Loading...
HomeMy WebLinkAboutPC Min 1997-02-19 "\ / t ..:, -,' ~ . '. . . j' CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for FEBRUARY 19, 1997 7:30 P.M. · City Council Chambers 211 Eigbth Street, Seal Beacb, CA 90740 Next Resolution: 97-5 I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. AGENDA APPRqV AL By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the agenda; (b) Re-arrange the order of the Agenda; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. IV. ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the 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 considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning Commission, staff or the public requests a specific item be removed from the Consent Calendar for separate action. 1. Approve Planning Commission Minutes of February 5, 1997 VI. SCHEDULED MATTERS 2. Approve Resolution 97-3 re ZT A 96-8 re Seal Beach Trailer Park The City of Seal Beach complies with the Americans With Disabilities Act of 1990. Should you need assistance to attend or participate in this meeting. please telephone the City Clerk's Office at (562) 431-2527. ~ City of Seal Beach Planning Commission Agenda · February 19, 1997 '. VII. PUBLIC HEARINGS . . 3. Conditional Use Permit 97-1 Address: Applicant: Business: Request: Recommendation: VIII. STAFF CONCE~S IX. COMMISSION CONCERNS X. ADJOURNMENT 12147 Seal Beach Boulevard The 4 Amigos Yucatan GriU Approval ofa new Conditional Use Permit #97-1, an alcohol-related land use entitlement allowing the sale and service of beer and wine at the Yucatan GriU. Approve CUP 97-1, subject to Conditions of Approval. The City of Seal Beach complies with the Americans With Disabilities Act of 1990, Should you need assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (562) 431-2527, 2 ~ . ~ City of Seal Beach Planning Commission Agenda * February 19, 1997 . 1997 AGENDA FORECAST DATE ACTION ADDRESS NOTES March 05 VAR 93-1 (Cont.) 121 Main St. Revocation March 19 Dr. Hood absent April 09 ZTA 97-1 Electric Vehicles April Oi9 Ho~sing Element Revision 97-1 April 09 Hellman Ranch TENTATIVE April 23 May 07 May 21 June 04 . June 18 July 09 Election Chairman & VC July 09 CUP 96-1 Seal Beach Mkt. 12 mos. Review July 23 August 06 August 20 September 03 September 17 October 08 October 22 November 05 CUP 94-4 770 PCH BK - Indefinite November 19 December 03 . December 17 The City of Seal Beach complies with the Americans With Disabilities Act of 1990. Should you need assistance to attend or participate in this meeting, please telephone the City Clerk's Office at (562) 431-2527. 3 . , . . "f CITY OF SEAL BEACH PLANNING COMMISSION Minutes of February 19, 1997 The City of Seal Beach Planning Commission met in regular session at 7:30 p.m. in City Council Chambers. The meeting began with the Salute to the Flag. ROLL CALL Present: Also Present: Chairman Brown Commissioners Sharp, Law, Hood, Yost Department of Development Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Associate Planner Joan Fillmann, Executive Secretary Chairman Brown explained Commissioner Yost had an emergency surgery and would attempt to make the meeting. MOTION by Sharp; SECOND by Law to excuse Commissioner Yost's absence (or late arrival). MOTION CARRIED: AYES: ABSENT: AGENDA APPRO V AL 4-0-1 Brown, Sharp, Hood, Law Yost MOTION by Hood; SECOND by Sharp to approve the agenda as presented. MOTION CARRIED: AYES: ABSENT: 4-0-1 Hood, Sharp, Brown, Law Yost ORAL COMMUNICATIONS There were no oral communications. CONSENT CALENDAR MOTION by Sharp; SECOND by Hood to approve the Consent Calendar as presented: 1. Approve Planning Commission Minutes of February 5, 1997. City of Seal Beach Planning Commission * Minutes of February 19.1997 e MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Hood, Law, Brown Yost SCHEDULED MATTERS Commissioner Hood explained he would abstain from voting as he was not present at that meeting. MOTION by Sharp; SECOND by Law to approve Resolution 97-3 re Zoning Text Amendment 96-8 on the Seal Beach Trailer Park. MOTION CARRIED: AYES: ABSTAIN: ABSENT: 3-0-1-1 Sharp, Law, Brown Hood Yost Commissioner Yost arrived at 7:40 p.m. PUBLIC HEARING e 2. Conditional Use Permit 97-1 12147 Seal Beach Boulevard Staff Report Mrs. Fillmann presented the staff report. [Staff report on file in the Planning Department for reference]. The applicants, the 4 Amigos, requested Planning Commission approval for a new Conditional Use Permit (CUP) for an alcohol-related land use entitlement at 12147 Seal Beach Boulevard. The applicants want to serve beer and wine at a soon-to-be established restaurant, the Yucatan Grill. This would be a new CUP as the prior licensee surrendered his #41 license in 1989. Commission Questions on Staff Report . Exiting the Patio Commissioner Sharp asked if patrons could exit the patio without going past a restaurant employee? Mrs. Fillmann said yes. This was not brought out in the staff report but the patio has three entries, one main entry arch in the center at the sidewalk and two opening at each side of the patio near the main building. She suggested the applicants close both side openings. Commissioner Sharp said he was concerned because it's illegal for patrons of a restaurant to walk off-site with alcoholic beverages in hand. He noted Baja Bill's restaurant, a prior occupant of this site, to serve alcoholic beverages in glass containers on the patio. Mrs. Fillmann noted the Building Inspector indicated the original plans called for a patio cover plus shutters --- to give the patio area a Mexican style. The 2 City of Seal Beach Planning Commission * Minutes of Febroary 19. 1997 e City's plancheck engineer would not allow this. She suggested the applicant could speak on how they could close off these openings. Bathroom Entry Commissioner Yost asked if the bathrooms were entered from the outside? Mrs. Fillmann said yes, you would have to walk to the rear of the building and enter them from the outside. He asked if exterior restrooms were consistent with existing regulations for restaurants? Mr. Whittenberg said yes, regulations do not require restroom to be accessible from the interior of the building. ADA Requirements Chairman Brown asked about the Americans With Disabilities Act (ADA) requirements not being met at this restaurant. Mr. Whittenberg said the ADA allows that if the cost exceeds a certain percentage of the costs of remodeling, the upgrade to handicapped bathrooms would not be required. In this case, because the two exterior bathrooms are cinder block, the Building Official determined compliance with ADA would not be required. e Operating Hours Chairman Brown discussed the hours of operation at Rossmoor Center versus the Old Town area. He asked if the merchants in the Rossmoor Center were allowed to choose their own operating hours. Mr. Whittenberg said several merchants in the Rossmoor Center have operating hours set by CUP approvals. He said the Planning Commission has not been as concerned at the Rossmoor Center as it has been in the Old Town area to keep the operating hours similar in nature. Chairman Brown indicated the City has allowed the Rossmoor Center tenants to select their own operating hours. Mr. Whittenberg agreed, indicating the tenant's choices have been acceptable to the Commission. He noted this is at the Planning Commission's discretion and if the Commission feels the hours are inappropriate the Commission can modify them as part of the approval. Public Hearing Charles Robinson * 11731 Foster Road. Rossmoor. CA Mr. Robinson, an applicant, talked about the entries and exits to the patio. He explained there is one main entry arch off the sidewalk as patrons would drive up to the restaurant. They will put gates in there; a wooden door. Originally they wanted to install shutters but that was denied by the plan checker. A podium will be placed inside that door where a host/hostess will greet patrons and will control the flow of guests into the restaurant. The side entrances will be gated; this must be accessible as a second fire exit. It will be secured. . Chairman Brown asked ifthere would be panic hardware on this side entry? Mr. Robinson said no. The gate must be openable during business hours but it will be a 3 City of Seal Beach Planning Commission * Minutes of February 19, 1997 e double door which can open out. It will be easy for the employees to see if a patron is going in or out of that entry. Commissioner Sharp said the gate doesn't have to be left open, just unlocked. Mr. Robinson said the side gate will be the way to access the exterior bathrooms. Commissioner Sharp asked if he could place a "Fire Exit Only" sign on the side gate? Mr. Robinson said that could be done, but the restaurant is quite small. The four waiters they plan to have can keep an eye on everything. He felt that if people want to use the bathrooms they don't want them to have to go out the front entrance to go around. He felt the side patio entry should be accessible for the patrons to use in that way. Commissioner Brown said the plans say "Future Expansion" and asked what that meant? Mr. Robinson said that was something the applicants had talked about. The original business, Taco Bell, had plans to use the side alley between this restaurant and the H&R Block building. At this time they have an issue with the City's plancheck engineer concerning the patio roof cover and this whole issue is unresolved at this time. Commissioner Sharp asked Mr. Whittenberg if any future expansion to the restaurant were planned would it have to come before the Planning Commission? Mr. Whittenberg said yes. . Mr. Whittenberg asked Mr. Robinson if he had read the Conditions of Approval and if he agreed to abide by them? Mr. Robinson said yes and he found none objectionable. There were no persons in the audience wishing to speak in favor of or against this application. The Chair closed the Public Hearing. Commission Comments Commissioner Sharp said in the past the Planning Commission was quite concerned that the alcohol be consumed on the premises. He had no concerns with their serving beer and wine, indicating it was almost mandatory for them to stay in business. But he wanted to be certain the alcoholic beverages were only consumed on the premises. Mr. Whittenberg said there's a Condition of Approval which indicates this is required. Should the City receive complaints that this is not occurring the CUP would be brought back to the Commission for revocation. . Commissioner Hood said he was not in favor of granting this application. He was concerned that there are two guidelines which have both been exceeded. This is a high crime area and should not be excused as a "bunch of purse snatchings and nice gentle crimes as opposed to terrible crimes that come from drinking too much alcohol in a restaurant". Additionally, it is a patio area which often have problems. Thirdly, this area is 50% above the concentration limit on ABC licenses. The concentration limit allows 5 on-sale licenses and this would make our figures 9 sites selling liquor. This is too many in one area --- it's over-concentrated and in a high crime area and has a patio. He 4 City of Seal Beach Planning Commission * Minutes of February 19, 1997 '. questioned the Police Department's reply, indicating it says "has no reservations" but there appear to be no grounds on which to deny this application". That does not mean they endorse it. It doesn't mean they have no reservations. It means that legally there are no grounds to deny it. In view of the problems near the Super Saver Cinema theatres he was not enthused about an additional liquor license in this area. Commissioner Sharp said there is a new Police sub-station in the Rossmoor Center. Commissioner Hood asked if that meant the Police would apprehend the criminals more quickly? Commissioner Sharp said the Police sub-station on the City's pier has deterred crime. He noted Police Department personnel and volunteers staff the sub-station in the Rossmoor Center. e Mr. Whittenberg explained staff's rationale on why it recommended approval, even though the proposal is in a high-crime and over-concentrated area. There are two main commercial areas in the City, Main Street and Rossmoor Center. Those two areas generate most of the City's commercial activity and they are primary locations for restaurants. Because of the restaurants and the additional commercial activities in the areas, those are traditionally high crime areas just by the nature of the land use. Staff didn't think this was a restaurant-caused issue. Secondly, regarding over-concentration of ABC licenses, staff would hope restaurants would gravitate to these areas. They bring people to the area to shop. Also, census tract #18 is over-concentrated with ABC licenses but the two census tracts which comprise Leisure World have no on-premise alcohol licenses in them at all and"... are totally under-concentrated". Staff felt the Rossmoor Center covers the population in Leisure World. The ABC guidelines are strictly guidelines, the City can use that information or determine not to use it --- that's why there's a hearing process --- to decide whether it would be appropriate, despite the statistics, to allow a license in that area. The City had experience at this location for two years with an outside patio area that caused no problems to the City in any manner. Based on that, the City feels it's still an appropriate use. Ifa problem should occur, there are mechanisms to bring those issues back before the Commission and deal with it. Commissioner Law said she felt the patrons who would use this restaurant would be local residents and would be older. She didn't feel that a person having a beer or a glass of wine in that restaurant would increase the crime in any way. While the statistics do show high crime and over-concentration she felt there are other restaurants in that same area who have beer and wine licenses and to not allow Yucatan Grill to have beer and wine would be unfair. She couldn't imagine crime being increased by their having a beer and wine license. Chairman Brown asked if the City of Seal Beach, as a whole, was over-concentrated in ABC licenses? Mr. Whittenberg said he couldn't confirm that because he would have to calculate the Citywide figures first. e Chairman Brown felt staffwas correct in saying that this is a shopping area, it's where restaurants are located and it's where they should be located. The big distinction to make between Main Street businesses and Rossmoor Center businesses is that the residences 5 . e e - City of Seal Beach Planning Commission. Minutes of February 19,1997 are far away from the Rossmoor Center businesses. The problems caused by businesses are not as noticeable to those residents. He didn't have any problem with approving this application and felt the shopping center could use a good Mexican restaurant. Commissioner Yost said he had concerns with the over-concentration of liquor licenses in the area but felt it was balanced against somebody's rights or abilities to operate a business and to make it function in an area in which there are other restaurants with ABC licenses. He didn't see the Yucatan Grill as a place where the primary activity would be drinking. The way it's physically set up and the way in which it was presented --- it seems more of an eating establishment in which someone could have a beer. "I have some concerns but I don't think they're enough for me to vote against it at this point". MOTION by Sharp; SECOND by Law to approve Resolution No. 97-5, thus approving Conditional Use Permit 97-1, subject to Conditions of Approval as outlined in the staff report and resolution. MOTION CARRIED: AYES: NOES: 4-1-0 Sharp, Law, Brown, Yost Hood Mr. Steele advised the applicant on the ten calendar-day appeal period, which will begin tomorrow. ST AFF CONCERNS There were no staff concerns. COMMlSSION CONCERNS Commissioner Yost said that although he was on vacation for the February 5, 1997 Planning Commission meeting he did review the Minutes of that meeting thoroughly and was looking forward"... with some degree of trepidation. .." to the next meeting at which the Commission will discuss the issue on the in-lieu parking fees. Mr. Whittenberg said that matter will be heard on March 5th. ADJOURNMENT The Chair adjourned the meeting at 8:35 p.m. Respectfully s:\ 00.- + · *-" ,0..-,,...,,. Joan Fillmann Executive Secretary Planning Department 6