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HomeMy WebLinkAboutPC Min 1993-12-08 1 - 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of DECEMBER 8, 1993 Chairman Dahlman called the regularly scheduled Planning Commission meeting to order at 7:30 p.m. in City Council Chambers. I. PLEDGE OF ALLEGIANCE The Commission said the Pledge of Allegiance. n. ROLL CALL Present: Chairman Dahlman Commissioners Soukup, Law, Sharp, Campbell Also Present: D~artment of Develo.,pment Services: Craig Steele, Assistant City Attorney Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary Absent: Lee Whittenberg, Director ID. CONSENT CALENDAR 1. Minutes of November 3, 1993 The Chairman indicated that the Planning Commission Minutes of October 22, 1993 have been amended in accordance with a motion at the November 3, 1993 Commission meeting to reflect that former Planning Commissioner Ron J essner did indicate the site at 99 Marina is not well maintained. MOTION by Sharp; SECOND by Law to approve the Planning Commission Minutes of November 3, 1993 as presented. MOTION CARRIED: AYES: ABSTAIN: 4-0-1 Sharp, Law, Soukup, Campbell Dahlman 2. Information: ABC Conditions for B.J. 's Pizza, 209 Main Street 3. Information: Staff Memo re 909 Ocean Avenue * EI Burrito Junior MOTION by Soukup; SECOND by Law to receive and rde items #2 and #3 as presented. 1 ~ 4 IV. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 . MOTION CARRIED: AYES: SCHEDULED MATTERS 5-0-0 Sharp, Law, Campbell, Soukup, Dahlman 4. Status Report: Housing Element Revision 5. Status Report: Proposed Rule 1504 (Backstop Rule) Cor Local Government. Staff Re,port Mr. Curtis explained the two scheduled matters are reports which were presented to the City Council and are now before the Commission as information items. Item #4, the Housing Element Revision, addresses Assembly Bill 2172, which extends the planning period of existing housing elements by two years, postponing the due date for the City's next revision of its housing element from June 30, 1994 to June 30, 1996. Mr. Curtis said this extension was placed due to the State's lagging economy. Commissioner Campbell said she wanted the aviation report from the EIR on the proposed Bixby project retroactively incorporated into the City's existing Housing Element, noting that what goes on at the Los Alamitos airfield significantly affects the City of Seal Beach and she does not want to wait unti11996 for this to be done. The Chairman indicated the Planning Commission has not seen an EIR for Bixby and Commissioner Campbell said she understood the EIR is in City Hall. Mr. Curtis said the EIR is in draft form because the project has been modified. Bixby submitted their final plans last week and based on that staff is preparing a revised environmental review. Mr. Steele advised there is a procedural requirement for amending the City's existing Housing Element, first the EIR (of which the aviation report is a part)) must be approved by the City. The incorporation of the aviation report into the existing Housing Element would require an amendment of the City's Housing Element. Chairman Dahlman asked staff to place this on the Commission's agenda. Mr. Steele said the California Assembly is considering major amendments to the State's General Plan laws, including Housing Element requirements; in the next few months there may be further amendment to the City's responsibility under the affordable housing laws. Commissioner Campbell said there is also going to be an ACUIZ study that the military is presently undertaking and when that is completed she would like that incorporated into the City's existing Housing Element. Mr. Curtis said the City anticipates the Bixby hearings to start by early March. Item #5, Proposed Rule 1504 (Backstop Rule) for Local Government, which is intended to backstop local government implementation of transportation control measures (TCMs) by making up the difference between the reductions that local Pille 3 . Seal Beach PIaJmiua CCJmmiuiao Minutca of December 8. 1993 . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 24 25 26 27 28 29 30 v. 31 32 33 34 35 36 37 38 39 40 41 42 43 . governments achieve through implementation of TCMs and those reductions targeted in the 1991 AQMD and the 1992 Carbon Monoxide Plan. Chairman Dahlman said he would hold his technical questions for Mr. Whittenberg, at the January 5th meeting. MOTION by Sharp; SECOND by Law to receive and rde Items #4 and #5. MOTION CARRIES: AYES: 5-0-0 Sharp, Law, Dahlman, Soukup, Campbell *** Mr. Steele indicated a resolution for Chevron's CUP (24-hour operation) should have been brought before the Commission at this meeting. This item was inadvertently left off this evening's agenda and, rather than amending tonight's agenda on an emergency basis, this resolution will be brought before the Commission at its next meeting, January 5th. Chairman Dahlman said the Minutes were not clear on how it was decided to deal with emergency gasoline deliveries between 2:00 and 6:00 A.M. The Commission discussed what they thought had been decided. Mr. Steele said the decision was to not provide for an emergency "window" so the City could look at what emergencies did occur on an enforcement basis, allowing the City to decide that if it happened once the City could consider that truly an emergency and not take enforcement action. However, if it happened weekly, that may be grounds to come back to the Planning Commission for CUP modification. The Commission felt this was an appropriate way to handle this situation; staff agreed. PUBUC HEARINGS 6. Conditional Use Pennit #93-14 Address: 2901-A Edinger Avenue Business: Double-D's Dockside Cafe Applicant: Richard J. Dorsey Property Owner: County of Orange Request: An alcohol-related land use entitlement (on-premise beer and wine consumption) at an existing restaurant (Double-D's Dockside Cafe) located within the Sunset Aquatic Park, an Orange County Regional Park). . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 . Page 4 - Seal Beach PIaImiug Cammislioo Minutes of December 8. 1993 Staff Re.port Mr. Steele said the applicant has requested an amendment to the application for CUP #93-14. This amendment was not Noticed in the original Notice of Public Hearing. Staff has decided to withdraw consideration of this item from tonight's agenda and re-Notice an additional Public Hearing. Mr. Curtis said the applicant's original request was for on-sale service and he would also like to have off-sale. Commission Comments to Staff Commissioner Sharp asked staff to check Orange County's rules and regulations pertaining to the sale of alcohol beverages at their parks and provide the Commission with a copy prior to the hearing on CUP #93-14. Chairman Dahlman said he also wanted the subject of over-concentration addressed. *** 7. Conditional Use Permit #92-13 Address: 143 Main Street Business: Papillon's Restaurant Applicant: Nader Tahvlldari Request: Review of entertainment permit at eight months. 8. Conditional Use Permit #92-20 Address: 148 Main Street Business: John's Food King Applicant: Theodore M. Shepard Request: Twelve-month review of ABC permit. Consideration of shared parking lot concerns. Staff Re.port The staff reports were presented together by Mr. Curtis. Mr. Curtis explained these CUPs are considered together so the Commission may review their shared parking lot use. Papillon's Restaurant is also under consideration for it's eight (8) months review of the entertainment permit. John's Food King is under consideration for it's twelve (12) month review and request for indefinite extension on it's alcohol-related land use. Staff has not received any complaints regarding either use and both establishments have been inspected by staff and are . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 . Page S - Seal Beach I'IaIIniDc CammiaaiOll Minutc8 of December 8, 1993 complying with all Conditions of Approval. Regarding the shared parking, staff has conducted a usage survey of the parking lot, surveying the lot on 45 separate occasions over 14 days, during normal working hours Monday thru Friday. The lot's maximum usage was 68%, the mean was 33%. Commission Comments on Staff Report Chairman Dahlman said this staff report did not include old minutes, which would show the Commission's prior discussion. His understanding was that both properties are owned by one owner and the two leases divide the parking, giving John's Food King 2/3 of the parking lot and the restaurant 1/3 of the lot. Mr. Curtis said the market technically meets their parking because they have been in business so long they pre-date the City's parking requirements. Papillon's restaurant is a newer use and they had to meet newer parking standards. The market has 12 spaces and they are required to have 20 spaces. The restaurant is supposed to have approximately 19 spaces and they provide six on-site, have leased seven spaces from the church and have 11 in-lieu parking spaces. Chairman Dahlman said his understanding was different from plain 'grandfathering', noting that when John's Food King came before the City for extension of hours and sale of alcohol, it was granted and 13 parking spaces became theirs. Commissioner Soukup said the staff report, referencing their 45 inspections, suggest there isn't a parking problem, irrespective of the space allocations. Public Hearing Nader Tahvildari * 143 Main Street/Papillon's Restaurant Mr. Tahvildari introduced himself as the owner of Papillon's restaurant and said he had no comments to make and agreed with the staff report as presented. Mr. Tahvildari stated Papillon' s had not been in violation of any of the conditions of its CUP. . Ted She,pard. Jr. * 148 Main Street/John's Food King Mr. Shepard said his current hours are 8:00 a.m. to 9:00 p.m. daily, winter and summer. He has no complaints on parking and has not heard any customer complaints. During the day the lot is about half full. At night, the market's business ends when the restaurant's business picks up. On Friday and Saturday nights there are a few instances where parking is not available but it seems to be working out well. David Rosenman * (No Address Given] Seal Beach Mr. Rosenman said that immediately after City Council consideration, a change in ownership in the market was announced and he wondered if the Planning Commission should re-hear this CUP twelve months after that sale took effect. He noted a deficiency in the staff report data, noting none of the staff review . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 . Page 6 - Seal Beach PIanniD& Commil8im MiDutca of December 8, 1993 looked at parking over the summer months. He felt the lease terms regarding parking should become part of the Minutes so that someone working back can identify the facts. Mr. Curtis said that information was previously provided. Commissioner Sharp said there are new regulations, whereby a CUP is now a land use entitlement and transfers with the property. The old regulations specified each new owner had to obtain a new CUP. Mr. Curtis said he felt the Main Street Specific Plan will address the site as well. If the Commission has concerns beyond that, staff would not have a problem rescheduling both these CUPs to be re-heard at a future date. Commissioner Sharp felt the Commission has spent enough time on this issue. Commissioner Soukup asked Mr. Shepard about his hours of operation, noting he has the option to stay open to 2:00 a.m. but is exercising option to stay open to 9:00 p.m. He could see a problem if the market stayed open longer and increased parking pressures on the parking lot. He asked Mr. Shepard for his future plans. Mr. Shepard said he has no plans to stay open past 9:00 p.m. as business does not warrant longer hours. He sells beer and wine and does not want to apply for a general liquor license. Mr. Steele indicated the City retains its right to modify or revoke a CUP at any time, even if an indefinite extension has been granted. If evidence is presented to the Commission at a subsequent time that the conditions or the entire CUP need to be modified or revoked, the City is still retaining its right, even though the permit itself is transferrable among different owners. Chairman Dahlman asked if a condition could be placed that said "If this permit should, in the future, become inconsistent with the City's General Plan the permit would have to be renewed or reviewed II. Commissioner Sharp said this would not have to be added because the City automatically has the right to do this. Mr. Steele agreed, saying this condition is implicit in any CUP granted, because the Commission is making a finding of consistency with the General Plan in retaining the right to revoke or modify. Commissioner Soukup said he wanted further clarification. The CUP allows the market to stay open to 2:00 a.m. If it's sold and a new owner wants to exercise that right immediately, does the Commission have the right to revoke their CUP and start the process over? Mr. Steele said no, he was saying that if the market is sold and the CUP is transferred along with it, and a new owner wants to stay open to 2:00 a.m., if the Commission determines that if at some point the 2:00 a.m. use is inconsistent with the General Plan or is an improper land use for that particular parcel, then the Commission has the right to modify the terms of the CUP and provide for what the evidence suggests is appropriate. Commissioner . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 . Page 7 - &al Beach PIanniug Cammiasioo Minutes of Decembl:l' 8, 1993 Soukup asked if the applicant would like to amend his CUP to 10:00 p.m.? Mr. Shepard said he wanted to keep his closing time at 2:00 a.m. Mr. Shepard noted that the CUP was transferred from the Davis's to himself the day after the Davis's received their CUP. This was not one of the conditions of that sale, it happened to work out that way. Mr. Tahvildari did not want to rebut and the Public Hearing was closed. Commission Comments Chairman Dahlman said it was his understanding, when this was previously reviewed, that the parking seems to go with the market and not the restaurant. The restaurant's use of that parking is at the pleasure of the market. He didn't think the market is part of the problem on Main Street, it's the alcohol consumption uses that are more of a problem if they run too late. They disrupt the area. The other markets that John's Food King has to compete with are open uniformly to 2:00 a.m. and sometimes 24-hours. He did not see any problem with the current permitted hours at John's Food King. A problem may arise for the restaurant if the market becomes busier later in the evenings. He felt this would be best addressed in the Main Street Specific Plan. He asked staff if the approval of these CUPs interfere with the Main Street Specific Plan? Mr. Steele said a modification of one or both of these CUPs might become appropriate during the course of the Main Street Specific Plan. As a matter of law, all use entitlements of this type are subject to future amendments to general plans, so a condition would not be necessary within the CUP. Commissioner Soukup said both CUPs allow for an amendment to the in-lieu parking programs that they are both adhering to. He felt this is a preferred solution, where you have a shared parking lot between two businesses as opposed to other Main Street businesses which have no parking lots. He suggested the Commission approve these CUPs as presented, knowing the Main Street Specific Plan will unfold and if there is a parking issue that needs to be addressed, and these CUPs need amending, then that's the time to do that. MOTION by Sharp; SECOND by Law to approve a twelve month extension of Conditional Use Permit #92-13 subject to the original conditions and direct staff to return with a resolution at the next meeting. MOTION CARRIED: AYES: 5-0-0 Sharp, Law, Dahlman, Soukup, Campbell MOTION by Sharp; SECOND by Law to approve an indermite extension of Conditional Use Permit #92-20 and direct staff to return with a resolution at the next meeting. . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 . , Page 8 . Seal Beach J>IanniDa CommisaiCIII Minute8 of December 8. 1993 MOTION CARRIED: AYES: 5-0-0 Sharp, Law, Dahlman, Soukup, Campbell *** VI. ORAL COMMUNICATIONS David Rosenman * [No Address Givenl Seal Beach Mr. Rosenman indicated that page 2 of the ABC's conditions of approval for BJ's Pizza says deliveries to and from the rear of the premises are permitted between the hours of 8:00 a.m. and 10:00 p.m. daily. vu. STAFF CONCERNS Mr. Curtis indicated the December 22nd Planning Commission has been canceled; the next scheduled meeting is January 5, 1994. VID. COMMISSION CONCERNS Commissioner Sharp congratulated the Curtis' on their new baby. Commissioner Law asked if Tortilla Beach has to get a CUP for entertainment? Mr. Curtis said yes, if they want to continue beyond one month. Chairman Dahlman noted there was a fire at Walt's Wharf and the restaurant was able to open soon due to the efforts of Cox Construction and Building Inspector Chuck Feenstra. Chairman Dahlman said Unocal held a meeting last week at the Marina Center. They agreed to pay for a focused EIR. Mr. Curtis said the City Council would most probably table the appeal pending the Planning Commission's recommendation to them and re-schedule the matter once the focused EIR is completed and reviewed. IX. ADJOURNMENT Chairman Dahlman adjourned the meeting, at 8:25 p.m., to January 5, 1994. Respectfully Submitted, ~ao-~~ Joan Fillmann Recording Secretary APPROVAL: The Planning Commission Minutes of December 8, 1993 were approved by the Planning Commission on January 5, 1994. ~ December 8, 1993 , . MEMORANDUM To: Honorable Chairman and Planning Commissioners Joan Fillmann, Planning Department ~ PLANNING COMMISSION MINUTES OF OCTOBER 20, 1993 From: Re: At the November 3, 1993 Planning Commission meeting, a member of the audience, John O'Neil, questioned the Minutes of October 20, 1993, specifically the testimony of Ron Jessner. He felt Mr. Jessner said the property at 99 Marina Drive is NOT well maintained. The Minutes reflect Mr. Jessner as saying: If anyone has gone by their faciDly recently they will note it's well maintained. I have reviewed the audio tape of that meeting and believe we can correctly correct the Minutes to say the property at 99 Marina Drive is NOT well maintained per Mr. Jessner's testimony. . . t. ,- December 8, 7993 . MEMORANDUM To: Honorable Chairman and Planning Commissioners From: Joan Fillmann, Planning Department Re: PLANNING COMMISSION MINUTES OF OCTOBER 20, 7993 At the November 3, 7993 Planning Commission meeting, a member of the audience, John O'Neil, questioned the Minutes of October 20, 7993, specifically the testimony of Ron Jessner. He felt Mr. Jessner said the property at 99 Marina Drive is NOT well maintained. The Minutes reflect Mr. Jessner as saying: If anyone has gone by their facility recently they will note it's well maintained. I believe we can correctly correct the Minutes to say the property at 99 Marina Drive is NOT well maintained per Mr. Jessner's testimony. . I listened to the audio tape of that meeting and Mr. Jessner said: "Ron Jessner. 7704 Bayou Way. I was a member of the Planning Commission when the Chevron CUP was brought before us. I:V:.:. :~: . "~'*':~ <'wfVt1iiF~;i:'tri;ii$;," .the ;ctUiii$ 'are iiiaJr~:11li:.~f!$1Il . . ~"":;""""~ ..'P. P ,.o.:..~T:...::: .-:........@:.;~~........... ...........................:-0... ................... ..... . ~ wh'it.~b... jJ..<.....eried:0itf'tlif7tiiftiflf4Witt"lra;;a'.came.: aldn "~"alt)h k" tf"".CheVlo.iJ. ~~thii.;~S~61t<;17illij~$;d(ls<~t:1t;;r;;dn. tel/ii'" u$ hb':~feai~fh~':':' were-"':bfii:'.'1 ,.'.;:::-........"..'. -'. . '!}.. ... . . .9 ..".... ... g~~ ...." ~"....y ......?1.v.. . ~MV..'~ .....- . .. '-'.. ...... .,."..'.. . 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" ..< ttm '~'?i~~'.a~:'!!,iJ':~'~~~I!~~: li!~ '.. .....,::~rf!y/l~!!ut;iff:!~:~.~. '::.ittlil61~~:'::~!i~ we:'1' ''lJiftlf1.tif:ifltlfitKtfiliiii#WiJiitIJ:ViJf.J1Jiilt.. ". ..,.'" .. x'l1. 'JjfliJl .. ... ~~.... ......;.0...:.0....,' .::J.. .... ...... .....:;:::....:::: ..". ....."o).~:-.(.~~ t!lei.illiit;;r'>f'~';"rO'''$'ie~;'1ioti,j'.'ihe:. ''jiiiiix1t {< .....; (Mr~ ;.-:.....:...:-;...0......:-.;.:: ...... "rx ..... ,. .. ". V" ....... ... ..:...... P. 'b ... .U' :-.::.... :-...... ...-:-.... ...... _.':-:.' .'"-:-:. oX':-: Whittenberg clarified that Mr. Jessner was talking about Exxon). Exxon, that's correct. Exxon. Chevron's gone. . The hearings we had and the testimony we had at that time with Chevron, and it lasted quite a long time over a long period of time because there was a lot of concerns and questions and a lot of residents from the area. The testimony that came out was that there is a potential for explosions. The noise, the fumes, all the things that were brought up tonight are the same things, the same issues that were brought up then. The findings of the Planning Commission at that time with regard . . . ~ 4t to the CUP that was requested at that time was that it's an incompatible use because of the residential uses all around it. That's been there for a long time. That oil extraction use, the zoning that's there. But over a long period of time the residential area has built up around it and it's no longer compatible. We denied the CUP and Chevron went away. Also, during our hearings, if I recall, the question was "Well, if you don't get this approved and you want to bring your oil on-shore and do the separating, can you pipe it someplace else?" And they said "Yes". So this isn't the only place that this could be done. They could pump it and send it to Wilmington or any place else that they want to run lines to. So this isn't the do-or-die situation. I don't want to continue. It's just that I'm opposed to this. I was opposed to it then and it's basically boils down to an incompatible use and it's an unsafe use". This is what was presented in the Minutes: Ron Jessner * 1704 Bayou Wav, Seal Beach Mr. Jessner introduced himself as a resident of Seal Beach and a former Planning Commissioner who was on the Commission when the CUP was heard for Chevron. At that time Unocal came with Chevron to the Planning Commission hearing. Chevron said they would be wonderful neighbors and Unocal said they were sorry their facility looks like a mess but they've spent time and money cleaning it up and would take of their facility. If anyone has gone by their facility recently they wHI note it's not well maintained. The lengthy hearings and testimony demonstrated there's a potential for explosions, the noise, the fumes are the same issues that are brought up tonight. The Commission's findings were that it is an incompatible use because of the surrounding residential uses. While the oil separation facility has been there a long time, the residential uses have also been building up around it over a long period of time and the oil separation facility is no longer compatible. A t that time the Planning Commission denied the CUP for Chevron and Chevron went away. During those hearings, the question was asked could Chevron pipe their oil some place else? Chevron said yes. Therefore, Seal Beach is not the only place the oil from Platform Esther can be separated. It could be sent to Wilmington or any place else they want to send lines to. "This isn't a do or die situation". He stated he is opposed to this application and was opposed to the Chevron application because it's an incompatible and unsafe use. I will amend the Minutes at your direction.