Loading...
HomeMy WebLinkAboutPC Min 1993-09-08 . . .. ... CITY OF SEAL BEACH PLANNlNG COMMISSION MEETING MINUTES of SEPfEl\1BER 8, 1993 Chairman Dahlman called the regularly scheduled September 8, 1993, Planning Commission meeting to order at 7:30 p.m. in City Council Chambers. I. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said. ll. ROLL CALL Present: Chairman Dahlman Commissioners Sharp, Law, Soukup Also Presen t: Department of Development Services Craig Steele, City Attorney's Office Lee Whittenberg, Director Barry Curtis, Administrative Assistant Absent: Joan Fillmann, Executive Secretary Ill. CONSENT CALENDAR 1. Minutes of August 18, 1993 MOTION by Sha.'p; SECOND by Soukup to approve the Planning Commission Minutes of August 18, 1993 as presented. MOTION CARRIES: 4 - 0 - 0 A YES: Sharp, Soukup, Dahlman, Law IV. SCHEDULED MATTERS 2. Resolutions To Be Signed . Resolution No. 93-43 Chevron Remodel @ 12541 Seal Beach Blvd. . Resolution No. 93-44 Zoning Text Amendment #92-6 . . . . Page 2 - City of Seal Beach · Planning CommissiulI Minutes of September 8. 1993 Before the vote, Commissioner Soukup asked staff if ZT A #92-6, prohibiting exterior stairways also prohibited access to roof patios? Mr. Curtis said no, this pertains to exterior staircases from the ground level up into the building. This does not pertain to exterior staircases from the second or third levels up. MOTION by Sharp; SECOND by Law to approve Resolutions #93-43 and #93-44 as presented. MOTION CARRIED: A YES: 4-0-0 Sharp, Soukup, Law, Dahlman *** 3. Status Rep0l1: Proposed 1993 Regional Comprehensive Plan (RCP) - Southern California Association of Governments 4. SCAG 1993 Regional Comprehensive Plan (RCP) At the request of the Commission, items #3 and #4 were considered together. Mr. Whittenberg explained these items are updated status reports which will be provided to the City Council at their next meeting. The Proposed 1993 RCP - SCAG will, upon completion, will have a number of goals and policies regarding air quality, transportation and housing for the entire region that will impact all cities in Southern California. As the Planning Department receives information on this subject, it will keep the City Council and Planning Commission appraised. Chairman Dahlman asked if SCAG would assess local districts for the cost of the EIR for their master plan? Mr. Whittenberg said no, the environmental review will be region-wide, talking about impacts for Los Angeles, Orange County and the incorporated of San Bernardino and Riverside counties. It will not be city- specific. MOTION by Sharp; SECOND by Law to receive and file items #3 and #4. MOTION CARRIES: AYES: 4-0-0 Sharp, Law, Soukup, Dahlman *** 5. Main Street Specific Plan Request For Proposal (RFP) Mr. Whittenberg stated the City Council has authorized the circulation of RFP's to prepare a new Specific Plan for Main Street. A copy of the RFP is provided for the Commission's information. The RFP's are due back to the Planning . . . . Page 3 - City of Seal Beach · l'Iollning Commission Minutes of Scptcmbcr II. 1993 Department on September 24th. By the end of October the City Council should be in the position to award the contract to a firm(s). Commissioner Law asked about the legality of the information presented in the proposals. Mr. Whittenberg said the City will ensure that whatever comes before the Commission for Public Hearings will be in the proper legal format. The RFPs are legal regarding planning activities in the City. Mr. Whittenberg said the consultant interviews are scheduled for October 4th. This is, however, the date of a State-wide planning conference and there has been some discussion that the City's date might be moved to October 11th. This will be discussed with the Council at their next meeting. Gordon Shanks * Seal Beach said there has been some criticism of the City's spending so much money for this Main Street Specific Plan, questioning does the City need this? He defended this Plan, saying that unless the City has some solid definition of what is wanted for Main Street and the City, the City Council and the Planning Commission cannot operate. Unfortunately, the only way this definition can be achieved is to have these very expensive plans prepared. v. PUBLIC HEARINGS 6. Conditional Use Permit #89-12 12343 Seal Beach Boulevard Applicant: Business: Property Owner: Request: City of Seal Beach Super Saver Cinema Seven Century National Properties Planning Commission consideration for revocation of CUP #89-12 which allowed the placement of twelve coin-operated amusement machines within the Super Saver Cinema Seven. This action is a result of violations of the Conditions of Approval. Mr. Whittenberg stated staff has received a request from Super Saver Cinema Seven for a continuance. They did not receive the formal staff report until the early part of this week and have not have sufficient review time. Staff suggested a continuance to September 22. Commissioner Sharp asked if the Commission would be solely discussing this issue, violation of their approved CUP? He did not want to open this discussion to problems regarding parking. Mr. Whittenberg said the staff report addresses that issue, stating the issue to be considered is violation of conditions of approval . . . Page 4 . City of Seal B eaeb .. l'Ianning Commi~~ion Minutcs of September 8. 1993 for the use of video games inside the theater. Planning Department staff and the City Attorney's Office do not feel the parking lot noise is generated by the video games. Chairman Dahlman said that when it became clear there was a noise problem from the theater's parking lot, it turned out it was not a simple matter of revoking a CUP, because the City does not have CUPs for theaters or shopping centers. He asked staff if the City was addressing this in any way? Mr. Whittenberg replied this issue has been broached to the City Council by some residents whose units are adjacent to that parking lot. The matter was referred to the Planning Department and the City Attorney for review of possible municipal Code revisions to place an additional level of review on the theater. That investigation is not complete. Chairman Dahlman asked staff if, by the September 22nd meeting, a new Planning Commissioner would be appointed? Commissioner Sharp said five Planning Commissioners are needed at all times but the theater is in his District. Commissioner Sharp said he knows about the noise in the parking lot problems and sympathizes with the residents but it is a difficult problem to resolve. Public Hearing Chairman Dahlman asked if there were any persons in the audience tonight, wishing to speak on this subject, who cannot be present at the September 22nd meeting? Applicant * Richard Hall. Esquire (No Address Given) Representing Super Saver Cinema Seven Mr. Hall stated the primary request for the continuance was because the Notice was not received. They had no objection to the date of September 22nd nor to allowing public testimony tonight. Mr. Hall said that since receiving the Notice, the theater has adopted a policy which stations an employee at the entrance. This employee screens tickets to make sure no one without a ticket gets inside the theater. They did have an employee do this before, but the regular place of that employee was further back in the theater. They believe the basis for this complaint has been corrected and is taken care of by this policy. Mr. Whittenberg asked the Chairman if he would like a short staff report prior to receiving public testimony? Chairman Dahlman asked for a synopsis. Staff Report Synopsis - Mr. Curtis presented a synopsis of the staff report. The City has been made aware the theater has violated their CUP by allowing persons to use the video machines who do not have theater tickets. . . . . Page 5 - City or Seal Beach * Planning CODlDli..ion Minutes or SepteDlber 8. 1993 Persons Speaking in Opposition Carl Pettit * 12400 Montecito Rd.. #209. Seal Beach Mr. Pettit stated he did not receive a Notice of tonight's meeting, he was informed by other people in his building. He said there is no way to separate the noise in the parking lot from the video games. The people must use the parking lot to get to the theater to use the video games. The theater has had their CUP for three to four years and have not policed this and asked what would make anyone think they would do so? Chairman Dahlman said he did not want to dwell on the issues of noise in the parking lot. He said the theater's position, stated in the past, is that they have no authority beyond a short distance outside their front door; they cannot control the parking lot. How would Mr. Pettit propose the City deal with the theater? Mr. Petit said there have been several proposals that the theater has agreed to and said they would do but they have done nothing. He would recommend indefinitely revoking their CUP. Chairman Dahlman asked what his criteria would be for allowing the theater to resume operation of the video games? Mr. Pettit said the theater was asked to hire off-duty City police to patrol the crowd in the parking lot -- they agreed to do this but have not done so. They were asked, for a two week test, to park in the front portion of the parking lot but they have not been able to do this, even for a test basis. Parking in the front would take the parking problems away from the condominiums and place them toward to main street. Commissioner Sharp said the discussion on parking lot noise could go on all evening and further noted that if the CUP for the video games is completely revoked the City would have no control over the theater at all. Lester Eagle * Rossmoor Chateau * Rossmoor Mr. Eagle said his unit overlooks the parking lot. Referencing Attorney Hall's comments that the situation is now remedied, Mr. Eagle stated the situation as it exists --- "Because I live it 365 days out of the year, not hear say". There is a side door to the theater that the employees use; the door is never locked. At all hours of the night there are people going in and out that door. This is not supervised according to the attorney's statement because they're only looking for a ticket holder coming in thru the front door. This is a constant stream. Also, after the theater closes at midnight, their cleaning staff starts dumping the garbage. This can be from 2:00 a.m. to 5:00 a.m. in the morning. This theater is not supervised and the issue is not taken care of. . . . Page 6 - City of Seal B eaeh · P10nning CODlmission Minutes of SepteDlber 8. 1993 Chairman Dahlman asked Mr. Curtis if that violates any City ordinances if true? Mr. Curtis said dumping of trash after midnight is not a technical of any Code provisions unless it exceeds the noise limits. Chairman Dahlman asked if this CUP is temporarily suspended or revoked, can it come back with additional conditions on it? Mr. Steele said the Planning Commission can modify a CUP at any time provided it can make the requisite findings and providing the imposed conditions have a nexus to the permitted use. David Rosenman * Seal Beach Mr. Rosenman said he was not sure he will be here on September 22nd. He said the real problem here is need for a CUP process for shopping centers. He felt that would make the management of the Rossmoor Shopping Center more willing to supervise. Earl Smith * Rossmoor Chateau * Rossmoor Mr. Smith said when the theater applied for a CUP for the video machines, the question was raised regarding having to have a ticket before they entered the theater. They agreed to have an employee supervise the video machines but their lawyer tonight admitted they have not done this. He felt that after they get their permits they run things the way they want to. There has to be some regulations put in place. Mr. Curtis said the Code sets maximum noise limits at certain times of the day. A sweeper or dumping trash would violate that but it's hard to catch them. Persons Speaking in Favor There were no persons speaking in favor of retaining the video games. MOTION by Sharp; SECOND by Law to continue the Public Hearing on CUP #89-12 to September 22, 1993. MOTION CARRIED: A YES: 4-0-0 Sharp, Law, Dahlman, Soukup Mr. Whittenberg advised no additional Public Notice will be provided. Chairman Dahlman apologized to the audience for not getting the Notices out sooner to be sure they were aware of this Public Hearing. Commissioner Sharp asked if the people who didn't get Notices were outside the 300' Notice. Mr. Whittenberg said no, the individuals indicating they did not receive a Notice would have been within the 300' radius. Staff will check the Notice list. One set of Notices was returned from the Post Office thinking the . . . Page 7 . City of Seal B eacb * Planning Conllni,sion Minutes of September 8. 1993 addresses were not in Seal Beach. The Post Office was notified that they are in Seal Beach -- those Notices were late getting out. Commissioner Soukup commented that although the theater said they didn't have enough notice, they did have enough time to change their employee arrangement with the door. This seemed like a contradiction in terms to him. VI. ORAL COMMUNICATIONS Gordon Shanks * 215 Surf Place. Seal Beach Mr. Shanks said the situation with the Super Saver Cinema Seven theaters shows we have very little enforcement of what goes on in the City. Nobody seems to enforce the CUPs that exist. The Planning Commission and the City Council should make a recommendation to make more effort to have things enforced. VIT. STAFF CONCERNS 7. Report: Gasoline Off-Loading Mr. Whittenberg said staff was unable to complete it's report on this matter. VID. COMMISSION CONCERNS Commissioner Soukup said the Police sub-station needs to be built at the pier as soon as possible. Chairman Dahlman advised everyone of the charity fund raiser on Friday, September 10th at the Los Alamitos Community Center at 7:00 p.m.. IX. ADJOURNMENT Chairman Dahlman adjourned the meeting at 8:30 p.m. Respectfully Submitted, &~~~ Jo FI11mann Recording Secretary NOTE: These Minutes were transcribed from an audio tape. APPROVAL: Minutes of September 8, 1993 were approved on September 22, 1993.~