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Home My WebLink AboutPC Min 1993-09-22 .. . . CITY OF SEAL BEACH PLANNING COMMISSION MEETING AGENDA of SEPTEMBER 22, 1993 ~ i I 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #93-45 I. PLEDGE OF ALLEGIANCE n. ROLL CALL ill. CONSENT CALENDAR 1. Minutes of September 8, 1993 IV. SCHEDULED MATTERS 2. Resolutions To Be Shmed . Note: There are no resolutions to be signed. 3. Staff Report for Infonnation: Federal Reactive Organic Compounds Rate-of-Progress Plan - a South Coast Air Quality Management District Notice of Completion of a Draft Supplemental EIR. 4. Staff Report for Infonnation: Review of Draft Supplemental EIR for the Selective Catalytic Reduction System for Alamitos Generating Station Unit 5. 5. Resolutions for Infonnation: . City Council Resolution No. 4257 Height Variation #93-1 & Variance #93-3 1305 Sandpiper Drive . Provided for Infonnation to Planning Commission: City Council Resolution for CUP #92-23 and Variance #92-3 BJ's Pizzeria t - . . . v. PUBLIC HEARINGS 6. Conditional Use Permit #89-12 (Continued from 9-8.;93) Address: 12343 Seal Beach Boulevard . Business: Super Saver Cinema Seven Applicant: City of Seal Beach . Property Owner: Century National Properties Request: 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. r . 7. Conditional Use Permit #91-14 Address: 3005 Old Ranch Parkway Business: Spaghettini Rotisserie & Grill Applicant: Cary Hardwick Property Owner: Bixby Ranch Company Request: Review for indefinite extension of CUP #91-14, an approved entertainment cafe at an existing restaurant. 8. Conditional Use Permit #93-3 Address: 13969 Seal Beach Boulevard Applicant: Pacific Food Services Business: Seal Beach Market Property Owner: Frank H. Ayres & Son, L.P. Request: To amend hours of operation as approved through CUP #93-3 from 8:00 a.m. to 6:00 p.m. daily to 7:00 a.m. to 10:00 p.m. daily at an existing grocery market. 9. Development Aereement for Variance #93-1 (Public He~ring to be continued to 10/6/93) Address: 212 Main Street Applicants: Brian Kyle & Jim Klisanin Property Owners: Same Request: A request to approve a Development Agreement betwen the City of Seal Beach and the applicants as a condition of approval of Variance #93-1. ~. . . Pace 3. Seal Beacb P\anJIiDg CommilsioD ^t:eada for Seplember n. 1993 VI. ORAL COMMUNICATIONS VII. STAFF CONCERNS VIll. COMMISSION CONCERNS IX. ADJOURNl\ffiNT Pqe .. - Seal Beach I'IaDDiDc CommiuioD AaleDda ror September 21. 1993 :. 1993 AGENDA FORECAST: STAFF REPORTS PE1'.1)JNG: NOT AGENDIZED * CUP #93~_ 1005 PCH/Ted's Burgeri ACTION: CUP needed for video games. ST A TUS: Waiting for applicant to finalize application since latter part of July; City Attorney to contact. . ZTA #92-2 ~Dtertainment Cafes ACTION: City-wide policy statement on entertainment. STATUS: Pending City Manager's input. . ZTA # -- Crestview/Patio Setbacks ACTION: ZTA needed. ST A TUS: Director to prepare staff report. . CUP #92-1 901 Ocean/Tootsie's ACTION: Needs 12 mos. review for Poretti. STATUS: Restaurant apparently closed. Will not hold any hearing until new owner goes in. Poretti's notified by letter. . . Pace 5. Seal Beacb ftanmnc Commission Agenda for Sepl.ember n. 1993 . 1993 OCT 06 OCT 20 NOV 03 NOV 17 DEC 08 DEC 22 1994 JAN OS JAN 19 FEB 09 FEB 23 . MAR 09 MAR 23 APR 06 APR 20 MAY 04 MA Y 18 JUN 08 JUN 22 JUL 06 JUL 20 AUG 03 AUG 17 SEP 07 SEP 21 OCT OS OCT 19 NOV 09 NOV 23 DEC 07 DEC 21 . CUP #92-13/Papillon's @ 8 mos./entertainment CUP #92-20/148 Main St./John's Food King/ ABC [Review CUP #92-13 & CUP #92-20 at same meeting]. MPR #93-7146 Riversea/Battersby/2-story cabana. V AR #93-11212 Main/Kyle-Klisanin/Development Agreement CUP #92-7/UNOCAL/99 Marina Dr. (Continued from 7-21-93) VAR #93-71A-I04 Surfside CUP #92-19/Clancy's 12 mos. review CUP #92-22/322 Main/Nip'n Stuff/12 mos. review/ ABC CUP #92-24/1400 PCH/Glider Inn/12 most ABC CUP #92-26/3001 Old Ranch Pkwy/Tortilla Beach/12 mos/ABC CUP #92-13/Papillon's @ 8 mos./entertainment CUP #93-2/901 Ocean/Kinda Lahaina @ 12 most ABC CUP #92-19/Clancy's @ 12 mos/indefinite extension CUP #92-13/Papillon's @ 12 mos./indefinite extension for entertainment. Election of Chairman & Vice Chairman CUP #92-2/101 Main/SeaSide Grill/Review hours extension. . . . .~ CITY OF SEAL BEACH PLANNING COMMISSION MEETING MINUTES of SEPTEMBER 22, 1993 Chairman Dahlman called the regularly scheduled Planning Commission to order at 7:30 p.m. in City Council Chambers. PLEDGE OF ALLEGIANCE Commissioner Soukup led the Pledge of Allegiance. ROLL CALL Present: Chairman Dahlman Commissioners Soukup, Sharp, Law, Campbell Staff Present: De.partment of Development Services: Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Administrative Assistant Joan Fillmann, Executive Secretary WELCOME PATRICIA CAMPBELL The Commission welcomed Patricia Campbell, the newly appointed Planning Commissioner for District 4. HONORING PHILLIP FIFE Chairman Dahlman presented Planning Commission Resolution No. 93-44, thanking and honoring Phillip Fife for his five years of service to the City's Planning Commission. A plaque from the City Council was presented with their appreciation. Mr. Fife thanked the City for the opportunity to serve on the Planning Commission, the Planning Department staff for their work and the City Attorney's for their sound advice. CONSENT CALENDAR 1. Minutes of September 8, 1993 Regarding CUP #89-12, for Super Saver Cinema Seven, Mr. Steele said because the CUP is before the Commission on the City's motion to revoke the CUP, the order of persons speaking (at page 5) should be those in opposition speaking first and those speaking in favor second. --1j . MOTION by Sharp; SECOND by Dahlman to approve the Minutes of September 8, 1993 with the change as noted by the City Attorney. MOTION CARRIED: AYES: ABSTAIN: 4-0-1 Sharp, Dahlman, Law, Soukup Campbell CHANGE TO AGENDA With the Commission's consent, Item #9 was taken out of agendized order and considered first. . 9. Development Aereement for Variance #93-1 f:l!*~blk;H~<<~W"T' l*::t:~~d6bed fiFl0/6193) ~~. ~.:t~~g.to ,J,.... ....".. .. Address: 'ON""........ 21i'Main Street ~,.. . . Applicants: Brian Kyle & Jim Klisanin Property Owners: Same Request: A request to approve a Development Agreement between the City of Seal Beach and the applicants as a condition of approval of Variance #93-1. Mr. Whittenberg advised this Development Agreement had been Noticed in the newspaper. Due to the uncertainty of what was being agreed to in the Development Agreement, no Notices were mailed to property owners within 300' of 212 Main Street. He suggested the Commission wait and continue this matter at the agendized time. Chairman Dahlman announced the Development Agreement for Variance #93-1 will not be heard tonight, it will be continued. SCHEDULED MATTERS 2. Resolutions To Be Siped There are no resolutions to be signed at this time. 3. Staff Report for Information: Federal Reactive Organic Compounds Rate-of-Progress Plan - a South Coast Air Quality Management District Notice of Completion of a Draft Supplemental EIR. . Mr. Whittenberg said this is a copy of the report presented to the City Council on September 13, 1993. It advised the Council on a Federally- required air quality management program. The Council received and filed . . .. Page 3 . Seal Beach P1anDiog Colllllllssion Minutes for September 22, 1993 the report and instructed staff to provide copies to the Planning Commission and the Environmental Quality Control Board for information. [Staff report on file in the Planning Department]. MOTION by Sharp; SECOND by Law to receive and rIle the above- referenced staff report. MOTION CARRIED: A YES: 5-0-0 Sharp, Law, Dahlman, Soukup, Campbell *** 4. Staff Report for Infonnation: Review of Draft Supplemental EIR for the Selective Catalytic Reduction System for Alamitos Generating Station Unit 5. Mr. Whittenberg said this staff report was presented to the City Council on September 13th; the Council received and filed this report. [Staff report on file in the Planning Department]. The Council sent a letter to Southern California Edison and the South Coast Air Quality Management District indicating their concern that the mitigation measures presented in a previous EIR be incorporated into this new project. Chairman Dahlman said that from Marina Hill a low pitched hum can be heard coming from the direction of the DWP property, Southern California Edison or the Hellman Ranch oil wells. Mr. Whittenberg said this is the first he has heard of such a noise and had no idea where it is emanating from; staff will investigate. MOTION by Sharp; SECOND by Law to receive and file this staff report. MOTION CARRIED: A YES: 5-0-0 Sharp, Law, Dahlman, Law, Campbell 5. Resolutions for Infonnation: . City Council Resolution No. 4257 Height Variation #93-1 & Variance #93-3 1305 Sandpiper Drive . . . Page 4. Seal Beach l'IanolDg Commission Minutes ror September 22, 1993 . Provided for Infonnation to Planning Commission: City Council Resolution No. 4239 for CUP #92-23 and Variance #92-3 BJ's Pizzeria Mr. Whittenberg stated these resolutions are presented to the Commission to apprise them of City Council actions taken on appeals of Planning Commission decisions. MOTION by Sharp; SECOND by Dahlman to receive and me City Council Resolution Nos. 4257 and 4239. MOTION CARRIED: 5 - 0 - 0 AYES: Sharp, Law, Soukup, Dahlman, Campbell v. PUBLIC HEARINGS 6. Conditional Use Penn it #89-12 (~!9>>~~~d..t~~~"9:-"~'~) Address: 12343 Seal Beach Boulevard Business: Super Saver Cinema Seven Applicant: City of Seal Beach Property Owner: Century National Properties Request: 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. Steele noted this is a continued matter and the Public Hearing was opened at the September 8th Commission meeting to allow persons to testify who could not be present at tonight's meeting. In the intervening two weeks, the City received two letters from Richard Hall, Esquire, representing the owners of the theater. Mr. Hall informed the City the theater owner voluntarily terminated the use of the video games at the theater and surrendered CUP #89-12; letter attached to these Minutes for the Record. Staff has confirmed all the video games have been removed from the theater. Commissioner Campbell was not on the Commission at the time the original Public Hearing was opened and has been unable to view the video tape of the last meeting; Mr. Steele advised her to abstain from the vote. . . . Page 5 . Seal Beach I'IaIllliDc Commission Minutes for September n, 1993 There was no Commission objection and Chairman Dahlman closed the Public Hearing and accepted the applicant's letter of withdrawal. Commissioner Sharp stated he would make the Motion but did so with regrets because, without a CUP, the City and Planning Commission has lost any control over the theaters' operations. MOTION by Sharp; SECOND by Law to accept the surrender of Conditional Use Permit #89-12. MOTION CARRIED: A YES: ABSTAIN: 4-0-1 Sharp, Law, Dahlman, Soukup Campbell Chairman Dahlman said the theater's jurisdiction interfaces with the jurisdiction of the shopping center. He suggested the City might need CUPs for shopping centers. Mr. Whittenberg advised that some months ago, concerned area residents approached the City Council regarding issues on the parking lot noise. The City Council instructed the City Attorney's Office to review the noise issues and how the City might best approach this matter and achieve a resolution. This research is still on- going. Staff hopes to have a report back to the City Council within the next thirty to sixty days. At that time that might include additional actions coming before the Planning Commission. Commissioner Campbell stated that over the last several months she has heard from residents in the area of the theater that there is a security problem in that area --- cars have been broken into. However, she sees no mention of a security problem in the staff report and asked if it has been resolved. Mr. Whittenberg said he felt the security issue is one of individual perceptions by area residents, business operators, and the Police Department. Mr. Whittenberg said the City's Police Department cannot tie together the auto vandalism at the condominiums and individuals attending the theaters. The Police Department would indicate the auto vandalism is generated by local persons, not from out of town. Mr. Steele said those problems cannot easily be tied to the use of the video games at the theaters. Chairman Dahlman said he felt shopping centers should be subject to an approved CUP. He asked for a Commission consensus to let the City Council know the Commission feels this way. Mr. Whittenberg cautioned the Commission to not focus on a particular method of solving the problem. The City Attorney's Office is reviewing the issue in a broad . . . Page (; - Seal Beach l'IanuiD& CommissioD MiDules for September 22,1993 scope and there may be other ways they feel are more appropriate to approach the issue. It might be best to wait for their report. Mr. Steele said a CUP is one of the options under consideration as a basic enforcement tool. The Commission determined to do nothing at this time and wait for the report. *** 7. Conditional Use Pennit #91-14 Address: 3005 Old Ranch Parkway Business: Spaghettini Rotisserie & Grill Applicant: Cary Hardwick Property Owner: Bixby Ranch Company Request: Review for indefinite extension of CUP #91-14, an approved entertainment cafe at an existing restaurant. Staff Report Ms. Fillmann delivered the staff report. [Staff report on me in the Planning Department] . Commission Comments The Commission asked if there was any conflict with the hours. It was indicated that Resolution No. 1535, approved on AprilS, 1989, sets the hours of operation: Monday through Thursday 11:00 a.m. - 10:00 p.m. Friday and Saturday 11:00 a.m. - 11:00 p.m. Sunday 3:00 p.m. - 9:00 p.m. The indefinite extension for entertainment sets the hours for entertainment at: Wednesday thru Sunday 7:00 p.m. - 11:00 p.m. Therefore, on the nights that entertainment is allowed the restaurant will close at: Wednesday Thursday Friday Saturday Sunday 10:00 p.m. 10:00 p. m. 11:00 p.m. 11:00 p.m. 9:00 p.m. . . . Page 7 - Seal Beach Planning Commission Minutes for September n, 1993 Public Hearing The applicant was not present. There were no persons wishing to speak in favor of or against this application. The Public Hearing was closed. Commission Comments Chairman Dahlman asked what the status was of a City-wide entertainment ordinance? Commissioner Sharp felt that ordinance would pertain mainly to Main Street and Spaghettini's restaurant is not close to residences, their parking lot is. Chairman Dahlman wondered if an indefinite extension should be granted at this time. Commissioner Sharp said he felt it should granted because the City's has had the restaurant on probation for four years and there have been no problems. Mr. Whittenberg said when staff prepared a preliminary report regarding the issuance of entertainment licenses within the City, staff identified the establishments which had entertainment licenses and indicated that when a final ordinance was drafted, the intent would not be to foreclose those existing locations with valid entertainment permits. MOTION by Sharp; SECOND by Law to approve the indermite extension of Conditional Use Permit #91-14. MOTION CARRIED: A YES: 5-0-0 Sharp, Law, Campbell, Dahlman, Soukup A resolution will be prepared reflecting tonight's decision and will be brought back at the next meeting. *** 8. Conditional Use Permit #93-3 Address: 13969 Seal Beach Boulevard Applicant: Pacific Food Services Business: Seal Beach Market Property Owner: Frank H. Ayres & Son, L.P. Request: To amend hours of operation as approved through CUP #93-3 from 8:00 a.m. to 6:00 p.m. daily to 7:00 a.m. to 10:00 p.m. daily at an existing grocery market. Staff Report Mr. Curtis delivered the staff report. [Staff report on fIle in the Planning Department] . . . . Page 8 - Seal Beach Plalllliu& COIlllDlssloD MiDules for September 22, 1993 Commission Comments Commissioner Sharp said this market had been run down and was in very poor condition prior to its recent remodel. The remodel has made people want to go there and shop. Before there was no reason to stay open after 6:00 p.m. With the improved operation it's a different matter. Public Hearing The applicant was present but did not wish to make a statement. No one wished to speak in favor of or against this application. The Public Hearing was closed. Commission Comments Commissioner Soukup noted a discrepancy between the Owner's Affidavit and the applicant's requested hours of operation and asked if there was a conflict? Mr. Curtis said the staff report was based on the applicant's requested hours. MOTION by Soukup; SECOND by Sharp to approve Conditional Use Permit #92-12 through the adoption of Resolution No. 93-45, subject to the conditions presented in the staff report. MOTION CARRIED: A YES: 5-0-0 Soukup, Sharp, Dahlman, Law, Campbell *** 9. Development Aereement for Variance #93-1 ~lk~~!1iffio 1ilcon~Wed)1PI0/(j/~3) ........."ih............"$...........N'o.....'-: .................;!.. ..............;/.................;0... .....,,~.... Address: 212 Main Street Applicants: Brian Kyle & Jim Klisanin Property Owners: Same Request: A request to approve a Development Agreement between the City of Seal Beach and the applicants as a condition of approval of Variance #93-1. Again, Mr. Whittenberg said this item was not Noticed because negotiations are on-going between the City and the property owners. Staff recommends taking this matter off calendar. When the agreements are to be brought before the Commission staff will re-advertise in the newspaper and mail the 300' Notices. Commissioner Soukup said he would not be at the next meeting and didn't want this agendized for October 6th. . . . Page 9 - Seal Beach PlanDing CommissioD MiDules for September 22,1993 MOTION by Sharp; SECOND by Dahlman to table the Development Agreement for Variance #93-1 and to instruct staff to re-advertise under the requirements of the City's municipal Code at the time the matter is ready to be brought back before the Planning Commission. MOTION CARRIED: A YES: 5-0-0 Sharp, Dahlman, Law, Soukup, Campbell *** ORAL COMMUNICATIONS There were no oral communications from the audience. STAFF CONCERNS Mr. Steele stated the City Attorney's Office has updated the Planning Commission Orientation Manual and each Commissioner is provided with a copy. Chairman Dahlman asked if a swearing in process was necessary for new Planning Commissioners? Mr. Steele said no, an oath of office is required for elected officials but not for appointed officials in California. COMMISSION CONCERNS City Negotiations Commissioner Soukup, referencing the Super Saver Cinema Seven theater, said the City lost enforcement controls by having the CUP withdrawn, felt there was poor negotiation by staff, and suggested the staff be more adept at its procedure so noise abatement could be provided for cleaning. Regarding noise, Mr. Whittenberg said the municipal Code sets specific hours for construction activities while maintenance activities are addressed elsewhere in the ~ under the noise ordinance. The theater decided the City's conditions of approval did not make it economically worthwhile to maintain the video games. Some action was necessary to make the business aware that when violations of City requirements occur a penalty will be enforced. The issue of noise in the Rossmoor Center parking lot is more difficult to deal with. Leaning Brick Wall (il) Rossmoor Commissioner Sharp stated again that he is concerned about the leaning brick wall at Seal Beach Boulevard and Lampson A venue and asked for a status report. Mr. Whittenberg said Orange County, the Rossmoor Community Services District, the Rossmoor Homeowners Association and the City of Seal Beach are discussing a number of issues. These issues are not resolved to a point where he . . . Page 10 - Seal Beach l'IaJmiDg CommilsioD Minutes for September 22, I~ could report a final determination. It has been difficult to determine which portions of this wall are the responsibility of which organization. Commissioner Sharp expressed safety concerns for people who walk or ride bicycles near this wall. He felt that if nothing could be done about the wall the sidewalk should be torn out. Mr. Whittenberg said engineers have advised that if the sidewalk is removed, portions of the wall could collapse. Sidewalk removal could put the City of Seal Beach in the position of having to replace portions of a wall it has no responsibility to replace. Commissioner Campbell said many traffic accidents have occurred on Lampson Avenue between Candleberry and Heather. If a homeowner is fortunate, the person who hit a wall is insured, otherwise the homeowner is stuck with repair bills. The wall in question was built by builder Ross Cortese to encircle Rossmoor and is therefore his wall, and was Mr. Cortese's problem, not the City's problem. Mr. Whittenberg said the law is not that clear. The wall could be owned by three or four different owners. The wall is not clearly on one person's property. Commissioner Campbell said the property owner doesn't want to replace the wall because it will cost $16,000. She asked if there is any way the wall can be reinforced? Mr. Whittenberg said the engineers are working on solutions. With the onset of our rainy season, if the soils become saturated it could become a problem. Commissioner Campbell asked if there is a time frame for getting this done? Mr. Whittenberg said the City Manager's Office is negotiating these matters. Chairman Dahlman said that if the wall is a significant hazard to citizens" ... we could just take a City bulldozer and clear the wall out of there ...". Mr. Whittenberg said procedures must be followed to accomplish something like that. A property which is not in the City boundaries cannot be declared a public nuisance by the City of Seal Beach. Chairman Dahlman asked what could be done to protect people from this dangerous area? Mr. Whittenberg said he would hope people would see the wall is dangerous and would walk on the opposite sidewalk area. Chairman Dahlman said "I think it's time to act. This is an old, old issue. I'm getting tired of hearing about it". Mr. Whittenberg said the people who are dealing with this issue have not been able to get good, solid legal answers to where the parties feel they can proceed without exposing their individual interests to liabilities. . . . Page 11 - Seal Beach I'lanniDg CommlssulD Minntes for September n, 1993 Unocal - October 20th It was indicated that Unocal is scheduled for October 20th and Notices will be mailed to residents within 300' of the project. Trailer Vacated Chairman Dahlman asked for a status report on the trailer parked by the Water Tower. Mr. Curtis said the trailer has been vacated, no one lives in it. It is for sale to be relocated. Meeting re Installation Recovery Program. Naval Weapons Station Chairman Dahlman indicated an error appeared in one or two local newspapers, advertising the date for this meeting. The correct date is September 29, 1993 at 7:00 p.m. in City Council Chambers. The meeting will be run the Navy Department and State Department of Health Services. ADJOURNMENT Chairman Dahlman adjourned the meeting at 8:30 p.m. Respectfully Submitted, ~~~--. Joan Fillmann Recording Secretary APPROVAL: The Planning Commission approved the Minutes of September 22, 1993 on October 6, 1993. ~ . . . . . ~ 4111 S2at Beach Plalllllll6 \:\;','II'I~~\~~: susr.nmo ro~ fttt{lftD gJ1B'~~~JAlLoate q - ~a.-q ~ _' 'TAIl/LEV L.04AMli' DAVie lI.. IIDI'IlI'.'" '-ClIlIH ". IIU"E~~' UOIljA.D M. IlIAIIANGI. WI"L'''''' .. JON NI'TOIllI, .1111.. DEOllcr R I."'A' DO" ""'I(t ..I(...ON..... Il0tE,r,' W. "'lIIatRBoN WI~~'.1lI w.. He" ..rv. CLAIl< A. If".' .'CHAIIO L HA~~' Ill'.'" 'T. HOIlI!' ~~,.~V~' ':.1:::,.",,, .rN~ E D"'O~, .Ill. . II. SCan' JIrN"'..'. CHAa~I. J.DII'~.. tlA~1 II. PI"''' WILLI"M .. OIoRIl 1&&_-' a. ......,DA.. ...0.... O'HA...'OIll.-.flt aAND"" tiI. ......~..T LAUR" V. 'o\IIIIEI< MANN . MANN 8rNol"""'" W. ",,"III ,....,.31 IDoIII:", r. 1I....1iI '1'."0.' ........, ... ......N .....,... .. ..........." .......,.. .-....... ~.. LAWV... IiIIIl'N 'l.OO. .10' KAaT CO~C"ADCl .000Lr""U~D ~A8AClENA, CA~II"OIIlNIA 81101.'.77 6~ CClu'lIItL DEOIIIII I .......'.., e..... ~. "OINt 8eptemter 22, 1993 TtU:.WCHU (0'.) 7....,5. (lI1:.) .."..4' C...... "'"D_O:,,' "'AMNLNY ......uu: 0118)..8"31;7 '."C'IIDIDIII"L CO"POIl.~IO" V%A rACSIMILE TRANSMISSION City of Seal Seach 211 Eiqhth street Seal &eaCh, california Attention: Planning Co~~iss1on . Re: Conditional Use Permit 12-89 ~343 SAal Beaoh Bo~leYa~d Dear Honcrable Chairman and Planninq Commi..ion Members: Aftar ..ndinq my letter of September 20, 1993, I receivAa from Super Saver Cinema Seven a copy of the updated S~aff Raport aateQ September 22, 1993. Af~er qiving fur~er conEi~8rBt1on to this SUbject, our client has elected to voluntarily terminate the uaage of their ocin-Qperated aftusement devices as authorize4 un~er COP 12-8;. As of this dictation, all machines have been removed from the lob~y of the The5tre and placed 1n etar.qe. The Theatre manaqement felt that, for the momt part, the conditions sought to be impoced on it. operation haa no correlation to the uss ar the video ~ame. and rather th5n a..ume e confrontational posture in this reqard, .imply preferred to continue the Theatre operat10n without the video ,amee. In liqht of the above decision by the The5tre to voluntarily terminate the CUP 12-89, we assume that this will remove th18 it.m from the 690nda and that there will be no need fer an appearance at tonight's meeting on behalf of the ~heatre. By oopy of this letter, I would ask tb5t Hr. CUrtis qive me a call during business hours on Wednesday, September 22, to ad~i.e whether an appearance a~ ~onight's m..tinq on ~ehalr of the Theatre will be necessary. Very truly your., ~~ or HAHN , HAHN RUi:jek/837 CC: Mr. Barry curtis (via fax) STANLEY L. HAH N * DAIIID K. ROBINSON * tOREN H. RUSSEL.L. - L.EONARD M. MARANGI- WIL.L.IAM S. JOHNSTONE, JR.- GEORGE R. BAFFA- DON MIKE ANTHONY- .~ ROBERT W. ANDERSON WIL.L.IAM K. HENL.EY * CL.ARK R. BYAM- RICHARD L.. HAL.L.- SUSAN T. HOUSE- CARL. J. WEST. DIANNE H. BUKATA GENE E. GREGG. JR.- R. SCOTT JENKINS. CHARL.ES J. GREAIIES DAL.E R. PEL.CH WIL.L.IAM S. GARR KARL. I.SWAIDAN JOHN O'HAL.L.ORAN SANDRA K. MURPHY L.AURA II. FARBER HAHN ~ HAHN LAWYERS BENJAMIN W. HAHN IB68-1932 EDWIN F. HAHN 1872-1951 HERBERT L.. HAHN 1893-1982 A PARTNERSHIP INCLUDINQ PROFESSIONAL CORPORATIONS NINTH FL.OOR 301 EAST eOL.ORADO BOUL.EIIARD PASADENA. CALIFORNIA 91101-1977 OF COUNSEL. GEORGE E. ZIL.L.GITT EMRYS J. ROSS September 20, 1993 TEL.EPHONES (818) 796-9123 (213) 681-6948 CABL.E ADDRESS HAHNLAW FACS'MIL.E (818)449-7357 .PROFESSIONAL. CORPORATION City of Seal Beach Planning Commissior, SUBMITIED FOR RECORD 'I ~3~~ ~~4-Date q-:l:2 -'1 ~ _.~ VIA FEDERAL EXPRESS city of Seal Beach 211 Eighth Street Seal Beach, California Attention: Planning Commission Re: Conditional Use Permit 12-89 12343 Seal Beach Boulevard 4It Dear Honorable Chairman and Planning Commission Members: Our office represents Super Saver Cinema. We have been asked to review the Staff Report in connection with the captioned matter which was originally scheduled for hearing on September 8th but was continued to the calendar for September 22nd due to some problems that arose in the mailing of some of the notices. By way of background, we would point out that the subject CUP has been in force for approximately four years with no reported problems or violations. On Friday, September 3, 1993, Theatre management became aware of the September 8th hearing when a Theatre employee, Marty Valenbavich was given a copy of the Notice by the landlord of his apartment building. The apartment was located within a 300 foot radius of the theatre which is why the landlord received the notice directly from the City. Then, on Tuesday, September 7, 1993, Mr. curtis called Mr. Mahaney to inquire as to whether he had received the Notice and, at that time, faxed to Mr. Mahaney a courtesy copy of the Staff Report. 4It f . . . . City of Seal Beach september 20, 1993 Page 2. ~tv M Sea. 8each P'llnfdnt tiiftffiij'S~fl . SUBM/rrED FOR RECORD lJyJ<'("~oLJ.IIHl Date q- a~-cr3 On September 7th, Mr. Mahaney called our office and provided us with a copy of the Notice and Staff Report. Since, by this time, the hearing was to take place the very next day, I called the City and spoke with Mr. Whittenberg requesting that the matter be continued since it appeared that timely notice had not been given by the City. Mr. Whittenberg stated that it would not be possible to obtain a determination on this request for a continuance in advance of the September 8th hearing and that all parties should simply appear and state their request before the full Planning commission when it convened on September 8th. As the Commission will recall, at the hearing Mr. whittenberg stated that there had been some other notice problems relating to the Post Office returning some of the notices and suggested that this matter be continued to September 22nd. The matter was then officially continued to the september 22nd calendar except that any party who was present on September 8th, but would be unable to be present on September 22nd, was allowed to address the Commission. My notes indicate that three people did, in fact, address the Commission in opposition to the Theatre but that their comments were almost exclusively devoted to the issue of noise in the parking lot. As the Commission is aware, this is an entirely separate issue from the CUP with respect to the coin-operated amusement machines and is the subject of ongoing investigations, meetings and good faith efforts to address the neighbors' concerns in this area. Theatre management has participated in every meeting scheduled for this purpose over the last several months. As it relates specifically to the Notice Re: Consideration of Revocation of Conditional Use Permit 12-89 and the Staff Report in connection therewith, we have the following comments: 1. As noted above, the nine coin-operated amusement devices have been in operation at the Theatre for approximately four years without violation. 2. Once this matter came to the attention of Theatre management, it immediately implemented an internal plan to avoid possible future violations by moving the ticket taker to the front portion of the theatre where patrons enter. As such, it should no longer be possible for someone without a ticket to simply stray into the theatre lobby and utilize the machines. 3. It is interesting to note that the Bowling Alley next to the Theatre contains approximately sixteen (16) coin-operated amusement machines and two (2) pool tables and, of course, there is no restriction such as the requirement to . . . City of Seal Beach September 20, 1993 Page 3. City of Seal Beach Planning Commission SUBMITTED FOR RECORD BY~i.NIIII Oate q-~01-q3 - "-'-"- -~.........- _--31.:. T_ 1 purchase a ticket before entering the Bowling Alley that would screen out people who simply wanted to come on to the premises and use the amusement machines. certainly, it is hard to envision how someone playing the amusement device inside the Theatre, with or without a theatre ticket, can be the source of a problem when there are probably more people frequenting the Bowling Alley for this purpose. On balance, we would hope that the fact that this is a first violation and that the theatre has immediately implemented a procedure to prevent any future violations would weigh in the Planning Commission's determination as to the appropriate course of action and we would request that the use permit not be suspended for the period of fifteen to thirty days referenced in the Staff Report. In the event, however, that the Commission did accept the recommendation contained in the Staff Report and utilized the Resolution wording which appears on page three of the Staff Report, the language used in Condition Two appears somewhat vague. We believe that the concept should be that the use permit "will be automatically reinstated _ days after the adoption of the Resolution unless, before expiration of the _____ day period, a further violation occurs with respect to one or more of the conditions of approval." We will be present at the September 22nd hearing and would be happy to discuss any of the above points or address any questions or concerns that any Commission member may have but we thought that it might be helpful to relay the above comments in writing in advance of the hearing. Very truly yours, ~~# Richard L. Hall of HAHN & HAHN RLH: j ekj 831 cc: Super Saver Cinema Attn: Mr. Dennis Mahaney