said the State has developed guidtlline criteria (over concentration/high crime statistics) to give cities general guidance as to how many liquor licenses are in different areas of the State. Many cities will have concentrations of licenses in specific areas where you have shopping centers. It is not unusual to find a shopping center to have a proliferation of ABC licenses. Chainnan Fife narrowed his discussion. asking is the presumption that the license should be granted unless the Planning Commission finds it detrimental or IS the presumption that the license should be denied unless it is found that granting it would servtl the public's inttlrtlst'? Mr. Whittenberg said the second choice. The Commission would have to make an aftirmativtl finding that the public convenience is served. Public Hearing Closed Commission Comments Commissioner Sharp stated his conctlms were with the menu, the facility being open to the public, the Police Department rtlport and the fact that this is a health club. Chairman Fiftl said it seems to him that heer and wine would he primarily for the club's members and only in the most periphtlral way for the public. He found it difficult to find this new license would serve the . . . Pall" 8 - City of Seal Deach * Plarming C'oounillsion Minu",," of J18.. 21. 1993 public's convenience. Adding "... I don't know how I could possihly say no to the Firestone garage if they came in and said we'd like to sell our customers beer and wine while they're waiting for their brakes to be changed or their tires to he changed. And r would be inclined for that reason to vote no because I don't think I could make the kind of tinding I think I would have to make to require the ABC to maybe even allow a license". MOTION by Fife; SECOND by Sharp to deny Conditional Use Pennit #93-10 through the adoption of Resolution No. 93-34. MOTION CARRIED: AYES: ABSENT: 4-0-1 Fife, Sharp, Dahlman, Law Soukup *** Mr. Whittenherg advised staff will come hllck to the Planning Commission at the July 7th meeting with Resolution No. 93-34 for formal adoption. The adoption of Resolution No. 93-34 will start the ten day appeal period to the City Council. Chairman Fife said that while the applicant is undoubtedly disappointed, this action in no way reflects any feeling that there is anything negative about the applicant or his restaurant. He added that he felt if the Commission made the type of tinding, the Commission would then, in the future, have to license every establishment that applied for a new ABC license. 11. Conditional Use Permit #92-1 909 Ocean A venue Tool<;ie's Restaurant Mr. Whittenherg advised staff received a telephone request from Mrs. Poretti, the applicant, that this matter he continued. Her family has heen on vacation and just received the staff report. She feels they have not had sufficient time to review it in order to come before the Commission tonight. They have asked the matter be continued to August 4, 1993. Chairman Fife said he recalled some parking issues ahout this application that were not adequately resolved in his mind regarding the applicant's right to extend or renew the lease. If this review is put over indetinitely the issue could he skirted. Mr. Whittenherg said staff would not recommend it be continued indefinitely, staff would recommend continuance to August 4, 1993. Chairman Fife opened the Public Hearing for the purpose of continuing CUP #92-1 to August 4, 1993. He asked if there were any members of the public who wish to testity on CUP #92-1 who cannot be present on August 4th to testity? No one came forward. MOTION by Dahlman; SECOND by Sharp to continue the Public Hearing on Conditional Use Pennit #92-1 to August 4, 1993. MOTION CARRIED: AYES: ABSENT: 4-0-1 Dahlman, Sharp, Fife, Law Soukup *** Pall" 9 . City or Seol o.:och * I'lonning C"onuni..,,", Muw... or J.... 23. 1993 . ORAL COMMUNICATIONS There were no oral communications from the audience. STAFF CONCERNS Director's Ahsence Mr. Whittenherg advised he would he on vacation for the July 7th Planning Commission meeting; Barry Curtis will conduct the meeting in his place. Martial Arts School Mr. Curtis asked for a Planning Commission determination of proper zoning for a martial arts school in the Seal Beach Center; the Vons Pavillion center. The center is in the C-I zone hut the municipal Code does not specify a martial arts school as a permitted use in any zone. A short discussion followed on similar uses in other locations. Staff felt the martial arts school is a service business and recommended the Commission accept the school meet the intent of the Service Commercial and General Commercial zones. Prior to the issuance of a license all City departments, including the Police Department, would review the proposed use. Commissioner Dahlman asked if a dance stuJio woulJ he permitttld in the C-I zone? Mr. Curtis said a dance studio is not prohihited, however it's not expressly permitted anywhere. They would need to come before the Planning Commission for a dettlrmination that the use is compatible in that zone. . Chairman Fife said his only concern would he parking hecause certain types of facilities generate a tremendous parking demand. Uses that hring 25 to 50 cars to one spot for an hour at a time. This issue should he reviewed. Mr. Curtis said staff could come hack to the Planning Commission with a staff report, possibly a Zone Text Amendment, in the future if the Commission feels a martial arts school or a dance studio are appropriate type uses. Those type UStlS could he specified in the Code as permitted uses with parking requirements placed on them. The suhject property presently has a surplus of approximately 120 parking spaces and could adequately accommodate a martial arts school at this time. Chairman Fife said his concern was not with this particular location hut once the general determination is made, if the parking concerns are not gone through, this could come hack as a prohlem in another location. MOTiON hy Shnrp; SECOND hy Law to determine the proposed martini arts school would be an nllowed use in the C-I zone at the Seal Beach Center. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Law, Fife, Dahhmm Soukup *** COMMISSION CONCERNS Planninl! Commissioner Terms Commissioner Sharp asked staff to ascertain what the Planning Commissioner's terms of office are. Staff will check with the City Clerk's Office. . . . . Pllr.c 10. City or Seal R.:ach * P1amil1& COI1IJni..ion MinulcS or J_ 2.1, 19'13 ADJOURNMENT Chairman Fife adjourned the meeting at 9:00 p.m. Respectfully Suhmitted, ~O~~~t"') Joan Fillmann Recording Secretary APPROVAL: The Planni:il Commission Minutes of June 23, 1993 were approved by the Planning Commission on July ~ 1993. ~