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HomeMy WebLinkAboutPC Min 1994-03-23 . . . CITY OF SEAL BEACH PLANNING COMMISSION MEETING AGENDA of MARCH 23, 1994 7:30 P.M. * City Council Chamhers 211 Eighth Street, Seal Beach, CA Next Resolution: #94-9 I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF AGENDA IV. ORAL COMMUNICATIONS At this time, memhers of the puhlic may address the Planning Commission regarding any items within the suhject matter jurisdiction of thtl Planning commission, provided that NO action or discussion may be undertaken by the Planning Commission unless otherwise authorized by law. V. CONSENT CALENDAR Items on the Consent Calendar are considcred to bc routinc and are enacted by one motion unless prior to enactment. a member of the Planning commission. stalT or the public requests that a specific item be removed from Consent Calendar for separate action. 1. Minutes of March 9, 1994 VI. SCHEDULED MA TIERS 2. Discussion of Planning Commission Agenda Format VII. PUBLIC HEARINGS 3. Conditional Use Permit #93-2 Applicant: Address: Business: Property Owners: Request: Kathryn Duran 901 Ocean Avenue Kinda Lahaina Restaurant Elaine Wells and Carline Giers Planning Commission review and approval of an indetinite extension for an alcohol-related land use entitlement at an existing restaurant. The City of Seal Beach complies with the Americans with Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please call the City Clerk's office at (310) 431-2527 at least 48 hours prior to the meeting_ . . . VIII. ST AFF CONCERNS 4. Information Item: Installation of Thermal/Catalytic Oxidizer for Soil Contamination Remediation at 12541 Seal Beach Boulevard (Chevron). IX. COMMISSION CONCERNS X. ADJOURNMENT The City of Seal Beach complies with the Americans with Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please call the City Clerk's office at (310) 431-2527 at least 48 hours prior to the meeting. . . . Page 3 - Cily of Scal Beach Planning Cllml1lis~ion Agendn of Murch 23. 1994 1994 AGENDA FORECAST APitd6 " .. ~~rr..T?EAt>LJNE: MAR ~ [No new applications received by deadline date] APR to CITY. DEAJ)UNE; MAR 16 GP A #94-1 & ZC #94- ire' ExxonlUnocal on Marina Drive V AR #94-1 @ 345 10th St./Water Safe Swim School M4! 04 . . CITY DEAD4IN~: . CITY DEADUNE: 'APR 13 .... MAR 30 .....i...". .... ~~~:C'-.f..1~:::.';.;.." . JUN"Os .. CITY DEADLINE: MAY 04 CUP #92-19/Clancy's @ 12 mos/indefinite tlxtension ruN 22 . CtTY DBA:DLrNE~" MAY 18 JUL:06 :... . crTY DEADLINE: JUN 01 Election of Chairman & Vice Chairman CUP #92-2/101 Main/SeaSide Grill/Review hours extension. ~~'~~:':":'::'::',.:'..:...:.~r DEA'qUNE: rUN 1~ AUO"'n3 ,. ...... .:. "CITY DEADLINE: JUN 29 , , clJP #92-26/review of Tortilla Beach for receipt of ABC lie. & conditions. ",y,q, :F,,,:, .. ' '. .~TY DEADLINE: ' JUL 13 SBP 07 '.CITY DEAt;)LlNE; AUO 03 SEP..21. . .... "9tTY DEADLrINE: AVO 17 ... OCT, O~. .. Cr~Y DE~DLINE: AUG 31 '. OCT 19 q.~y. DEADLINE: SEP 14 ~~V 09 . . CITY DEADLINE: ' QCT 05 N9Y..:~~... :..:':, . . : CITY I)EAI?LrNE: OCT 19 DEe 07 . .. ' CITY ''OEADLINE: NOY 02 CUP #93-13/PapiIlon'l> @ 12 mos.lindef. exten. of tlntertainment. The City of Seal Beach complies with the Americans with Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please call the City Clerk's office at (310) 431-2527 at least 48 hours prior to the meeting. Page 4 - City of Seal Beach Planning ConlllliNhion Agenda of March 23. 1994 . :qJ!;q:,~,~'::',:,:i:,;::;,: '" CITY DEADLlN~: . ' ,Noy 16 STAFF REPORTS PENDING: NOT AGENDIZED . ZTA #92-2 Entertailiri1ent Caf~s: ACTION: City-wide policy statement on entertainment. STATUS: Pending City Manager's input. . GPA #94-1 & ZC #94-1 ACTION: Rum Runner's Property 1995 JAN CUP #92-13/143 Main/Papillon's/12 mos entertainment CUP #92-25/1400 PCH/Glider Inn/indetinite extension FEB MAR CUP #94-11600 Marina/Radisson 12 mos. ABC . ~he City of Seal Beach complies with the Americans with Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please call the City Clerk's office at (310) 431-2527 at least 48 hours prior to the meeting. . . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of MARCH 23, 1994 The City of Seal Beach Planning Commission met in regular session at 7:35 p.m. with Chairman Dahlman calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Chairman Dahlman Commissioners Law, Campbell, Sharp Also Present: De.partment of Develo.pment Services: Craig Steele, Assistant City Attorney Lee Whittenberg, Director Joan Fillmann, Executive Secretary Absent: Commissioner Soukup Barry Curtis, Administrative Assistant Without Commission objection, Chairman Dahlman excused Commissioner Soukup's absence. APPROVAL OF AGENDA MOTION by Sharp; Second by Campbell to approve the Planning Commi~sion Agenda of March 23, 1994. AYES: Sharp, Campbell, Dahlman, Law ABSENT: Soukup ORAL COMMIlNICATIOlSS There were no oral communications from the audience. CONSENT CALENDAR 1. Minutes of March 9, 1994 Chairman Dahlman requested the Minutes be extracted from the Consent Calendar for discussion. Commissioner Campbell provided four pages of verbatim Minutes which she transcribed from the March 9th Commission meeting, which were not recorded onto the original audio tape of the meeting. Page 2 - City of Seal Beach Planning Commission Minutes * March 23, 1994 . Two additions to the Minutes were suggested for page 15: 1. Chairman Dahlman said that if that is the only Agenda item, subject to change, then there would be no need to hold a meeting and thus we could save considerable City funds. 2. If a decision will make a material financial effect upon a Planning Commissioner then hel she should not participate or appear to participate. The Minutes will have Commissioner Campbell's pages inserted, starting at the bottom of page 21, including the deletion of the present page 22. MOTION by Law; SECOND by Campbell to approve the March 9, 1994 Planning Commi~ion Minutes as amended. AYES: ABSTAIN: ABSENT: Law, Campbell, Dahlman Sharp Soukup . SCHEDULED MATIERS 2. Discussion of Planning Commi~sion Agenda Format Mr. Whittenberg said the City Attorney has recommended changes to the Planning Commission's agenda format based on recent Brown Act changes. Mr. Steele explained that on April 1, 1994 a major set of amendments to the State's open meeting laws will take effect; the Brown Act. The change of tonight's agenda is a two-pronged effort: (1) to ensure all City agendas comply with the Brown Act and posting requirements and (2) in cooperation with the City Clerk and City Manager, to make the Planning Commission agendas more consistent with City Council agendas. Mr. Steele explained each agenda category: Pledge of Allegiance - This will remain the same. Roll Call - This will remain the same. . Approval of Agenda - Presently, the Brown Act requires the Planning Commission agenda be posted 72 hours prior to a meeting. The new Brown Act requires the Commission formalize and approve its agenda at the beginning of each meeting so the public will know in which order items will be discussed; a formal motion and vote will . . . Page 3 - City of Seal Beach Planning Commission Minutes * March 23, 1994 be needed. If a Commissioner or a member of the public wants to request any item on the Consent Calendar be removed for discussion, this is the appropriate time to do that. Once approved, the agenda must proceed as approved. Commissioners may not discuss nor take action on any item not agendized. Oral Communications - This has been moved to the beginning of the meeting to match the City Council's practice. The Brown Act requires the public be given every opportunity to speak on any item on the agenda prior to any discussion or action being taken on those items. This allows the public to speak on non-public hearing or consent calendar items. Mr. Steel stated the new Brown Act is much stricter regarding the response(s) or discussion(s) that Commissioners can have to public comments. The new legislation allows staff to give a brief response in terms of directing that member of the public to the proper office within the City that could answer a question, or providing a status report on a particular subject. The Planning Commissioners are prohibited from entering into discussion on any item that doesn't appear on the agenda. If an item appears on the agenda, when the meeting gets to that item, the Commissioner may have the discussion. Consent Calendar - This is provided by State law as an administrative convenience, although it is more applicable to the City Council. It enables the Planning Commission to take one action to deal with a number of different matters. If there is no need for discussion, the Commission can take one vote on all the items. The Commission's new practice will be to take all items together, rather than the old practice of having a separate vote on each resolution. If a Commissioner believes a Consent Calendar item needs further discussion, or if the Commissioner intends to vote differently on one item than s/he would on the remaining Consent Calendar items, the Chairman needs to be notified of that during the Agenda Approval period and have that item removed from the Consent Calendar for separate consideration. That item will be considered and voted on after the Consent Calendar vote is taken. Any member of the public may request an item be removed from the Consent Calendar. Scheduled Matters - This will not appear on the Commission's agenda frequently. A typical Scheduled Matter would be this type of discussion or a study session on a particular issue. Public Hearings - This will remain the same. Staff Concerns and Commission Concerns - The new Brown Act is rigid regarding what can be discussed. Staff must agendize in advance any item staff is going to raise that will be discussed by the Commission. An unagendized item that has not arisen since the agenda was posted, making the need to discuss it having come up within the last 72 hours, cannot be discussed by the Commission. If a Commissioner intends to bring an item before the Commission under Commission Concerns, and intends discussion take . . . Page 4 - City of Seal Beach Planning Commission Minutes * March 23, 1994 place, that issue needs to be agendized. This is done by getting in touch with staff prior to the agenda preparation. The Brown Act now states that any time the Commission is discussing anything which could be classified as City business, and is discussing it with a quorum of this Commission present, it must be placed on the agenda in advance. Chairman Dahlman asked if this is the procedure for an item known about more than 72 hours in advance? Mr. Steele said yes, and noted two exceptions: 1. Knowledge Gained Between Agenda Pre,paration and the Meeting: If a Commissioner doesn't know about an item 72 hours in advance, and if it's something where an action or discussion is necessary at that next meeting, this will be dealt with separately. A vote will be taken to determine if the item should be added to the agenda based on the need to discuss it arising since the time the agenda was posted. 2. One-Way Discussion with Staff: If a Commissioner has a concern and wants it agendized, slhe may have a one-way discussion with staff, asking for it to be agendized. A simple request is allowed and this type of discussion does not have to be agendized in advance. If collective deliberation with no decision is anticipated, that must be agendized in advance. Mr. Steel said the Commission must be vigilant in limiting non-agenda discussions. He noted that while the meetings have always been friendly, the District Attorney's prosecution of Brown Act violations are unfriendly. The new criminal standards under the Brown Act, with regard to prosecution, make it very easy for prosecutors to bring this type of case. Mr. Whittenberg said the Planning Commission agendas are prepared and posted on Friday, before the Wednesday meeting. If the Commissioners have something they would like agendized they should call staff a week before the regularly scheduled Wednesday Commission meeting. Mr. Whittenberg suggested that as there are issues of Commission concern, staff could list those concerns with a brief status report as a formal agenda item. Mr. Steele added the Brown Act standard is the need to take action arose since the posting of the agenda. If a situation merely comes to a Commissioner's attention, and there's no pressing need to take action, the matter should be placed on a future agenda. If there's an emergency situation, where there's an absolute need to take action at a meeting, then there will be an attempt to obtain a four-fifths (4/5) vote of the Commission required to have that matter discussed and an action taken at that meeting. Page S - City of Seal Beach Planning Commission Minutes * March 23, 1994 . PUBLIC HEARINGS . . 3. Conditional Use Permit #93-2 Applicant: Kathryn Duran Address: 901 Ocean Avenue Business: Kinda LaHaina Restaurant Property Owners: Elaine Wells and Caroline Giers Staff Re,port Mrs. Fillmann presented the staff report. [Staff report on file in the Planning Department]. The applicant requests Planning Commission review and approval of an indefinite extension for an alcohol-related land use entitlement at an existing restaurant. Commission Comments on Staff Re,port Chairman Dahlman asked if any communications had been received regarding CUP #93-2? Ms. Fillmann said no. Public Hearing Mr. and Mrs. Duran were present and indicated they were in agreement with the staff report and its Conditions of Approval. No members of the public wished to speak in favor of or against this application; the Public Hearing was closed. Commissioner Sharp asked if these applications would be subject to new parking fees if they were established? Mr. Whittenberg said their existing agreement would require them to abide by any new fees. Commission Comments Chairman Dahlman wondered if this matter should be held over until Commissioner Soukup was in attendance? It was noted that this item had been on the Agenda Forecast and Commissioner Soukup knew it was going to be heard and did not request its being carried over. MOTION by Sharp; SECOND by Law to approve Resolution No. 94-9, approving an indefmite extension for an alcohol-related land use entitlement at an existing restaurant, Kinda LaHaina, at 901 Ocean Avenue. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Law, Campbell, Dahlman Soukup Mr. Whittenberg explained that this vote is the final Planning Commission action and begins the ten calendar day appeal period, after which the action is fmal or is heard by the City Council. Page 6 - City of Seal Beach Planning Commission Minutes * March 23, 1994 . STAFF CONCERNS 4. Information Item: Installation of ThermaVCatalytic Oxidizer for Soil Contamination Remediation at 12541 Seal Beach Boulevard (Chevron). Mr. Whittenberg explained a piece of equipment will be placed at this site for 12 to 24 months to remediate soil hydrocarbons from underground gasoline tank leaks. The equipment was approved by the Orange County Fire Department and U.S. EPA and the South Coast Air Quality Management District. The Commission Received and Filed this report. No Items Agendized for April 6, 1994 Mr. Whittenberg indicated staff has no items scheduled for the April 6, 1994 Commission agenda. There will be no meeting on April 6th unless an issue comes up that needs action. The meeting needs to be held and adjourned, by staff, for lack of a quorum but the Planning Commissioners are not expected to attend. Staff recommended scheduling the CEQA Study Session for May 4th as Commissioner Campbell said she will be absent from the May 18th meeting. . COMMISSION CONCERNS Meeting Format Policy Chairman Dahlman said the Commission will have potentially long meetings coming up regarding the Bixby project. He felt the Commission needs to discuss how to approach public input on matters that may go on for weeks. Staff suggested this be agendized after the CEQA Study Session on May 4th. Commissioner Campbell asked what the City Council's policy is regarding time? Staff said there is no set policy. They have a five minute per speaker time limit for Oral Communications but not for Public Hearing items. At one time they discussed ending their meetings at 11:00 p.m. but never acted on this. . Referencing Commissioner Campbell's minutes transcript, Chairman Dahlman asked if, under an approved CUP the rights accorded run with the land, isn't the Commission granting the CUP to the property owner rather than the applicant? In the case of Ruby's, can't the property owner waive his rights under the 90 day rule, even though the applicant objects? Mr. Steele said that under the Permit Streamlining Act, the applicant is the person to whom the benefits of the permit run. In that situation, you're granting a permit to operate a restaurant, to have the uses associated with the restaurant and to expand the restaurant operation. The benefits of the permit are running to the restaurant operator. Without that permit, the property owner will still have a pier and a structure out there. But the lessee will not have a restaurant. Chairman Dahlman asked why, if the present establishment closes down the business, the next business owner . . . .; .. Page 7 - City of Seal Beach Planning Commission Minutes * March 23, 1994 doesn't have to apply again? Mr. Steele said two different legal issues are being crossed. The CUP concept, the land use entitlement running with the land is a different issue than which person is the applicant for purposes of the benefits of a particular permit. If Ruby's went out of business, and a different entity wanted to operate another type of business on the pier, that entity would have to come back for a different permit because of the change in use. Mr. Whittenberg said that in order for a business to operate at the end of the pier, an operator must enter into a lease agreement with the City; this is over and above an approved CUP. Commissioner Dahlman asked that if the Commission acted timely on a portion of a request, under the 90 day rule, and sent the remainder of the request back to staff for further study would the Commission get another 90 days to consider that portion? Mr. Steele said he would prefer to report back to the Commission on that question. Commissioner Shatp Getting Well Commissioner Sharp thanked everyone, during his recent surgery, for their thoughtful cards and calls. ADJQ~~ Chairman Dahlman adjourned the meeting at 8:31 p.m. This meeting was adjourned to the regularly scheduled April 6, 1994. There are no agendized items for April 6th and the next meeting will be April 20th. Respectfully Submitted: ~o~e-r,~ Joan Fillmann Recording Secretary APPROVAL: The Planning Commission Minutes~f March 23, 1994 were approved by the Planning Commission on April..a0:?t994. ~