HomeMy WebLinkAboutPC Min 2011-04-20City of Seal Beach Planning Commission • Agenda of April 20, 2011
City of Seal Beach Planning Commission
Agenda for April 20, 2011
City Council Chambers - 7:30 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
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.
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 or staff to request an item be removed
from the Consent Calendar for separate action.
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 or staff
requests a specific item be removed from the Consent Calendar for separate action.
1. Approve Planning Commission Meeting Minutes of March 16, 2011
SCHEDULED MATTERS
2. Determination of Zoning Pursuant to Chapter 11.5.05 – Patio Covers/Enclosures
Within Residential Zones (Continued from March 16, 2011.)
PUBLIC HEARING
3. Conditional Use Permit 11-3
112 Main Street (Seal Beach Liquor)
Applicant/Owner: Stephanie Potter / Mary Scheid
Request: For the on-premise preparation and sale of deli foods in
conjunction with an existing convenience/liquor store within
the Main Street Specific Plan (MSSP) Zone.
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City of Seal Beach Planning Commission • Agenda of April 20, 2011
Recommendation: Approval, subject to conditions, and adoption of Resolution
11-5.
4. Conditional Use Permit 11-2
12541 Seal Beach Boulevard (Rite-Aid)
Applicant/Owner: MPA Inc., on behalf of Rossmoor Shops, LLC / Rossmoor
Shops, LLC
Request: For the establishment of a drug store/pharmacy with a drive-
through lane, alcohol sales, and 24-hour operation.
Recommendation: Approval, subject to conditions, and adoption of Resolution
11-4.
5. Conditional Use Permit 11-4
12365 Seal Beach Boulevard (In-N-Out Burger)
Applicant/Owner: John Puente, Jr. / Rossmoor Shops, LLC
Request: For the establishment of a new fast food restaurant with
drive-through service an outdoor seating area.
Recommendation: Approval, subject to conditions, and adoption of Resolution
11-6.
DIRECTOR’S REPORT
COMMISSION CONCERNS
ADJOURNMENT
2011 Agenda Forecast
May 04
Update Regency Center – CVS Loading Dock & Rear Lighting
Determination of Zoning – Patio Covers/Enclosures within Residential Zones
Variance 11-1 – 602 Central Avenue
May 18
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CITY OF SEAL BEACH
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PLANNING COMMISSION
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3
Minutes of April 20, 2011
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7 Chairperson Massa-Lavitt called the regularly scheduled meeting of the Planning
8 Commission to order at 7:32 p.m. on Wednesday, April 20, 2011. The meeting was
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9 held in the City Council Chambers and began with the Salute to the Flag.
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ROLL CALL
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13 Present: Chairperson Massa-Lavitt, Commissioners Bello, Cummings, Everson, and
14 Galbreath
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16 Also
17 Present: Department of Development Services
18 Mark Persico, Director of Development Services
19 Jerry Olivera, Senior Planner
20 Steven Flower, Assistant City Attorney
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22 Absent: None
23
ORAL COMMUNICATIONS
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26 Chairperson Massa-Lavitt opened oral communications.
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28 Esther Kenyon, Director of Operations for the Seal Beach Chamber of Commerce,
29 spoke in support of all three Conditional Use Permit applications to be heard tonight.
30 She then thanked City Staff for the support provided in planning the 2011 Classic Car
31 Show.
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33 Mike Bubbe thanked Commissioner Everson for his service on the Planning
34 Commission (PC). He then spoke in support of the proposed expansion of Marina Park
35 and noted that he would like to see a diversity of lot sizes in the proposed residential
36 development for the DWP property.
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38 There being no one else wishing to speak, Chairperson Massa-Lavitt closed oral
39 communications.
40
AGENDA APPROVAL
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42
43 MOTION by Cummings; SECOND by Galbreath to approve the Agenda as presented.
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These Minutes were transcribed from audiotape of the meeting.
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MOTION CARRIED: 5 – 0
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AYES: Massa-Lavitt, Bello, Cummings, Everson, and Galbreath
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NOES: None
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ABSENT: None
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5
CONSENT CALENDAR
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8 1. Approve Planning Commission Meeting Minutes of March 16, 2011
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10 Member Bello abstained from voting on this item, as she was not in attendance at the
11 meeting of March 16, 2011.
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13 MOTION by Galbreath; SECOND by Cummings to approve the Consent Calendar as
14 presented.
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MOTION CARRIED: 4 – 0 – 0 – 1
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AYES: Massa-Lavitt, Cummings, Everson, and Galbreath
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NOES: None
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ABSENT: None
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ABSTAIN: Bello
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SCHEDULED MATTERS
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24 2. Determination of Zoning Pursuant to Chapter 11.5.05 – Patio Covers/Enclosures
25 Within Residential Zones (Continued from March 16, 2011.)
26
27 MOTION by Cummings; SECOND by Bello to continue Item 2 to the next scheduled
28 Planning Commission meeting of May 4, 2011.
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MOTION CARRIED: 5 – 0
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AYES: Massa-Lavitt, Bello, Cummings, Everson, and Galbreath
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NOES: None
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ABSENT: None
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34
PUBLIC HEARINGS
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37 3. Conditional Use Permit 11-3
38 112 Main Street (Seal Beach Liquor)
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40 Applicant/Owner: Stephanie Potter / Mary Scheid
41
42 Request: For the on-premise preparation and sale of deli foods in
43 conjunction with an existing convenience/liquor store within
44 the Main Street Specific Plan (MSSP) Zone.
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City of Seal Beach Planning Commission
Meeting Minutes of April 20, 2011
1 Recommendation: Approval, subject to conditions, and adoption of Resolution
2 11-5.
3 Staff Report
4
5 Mr. Olivera delivered the staff report. He provided information on this item and noted
6 that when there is a substantial change to the operation or nature of a business that has
7 an existing Conditional Use Permit (CUP), the request must be presented at a public
8 hearing before the Planning Commission (PC). He indicated that Staff has adequately
9 conditioned this proposal to prevent the inclusion or expansion of on-site indoor or
10 outdoor seating of any kind. He stated that the existing CUP 92-8 predates approval of
11 the Main Street Specific Plan (MSSP) so many of its Conditions of Approval are not in
12 conformance with the MSSP. He stated that with the new proposed Conditions of
13 Approval, Staff has taken the opportunity to bring this business more into conformance
14 with the MSSP with regard to alcohol uses and to change the closing time from 11:00
15 p.m. on weekdays and midnight on weekends, to 10:00 p.m. Sunday through Thursday,
16 and 11:00 p.m. on Friday and Saturday. He added that they can now open one hour
17 earlier. Mr. Olivera then reported that both Seal Beach PD and Alcohol and Beverage
18 Control (ABC) are in agreement with these modifications.
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20 Commissioner Questions
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22 Commissioner Cummings asked if sandwiches would be prepared to order or pre-
23 prepared. Mr. Olivera stated that the applicant could respond to this. He then noted
24 that Staff has limited the amount of floor area to be used for the preparation and sale of
25 the sandwiches.
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27 Commissioner Everson asked if the existing floor plan would change. Mr. Oliver stated
28 that changes would be made as presented in the floor plan submitted. Commissioner
29 Everson verified that the rear entrance would not serve for public access to the store.
30 Mr. Olivera stated that it would not be for public access.
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32 Public Hearing
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34 Chairperson Massa-Lavitt opened the public hearing.
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36 Stephanie Potter, owner of Seal Beach Liquor, stated that they would offer both pre-
37 prepared and sandwiches prepared to order, with an offering of selected meats and
38 produce selections for inclusion in the sandwiches. She indicated that they do not wish
39 to have customer seating available and noted that Seal Beach Liquor will be in
40 compliance with all Orange Co. Environmental Health requirements. Chairperson
41 Massa-Lavitt asked if they are in agreement with the change in the hours of operation.
42 Ms. Potter noted that they are struggling to remain in business and this is the first they
43 have heard of this change, but if the requirement is that her business be in compliance
44 with the MSSP, she does not foresee that this would be a problem, since they are
45 attempting to increase their daytime business.
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City of Seal Beach Planning Commission
Meeting Minutes of April 20, 2011
1 There being no one else wishing to speak, Chairperson Massa-Lavitt closed the public
2 hearing.
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4 Commissioner Comments
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6 None.
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8 MOTION by Cummings; SECOND by Bello to approve Conditional Use Permit 11-3,
9 subject to conditions, and adopt Resolution 11-5 as presented.
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MOTION CARRIED: 5 – 0
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AYES: Massa-Lavitt, Bello, Cummings, Everson, and Galbreath
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NOES: None
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ABSENT: None
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16 Mr. Flower advised that the adoption of Resolution No. 11-5 begins a 10-day calendar
17 appeal period to the City Council. The Commission action tonight is final and the
18 appeal period begins tomorrow morning.
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20 4. Conditional Use Permit 11-2
21 12541 Seal Beach Boulevard (Rite-Aid)
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23 Applicant/Owner: MPA Inc., on behalf of Rossmoor Shops, LLC / Rossmoor
24 Shops, LLC
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26 Request: For the establishment of a drug store/pharmacy with a drive-
27 through lane, alcohol sales, and 24-hour operation.
28
29 Recommendation: Approval, subject to conditions, and adoption of Resolution
30 11-4.
31
32 Staff Report
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34 Mr. Olivera delivered the staff report. He provided information on this item and noted
35 that Staff has required that the applicant provide a traffic study, which shows that with
36 the demolition of the Chevron station, the Kentucky Fried Chicken store, and the
37 commercial space at the project location, Rite-Aid would actually create a decrease in
38 the trip generation numbers. He indicated that regarding the request for approval of
39 alcohol sales, the census tract for the project area would have an over concentration of
40 one license, but this would not create an overconcentration for off-premise alcohol
41 licenses within this tract. Mr. Olivera noted that Seal Beach PD has no concerns with
42 approval of this request. He then stated that Staff feels it has adequately conditioned
43 the 24-hour operation so as to address any potential impacts to neighboring residential
44 areas. He explained that as part of the I-405 bridge widening the City plans to restripe
45 and reconfigure the northbound lanes on Seal Beach Blvd. to create a double left-turn
46 lane onto St. Cloud Drive. The Director of Public Works, Sean Crumby, then responded
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City of Seal Beach Planning Commission
Meeting Minutes of April 20, 2011
1 to questions regarding the proposed new traffic configuration. He noted that the
2 proposed plan will decrease the number of driveways currently located in this section of
3 the shopping center.
4
5 Commissioner Questions
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7 None.
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9 Public Hearing
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11 Chairperson Massa-Lavitt opened the public hearing.
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13 Madelyn Jackrel, representative for the Shops at Rossmoor, stated that they have
14 worked to improve traffic conditions and circulation within the center by closing 4
15 driveways near the proposed area. She said this will help traffic flow along St. Cloud
16 Drive and Seal Beach Boulevard.
17
18 Tracy Verastegui, representative for Rite Aid, stated that they have agreed to accept
19 Conditions 38, 39, and 42 as written in the proposed Resolution 11-4. She indicated
20 that Rite Aid has decided to proceed with a second traffic study on the traffic turning
21 movements into and out of the proposed project area from St. Could Drive and Seal
22 Beach Boulevard.
23
24 Commissioner Cummings inquired about landscaping for this project. Ms. Jackrel
25 stated that the same high quality landscaping throughout the center will be added to this
26 project. Chairperson Massa-Lavitt requested that Staff ensure that sufficient shade
27 trees are incorporated into the landscape. Commissioner Cummings then noted that
28 the plan should also include safe pedestrian access routes from St. Cloud Drive to the
29 Rite Aid store entrance.
30
31 Mr. Olivera noted that the condition requiring that the applicant return to request an
32 indefinite extension of this CUP after a 6- or 12-month review period must also be
33 added to the Conditions of Approval. He recommended a 12-month review period.
34
35 Mike Bubbe noted that pedestrian access to the CVS store in Old Town is really
36 awkward and he recommended a better plan be designed for Rite Aid.
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38 There being no one else wishing to speak, Chairperson Massa-Lavitt closed the public
39 hearing.
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41 Commissioner Comments
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43 Chairperson Massa-Lavitt requested that Staff work with Linscott, Law & Greenspan to
44 provide the applicant with alternatives for pedestrian access points to the new Rite Aid
45 from St. Cloud Drive.
46
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City of Seal Beach Planning Commission
Meeting Minutes of April 20, 2011
1 MOTION by Cummings; SECOND by Everson to approve Conditional Use Permit 11-2,
2 subject to conditions, and adopt Resolution 11-4 as amended with 2 added conditions:
3
4 1. CUP 11-2 to be subject to a 12-month review period after which time application
5 for an Indefinite Extension must be submitted.
6 2. Applicant to work with Staff to provide addition of pedestrian access from St. Cloud
7 Drive.
8
MOTION CARRIED: 5 – 0
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AYES: Massa-Lavitt, Bello, Cummings, Everson, and Galbreath
10
NOES: None
11
ABSENT: None
12
13
14 Mr. Flower advised that the adoption of Resolution No. 11-4 begins a 10-day calendar
15 appeal period to the City Council. The Commission action tonight is final and the
16 appeal period begins tomorrow morning.
17
18 5. Conditional Use Permit 11-4
19 12365 Seal Beach Boulevard (In-N-Out Burger)
20
21 Applicant/Owner: John Puente, Jr. / Rossmoor Shops, LLC
22
23 Request: For the establishment of a new fast food restaurant with
24 drive-through service an outdoor seating area.
25
26 Recommendation: Approval, subject to conditions, and adoption of Resolution
27 11-6.
28
29 Staff Report
30
31 Mr. Olivera delivered the staff report. He provided information on this item and noted
32 that the outdoor seating is to be located well away from parking areas, and because
33 In-N-Out does not sell alcohol, the outdoor seating area would not require a perimeter
34 wall. He stated that the traffic study indicates that queuing of cars within the drive-thru
35 lane will be adequate for the proposed use.
36
37 Commissioner Questions
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39 Chairperson Massa-Lavitt stated that the queuing line of cars and the restaurant drive-
40 through window should not be visible to drivers on the nearby streets. John Puente, the
41 representative for In-N-Out noted that existing landscaped bioswales with growing
42 vegetation off of both Seal Beach Boulevard and Town Center Drive would help obscure
43 the view of the drive-through lane. Mr. Puente then noted that Resolution 11-6 does not
44 reflect the standard operating hours for In-N-Out. Mr. Olivera indicated that he had
45 used the standard operating hours for commercial uses, but if the Planning Commission
46 (PC) was in agreement the hours can be changed to reflect 10:30 a.m. to 1:00 a.m. on
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City of Seal Beach Planning Commission
Meeting Minutes of April 20, 2011
1 Sun-Thurs and 10:30 a.m. to 1:30 p.m. on Fri-Sat, which are the standard operating
2 hours for In-N-Out.
3
4 Public Hearing
5
6 Chairperson Massa-Lavitt opened the public hearing.
7
8 Rebecca Alley, resident of Montecito Road, spoke in support of Conditional Use Permit
9 11-4 for In-N-Out Burger.
10
11 There being no one else wishing to speak, Chairperson Massa-Lavitt closed the public
12 hearing.
13
14 Commissioner Comments
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16 None.
17
18 Mr. Olivera confirmed that the amendments to Resolution 11-4 are as follows;
19
20 1. Extend operating hours to 10:30 a.m. to 1:00 a.m. on Sun-Thurs and 10:30 a.m. to
21 1:30 p.m. on Fri-Sat
22 2. Eliminate Condition No. 23, which restricted driveway access.
23 3. Revise language in Condition 31 to reflect current Municipal Code.
24 4. Clarification of plans for use of exterior tables, which are to be permitted, and also
25 use of tables in the canopied area.
26 5. Condition the inclusion of additional plantings in the landscaped area fronting Town
27 Center Drive to obscure the queuing area, and if needed, along Seal Beach
28 Boulevard to continue blocking the view from the street of the exit drive aisle.
29
30 MOTION by Bello; SECOND by Galbreath to approve Conditional Use Permit 11-4,
31 subject to conditions, and adopt Resolution 11-6 as amended.
32
MOTION CARRIED: 5 – 0
33
AYES: Massa-Lavitt, Bello, Cummings, Everson, and Galbreath
34
NOES: None
35
ABSENT: None
36
37
38 Mr. Flower advised that the adoption of Resolution No. 11-6 begins a 10-day calendar
39 appeal period to the City Council. The Commission action tonight is final and the
40 appeal period begins tomorrow morning.
41
DIRECTOR’S REPORT
42
43
44 Mr. Persico reported on the following items:
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City of Seal Beach Planning Commission
Meeting Minutes of April 20, 2011
1 1. Letter Re: Recirculated Draft Environmental Impact Report (EIR), Second + PCH
2 Project — City of Long Beach, dated April 11, 2011.
3
4 2. Letter Re: Environmental Assessment and Draft Finding of No Significant Impact
5 for Stationing an Army Reserve Black Hawk Company at the Joint Forces Training
6 Base (JFTB) Los Alamitos, California, dated April 11, 2011.
7 a. General Jones of JFTB to attend City Council meeting of April 25, 2011.
8
9 3. City Council approved flowchart of review process for the development of DWP
10 Property.
11
12 4. May 4, 2011, meeting:
13 a. Follow -Up from December 1, 2010, Planning Commission Hearing on
14 Conditional Use Permit 08 -12 for 901 -1101 Pacific Coast Highway (Seal
15 Beach Regency Center) — Outstanding Issues
16 b. Determination of Zoning Pursuant to Chapter 11.5.05 — Patio Covers/
17 Enclosures Within Residential Zones (Continued from April 20, 2011.)
18 c. Variance11 -1 — 602 Central Avenue
19
20 COMMISSION CONCERNS
21
22 None.
23
24 ADJOURNMENT
25
26 Chairperson Massa - Lavitt adjourned the meeting at 9:48 p.m.
27
28
29 Respectfully Submitted,
30
31
32 aLLa��
33 Carmen Alvarez, Executive Assi ant
34 Planning Department
35
36
37 APPROVAL
38
39 The Commission on May 4, 2011, approved the Minutes of the Planning Commission
40 Meeting of Wednesday, April 20, 2011.
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