HomeMy WebLinkAboutCC AG PKT 2009-06-08 #QAGENDA STAFF REPORT
DATE: June 8, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager ,
FROM: Lee Whittenberg, Director of Development Services
PREPARED BY: Mark Persico, AICP, City Manager's Office
SUBJECT: MAIN STREET SPECIFIC PLAN DISCUSSION
SUMMARY OF REQUEST:
At the May 11, 2009, City Council meeting the issue of the mix of uses and the
number of alcohol Conditional Use Permits ( "CUPs ") along Main Street was
discussed. The City Council directed staff to review the Main Street Specific Plan
and present options for Council consideration.
BACKGROUND:
The Main Street Specific Plan was adopted in July 1996 with the vision of
fostering "economic diversity with a mix of offices and businesses." The Plan also
recognized that the area would serve "both residents and visitors, [but] the goal is
to not have visitor serving uses overwhelm the area at the expense of the small
town character."
Since adoption of the Specific Plan a number of issues have arisen and this
report will address the three most significant that staff has heard:
1. Is Main Street becoming dominated by too many of one type of use,
specifically restaurants?
2. Are there too many CUPs for the sale of alcoholic beverage on Main
Street?
3. Is there enough parking along Main Street?
Mix of Uses Along Main Street
The 1996 Plan used the conventional zoning approach to addressing land uses
within the planning area by including tables of permitted and conditionally
permitted uses. But the Plan also strove for "balance" because there was, and
still is, an overall feeling that what made Seal Beach unique was the fact that
Main Street functioned as a true main street. The street catered to both residents
and visitors with a full range of uses including a hardware store, bicycle shop,
banks, bookstores, restaurants and a variety of offices. Main Street was, and still
Agenda Item Q
Page 2
is, a place where neighbors randomly meet neighbors. As architect Louis Kahn
said, "a street is a room by agreement" and Main Street is the City's community
room.
Developing a set of standards that codifies that sense of community is always a
challenge, particularly as demographics and community expectations change.
Accordingly, staff recommends that the Main Street Specific Plan be revisited so
that staff and the Planning Commission can consider recommendations to the
Council addressing these issues. As part of the study, the Planning Commission
and staff can consider, among other issues, proposing that the Specific Plan be
amended to:
1. Establish a cap on land uses within the Specific Plan and /or;
2. Establish a numerical target for uses within the Specific Plan and /or;
3. Develop additional review procedures
Numerical targets provide the most flexibility to the decision making body while
giving staff and potential business owners a sense of what is the ideal mix of
uses. Specifics of the program could be developed at future Planning
Commission workshops with recommendations brought back to the Council. But
to give the Council a sense of how the targets would work; an example might be:
Not more than 60% of the uses (or total floor area) within a block face
should be occupied by one type or category of use.
Whatever the final formula is, a new permit procedure probably also makes
sense. Some cities require a planned development permit when there has been a
substantial change in the nature of the use. Under a commercial planned
development permit procedure approval is required when uses change; such as
a retail use changing to an office, or food use. Similarly when an office use
changes to a retail or food use a planned development permit would be required.
Staff would suggest that the Council and Commission further explore the planned
development permit option. This will no doubt add time and expense to opening a
business, but in the end the benefits to the City outweigh the costs to the
individual business.
As part of the Study, staff recommends that the City conduct a survey of existing
uses to determine how each use fits into the mix.
Over concentration of ABC Liquor Licenses in Downtown
The State Department of Alcoholic Beverage Control (ABC) is the body that
issues liquor licenses. In turn, Seal Beach requires a CUP for the sale of
alcoholic beverages for on -site ( "on- sale ") or off -site ( "off- sale ") consumption.
Thus, no new establishment may sell alcoholic beverages on Main Street unless
the owner first obtains a CUP from the City and an ABC license from the ABC. In
1994, a new state law authorized ABC to establish a standard for number of ABC
permits per capita. Prior to 1994, there was no standard. Since 1994, ABC has
Page 3
analyzed each community' in order to ascertain whether any area has too many
on -sale and off -sale establishments. After 1994 (but prior to the time the Council
adopted the Main Street Specific Plan in 1996) the ABC designated the area
including Main Street as an area of "over concentration." However, an ABC
designation of "over concentration" does not mean that the ABC will revoke
existing licenses or not issue any additional licenses. Establishments with
existing ABC licenses may continue to exercise the rights conferred by the
license, provided the establishment complies with all the laws, regulations and
conditions imposed by the local jurisdiction, which, in this case, is Seal Beach.
As to new applications for ABC licenses for on -sale alcohol proposed for over
concentrated areas, ABC will defer to the local jurisdiction. In other words, if
Seal Beach issues a CUP to an establishment to permit it to sell alcohol for on-
site consumption in an area of over - concentration, ABC will typically defer to the
City and issue the ABC license.
The tables below show 1996 data and 2009 ABC license data. However, the
1996 data only indicates total ABC licenses, where the 2009 data indicates on-
sale and off -sale licenses separately.
1996
Census
Over Concept a Threshold
Actual ABC Permits in Census Tract
Tract
(On and off -sale)
(On & Off sale)
995.05
13
33
Actual ABC Permits in
Census
20 in Downtown
2009
Over
Over
Actual ABC Permits
Actual ABC Permits in
Census
Concentration
Concentration
n
i Census Tract
Census Tract
Tract
Threshold
Threshold
(On -sale)
(Off -sale)
(On -sale)
(Off -sale)
15
3
995.11
4
2
14 in Downtown
2 in Downtown
13
4
995.12
3
2
5 in Downtown
0 in Downtown
s;
"Total
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As the tables above indicate, there has only been one completely new license
granted for Downtown between 1996 and 2009. That fact does not minimize the
reality that the area is still over concentrated per ABC standards, but the facts
show 20 total licenses in 1996 and 21 in 2009.
The issue of restaurants and alcohol licenses are interrelated because
restaurants typically request alcohol permits. Fine dining restaurants desire
alcohol service because alcohol is a major profit center for the business. Smaller
Page 4
shops, such as sandwich or taco stands, typically have lower overhead
costs and can be profitable without alcohol services. An important issue to
remember is the permanence of the decision, because Conditional Use Permits
are tied to the property address and "run with the land." Conditional Use Permits
can be revoked if the operator fails to comply with conditions of approval, or if the
business has "ceased to exist or been suspended for more than one year." But
the burden of proof showing violation of conditions or lapse of use falls upon the
City, and revoking the property right granted by a CUP is an arduous and
expensive undertaking for the City. Some Cities issue limited duration CUPs
which have a "sunset clause" under which the CUP expires after a certain period
of time. If so directed, staff and the City Attorney can explore this option.
Options:
1. Establish a procedure to review all new Conditional Use Permits on a 1 -5-
year schedule.
2. Establish a higher level of review for proposed Conditional Use Permits if
the area is deemed "over concentrated" per ABC standards.
3. Consider creating sunset clauses.
Adequate Parking
In order to create a pedestrian friendly environment and encourage visitors to
walk along Main Street, the parking standards are set at a lower level in
Downtown than for the rest of the City. This practice is universally practiced by
cities across the nation and has many benefits to Seal Beach. Getting people out
of their cars and walking is an important goal of the City's.
The issue arises when buildings convert from a general retail use to a more
intensive use. Currently there are three ways a business owner can meet the
increased parking demand: on -site, securing additional parking off -site but within
300 feet of the business, or payment of a one time in -lieu fee of $3,500 per stall.
Recognizing that the City is updating the Local Coastal Plan (LCP) and that
some of these options are contingent upon the final LCP, we would suggest that
the Council defer decisions on parking until the LCP is adopted.
Options:
1. Creation of a valet permit and valet parking system in Downtown;
2. Expand the distance between a business and it's off -site parking from 300
feet to 1000 or 1500 feet;
3. Greater use of the pier parking lot, by making parking free after 5:00 p.m.;
4. Expanded hours of operation at the pier parking lot on Friday and
Saturday evenings;
5. Increase the in -lieu parking fee and explore the purchase /construction of
additional public parking lots;
Page 5
Each of these options has pros and cons and should be fully explored after
adoption of the Local Coastal Plan.
CITY COUNCIL OPTIONS:
Direct staff and the Planning Commission to revisit the Main Street Specific Plan,
with particular focus on the proper mix of uses along Main Street, options
include:
1. Establishing a cap on land uses within the Specific Plan and /or;
2. Establishing a numerical target for uses'within the Specific Plan and /or;
3. Developing additional review procedures.
OTHER CITY COUNCIL OPTIONS INCLUDE
Over concentration of Liquor Licenses in Downtown
1. Establish a procedure to review all new Conditional Use Permits on a 1 -5-
year schedule.
2. Establish a higher level of review for proposed Conditional Use Permits if
the area is deemed "over concentrated" per ABC standards.
3. Consider sunset clauses.
Adequate Parking
1. Creation of a valet permit and valet parking system in Downtown.
2. Expand the distance between a business and it's off -site parking from 300
feet to 1000 or 1500 feet.
3. Greater use of the pier parking lot, by making parking free after 5:00 p.m.
4. Expanded hours of operation at the pier parking lot on Friday and
Saturday evenings.
5. Increase the in -lieu parking fee and exploration of purchasing additional
public parking lots.
FINANCIAL IMPACT:
There is no direct fiscal impact to the City.
RECOMMENDATION:
After receipt of public comment, staff recommends that the City Council:
1. Provide direction to the Planning Commission regarding desired options.
2. Refer the matter to the Commission and have the Commission report back to
the Council in 90 days.
SUBMITTED BY:
e `JVhittenberg,
Director of Development Service
NOTED AND APPROVED:
avid Carmany, i y Man ger
Attachment(s):
A. ABC Licenses in the City of Seal Beach
B. Staff report from May 11, 2009 Council Meeting
California Department of Alcoholic Beverage Control
For the city of SEAL BEACH- (Retail Licenses)
Report as of 5/20/2009
r
License
[ Status
License
Original
Expiration
Primary Owner and Premises
Business
I Mailing
Number
Type
Issue Date
� Date
Address
Name
i Address
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442933
ACT
+ F
41
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8/31!2009
9!27/2006
r ON GABRIEL CHARLES�T
GORD
131 1/2 MAIN ST
SEAL BEACH, CA 90740 -6316
Census Tract: 0995.11
BEACHWOOD
BARBECUE
16251 BIRDIE LANE
HUNTINGTON
BEACH, CA 92649
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41
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1 1/16/2003
12/31/2009
BALCHIN CAROLYN LOUISE
� 15 1ST ST
► SEAL BEACH, CA 90740
Census Tract: 0995.11
RIVERS END
CAFE
157 SAVONA WALK
LONG BEACH, CA
I 90803
i
3)
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474089
ACT
41
i
I 2/23/2009
1/31/2010
FIRST SERVE TENNIS INC
3900 LAMPSON AVE
i
( SEAL BEACH, CA 90740 -2716
Census Tract: 1100.12
FIRST SERVE
TENNIS INC
1040 PARK AVE
LONG BEACH, CA
80804 -4361
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441049
ACT
57
8/23/2006
7/31/2009
I OLD RANCH COUNTRY CLUB LLC
4 3901 LAMPSON AVE
SEAL BEACH, CA 90740
Census Tract: 1100.12
OLD RANCH
COUNTRY
CLUB
'
9/11/2000
8/31/2009
OUR CLUBHOUSE
101 MAIN ST
SEAL BEACH, CA 90740
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SEASIDE
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SEAL BEACH, CA
90740
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362593
ACT
41
CLANCY'S SALOON INC
6)
230940
ACT
48
7/19/1989
10/31/2009
111 MAIN ST
SEAL BEACH, CA 90740
Census Tract: 0995.11
CLANCY'S
SALOON
SEAL BEACH LIQUOR INC
7)
406434
ACT
21
11/25/2003
7/31/2009
112 MAIN ST
SEAL BEACH, CA 90740
SEAL BEACH
LIQUOR
Census Tract: 0995.11
1 of 8
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MARIS CHARLENE R
8)
149051
ACT
41
1/12/1984
1/31/2010
i 115 MAIN ST
SEAL BEACH, CA 90740
TACO SURF
f
Census Tract: 0995.11
SRITHAI INC
9)
473971
ACT
41
2/4/2009
1/31/2010
117 MAIN ST
SEAL BEACH, CA 90740 -6316
THAI ON MAIN
Census Tract: 0995.11
IRISHER
10)
401347
ACT
48
7/21/2003
2/28/2010
121 MAIN ST
SEAL BEACH, CA 90740
IRISHER
Census Tract: 0995.11
MARCIULIANO ANGELO RAFAELE
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420586
ACT
20
1/18/2005
12/31/2009
i 133 MAIN ST
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ITALIAN DELI
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LOPEZ MARIA
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396465
ACT
41
3/6/2003
i
2/28/2010
137 MAIN ST
SEAL BEACH, CA 90740
OLD TOWN
CAFE
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366733
ACT
47
8/28/2000
8/31/2009
140 MAIN ST
I SEAL BEACH, CA 90740
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349809
ACT
47
10/7/1999
9/30/2009 i
�HENNESSEY'S TAVERN INC
143 MAIN ST
HENNESSEY'S
1845 S ELENA AVE
REDONDO BEACH,
S EAL 0
TAVERN
CA 90277
Census Tract: 0995.11
15)
170334
ACT
47
5/24/1985
4/30/2010
BABCOCK MONA K
201 -205 MAIN ST
SEAL BEACH, CA 90740
WALT'S
WHARF
201 MAIN ST
SEAL BEACH, CA
Census Tract: 0995.11
0740
WOODY'S DINER INC
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426273
ACT
41
7/21/2005
6/30/2009
209 MAIN ST
SEAL BEACH, CA 90740
WOODY'S
DINER
Census Tract: 0995.11
VINO VOYAGE LLC
17)
466826
ACT
42
8/7/2008
E
7/31/2009
302 MAIN ST
SEAL BEACH, CA 90740 -6320
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303 -305 MAIN ST
SEAL B EACH,
Tact: 0995 0740
LIGGETT JAMES WILLIAM
306 MAIN ST
SEAL BEACH, CA 90740
Census Tract: 0995.12
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47
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SEAL BEACH, CA 90740 -6382
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ACT
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7/3/2008
2/28/2010
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320 MAIN ST
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306625
ACT
41
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4/4/1995
TABRIZI MOHAMAD
330 MAIN ST F
I SEAL BEACH, CA 90740
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21 .i
11/29/2006
I 11/30/2009
MARINA LIQUOR MARKET INC
412 MARINA DR
SEAL BEACH, CA 90740 -6025
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MARINA
LIQUOR _
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24327
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ACT
20
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4/1/1968
7/31/2009
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1430 OCEAN AVE
SEAL BEACH, CA 90740
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205810
ACT
41
9/8/1987
10/31/2009
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9 0 OCEAN AVEPO
SEAL BEACH, CA 90740
Census Tract: 0995.11
RUBY'S
BOX 780571
WICHITA, KS 67278
26) .
282518
ACT
47
4/30/1993
3/31/2010 ,I
DURAN JACK R
901 OCEAN AVE
SEAL BEACH, CA 90740
Census Tract: 0995.11
27)
324143
ACT
41
1/22/1997
�
12/31/2009
1
DIAZ ANGELICA
909 OCEAN AVE
SEAL BEACH, CA 90740
Census Tract: 0995.11
EL BURRITO
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433800
ACT
47
1/3/2006
BNP ENTERPRISES INC
12/31/2009 3001 OLD RANCH PKWY
SEAL BEACH, CA 90740
Census Tract: 1100.08
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47
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30
217014
ACT
58
10/5/2001
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4/30/2010 SEAL BEACH, CA 90740
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457434
ACT
41
10/17/2007
9/30/2009 1013 PACIFIC COAST HWY
SEAL BEACH, CA 90740 -6214
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425242
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1025 PACIFIC COAST HWY
5/31/2009 i SEAL BEACH, CA 90740
I Census Tract: 0995.12
VONS COMPANIES INC THE
I 1101 PACIFIC COAST HWY
6/30/2009 ; SEAL BEACH, CA 90740 -6245
Census Tract: 0995.12
GARFIELD BEACH CVS LLC
! 1111 PACIFIC COAST HWY
6/30/2009 i SEAL BEACH CA 90740
I Census Tract: 0995.12
COACH'S
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GRILL
VONS 2803 _
618 MICHILLINDA
AVE
ARCADIA, CA 91007- ;
6300
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8843
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02895 -6146
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35)
457708
ACT
41
10/3/2007
9/30/2009 1198 PACIFIC COAST HWY
SEAL BEACH, CA 90740 -6248
BLACKBOARD
BISTRO
—
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214978 ;[
ACT
20
7/6/1988
6/30/2009
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SEAL BEACH, CA 90740
Census Tract: 0995.12
7 ELEVEN
2174 21231
BOX 2245
BREA, CA 92822 -
2245
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�-
37
369829
ACT
47
10/17/2000 9/30/20 09
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SEAL BEACH, CA 90740
MAHE
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1 372342
ACT 1 42
i
( 1/12/2001
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HUTTON MICHAEL LLOYD
1500 PACIFIC COAST HWY
SEAL BEACH, CA 90740
I Census Tract: 0995.12
; DAVE'S
I OTHER PLACE
38 WELCOME LN
SEAL BEACH, CA
90740
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21
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1780 PACIFIC COAST HWY
SEAL BEACH, CA 90740 -6209
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40)
441425
ACT
21
8/11/2006
7/31/2009
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LIQUOR
KIM CHONG HWA
! 462 PACIFIC COAST HWY
SEAL BEACH CA 90740
Census Tract: 0995.12
SESLER PATRICIA ANN
16580 BORDEAUX
41)
323645
ACT
47
12/23/1996
11/3012009
500 PACIFIC COAST HWY
SEAL BEACH, CA 90740
PATTY'S
PLACE
LN
HUNTINGTON
Census Tract: 0995.12
I
HARBOUR, CA 92649
TULAY FELIX GUERRERO J
42
420746
ACT
47
1/3/2005
12/31/2009
550 PACIFIC COAST HWY
SEAL BEACH, CA 90740
YUCATAN
GRILL
I
i
Census Tract: 0995.12
PHUENGSOMBOONYING
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292893
ACT
•
41
4/5/1994
! 3/31/2010
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600 PACIFIC COAST HWY
SEAL BEACH, CA 90740
Census Tract: 0995.12
THAI CUISINE
RESTAURANT
j
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FINBAR'S
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419972
ACT
47
12/10/2004
11/30/2009
620 PACIFIC COAST HWY
ITALIAN
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SEAL BEACH, CA 90740
KITCHEN
I
Census Tract: 0995.12
45)
446170
ACT
21
6/4/2007
6/30/2009
GARFIELD BEACH CVS LLC
921 PACIFIC COAST HWY
SEAL BEACH, CA 90740 -6244
Census Tract: 0995.04
CVS
PHARMACY
gg43
1 CVS DRIVE
WOONSOCKET, RI
02895 -6146
F
SHORE HOUSE CAFE INC
520 MAIN ST
46)
403997
ACT
47
4/29/2005
I
8/31/2009
941 PACIFIC COAST HWY
SEAL BEACH, CA 90740
SHORE
HOUSE CAFE
HUNTINGTON
BEACH, CA 92648-
Census Tract: 0995.12
,
5134
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87363
ACT
j
41
I
( 5/12/1980
3/31/2010
600 PACIFIC COAST HWY A
SEAL BEACH, CA 90740
RESTAURANT
KOI
i
Census Tract: 0995.12
48)
56
4072
ACT
47
9/5/2007
8/31/2009
CALIFORNIA PIZZA KITCHEN INC
12171 SEAL BEACH BLVD
SEAL BEACH, CA 90740 -2633
Census Tract: 1100.08
i CALIFORNIA
I PIZZA
KITCHEN
6053 W CENTURY
BLVD
LOS ANGELES, CA
( 90045 -6400
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49
455478
ACT
20
10/11/2007
�
9/30/2009
12205 SEAL BEACH BLVD
SEAL BEACH, CA 90740 -2634
WINESTYLE
Census Tract: 1100.08
FREE RUN ENTERPRISES LLC
50)
455478
ACT
; 42
10/11/2007
j 9/30/2009
12205 SEAL BEACH BLVD
SEAL BEACH, CA 90740 -2634
WINESTYLE
Census Tract: 1100.08
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453763
ACT
` 41
i
f 7/9/2007
i 6/30/2009
PEI WEI ASIAN DINER INC
12235 SEAL BEACH BLVD
SEAL BEACH, CA 90740 -2634
!
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DINER
7676 E PINNACLE
PEAK RD
SCOTTSDALE, AZ
I
Census Tract: 1100.08
85255 -3404
52)
460139
ACT
41
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12/17/2007 j
I
11/30/2009
I C P I N C
12241 SEAL BEACH BLVD
SEAL BEACH, CA 90740 -2634
Census Tract: 1100.08 I
MEL'S
DRIVE IN
PO BOX 82219
LAS VEGAS, NV
89180 -2219
TARGET CORPORATION
1000 NICOLLET
53)
400809
ACT
20
12/19/2003 (
11/30/2009
12300 SEAL BEACH BLVD
SEAL BEACH, CA 90740
TARGET 1328
MALL
MINNEAPOLIS, MN
1
Census Tract: 1100.12
55403 -2542
54)
462359
ACT
20
8/7/2008
7/31/2009
SPROUTS FARMERS MARKET LLC
12301 SEAL BEACH BLVD
SEAL BEACH, CA 90740 -2708
Census Tract: 1100.08
SPROUTS
FARMERS
MARKET
11811 N TATUM
BLVD
PHOENIX, AZ 85028 -
1643
55)
382107
ACT
47
5/8/2002
4/30/2010
ISLANDS XVII LLC
12320 SEAL BEACH BLVD
SEAL BEACH, CA 90740
Census Tract: 1100.12
ISLANDS FINE
BURGERS &
DRINKS
5750 FLEET ST STE
120
CARLSBAD, CA
92008 -4709
7of8
BRINKER RESTAURANT
1 i CORPORATION
ROMANO'S
6820 LBJ FWY
56)
381061
ACT i 47 9/16/2002 8/31/2009 i 12380 SEAL BEACH BLVD
MACARONI
DALLAS, TX 75240 -
1 ! SEAL BEACH, CA 90740 -2709
` GRILL 255
6515
Census Tract: 1100.12
I
- -- - '-- • - -
-- i i 1 ' RUBIO'S RESTAURANTS INC
RUBIO'S
- J
� 1902 WRIGHT PL
57)
383001
12420 SEAL BEACH BLVD
ACT 41 1/2/2002 12/31/2009 i SEAL BEACH, CA 90740
FRESH
MEXICAN
I CARLSBAD, CA
! = Census Tract: 1100.12
I GRILL 160
I 92008 -6583
r
SANTA FE IMPORTERS INC
12430 SEAL BEACH BLVD
SANTA FE
1401 SANTA FE AVE '
58)
463060
ACT 41
4/23/2008
3/31/2010
SEAL BEACH, CA 90740 -2791
IMPORTERS
LONG BEACH, CA
!
Census Tract: 1100.12
`
90813
i
I NEW ALBERTSONS INC
PO BOX 20
59)
440855
I R65 21
8/23/2006
I 6/30/2009
12451 SEAL BEACH BLVD
ALBERTSONS
i BOISE, I 83726- 3726-
SEAL BEACH, CA 90740
1
i
i
1
Census Tract: 1100.08
RALPH'S GROCERY COMPANY
_
i PO BOX 54143
60)
407468
ACT I 21
i 12/31/2003
i 6/30/2009
+ 12470 SEAL BEACH BLVD
RALPH'S 604
LOS ANGELES, CA
i
y
! SEAL BEACH, CA 90740
90054 -0143
i
:
i
!
i Census Tract: 1100.12
i
,
61)
406220
'
ACT 47
6/3/2004
5/31/2009
BARGER ROBERT MICHAEL
12489 SEAL BEACH BLVD SEAL BEACH, CA 90740
MARIE
CALLENDER
Census Tract: 1100.08
PIE SHOP 38
62)
f
439338
ACT
21
7/10/2006
-
6/30/2009
GARFIELD BEACH CVS LLC
� SEAL BEACH BLVD
i SEAL BEACH, CA 90740
CVS
PHARMACY
-
1 CVS DR
WOONSOCKET, RI
9551
02895 -6146
r
Census Tract: 1100.12
63)
386587
ACT
70
7/8/2002
6/30/2009
SEAL BEACH HOTEL L -PSHIP
12850 SEAL BEACH BLVD
SEAL BEACH, CA 90740
AYRES HOTEL
355 BRISTOL ST
COSTA MESA, CA
Census Tract: 1100.12
92626 -7938
TAHVILDARI FARSHID
—�
64)
360861
ACT
41
4/27/2000
3/31/2009
13956 SEAL BEACH BLVD
SEAL BEACH, CA 90740 -5301
LAYLAS CAFE
Census Tract: 0995.02
7of8
- )l
67)
- - -End of Report - --
For a definition of codes, view our glossary.
PACIFIC FOOD SERVICES INC
PING
1932 OAK
1 335612
R65
I
21
i
! 2/10/1998 ! 1/31/2010
1
13960 SEAL BEACH BLVD SEAL BEACH
SEAL BEACH, CA 90740 -5301 1 MARKET
DR
TRABUCO CANYON
I
i
Census Tract: 0995.10
CA 92679
LONGS DRUG STORES ,
I
i
I
CALIFORNIA INC !
LONGS
PO BOX 5010
467532
R65
I' 21
8/4/2008 6/30/2009
j
13960 SEAL BEACH BLVD j
DRUGS
SEAL BEACH, CA 90740 -5301 1
ANTIOCH, CA 94531-,
5010
I
I
!
Census Tract: 0995.10
TAHVILDARI FARSHID
13956 SEAL BEACH -
304854
R65
47
3/8/199 E 2940 WESTMINSTER AVE PRIMROSE
5 5/31/2009 j SEAL BEACH, CA 90740 I RESTAURANT
BLVD
SEAL BEACH, CA
Census Tract: 0995.04
90740 -5301
- - -End of Report - --
For a definition of codes, view our glossary.
DATE: May 11, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Devel
SUBJECT RESTAURANT USES AND ALCOHOL LIC999
RESTRICTIONS AS TO NUMBER OF BUST
LOCATIONS ON MAIN STR'EETt
SUMMARY OF REQUEST:
rM
City Council to consider Staff report and pi
future desired actions by staff, the Plann
address concerns and issues as may be id(
APRIL 2009 COtVSI
210 MAIN STREET:
In response to
wine
DERATION BY
amendment to place afiii
with alcohol licenses, that
The main concerns
related to:
n to Staff regarding any
on and City Council to
City Council.
COMMISS,GWRE: CUP 09 -3
discussion at the Ap "(8 Planning Commission meeting
Permit 09 - to permit anew restaurant with an on- premise
nse staff has reviewetl the City Council and Planning
rtes between December 2005 and now to determine what
jrned in that timeoperiod to develop a Zoning Code
,ate'
mencatcap on4the number of restaurants, or restaurants
Auld`bL6- locate' within the Main Street Specific Plan area.
during the Planning Commission public hearing were
❑ Possible over- coKentration of restaurant uses on Main Street;
❑ Over - concentration of liquor licenses on Main Street;
0 Impacts on parking in residential areas due to parking for restaurant
�customers_arJ or employees; and
Q Eck Hof additional parking spaces created by use of the in -lieu parking
Agenda Item R
Page 2
The Planning Commission Minute except of April 8 regarding Conditional Use Permit
09 -3 is provided as Attachment 1 for the information of the City Council.
CURRENT CITY CODE PROVISIONS REGARDING ALCOHOL
The City currently requires approval of a Conditional Use Permit (CUP) fo
business that wishes to engage in either the on- premise or off- premise sal
alcoholic beverages. This process requires a ; public hearing before the Planr
Commission, with a mailed notice to all property owners and residential
commercial occupants within 300 feet of the subject 2prertMepy"'ili-e ePlanr
Commission has the discretion to either approve the r�qu nor reqg
based on the public testimony, and the ability to make the required findings,€of
City Municipal Code. A decision of the Planning Commission may be appealec
the City Council within 10 days of the decision of ttfielP! nning Commission.
There are two sets of "findings" that must be made by the Fanning Commission in
determining to approve a conditional us :permit. The first se of findings applies to
that require a CUP a roval ci `awde�and are: g PP
projects q PP ly
❑ The use is consistent with the provisions-of the Ci s General Plan, and is
also consistent with the remaining elements ofttie City's General Plan, as
the policies of those elements are consis'teri with, and reflected in, the
Land Use Element...
❑ The use is compat b e with surrounding us e "s pan the community in
general, and is not detrimentalM ttie'beighborhoM .
❑ The subjectct property is adequate 'RAslze, shape, topography and location
to meet the needs of the use of the property.
❑ Required to applicable building and fire codes ensures ther
will be acequ ;ate water supply and utilities for the use.
Trt second set of 1indmgs applies to all proper6�es within the Main Street Specific
:P an area that require approval of a CUP. These additional findings are:
❑ The proposed use�isrconsistentwith the intent and purpose and vision
established for the MainfSee Specific Plan.
❑ The proposed use does not conflict with the Specific Plan's goal to
establish and maintain a balanced mix of uses that serve the needs of
both local and nonX local populations.
❑ The use will con#Ribute to the unique character of Main Street and the
qualities that provide Main Street a sense of identity.
Q The proposed use complies with all applicable City Council Policies, such
M ''has the°po cies the Council has adopted concerning alcohol uses.
r'
Page 3
CITY OF BERKELEY ZONING CODE PROVISIONS RE:
LIMITATIONS ":
Staff recently reviewed the City of Berkeley Zoning Code, and it sbir con
provisions regarding "Numerical Limitations," as was considered by the City i the
formulation of the Main Street Specific Plan revision in the mid- 1990s. Staff has _also
requested information from the Berkeley Plannfng Department A to what process
and the types of analysis was undertaken to formulate the "numerical limitations
provisions of their Zoning Code. The City of Berkeley h respond =and indicates
that to the best of their recollection there was no detai�lecf anafy "sls p pared. tier.
"numerical limitations" were based on the number of the particular type�of tiuslows
operation that were in business at the time the applicable ordinance provisions were
adopted to ensure that the number of the particular I �siness did not become any
greater.' Included as Attachment 2 is langlyage.a. ` ne of the four different
commercial zoning districts in Berkeley whic"`hcontains sucha "numerical limitation"
provision.
DECEMBER 2005 CONSIDERATION
MAIN STREET SPECIFIC PLAN ZONE:
VATHIN THE
Provided below is a summa o vari ra�ns ous conside and actions by the City
Council regarding the iss _ 1 e �' Y establishing a nurnencal cap on the number of
Conditional Use Pe. its for alcoho sales °thin the Main.. et Speck Plan area in
December of 2005.
Date
Considering Bod�and Summar ftf Actions
12 -12 -05
Council Meeting Minutes; Jja
Actions after discussion:
t y uncil
..�'..,
'1lmith no objection from the Council:
a Mayor requested ' in the ordinances that
= wo $ d give the Plannin ( -- ;Commission the authority to make
tie determination `� ether in -lieu parking should be
grant : thr'ough :application process.
® TheMayor requested that the staff take a more neutral
position in the Planning Commission Staff Reports with
regards to granting alcohol licenses — present the
information as to the current number of licenses in that
area and the impact — do not give a staff recommendation.
Yos .moved, second by Levitt to receive and file the staff
repast. °
A lec Meeting Minutes are on file and available in City Hall)
1 E -Mail response from Wendy Cosin, Deputy Planning Director, City of Berkeley, April 17, 2009
Page 4
DECEMBER 2005 CONSIDERATION OF ALCOHOL LICENSES WITHIN THE
MAIN STREET SPECIFIC PLAN ZONE: (Continued) A
Date
Considering BodyJRnc(SLimnia"of
r Y Actions
12-12-05
' City Council Staff Revort:
1) Overview of Public Concerns re: Alcohol Licenses:
• Why Consider Additional Alcohol Sales Establishments on Main
Street?
• Why Doesn't the City Prohibit Such Ap fl. 0- s?
2) Information from Planning Commission
November 9.2005: — M
• Overconcentration of Alcoholic Beverage, Licenses; and
Licenses; and
• Approving Alcohol Licensesin'. Me c c! ntrated Areas.
3 Current In-Lieu Parking P 91 n9V iSffeet Specific Plan 7nnp
(Full Staff Report is on file an07q%llable in City
CITY CONSIDERATIONS DURING
PLAN:
FAAIN STREET SPECIFIC
Staff has also complet ]0a! Coin -& Minutes and Planning
Commission Mii -p
Ring the tMe -
b all C ity
T e bd,.f the consideflation and adoption of
Main Street Specifi
- 9
; th' - g
' Plan Revision 1 96 .0 bd.
the 1, 995 6 11: 0996 time period.
Provided below summary AsTa summa of those deliberations andN 03W
a of the Planning
K, w
Commission an C ity Council
Date Considering :Body 41SUmm a *, bfActions
-96 tiftouncil Minutes'
Ocinse Calendar Adoption- implementing Resolutions and
o
Orn"ance Main Street Specific Plan.
(Detailed Meeting an file and available in City Hall)
07-08-96 ' City Council Us:
Discussion primarily related to In-Lieu parking Program and use of funds.
�'a
(Detailed Meeting Minutes are on file and available in City
Publ_ baring - Main Street Specific Plan:
9 _R
,e '
, _&iew by Director of Development Services of Planning
,Commission recommendations (Page 3 of Attachment 5); and
2) Comments by Dr. Rosenman (page 4 of Attachment 5).
(Detailed Meeting Minutes are on file and available In City Hall)
Page 5
CITY CONSIDERATIONS DURING ADOPTION OF MAIN STREET SP
PLAN (Continued):
Date Considering -Body and,Summmary Actions ' - - A
06 -24 -96 City Council Staff Report re: Public Hearin a. Main Street
(Continued) Specific Plan:
1) Attachment 1: Summary of Planning Commission. R.ecommendatio
and Findings re: Main Street Speck Plan " -_
• Page 22 — Bullet Points 6 through 8; and a ,
• �K
Page 23 — first bullet point.
(Full Staff Report is on file and availabi, Gity,all3t:,_
04 -17 -96
Consideration of Resoluho regarding
Revision 96 -1: Cor % (on determine
Commission resolutions recommending aF
Council. No discussion reaAWA al ohol s
(Detailed Meeting Minutes are on file
04 -17 -96
>treet Specific Plan
)prove all Planning
all actions to the City
in City Hall)
Page 2: See discussi : re• egulation of`fifco Related Businesses
— Standard Hours of O
Page 15: See Items "d" n Wir Main StreetSpecific Plan Revision
96 -1; and
Page 19: See Items "4' and "5;'� re: Zone Ordinance Text Amendment
is on file and availatite in City Halo ,
Extensive dussiohreg&rii ng limitations as to hours and setting
numerical capM J ;premise and off premise alcohol sales.
(Detailedyeeting Minutes are on file and available in City Hall)
Page 6
CITY CONSIDERATIONS DURING ADOPTION OF MAIN STREET
PLAN (Continued):
Businesses
i Revisions
ropriate to
31Ablishments, if part of a
established operating
Text Amendment 96-3,
Determined by " P Commission
Recommend to City Co ncil.�_
G See Item "1.d" — maxima .: rof 3 liquor
�... grocery store, permitted .b CUP v
hours,
3) Page 16 and 78: re: Zone Ordinance
x ,
. - ditional Revisions:
,�•= See Item "4" — maximum 3 liquor establishments, "rf part of a
grocery store, permittedbfy CUP with established operating
(Full Staff ReporfisY - fit available in City Hall)
03 -20-96 1 Plannina Commission Minutpc-
1 Page 2: See discussion re: Regulation
— Stana(a'" Hours of operation;
2} a 13 and paged 65 re: Maln S .
3) Staff review, public comments, Commission discussion and
Commission direction (pages 12 and 13) regarding issues related to
setti g a cap on the number of licensed alcohol sales premises and
standard hours of operation.
4) A plicable discussion occurs on pages 7, 9, 11, 12, and 13.
(quailed Meefing Minutes are on file and a vailable in City Hall)
Page 7
CITY CONSIDERATIONS DURING ADOPTION OF MAIN STREET SPECIFIC
PLAN (Continued):
V
Date •
Considering Body c1hd Suminara of Actions**.
03 -20-96
Planning Commission Staff Report — Supplemental 2 ire:
Main Street Specific Plan Revision: -
1) Pages 1 and 2: See discussion re: Regulation of Alcohol -Refed
Businesses — Standard Hours of Operation;
2) Page 6: re: Main Street Specific Plan Revislipens Determined �by
Planning Commission to be Appropriate to Recommend to City
Council —Supplemental Revisions
_;,
{[ If ,A re ... •. Y1t` •["
e See Item 1.a — maximum of 1 liquor store�pi:rrrditted by;ACUP
and
See Item °1.b° — restaurants to CUP with established`
operating hours.
(Full Staff Report is on file and av„ allabIs in City a(la ``
03 -06 -96
Planning Commissiodlfi `nutes: ,
3) Staff review, pubcornmerits, and Commion discussion regarding
issues related to setting a. cap on the number of licensed alcohol
sales premises and standarda h "oiii 'of eration.
4) Applicable discussion occurs on>pages 14,15,17, 24, and 25.
(Detail _. Meefing.lVli s ar pan file and avai le in City Hall)
Planning Comm�ssrcn Staff Report = Subblemental re: (Main
Street Specific Plan Revisiion-
1 Pages 1 and 2: See discussion re: Regulffln of Alcohol—serving
Businesses'
Ec .
(FStaff Report is on file and available City Hall)
}
021 -96
1Pianninca Commission Minutes
y
1 j,��Staff ;review, public comments, and Commission discussion regarding
P
eOelated to alcohol sales premises.
2) Applicable 'scussion occurs on pages 13, 15, 16, and 22.
(Detailed Meeting INIi es are on file and available in City Hall)
Planning Commission Staff Report — Public Bearing re: (Main
Street Sbecific Plan Revision:
1) Page 3 - 5: See bracketed discussion re: Alcohol - serving
Businesses,
2) Atta ment 13 — Joint CCIPC Workshop, 08 -09 -95:
Applicable discussion occurs on pages 3, 5, and 7.
- Attachment 14 - Joint CC/PC Workshop, 02 -08 -95:
r � •„
� No applicable discussion occurs at this meeting.
(Full Staff Report is on file and available in City Halo
.,yF �
Page 8
CITY CONSIDERATIONS DURING ADOPTION AND REPEALING OF
MORATORIUM ON ISSUING CONDITIONAL USE PERMITS FOR LIQEOR
ESTABLISHMENTS IN 1986: . AM
Staff has also completed a review of all City Council Minutes and
Commission Minutes during the time period of the consideration and of the
conditional use permits for liquor establishments in the 1986 timeperiod. 1
below is a summary of those deliberations and Actions of the Planning Con
and City Council ;,.
Date Considering' Body and. Summary of
06 -09 -86 City Council:
1) Adoption of Ordinance No. 122' -�= repealing the moratorium on
conditional use permits forliquor establisFiments and declaring the
urgency thereof.
(Ordinance No. 1224 is a fi'letand available in Cityl all)
.+,� >I-
2) City Council Minut =.see= Discussion on paft2 regarding numerical
limitations.
05 -22 -86
(Detailed Meeting Minutes are on
i110n.d. liable in City Hall)
anduiim#o, Council:
1)
May 21, 1986' Plai
Memorandum re: Ali
modifications. Report
Recommendations incluc
• CUP be required for
• Alcohol sales only a
and Public Land Use
a:; -
Provisions re: temp
. actrvities: and
icil and `larinin
g Commission actions
21, 1986. �;:
ing Comm N . , n reviews draft of
tol Provisions . and adopts with
forwarded to City Council.
is
alcohol licenses;
wed in C-1, C-2, Specific Plan Zone,
roes;
`a ABC licenses for special event
- v�ner prgvrsrorts
• May 1 , Y986 — Planning Commission holds continued study
session and voted on possible changes to City policies and
zoning provisions on alcohol.
• April 23, 1986 - Planning Commission holds study session and
ceptinues to May 14. Presenting reports and responding to
questions were:
Richard Cottingham, Department of Alcohol Beverage
Control;
Captain Garret, Seal Beach Police Department; and
City Attorney.
Page 9
CITY CONSIDERATIONS DURING ADOPTION
MORATORIUM ON ISSUING CONDITIONAL USE
ESTABLISHMENTS IN 1986 (Continued)
AND REPEALING OF
PERMITS FOR LIO(ISR
Date
Considering Body and ° Summary"of Actions .
05-22-86
Planning Commission Memorandum to City Council:
(Continued)
(Continued)
• April 14, 1986 — City Council holds publul hear. to consider,
g
extension of moratorium. After recem t? 'Wridite o the -C'
- -x
Council determines to extend th moratoriuiii'�:for i20clays
(Ordinance Number 1222) and directs the Planning Commission
to submit their findings and re . to the City Council within 45
days. ::
- prese by
• April 1, 1986 — City Council
,,,, port on actions taken
the Planning Comm- in siu existing provisions
regarding alcohol.s .based on con e' "' ideidentified above.
saF
• March 19, 1986- Ptaniting Commission - holds study session on
imffiw MW
the issuance of Contil R Use Permits for on -site and off -site
alcohol sales.
• February 10, 1986 — City Counc'iadopts Ordinance No. 1214 —
the
establishie moratorium on granting of conditional use
-'' � site .doff-site li lishments and declaring
6f -b
the urgency thereof 4=
Includes the follow_mg.'
c
�Fyq
April 21, 1986 Memoca�n� dum to Placing Commission re:
= Study Session on . cohol Provis1ons, (for April 23, 1986
Planning Commission.S6udy Session), includes the following; WN
Focus of study session was how ABC implements Rule
61.3 regarding undueconcentration of licenses in a crime
reporting district withD reported crimes greater than 20% of
the average number of crimes reported on a city -wide
basis.
e - orandu -' ;r�cluded an April 17, 1986 Memorandum
Y:frorrithe
Cliief of Police to City Council and Planning
Commission re: Alcohol Dispensing Establishments,
Their Impact on Crime and Our License Protest Options,
dated April 17, which provided detailed population, ratio of
ABC licenses, and criminal offenses information for Seal
Beach and several similar sized cities in Orange County.
City Council Minute Excerpt of April 14, 1986 re: Public
Hearing Extending Moratorium on Conditional Use Permits -
Liquor Sales
C „f .
Page 10
CITY CONSIDERATIONS DURING ADOPTION AND REPEALING OF
MORATORIUM ON ISSUING CONDITIONAL USE PERMITS FOR LIQUOR
ESTABLISHMENTS IN 1986 (Continued)
Date Considering Body and Summary of Actions$; — 05 -22-86 Planning Commission Memorandum to City Council:
(Continued) (Continued) .
• Ordinance Number 1222, An Ordinw of the City of Seal
Beach Extending the Moratoria :o a Granting of
Conditional use permits for On-Site acid Off' _' uor
Establishments and Declaring rgencjti =eof; adopted
April 14, 1986 r
• Department of Alcoholic Bev era a Control, Rule 61.3, Undue
Concentration (1884) gral, Memoran dum tolUlayoouncil re: Extension of
Ordinance Nu b 1214, a Moratontim on the Granting of
Conditional se Permits for On- . ,Site and Off -Site Liquor
Sales, dat .A & 1986, which reviewed issues of concem
to the PI ping Commission to sup rt the extension of the
moratorium, including:
• No city review of tem ,one -day ABC permits;
• U or sales occurri gin dential areas;
:..egii�re legal finding oc the denial of a CUP
apps VW0
• Presen does no a dress the issuance of
M.. -may i-• .
one -day permits o off -sale license&'. side of 100 feet of
schools, churckies; `residential areas.
. :: • Memorandum to Mayor and Cit`y�Council re: Ordinance
Number 1214, Moratornu on the Granting of Conditional Use
Permits for On -Site an • („� -Site Liquor Establishments, dated
s : March 28, 1986, provided an overview of the timeline of
events up to that point in time and set forth the concerns
identified in the abov& em.
Planing Co fission Minute Excerpt re: Scheduled
Matterj= 4 pdures for processing alcohol requests, March
Letter from Police Chief to Alcoholic Beverage Control Board
re: Rule 61.3, dated March 19, 1986
Memorandum to Planning Commission re: Alcohol
approval processes, dated March 13,1986, including:
• Overview of 13 other cities processes in reviewing
requests for alcohol licenses.
Page 11
CITY CONSIDERATIONS DURING ADOPTION AND REPEALING
MORATORIUM ON ISSUING CONDITIONAL USE PERMITS FOR LIQ
ESTABLISHMENTS IN 1986 (Continued)
Date Considering Body Summary of Actions;
05 -22 -86 Planning Commission Memorandum to City Council:
(Continued) (Continued)
City Council Minute Excerpt Jed rdinance 1214
Establishing Moratorium — Liquor Licenses; =February.a;,
1986 _ y -
Ordinance No. 1214, An Ordinance of the City o "Seal
Beach Establishing a Moratorium on the granting of
�� e Conditional Use Pe zfor u it and Off -Site Liquor
Establishments and��DWhfin z dhe'Urgency Thereof, adopted
February 10, 1986 `
• Citywide Liqu IJcceenses (as of
types of alcohol c ses by area
Hill Area urfside ,Leisure
Area.
• Executive Summary
Ordinances to Regulate Alcoa
June
36) — a listing of the
City — Old Town, The
Area, and Rossmoor
of Planning and Zoning
Outlets in California Cities,
kific Institute for Research
um and all assoaat�f` reports, Ordinances,
nning Commission Memorand
meeting minutes are on file a idava�lable in City hlal'
Alcohol Provisions:
inning Commission review of final recommendations to be
yarded to the City Council , • sed on discussion at May 14, 1986
nnigg Commission Study4 ession (pages 10 -11 of Attachment
(Detailed Meetii%,guMiesare on file and available in City Hall)
05 -14 -86 Planning Commission Minutes:
Study Session Alcohol Provisions:
2) Comments by the public, Planning Commissioners and City Attorney
rega�ing ability of a city to impose a numerical limit on the number of
licenses (pages 3-6 of Attachment 24).
3) Planning Commission determination to not recommend denial of a
I'�nse if the ratio of on and off -sale in a given reporting district or
Census Tract exceeds the County ratio, based on comments of the
. City Attorney (page 8 of Attachment 24).
(Detailed Meeting Minutes are on file and available in City Halo
Page 12
CITY CONSIDERATIONS DURING ADOPTION AND REPEAL
MORATORIUM ON ISSUING CONDITIONAL USE PERMITS FOR
ESTABLISHMENTS IN 1986 (Continued) .9
OR
Date Considering. Body and Suft many. of -Actions A
04 -23-86 Planning Commission Minutes:
Study Session Alcoholic Beverage Provisions:
4) Extensive discussion regarding the ro
cities to regulate alcohol sales establishments; an
5) Comments by City Attorney regarding ability of a city to impose °a =.
numerical limit on the number of - licenses (pages 15 and 16 of
Attachment 25). _ �:'
(Detailed Meeting Minutes are h fli a and
FINANCIAL IMPACT:
Unknown until Staff receives direction from
desired actions by staff . the Pari°n in'g°Commi.c
City Council to
future desired
address concei
e Wh s
Director of
AN
:r Staff report and
by staff, the Plai
issues as may be
Hall)
regarding any future
Council.
direction ife Staff regarding any
immisslon and City Council to
by the City Council.
NOTED AND APPROVED:
r9 David Carmany
, elopment4S ervices City Manager
(2)
Planning Commission Minute Except of April 8, 2009 regarding
Conditional Use Permit 09 -3
2: Section 23E.44.030, Special Provisions — Numerical Limitations, C-E
Elmwood Commercial District, City of Berkeley Zoning Code
ATTACHMENT 1
PLANNING COMMISSION MINUTE
OF APRIL 8, 2® ®9 REGARDII
CONDITIONAL USE PERMIT
(Chairman Deaton
City of Seal Beach Planning Commission
Meeting Minutes of April 8, 2009
1 AYES: Deaton, Bello, Eagar, Larson, and Massa- Lavitt
2 NOES: None
3 ABSENT: None
4
6 SCHEDULED MATTERS
7
8 None.
9
10 PUBLIC HEARINGS
12 1. Conditional Use Permit 09 -3 K� "
13 210 Main Street (Waki Sushi)
14
15 A licant/Owner: Yon g& Jane Park . w
PP 9 Pu. nam &Yvette Jacobson
16
17 Request: Establish a neI Irestaurant use v ifFi a Type 41 (Beer & Wine'
18 — Eating Place ,BC license wit ht the Main Street Specific
19 Plan (MSSP) Zone. gy =
21 Recommendation: Approval, subject toMcondi i ns, and adoption of Resolution
22 09 -16.
23 A '` A
'4
24 Staff Report
25
26 Mr. Whittenber delivered the staff re o s °follows: �
9 p (Sta Report is on file for inspection
27 in the Planning Department.) He provided some. backgroutt�nfonnation on this item
.. N1
28 noting that the facil, , proposed for this restaurant use is inehe 200 block of Main Street
29 and was the previous location for °Sweet BIA Bliss," a frozen yogurt shop and for
30 many years before° ha was "Grandma's Cookiesi and is located just north of the Bank
31 of America on Me =eet. The previous use ; of the building are classified a dessert
32 sk�oplco a faouseund`er ,e standards of th IVtain Street Specific Plan (MSSP) and
33 hat type of use has a difFeFent parking requi ment than a restaurant use as indicated
34 in the Staff Report disc - sior:o M.the e9d ements for "in -lieu parking" based on that
35 s difference in arkin standards.3tKe rear of the
p 9 property there is a two -story
36 structure, which is a single -car garage with a living unit above it, and the front building
37 for the proposed restaurant use itself is single -story. Both the buildings are old enough
38 - ,: that Staff could no find 80 ilding permit records for the initial construction of either of
39. these structures. The g eral position of Staff is that these uses are nonconforming
40w'�and when new applications come before the Planning Commission (PC) they must be
ri
41 <} made as conforming as possible. Within the MSSP there are a number of findings that
:=
42 'k usfibe made in orde to approve requests for Conditional Use Permits (CUP), as
43 s ow; son;Page 3 -of the Staff Report:
44 t
45 13 The use is consistent with the provisions of the City's General Plan, and is also
46 consistent with the remaining elements of the City's General Plan.
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City of Seal Beach Planning Commission
Meeting Minutes of ApAl 8, 2009
1 ❑
The use is compatible with surrounding uses and the community in general, and
2
not detrimental to the neighborhood.
3 ❑
The subject property is adequate in size, shape, topography, and location to meet
4
the needs of the use of the property.
A-2
5 ❑
The use is consistent with the intent and purpose and vision establish for the
6
MSSP.
7 ❑
The use does not conflict with the Specific Plan's goal to establish and maintain a
8
balanced mix of uses that serve the needs df both local anted non -local pop ons.
9 ❑
The use will contribute to the unique character of Main Street and the qualifies that
0
provide Main Street a sense of identity.
Those -are findings that the
Commission would need
to make
to approve"
conversion to a restaurant
use and to approve the
requested
alcohol use
particular property.
< ,.
Also in -lieu parking issues arise in this typeof use because of the change in parking,
requirements. For a dessert shop /coffeehouse use the parking standard is 1 parking
space per 500 sq. ft. of building area; _1 r MEstaurant it is1parking space per 100 sq.
ft. In this particular case 11 spaces tota9pe'.required, with 3 spaces grandfathered
based on the size of the current building as a dessert shop use, leaving a net deficiency
of 8 spaces. The City's in -lieu parking fee is $3,5®O!.p r space, so the total required fee
to allow the conversion to Am aurant is $28,000:=' The has given Staff
some direction on a faairtly: ;re %nt application on N NK Street to spread that payment
schedule out as far as realistically pasib{ith a 7-year period the longest time
allowed for the payment of fees, but thd-actualyterms and conditions are something that
would be negotiate'�etween the business operator and City Staff
8 The discussion on *the proposed alcohol use aspposed o the restaurant use itself is
29 found in the StaffReport starts on Page 5. Alcohol uses on Main Street have always
30 been a,,concern totheYcommunity and in 1996 there was a major revision to the MSSP
31 that sp' lace th in lieu fee of $3,500, the requirement for a CUP, and when the
32 MSSP.. 'waskjgoing through' revision process, there was extensive discussion about
33 ,�. /the City trying o establ`sa�numerical cap o� ohol licenses allowed on Main Street.
34 That discussion betwee NQ WW&nd oun`al (CC), and the public went on for
35 approximately a year and one -lf: result was that the City determined not to
36 impose' any numerical caps on the number of alcohol licenses permitted on Main Street,
37 and would leave this to th discretion of the City through the CUP process. Information
38 from the Department of Alcohol and Beverage Control (ABC) as to how many licenses
39 `` could occur within the Main Street/Old Town area appears on Page 5 of the Staff
40 ,Report. Those numbers are determined by ABC on what is called a census tract basis.
41 -" There are two census tracts that comprise Old Town, with the tract numbers of 995.11
42and995.12. They basically split Old Town down Central Avenue; one tract is Central
43 Avenue,:x o the_ocea'n' and the other tract is Central Avenue to Pacific Coast Highway
44 (PCH)': ABC:fias a ratio that is determined on a statewide basis for what puts a
45 particula " "n us s tract into an over concentrated situation, and this number is
46 determined on a yearly basis by state ABC based upon population estimates given by
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1 the state. Based upon the current population in those areas, the total on -sale licenses
2 would be 7 in both census tracts in order to not have an over concentrated of licenses.
3 Those two census tracts include the south side of PCH and whatever restaurant uses
4 might be along PCH in addition to Main Street. Currently the City has 29_ licensed
5 locations in these two census tracts, and on Pages 5 and 6 of the tall" - eport a
6 detailed listing of each of those licensed locations is shown with the name of the
7 business, the address, and the census tract it is in. In 1995, as a result of consideration
8 of an application for a proposed restaurant in' -the 300 block of Main Street the PC
9 determination was to approve the restaurant use, deny the alcohol sales and when the
10 matter eventually went before CC they asked for some overvietn►;,o t ues
hese iss. In
11 December 2005, CC gave specific direction to Staff to retake recori menda 0 ss on
12 an alcohol license application in the Main Street area, so tonight's Staff$Ftepor�tbs not
13 make a recommendation on the alcohol sales, but presents the information that.' **
14 consistently provided on all application in the Main Sti Staff is recommending
15 approval of the restaurant use, but does no maRNA_~ recommendation for the alcohol;
16 sales. The standard conditions for an alcoFt0 license are included in the Staff Report
17 should the PC determine to approve this `Staff has also provided the information ori'
18 Page 12 showing which conditions would need to be removed; should the PC consider
19 approving the matter without alcohol sales: Forthe record tall received a letter from
�..�
20 the Seal Beach Chamber of Commerce in su k porl�.of C `;P 09 -3 and also a letter from
21 Warren and Mitzi Morton indicating their op`po n to approval CUP 09 -3 and
22 requesting that the matter be de, ie = '
23_
24 Commissioner Questions
25 ;#
AW
26 Commissioner Larsen asked if Condition No' 4 ,� n Page 9 shQUId read "... indicating
27 the availability o °beer and wine ..." Mr. aVl/hittenberg indicated that that would be
28 corrected.
29
30 Commissioner Edgar asked if the proposed restaurant is to be located in Census Tract
31 995.1 Mr. Whitten- berg confirmed that this wa correct. Commissioner Eager noted
32 thsiCA A d tract" as 1 alcohol licenses. Mr. Whittenberg stated that there are.14;
33 J owever, 3 would be a :number indicated b, ABC to not be over concentrated. He
34 oted that Staff has comb�ried Mbo h -tracts; s Staff has always looked at Main Street as
35 whole, but due to populatio griowttt since the 2000 census Main Street was split into
36 wo census tracts. Chairperson Deaton indicated that the number of licenses along all
37 f Main Street, which is 19,�, is the number that would be relevant.
39V; _ Public Hearing
40:
41 =aGhairperson Deaton opened the public hearing.
42 _
43 `The a ; ican._ Yong Park, stated that before closing escrow he was not aware of all the
;::� =.
44 [icensE T .' I uI -pients, and although he understands about the over concentration of
45 alcohol licenses, he believes that the sale of alcohol would be an essential part of
46 operating a Japanese restaurant. He questioned the prospect of the restaurant
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succeeding without the ability to offer beer, sake, or wine to its customers. He stated
that he hopes to open the restaurant as soon as possible, and cannot wait 6- 124'months
to receive approval for an alcohol license as restaurant sales would not�be strong
enough for it to succeed. He requested approval of CUP 09 -3. `
Seth Eaker spoke in favor of CUP 09 -3 citing diversity of uses along Main Sheet and
noting that restaurants represent the engine that drives destination travel on eV pings
and weekends. He noted that there has been a recent increase ethnic dining c. oices
creating a positive and diverse dining experience for residents OF d visitors. With gard
.
to alcohol licenses he suggested imposing a 6- monthrevie- *per T 688 to. see rid this
restaurant would be a good fit for the community, no iii p Pasil# eaf E . as
approved without alcohol sales and has been doing well. He then thanked itte I? Q00
direction in allowing Staff to disburse the payment of in -lieu parking fees over a perj6dl
of time. He recommended approval of CUP 09 -3�
There being no one else wishing to speak Chairperson = Beaton closed the public
hearing. 4
Commissioner Comments
VERBATIM TRANSCRIPT OF DISCUSSION
Chairperson Deaton
There were a number of people who tacked tome abouVftis: a.I ,frankly, I expected
there to be a large L , ncem with the alcoho =peffs. I did no expect there to be a large
concern with the restaurant itself. The feed bad people gave me was the "diversity
of use has to do wi the diversity of parking MAW ," and'in some ways I have never
thought of that. The reason that we want to h e restaurants is so that we have foot
traffic for our otherbusinesses, but also, the o er businesses need places for their
Vim' :A
patrons:tc °park, and the restaurants are going toltake up all of the parking because of
�.
their rgheparking a •,d then there is no place for the people to park and go to the
'`fher busine ss s, whicar:tfie,ones that, frank
y, are having more trouble in town right
now than anyone else. We;har�e'alreadyeen a number of businesses go out. I know I
just saw Main Street Financia , T ravel Center, the clothing store, although we did
get another clothing store in there, which is really nice. We had the T -shirt store that
went out, but then again we got a children's' shop in there. I think the biggest concern
to the residents that talked -to, me is parking, parking, parking, and after that was alcohol,
which, frankly, surprised me. I thought the biggest concern would have been alcohol. 1
had a woman who calledme today who said I love sushi and I would love to have a
AMU restaurant, but I caM walk down Main Street and I can't find a parking spot. She
sand that it was absolu.ely not appropriate to add yet another restaurant. I would like
I repose something and see what my fellow Commissioners think. l would like to
continue: th:isand •send it to CC and ask them, since they are the elected and they are
really the ones that need to grapple with this, What to you want to do on this? I mean
we have the in -lieu parking, which is great, the City makes money off of it, I guess, but it
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1 doesn't mitigate anything. It doesn't give us any parking spaces. What we need are
2 parking spaces before we can put in another intensive use for parking, So I would really
3 like to continue it and ask that the CC tell us: "What do you want to do a SUt more
4 restaurants on Main Street ?" "What do you want to do about more alcov.� . ermits ?"
5 "How do you want to handle this ?" because once we give an alcohol •pe mit -we may
6 give an alcohol permit for sushi and two years later the sushi restaurant is gonrand that
7 alcohol permit is still there. One of the big problems that we are hearing abo 1 # now is
8 that the sidewalks are not clean enough because of the different alcohoI related
9 establishments, and so forth. I don't feel confident to make this decision on Ee'half of
10 the elected.
V. �..
12 Commissioner Massa Layitt
13
14 1 agree with you that CC needs to make a decisio"w &Rot, =thy are going to do about #tie
15 parking issue. They can't keep collecting money-and revile any parking spaces,.
16 Your thoughts are "right on" there. I do 't giant to keep tliisbusiness; however, from
17 being able to move forward pending a action of the CC.' think that would be a true
18 hardship on this business. So I would ..art ` °move ahead with these guys and have
19 them go in and have their beer an wine iicenzs The poirrt is well taken that a sushi
20 restaurant generally does not foment the kin o rowdy�behavior that maybe a Clancy's
21 or Hennessey's or that an O'Malley's does a ' "�iin times of the year or on the
22 weekends, but because of t at .kdo not want to see.. the . not be able to move ahead. I
23 would like to continue on brit your thougRt, Chair D tgn; to recommend to the CC that
24 they come up with so ions to the- ,pioti down here .Maybe a need a parking
25 structure. I don't kn, where they are g ng3to& ut it, but ids bee one. It would take a
26 good deal of tho�ght and work, but those kids of things can happen in a dense
27 downtown, and maybe its time for them to br .e the bullet" and come up with a solution.
28
29 Chairperson Deaton
30
31 1 cans i . conscrence..,go forward with it. Witty 4 19 alcohol permits on there, knowing
32 ha the�EOilstituents=dorrr►here feel about it, and living a half block off of it and ending
� V7 .,
33 up no parking in the neighborhood. So, 'Ma es me a real problem to do that. I also
34 ° : know that there are othe e�staf s en that the minute we give this one, they
35 will all be back and say, "He , rnreuexalteady been here, so now its our turn to get an
36 alcohol permit." I don't know how we would justify, for instance, a restaurant we just
3 1 approved coming in and s ° aying, "Wait a minute. I want mine now."
38="'
41 possible to do an Al moratorium just on Main Street?
42
43 }irr'nri�Bar°row :
44 = �;
45 it may be possible. The only prohibition would be if we have done that before in the
46 City. You should only do a moratorium once. Lee and I were actually talking about this
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1 in the past and we don't know if there has been a moratorium on the issuance of CUPs
2 on Main Street in the past, but we would have to consider that, number one Number
3 two, as you know, the CC is the only body that has that power, so e au could
4 recommend it to the CC. With respect to considering these different suggest s, of the
5 Commission, there is a way to accomplish what the Chair wants; however t continue
6 this matter and send it up to the 'CC wouldn't work, because they are the appellate body
7 of this body, and so if they provided input while this is still within your jurisdiction then
8 basically they would be "tainted" from the process and would n be able to hear any
9 appeals. So there are other ways to accomplish what you wodAlwant, but I just nt to
10 point that out. Kv
12 Chairperson Deaton
Would the appropriate way to do it maybe be to
the CC could address it at that point?
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Quinn Barrow
That's one of the ways, but there
1. You could deny without prejudice.
they would not have wait a ye &
2. There is also the issuef..o . WA-cou
3. Another way is the CC always 0:
way it is not an a but in esser
de novo beforei the CC, but that is
appeal fee. AX_
Well them.Uhink
Id like to do is
Quinn Barrow
if it gets appealed,
s that for them to reapply
Bs�c�fitoTlaive the fee to appeal.
to caMs up
,Ar review and that
Id still haueesame type of hearing
that they Wduld not have to pay the
end that we deny it without prejudice
You would make that recommendation, because only the CC can waive that, but your
motion would be to deny without prejudice and recommend to the CC that they can
appeal without paying the fee.
I ICn w what your problem is and I guess we all share it. My understanding of the
apticant;s,statemen was that he wasn't aware before he closed escrow, everybody
i5. � ylr
has that probtern „I- guess, that there are licensing problems and zoning problems, and a
lot of other problems, but we are not having a meeting for a month.
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Chairperson Deaton
But the Council will so if we go ahead and deny it then it can go on to CC.
Commissioner Larson
That's right.
Commissioner Eat
When is the Council meeting?
Lee WhittenberF
First off the Commission needs to make youdecisie on hat you think is the b
decision because you may deny in anticipation that an a peal may be fled, but if
appeal is not filed, after 10 days your decision is the final ec sQn.
Chairperson Deaton
Which is fine too, but the whole is we have a prob emAiliere, and it is not limited to just
one application and we are �oin. get ourselves n_-:serious trouble by °piecemealing
this decision.° !think vv to get direc a . -�fcom CC and I like Quinn's
Cl
suggestion that we d ?
ay so "� at �,_,�... �, e not °muddy'i the w�a #er."
Lee Whittenber
Keep in mind tha ¢ =assuming the Commissi °goes down the road of denying the
application and recommending to Council that k� appeal fee be waived if an appeal is
filed, there is a ; R i°' ay period to file the appeal, depending upon when that gets
submitted�to the Ciy. one is applied for. fit is fairly quickly we might be able to
get S� - !on �lay meefin "; iepends on publication dates for newspapers and a number
oother things; so it ju _ W `U on when those things fall into place, as to how quickly
n,
something may get to CC= and Div o definite answers on that.
Commissioner Larson
There was another one orithe 300 block that go to Council, where the Commission had
said O.K. to food, but no liquor.
l ee,ff%ittenberz :
Tha_ Y ; usfness decided not to activate this CUP and it was later reapproved
for a wiiae #as rigtiusiness as opposed to a restaurant.
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Chairperson Deaton
That is my suggestion, especially without Commissioner Bello here tonight,, who also
shares this district. I feel the responsibility is beyond us.
Commissioner Larson
I agree with that. I share your concem. I think] know what
some time ago we went back with what to do with a prope
Grove Nature Park on their setbacks. Well we sent it up to
back and we sent it back up to the Council and they senWbac
Chairperson Deaton
In this case we have an application though,
certain period of time.
Commissioner Larson
You've convinced me and I'm not sure that pe pIE
have to face that, that some of the deals we makE
trying to do what is best fo the -pity and if the
..
permits as you want, therm f : , f they:, ay we w
Chairperson Deaton
The bottom line i
held accountable
they are the elected
decision that we m�
motion, if it
Commissioner Eaar
You remember that
t backs up to Gum
nciland they sent it
to be dealt with within
ay we've been unfair, but we
k we're being fair and we are
says give as many alcohol
& then that's fine too.
are th %ones who are going to be
been seconded.
I am kind of torn here, because I am always in favor of business, and I would like to see
them start their business but then, we're "saturated° with alcohol permits here and
that's not including our end of Seal Beach.
option that tIfOCommission has this evening you can approve the Conditional
it�fo t erestaurant use without the alcohol.
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Chairperson Deaton
I don't feel that that's the right way to go because I've had so many compl ants about
the parking issue, and if we get more restaurants, I mean, how do we 'l,� n do we
stop? At what point do we stop giving restaurants, so I would personally`likee Council
y y "You know A
to erect us. If the sa ,we're just going to bite the billet, Ka u know,
maybe eventually people will go down and use the beach lot and blah, bQA. blah, I
would just like the Council to make that decision because ped'`�ple are really itnhappy
about the parking intensification that is coming about with thegrestaurant use. TA
Commissioner Larson
Former Mayor Antos will then bring up his lifelong goal to build
Eisenhower Park.'' �.
Commissioner Massa- Lavitt
Is there a way that we can tie; well, wha
be deny the restaurant . and the ABC lice
recommendation from the PC ask the Cc
themselves to come up with solutions for the
Chairperson Deaton
I think there area, umber of things that
1. What aboff., fnore restaurant use. Does "
2. What abo : e alcohol use. Does this
3. : ow are w" ra e than just accepting
spaces, ho o ate mitigate the parking
is a mo�ivn to deny; and that would
Nould - ..w - e then, under a separate
her direct the PC or take it upon
lgq -42 on Main Street?
ask, and' f them is:
bother you or not?
:r you or not?
iey when people don't have parking
pike Mr. Larson says a been a plan fioated out there for a long time, and that is
to roil back Eisenhower Park; pub parkin Ain it, and roll Eisenhower Park back over
the top, but then you're as tngpeop.I`e to, I mean they could park down at the beach
now and they don't want to walk down there. This is a big issue. This isn't an easily
solved issue, and I do believe that this is a Council issue and not a Planning
Commission issue.
parking spaces does this restaurant get?
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Chairperson Deaton
They need to pay for 8 spaces and they are grandfathered in for 3. Bu. these are
virtual spaces," they're not real.
Commissioner Massa- Lavitt
And there is no place to put them.
Commissioner fgZar
I can see your point now.
Chairperson Deaton
Go on the computer and you play these v' < - a! shopping�nps:and you're paying
for all of this stuff, but its virtual, its not 1 e 1--
Commissioner Larson
But when you open up parking you open up unda. parking and the permits to the
church, take away parking nit�irom a swim sc' 0 hat wasn't allowed to. It's
probably the most dif�ifc fill # iat happen to eal Beach. There is just not
parking. We've got a° couple of Iofd Iza ` : City of Lorag��Beach manages; the church
brings people in frg dj shuttle buses. `�
I know that Staff Ntit been working on this w
new ideas on horto handle the parking, diffe
its just`fike bringingw .;arking meters again.
differ en Idea. but tt is that we're at the
Ni -.
With the economy the::wa�i is about the
�.
restaurants that are servin alcohol:. , Fhetr-W
a very undiverse use of restauratits,tithsaicoh
tVx"arious members of the community on
�rHilerybody � ideas have come up, and, of course,
has a different opinion and a
place 'Where the rubber meets the road."
only thing being really successful are
are looking at is turning Main Street into
of permits.
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Commissioner Massa- Lavitt:
A
We are Belmont Shore, only on a smaller scale. There's no place else to pparking,
and it means cutting off a whole use potential on the street. That mean . v�te'will have
no more new restaurants on Main Street until this issue is settled.
Chairperson Deaton
Unless some go out of business. The problem is we have no aced, until now with Pho
Basil Leaf, which just happened, and now this; non - restau lnftft� uil ings that are
being turned into restaurant use. Oh no, and the Win ;Cellar. - se,thr"ee ar ; hand
new uses. Those are the only three in the six years I have been on and - ; ey
have all happened recently, since we've entered this problem area. So I just eel "at
the CC needs to grapple with this because, X " sm, -We are making decisions -thhdt
they have to face their constituents for. u
Commissioner Larson
Well I recommended once that we fake fhEfheater and
and turn that into a parking lot.
Commissioner Massa- Lavitt
Shopping in front
Why don't we call
Lee Whittenber�
If I might just
It to deny tffe applii
appeal with no appeal
Commissioner Larson
prejud
front
le qu
piication.
station that was there
and behind.
to recommend to the CC to hear an
We don't have an understanding if the applicant would be happy with operating without
a liquor license. I gather A wants the liquor license.
uld,:stiil give him the opportunity, though.
iu know lii
question?
motion, it is to deny th
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Chairperson Deaton
But we still have the issue of the restaurant and the parking.
Commissioner Massa- Lavitt
Oh, that's right.
Commissioner Eazar
At this point in time before we vote, should the applicant
Chairperson Deaton:
The question has been called for.
MOTION by Deaton; SECOND by Larson,% dE
prejudice and recommend to City CourtiiGtliat f!
MOTION CARRIED: 4 — 0 —1
AYES: Deaton, Eagar, Larson,
NOES: None _ ..,;
ABSENT: Ba�9o; �
O.K. that's four 2
go to an appeal F
Lee Whittenber�
We don.t have a
the discussion a
deny the applicaf
to the CC without
allow you time to
r se olution before you at this point in time, but what we will do is take
nd' fold&" into a resolution that :we'II have completed by tomorrow to
plican o im to use as part of ttiat appeal, and we will provide it to.the
Chairperson Deaton
So now we're at the end
agenda, right?
What I woof — 1 ke to do now is I would like to make a motion, and if it works for you
guys, what I would like to do is ask the CC to direct us, specifically, on what they want
Ise Permit 09 -3 witho
waived.
13 of 16
City of Seal Beach Planning Commission
Meeting Minutes of April 8, 2009
1 to do about Main Street restaurants, liquor permits, etc. It's one thing to address this as
2 one thing, but now we need some direction on how they want us to handle Main�Street,
3 with the understanding that there are 19 liquor licenses just on that one stree ere with
4 the understanding that we have a parking issue. Where they eventuallW aP -:is in the
5 neighborhoods, and so people coming home at night are competing with eople that
6 are eating n Main Street to ark. Its a knotty ,
9 p tty issue that I would like directions this.
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Commissioner Larson
Is that going to open up the Specific Plan?
Chairperson Deaton
It may not open up the Specific Plan. It may just�be an�fnte. retation of the Main
Specific Plan.`H
Lee Whiftenber�
I think those are some issues that frthe Coi amission app oyes the suggested motion
that is before them, we'll have to huddle with Sta d se how that process would work
out and present something to CC and they will pro ab y end up giving us direction as to
how far they want us to go
Quinn Barrow
If I could interru
your application
Clerk, and the F
any appeal fee.
that yo — girect S
Councif4atthe n(
ist want to make it `clew
)ut prejudice, you have
recommending to the C
ber two; technically this
fake a verbatim transc
6We CC meeting and
the applicant that the PC has denied
days to file an appeal with the City
iat they consider your appeal without
at on the agenda, so I would suggest
If this discussion and present it to the
Can I go forward with my
Quinn Barrow
fthe Council can give us direction.
14 of 16
City of Seal Beach Planning Commission
Meeting Minutes of April 8, 2009
Chairperson Deaton
I think there are three items: the parking issue, the restaurant issue, and.jthe alcohol
permit issue. _5>
Lee Whittenber� ,
What we'll do is prepare a verbatim transcript of the discussion that's gone on. that will
get submitted to Council. The next available Council meeting twill be able be on
would be the April 27 Council meeting, because their agendTa't done for the Afr: i 13
meeting. r ;:
Commissioner Eagar
So we're directing Staff to make sure that
they will then come back and direct you?
Lee Whittenbe i O A
They may; they may not. We don't know ri
Commissioner Eagar
I want something to
I know this has beer
Lee Whittenber�
The best we can
and then it is up 1
But his comments will'i
concrete coming out of
Lee Whittenberg
That is correct.
That he would like something
1Ulta 17Vhittenberg reported that the City has been working very closely with the Leisure
Nlocl L stn -Fe , o. se to the recent fire. He stated that City Staff is meeting on a bi-
sP
weekly k'@ -620 ure that reconstruction efforts are coordinated, and as an outgrowth
of this, CC will be considering adoption at a future Council meeting of a formal policy
sty
of this; I
ht up to Council
to be established.
the best Commissiori"�,an do is forward information to Council
:il to determine how the sh to respond to that request.
15 of 16
ATTACHMENT 2
SECTION 23E.44.030, SPECIAL P
- NUMERICAL LIMITATION,
ELMWOOD COMMERCIAL DIST!
OF BERKELEY ZONING; CODE
Chapter 23E.44: C-E Elmwood Commercial
I
C
Table 23E.44.030
Use and Required Permits
Use
Classification
Special Requirements ifs
Cafeteria, Employee or Residential
UP(PH
Cemeteries, Crematories Mausoleums
Prohibited
"
Circus or Carnival
UP(PH
Commercial Excavation
UP(PH)
Including earth, gravel, minerals, or
other building materials including drilling
for, or removal of, oil or natural as
Dry Cleaning and Laundry Plants
Prohibited
Kennels or Pet Boarding
Prohibited
Laboratories Testing
Prohibited
Mortuaries
Prohibited
Public Utilitv Substations Tanks
UP(PH) _
z
Radio, Television or Audio/Sound Recording
Broadcast Studios
UP(P.,I
Rg
and/or
Warehouses or Storage including Mini-
storage Warehouses
�.6hibited
Wireless Telecommunications Facilities
AUP
Su§ W to the requirements of Section
when located on site with existing facilities
NMI ' ted
23C,117.100
When located on a site without existing
>>
tlVaiver may be ranted if ZAB approves
Y 9 PP
facilities
;^
finding of necessity as required by
'Section 23C.17.100.D
Legend: £=
• E � 0
ZC — Zoning Certificate
Aw
Change of Uswo� -- area between 2,000 and
�.-
000 sq. ft. shall an AUP; over 3,000 sq. ft
AUP — Administrid -Ne Use Permit
-� -.
UP(PH) Use
_quire
shall require a UP(EH)
— Pel•rnit, public hearing required
IChange of Use of floor area over 3,000 sq. ft. shall
r
Prohibited — Use�nQtpermitted
wire a UP(PH)
A 741y .
Use�not listedfE�at compatible with the purposes of the C -E District shall be permitted subject to
securing a Use PerrniE`Ariy Use that is not compatible with the purposes of the C -E District shall be
prohibited. ._ x or
C. The initial establishment, or change, of use of floor area of an existing non - residential building, or portion
of building, shall be subject to the following permit requirements as listed in the legend of Table
23E.44.030. (Ord. 6671 NS § 7, 2002: Ord. 6669 -NS § 1, 2001: Ord. 6644 -NS § 2, 2001: Ord. 6478 -NS §
4 (part), 1999) .
Section 23E.44.040 Special Provisions — Numerical Limitations
subject
iumerical limitations, as set forth in Table 23E.44.040 shall also be subject to the
tion 23E.44.030. No such limitation may be exceeded unless the Board issues a Use
the findings under Section 23E.44.090. C. (Ord. 6478 -NS § 4 (part), 1999)
Title 23
Page 247
Chapter 23E.44: C-E Elmwood Commercial
Table 23E.44.040
Numerical Limitations
Use N
Number limit S
Sizes . Tyge of Permit
Art/Craft Shops, GifttNovelty Shops, 1
12 1
1,500 Zoning Callificate
Jewel /Watch Shops
Barber/Beauty Shops, including Manicure and 7
7 N
None Z
Zoning Certificate
other Personal Care ;
; I
Bookstores, Periodical Stands 4
4 2
2,000 Z
Zooing Certificate
Clothing Stores, including Hats, Shoes and 1
10 N
None Z
Zonin Certificate .
Accessories s
�A
Financial Services, Retail " 2
2 N
None
Food Service Establishments:
Section 23E.44.050 Construction of New Floor Area, Con rsior
Requirements for Use Permits
A. No new gross floor area shall created°inC" `.ra"Use Permit is
x - -
includes construction of nevi uildings or Accessory Bu�ings; a
installation of new floor or �� ezzanine levels within or-orito..exrsting b
B. Existing buildings used' f6r commercial activities shall no Corr
Permit is obtained. (Or -NS § 4 (part), 1999)
Section
A No Fort dr'c a Use shall opeFa7
tie
.,.1
ermit is obtained is in a _- rd;
W �
ft Use which is incidental to thE
requirements identified in the Uses
below:
R 1. Any food service use shall sub
as an Incidental Use for this Du
ng Buildings —
t
-1
;reation of new floor area
e ' ' g or the
4 4.
:ss an Administrative Use
between the hours of 7:00 a.m. to 10:00 p.m., unless a Use
i Section 23E.18
NX or roe shall be sub ect to the ermit
property rtY 1 P
al to a Permitted Use heading, in Table 23E.44.030, except as
to the limitations in Table 23E.44.040 and shall not be considered
.., An ; activi or Use which o rs outside of a building shall be subject to the permit requirements
= idetitified in the Parking, Outdoor and Exterior Window Uses heading in Table 23E.44.030.
en
D. Adulf= onented. Busiesses'and Amusement Device Arcades are not permitted. Alcoholic Beverage Sales
or Service uses and Live/Work Uses shall be subject to the requirements of Chapters 23E.16 and
23E.20, in addition to the requirements of this District and below:
Title 23
Page 248