Planning Commission Meeting Minutes of
February 9, 2022
MANHATTAN BEACH
PLANNING COMMISSION
MINUTES OF REGULAR MEETING
FEBRUARY 09, 2022
A. C
ALL MEETING TO ORDER
A
Regular meeting of the Planning Commission of the City of Manhattan Beach, California was held virtually via Zoom on the 9th day of February, 2022. Chair Morton called the meeting to order at the hour of 3:00 p.m.
B. P
LEDGE TO FLAG
C. RO
LL CALL
P
resent: Chair Morton, Vice Chair Ungoco, Commissioners Sistos, Dillavou , Tokashiki,
Absent: None
Others Present: Carrie Tai, AICP, Director of Community Development Brendan Kearns, Assistant City Attorney
Talyn Mirzakhanian, Planning Manager
Elaine Yang, Associate Planner
Fel Cortez, Agenda Host
Rosemary Lackow, Recording Secretary
D.
APPROVAL OF AGENDA
A
motion was made and seconded (Dillavou/Tokashiki) to approve the agenda with no changes.
R
oll Call:
Ayes: Sistos, Dillavou, Tokashiki , Vice Chair Ungoco, Chair Morton Noes: None
Absent: None
Abstain: None
E.
AUDIENCE PARTICIPATION - None
F. AP
PROVAL OF THE MINUTES
02 /09/22-1 Regular Meeting – January 12, 2022
I
t was moved and seconded (Ungoco/Sistos) to approve the minutes as submitted.
R
oll Call:
Ayes: Sistos, Dillavou, Tokashiki , Vice Chair Ungoco, Chair Morton Noes: None
Absent: None
Abstain: None
G.
CONSENT
02 /09/22-2 Planning Commission Reconsideration of the Circumstances of the Declared COVID-19 Emergency to Determine Whether the Planning Commission Should Continue to Hold Remote Meetings Pursuant to Assembly Bill (AB) 361’s Special Teleconferencing Requirements
D
irector Tai provided a brief overview, advising that the Commission’s action is needed to enable the Commission to continue to meet remotely vs. in -person and can be voted on by approving the consent calendar consisting of this one item.
Planning Commission Meeting Minutes of
February 9, 2022 Page 2 of 4
Chair Morton called for a motion; it was moved and seconded (Ungoco/Dillavou) that the Planning Commission approve the consent calendar thereby adopting the required findings in accordance with AB 361.
R
oll Call:
Ayes: Sistos, Dillavou, Tokashiki , Vice Chair Ungoco, Chair Morton Noes: None
Absent: None
Abstain: None
D
irector Tai announced that the motion has passed.
H. P
UBLIC HEARING
2 /09/22-3 Consideration of a Use Permit to Upgrade an Existing Alcohol License from Allowing Off-Sale Beer and Wine to Allow Off-Sale Beer, Wine and Distilled Spirits in Conjunction with the Operation of an Existing Convenience Store at 1221 Artesia Boulevard, Suite 101, and Associated Environmental Determination in Accordance with the California Environmental Quality Act (7-Eleven)
D
irector Tai introduced new Associate Planner Elaine Yang who proceeded with a staff report providing a detailed background, analysis and recommendation that the Commission conduct the public hearing, accept public testimony and adopt the draft Resolution approving the subject use permit subject to conditions. Ms.
Yang noted that one comment letter has been received from Mr. Richard McQuillin stating his concerns regarding potential impacts to the neighborhood and he suggested mitigation.
S
taff responded to questions from the Commission, noting: 1) there has been no direct discussion between staff and commenter McQuillin upon receipt of his correspondence, however staff is aware that Mr.
McQuillin is present at this hearing and will be able to testify to his concerns. His concerns and any suggestions can be considered by the Commission in making a decision. 2) While the City can dictate during which hours alcohol may be sold as conditions, California State Department of Alcoholic Beverage Control (ABC) also has this authority and the stricter of the two permits (use permit/ABC license) will supersede. 3) Based on City code enforcement and MBPD records 7-Eleven has operated at this site since 1984 without si
gnificant adverse events reported. 4) The Municipal Code includes a process whereby the use permit can be reviewed and, ultimately modified, to address significant impacts if they occur as a result of the approved entitlement.
C
hair Morton invited the applicant to testify
B
ruce Evans, representing applicant 7-Eleven, described the purpose of the permit request - to sell a relatively small amount (one shelf behind the counter) of distilled spirits; emphasized the company has a solid clean 30-year operational record; believes the City also benefits in that the business will be brought into conformity by having a use permit which gives the City a strong enforcement tool should problems arise. He believes that the cleanliness complaints may b e originating from other nearby businesses and stipulated that the applicant is amenable to a condition requiring coolers to be locked at midnight.
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aman Chadha, business operator/franchisee, recalls that only “once in a blue moon” has there been a disturbance such as a “beer run” or such that stands out.
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ichard McQuillin, 1281 Tennyson, approximately two blocks from the store, is opposed to granting the use permit and plans to protest the ABC alcohol license on the basis that he believes that if granted, currently occurring impacts (trash, urine, graffiti, vomiting, etc.) will worsen. He d oes not sense that the business cares about the residential neighborhood; urged the Commission to carefully consider protecting the residents’ quality of life.
C
hair Morton, upon confirming no others present that wished to speak, closed the public hearing.
T
he Commission acknowledged commenter R. McQuillin’s concerns, conducted a discussion,and indicated the following reasons to support the application : 1) the a pplicant/franchisee has a l ong-standing non- Planning Commission Meeting Minutes of
February 9, 2022
problematic operational record; 2) the alcohol use will also be regulated by the State ABC; 3) conditions of approval will help alleviate potential adverse impacts; 4) there is no clear evidence that granting the request will result in new adverse impacts; 5) the distilled spirits being requested represent a small percentage of items being sold in the store; and; 6) the granting of the use permit will help the business operator continue an economically viable business and this is a public benefit.
C
hair Morton noted that it would be beneficial for the applicant and/or franchisee to communicate with commenter McQuillin.
I
t was subsequently moved and seconded (Ungoco/Tokashiki) that the Planning Commission adopt the submitted draft Resolution PC 22- , approving the subject use permit subject to conditions, and adopt a determination of exemption under CEQA.
RO
LL CALL:
Ayes: Sistos, Dillavou, Tokashiki , Vice Chair Ungoco, Chair Morton Noes: None
Absent: None
Abstain: None
D
irector Tai announced that the motion has passed 5-0; the Commission’s decision will be forwarded to the City Council and is appealable to the City Council within 15 days from today’s date.
H.
DIRECTOR’S ITEMS
D
irector Tai provided updates as follows:
1. H
ousing Element: The City Council conducted hearings on February 1, 4, continued to February 9 (
today). If the Council adopts the Element at today’s meeting, the Element will be submitted to the State.
2. Proposed Highrose/El Porto development: a 79-unit multifamily development on Rosecrans A
venue, just east of Highland, includes some affordable units, utilizing State density bonus law.
The
application is being processed . The approval process is not discretionary but could come before the Planning Commission if an appeal is filed in a timely fashion.
3. SB
9– new state housing law: The City Council passed an interim Ordinance (IO) establishing minimum development standards, with an initial life of 45 days; and recently passed an extension for another 10-months and 15 days.
4. Hi
storic Preservation Ordinance: The City Council has ado pted an interim Ordinance (IO) clarifying the criteria for applying a “Certificate of Appropriateness”, as the IO is set to expire March 4 but City Council will consider extending at its March 1 meeting.
5. C
ovid-19: 1) Outdoor dining/parklets: continuing in the public right -of-way downtown, north end Highland, and on some private properties; during the Omicron surge, there was a refocus on enforcement, as many restaurants were exceeding allowed occupancies, contrary to the Council’s intent. Enforcement is being undertaken to ensure restaurants stay under the allowed occupancy. 2) Public meeting format: Council has decided to stay with only Zoom for now; the Commission, as w
ith other City boards, will discuss this only after Council returns to in -person meetings and est
ablishes a “hybrid” format - both remote and in-person.
I. PLANNING COMMISSION ITEMS - None
J. T ENTATIVE AGENDA – February 23, 2022 – a study session relating to l sea level rise and asso
ciated amendments to the City’s Local Coastal Program will be scheduled.
K. ADJOURNMENT
At 3:49 p.m. it was moved and seconded (Dillavou)/Sistos) that the meeting be adjourned to Wednesday, February 23, 2022 at 3:00 p.m. via Zoom/virtual format. The motion passed 5-0 with a roll call vote (Ayes: Sistos, Dillavou, Tokashiki, Vice Chair Ungoco, Chair Morton).
Planning Commission Meeting Minutes of
February 9, 2022