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HomeMy WebLinkAboutPC_Minutes_70.03.16MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMIS- SION HELD IN THE COUNCIL CHAMBERS, CITY HALL, HERMOSA BEACH, ON MONDAY, MARCH 16, 1970, AT 7:30 P. M. MEETING CALLED TO ORDER AT 7:37 P. M. BY VICE CHAIRMAN STABLER. ROLL CALL - Present: Comm. Collis, Himmel, Mulfinger, Stabler, Toole, Watters. Absent: Chairman Noble. Motion by Comm. Watters, seconded by Comm. Collis to approve the minutes of the February 16, 1970 meeting. Motion by Comm. Mulfinger, seconded by Comm. Watters to approve the minutes of the March 2, 1970 meeting. Comm. Himmel abstained. Resolution P. C. 15 4-7 67 Motion by Comm. Watters, seconded by Comm. Mulfinger to approve Resolution P. C. 154-767. AYES: Comm. Mulfinger, Watters, Chairman Stabler. NOES: None ABSTAIN: Comm. Collis, Himmel, Toole. ABSENT: Comm. Noble. Resolution P. C. 154-768 Motion by Comm. Collis, seconded by Comm. Mulfinger to approve Resolution P. C. 154-768 as amended by the addition of C-1 zones. AYES: Comm. Collis, Mulfinger, Watters and Chairman Stabler. NOES: None ABSTAIN: Comm. Himmel, Toole. ABSENT: Comm. Noble. The new Planning Commissioner, Mr. Charles Toole, was welcomed to the Commis- s ion. Resolution P. C. 154-769 Motion by Comm. Watters, seconded by Comm. Mulfinger to approve Resolution P. C. 154-769 as amended by the addition of "specialized sporting and recrea- tional equipment". AYES: Comm. Collis, Himmel, Mulfinger, Toole, Watters, and Chairman Stabler NOES: None ABSENT: Comm. Noble. -2- C-69-4 Review of Conditional Use Permit granted Vasek Polak to operate an automobile sales lot at 2901 Pacific Coast Highway. City Planner Crawford informed the Commission that Mr. Polak had complied with all of the conditions imposed at the original hearing except: #1, which concerned over -night parking or storage of vehicles on adjoining lot, and #5, a future agree- ment with Public Works regarding placement of standard curb, gutter and driveway on 30th Street in conjunction with the construction of sidewalks on Pacific Coast Highway. Discussion followed relative to the reasons why people were parking in the lot west of the alley. Mr. Polak explained that the parking signs had been installed, but were moved. He said it was hard to determine to whom cars parked in the area belonged, and although he had tried to enforce the condition, he didn't wish to create trouble with his neighboring businesses. He said he had tried to clean the area several times, and Mr. Crawford agreed that there were no old or dilapidated cars parked there, now. Chairman Stabler asked Mr. Polak, with respect to Condition #5, if he would be willing to make an agreement to provide curbs and gutters on 30th Street if approached by someone on the city staff, and he agreed that he would. Comm. Collis asked when the block wall at 3001 Pacific Coast Highway would be completed, and Mr. Polak explained that the contractor had become ill, and he was reluctant to have someone else complete it, and he hoped it would be completed this week. Motion by Comm. Toole, seconded by Comm. Watters to grant the Conditional Use Permit permanently provided that all conditions originally imposed in the Conditional Use Permit which are still applicable are complied with. AYES: Comm. Collis, Himmel, Mulfinger, Toole, Watters , and Chairman Stabler. NOES: None ABSENT: Comm. Noble. Discussion of Alcoholic Beverage Policies City Planner Crawford introduced Mr. Kermit Green, District Administrator of the Alcoholic Beverage Control Board, and commented that because of the number of new Commissioners he had felt some background knowledge on A.B.C. policies and controls might be helpful, the which he hoped Mr. Green could supply. He fur- ther indicated that the Planning Commission's role has been to control outlets by way of Conditional Use Permits as a zoning matter, and its primary consideration is not how many outlets Hermosa has, but how the relationship of the alcoholic beverage establishments and other stores function in the city. -3- Mr. Green explained that there are two restrictions on numbers of A.B. C. licenses; 1 - 2, 500 population for off -sale licenses; and 1 - 2, 000 population for on -sale general licenses, which is subdivided into (1) bona fide public eating places and (2) on -sale public premises. Other retail licenses (beer and wine) have no numer- ical restrictions. The Department may deny any license if it would cause an undue concentration of licenses, resulting in a police problem. For on -sale premises only, a restriction has existed that they may not be within six hundred feet of a church, school, hospital or children's public playground, but in one instance a denial on this basis was appealed, and now it is getting harder and harder to deny solely on this basis. Any recommendation made by the A.B.C. can be protested within a thirty -day period, and a hearing has to be held. If A.B.C. recommends denial, and there is a protest, the applicant can give a hearing. The decision is subject to review by an Alcoholic Beverage Appeals Board, which is a separate agency established in the constitution, and consists of three members completely outside the Department. Following this introduction, the Commission entered the discussion: Collis: What ratio of outlets to population exists in our city compared to County as a whole, and other beach cities? Green: Don't have current figures available, since renewal is on calendar year basis and there is a six -weeks grace period. Mulfinger: Does high influx of people in beach area justify a higher ratio of outlets? Green: We don't place a lot of emphasis on that because of legal limitations. It could be determined by questioning the Chief of Police to see whether the crime rate is higher. Stabler: Does the control for outlets stem from economic conditions, or is there strong direction given by city fathers? Green: Community control is indirect. In the old days, in the City of Whittier, the presence of many churches precluded the issuance of licenses, because of the standard restrictions. Stabler: There should be some basis other than strict location; there might be a criteria based upon drinking establishments in relation to other retail outlets. He inquired whether the present criteria, which is population, is adequate. Green: No. It has been under study for several years. At one time there was a statute that no retail license could be located within three hundred feet of another retail license unless it was going to be a bona fide restau- rant. The law was repealed about four years ago. Toole: How extensive is. your investigation into the individuals applying for a license? Green: Basic tool is finger printing. We check with the Police Department to see if he has any arrests. Collis: Is there any thought of a way of controlling the value of these licenses once they are granted? Green: Licenses issued since 1961 can only be sold for $6,000, so the opera- tors try to shift the value to fixtures. Toole: Do you make an effort to find out where the Money buying a license is coming from? Green: Yes Crawford: Once a permit is granted and the license is in force, and is then trans- ferred, what circumstances would have to exist for A.B. C . to uphold a city's objections? Green: The general guideline is that if there is no criminal record, the Depart- ment cannot sustain a denial. Once the business is in it is much more difficult to get a denial on a transfer unless it is on character of the new owner. If you deny a Conditional Use Permit, we would have to deny the license as it would be a violation of a valid zoning ordinance. The applicant would have to appeal if he isn't satisfied. There are instances where a premises is too close to residents ct' causing annoy- ances to the neighborhood where A.B.C. will revoke the license. Such premises cannot be relicensed for a year. Collis: What steps are taken to revoke? Green: Notices are given, witnesses are brought in to prove a problem exists. Collis: What type of businesses have caused the most problems? Green: The biggest problems have been cau.sed by on -sale beer places, or beer and wine licenses where food is not required. Crawford: How many new licenses are issued each year? Green: Twenty-five new liquor licenses are issued each year strictly for restaurants . Stabler: Have you set up any basis for determining "restaurants" by table arrangements, seating capacity, etc. ? Green: No, but they must have adequate space for eating. We do check on their equipment to see that it is sufficient to serve full meals. Crawford: If the city were to set up a ratio of its own, could your Department review the ratio before it were enacted as a law? Green: We could not do that. ' Crawford: Is it fair to ask you whether you feel that our present regulations are reasonable in the eyes of your office? Green: They are reasonable. You do protest more than other cities. Watters: What other cities protest? Green: Lawndale, and although Santa Monica does not have a lot of transfers, they protest quite a few. Crawford: Are you taking into consideration that we automatically protest until after the hearing? Green: Yes, I was including all of the protests. Most cities do not do this. Chairman Stabler invited the audience to participate: Elinor Connors, 1002 - 8th Street, Hermosa Beach: Has the Council any right to say that they do not want a license in Hermosa? Green: The City of Hermosa Beach has legal rights to protest. Connors: Practicing local option. Green: Laverne and Pacific Grove have kept licenses out on the basis of use under their property deeds. That has been outlawed. There can be no city ordinance outlawing liquor. Rosemary Foreman, Editor, El Segundo Herald: Does the city have a right to demand X amount of booths or tables when A.B. C . does not have that rule? Green: As far as our State law is concerned, that would be correct. We could not consider a certain ratio of seats. Rosemary Foreman: Can the city decrease hours of operation which the State has granted ? Green: The city could not itself do that without a formal public hearing, except under a Conditional license which we are now allowed to issue. Crawford: Our general philosophy in establishing conditions on Conditional Use Permits is that if the applicant agrees at a public hearing to the estab- lished conditions, the City Attorney will be able to enforce the condi- tions in court, but if there has not been a meeting of minds, he cannot enforce against the will of the applicant. Rosemary Foreman: Does he automatically get a Conditional Use Permit? Crawford: If he agrees at the Conditional Use Permit hearing in order to get the license, then he agrees to the A.B. C. The city could deny if he doesn't agree. Watters: How many places have you put time limits on? Crawford: Ricardos - until midnight. Rosemary Foreman: Questioning the city's right to do this. Legally, under the State law, they do have a right to stay open until 2:00 in the morning. Can the city have the right to deny the Conditional Use Permit? Bob Craw- ford is saying that the city preempts the State on this. Collis: Both husband and wife agreed that the time was adequate for a family - type of restaurant. If the applicant wished to protest, he would apply to A.B. C . and then protest the time. Watters: Why was the 12:00 midnight limitation imposed? Crawford: Because of the proximity of residents and the presence of live enter- tainment. City Planner Crawford asked Mr. Green if the A.B.C. had any complaints about the way that the city had been handling these matters, or any suggestions as to how they could improve. Green: We have no complaints regarding the city's activities. We do appre- ciate it if you can have your hearings as soon as possible so that we can process the application and reach a decision, and usually your correspondence has been timely. The thirty -day protest of licenses almost makes it mandatory, or you would be beyond statutory time for protest. Himmel: Questioned whether or not the jurisdiction could provide adequate police protedtion in and around the premises. -7- Green: We assume that each jurisdiction as a matter of course can provide adequate policing. Crawford: If the Police Chief protested and said he couldn't handle any more, it would be considered a protest on that basis. Himmel: Do you consider access, traffic, parking? Green: No, we don't check parking. Himmel: How frequently do your inspectors visit? Green: We have five inspectors, thirty-two thousand licensed premises. We work on complaints. Stabler: Are your present regulations reasonable in the eyes of your office in general? What statutes would you like to have changed? Green: Restrictions on the number of beer licenses. The biggest number of violations are the places which require the least investment to go into. I would like to see the price of licenses stabilize. Crawford: Have you sought the assistance of the cities for legislative changes? Green: Yes. We have met with the League of California Cities. Stabler: Could corporations be required to file applications to transfer stock? Green: That would affect wholesalers --legislation in that field. McDaniel: Inquired about interim and temporary licenses. Green: We have temporary licenses and temporary permits. The former is a one -day license obtained for fundraising, and when we get one, we do check with the Chief of Police and let him know that an application has been filed. The other type is a temporary permit which is granted for sixty days when a premises is changing hands. If the man's moral character is good, we will grant this effective ten days after he applies. Our applications normally take forty-five days. Allows new owners to continue to operate. Collis: Are there any controls over the sale? Green: The limited licenses must be sold through an escrow. Crawford: Is there a fee involved for temporary licenses? Green: Yes. $25.00 license for cocktails. McDaniel: By the use of the tempory permit, he can operate until he gets a final decision. This is only on a transfer in the same location for the same type of business. On a new premises, there is no similar technique. Do organized groups have a better opportunity? Green: We have restrictions on temporary licenses; civic organizations, charitable organizations. Collis: Can he obtain more than one license? Green: Yes, but his past operation would affect it. Chairman Stabler thanked Mr. Green on behalf of the Commission and Mr. Green agreed to another visit in order to meet with the Council as well as the Commission. Comm. Himmel suggested that a letter of appreciation be sent to Mr. Green. Recess: 9:25 - 9:30 p. m. Request of Improvement Commission for a Loint Meeting. Motion by Comm. Watters, seconded by Comm. Mulfinger to accept the suggestion of the Improvement Commission to conduct a joint meeting, at a time arranged by the staff. AYES: Comm. Collis, Himmel, Mulfinger, Watters, Toole and Chairman Stabler. NOES: None ABSENT: Comm. Noble. Council Action on Zone Change in 1400 Block of Hermosa Avenue City Planner Crawford informed the Commission of a note from the City Clerk indicating that the zone had been changed from C-2 with R-3 potential to straight R-3. The City Council had hoped that the developers of the property would fol- low the Precise Plan. They didn't feel they could impose it on the property owners. Meeting with Manhattan and Redondo Commissions Arrangements have been made with the Planning Directors in Redondo and Manhattan to conduct the joint meeting at the Cattleman's Restaurant in Redondo on the even- ing of March 31. Southwest Area Planning Council Meeting. This meeting was cancelled. Commission Retorts Comm. Stabler reported on a meeting with Abram Krushkov on March 10, in which Mr. Krushkov discussed the following phases of planning and zoning: land use intensity, marked conservatism by the City Attorney. He would like to see the Zoning Committee or Planning Commission really push to provide some innovative thinking. He suggested that in order to get the city off center, to get things moving in the city that the Planning Commission would probably be wise to pro- vide the Council with active programs. He talked in terms of the planned unit development, incorporating land use intensity, urban renewal, joint cooperation with private corporations, city participation in private interests. He thought the Planning Commission would be wise to really go in and set up these programs, and show the City Council that the action programs do work. He felt that rather than trying to upgrade standards, that we might try a new idea called urban design manual; show through architectural renderings what can be done. To sum up, Comm. Stabler said that the Planning Commission should attempt to use any of the means Mr. Krushkov suggested, grouping or consolidation of land, larger land groupings. The Commission discussed methods of implementing these ideas, and City Planner Crawford mentioned that at present Coldwell Banker have offered a proposal to develop a shopping center in the downtown area. Comm. Stabler said that the next meeting of the Zoning Committee would be on Tuesday, March 24, at the International House of Pancakes, 7:30 a. m. The Land Development Committee announced they would meet at the home of Mr. Watters, 528 - 3rd Street, 7:30 p. m, March 30th to discuss problem of varying setbacks. City Planner Crawford announced a joint meeting with Hermosa Beach School Dis- trict on April 20 at the North School, 7:30 p. m. The purpose of the meeting will be to become better acquainted with the District's problems. Adjournment, 10:12 p. m. The next meeting will be April 6, 1970. Certification I hereby certify that the foregoing Minutes have been approved by the Planning Commission of the City of Hermosa Beach at a regular meeting held on the 16th of Mar 970. n� r LAIRD STABLER, VICE CHAIRMAN ES n. COLLIS , Secretary