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PC MINS 19870127,NprjeJ at.7 etmeMe* M I N U T E S PLANNING COMMISSION January 27, 1987 The meeting was called to order at 7:30 PM by Chair Ortolano at 29301 Hawthorne BoUlevatd. PRESENT: CONNOLLY, MC NULTY, ORTOLANO, VON HAGEN, WIKE ABSENT: NONE Also present were Director of Environmental Services Robert Benard, Associate Planner Greg Fuz, Assistant Planner Laurie Brigham, Assistant Planner Carolynn Wilker-Roesch, and Assistant Director of Public Works Kevin Smith. COMMUNICATIONS Chair Ortolano related three letters in support of Variance No. 152 and a letter from Mr. & Mrs. Gary Jeffers requesting a continuance of Easement Vacation No. 2. CONSENT CALENDAR Minutes of 12/09/86 Chair Ortolano modified Page 1, Paragraph 7, to read , "...the Palos Verdes Horsemens' Association...". Chair Ortolano modified Page 5, Paragraph 8, to react, "...A Commissioner said that the...". Chair Ortolano modified Page 10, Paragraph 1, -to read, U.—a proDect cannot he denied. Chair Ortolano di sputed a suggestion that all of the conditions attached to the resolution were originally considered or approved by the Commission." Commissioner Wike moved approval of the Consent Calendar as amended; seconded by Commissioner Von Hagen and passed unanimously. Minutes January 27, 1987 Page 2 PUBLIC HEARINGS Variance No. 152 Abramowitz Commissioner Wike moved to waive the reading of the staff report; seconded by Commissioner Von Hagen and passed unanimously. Commissioner Wike said the waiving of the filing fees might be appropriate since an administrative error was made. Chair Ortolano pointed out that staff did consider waiving the filing fees. She said she could not support waiving the filing fees since there were errors made by the applicant as well as by staff. Commissioners McNulty and Von Hagen agreed. Chair Ortolano opened the public hearing. There were no requests to speak to the item, however, the applicant started to speak to request waiving of the fees but was persuaded to stop his presentation. Commissioner Wike moved approval of Variance No. 152; seconded by Commissioner McNulty and passed unanimously. Appeal rights were noted. Code Amendment No. 23 Associate Planner Greg Fuz presented Convenience Stores the staff report. Continued Staff discussed the City Attorney's opinion that the automatic prohibition of alcohol sales at convenience stores would be difficult to defend, especially since it is a course not yet charted by any other municipality. Staff mentioned that problems could result from alcohol being singled out as a type of beverage not sold at convenience stores. Staff noted that other cities' surveys indicate the sale of alcohol in conjunction with the sale of gas does produce more of an adverse effect than if sold separately. Chair Ortolano voiced concern that staff's verbal presentation indicated a recommendation from the City Attorney that Alternative No. 3 (General CUP with Automatic Prohibition) is legally indefensable while staff's written report did not contain any recommendations as to which alternative staff would suggest. Staff said that the Commission may consider Alternative No. 3 even though comments from the City Attorney focused on enforcement problems related thereto. • Minutes January 27, 1987 Page 3 Chair Ortolano opened the public hearing. Interested parties were as follows: -9 Ms. Robin Lindsay 28825 Gunter Crestwood PTA Mr. W. J. Bryant 2005 Crestwood Ms. Melinda Downing 1914 Caddingtbn- Interested parties voiced opposition to convenience stores as follows: over 100 petitioners support banning convenience stores in the City, there is no need for convenience stores in the City, three ma3or grocery stores are located in a one- half mile radius along Western Avenue, two lots in the East - view area (near Dodson and Crestwood schools) are prime targets for convenience stores, school children would misuse lunch money at convenience stores, increased traffic problems along Western as a result of convenience stores, peer problems resulting from a mixture of elementary and 3unior high children would increase as a result thereof, increased crime by juveniles and against 3uveniles, the Miraleste Dell is an example of convenience store problems, concern over Commissioners possibly approving convenience stores in areas such as Golden Cove and along Western Avenue but not in their own neighborhoods, existing businesses along _`Western Avenue` -would be adversely affected by convenience stores, coftveniehce stores attract transients, none of staff's four alternatives are specific enough, there should be no gas station or existing buildings converted into convenience stores, hours of operation should be 7:00 AM until 11:00 PM, no instant tellers, no arcades, attendance at security classes should be required of all employees, parking space requirements should be increased to more than 1/200, restrictions should be -tight so that other businesses offering a better quality product would be more interested in coming to the City, and distance regulations related to residential buildings, places of worship, schools, parks, recreation centers, and playgrounds should be incorporated. Chair Ortolano stressed that the item is not an application for a convenience store along Western Avenue but is an ordinance that would establish convenience store criteria throughout the City. Commissioner Wike clarified that western Avenue grocery stores close at approximately 10:00 PM. Sheox-R, Deli.4@e9,sel_'6al1 types of alcohol. k46V4;VAa=, t;Z.the Miraleste , tq Mt*- pownino Commissioner McNulty objected to the suggestionAthat the Commissioners would consider convenience stores only in areas removed from their own neighborhoods. He emphasized that the Commission's obligation is to consider various commercial locations throughout the City. El Minutes January 27, 1987 Page 4 Staff reviewed the ABC's distance regulations with regard to the on-site consumption requirement of 600 feet and the off- site consumption requirement of 200 feet. Staff noted that the staff on-site recommendation of 500 feet is 250°% better than the ABC's 200 foot requirement. Commissioner McNulty moved to close the public hearing; seconded by Commissioner Wike and passed unanimously. Staff related that the current Code is lax in regard to convenience stores since it allows them as a permitted use in any of the CN, CG, and CL zones. Staff said Code Amendment No. 23 is proposed as a means to tighten the restrictions and allow public input. Commissioner wike voiced her support of Alternative No. 3 even though the prohibition of convenience store alcohol sales has not been attempted by other municipalities. Commissioner McNulty stated that Code Amendment No. 23 should not be so technical as to say alcohol sales are prohibited. He related that staff's intentions to tighten alcohol use and to enable public input are within the normal City review procedures and discussed the fact that convenience stores are congregating centers for Duveniles does not have so much to do with alcohol sales as it does with candy and junk food. He said it is the parents' responsibility to control their children from congregating there. Commissioner - McNulty voiced his -support of -Alternative No. 1 and stressed that a 'Conditional" Use Permit is the proper method with which to consider convenience stores. He voiced his opinion that the automatic prohibition of alcohol sales would be illegal. He introduced the idea that the City could consider a condition stating that a conviction or any violation of an alcoholic beverage related law (such as sales to minors, the on-site consumption of alcohol, etc.) would bring automatic approval of the right to revoke the Conditional Use Permit. Chair Ortolano said Commissioner McNulty's right to revoke suggestion might be a good. idea. She said the City Attorney should be consulted regarding same. Staff stated a Conditional use Permit cannot be automatically revoked. Staff discussed that a procedure could be set up to the effect that the applicant would come back to the Commission, testimony would be taken, and a decision would be made. Commissioner Von Hagen voiced his support of Alternative No. 1 and expressed it would allow for public testimony and review of a specific application. He noted Eastview resident concerns over the proliferation of alcohol sales (on or off-site) at convenience stores or any other location. He said the sale of alcohol should be focused .em► through the Conditional Use Permit process. 0 Minutes January 27, 1987 Page 5 • Commissioner Connolly voiced his support of Alternative No. 3 and said a problem will not exist if alcoholic beverage sales are prohibited. He stressed that distance requirements must be strict to insure that convenience stores do not infringe on residences, parks, churches, and schools. Chair Ortolano discussed that Alternative No. 3 is the most restrictive. She noted there are legitimate public health, safety, and welfare concerns that justify unequal treatment of similar uses. She stated that the alternatives presented by staff are not specific enough and are much broader in scope than the sub3ect of convenience stores. She discussed that the Commission's recommendation to Council could be in support of Alternative Nos. 1 and 3. Commissioner Von Hagen said the Commission should make an effort to send a recommendation to Council along with the public's concerns and comments. Mr. Benard related Council's desire for a specific recommendation. He said Council will receive all of the documents the Commission received as well as the minutes, public testimony, and correspondence. Chair Ortolano voiced concern over Council having to review that much information. She questioned whether the draft ordinance contains the information previously requested by the Commission. Mr. Benard expressed that the Commission's previous requests were included in the draft ordinance. Chair Ortolano reviewed the potential problem of an applicant initially receiving approval for the sale of items other than alcohol and subsequently applying to the ABC to sell alcoholic beverages. Staff noted that the ABC always verifies a local agency's requirements. Chair Ortolano related difficulty in understanding the draft ordinance. Mr. Benard clarified that Alternative No. 1 would generally relate to any alcohol consumed on site or packaged and sold for consumption off site for all commercial uses. He said approval of Alternative No. 1 could substantially increase the amount -of applications- for Commiss-ion -consideration. _He clarified. that Alternative No. 4 applies to convenience stores only and does not include automatic prohibition. Staff_ discussed that, due to the public concern over the general sale of alcohol, the Commission could request Council direction regarding a separate amendment making City-wide alcohol sales a conditional use. Minutes January 27, 1987 Page 6 Commissioner McNulty stressed that Council directed the Commission to consider convenience stores. He related that he did not understand public testimony to include resident concerns over the general sale of alcohol throughout the City but over the sale of alcohol in convenience stores. Commissioners Connolly and Wike voiced their continued support for Alternative No. 3 and noted it is directed specifically to convenience stores. Chair Ortolano suggested the item be continued until February 10 in order to digest all related information. Chair Ortolano moved to continue the item until February 10, 1987; seconded by Commissioner McNulty. Commissioner McNulty voiced concern over business people in the City not having been properly noticed that the approval of Code Amendment No. 23 could affect the sale of alcoholic beverages at any commercial establishment. Commissioner Von Hagen agreed. Mr. Benard stressed that substantial noticing was done beyond obligation. He said a notice was published and written notice was mailed to all commercial property owners. He emphasized that a Conditional Use Permit for all alcoholic beverage sales at any commercial use is not being recommended by staff but only offered as one of four alternatives for Commission consideration and stated it is with the discretion of the Commission to make the decision it feels appropriate. The motion passed unanimously. Mr. Benard noted discussion on the item will be continued to February 10. He stated the public hearing was closed so additional public -testimony will not be taken. Commissioner Wike requested information regarding the convenience store moratorium expiration date. Staff said the ordinance must go to Council in February in order to be adopted and in effect before the moratorium expires in mid March. • Minutes January 27, 1987 Page 7 CONTINUED BUSINESS Sign Permit No. 332 • Commissioner Von Hagen moved to waive the staff report; seconded by Commissioner McNulty and passed unanimously. Mr. James Hirtle, 450 Silver Spur Road, applicant, discussed his agreement with staff's recommendation, including the two conditions. Commissioner Von Hagen moved that the Commission adopt staff's Recommendation No. 1 with the conditions as proposed; seconded by Commissioner McNulty and passed unanimously. Appeal rights were noted. NEW BUSINESS Conditional Use Permit Director of Environmental Services No. 103 - Revision Robert Benard presented the staff report. Commissioner Wike requested clarification regarding staff's recommendation that the applicant be required to pay the City $97,000. Assistant Director of Public Works Kevin Smith said $55,000 would be required for the Hawthorne median/otner improvements and $42,000 in bonding would be required for one quarter of the potential signalization ($22,000) and the Crest Road median ($20,000) should they be necessary. Commissioner Von Hagen stated he could support staff's recommendation after discussing the reduced figure with Mr. Smith. Chair Ortolano said the reduced figure was well thought out. Mr. Benard noted that the amount of the developer's recommended payment was reduced since the original Conditional Use Permit conditions were developed in error and because the applicant was relieved of some conditions on the Hawthorne median due to the development of Gelson's. Chair Ortolano questioned whether an irrevocable easement in the canyon is included in the project. Mr. Benard said reference to an irrevocable easement is contained in Condition No. 7 of Exhibit "A". Minutes January 27, 1987 Page 8 Mr. Jerry Thomen, 215 West Torrance Boulevard, Torrance, 90503, landowner, emphasized that a $97,000 payment to the City would make the prosect economically unattractive. He requested clarifi- cation regarding the Hawthorne Boulevard overlay, the Crest Road median, and whether the Hughes Market traffic would be considered in the signalization/Crest median determinations. Mr. Smith discussed that all of Hawthorne will be overlaid during the next fiscal year so a cash payment is being requested for the Hawthorne Boulevard overlay instead of requiring the developer to do the work. He said that $20,000 for the Crest Road median and $22,000 for one quarter of the potential Crest/ Hawthorne signalization would be in the form of bonding and used only if the building was determined to cause a traffic problem. Mr_. Smith said the bonding would be cancelled or refunded if the signalization/Crest median is determined unnecessary. He noted the traffic will be reviewed prior to construction and occupancy and approximately 18 months to two years after 90% occupancy. Commissioner McNulty moved approval of staff's recommendation; seconded by Commissioner Von Hagen and passed unanimously. Appeal rights were noted. Easement Vacation No. 2 Chair Ortolano noted the appli- cant's request to continue the item. By consensus the Commission agreed February 24, 1987. QUESTIONS FROM THE PUBLIC None. (Regarding Non -Agenda Items) REPORTS to continue the item to Staff Mr. Benard related the League of California Cities' meeting on March 11-13 in Sacramento. He requested any Commissioner wishing to attend notify him by January 29. Minutes January 27, 1987 Page 9 Commission Commissioner Wike discussed that she, Commissioner Connolly, and Mr. Benard attended the Four Cities' Planning Meeting held Saturday, January 25. She related that discussion included Rolling Hills Estates' neighborhood Compatibility Ordinance and the four cities' equestrian trails. Commissioner Von Hagen questioned whether discussion included the mel4ding of the equestrian trails with regard to the Wallace Tract and the school site behind it. He questioned whether access from the Wallace Tract to Crestrrdge was discussed. E*4&ti Commissioner Wike said Rolling HillsA is definitely planning equestrian trails (including a loop) on their section of the land and is making a provision should the south boundary of the Wallace Ranch be dedicated. Mr. Benard noted he will meet with Mr. Steve Emsley the week of February 2 to discuss access from the Wallace Tract to Crestridge. Chair Ortolano related her attendance at a breakfast meeting with Mayor Hughes and other chairpersons of various City committees. She said discussion included Mayor Hughes' opinion that Marineland will close and developments with private streets (such as the S & S tract). She stated that Mayor Hughes agreed with her objection to the general approval of private streets. phttoo-ecNeAl Mr. Benard said that, even though the S & S tract has private streets, there is a prohibition against it being a gated community. He noted plans are being formulated to build out that tract. Commissioner Von Hagen mentioned that Tom Bandy and Teri. Hershberg, no longer with the City, were both excellent public service people. He emphasized they will certainly be missed. ADJOURNMENT Commissioner McNulty moved to adjourn at 9:40 PM; seconded by Commissioner Wike and passed unanimously.