HomeMy WebLinkAboutPC Min 2009-07-22City of Seal Beach Planning Commission
Agenda for July 22, 2009
7:30 p.m.
PLEDGE OF ALLEGIANCE
I.
ROLL CALL
II.
ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON
III.
AGENDA APPROVAL
IV.
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or
public to request an item be removed from the Consent Calendar for separate
action.
ORAL COMMUNICATIONS
V.
At this time, members of the public may address the Planning Commission
regarding any items within the subject matter jurisdiction of the Planning
Commission, provided that the Planning Commission may undertake no action or
discussion unless otherwise authorized by law.
CONSENT CALENDAR
VI.
Items on the Consent Calendar are considered to be routine and are enacted by
one motion unless prior to enactment, a member of the Planning Commission,
staff, or the public requests a specific item be removed from the Consent Calendar
for separate action.
1. Building Activity Report – June 2009.
2. Receive and File: Urban Design Reclaimed: Tools, Techniques, and
Strategies for Planners.
rd
3. Receive and File: The 3 Annual Compass Blueprint Recognition Awards
4. Receive and File: American Planning Association (APA) Document.
5. Receive and File: Various Information Documents
1
City of Seal Beach Planning Commission • Agenda of July 22, 2009
SCHEDULED MATTERS
VII.
6. Approve Planning Commission Meeting Minutes of July 8, 2009.
7. Main Street Specific Plan (MSSP)
PUBLIC HEARING
VIII.
8. Conditional Use Permit 09-8
136-136½ Main Street (Pho Basil Leaf)
Applicant/Owner: Jennifer & Michael Luu / Brian Kyle
Request: To allow a Type 41 ABC license (On-sale Beer & Wine
– Eating Place) in conjunction with an existing
restaurant.
Recommendation: Pleasure of the Planning Commission.
9. Conditional Use Permit 08-3 (Indefinite Extension)
302 Main Street (Main Street Wine Cellar)
Applicant/Owner: Randy Maddix / Henryk Warno
Request: For the indefinite extension of Conditional Use Permit
08-3 and for the expansion of the existing hours of
operation to 11:00 a.m. to 10:00 p.m., seven days a
week.
Recommendation: Extend probationary period for Conditional Use Permit
08-3 for an additional six (6) months and deny
expansion of operating hours through adoption of
Resolution 09-29.
10. Conditional Use Permit 09-5 & Variance 09-4
4000 Lampson Avenue (Chevron Station)
Applicant/Owner: Bhupinder S. Mac
Request: Approval of a Conditional Use Permit to convert the
service bay area of an existing service station to retail
space, and a Variance to add a Type 20 ABC license
(Off-sale beer and wine) for the existing convenience
store.
2
City of Seal Beach Planning Commission • Agenda of July 22, 2009
Recommendation: Approval of Conditional Use Permit 09-5, subject to
conditions, and adoption of Resolution 09-19. Deny
Variance 09-4 through adoption of Resolution 09-30.
STAFF CONCERNS
IX.
COMMISSION CONCERNS
X.
ADJOURNMENT
XI.
Cancel meeting of August 5 adjourn to regular scheduled meeting of August 19,
2009, at 7:30 P.M.
3
City of Seal Beach Planning Commission • Agenda of July 22, 2009
2009 Agenda Forecast
Aug 05
CANCELLED
Aug 19
Main Street Specific Plan
Sep 09
Sep 23
Oct 07
Oct 21
Nov 04
Nov 18
Dec 09
Dec 23
4
CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of July 22, 2009
4
5
6
7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, July 22, 2009. The meeting was held
1
9 in the City Council Chambers and began with the Salute to the Flag.
10
ROLL CALL
11
12
13 Present: Chairperson Deaton, Commissioners Bello, Larson, and Massa-Lavitt.
14
15 Also
16 Present: Department of Development Services
17 Lee Whittenberg, Director of Development Services
18 Jerry Olivera, Senior Planner
19 Steve Flower, Assistant City Attorney
20
21 Absent: Commissioner Eagar
22
23 Mr. Whittenberg stated that Commissioner Eager had reported that he would not be
24 present at tonight’s meeting due to a schedule conflict. He then requested a motion to
25 excuse Commissioner Eagar’s absence.
26
27 MOTION by Bello; SECOND by Larson to excuse Commissioner Eagar from the
28 Planning Commission meeting of July 22, 2009.
29
MOTION CARRIED: 4 – 0 – 1
30
AYES: Deaton, Bello, Larson, and Massa-Lavitt
31
NOES: None
32
ABSENT: Eagar
33
34
ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON
35
36
37 Commissioner Massa-Lavitt nominated Chairperson Deaton to continue as Chairperson
38 of the City of Seal Beach Planning Commission; Commissioner Bello seconded the
39 motion.
40
41 MOTION by Massa-Lavitt; SECOND by Bello to elect Ellery Deaton as Chairperson of
42 the City of Seal Beach Planning Commission.
43
MOTION CARRIED: 4 – 0 – 1
44
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These Minutes were transcribed from audiotape of the meeting.
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Meeting Minutes of July 22, 2009
AYES: Deaton, Bello, Larson, and Massa-Lavitt
1
NOES: None
2
ABSENT: Eagar
3
4
5 Commissioner Bello nominated Commissioner Massa-Lavitt to continue as Vice-
6 Chairperson; Chairperson Deaton seconded the motion.
7
8 MOTION by Bello; SECOND by Deaton to elect Commissioner Massa-Lavitt as Vice-
9 Chairperson of the City of Seal Beach Planning Commission.
10
MOTION CARRIED: 4 – 0 – 1
11
AYES: Deaton, Bello, Larson, and Massa-Lavitt
12
NOES: None
13
ABSENT: Eagar
14
15
AGENDA APPROVAL
16
17
18 MOTION by Massa-Lavitt; SECOND by Bello to approve the Agenda as presented.
19
MOTION CARRIED: 4 – 0 – 1
20
AYES: Deaton, Bello, Larson, and Massa-Lavitt
21
NOES: None
22
ABSENT: Eagar
23
24
ORAL COMMUNICATIONS
25
26
27 Chairperson Deaton opened oral communications.
28
29 Seth Eaker, Seal Beach Chamber of Commerce, spoke regarding the pending review of
30 the Main Street Specific Plan (MSSP) and encouraged the Planning Commission (PC)
31 to limit the number of restrictions on businesses in Old Town. He provided a letter
32 listing several recommendations including parking validation for customers, valet
33 service during peak hours, and use of the beach parking lots.
(Letter is on file for
34 He then recommended establishing an Ad Hoc
inspection in the Planning Department.)
35 committee to participate in this discussion. Mr. Eaker then extended an invitation to the
36 community to attend the Summer Concert Series at Eisenhower Park. He ended by
37 congratulating the City of Seal Beach Department of Administrative Services for the
38 Certificate of Excellence awarded for excellence in financial reporting.
39
40 There being no one else wishing to speak, Chairperson Deaton closed oral
41 communications.
42
CONSENT CALENDAR
43
44
45 1. Building Activity Report – June 2009.
46
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City of Seal Beach Planning Commission
Meeting Minutes of July 22, 2009
1 2. Receive and File: Urban Design Reclaimed: Tools, Techniques, and Strategies
2 for Planners.
3
rd
4 3. Receive and File: The 3 Annual Compass Blueprint Recognition Awards
5
6 4. Receive and File: American Planning Association (APA) Document.
7
8 5. Receive and File: Various Information Documents
9
10 MOTION by Larson; SECOND by Bello to approve the Consent Calendar as presented.
11
MOTION CARRIED: 4 – 0 – 1
12
AYES: Deaton, Bello, Larson, and Massa-Lavitt
13
NOES: None
14
ABSENT: Eagar
15
16
SCHEDULED MATTERS
17
18
19 6. Approve Planning Commission Meeting Minutes of July 8, 2009.
20
21 Mr. Flower noted that Chairperson Deaton was absent from the meeting of July 8, 2009,
22 and should abstain from voting on this item.
23
24 MOTION by Bello; SECOND by Massa-Lavitt to approve the Planning Commission
25 Meeting Minutes of July 8, 2009, as presented.
26
MOTION CARRIED: 3 – 0 – 1 – 1
27
AYES: Bello, Larson, and Massa-Lavitt
28
NOES: None
29
ABSENT: Eagar
30
ABSTAIN: Deaton
31
32
33 7. Main Street Specific Plan (MSSP)
34
35 Staff Report
36
37 Mr. Whittenberg indicated that this Staff Report provides a general overview of the City
38 Council (CC) discussion of the Main Street Specific Plan (MSSP) at their meeting of
39 July 13, 2009. He indicated that the CC Staff Report from that meeting is also attached
40 and provides a brief history of previous actions and consideration taken in the past and
41 highlights concerns expressed by the Planning Commission (PC) when considering a
42 previous Conditional Use Permit (CUP) application. He noted that Attachment 2
43 comprises direction given to Staff and the PC by CC and indicates that the main issues
44 include:
45
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City of Seal Beach Planning Commission
Meeting Minutes of July 22, 2009
1 Consideration of “heightened review” for additional restaurant and alcohol license
?
2 applications within the MSSP Zone.
3 Consider setting a cap on the number of alcohol licenses to be permitted in the
?
4 MSSP Zone.
5 Placing an automatic 5-year review on all future Conditional Use Permit
?
6 applications alcohol licenses.
7
8 He indicated that Staff would research the processes used by other cities and review
9 the concept of using a “sunset clause” on these CUPs, as well as complete a review of
10 the history of businesses on Main Street and provide information on how businesses
11 operations have changed and evolved over time. Mr. Whittenberg then requested
12 feedback on any other concerns or ideas that the PC might wish to include in this review
13 process.
14
15 Chairperson Deaton stated that she would like to immediately address the specific
16 issues presented by CC and then consider conducting study sessions or appointing a
17 Citizens Advisory Committee to help in addressing any other issues. Mr. Whittenberg
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18 noted that Staff would prepare a presentation for the PC meeting of August 19, with
19 the primary focus on the issue of numerical caps and the sunset clause issue, and also
20 seek direction from the PC regarding scheduling the community workshops.
21
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22 Commissioner Larson stated that in watching the CC meeting of July 13 it was not
23 clear what the direction should be. Chairperson Deaton indicated that she believed the
24 last unanimous motion of the evening did provide clarity and the City Attorney’s
25 summary also helped to provide direction. Commissioner Larson indicated that he does
26 not favor rescissions of CUPS after 5 years. Mr. Whittenberg explained that the
27 proposal is not for revocation of CUPs but for an automatic review of the CUP after
28 5-year periods to see if any adjustments need to be made to the conditions of approval.
29
30 Commissioner Bello asked what CC can do regarding interim regulation on alcohol use.
31 Mr. Whittenberg stated that this is currently under discussion with the City Attorney’s
32 office. Mr. Flower added that Staff was planning on having something ready to present
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33 at the CC meeting of August 10; however, it appears that more research will be
34 necessary.
35
PUBLIC HEARINGS
36
37
38 8. Conditional Use Permit 09-8
39 136-136½ Main Street (Pho Basil Leaf)
40
41 Applicant/Owner: Jennifer & Michael Luu / Brian Kyle
42
43 Request: To allow a Type 41 ABC license (On-sale Beer & Wine –
44 Eating Place) in conjunction with an existing restaurant.
45
46 Recommendation: Pleasure of the Planning Commission.
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City of Seal Beach Planning Commission
Meeting Minutes of July 22, 2009
1
2 Staff Report
3
4 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
5 He provided some background information on this item and noted that the
Department.)
6 original Conditional Use Permit 08-11 (CUP) for Pho Basil came before the Planning
7 Commission (PC) in January 2009, and was approved for a restaurant without alcohol.
8 The applicant now wishes to add alcohol service and the seal Beach Police Department
9 (SBPD) reports that they have had no complaints or calls for service at this location. He
10 added that City Council (CC) Policy from December 2005 precluded Staff from making
11 recommendations on alcohol licenses on Main Street, but if approved, Staff would
12 recommend a 12-month review period.
13
14 Commissioner Questions
15
16 None.
17
18 Public Hearing
19
20 Chairperson Deaton opened the public hearing.
21
22 Joanie Luu, spoke on behalf of the owners of Pho Basil Leaf, and noted that with the
23 operating expense and overhead for the restaurant the alcohol service would help
24 tremendously in generating at least 50% of the restaurant business. She stated that
25 they have invested a lot of money and are requesting an equal opportunity and to have
26 “a level playing field” with the other restaurants on Main Street. She emphasized that
27 after being in business for 6 months they have had no problems or complaints. She
28 recommended approval of CUP 09-8.
29
30 Seth Eaker spoke in support of CUP 09-8 for alcohol service at Pho Basil.
31
32 Susan Pirelli, 308 Regatta Way, spoke in favor of Pho Basil, noting that Main Street has
33 improved over the years and is a much safer place than it was previously.
34
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35 Kevin Halpin, 12 Street, recommended approval of CUP 09-8.
36
37 There being no one else wishing to speak, Chairperson Deaton closed the public
38 hearing.
39
40 Commissioner Comments
41
42 None.
43
44 MOTION by Massa-Lavitt; SECOND by Larson to approve Conditional Use Permit 09-8,
45 subject to conditions as presented in the Staff Report.
46
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Meeting Minutes of July 22, 2009
MOTION CARRIED: 4 – 0 – 1
1
AYES: Deaton, Bello, Larson, and Massa-Lavitt
2
NOES: None
3
ABSENT: Eagar
4
5
6 Mr. Whittenberg noted that Staff has not prepared a final resolution and will return at the
th
7 August 19 meeting with the final resolution for adoption. Mr. Flower at the direction
8 from CC Staff has not taken a position on alcohol CUPs on Main Street, and in order to
9 effectuate that policy, Staff did not prepare a resolution in advance.
10
11 Chairperson Deaton suggested that in the future perhaps both a resolution to deny and
12 another for approval should be prepared for use at the PC meeting. Mr. Whittenberg
13 stated that the problem with this is that when approving a CUP, specific findings must
14 be made, particularly in the Main Street area, so Staff must construct the resolution to
15 reflect positive findings for all of those areas, and to have the resolutions done prior to
16 the public hearing precludes a clean record of the hearing with the documents coming
17 back to the PC.
18
19 9. Conditional Use Permit 08-3 (Indefinite Extension)
20 302 Main Street (Main Street Wine Cellar)
21
22 Applicant/Owner: Randy Maddix / Henryk Warno
23
24 Request: For the indefinite extension of Conditional Use Permit 08-3
25 and for the expansion of the existing hours of operation to
26 11:00 a.m. to 10:00 p.m., seven days a week.
27
28 Recommendation: Extend probationary period for Conditional Use Permit 08-3
29 for an additional six (6) months and deny expansion of
30 operating hours through adoption of Resolution 09-29.
31
32 Staff Report
33
34 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
35 He provided some background information on this item and noted that the
Department.)
36 original Conditional Use Permit (CUP) 08-3 was approved by the PC on July 9, 2008,
37 and one of the conditions was to carry over the operating hours of the previously
th
38 existing CUP 06-2. He indicated that at the July 9 hearing the applicant agreed to
39 abide by the conditions of CUP 06-2 and the new CUP 08-3. Mr. Olivera indicated that
40 Staff has since been made aware of a number of occasions when the hours were not
41 being adhered to, noting that last week he observed 4 nights on which the business was
42 open beyond the approved operating hours. He noted that Seal Beach PD has reported
43 no problems with the business, and Staff has received no complaints regarding noise,
44 but has received anonymous complaints regarding the hours of operation. Mr. Olivera
45 then stated that Staff is recommending that the probationary period be extended by an
46 additional 6 months prior to approving the indefinite extension of this CUP.
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City of Seal Beach Planning Commission
Meeting Minutes of July 22, 2009
1 Commissioner Questions
2
3 Commissioner Bello requested clarification of what the operating hours should be. Mr.
4 Olivera explained that as approved with CUP 06-2, the operating hours were to be from
5 7:00 p.m. to 9:00 p.m. three nights a week, for the private wine tastings. He noted that
6 when quickly preparing the final resolution, which took place during a brief recess in the
7 meeting of July 9, 2008, the hours were erroneously listed as being 7:00 p.m. to 10:00
8 p.m., but it was Staff’s intention that the hours be listed as approved, from 7:00 p.m. to
9 9:00 p.m. Commissioner Bello questioned the legality of this action. Mr. Flower
10 recommended that at this point Staff not hold the applicant to the 9:00 p.m. closing hour
11 as the expressed language of the written resolution is 10:00 p.m. for the private wine
12 tastings. He noted that in going forward the PC could, at its discretion, change the
13 closing time. Mr. Whittenberg noted that the resolution prepared for tonight reverts to
14 the 9:00 p.m. closing time, as recommended by Staff.
15
16 Chairperson Deaton asked if Staff has had any complaints of other businesses on Main
17 Street not abiding by the approved hours of operation. Mr. Olivera could not recall
18 receiving any other complaints. Chairperson Deaton asked how many notices of this
19 violation had been provided to Main Street Wine Cellar. Mr. Olivera reported that a
20 notice was provided on November 8, 2008, followed by a second notice in June 2009.
21 Chairperson Deaton asked what the response had been. Mr. Olivera stated that he had
22 received no response to the first notice, and the second letter was hand delivered and
23 at that time the manager had stated that they would adhere to the approved hours. He
24 noted that his impression was that the business operators did not feel they were in
25 violation, and subsequent to the June 2009 letter, additional violations have occurred.
26
27 Commissioner Massa-Lavitt inquired about the change in the type of alcohol license.
28 Mr. Olivera explained that the initial CUP received approval for a Type 02 ABC
29 Winegrowers License, as the business was operating as a winemaking store, and when
30 the current owners proposed changing the business plan and eliminate the winemaking,
31 ABC then required a new Type 42 license to sell beer and wine.
32
33 Chairperson Deaton noted that Staff has referred to this establishment as a restaurant
34 and asked whether this business is truly a restaurant. Mr. Olivera stated that they do
35 serve food, but are not functioning as a restaurant in the traditional sense, as there are
36 restrictions in the current CUP limiting them to appetizers and tapas-style food, but
37 there is no traditional restaurant kitchen. He explained that food is prepared using a
38 Panini press and a microwave oven. Chairperson Deaton clarified that because they
39 are not a restaurant they are not held to the same parking standard. Mr. Olivera
40 explained that as part of the original CUP approval, they were required to pay for 2
41 in-lieu parking spaces based upon a retail use. Chairperson Deaton noted that they are
42 serving lunch and dinner. Mr. Olivera stated that one of the prohibitions of the original
43 CUP is that they not serve entrée food, and it was originally proposed that food served
44 would be complimentary to the wine tasting service. Chairperson Deaton confirmed that
45 the current alcohol license is a Type 42 that does not require the service of food, to
46 which Mr. Olivera responded in the affirmative.
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City of Seal Beach Planning Commission
Meeting Minutes of July 22, 2009
1 Public Hearing
2
3 Chairperson Deaton opened the public hearing.
4
5 Randy Maddix stated that one of the challenges the Main Street Wine Cellar has faced
6 is that with the restrictions placed upon the business operation, technically they would
7 have to ask patrons to leave when a private wine tasting were to take place, and he has
8 a hard time asking patrons to leave if they are in the middle of their dinner. He indicated
9 that he would like to request that these restrictions be removed so that the Wine Cellar
10 may operate until 10:00 p.m. 7 days a week. He noted that the present economic
11 situation is making it very difficult for businesses and economic advisors are now stating
12 the way of doing business must change and provide a high quality product and
13 atmosphere. He explained that he is seeking the opportunity to expand his business
14 and continue to offer a high quality product and service to the community and visitors to
15 Seal Beach. Commissioner Bello noted that Mr. Maddix knew the hours were restricted
16 when he took on this business, and asked why he had not applied for an extension of
17 the hours sooner. Mr. Maddix stated that they were under the impression that they had
18 to wait until the 12-month review period had expired, and that within that time they could
19 show the community the type of business they operated. Chairperson Deaton stated
20 that she had visited the Wine Cellar and had spoken to the manager advising him that
21 they were in violation of the hours of operation and that they should come before the PC
22 for an extension as soon as possible. She noted that the applicant had requested these
23 hours (the PC did not impose them), but the applicants had never intended to abide by
24 them. She added that if Mr. Maddix is having a difficult time asking guests to leave at
25 the assigned closing time, then he does not belong on Main Street. Mr. Maddix noted
26 that currently the closing time is 7:00 p.m. Chairperson Deaton reiterated that the PC
27 had specifically asked Mr. Maddix if he could live with these restrictive hours, and he
28 had responded that he could, when, in reality, he had no intention of abiding by the
29 assigned hours. She added that now Staff has requested that the police drive by every
30 night to ensure that the Wine Cellar is closing when required, and she stated that the
31 City budget should not have to be used for this, when all that was necessary was for Mr.
32 Maddix to request extended hours as soon as he realized the 7:00 p.m. closing time
33 was not working. She noted that other businesses on Main Street have complained
34 about the violation of operating hours and question why Main Street Wine Cellar should
35 be exempt from abiding by the approved hours. Mr. Maddix reassured the PC that in
36 the future they would abide by the assigned hours. Chairperson Deaton stated that this
37 is a fine business, but she feels that Mr. Maddix has treated the PC dishonestly. Mr.
38 Maddix stated that they would correct this and earn back the trust of the
39 Commissioners.
40
41 David Turk, owner of Devon’s Garden, stated that many of his customers have said that
42 because of the Main Street Wine Cellar, they have rediscovered Seal Beach. He stated
43 that this is the only place he can go to relax without being surrounded by a bunch of
44 rowdy drunks. He said that the Wine Cellar will become a destination location like
45 Walt’s Wharf. It has great wine and a great ambiance. He added that he has
46 experienced being asked to leave at the closing time and had no problem in complying.
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1 Brad Short also spoke in support of the Main Street Wine Cellar. He echoed Mr. Turk’s
2 comments reiterating that this is a wonderful place and he truly enjoys the ambience
3 and many of his friends now choose to come to the Wine Cellar in Seal Beach, which
4 brings needed revenues into the City. He recommended approval of CUP 08-3.
5
6 Beryl Palmer, principal of McGaugh Elementary School, stated that many times it is
7 challenging to find a place where she and her husband can enjoy some down time
8 without one of her students coming up to greet her, and she is able to find this relaxed
9 environment at the Main Street Wine Cellar. She added that Main Street Wine Cellar
10 has been very supportive of McGaugh Elementary and expressed her gratitude for this.
11
12 Seth Eaker noted that part of the issue here is one of integrity and encouraged the
13 approval of CUP 08-3 to allow the applicants to prove themselves to the PC.
14
15 Randy Maddix agreed that integrity is important and recognized that he had let the PC
16 down on the issue of the operating hours. He stated that from the inception of this
17 process two years ago he “has carried himself with solid integrity from that point
18 forward.” He indicated that he has spoken to his Manager and will be more involved in
19 ensuring that the business adheres to the 10:00 p.m. closing time and will work to re-
20 establish their integrity with the PC. Chairperson Deaton reiterated that Mr. Maddix had
21 agreed to operating hours that he knew would make it difficult for his business to
22 survive, and apparently made the decision to continue with the hours assigned to the
23 previous business so as to be able to get the Main Street Wine Cellar up and operating.
24 She stated that she believes that the moment Mr. Maddix realized this he should have
25 come to the Commission and requested an adjustment to the operating hours. She
26 noted that the PC did for him what they don’t normally do, by asking Staff to complete
27 the final resolution that very night and return it for approval so that there would be no
28 delay in the Wine Cellar opening for business. She again stated that the City should not
29 have to send out the police to ensure that his business is closing as scheduled, nor
30 should Mr. Olivera have to leave his home in the evening to check this. She continued
31 by stating that she does not believe that the hours Mr. Maddix applied for and requested
32 the PC approve were realistic, and if the PC attempts to hold him to those hours now, it
33 would be setting him up for failure, as he would either lose the business or continue to
34 violate the CUP, which would then put the PC in the position of having to revoke it. She
35 emphasized that the PC does not wish to see Mr. Maddix lose his business, but needs
36 his help in abiding by the condition of approval that he had agreed to with his signature,
37 as other businesses are watching what is going on. She added that all of those who
38 spoke in favor of the Main Street Wine Cellar also need to hold Mr. Maddix accountable.
39 Chairperson Deaton then stated that one of the things that she likes about this business
40 is that the owner, the manager, and the chef reside in Seal Beach; the artwork is from
41 Seal Beach, and this is a great business, but she wants everyone to know that if Mr.
42 Maddix continues to violate the agreement that he would be the one responsible for
43 revocation of this CUP, because the PC would have no choice at that point. She then
44 confirmed the requested hours of operations as follows:
45
46 11:00 a.m. to 10:00 p.m. seven days a week.
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Meeting Minutes of July 22, 2009
1
2 Mr. Maddix confirmed that this was correct. Chairperson Deaton asked whether the PC
3 could approve the MSSP hours for the Wine Cellar without having to re-notice this. Mr.
4 Flower stated that this would not be possible, as it would involve an expansion of hours
5 until 11:00 p.m. on Friday and Saturday. Mr. Olivera interjected that after Mr. Maddix
6 had submitted his application, he had inquired whether he could extend the weekend
7 hours to 11:00 p.m., but at that time the notice had already gone out and had been
8 published.
9
10 Commissioner Massa-Lavitt stated that during the past year, she has visited Main Street
11 Wine Cellar and has thought of potential revocation procedures. She noted that if other
12 businesses on Main Street are in compliance with their conditions of approval and Mr.
13 Maddix is not, it is not to their benefit that his business remain. She stated that she
14 does enjoy this restaurant and the manager is doing a very good job of running this
15 business, but the PC will continue to watch to ensure that Mr. Maddix is in compliance.
16
17 Chairperson Deaton indicated that Mr. Maddix should consider applying to be a
18 restaurant, as this is a good business and he is simply “skirting” something that other
19 businesses have had to confront, and as a general concept the community likes to know
20 that this is a sit-down restaurant that is serving alcohol.
21
22 There being no one else wishing to speak, Chairperson Deaton closed the public
23 hearing.
24
25 Commissioner Comments
26
27 Chairperson Deaton stated that she favors granting the requested extension of hours
28 subject to a 6-12-month probationary period, after which the PC can consider extending
29 the hours to 11:00 p.m. on weekends.
30
31 Commissioner Massa-Lavitt asked why the PC should not re-notice for the weekend
32 hours and give them this as well as the 6-12-month review period. She noted that this
33 would provide an opportunity to view what the true operational hours are instead of
34 “piecemealing” this. Chairperson Deaton stated that re-noticing now would make it
35 necessary for Mr. Maddix to stick to the 7:00 p.m. closing time for at least 30 days.
36 Commissioner Massa-Lavitt clarified that the PC could approve the 10:00 p.m. closing
37 time tonight, and after the re-notice the PC could grant approval for the 11:00 p.m.
38 weekend closing time. Chairperson Deaton stated that she wished to have some time
39 to see whether the Wine Cellar is abiding by the set closing time. Commissioner
40 Massa-Lavitt stated that she believes they should have the opportunity to do that now
41 with the 11:00 p.m. weekend closing time, and 6 or 12 months from now the PC can
42 then look at the whole operation under one review.
43
44 Commissioner Bello stated that she agreed with Commissioner Massa-Lavitt’s
45 comments.
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City of Seal Beach Planning Commission
Meeting Minutes of July 22, 2009
1 Commissioner Larson stated that based upon previous actions, despite what Mr.
2 Maddix has stated he believes that they are not reliable and he is not willing to approve
3 any change in hours. If a 6-12-month probationary period is approved, the Wine Cellar
4 staff would have to prove that they can abide by the assigned conditions of approval.
5 He cautioned that City Council is in the process of discussing limiting alcohol licenses
6 on Main Street, and it may come to the point where restaurant space on Main Street will
7 be at a premium. He stated that he would like to see Mr. Maddix live with the hours for
8 6 months as approved by the PC and recommended by Mr. Maddix, and if he can’t do it,
9 he would move to recommend that the CUP be revoked.
10
11 Chairperson Deaton requested that at a future meeting Mr. Flower provide the findings
12 for recommending revocation of a CUP. She then requested that the Director of
13 Development Services prepare a letter to City Council stating the concerns expressed
14 tonight regarding the Main Street Wine Cellar, so that “everyone is on the same page.”
15
16 MOTION by Deaton; SECOND by Bello to direct the Director of Development Services
17 to prepare a letter to the City Council stating the concerns expressed during the public
18 hearing tonight regarding the Main Street Wine Cellar and provide a copy to the
19 Planning Commission.
20
MOTION CARRIED: 4 – 0 – 1
21
AYES: Deaton, Bello, Larson, and Massa-Lavitt
22
NOES: None
23
ABSENT: Eagar
24
25
26 Commissioner Massa-Lavitt began the motion to extend the hours to 10:00 p.m. seven
27 nights a week, and that Staff would re-notice for the closing time of 11:00 p.m. so that
28 the PC could conduct another public hearing within approximately 30 days to approve
29 the additional extension of hours of operation to conform to the MSSP.
30
31 Mr. Flower then clarified that the approval of CUP 08-3 tonight would be to extend the
32 hours to 10:00 p.m. seven nights a week. He asked if all of the other conditions of
33 approval would remain the same. Chairperson Deaton stated that the private parties
34 would be eliminated. Mr. Flower noted that the conditions of approval, as prepared by
35 Staff, include a 6-month probationary period. Chairperson Deaton stated that the PC
36 does wish to have the 6-month probation. Commissioner Massa-Lavitt reiterated that
37 Staff would re-notice for the additional hour of operation, to be approved within
38 approximately 30 days so that this is completely consistent with the MSSP. Mr.
39 Whittenberg noted that to re-notice entails additional cost to the City. He asked if the
40 motion is to waive the $750 application fee, as this would be a whole new application.
41 He indicated that by the time the application is submitted, the earliest it could be heard
42 would be September 9, 2009; more realistically September 23, 2009, because of the
43 lead time for publication in the newspaper.
44
45 Mr. Flower noted that currently the Wine Cellar has opening hours of 12:00 noon, and
46 the applicant has requested an opening time of 11:00 a.m. He asked if Commissioner
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City of Seal Beach Planning Commission
Meeting Minutes of July 22, 2009
1 Massa-Lavitt wished to make this a part of her motion. Commissioner Massa-Lavitt
2 stated that this would be fine.
3
4 Chairperson Deaton re-opened the public hearing to ask the applicant if he wished to
5 submit a new application in order to gain approval of the additional hour closing time.
6 Mr. Maddix stated that he wished to do this. He added that he would be willing to create
7 some type of log system to document that the business is closing in compliance with the
8 approved closing time. Chairperson Deaton asked that Mr. Maddix work with Staff on
9 this.
10
11 There being no one else wishing to speak, Chairperson Deaton closed the public
12 hearing.
13
14 Mr. Flower recommended a brief recess to reach agreement and clarify the motion to be
15 made. Chairperson Deaton agreed and recessed the meeting at 8:50 p.m.
16
17 The meeting reconvened at 9:03 p.m.
18
19 Mr. Flower reported that after he and Staff reviewed the resolution previously prepared
20 by Staff they wished to make a few recommendations for revision to the Conditions of
21 Approval in Section 9 of the resolution as follows:
22
23 1. Condition No. 5 – Delete this condition, as it would be inconsistent with the
24 extended hours of operation, and there would probably be very few private
25 tastings once the business is able to stay open later. Chairperson Deaton
26 cautioned that since the CUP runs with the property, should the Wine Cellar go
27 out of business another beer bar could move into this property. Mr. Flower
28 stated that this is also why Staff is recommending that the following conditions
29 remain in place:
30
31 a. Condition No. 7 prohibiting the sale of draft beer
32 b. Condition No. 8 prohibiting beer sales to exceed 10 percent of all
33 alcohol sales.
34
35 2. Condition No. 13 – This should simply state “The hours of operation shall be
36 11:00 a.m. to 10:00 p.m. daily.” All other bullet points would be deleted.
37
38 3. Condition No. 22 – This would establish the term for another hearing for
39 3-months instead of 6 months.
40
41 Mr. Whittenberg recommended that based upon the discussion regarding a faster
42 application to allow for extension of the closing time to 11:00 p.m. on Friday and
43 Saturday to conform to the MSSP hours, this condition be modified to require a 3-month
44 review and at the time of the 3-month review the applicant could request the change in
45 hours. He noted that this gives the applicant 3 months to confirm to the City that he can
46 meet his hours of operation and comply with the Conditions of Approval. He indicated
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City of Seal Beach Planning Commission
Meeting Minutes of July 22, 2009
1 that the City has given the applicant additional hours that will allow him to operate in an
2 effective manner without having continued police closing of the business operation. He
3 reiterated that after 3 months the PC will have a track record to consider when
4 determining whether to extend the hours until 11:00 p.m. on Fridays and Saturdays.
5 Chairperson Deaton asked if at the end of the 3-month period the PC could set another
6 6-month probation for the extended hours. Mr. Whittenberg stated that this could be
7 done. He then reminded the PC that procedurally there was a motion and a second on
8 the floor. Mr. Flower stated that the PC could now make a motion to amend the motion
9 on the floor, or the current motion could be withdrawn and a new motion made.
10
11 Commissioner Massa-Lavitt withdrew her motion.
12
13 Mr. Whittenberg reviewed the proposed revisions to Resolution 09-29 as follows:
14
15 1. Delete Condition No. 5
16 2. Condition No. 13 – Will state “The hours of operation shall be 11:00 a.m. to 10:00
17 p.m. daily.” All other bullet points will be deleted.
18 3. Condition No. 22 – Will establish the term for another hearing for 3-months
19 instead of 6 months.
20
21 MOTION by Massa-Lavitt; SECOND by Bello to approve Conditional Use Permit 08-3,
22 subject to condition, and adoption of Resolution 09-29 as amended by Staff.
23
MOTION CARRIED: 3 – 1 – 1
24
AYES: Deaton, Bello, and Massa-Lavitt
25
NOES: Larson
26
ABSENT: Eagar
27
28
29 Mr. Flower advised that the adoption of Resolution No. 09-29 begins a 10-day calendar
30 appeal period to the City Council. The Commission action tonight is final and the
31 appeal period begins tomorrow morning.
32
33 Chairperson Deaton confirmed discussion and agreement of the following items:
34
35 Within 3 months time the applicant will be submitting a new application for an
?
36 extension of the weekend hours to conform to the MSSP.
37 The City Attorney will provide the standards for findings for revocation of a
?
38 Conditional Use Permit due to non-compliance.
39 Staff will provide a letter to City Council stating the issues discussed during
?
40 tonight’s public hearing.
41
42 10. Conditional Use Permit 09-5 & Variance 09-4
43 4000 Lampson Avenue (Chevron Station)
44
45 Applicant/Owner: Bhupinder S. Mac
46
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City of Seal Beach Planning Commission
Meeting Minutes of July 22, 2009
1 Request: Approval of a Conditional Use Permit to convert the service
2 bay area of an existing service station to retail space and a
3 Variance to add a Type 20 ABC license (Off-sale beer and
4 wine) for the existing convenience store.
5
6 Recommendation: Approval of Conditional Use Permit 09-5, subject to
7 conditions, and adoption of Resolution 09-19. Deny
8 Variance 09-4 through adoption of Resolution 09-30.
9
10 Staff Report
11
12 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
13 He provided some background information on this item and noted that
Department.)
14 Conditional Use Permit (CUP) 06-3 was approved in March 2006 to add a convenience
15 store to the existing service with the hours of operation restricted from 5:00 a.m. to
16 midnight and alcohol sales were prohibited. The applicant submitted an application for
17 CUP 09-5 in April 2009 to allow for the conversion of the existing service bays to retail
18 use, and after discussion with the City Attorney, Staff was advised that based on
19 previous action by City Council (CC) alcohol was prohibited within 100 feet of a
20 residential area, and in 2005 there was a subsequent amendment to the development
21 standards for service stations that added language prohibiting alcohol sales within 1,000
22 feet of a park. The applicant subsequently submitted an application for Variance (VAR)
23 09-4 to allow alcohol sales at the existing convenience store. Staff received a total of 9
24 letters in opposition to the project. Staff is recommending approval of the conversion of
25 the service bays, based upon compliance with development standards and the Zoning
26 Code (ZC); and denial of VAR 09-4, based on non-compliance with the ZC and lack of
27 circumstances that deprive the property owner of rights enjoyed by other similarly zoned
28 properties in the vicinity. He noted that the Old Ranch Country Club and the Seal
29 Beach Tennis Center both possess alcohol licenses, which are in very close proximity to
30 this particular service station as well as residential areas; however, the tennis center is
31 zoned as a Public Land Use/Recreation Zone and the country club is zoned as a
32 Recreational Golf Zone. He added that both of these locations possessed alcohol
33 licenses prior to the enactment of the additional restrictions on alcohol licenses. Mr.
34 Olivera noted that Staff’s recommendation for approval of the conversion is based solely
35 on compliance with development standards in the ZC and it is now up to the PC to
36 determine whether this would be an appropriate use, based upon the location of the
37 property.
38
39 Commissioner Questions
40
41 Chairperson Deaton recommended that this item be continued until Commissioner
42 Eagar can be present for this hearing, which will be August 19, 2009. She said that she
43 would open the public hearing to receive comments tonight.
44 Public Hearing
45
46 Chairperson Deaton opened the public hearing.
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City of Seal Beach Planning Commission
Meeting Minutes of July 22, 2009
1 Jim Forgey, representative for the applicant, stated that the property owner has
2 requested a continuance for VAR 09-4 and the PC could make a determination on CUP
3 09-5 tonight, if they chose to do so. Chairperson Deaton stated that she wished to
4 continue both the CUP and the VAR. Mr. Forgey stated that he and the applicant had
5 met with a resident after the last public hearing and based on this discussion have
6 changed some of the plans.
7
8 Jim Derry, Secretary of the Old Ranch Townhomes Association, stated that he is
9 authorized to state that they unanimously oppose both the CUP and the VAR, and as an
10 individual he is also opposed. He stated that Basswood Street is the main traffic
11 corridor for all residences on the west side of College Park East (CPE) and indicated
12 that more attention must be given to the problem with traffic at this location, as approval
13 of this application would increase the congestion. He noted that Quizno’s, Baja Fresh,
ths
14 and Hot Off the Grill are located only 8/10 of a mile away from the service station.
15 He then referred to Photo No. 19 in the Staff Report and noted that the Chevron canopy
16 is a big blue banner with white lettering, which will create a lot of light and glare for
17 nearby residents, and overall lighting is still very obtrusive. He noted that the previous
18 owner of the Mobil station would turn the banner out at night. Mr. Derry again
19 encouraged further study of the traffic in this area.
20
21 Marty Balya stated that he is employed at the Chevron station and noted that having the
22 convenience store will help reduce traffic by reducing resident trips to the larger stores.
23 He stated that the owner has made many upgrades to the location and he believes it will
24 live up to the standards expected for Seal Beach. He said that if this location is vacated
25 due to lack of business, this would invite more crime and blight. He emphasized that
26 this is a law abiding business and noted that they have already adjusted the lighting so
27 that it does not infringe on any of the surrounding residences. With regard to the
28 Chevron banner, he noted that it was approved by the City and is required by Chevron’s
29 corporate office. Mr. Balya then stated that in today’s economy it would be very difficult
30 for this business to survive or be competitive without the ability to have the retail uses
31 and to sell beer and wine. He then indicated that they would be happy to come to an
32 agreement and meet at a time that would work for both the neighborhood and the
33 business. Commissioner Massa-Lavitt suggested scheduling a time to meet with the
34 directors of the Old Ranch Townhomes Association to see if they can come to some
35 resolution. Mr. Balya stated he would try to accomplish this prior to the next meeting.
36
37 Mr. Forgey noted that the blue banner has a hooded light shielding the light from going
38 outward and washes it down on the blue banner. He stated that it is a LED light
39 emitting 4 watts per square foot. He noted that the new retail would improve the
40 appearance of the station rather than just having the garage door of the empty service
41 bay on view.
42
43 There being no one else wishing to speak, Chairperson Deaton continued the public
44 hearing to the PC meeting of August 19, 2009.
45 MOTION by Massa-Lavitt; SECOND by Bello to continue the public hearing for
46 Conditional Use Permit 09-5 to the scheduled meeting of August 19, 2009.
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City of Seal Beach Planning Commission
Meeting Minutes of July 22, 2009
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, Larson, and Massa-Lavitt
None
Eagar
STAFF CONCERNS
Mr. Whittenberg stated that Staff has no scheduled matters for the meeting of August 5,
2009, and Commissioner Eagar would not be available for that meeting, so he
recommended canceling the meeting of August 5th. He then noted that if the PC so
desired, Staff could ~repare the resolution for Pho Basil Leaf for presentation at the
meeting of August 5t. Commissioner Massa-Lavitt stated that she would like to have
the resolution ready for Pho Basil Leaf on August 5th. Commissioner Bello said she was
also fine with this. Mr. Flower reminded the PC that they would need a minimum of 3
Commissioners at that meeting, and 3 affirmative votes to adopt that resolution. The
PC agreed to convene at the meeting of August 5, 2009.
Chairperson Deaton thanked Mr. Olivera for his work on the Staff Reports this week and
for the time taken to check on the closing time for the Main Street Wine Cellar.
COMMISSION CONCERNS
Commissioner Larson commented on experiencing traffic delays currently while driving
on Seal Beach Boulevard. Mr. Olivera noted that was the day the signals were to be
retimed and in order to do this all of the signals had to be turned off line, which created
quite a mess from what he understands.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 9:30 p.m. to the scheduled meeting of
August 5, 2009.
Respectfully Submitted,
0A~~
Carmen Alvarez, Executive Assistant
Planning Department
APPROVAL
The Commission on August 19, 2009, approve;!. the Minutes of the Planning
Commission Meeting of Wednesday, July 22, 2009. ~.
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