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HomeMy WebLinkAboutPC Min 2010-02-03City of Seal Beach Planning Commission Agenda for February 3, 2010 7:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL By Motion of the Planning Commission, this is the time to notify the public of any changes to the Agenda, re- arrange the order of the Agenda, and 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 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 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. SCHEDULED MATTERS 1. Approve Planning Commission Meeting Minutes of January 20, 2010. PUBLIC HEARING 2. Conditional Use Permit 08 -3 (Indefinite Extension) 302 Main Street (Main Street Wine Cellar) Continued from January 20, 2010 Applicant /Owner: Randy Maddix / Henryk Warno Request: Indefinite extension of existing Conditional Use Permit 08 -3 and for the expansion of existing operating hours to 11:00 a.m. to 11:00 p.m., Friday and Saturday. 1 City of Seal Beach Planning Commission • Agenda of February 3, 2010 Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -6. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT To adjourned meeting of February 17, 2010, at 7:30 P.M. City of Seal Beach Planning Commission • Agenda of February 3, 2010 2010 Agenda Forecast Feb 17 Minor Plan Review 10 -3 — 4533 Elder Avenue Conditional Use Permit (Indef. Ext.) — 12235 Seal Beach Blvd. (Pei Wei Asian Diner) General Plan Amendment 09 -1, Zone Change 09 -1, Variance 09 -2, Conditional Use Permit 08 -35 — 1300 Pacific Coast Highway (Chevron) Zone Text Amendment - Covered Roof Access Structure (CRAS) Mar 03 MEETING CANCELLED Mar 17 Planning Commission By -Laws Apr 07 Planning Commission Training Session Apr 21 May 05 May 19 Jun 09 Jun 23 Jul 07 Jul 21 Aug 04 Aug 18 Sep 08 Sep 22 Oct 06 Oct 20 Nov 03 Nov 17 Dec 08 Dec 22 3 1 2 3 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of February 3, 2010 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, February 3, 2010. The meeting was held in the City Council Chambers and began with the Salute to the Flag.' ROLL CALL Present: Chairperson Deaton, Commissioners Bello, Galbreath, Larson, and Massa - Lavitt. Also Present: Department of Development Services Mark Persico, Director of Development Services Jerry Olivera, Senior Planner Steve Flower, Assistant City Attorney AGENDA APPROVAL MOTION by Bello; SECOND by Galbreath to approve the Agenda as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. Ruth Harrell, Director of Operations for the Seal Beach Chamber of Commerce, provided a letter of support for Conditional Use Permit 08 -3 for the Main Street Wine Cellar. The letter also included notice of the EDGE business seminar series. She then stated that the Chambers is looking forward to participating on the DWP committee. She then provided copies of the Chamber newsletter. There being no one else wishing to speak, Chairperson Deaton closed oral communications. These Minutes were transcribed from audiotape of the meeting. 1 of 7 City of Seal Beach Planning Commission Meeting Minutes of February 3, 2010 CONSENT CALENDAR No items. SCHEDULED MATTERS 1. Approve Planning Commission Meeting Minutes of January 20, 2010. Commissioner Massa - Lavitt abstained from voting on this item as she was not present for the meeting of January 20, 2010. MOTION by Bello; SECOND by Larson to approve the Planning Commission Meeting Minutes of January 20, 2010, as presented. MOTION CARRIED: 4-0-0-1 AYES: Deaton, Bello, Galbreath, and Larson NOES: None ABSENT: None ABSTAIN: Massa - Lavitt PUBLIC HEARINGS 2. Conditional Use Permit 08 -3 (Indefinite Extension) 302 Main Street (Main Street Wine Cellar) Continued from January 20, 2010 Applicant /Owner: Randy Maddix / Henryk Warno Request: Indefinite extension of existing Conditional Use Permit 08 -3 and for the expansion of existing operating hours to 11:00 a.m. to 11:00 p.m., Friday and Saturday. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -6. Staff Report Mr. Olivera delivered the staff report. He provided a brief history of this item and noted that since the October 2009 Planning Commission (PC) meeting Staff has continued to monitor the closing time for the Main Street Wine Cellar and has not received notice from Seal Beach PD of any noncompliance. He then reported to Commissioner Larson on the Staff time involved in documentation and monitoring of this business since July 2008. He said he calculates that Staff has contributed approximately 20 -25 hours. He noted that SBPD has made observation of the closing time for this business in the course of their normal rounds along Main Street. Commissioner Questions 2 of 7 City of Seal Beach Planning Commission Meeting Minutes of February 3, 2010 Commissioner Larson questioned the statement made previously by the applicant, that with a closing hour of 10:00 p.m. he still had customers inside the restaurant until midnight because it would be difficult to turn customers away. He stated that this is unreasonable. Chairperson Deaton questioned what the Irisher or Clancy's do in order to close down by 2:00 a.m. Mr. Olivera noted that most of these establishments have general alcohol licenses and will have a "last call" at 1:15 or 1:30 a.m., in anticipation that the public must be out of the bar by 2:00 a.m. Chairperson Deaton asked what type of alcohol license Main Street Wine Cellar has. Mr. Olivera explained that they have a Type 42 Beer and Wine License, and he believes that with this type of license a business cannot stay open beyond midnight, but the Main Street Specific Plan (MSSP) would preclude this as businesses on Main Street must close by 11:00 p.m. Chairperson Deaton noted that many people have stated that the Wine Cellar is operating as a restaurant. Mr. Olivera countered that the Conditions of Approval do limit the type of food that can be served and also establish limitations for alcohol service. Commissioner Galbreath asked if there were anything to prohibit placing a time limitation in which the premises must be vacated. Mr. Persico stated that this could be an added condition. He noted that the State ABC does not permit service of alcohol after 2:00 a.m., so any closing time before 2:00 a.m. would be regulated by the City, which could condition a specific time to vacate. Commissioner Massa - Lavitt asked if the PC could establish a last call time. Mr. Flower stated that this could potentially create a preemption problem, as state law preempts the regulation of alcohol sales. He said that the City can regulate the land use, but to actually engage in how and when the sale of alcohol occurs could be a problem. Commissioner Massa - Lavitt then inquired about establishing a last call for food orders. Mr. Flower indicated that the PC could potentially require that no further orders for food be taken after a specific time. Public Hearing Chairperson Deaton opened the public hearing. Chris Bartlow, operator of Main Street Wine Cellar, stated that he is proud to be a part of the business community in Seal Beach and noted that they do not wish to be a restaurant, nor do they have a full kitchen, so 80% of what they serve is finger foods. He stated that the Wine Cellar is a "breath of fresh air" to Main Street and always attempts to contribute to and participate in community events and they hope to continue to operate. Chairperson Deaton stated that the PC is in agreement, but is still concerned with the lack of compliance with the hours of operation. She asked when Mr. Bartlow is closing on weekends. He indicated that he would comply with any closing time determined appropriate by the PC, but asks only that he be allowed to operate competitively. He added that his objective is to move people out quickly at night so the he can go home at a reasonable time. 3 of 7 City of Seal Beach Planning Commission Meeting Minutes of February 3, 2010 Commissioner Larson added that the PC wants to see the Wine Cellar succeed, but emphasized that the law applies to all of Main Street and when someone does not comply with the law, it gives the appearance that the City is not enforcing its own ordinances. Commissioner Larson asked if Mr. Bartlow would be willing to comply with a closing time of 11:00 p.m. with the condition that all patrons leave no later than 11:30 p.m. Mr. Bartlow stated that he would be willing to comply as long as similar businesses have the same restrictions. Chairperson Deaton indicated that she is not in favor of adding more conditions, but it becomes necessary when someone is being noncompliant. Commissioner Galbreath asked if there are violations, what can City Officials do to counteract this. Mr. Persico stated that because Code Enforcement must enforce the Conditions of Approval, he recommended adding the condition stating that all patrons must leave the restaurant by a specific time after the business closes. He noted that without this, under the law, they can be there until 2:00 a.m. Chairperson Deaton asked about other establishments on Main Street. Mr. Persico explained that City Officials attempt to make conditions as fair as possible, but as Main Street evolves, conditions evolve, and it is not always possible that every establishment will have the same set of conditions. Chairperson Deaton commented that it is difficult to make a determination because the Wine Cellar is neither a restaurant nor a bar. Mr. Bartlow reiterated that they do not wish to be categorized as a restaurant, but rather wish to provide people an alternative. Chairperson Deaton noted that because it is not a restaurant the Wine Cellar is not subject to the in -lieu parking fees that other restaurants must pay. She added that this is what makes the equity issue a difficult one, as there is no comparison between the Wine Cellar and other restaurants or bars. Commissioner Bello asked since October, what the latest time was when a client came in to order a bottle of wine. Mr. Bartlow said that it has been several months since having late night patrons, and he never has this issue on the weekends. Commissioner Massa - Lavitt commented that the incidence of a patron staying until midnight on a Saturday night might happen occasionally, but if it is not a consistent, chronic problem then there should be no serious concerns. Mr. Bartlow emphasized that he is not attempting to "stretch the hours in any way." Joyce Parque spoke in support of the Indefinite Extension of Conditional Use Permit 08 -3, noting that Main Street Wine Cellar is a very nice establishment and visiting it is a very pleasant experience. Ruth Harrell also spoke in support of approval of the Indefinite Extension of CUP 08 -3 citing the contribution the Wine Cellar makes to the Main Street corridor and to the economy. 4 of 7 City of Seal Beach Planning Commission Meeting Minutes of February 3, 2010 There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments None. Mr. Flower noted that since Staff can make no recommendation on an application of this type, the final resolution for the Indefinite Extension of CUP 08 -3 is not yet prepared. He indicated that Staff would return with the final resolution at the next scheduled meeting. Chairperson Deaton requested that a condition be added requiring that the business be closed with no one on site, no later than 60 minutes after closing time. Commissioner Larson stated that with this determination the PC will essentially be granting every other business along Main Street the same privilege. Mr. Persico interjected that both the PC and Staff will be in a difficult place if this does become an issue, but it appears that Mr. Bartlow does want to do the right thing, and if an hour gives him adequate time, then the PC might wish to allow the extra time. He noted that the Wine Cellar will not be allowed to accept new customers during this time, so this could help address some of the potential concerns the Commissioners might be having about someone coming in at 11:30 p.m., as the additional hour will just allow time for patrons already within the restaurant at closing time to finish their drinks and leave. Public Hearing Chairperson Deaton reopened the public hearing. Mr. Bartlow stated that one of the things he can do is to turn on the lights, as the Wine Cellar is usually dimly lit, and turning on the bright lights will make for a less desirable ambiance. He reiterated that he is not attempting to get extra hours, but simply wishes to remain competitive, and he will certainly abide by the requirements. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Mr. Flower clarified that the point of the CUP process is to tailor the conditions of approval to the particular impacts the individual use makes. He stated that there is no precedential value that says because a specific condition is placed upon one business it must be placed upon all future businesses. He emphasized that each parcel and each business is unique when it comes to CUPs, and the impacts they create will be different. He stated that there is no legal requirement that all businesses receive the same conditions. MOTION by Bello; SECOND by Massa - Lavitt to direct Staff to return at the next scheduled meeting with the final resolution for approval of the indefinite Extension of 5 of 7 City of Seal Beach Planning Commission Meeting Minutes of February 3, 2010 Conditional Use Permit 08 -3 for Main Street Wine Cellar with the condition that the applicant be permitted 60 minutes beyond the closing time of 11:00 p.m. to allow patrons served prior to closing to finish their drinks MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None DIRECTOR'S REPORT Mr. Persico reported on the following items: 1. The application for the DWP Specific Plan was deemed complete as of January 25, 2010, and the Citizens Advisory Committee will commence its first meeting on February 17 at 6:00 p.m. He noted that Staff has requested cost proposals from pre- screened environmental firms for the production of any potential environmental documents. 2. The PC Agenda for February 17, 2010, will include the following: a. Zoning Text Amendment for Covered Roof Access Structures (CRAS) b. Minor Plan Review — After - the -fact approval of BBQ at 4533 Elder Avenue c. Indefinite Extension of CUP for Pei Wei Asian Diner in the Shops at Rossmoor 3. Although the public hearing notice was published for the Chevron Station mini- market project at 1300 Pacific Coast Hwy., this item will not be heard until the PC meeting of March 17, 2010, due to a delay in providing additional information required by Staff to mail the public notice. 4. The Planning Commission Ad -Hoc Committee met in December and earlier today to develop guidelines under which the PC is to operate. These guidelines and a recommendation from the Ad -Hoc Committee will come before the PC on February 17 5. Distribution of the Mitigated Negative Declaration (MND) for the River's End Staging Area will take place on Feb. 5 and the public 30 -day review period will end on March 5th 6. Notice of twelve community meetings for the updated Zoning Code (Title 11) has been circulated, with the first meeting scheduled for March 1St 7. The March 3 rd Planning Commission meeting is cancelled due to a Title 11 meeting to be held in City Council Chambers on that date. 6 of 7 City of Seal Beach Planning Commission Meeting Minutes of February 3, 2010 1 8. The March 17th PC meeting is to be rescheduled due to St. Patrick's Day. Please 2 bring your calendars to the Feb. 17 meeting in order to select a Special Meeting 3 date. 4 5 COMMISSION CONCERNS 6 7 Chairperson Deaton requested that Mr. Flower provide an overview on the process for 8 the completed application for the DWP Specific Plan. Mr. Flower reminded the PC that 9 in their role, they will be asked to provide recommendations to the City Council on the 10 application. He noted that in fairness to the applicant the PC must maintain an "open 11 mind" and refrain from commenting on the ultimate outcome in order to make an 12 informed decision based upon all of the evidence presented during the public hearings. 13 14 Commissioner Bello reminded the public of the Bridgeport Community meeting on 15 February 11 at 7:00 p.m. at the Mary Wilson Library. 16 17 Commissioner Galbreath inquired whether the service station at Seal Beach Boulevard 18 and Lampson Avenue will have the same concerns with underground contamination 19 and groundwater contamination. Mr. Olivera explained that last summer when 20 excavating during completion of the sewer project at the site they did find hydrocarbons 21 in the soil and this was remediated to the satisfaction of the Regional Water Quality 22 Control Board and other County agencies. Commissioner Galbreath then asked about 23 the service station at Basswood Street and Lampson Avenue. Mr. Persico noted that 24 based upon an e-mail he had received this afternoon, there may be an issue with 25 contamination at this site, but he has no information on the extent, as yet. He indicated 26 that Staff would provide updates as they receive further information. 27 28 ADJOURNMENT 29 30 Chairperson Deaton adjourned the meeting at 8:35 p.m. 31 32 33 Respectfully Submitted, 34 35 36 37 Carmen Alvarez, Executive As istant 38 Planning Department 39 40 41 APPROVAL 42 43 The Commission on February 17, 2010, approved the Minutes of the Planning 44 Commission Meeting of Wednesday, February 3, 2010.Q _. 7 of 7