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HomeMy WebLinkAboutCC AG PKT 2009-07-13 #BBAGEIV®A STAFF REP®RT DATE: '""° 4, ''nn° July 13, 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: IVIAIiV STREET SPECIFIC PLAN ®ISCUSSI®dV SUIVIIVIARV OF REG~UEST: 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. SAC&CGR®IJIV®: 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 BB 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 th'e 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 thal 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 self 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 Aver Concert ation Threshold Actual ABC Permits in Census Tract Tract (On and off-sale) (On & Off sale) 33 995.05 13 20 in Downtown 2009 Over Actual ABC Permits Over Actual ABC Permits in Census Concentration in Census Tract Concentration Census Tract Tract Threshold (On-sale) Threshold (Off-sale) (On-sale) (Off-sale) 15 3 995.11 4 14 in Downtown 2 2 in Downtown 13 4 995.12 3 5 in Downtown 2 0 in Downtown ,~;i.:r,: :t,. ~';: •' .. t ~. ~ I wk . - :-Total ~:a; ~ . _ a •:,.ti.:: Y1.a. ~ jL.s; '~i;';~av d•L•ti•l~`3•~ .y. ~ %;~t•y ? •rj;ykkt .. ~ ~ . ~7~~<~ .~: ~ Y;'~'t a:,~mf~::r~ "~, ~i•xr.,r~t.~ye art 'i~ t „C'"~- §?+~t~~-~+'Y.'~',,•r+~'i3F+~~ _'~ ~'~''F~.hn `~~ ., -~~ n;, ~ ' ;~ ~'tafi i•.~`~>>+t`Sa'ri ~.~i.: .''G+::sil~. ~..t.5^i, t•-a, ti ~`iCi.id< -. ~s.. •u! ~ _aF .,x :~, 4=- ; ~' ~ ~~ '. ~ ~`,;a:,-~,: 's rt+rsl-``b':'..~., £4,: eitY°.> '5;~ w$' ti?. m "~''Cr~ ..L•TT~~a ..t c' f°~,i~~~is~~. .:..._;.~ ~.:; : •. ~z~>,~ ` ' -~ ~ - , ~•= b ~~ ~ , L~ : _~ • _~.~, ~~ ~ ~ .,, n1'`S~• 19- innDowrttov~1 • . . ~_ M~pa~, a h ~ ~~ ~~~ ~'~~ , - ~ ~ ~ , , ~! .wn ~3 ~-2sin D ownto t~ ~ JR'~ . ~:!.~.~. ~~'l•tS, - J .~:i i ~sA^! : :.ll 'A ~• Sr :. wt'it3a.'.. ~ ' ~ T <•~.1 ~ie i?w' lk: ~. ~~': - .: .ate _ `w .rt~F:: •.C~~:.q.-a, ~J-~:t.+, .'..+p. 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 shops 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 properly 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. ~' O t~ ions: 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. ~B(VAfVCIAL ~fViP~-Cl': There is no direct fiscal impact to the City. REC®IV~~EIV®A~901~: 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 Whi tenberg, Director of Development Services NOTED AND APPROVED: ~'~ David Carmany, City Manager Attachment(s): A. ABC Licenses in the City of Seal Beach B. Staff report from May 11, 2009 Council Meeting California ®epartrnent of Alcoholic beverage Control i=or the city of SEAL BEACH- (Retail Licenses) Report as of 5/20/2009 (~ License b N ~ Status License T Original D t I i Expiration D t ' Primary Owner and Premises Add Business Name Mailing Addr um I er yp e ssue a e a e ress ess ~~ ~~ ~~~ I GORDON GABRIEL CHARLES 16251 BIRDIE LANE 1) 442933 ~ ACT 41 27 2 9/ / 006 I 8 1/20 9 ~ /3 0 131 1/2 MAIN ST + ~ SEAL BEACH CA 90740-6316 BEACHWOOD BARBECUE y HUNTINGTON ~ i ` ~ Census Tract: 0995.11 BEACH, CA 92649 ~ 2) 1 (~ 395514 F ACT 41 I 1/16/2003 ~~ i 12/31/2009 ~ BALCHIN CAROLYN LOUISE 15 1ST ST RIVERS END 157 SAVONA WALK ~ LONG BEACH, CA SEAL BEACH, CA 90740 CAFE • . ~ Census Tract: 0995.11 ~ 90803 ^~^ l ~- I T ~~~ FIRST SERVE TENNIS INC ~ 3900 LAMPSON AVE FIRST SERVE . 1040 PARK AVE 3) ~ 474089 .I ACT 41 2/23/2009 , + 1/31/2010 CA 90740-2716 SEAL BEACH TENNIS INC LONG BEACH, CA , Census Tract: 1100.12 ~. 90804-4361 4) 441049. ACT 57 8/23/2006 ~~ 7/31/2009 OLD RANCH COUNTRY CLUB LLC 3901 LAMPSON AVE SEAL BEACH CA 90740 OLD RANCH COUNTRY c ., ... .. I _ .. ... . ........ ...... , Census Tract: 1100.12 .. , ... .... ..... CLUB 5) _ _ _ 362593 ~~~ ACT 41 __ ~ 9/11/2000 _ _ ~ Y 8/31/2009 OUR CLUBHOUSE 101 MAIN ST SEAL BEACH CA 90740 SEASIDE GRILL THE PO BOX 907 SEAL BEACH, CA , I ~ ~ ~ Census Tract: 0995.11 90740 CLANCY'S SALOON INC 6) 230940 ACT 48 7/19/1989 10/31/2009 111 MAIN ST SEAL BEACH, CA 90740 CLANCY'S SALOON ~ ~ Census Tract: 0995.11 __._ 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 f ____.. _._ ~.... ~_ . _____._ ~ _I _.__._.~_._.. . ~~-~ MARIS CHARLENE R i _ I _._.~._ 8) 149051 ACT 41 i 1/12/1984 1/31/2010 I 115 MAIN ST SEAL BEACH, CA 90740 TACO SURF i Census Tract: 0995.11 ~ ~ r~_____._ , _____ r~~ ~ SRITHAIINC ~~~ 9) 473971 ACT 41 ~ 2/4/2009 I 1/31/2010 ' 117 MAIN ST THAI ON MAIN ~ SEAL BEACH, CA 90740-6316 ~ ( Census Tract: 0995.11 ~ ;~ ~ ~ ~ I IRISHER 10) 401347 ( ACT 48 7/21/2003 ~ 2/28/2010 ~ 121 MAIN ST I SEAL BEACH, CA 90740 RISHER 11) I 420586 ! ~~ ACT 20 1/18/2005 ~ ~ 12/31/2009 Census Tract: 0995.11 rMARCIULIANO ANGELO RAFAELE ! 133 MAIN ST ANGELO'S ~ + ~ SEAL BEACH, CA 90740 ITALIAN DELI ~ I ~ Census Tract: 0995.11 ~_ ____. ~ ~ ` ~ ~ LOPEZ MARIA 12) 396465 ~ ACT 41 3/6/2003 2/28/2010 ~ 137 MAfN ST OLD TOWN SEAL BEACH, CA 90740 CAFE j i ~ i Census Tract: 0995.11 ~ BAY CITY LLC 13) 366733 ~ ACT 47 8/28/2000 8/31/2009 140 MAIN ST O'MALLEY'S SEAL BEACH, CA 90740 ON MAIN -= ~ ~ I Census Tract: 0995.11 14) ~ 349809 ~ ! ACT 47 10/7/1999 9/30/2009 r HENNESSEY'S TAVERN INC f 143 MAIN ST SEAL BEACH, CA 90740 ~ - HENNESSEY'S TAVERN 1845 S ELENA AVE REDONDO BEACH, Census Tract: 0995.11 CA 90277 ' 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 90740 . ~- ^~ ~`~ ~ _r ^ WOODY'S DINER INC 16) 426273 a ACT 41 7/21/2005 6/30/2009 209 MAIN ST WOODY'S SEAL BEACH, CA 90740 DINER Census Tract: 0995.11 VINO VOYAGE LLC 17) 466826 ACT 42 8/7/2008 7/31/2009 302 MAIN ST ~ MAIN ST WINE SEAL BEACH, CA 90740-6320 CELLAR ~~ '~ ~_~~ ~ ~_~~_ __ Census Tract: 0995.12 2 c. _...._....__i 18) 429456 ~ I ' I- ~~r I i 119) 429600 I ~ .__......._ ACT ~ ACT ~ 41 ~ ~ ~ 41 I _, ~FKAS PEl-ER TAKIS i ~ 303-305 MAIN ST 4/7/2006 ~ 3/31/2010 ~ SEAL BEACH, CA 90740 Census Tract: 0995.12 I I ~_ i~ LIGGETT JAMES WILLIAM j 10/6/2005 i 9/30/2009 ; 306 MAIN ST SEAL BEACH, CA 90740 ~ Census Tract: 0995.12 ATHENS WEST BBEY THE 7101 YORKTOI~. . AVE 106 HUNTINGTON BEACH, CA 92648 20 ) 430302 ~ I _ ACT ~ 47 ~ 3/12/2007 2/28/2010 I MARSHALL ROBERT WILLIAM 320 MAIN ST - ~ CA 90740 6382 SEAL BEACH - THREE TWENTY MAIN 21) I • ~ 430302 I , ~- ACT 8 ~ 7/3/2008 ( i 2/28/2010 I I . , Census Tract: 0995.12 MARSHALL ROBERT WILLIAM 320 MAIN ST SEAL BEACH, CA 90740-6382 Census Tract: 0995.12 HREE TWENTY MAIN , _ ' 22) ~ 306625 ~- ACT ( ~- 41 4/4/1995 3/31/2010 ~ .TABRIZI MOHAMAD 330 MAIN ST F SEAL BEACH, CA 90740 Census Tract: 0995.12 CAFE LAFAYETTE LLC 23) ( ' 24) 5) 26) • 447121 - 24327 05810 282518 . ~ ~ 1 ~- ACT CT ~- II I ACT ACT 21 0 41 Iu ~ 47 ! 11/29/2006 /1/1968 /8/1987 /30/1993 ~ 11/30/2009 - /31/2009 ~ 10/31/2009 I i r 3/31/2010 _ ! MARINA LIQUOR MARKET INC 412 MARINA DR SEAL BEACH, CA 90740-6025 Census Tract: 0995.12 _ _ ZOELLE F J 1430 OCEAN AVE SEAL BEACH, CA 90740 Census Tract: 0995.11 RUBY'S DINER INC 900 OCEAN AVE SEAL BEACH, CA 90740 Census Tract: 0995.11 DURAN JACK R 901 OCEAN AVE SEAL BEACH, CA 90740 Census Tract: 0995.11 MARINA LIQUOR MARKET OLPHIN MARKET UBY S ~ ; O BOX 780571 WICHITA, KS 67278 ~. . ' 27) ... .. 324143 -- ~ - ACT - _ 41 ~.~- - 1/22/1997 I ~-~_ 12/31/2009 _____.___ DIAZ ANGELICA 909 OCEAN AVE SEAL BEACH, CA 90740 _ Census Tract: 0995.11 EL BURRITO JR 2 3of8 28) f__ ~ 29) i 433800 I 217014 + ACT i _ ~ (~ ___. i ACT I 47 i 47 I 1/3/2006 ! 12/31/2009 ; ~ ~ ~ 6/16/1988 ~ 4/30/2010 ' , ~ ' BNP ENTERPRISES INC I 3001 OLD RANCH PKWY ~ SEAL BEACH CA 90740 ~ Census Tract: 1100.08 ;--.-- SPAGHETTINI L-PSHIP ___ ~ 3005 OLD RANCH PKWY SEAL BEACH, CA 90740 Census Tract: 1100.08 ~ KOBE ___ JAP ANESE STEAKHOUSE _ S PAG H ETT INI ~ .~.__.. ' f i ~ ~ SPAGHETTINI L-PSHIP 30) 1217014 i ACT 58 10/5/2001 ~ 4/30/2010 ~ 3005 OLD RANCH PKWY SEAL BEACH, CA 90740 SPAGHETTINI I . ~ Census Tract: 1100.08 MOSCA GRACE I- 31) :~ 32 I i i 33) E i 1 34) . I 457434 r 425242 I . i ~ ~ 461537 I I 39349 ~ ACT ~ ACT ~ CT 65 41 ~ 41 - I 21 I 1 ~ 10/17/2007 /2/2005 /1/2008 /10/2006 9/30/2009 I 5/31 /2009 - I 6/30/2009 ' i ( ! _ __ C 6/30/2009 r- ! 1013 PACIFIC COAST HWY SEAL BEACH, CA 90740-6214 I Census Tract: 0995.12 COACH'S SPORTS GRILL LLC 1025 PACIFIC COAST HWY SEAL BEACH, CA 90740 ~ Census Tract: 0995.12 1 ~ VONS COMPANIES INC THE 1101 PACIFIC COAST HWY SEAL BEACH, CA 90740-6245 Census Tract: 0995.12 GARFIELD BEACH CVS LLC 1111 PACIFIC COAST HWY SEAL BEACH, CA 90740 Census Tract: 0995.12 SOLAIMANI ENTERPRISES INC ~ KAMIKAZE i SUSHI COACH'S SPORTS GRILL ONS 2803_ VS PHARMACY 8843 8 MICHILLINDA AVE ARCADIA, CA 91007- 6300 1 CVS DR WOONSOCKET, RI 02895-6146 35 6) ~ 1 ` 45770 8 ~~ 214978 ~ ACT ACT 41 _ 20 ~ 10/3/2007 ~ I 7/6/1988 ' 9/30/2009 ~ ~ 6/30/2009 ~ 1198 PACIFIC COAST HWY ; SEAL BEACH, CA 90740-6248 Census Tract: 0995.12 7 ELEVEN INC 1200 PACIFIC COAST HWY SEAL BEACH, CA 90740 Census Tract: 0995.12 BLACKBOARD BISTRO 7 ELEVEN 2174 21231 O BOX 2245 gREA, CA 92822- 2245 SEYCHELLES REEF 37) 369829 ACT 47 10/17/2000 9/30/2009 1400 PACIFIC COAST HWY SEAL BEACH, CA 90740 MARE Census Tract: 0995.12 ~„ 4 0.., I HU i TON MICHAEL LLOYD ~ 38 WELCOME LN 38) ' 1 372342 ~ ' 1500 PACIFIC COAST HWY ; DAVE'S ACT j 42 ~ 1/12/2001 ~ 1/31/2010 I SEAL BEACH, CA ( ~ , ~ SEAL BEACH, CA 90740 ;OTHER PLACE ~ 80740 ~ ~ I I Census Tract: 0995.12 i ~ ._._._ ,.~ ~ ~ _. ~~ ~ ~~ _'_ HANNOUN MAISAM FADEL 39) 427575 ACT ~ 21 I 10/6/2005 I 9/30/2009 ~ 1780 PACIFIC COAST HWY ! gAY LIQUOR `• i [ ~ SEAL BEACH, CA 90740-6209 I ~ I J , Census Tract: 0995.12 --~ _ - ~_^ I--- ._._._.. ~- --- ~_.._----- '-y- - -- - ___ _ __ _ ~~.~_._..- ~ KIM CHONG HWA ~ ~ ~ ^T 40) 441425 ( ACT 21 8/11/2006 l 462 PACIFIC COAST HWY ~ 7/31/2009 ~ SEAL BEACH, CA 90740 WEST BEACH I LIQUOR Census Tract: 0995.12 I ~---- ~ ~.~~ ! SESLER PATRICIA ANN 16580 BORDEAUX 41 ) 323645 I ACT ~ 12 23 19 / / 96 ~ 11/30/2009 ~ 500 PACIFIC COAST HWY PATTY'S LN I ~ ~ SEAL BEACH, CA 90740 ~ Census Tract: 0995 12 PLACE HUNTINGTON ~ HARBOUR CA 92649 ~ ~ i ~ . V , __._ ! ~~ ~~ ~ r--- ( ~~~ ~ ~ ~ I. TULAY FELIX GUERRERO JR 42) 1420746 ~ ACT 47 1/3/2005 12/31/2009 { 550 PACIFIC COAST HWY 20 S B 0 YUCATAN GRILL i I ( I I s Tract: 09 5 ( Cens 1 ~' ~~ ~ PHUENGSOMBOONYING 43) 292893 ACT ~ 41 4/5/1994 3/31/2010 I SANGUAN STEVE 600 PACIFIC COAST HWY THAI CUISINE RESTAURAN~f SEAL BEACH, CA 90740 Census Tract: 0995.12 ____ FINBAR'S ITALIAN KITCHEN SB INC FINBAR'S 44) 419972 ~ ACT 47 12/10/2004 11/30/2009 620 PACIFIC COAST HWY ITALIAN SEAL BEACH, CA 90740 KITCHEN Census Tract: 0995.12 ~ 45) 446170 ACT ~ ~ 21 6/4/2007 6/30/2009 ~ GARFtELD BEACH CVS LLC 921 PACIFIC COAST HWY SEAL BEACH, CA 90740-6244 ( CVS PHARMACY 1 CVS DRIVE WOOIVSOCKET, RI ` C Census Tract: 0995.04 ~ 8843 02895-6146 i O TI 46) 403997 ACT 47 4/29/2005 8/31/2009 ~ 941 PACIF IC COAST HWY 0 S B SHORE HOUSE CAFE ~ HUN NG ON BEACH 82648- Cens s T act: 0995.12 5 34 5of8 47) i 87363 i ACT ..._ 41 i _ .____r_____._...-.._..~.. ~ 5/12/1980 I 3/31/2010 _'______-- GO KUNIO 600 PACIFIC COAST HWY A SEAL B _~._._ ..._~ RESTAURANT __._._______~ EACH, CA 90740 KOI ~ i ~ ~ Census Tract: 0995.12 __ __ ` `~ _ ~~ ~~_ __._ ~ y 4 ~ 48) ~ ! 456072 ACT I 47 I I 9/5/2007 ( 8/31/2009 ~ CALIFORNIA PIZZA KITCHEN INC ~ 12171 SEAL BEACH BLVD = CALIFORNIA ~ 6053 W CENTURY BLVD ~ ~ I SEAL BEACH, CA 90740-2633 Census Tract: 1100.08 PIZZA ; ' KITCHEN LOS ANGELES, CA ! 80045-6400 ( ' 49) ~ ~ 455478 ~ ~ ACT ~~ 20 ~ 10/11/2007 9/30/2009 ~ FREE RUN ENTERPRISES LLC ~ 12205 SEAL BEACH BLVD ' ~ 1 SEAL BEACH, CA 90740-2634 WINESTYLE I 50) i r---.______ ~ 455478 ~ ~-._ I ~ ACT ~ ~ 42 --- 10/11/2007 - 9/30/2009 ~ Census Tract: 1100.08 ---- ..... FREE RUN ENTERPRISES LLC 12205 SEAL BEACH BLVD SEAL BEACH CA 90740-2634 .. _ WINESTYLE _ _ -~ _ ~~~ , ( ~ ~ j Census Tract: 1100.08 ~ I51) 453763 ~ ACT 41 7/9/2007 6/30/2009 ~ PEI WEI ASIAN DINER INC 12235 SEAL BEACH BLVD SEAL BEACH CA 90740-2634 PEI WEI ASIAN DINER 7676 E PINNACLE PEAK RD SCOTTSDALE I , , AZ ~ 52) I ~r` 460139 ~ ACT i ~ 41 2/17/2007 1/30/2009 ~ ~ Census Tract: 1100.08 , ~ ICPINC ? 12241 SEAL BEACH BLVD SEAL BEACH, CA 90740-2634 ~ = MEL S DRIVE IN 85255-3404 PO BOX 82219 LAS VEGAS, NV ~ Census Tract: 1100.08 89180-2219 53) _ 400809 _ ACT _ ~ 20 _ 12/19/2003 11/30/2009 I ~ -TARGET CORPORATION 12300 SEAL BEACH BLVD SEAL BEACH, CA 90740 TARGET 1328 1000 NICOLLET MALL MINNEAPOLIS, MN --- - ~ + Census Tract: 1100.12 55403-2542 ~ 54) ____--- 462359 .._._.r ACT _._____ 20 /7/2008 ( 7/31/2009 .. SPROUTS FARMERS MARKET LLC 12301 SEAL BEACH BLVD SEAL BEACH, CA 90740-2708 SPROUTS FARMERS 11811 N TATUM BLVD PHOENIX AZ 85028- 4 __ _ ~ ~^- ~ __ + __.~...___________.. Census Tract: 1100.08 -__..-..-- MARKET ... ... , ' 1643 55) ~ 382107 ~ ~~ ACT i r 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 82008-4709 6 0, ., ~ r-----•---•--i I ------- ~ r ~ I~ M - BRINKER RESTAURANT- ~ ~ ~ ` ~ ~ ~ ~ CORPORATION ROMANO'S ~ 6820 LBJ FWY ~ 56) 381061 ~ ACT ~ 47 9/16/2002 ( 8/31/2009 i 12380 SEAL BEACH BLVD ~ MACARONI DALLAS, TX 75240- ~ ~ ~ ~ SEAL BEACH, CA 90740-2709 GRILL 255 6515 i ~ ; ~ I ~ ~ i Census Tract: 1100.12 ~ i ~ ~ I r i C -RUBIO'S RESTAURANTS INC ~ RUBIO'S 1902 WRIGHT PL 57) (383001 i ACT ~ 41 1/2/2002 j 12420 SEAL BEACH BLVD j 12/31/2009 ~ FRESH CARLSBAD, CA ~ ! SEAL BEACH, CA 90740 MEXICAN 92008-6583 ~ Census Tract: 1100.12 ( GRILL 160 I 58) ~ 463060 ~ ACT I~~ 41 ! 4/23/2008 r SANTA FE IMPORTERS INC 3/31/2010 ~ 12430 SEAL BEACH BLVD ~~ SANTA FE 1401 SANTA FE AVE LONG BEACH CA SEAL BEACH CA 90740-2791 1 IMPORTERS , , 90813 ~ ~ ~ ~ ~ ; Census Tract: 1100.12 I ' 59) (`Y~ 440855 R65 21 8/23/2006 ~- ~ ~ NEW ALBERTSONS INC ` 12451 SEAL BEACH BLVD ( 6/30/2009 I ALBERTSONS PO BOX 20 BOISE ID 83726- CA 90740 SEAL BEACH , , 0200 ~ ~ i I Census Tract: 1100.08 ~ 0) I 407468 r I ACT ~ ~---- 1 ~ i ! 12/31/2003 ~ ~ RALPH'S GROCERY COMPANY 12470 SEAL BEACH BLVD ~ 6/30/2009 ( SEAL BEACH CA 90740 ~ ALPH'S 604 PO BOX 54143 LOS ANGELES, CA 90054 0143 !, I • I ~ ~ Census Tract: 1100.12 I - 61) 406220 ACT 47 6/3/2004 5/31/2009 BARGER ROBERT MICHAEL 12489 SEAL BEACH BLVD CA 90740 SEAL BEACH MARIE CALLENDER , pIE SHOP 38 = Census Tract: 1100.08 A 62) i 439338 ACT 21 7/10/2006 6/30/2009 ~ GARFIELD BEACH CVS LLC 12490 SEAL BEACH BLVD SEAL BEACH CA 90740 CVS PHARMACY 1 CVS DR WOONSOCKET, RI , ( , Census Tract: 1100.12 9551 02895-6146 ' 63 ) ~ 386587 ~ ACT ~- 70 7/8/2002 ~~ 6/30/2009 SEAL BEACH HOTEL L-PSHIP 12850 SEAL BEACH BLVD AYRES HOTEL 355 BRISTOL ST COST •A MESA CA SEAL BEACH CA 90740 . , , 92626-7938 I I • Census Tract: 1100.12 ~ ~ 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 7 of 8 . + ~ I - ~--- r~._._.. Y ~~ r ~~PACIFIC FOOD SERVICES INC r I _ i ~- ~~ ~ 19321 SLEEP ING ~ 65) 335612 ~ R65 ~ 21 ! 2/10/1998 i 1/31/2010 I+ 13960 SEAL BEACH BLVD SEAL BEACH CA 907 SEAL BEACH ~ ~ OAK DR ~ ~ ! , 40-5301 I MARKET TRABUCO CANYON, ~ ~ ~ f Census Tract: 0995.10 I ~ CA 92679 I __ - ~ ~ ~ ~ - _ + + I -+ r•---• LONGS DRUG STORES i •I ~~ 66) + 467532 R65 ~ 21 ~ ~ CALIFORNIA INC 8/4/2008 ~ 6/30/2009 13960 SEAL BEACH BLVD ' LONGS ~ PO BOX 5010 I ANTIOCH CA 94531- i + I SEAL BEACH, CA 90740-5301 ~ DRUGS , 5010 I i Census Tract: 0995.10 ~ ~ ~`+ - ~ TAHVILDARI FARSHID 13956 SEAL BEACH 67) 304854 I R65 47 3/8/1995 i 5/31/2009 ~ 2940 WESTMINSTER AVE PRIMROSE i BLVD j I ( SEAL BEACH, CA 90740 ~ RESTAURANT SEAL BEACH CA I Census Tract: 0995.04 I I , 90740-5301 ---End of Report--- For a definition of codes, view our glossary. ,r 8 G. DATE: May 11, 2009 TO: THRU: FROM Honorable Mayor and City Council David Carmany, City Manager Lee Whittenberg, Director of Developm SUBJECT: RESTAURANT USES AN® ALCOIi,OL LICEf~ RESTRICTIONS AS TO U~6~I~B,ER O~ SUSINES LOCATIONS ON MAIN S'~RET -~ ` SUMMARY OF' REQUEST: City Council to consider Staff report and future desired actions by staff, the Plai address concerns and issues as may be APRIL 2009 210 MAIN S' !n response to wine ®ER~4TION ~v amendment to place a`~n~ with alcohol licenses, that ~~ The main concerns _ - related to: during the Planning Commission public hearing were ^ Possible over-coentration of restaurant uses on Main Street; ^ Over-concentrat~an of liquor licenses on Main Street; :^ Impacts on.~parking in residential areas due to parking for restaurant Gusto er-s:an~or employees; and ~:~, ;~., ~~La~ of° ~ ditional parking spaces created by use of the in-lieu parking E: CUP 09-3, discussion at the Ap. ~~;8 Planning Commission meeting Permit 09-3 to permit a ew restaurant with an on-premise nse staff has reviewed the City Council and Planning ites between Decer 2005 and now to determine what ~d in that ti mperiod to develop a Zoning Code menc l cap .n a number of restaurants, or restaurants :oul~d:~.ie~;~ate within the Main Street Specific Plan area. n to Staff regarding any on and City Council to City Council. Agenda Item R A~EN®~ ~~~~~ ~E~®R~ Page 2 The Planning Commission Minute except of April 8 regarding Conditional Use Permit 09-3 is provided as Attachment 1 for the infomlation of the City Council. ,~ CURRENT CITY CO®E PROVISIONS RECARi71NG ALCOHOL The City currently requires approval of a Conditional Use Permit (CUP) business that wishes to engage in either the on-premise or off-premise alcoholic beverages. This process requires a •• public hearing before the Commission, with a mailed notice to all property ovine ; ~ and reside commercial occupants within 300 feet of the subjectrct~e%iy . TM I Commission has the discretion to either approve the req'~ues~or .de;, the based on the public testimony, and the ability to make the required fiinc City Municipal Code.. A decision of the Planning Commission may be app the City Council within 10 days of the decision of tt~„f . an"r<.ti~g Commission. .~.~ ~e.a..Y There are two sets of `findings" that must h determining to approve a conditional us p® ee projects that require a CUP approval ei ~~=wid ~,.,.._ ing Commission in findings applies to ^ The use is consistent with tEie provi? also consistent with the remaining E the policies of those elements are Land Use Element. ,_, !ws General Plan, and is City's General Plan, as ~, and reflected in, the and fire codes ensures there r the use. The proposed u E established for the :ides within the Main Street Specific 'additional findings are: the intent and purpose and vision Plan. does not confiict with the Specific Plan's goa( to iin a balanced mix of uses that serve the needs of cal populations. on'#~ibute to the unique character of Main Street and the ravide Main Street a sense of identity. use complies with all applicable City Council Policies, such the Council has adopted concerning alcohol uses. Page 3 CITY OF BERKELEY ZONING CO®E PROVISIONS RE: LIAItITATIONS": Staff recently reviewed the City of Berkeley Zoning Code, and it sfillains provisions regarding "Numerical Limitations," as was considered by the City inhe formulation of the Main Street Specfic Plan revision in the mid-1990s. Staff has~so requested information from the Berkeley Planning Department as to what process and the types of anaiysis was undertaken to formulate the `~merical limitation{`s" provisions of their Zoning Code. The City of Berkeley has ~: spord~ - a~ad indcated ~. ~ that to the best of their recollection there was no detailed anatysi's prep,„ "numerical limitations" were based on the number of the particular type -f~business operation that were in business ~at the time the applicable ordinance provisions were adopted to ensure that the number of the particuaa ~ mess did not become any greater.' Included as Attachment 2 is language ro ~ one of the four different commercial zoning districts in Berkeley whit ntains suc~li "numerical limitation" provision. ~;~, DECEIUIBER 2005 CONSIDERAT~N AGAIN STREET SPECIFIC PLAN ZONE: 1~l1T~91N THE :~-.~. Provided below is a summary o various considerat~ar~ and actions by the City Council regarding theuee`.~' ".establishing a`~nuurtencal cap on the number of Conditional Use Penn ~~`for alcoho ~ s within the Main~~Stree Specific Plan area in December of 2005:: ~. R.~r ~~ Date , :,, Considering Bo . ~a~ Surnma~~of Actions 12-12-05 ~ ~''City Counci1119eetin4 iVllnutes '~ ~~~;,, Council Actions after discussion: '~~,~i'it h no objection from the Cod cil: f,~. ~ m rThe Mayor requested a~change in the ordinances that ~wa ld i h Pl g c i g ve t ommiss ta e annin on the authority to make ~pth``e'etermination whether in-lieu parking should be rant trough an application process. a Thayor Fequested 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. Yostmoved, second by Levitt to receive and file the staff repo~ft " i Mi il bl d fil i Ci l ng tai e Meet nutes are on e and ava a e n ty Ha l) E-Mail response from Wendy Coslri, Deputy Planning Director, City of Berkeley, April 17, 2009 ;' Page 4 DECEMBEI4 2005 CONSIDERATION OF ALCOHOL LICENSES WITHIN THE MAIN STREET SPECIFIC PLAN ZONE: (Continued) Date Considering Body~nd.Stimniary~ofi4ctioris:' 12-12-05 City Council Staff Report• ~`~ i) Overview of Public Concerns re: Alcohol Licenses: Why Consider Additional Alcohol Sales Establishments on Street? ® Why Doesn't the City Prohibit Such A li afi pp c ons? 2) Information from Plannin Commission ~ b ~ ° ~ e . #~` ,e::. A, . ; '< , ~ 3 ~. ~1~4 . November 9.2005: '~"" -"~ ' ~~~ ; , , e Overconcentration of Alcoholic Beverage;Licenses; and ~~~ ® Approving Alcohol License i ~ Qv"'°"""` centrated Areas ~ . 3) Current In-Lieu Parkin Proarisions~M~in:SfKeet S ecific Plan Zone. (Full Staff Re ort is on fil a il bl i ° p e an - va a e n City Hall = CITY CONSIDERATIONS DURING PLAN: Staff has also complet ~ ~,a ~ _ all City C Commission Minutes uring the "rrae_~-~od-of the Main Street Specific Plan Revision 199 , ~ ~~nc~ the 1 Provided below a summary of those cielii~eration: Commission anCity Council _.___ STREET SPECIFIC Irian inutes and Planning says' ~ anon ar;td adoption of ~, ~= 95 ~~r~u'~,g--)t`""996 time period. and anions of the Planning Date - - ~~_ ~ Considering :Body Summary ~of-Actions ~ . - 4- 2-96 ' ~ty~~Council Minutes: `"° ~ ~ ~-~ ~°~'°se= Calendar -Adoption of implementing Resolutions and O li ~ a rc rtce~~e: Main Street Specific Plan. (Detailed Me~fa~g~M~ ute~~areori file and available in City Half 07-08-96 City Council Minutes: Discussion primarily related to In-Lieu parking Program and use of funds . (Detailed ~Aeeting Minutes are on file and available in City Half) 06-24-96 City Council Minutes: ~~ Publ~~'~earing -Main Street Spec'rfc Plan: _ A _ •A ' ~ 1 eview ~ by Director of Development Services of Planning "~ ~~ Commission recommendations (Page 3 of Attachment 5); and "~ ~ `~- R- ~ 2) Comments by Dr. Rosenman (page 4 of Attachment 5). (Detailed Meeting Minutes are on file and available in City Half . ~.~~~~ Page 5 CITY CONSIDERATIONS DURING ADOPTION OF MA1N STREET SPECC PLAN (Continued): , Date Considering•Body and•Suriimary•of.Actions ~ ' 06-24-96 City Counciil Staff Report re: Public Hearinct, Main Stmt (Continued) Specific Plan: ,~~ 1) Attachment 1: Summary of Planning Commission~Recommend~tions and Endings re: Main Street Specific Pla ~ ~ ~~~~ °:"' ~`~ ~ .: _~ - Page 22 -Bullet Points 6 through 8, and ® Page 23 -first bullet point. Full Staff Re ort is on file and availab ~n~C~`; ~ I ;• ( P.. ~ ~. ~...~.. 04-17-96 ~•. Planning Commission ~tin~ es: Consideration of Resolufions regarding Main Street Specific Plan Revision 96-1: Cornrnission_ determines to ~•approve all Planning ~ Commission resolutions recommending appro of all actions to the City Council. No discussion rega~ding~alco of salesmatters. (Detailed Meeting Minutes are on file and~ava in City Hall) 04-17-96 Plannin'a"Gommrtssioin~,Staff Report• Supplemental # 5 re: Mairt:S~eet Sp cif6c Plan Revision: •~;~ si l d > ~ ~` ~~ Regu i 1 age 2: See discus on re a on of A ~ o Re d Businesses • -Standard Hours of Operativr~ ~ "d" St ~S ifi Pl i i 15 It d~`eA= `c' M i R 2 ~ P S . an e: a ree an ev s on : ee ems n pec c ~ - age - ~ ~ 96-1; and , '' '~' ' ~~~... ,~3), Page 19: See Items "4" and "5~ rye: Zone Ordinance Text Amendment ~~ ..~=s (Fxu'iluStaff~Report is an file and availabls•in City Hall) • ~~C`ommission Minus: • discuss~onrega.~cfing limitations as to hours and setting ca or o"n'~---premise and off-premise alcohol sales. leeting Minutes are on file and available in City Half ~~~. Page 6 CITY CONSIDERATIONS DURING AD®PTI®N ®l= MAIN STREET SPECIE C PLAN (Continued): Date :.~: .Considering Body and~~Summary•of Actions-• ~ . 0403-96 - Planning Commission Staff Report -Supplemental # 4 to Main Street Specific Plan Rev~slon• 1) Page 2: See discussion re: Regulation ofAlcofwelafed B i us nesses -Standard Hours of Operation, 2) Page 6: re: Main Street Spec'rfic Plan =Re •°siorts -®ete~rrnit - y Plannin C i i g omm ss on to be Appropna a to - e~in _ • end.=~tvty=.; Council -Supplemental Revisions ~: -~ ® See Item "1 .a" -maximum of _.~Ilq or store permitted by CUP; - . and ,~ ~~ o See Item "1 .b" -restaurants sii~ject to- UP with established operating hours. (Full Staff Report is on f an • avail ~ le in City Hall) Planning Commission Staff,~'R~eport :supplemental # 3 re• Main Street Specific Plan Revisio 1) Page 2: See discussion re: Regilon~ of Alcohol-Related Businesses - Standard ~rs°I~af Operation, - - 2} Rage 1 3 and~page~65. re: Main Street ~ pacific Plan Revisions :~T~termined byIlarmirig Commissior=tr ~4in- • e Appropriate to Recommend to City C-- unci -`p ~ See Item "1 .d" - maximum~of 3 liquor establishments, 'rf part of a - groce store itt d ry r , perm e by CUP w,itiestablished operating hours. •" ~3• image 16 and 78: re: Zone~~ Ordinance Text Amendment 96-3, dditional Revisions: a~x- -a. ° See Item "4° - i -- _ max mu • 3 liquor establishments, if part of a - • ` , grocery store, permitted y CUP with established operating Hours: , (Full Staff Report i ~'~file and available in City Hall) 03-20-96 Planning Commission Minutes• 3) Staff review, public comments, Commission discussion and Commission direction (pages 12 and 13) regarding issues related to setiar, g a cap on the number of licensed alcohol sales premises and standard hours of operation. ,~=.r .~. 4) Applicable discussion occurs on pages 7, 9, 11, 12, and 13. ~- :~SY-~-- "~ +rf7etailed Meeting Minutes are on file and available in City Ha{I) ~~~ ~ ~, • Page 7 CITY CONSIDERATIONS DURING ADOPTION OF MAIN STREET SPECIFIC PLAN lContinuedl: Date ~ Considering Bodyand Summary of Acticns~~.- . 03-20-96 Planning Commission Staff Report - Supplemental2re• IViain Street Specific Plan Revision: 1) Pages 1 and 2: See discussion re: Regulation of Alcohol-Re d Businesses -Standard Hours of Operation, '~ 2) Pa e 6: re: Main Street S ecific Plan R ' ro D t i g p e s s e erm ned ~by Planning Commission to be Appropriate to~~-F~ecommend to , Citji~ ' Council -Supplemental Revisions )~ ~~~:^- ~:~ , . ~ o See Item "1.a" -maximum of 1 liquor store e~itted,.-,'~by ~l~P~~ and ~ _~ 's; a See Item "1 .b" -restaurants ul~ect to CUP with established operating hours. ° .~: • :.~ '"~' : , . ~• (Full Staff Report is on file and '"table in City al}. ~ , 03-06-96 Planning Commission' i tes: 3) Staff review, publ icrnmerrts, nd Commies n discussion regarding ~ issues related to setting a Icapo n the ber of licensed alcohol ~ sales premises and standardzhorirs~of ~ • erataon. A l l pp 4) icab e discussion occurs on,pages 14,15,17, 24, and 25. (Detail ,~MeetirtgaMi~~are an file and avai~b'~ ~ inity Half Plaaning Commis~r~n StafF Report Sup~alemental re: Main Street SpeCiflC Plan Re'~%ISfOt1a <~» Pages 1 and 2: See discu'~ on re: Regubn of Alcohol serving ;~. Businesses ~;(~;~ ~::~~ ~_Fi~l~Staff Report is on file and availab~ City Hall) 02=21-96 ~lannina Commission IUiinutes 1° R `Staff;review, public comments,, and Commission discussion regarding ' ' ° ssoes• fated to alcohol sales premises. ~ o 2) App icable discussion • u n pages 13,15, 16, and 22. ~~ (Detailed Meeting mutes are on fife and available in City Hall) Planning Commission Staff Report -Public Hearing re: Main Street Specific Plan Revision: 1) Pag 3 - 5: See bracketed discussion re: Alcohol-serving Businesses 2) Att ment 13 -Joint CC/PC Workshop, 08-09-95: ®'Applicable discussion occurs on pages 3, 5, and 7. ' _. s~ ~ ` ~~3) Attachment 14 -Joint CC~PC Workshop, 02-08-95: 7, eS.. ~ - -'- O No applicable discussion occurs at this meeting. (Full Staff Report is on fle and available in City Hall) ~'~ ~~ ::~~= Page 8 CITY CONSIDERATIONS DURING ADOPTION AND REPEALING ,~° F MORATORIUM ON ISSUING CONDITIONAL USE PERMITS FOR LI(~.~'OR ESTABLISHMENTS IN 1986: _ Staff has also completed a review of al! City Council Minutes and PIS Commission Minutes during the time period of the consideration and of the is; conditional use permits for liquor establishments in the 1986 timeyperiod. Prc below is a summary of those deliberations and fictions of the ~-tanning Comm and City Council 4 : _..~$~ . Date C®nsidering Body and.SumQnary of Actions .~~•° ~ }~~ t)6-09-86 ~ City Council: 1) Adoption of Ordinance No. r -~~ -:=<r;e 'ng the moratorium on conditional use permits fo °liquor est ' lis rnents and declaring the urgency thereof, (Ordinance No. 1224 isr.~ d available in (lliy Mall) 2) City Council Minutes ~d scussion on pa > , 2 regarding numerical limitations. ~ (Detailed Meeting Minutes are on fiie~,a~drailable in City Hall) 05-22-86 Plannina~Cora~~raiseion Memoran~~ ~~.=fa~City Council: 1) P ~a, 'des o erview~of ~` '~ Council and :lanri>!:ra Commission actions • tween Februa - ~aed 21, 1986. ° May 21, 1986 - °ianning COmmD '- . reviews draft of Memorandum re: "` cool Provisio wand adopts with modifications. Repo ¢ forwarded to City Council. r:-= Recommendations inclu ed~ ••, • CUP be required for all hol licenses; • Alcohol sales only allowed in C-1, C-2, Specific Plan Zone, ~~~~ _~~~ `' ~ ~ and Public Land Use zes; ~:o : rovisions re: temporary ABC licenses for speaal event _ ' 'es; and ® May 1 , 1'98 -Planning Commission holds continued study session and voted on possible changes to City policies and zanmg provisions on alcohol. e Aril 23, 1986 -Planning Commission holds study session and continues to May 14. Presenting reports and responding to questions were: Richard Cottingham, Department of Alcohol Beverage Control; ~'~° ~~ ~-x 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 LIQ.4~lOR • Date Considering Body and •Summary' of Actions . ~ • ~ • •~• 05-22-86 Planning Commission Memorandum to City Council: (Continued) (Continued) ® April 14, 1986 -City Council holds pu ~ lic'heara to consider extension of moratorium. After rece' 'ng~>u~iGc~e moray ,',., dy~ `s~ • Council determines to extend th mora orrr~m fors 1=2d days (Ordinance Number 1222) and directs the Planning Commission; to submit their findings and repo to the City Council within 45~ days. a April 1, 1986 -City Council``pres ~ ed~report on~actions taken by ~ the Planning Corm~.sion in s ~rig.~ existing provisions regarding alcohol based on concemsidentified above. M h 19 198 ~l n i` i C a ° arc a , 6 n ng omm ssi r~Lholds study session on th i ~f C ' l~U P ssuance e on ~ ~ na se errnfor on-site and off-site alcohol sales. February 10, 1986 -City Council~adopts Ordinance No. 1214 - estahlishira • moratorium o~`.the• granting of conditional use ~,;,; ` far orssite.: .doff-site liqu~or.~es~blishments and declaring the urgency tF3er ~ ~,. .~• Includes the follo~~attachments: ~ ' ~~ o April 21, 1986 Mndum to Planning Commission re: Study Session o Alcohol Provision (for April 23 1986 , - Planning Commissio ~ -S'~dy Session), includes the following; - o Focus of study sess~an was how ABC implements Rule • ~ 6i 3 regarding undueconcentration of licenses in a crime ~ . ~~` reporting district with~~~. 'reported crimes greater than 20% of .{ _ , _ the average number of crimes reported on a city-wide ~ ~° basis. e _ °''`; ' a ~ ~=1~lerr~orandu~ri"in~ eluded an April 17, 1986 Memorandum ;_ mrrt `'the Chie 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 4N.. w'1 ~' :. . 'ar ..~4~.~i Page 10 CITY CONSIDERATIONS DURING ADOPTION MORATORIUM ON ISSUING CONDITIONAL USE ESTABLISHMENTS IN 7 986 (Continued) AND REPEALING OF PERMITS FOR LIt~U{~R Date Considering Body and •Summary of. Action ..~ 05-22-86 Planning Commission Memorandum to City Council• (Continued) (Continued) _~_ • Ordinan N b ~ ce um er 1 , An Ordi c.e of the City of S Beach Extending the Moratoriurn• .a • e Granting ;• Conditional use permits for Ori~Sit •i~n~~C f=S~teL_iquo „ Establishments and Declarin ~'~~"~' =~ g rgencSr~ ,_ .ee~,~acio _ ~~,, April 14, 1986 • Department of Alcoholic Bevera a Control, Rule 61.3, Undue Concentration (1984) m Memorandum to , ayor get City ~-~uncil re: Extension of Ordinance Numbe 1214, a Ma ~ tcariutn on the Granting of Conditional Use ermits for On=Site and Off-Site Liquor ~ Sales, dated ~,, ~ 1986, which awed issues of concern t th P o e lining rssion to support the extension of the moratorium, includiru~s _° No city review of ternary, one•day ABC permits; 'quor sales occurrin '~: ressdential areas; ° ~ dire- a al finding . f the denial of a CUP ~.=~ ' appi rc~a#ion ~ _ - ,~' . ® Present •. •r.'a ~"'• does not~°acidr the issuance of ' ~ ~ one~iay pe~i$~•o~°off-sale Iicees outside of 100 feet of • schools, churckies; of residentialas . ~~. ~, ~ • Memorandum to fl and City Council re: Ordinance •, Number 1214, Moratoria on the Granting of Conditional Use ' L ~ "~. w~ Permits for On-Site an ~Qff-Site Liquor Establishments, dated ~`" ~ March 28, 1986, provi- an overview of the timeline of ~ ~~ ~ ` ~ t h ~,~ =- even s up to t at poin in time and set forth the concerns identified in the above~ ~ ~- ~ . em. : - '~~, .,Planning Comm scion Minute Excerpt re: Scheduled ~' after' ~ p'`~ires for processing alcohol requests March , " 19, 986 • Letter from Police Chief to Alcoholic Beverage Control Board re: Rule 61.3, dated March 19,1986 e 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. ~• ~: ~~ a,. Page 11 CITY CONSIDERATIONS DURING ADOPTION AND REPEALING ,OF MORATORIUM ON ISSUING CONDITIONAL USE PERMITS FOR LI(~U.OR ESTABLISHMENTS IN 1986 (Continued) ;; Date Considering Body-and Summary of Actions - - 05-22-86 Planninal Commission Memorandum to City Council: (Continued) (Continued) City Councii Minute Eucerpt~r. • Orc~#inance 124 Establishing Moratorium -Liquor a censer- Feary~-~, ::'~ ~ : ~r 1986 -' -~ ~' -• ~~" Ordinance No. 1214, An Ordinance of the City of~'~eal . Beach Establishing a Moratorium on the granting of ..:, . ;t Conditional Use Permits 'fiir. Vin= - ite and Off-Site Liquor Establishments and`Dectari • the Urgency Thereof, adopted February 10,1986 ~ -. o Citywide Li uor~ licenses (as of 411;91.86) - a listing of the types of alcohol censer by area of~the City -Old Town, The Hill Area,~Surfside`~A_rea Leisure Wed Area, and Rossmoor Area. -g, o Executive Summary ~,~Uses of Planning and Zoning ~ k x Ordinances to Regulate ~coho Outlets in California Cities, revers n .Research Institutipac Institute for Research -.. ~ :. _,°° and E~aft~ia-tion~..u• `odated June 1~985~ (Planning Commission Memi>~and all assoc~at~~~reports, Ordinances, and meeting minutes are on file and,aplable in City Ha 05-21-86 ~Jannin Commission Minutes: Report -Alcohol Provisions: ~~ 1~)v ~KPl~anning Commission review~of final recommendations to be - .~ ~f~~o~+varded to the City Council °based on discussion at May 14, 1986 ~, ~~~ °~•'•~~ ~~ ~:~Plannirag Commission StudySession (pages 10-11 of Attachment ;,~ 2.) t. r •_ (Detailed eating M-in~,es„ -,~,aa~e~n 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 regaling 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 .~ ~. 1' , nse ff the ratio of on and off-sale in a given reporting district or ~. ~ ~.: ~ > ~-Census Tract exceeds the County ratio, based on comments of the ~- `~~~ ~z°-` ~ ~ - City Attorney (page 8 of Attachment 24). (Detailed Meeting Minutes are on file and available in City Hall) Page 12 CITY CONSIDERATIONS DURING ADOPTION AND REPEAL iUIORATOR1UNi ON ISSUING CONDITIONAL USE PERMITS FOR ESTABLISHMENTS IN 1986 (Continued) e Date ~ Considering, Body and Summary of =Actions ~ ~ !' 04-23-86 Plannin Commission Minutes: Study Session Alcoholic Beverage Provisions: 4) Extensive discussion regarding the role -o ~B,~~~ ` ; •w ~ ~' cities to regulate alcohol sales establishments; and 5) Comments by City Attorney regarding ability of a city to impose numerical limit on the number of lice ses (pages 15 and 18 Attachment 25). ~ _ , (Detailed Meeting Minutes FINANCIAL 16U~PACT: Unknown until Staff receives direction from desired actions by staff, tt~e"`~~~*Oommi~ and regarding any future Council. City Council to future desired address concei der Staff report and is by staff, the Plai d issues as may be direction~Staff regarding any immisslon and City Council to by the City Council. BY: Liee Wh~tenberg Director of Deve[opm (2) 2: NOTED AND APPROVED: David Carmany City Manager Planning Commission Minute Except of April 8, 2009 regarding Conditional Use Permit 09-3 Section 23E.44.030, Special Provisions -Numerical Limitations, GE Elmwood Commercial District, City of Berkeley Zoning Code r' PLANMOlVC C®MIV~ISS9®N tNLMUTE ®F APRlL 8, 20®9 i~EG~1RDl.i C®IVDIT!®NAL USE PER~AI~I (Chairman Deaton requet~"i~~. i ~"~s be,~ verbatim) City of Seal Beach Planning Commission Meeting Minutes of April 8, 2009 1 AYES: Denton, Bello, Eager, Larson, and Massa-Levitt 2 NOES: None 3 ABSENT: None .e~~ 4 5 s 6 SCHEDULED MATTERS 7 8 None. 9 10 PtlBLiC HEARINGS 11 :~.; :~''''. ~' 12 1. Conditional Use Permit 09-3 ' ~~_ >~ ~ ~~ 13 210 Main Street (1Naki Sushi) 14 ~ ~~ '~ 15 Applicant/Owner: Yong ~ Jane Par -ti.=',a~r'~Ps;,~`tria ~, , & Yvette Jacobson 17 Request: Establish a new restaurant use vui ~ ~ a Type 41 (Beer & ~r~e 18 ~ -Eating P~I~ce,,,~ IBC license wi ~ ~ :in the Main Street Specific 19 Plan (MS P) one. _ , 20 21 Recommendation: Approval, subject to ~~ ~ nti~it~ons, and adoption of Resolution 22 09-1~ a 23 24 Staff Retort -`~ 25 3 ' 26 Mr. Whittenberg d,~elivered the staff repo asp Rows: (Staff'Re ort is an fcle for inspection 27 in the Planning Dep~tment.) He provided ome backgrou information on this item 28 noting that the fa~ilify proposed for this restauaai1 se is in the 200 block of Main Street 29 and was the previous location for "Sweet Be ~ a -Bliss," a frozen yogurt shop and for 30 many ykears befo ,t awes "Grandma's Cookies.''and is located just north of the Bank 31 of Am ca on Main=~Stceet. The previous use .of the building are classified a dessert 32 sho~plcoffee~ house under the standards of the~1V[ain Street Specific Plan (MSSP) and 33 ,*t~ at type of use has a~ iffe``'n~ parking requi ment than a restaurant use as indicated 34 in the Staff Report disc ~`s o F o:th ~equ~"ir<ements for "in-lieu parking" based on that 35 difference in parking Stan 'rd's: ~ ;- the rear of the properly 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 building permit records for the initial construction of either of 39~'~ ~~ these structures. The ge:eral position of Staff is that these uses are nonconforming 40 ~$ nd when new applications come before the Planning Commission (PC) they must be 41 ~ made as conforming as~ssible. Within the MSSP there are a number of frndings that 42 ~ :•~_=s~be made in to approve requests for Conditional Use Permits (CUP), as 43 s;otnr> Page -,-of=the Staff Report: 44 ~ . . . - = '~ ~~ 45 ^ 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. 2of76 . City of Sea! Beach Planning Commission Meeting Minutes of April B, 2009 1 3 4 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 44 45 0 ^ The use is compatible with surrounding uses and the community in general, and not detrimental fo the neighborhood. ® The subject property is adequate in size, shape, topography, and /oca " on fo meet the needs of fhe use of the property. ^ The use is consistent with the intent and purpose and vision esfablis ed for fhe MSSP. ^ The use does not conflict with the Speck Plan's goal to establish and maintain a balanced mix of uses that serve fhe needs df both Local a _ non-local populations. ^ The use will contribute to the unique character of Main,~~r=eet and the qualittees that provide Main Street a sense of identity. ~,~~;~,, ~', ~ p.''`-~ _,~ Those -are findings that the Commission would need to make to approves conversion to a restaurant use and to approve the requested alcohol use particular property. '"~ . ~- Also in-lieu parking issues arise in this ty e f requirements. For a dessert shop/coffe ,"ouse space per 500 sq. ft. of building area• ~: • a~rest~ ft. In this particular case 11 spaces iota ar , based on the size of the current building as a = e; of 8 spaces. The City's in-lieu parking fee is $3,, to allow the conversion to a .estaucant is $28,C some direction on a fai~leceri~ "' ~ p icat~on on schedule out as far Featistically~po;°6 a ith allowed for the payment of fees, but th ~ ~taa °~e would be negotiatedbetween the business,pe use be"~ us`of the change in parki use the par ~~ng standard is 1 parki for and City staff. urant it is ~ parking space per 100 sq. equired, ifi~ 3 spaces grandfathered sef# sh .use, leaving a net deficiency pe space, so the total required fee D"0' ~ ~ Commission has given Staff Maya street to spread that payment a 7-year~°fir~~periad the longest time rms and con~itiaas are something that The discussion onthe proposed alcohol use as opposed ~ the restaurant use itself is found in the Staff ort starts on Page 5. Ai col uses on Main Street have always been a:,,concern to~3 a community and in 1996 tl~e a was a major revision to the MSSP that se `~:r~ place fhe"~` 'c~-li_eu fee of $3,500, the . ~quirement for a CUP, and when the MS5 ~.' going th~.~g ~ t e revision proces here was extensive discussion about ~~ a City trying o establish ~ u- erica) cap o alcohol licenses allowed on Main Street. That discussion between ~ :,C . ~ ~ .c~=r~cil (CC), and the pub['tc went on for approximately a year and one-faa ~_~ ~:iejend result was that the City determined not to impose-any numerical caps on the number of alcohol licenses permitted on Main Street, and would leave this to the discretion of the City through the CUP process. Information from the Department of Alcohol and Beverage Control (ABC) as to how many licenses could occur within the Main Street/Old Town area appears on Page 5 of the Staff ~F.ieport. Those numbers ra a determined by ABC on what is called a census tract basis. ere are two census tracts that comprise Old Town, with the tract numbers of 995.11 ra • 9.95.12. They bas'i'cally split Old Town down Central Avenue; one tract is Centra( A°-enUe~o the cear~ nd the other tract is Central Avenue to Pacific Coast Highway (PC~t.~- ;4BC~as= a ratio that is determined on a statewide basis for what puts a particular census tract into an over concentrated situation, and this number is determined on a yearly basis by state ABC based upon population estimates given by 3of16 ;' City of Seal Beach Planning Commission Meeting Minutes of April 8, 2009 1 the state. Based upon the current population in those areas, the total on-sale (icenses 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 resta~nt uses 4 might be along PCH in addition to Main Street. Currently the City has ~ licensed 5 locations in these two census tracts, and on Pages 5 and 6 of the• to ;. eport a 6 detailed listing of each of those licensed locations is shown with the na . e of the 7 business, the address, and the census tract it is in. In 1995, as a result of consi - eration 8 of an application for a proposed restaurant in'~the 300 blocto~ Main Street the PC 9 determination was to approve the restaurant use, deny the alcohol safes, and w • en the 10 matter eventually went before CC they asked for some~o ~er-~ew~ c these, issues. In 11 December 2005, CC gave specific direction to Staff to~,oat a ~- _ ~~re~`rnn~end"a~i®ns on 12 an alcohol license application in the Main Street area, so tonight's Staff~Re s o : do of 13 make a recommendation on the alcohol sales, but presents the information ~"at s, 14 consistently provided on al( application in the Mai t Street~area. Staff is recommend,~ng 15 approval of the restaurant use, but does no~~k~e~ ~recgmendation for the alcohol; 16 sales. The standard conditions for an alc . ~al' license aGe ~n~cluded in the Staff Report' 17 should the PC detem~ine to approve this tall has also ~ r€vided the information ara 18 Page 12 showing which conditions w©ul~- ; ee • to be remo etl, should the PC consider 19 approving the matter without alcohol sale . or the reco • ~~ toff received a letter from 20 the Seal Beach Chamber of Commerce in sr~p~p~o ~ •°•of~J;P 09-3 and also a letter from 21 Warren and Mitzi Morton indicating their op- x pert to approval CUP 09-3 and 22 requesting that the matter be d_eeied, ''' 23 24 Commissioner Questi •rxs ~ `°' 25 `~ ~ - M ~ - ~::.- 26 Commissioner La on asked if Condition ~' o: '~ ~ n Page 9 `sl~oild read °... indicating 27 the availability o =eer and wine ...° Mr. ~ ~,~ittenberg indicated that that would be 28 corrected. `~`~" 29 30 Commissioner Ea~ar sked if the proposed res aurant is to be located in Census Tract 31 995.'!2.., _r. Whitter~be =confirmed that this wa correct. Commissioner Eager noted 32 t• ~t`~ts~census tract- ~ as ~1~4~ alcohol licenses. . Whittenberg stated that there are 14; 33 however, 3 would be ~ - e~riur-nber indicated a . ABC to not be over concentrated. ~He 34 ~ noted that Staff has com fined-~ o.~;-, . ; as Staff has always looked at Main Street as 35 :..~, a whole, but due to popul t on~g ~ "~~? • once the 2000 census Main Street was split into 367 two census tracts. Chairperson Deaton indicated that the number of (icenses along all 38 ~:~ of Main Street, which is 19., is the number that would be relevant. 39 .. --~. Public Hearing 40 ~ • 41 °° ~`; Chairperson Deaton ope ed the public hearing. 42 43 T `-e~ap ~ licantY~on~g Park, stated that before closing escrow he was not aware of all the 44 (icensin~g' req~` ce ants, 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 4of16 ;• City of Sea/ Beach Planning Commission Meefing Mnutes of April 8, 2009 1 succeeding without the ability to offer beer, sake, or wine to its customers. He stated 2 that he hopes to open the restaurant as soon as possible, and cannot wait 6-12~nonths 3 to receive approval for an alcohol license as restaurant safes would not~be strong 4 enough for it to succeed. He reques#ed approval of CUP 09-3. 5 _ 6 Seth Eaker spoke in favor of CUP 09-3 citing diversity of uses along Main S :eet and 7 noting that restaurants represent the engine that drives destination travel on evenings 8 and weekends. He noted that there has been a recent increase~tn ethnic dining~ioices 9 creating a positive and diverse dining experience for residents nd visitors. Wth regard 0 to alcohol licenses he suggested imposing a 6-month re-r.'e penal ee 'i€ this ~-_.. 1 restaurant would be a good fit for the community, ngti~n ~Ftat'.~f' ;'o Basil deaf as 2 approved without alcohol sales and has been doing well. He then thankedthe~PC. r its 3 direction in allowing Staff to disburse the payment of in-lieu arkin fees over a ' P 9 p "ate 4 of time. He~recommended approval of CUP 09-3 ~: - 5 ~ ,~- 6 There being no one else wishing to spec -, ~ Chairpersan'~Deaton closed the public 7 hearing. -, Commissioner Comments VERBATIM[ TRANSCRIPT OF DISCUSSfON. Chairperson Deaton: °;~'~ ~ ' ,_ Z4 _ ~, 25 There were a number of people who tack ~ .ta~rne about ~h~isan ~ , frankly, I expected 26 there to be a largeconcem with the alcoho errnrts. 1 did no`"~~ ~ ect there to be a large 27 concem with the restaurant itself. The feedbac(c:~ at people~• ave me was the "diversity 28 of use has to do wr' - ~, the diversity of parking er~iand," and~n some ways I have never ~~# 29 thought of that. TEie~•reason that we want to have restaurants is so that we have foot 30 traffic #ar our other businesses, but also, the att~er businesses need places for their 31 patrons o~ ark, and='' «~t ~ e~restaurants are going o take up all of the parking because of 32 the~C~gfiearking ~ ~ ~ ~id,,,~then there is no place for the people to park and go to the 33 other businesses, whic . ace~li ones that, frank y, are having more trouble in town right 34 - now than anyone else. e~Ji~aueAa reedy s~ a number of businesses go out. I know 1 35 ; _ just saw Main Street Financia , Tl~'~ravel Center, the clothing store, although we did 36 _:$~~. get another clothing store in there, which is really nice. We had the T-shirt store that 37 -~~~ went out, but then again wee got a children's' shop in there. I think the biggest concern 38 .~ =~ to the residents that talked~o me is parking, parking, parking, and after that was alcohol, 39 which, frankly, surprised me. I thought the biggest concern would have been alcohol. I 40 , . had a woman who called~ne today who said I love sushi and I would love to have a 41 #: sus i restaurant, but I cant walk down Main Street and I can't frnd a parking spot. She 42 ~ sard~that it was abso(ut' y not appropriate to add yet another restaurant. 1 would like 43 t ~ . ~,r-opose~5gnaet#iin and see what my fellow Commissioners think. l would like to ~:~ 44 con nue : Es a~n ~ end it to CC and ask them, since they are the elected and they are d5 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, {guess, but it Sof16 City of Seal Beach Planning Commission Meeting mutes of April 8, 2009 2 4 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 361 3t; 38 39~ 40 41 42 43 44 45 46 doesn't mitigate anything. ft doesn't give us any parking spaces. What we need are parking spaces before we can put in another intensive use for parking. So I wo~1d really like to continue it and ask that the CC tell us: "What do you want to do b`ut more restaurants on Main Street?" "What do you want to do about more atco..ol~ ~ ~ ermits?" "How do you want to handle this?" because once we give an alcohol - em1~~~~we may give an alcoho! permit for sushi and two years later the sushi restaurant is gone'~and that alcohol permit is still there. One of the big problems that we are hearing aba ~~ now is that the sidewalks are not clean enough because of the different alcoho elated establishments, and so forth. I don't feel confident to make=;s decision on b • all of the elected. - ,. ', Commissioner Massa-Lavin: ,~; I agree with you that CC needs to make a decisin" .:hat< <ey are going to do about~tll=e parking issue. They can't keep collecting m • : e a ~Qt~provide any parking space `- ~° ~ Your thoughts are "right on" there. (don::. ant to kee • this business; however, from being able to move forward pending a action of the CC ~~l,think that would be a true hardship on this business. So I would:. ~ ~t~„ move ahe d'-wrth these guys and have them go in and have their beer and~wineli`cis'e The povat is well taken that a sushi restaurant generally does not foment the kin o#~t : • wdy,~betiavior that maybe a Clancy's or Hennessey's or that an O'Mal(ey's does at ce$-''n times of the year or on the weekends, but because of t at~l d • of want to se the : not be able to move ahead. l would like to continue or~itli you -thc~ug. s t Chair Dea#on, - o recommend to the CC that they come up with ~s°-~o'.~~i~tions to the'robierns down here,•-." aybe;~ve need a parking structure. l don t k • ~w where they are going t~o~put it, but itr-~ t~ee~`one. It would take a good deal of thought and work, but tho,~e ~~ds of thingscan happen in a dense downtown, and rr aybe it s time for them to tie theme buffet" a~n,-d come up with a solution. can - ot~'~m consci el~°n go forward with it. Wi~l 9 alcohol permits on there, knowing ~o tie ~~ ~tituents::clvw. y~ere feel about it, ~ d Irvrng a half block off of it and ending p no parking in the ~ eighb"~~iood. So, it g~rves me a real problem to do that. I also •~ -., know that there are otheif«establis ~~ets°rn'~own that the minute we give this one, they will a!I be back and say, e ~ , ~te~~e:~al~ready been here, so now it's our tum to get an alcohol permit." ~I don't know how we would justify, for instance, a restaurant we just approved coming in and saying, "Wait a minute. I want mine now." ible to do an ABC moratorium just on Main Street? It may be possible. The only prohibition would be if we have done that before in the City. You should only do a moratorium once. Lee and I were actually talking about this 6of16 . City of Seal Beach Planning Commission Meeting mutes of April 8, 2009 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. umber 3 two, as you know, the CC is the only body that has that power, soyo~u could 4 recommend it to the CC. With respect to considering these different suggestio s of the 5 Commission, there is a way to accomplish what the Chair wants; however, to ~ontinue 6 this matter and send it up to the CC wouldn't work, because they are the appel[a a body 7 of this body, and so if they provided input white ,this is still within~,your jurisdicban then 8 basically they would be °tainted° from the process and would ra`o'~ be able to h~ r any 9 appeals. So there are other ways to accomplish what you wo .d~ .ant, but I just 4 nt to 0 point that out. ~ ,., ~ is Chairperson Deaton: 41 42 44 ^5 Would the appropriate way to do it maybe be to the CC could address it at that point? -- Quinn Barrow: That's one of the ways, but there they would not have wait a a~:.p~, 2. There is also the issu..~,o,~ :ir~=cn ~ [d~ • 3. Another way is th ~p C always as~•~t[+ way it is not an appeal, but in essence de novo beforettie CC, but that is als appeal fee. You could deny without prejudice. Essenti Wel! the~~[.think wfi~at{vaould like to do is if it gets appealed, that for them to reapply suggestiQ'~~ ovaive the fee to appeal. 3wer to ca ~~ ~ - ~n up for review and that -would still have the,~same type of hearing ~~.~~ that they vuca,~uld not have to pay the that we deny it without prejudice -Quinn Barrow: You would make that recommendation, because only the CC can waive that, but your motion would be to denywithout prejudice and recommend to the CC that they can appeal without paying the free. [~kiio~i what your prob~['~`m is and I guess we all share it. My understanding of the .a~,+$~ :? ~ is , app[~can. i , statem n~as that he wasp t aware before he closed escrow, everybody has ~laat~roblern ~ "guess, that there are licensing problems and zoning problems, and a tot of otfie~ problems, but we are not having a meeting for a month. 7of16 City of Seal Beach Planning Commission Meeting minutes of Apri! 8, 2009 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 lYhittenberg: First off the Commission needs to make you- ~aecisian. decision because you may deny in anticipaf'tan that an appeal is no# frled, after 10 days your deers ~,is the final Chairperson Deaton: Which is fine too, but the whole is we have a p b one application and we are oir~c,~. to~.g~et ourselves this decision." I think ~~;...e"a`~I.~..: i~e~ed' get dir suggestion that we d,~ t " at way so ~ "'a ~ e~-are not Lee Whittenberg: at you think is the b may 6e filed, but if ;, and it is not limited to just us trouble by "piecemealing nom CC and l like Quinn's r~~the vu~ter." Keep in mind th-~~assuming the Commissio.. ~~oes do the road of denying the application and recommending to Council that t ~ ~ ppeal fee be waived if an appeal is filed, there is a ~ ~-~~ period to file the appeal, depending upon when that gets submitte_ .-to the Ct en one is applied for. F ft is fairly quickly we might be able to get ~ on - l~la.. meetln • ; ~ depends on publication dates for newspapers and a number of~her things, so it j s de `ends on when those things fall into place, as to how quickly something may get to CC,ancis~~oa, •'t~giv ~o'~u`'~definite answers on that. Commissioner Larson: There was another one on-=the 300 block that go to Council, where the Commission had said O.K. to food, but no li.-;uor. (~ ee~,Whittenberg• 7:a ~- •~us~rt~es e~te~t• ally decided not to activate this CUP and it was later rea roved ~.~.. PP for a~ ~:"~ tastittbusiness as opposed to a restaurant. 8of16 City of Seal Beach Planning Commission Meeting Minutes of April B, 2009 Chairperson Deaton: That is my suggestion, especially without Commissioner Bello here tonigh_,.,~ ho also shares this district. [fee( the responsibility is beyond us. Commissioner Larson: I agree with that. I share your concern. 1 think'1 know what its You remerril er that some time ago we went back with what to do with a prope - ~ ~#hat backs up to Gum Grove Nature Park on their setbacks. Welt we sent it up to~the ;Coon it-~a~ad~they sent it back and we sent it back up to the Council and they sent{;6'a k: ~~~ R~°` _ 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 peoplf have to face that, that some of the deals we makE trying to do what is best fo ~ -. and if the permits as you want, ther~~s..~.~,~f~;tEey„ ay we v Chairperson Deaton: The bottom line i held accountable I' Commissioner EQFar: they are the elected decision that we m. r motion, if it to be dealt with within say we've been unfair, but we nk we're being fair and we are ~l~says give as many alcohol stop, then that's fine too. are the~ones who are going to be 't been seconded. ! am kind of torn here, because I am always in favor of business, and (would Pike to see them start their business,_.but then, we're "saturated° with alcohol permits here and that's not including our en of Seal Beach. option that the'~Commission has this evening you can approve the Conditional i~for~.,tiae~estaurant use without the alcohol. 9of16 ~' Cify of Seal Beach Planning Commission Meeting mutes of ApRi 8, 2009 39 40 41 42 43 44 45 46 Chairperson Deaton: I don't feel that that's the right way to go because 1've had so many complaints about the parking issue, and if we get more restaurants, I mean, how do we, _. ~• "en do we stop? At what point do we stop giving restaurants, so I would personally`like ~tre Council to direct us. [f they say, "You know, we're just going to bite the bullet," you know, maybe eventually people will go down and use the beach lot and blab, bla'=, blah, I would just like the Council to make that decision because peo°°ple are really . nhappy about the parking intensification that is coming about with the re taurant use. Commissioner Larson: _ ~. Former Mayor Antos will then bring up his lifelong goal to build parki Eisenhower Park. :~,., , ~„ Commissioner Massa--Lavitt.• Is there a way that we can tie; well,~y,,.• • ave is a m won to deny; and that would be deny the restaurant and the ABC lice~~se... Would a then, under a separate recommendation from the PC ask the C f= ther = erect the PC or take it upon themselves to come up with solutions for the parl~ng•r~sues on Main Street? Chairperson Deaton: I think there are a ~cimber of things that ,.. 7 , What aboufrnore restaurant use. Does 2. What abofhe alcohol use. Does this 3. ow are we~:ra • er than just accepting spaces, how v~inre mitigate the parking ask, and~ane~`of them is: bother u or not? :r you or not? Bey when people don't have parking ~.~ike Mr. Larson says~#~ier '~:_s been a plan gated out there for a long time,~and that is ~~ to rots back Eisenhower Park; ~uf=`Parkin ~ ~ rider it, and roll Eisenhower Park back over the top, but then you're as ~r~gp ~ ~~ ~ o, 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 spa'ees does this restaurant get? 10 of 16 ;• City of Seal Beach Planning Commission Meeting minutes of April B, 2009 Chairnerson Deaton: They need to pay for 8 spaces and they are grandfathered in for 3. Bu ~:ese are "virtual spaces," they're not real. - Commissioner Massa-Lavin: And there is no place to put them. CommissionerEa~ar: .,°_,~ w ! can see your point now. Chairperson Deaton: Go an t e computer and you play these virt~a{ shopping`~trips• nd you're paying for all of this stuff, but it's virtual, it's not ~A~._ . Commissioner Larson: But when you open up parking you open up~n~day7 parking and the permits to the church, take away parking ,er it~;.from a swim ~choc~ that wasn't allowed to. It's probably the most diffi ~ ~ .tti~~g=-_t ~`at~:can happen • ea Beach. There is just not arkin We've of :.cou le of to ~~a~,~~~h~' Ci of Lori- g p 9• 9 p ~ .~ ~ 'ty ~~;Beach mana es; the church brings people in from,, shuttle buses. ~~, I know that Staff>has~ been working on this wit arious members of the community on new ideas on how~t• -handle the parking, differenf~ideas have come up, and, of course, it's justzijke bringin •~ ~ ~ pparking meters again. E_v.~erybody has a different opinion and a difer3ent~ici=a,,~but tE~e4:-facs that we're at the ~,~ace "where the rubber meets the road." 'fith the economy the•nca; i~ is about t e only thing being really successful are ~-... restaurants that are sern~~ ~ a„~tca , ol= ~ ; a e are looking at is turning Main Street into a very undiverse use of restaur~~is~ '- >~°a cohol permits. I don't think that's going ~to happen. In every built community, downtown 2"d Street Belmont Shore, they have. he same issue. Oti;~the~do~ ~ `1 can't tell you how many people tell me, "t don't want to be Belmont Shore." 11 of 16 . City of Seal Beach Planning Commission Meeting Minufes of April 8, 2009 39 40 41 42 43 44 45 46 Commissioner Massa-Lavin: 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 ~`~ ~ ill 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 na ~° aced, unti{ now with Pho Basil Leaf, which just happened, and now this; non-restaurat~ ~ ~ s~build'mgs tl~~at are ~.:~.- being turned into restaurant use. Oh no, and the Wine~~Cell~ar. T a : se-.= ;ee ;are S. rand new uses. Those are the only three in the six years I have been on t1~~ T ~° rtd~they have all happened recently, since we've entered this problem area. So I just a .-gat the CC needs to grapple with this because, o ~ ~. s ; ,we are making decisions `hat they have to face their constituents for. ,..: Commissioner Larson: - Well t recommended once that we take th ~~ t ;_e ~ ter and th ° gas station that was there and turn that into a parking lot. ~ ,~ •'_:~.~, Commissioner Massa-Lavin: Shopping in front Why don't we call Lee 13Thittenberg: If I might just tt'"is to deny th'e appii~ appeal with no appeal Commissioner Larson: We don't have an under. a liquor license. I gather ~u know li . ~~stc~r ~ in front question? I'II c~ll;:for~he qu motion, it is to deny prejud cation. ove and behind. to recommend to the CC to hear an iding if the applicant would be happy with operating without wants the liquor (icense. him the opportunity, though. 72 of 96 City of Seal Beach Planning Commission Meeting Mnutes of April B, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ S 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '° 5 1 Chairperson Deaton: But we still have the issue of the restaurant and the parking. Commissioner Massa--Lavitt.• Oh, that's right. Commissioner Eager: At this point in time before we vote, should the applicant .-: Chairperson Deaton: The question has been called for. ,: MOTION by Deaton; SECOND by Larsoia;.:. o,~E prejudice and recommend to City Coeil~~i~a Y i~AOTION C~-RI~IED: 4 - d -1 ~4YES: Deaton, Eagan, Larson, NOES: None O.K. that's four zero deny the appiica~or~`v o to an a eel rocess to the CC without~`°~'a 9 PP R :-.:.~ P Lee 1V/zittenberg: We do -' have a reso cation before you at this the dis ~ ~ scion an fa = ' . into a resolution tl p~resent~ta4tl'a''e„~applican~for~im to use as part Chairperson Deaton: ~ ~ " '" So now we're at the end of,the agenda, right? 4 .~ r Conditiortai~~ se Permit 09-3 appeal feed, a waived. ~~ ~de.~assa-Levitt ut pr fee. allow you time to in time, but what we will do is take 'I1 have completed by tomorrow to appeal, and we will provide it to the What I would-fike to do now is I would like to make a motion, and if it works for you guys, what I would like to da is ask the CC to direct us, specifically, on what they want 13 of 16 - City of Seal Beach Planning Commission Meeting minutes of April B, 2Q09 1 to do about Main Street restaurants, liquor permits, etc. !t's one thing to address this as 2 one thing, but now we need some direction on how they want us to handle Ma'tt~Street, 3 with the understanding that there are 191iquor licenses just on that one streei~ ere with 4 the understanding that we have a parking issue. Where they eventually.~~p~ ark ~is in the 5 neighborhoods, and so people coming home at night are competing with-~fie peple that 6 are eating on Main Street to park. lt's a knotty issue that 1 would like directions~on this. 7 8 Commissioner Larson: Is that going to open up the Specific Plan? Chairperson Deaton: It may not open up the Specific Plan, Specific Plan. Lee Whittenberg: -~.~•~ I think those are some issues that the Corr that is before them, we'll have to huddle with S out and present something to CC and they will how far they want us to go w~.~,.tt~is~~~ Quinn Barrow: If t could interru your application Clerk, and the F any appeal fee. that vQa..direct S Est want to make it c1e '-° gut prejudice, you hav recommending to the C ber two; technically this i; ake a verbatim transcri 3iiab(e CC meeting and th ~~~~ Can i go forward with my Guinn Barrow: of the Main ides the suggested motion ~w that process would work up giving us direction as to ie applicant~ttiat the PC has denied ays to filean appeal with the City t they consider your appeal without on the agenda, so I would suggest 'this discussion and present it to the ~e Council can give us direction. ,Not with a motion, but I if~here is no objection, we are going to send this transcript to the Council and you can direct Staff to make it clear exactly the points that you want the ~uncil to consider. .. .~; womrrissio"ner:.Ea~ar~ = < What are we-directing Staff? !want to make sure .. . 14 of 76 - City of Sea! Beach Planning Commission Meeting Minutes of Apn7 8, 2009 Chairperson Deacon: I think there are three items: the parking issue, fine restaurant issue, and~tl~.e alcohol permit issue. ~A Lee WhittenberF: , What we'll do is prepare a verbatim transcript of,the discussion that's gone om•=that will get submitted to Council. The next available Council meetinwill be able a be on would be the April 27~' Council meeting, because their agenda a.done for the April 13"' meeting. ,_.€ Commissioner Eagar: So we're directing Staff to make sure that they wilt then come back and direct you? Lee WhittenberF: They may; they may not. We don't Commissioner Eat: I want something to 1 know this has beer Lee Whittenberg: The best we can and then it is up 1 B'~t his comments wily concrete coming out of Lee WhittenberF: That is correct. C rought up to Council of this; I iri~n ~'~something to be established. the best Commission~ri~, do is foiward information to Council :il to determine how the~v~tish to respond to that request. That he would like something Mr°~Whittenberg repo ed that the City has been working very closely with the Leisure Wo • ~ ~a(L11V}•~n .respo~".nse to the recent fire. He stated that City Staff is meeting on a bi- weekly~b~asi,. t©`~~e~isure 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 15 of 16 - A~AC~M~N~ SECTI®N 23E.44.®30, SPECIAL P -NUMERICAL LIMITATI®N ELMl~I®®t7 C®IVIMERCIAL DISTRICT, C1 ®t= SERKELEV Z®NINCa CO®E Chapter 23E.44: C-E Elmwood Commercial Ta6/e Use Prohibited Circus or Carnival UP PH Commercial Excavation UP(PH) Including earth, gravel, min als, or other building materials including drilling _ _ .~ for, or removal of, oil or natu ;aas and `, Radio, Television orAudio/Sound Recording and/or Broadcast Studios Warehouses or Storage including Mini- storage Warehouses 1l~reless Telecommunications Facilities when located on site with existing facilities When located on a site without existing facilities ZC -Zoning Certificate ~"~ AUP - AdministraEive Use Pemtit UP(PH) -Use Permit, public hearing required E to the requirements of Section .100 may be granted if ZAB approves of necessity as required by nge of L)se~" oor- rea between 2,000 and I sq. ft. sha Y dire an AUP; over 3,000 sq. ft require a UP(~Fi) ange of Use of floor area over 3,000 5q. ft, shall re a UP(PH) ~BRn~°Use?not liste ~~th;, is'"compatible with the purposes of the C-E District shall be permitted subject to securing a Use Pe ''t: An ~''1J~se that is nat co'~patible with tha purposes of the C-E District shall be prohibited. ~, ~~. 'a 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-I~{S § 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 Use and subject to _numerical limitations, as set forth in Table 23E.44.040 shall also be subject to the meur s of S~tion 23E.44.030. No such Limitation may be exceeded unless the Board issues a Use ~~ ;;anmakes the findings under Section 23E.44.090.C. (Ord. 6478-N5 § 4 (part), 1999) Title 23 Page 247 ~' Chapter 23E.44: C-E Elmuvood Commercial Ta61e 23E 44.040 Numerical limitations ~ Use Number limit Sizes . ft. T e of Permit ArUCraft Shops, GiftMovelty Shops, 12 ° 1,500 Zoning Certificate Jewel ANatch Sho s Barber/Beauty Shops, including Manicure and 7 None Zoning Certificate other Personal Care Bookstores, Periodical Stands 4 2,000 Zor~in Certificate Clothing Stores, including Hats, Shoes and 10 None r;~ ' Zoning Certificate Accessories Financial Services, Retail '° 2 Non - ...~ ' ~ elJs pe v Food Service Establishments; ~''' -~ ~i• Carry Out Food Service 3 1,000 Use Permit Quick Service Restaurants 7 1,000 Use Permit ' Full Senrice Restaurants 7 : ,-IVane~ Use Permit Photocopy Stores, Printing, Fax, Magnetic Disk Z ~ s` `~~{~00 `~~~ ' Zoning Certificate Re roduction Services ' ~ . Total "Shall have no more than 2 Automatic Teller Machines - ~ in..~ ew~n wic• r ~ ~__s. ~....... furw .,._._. ~~;;~•~ Section 23E.44.050 Construction of lVew Floor ~lr®a, Conve"is~o~ Requirements for Use Permits ~'`'~ ` ' A. No new rose floor area shall `~ , 9 ~creafed uoCess _a~'l~se Permit is includes construction of nevus°burldings or Accesso; t Bui~ings; a installation of new floor or~~~ezzanine levels within o.~~.,ri sting b ~~ _ . .~ . . B. Existing buildings used~for commercial activities shall no `:lse~ corn Permit is obtained. (O "' X78-NS § 4 (part), 1999) _ ~~` Section A. ,P~miit is obtained and is in a x Or'~``,d~; -~ Any Use which is incidental to the requirements identified in the Uses below: 1. Any food service use shall sub as an Incidental Use for this Du ~` ~` 3. Buildings - 1 4~ ation of new floor area 9stin buildings; or the an Administrative Use between the houis f 7:00 a.m. to 10:00 p.m., unless a Use ~ Section 23E.~_ ,.p10. aaeuttdtng or property shall be subject to the permit ermitted Use heading, in Table 23E.44.030, except as to the limitations in Table 23E.44.040 and shall not be considered ~4~ty~acbvity or Use which occrlts outside of a building shall be subject to the permit requirements i en ed in the Parking, Outdoor and Exterior Window Uses heading in Table 23E.44.030. ' ~; €„, D. Adult arr~ d 8~isinesse~~and Amusement Device Arcades are not permitted, Alcoholic Beverage Sales or Service fjs 'n iveJWork Uses shall be subject to the requirements of Chapfers 23E.16 and 23E.20, in addition to the requirements of this District and below: Title 23 Page 248 r' t.