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HomeMy WebLinkAboutPC Min 2009-11-04City of Seal Beach Planning Commission Agenda for November 04, 2009 7:30 p.m. PLEDGE OF ALLEGIANCE II. ROLL CALL III. AGENDA APPROVAL By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the Agenda; (b) Re- arrange the order of the Agenda; and /or (c) 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. IV. 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. V. 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. 1. Receive and File: Documents Re: "Low Impact Development." 2. Receive and File: Various Documents Re: Climate Change. VI. SCHEDULED MATTERS 3. Approve Planning Commission Meeting Minutes of October 7, 2009. 4. Approve Planning Commission Meeting Minutes of October 21, 2009. VII. PUBLIC HEARING 5. Variance 09 -6 & Minor Plan Review 09 -7 222 Central Way (Continued from October 7, 2009) 1 City of Seal Beach Planning Commission • Agenda of November 04, 2009 Applicant /Owner: Louis & Pamela Mannone Request: To allow an approximate 400 -sq. ft. addition (enclosure of an approximate 200 -sq. ft. covered breezeway, and the reduction of existing 695 -sq. ft. 3 -car garage to a 455 -sq. ft. 2 -car garage) to an existing, nonconforming residential property. The property is currently nonconforming due to a less than required garage setback from the public alley and a less than required street side yard setback. Recommendation: Approval, subject to conditions, and adoption of Resolution 09 -35 and 09 -36, respectively. C: Conditional Use Permit 08 -8 (Indefinite Extension) 13960 Seal Beach Blvd. (Seal Beach Village) Applicant /Owner: Therese Hotvedt, Seal Beach Village L.P. /Burnham USA Request: Indefinite extension of an existing Conditional Use Permit to host a Certified Farmers Market not more than once per week, from 9:00 a.m. to 2:00 p.m. within the parking lot area of the Seal Beach Village shopping center. Recommendation: Approval, subject to conditions, and adoption of Resolution 09 -43. 7 Conditional Use Permit 08 -1 (Indefinite Extension) 12301 Seal Beach Blvd (Sprouts Farmers Market) Applicant /Owner: Sprouts Farmers Market, L.L.C. Request: Indefinite extension of an existing Conditional Use Permit allowing the off - premise sale of beer and wine (Type 20 License) and an outdoor seating area; and a new request for a change in operating hours from 8:00 a.m. to 10:00 p.m., seven days a week, to 7:00 a.m. to 10:00 p.m., seven days a week, in conjunction with an existing specialty grocery store located in the Shops at Rossmoor. Recommendation: Approval, subject to conditions, and adoption of Resolution 09 -33. FA City of Seal Beach Planning Commission • Agenda of November 04, 2009 VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT Adjourn to regular scheduled meeting of November 18, 2009, at 7:30 P.M. 1 2 3 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of November 4, 2009 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, November 4, 2009. 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 Terrence Belanger, Interim Director of Development Services Jerry Olivera, Senior Planner Steve Flower, Assistant City Attorney AGENDA APPROVAL MOTION by Bello; SECOND by Larson 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. Joyce Parque spoke regarding the microwave dish and its enclosure located in the Bay City Center at Marina Drive and 6 Street. She stated that surrounding residents did not receive notice of the installation of this equipment, and indicated that with the recent ruling in Palos Verdes Estates regarding installation of microwave dishes, residents can now receive notice of proposed installations and voice their objections. She then referred to the proposal by a property owner at the previous Planning Commission (PC) meeting for the installation of an elevator and noted that homeowners do not need approval by the PC in order to install an elevator to accommodate a disabled person. These Minutes were transcribed from audiotape of the meeting. 1 of 12 City of Seal Beach Planning Commission Meeting Minutes of November 4, 2009 Ms. Parque then spoke on Assembly Bill 2702 regarding construction of separate granny units without being subject to a public hearing. There being no one else wishing to speak, Chairperson Deaton closed oral communications. CONSENT CALENDAR 1. Receive and File: Documents Re: "Low Impact Development." 2. Receive and File: Various Documents Re: Climate Change. MOTION by Massa - Lavitt; SECOND by Bello to approve the Consent Calendar as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None SCHEDULED MATTERS 3. Approve Planning Commission Meeting Minutes of October 7, 2009. Mr. Flower noted that because Chairperson Deaton and Commissioner Bello were not in attendance at this meeting, they should abstain from voting on this item, unless they have viewed the DVD of the meeting of October 7, 2009. MOTION by Larson; SECOND by Galbreath to approve the Meeting Minutes of October 7 2009, as presented. MOTION CARRIED: 3 — 0 — 0 — 2 AYES: Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None ABSTAIN: Deaton and Bello 4. Approve Planning Commission Meeting Minutes of October 21, 2009. Mr. Flower noted that because Commissioners Galbreath and Larson were not in attendance at this meeting and should abstain from voting on this item, unless they have viewed the DVD of the meeting of October 21, 2009. MOTION by Bello; SECOND by Massa - Lavitt to approve the Meeting Minutes of October 7, 2009, as presented. 2of12 City of Seal Beach Planning Commission Meeting Minutes of November 4, 2009 MOTION CARRIED: 3 — 0 — 0 — 2 AYES: Deaton, Bello, and Massa - Lavitt NOES: None ABSENT: None ABSTAIN: Galbreath and Larson Chairperson Deaton noted that both Commissioner Larson and Commissioner Galbreath abstained from voting. PUBLIC HEARINGS Chairperson Deaton then stated that she would recuse herself from hearing the next item, as she resides within 500 feet of 222 Central Way. She then left Council Chambers. 5. Variance 09 -6 & Minor Plan Review 09 -7 222 Central Way (Continued from October 7, 2009) Applicant /Owner: Louis & Pamela Mannone Request: To allow an approximate 400 -sq. ft. addition (enclosure of an approximate 200 -sq. ft. covered breezeway, and the reduction of existing 695 -sq. ft. 3 -car garage to a 455 -sq. ft. 2 -car garage) to an existing, nonconforming residential property. The property is currently nonconforming due to a less than required garage setback from the public alley and a less than required street side yard setback. Recommendation: Approval, subject to conditions, and adoption of Resolution 09 -35 and 09 -36, respectively. Staff Report Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and noted that there are approximately 25 properties out of over 1,200 within Old Town with a similar configuration of a corner lot with a side street rather than an alley facing garage. He explained that most alleys in Old Town are 15 feet wide and the standard rear yard setback for Old Town to provide a minimum 24 -foot turn access for entry into a garage is 9 -ft. The Senior Planner noted that the driveway for the subject property measures approximately 10 feet and with a 20 -foot street right -of -way provides an adequate turn radius into the garage. He indicated that there really is no need to impose the setback standard required for an alley entrance. He stated that the proposed additions are to be modest and Staff recommends approval of both Variance (VAR) 09 -6 and Minor Plan Review (MPR) 09 -7. 3of12 City of Seal Beach Planning Commission Meeting Minutes of November 4, 2009 Commissioner Questions •[Tim Public Hearin Vice - Chairperson Massa - Lavitt opened the public hearing. Pam Mannone provided some background information on the purchase of the subject property and the proposed improvements. She spoke in support of approval of VAR 09 -6 and MPR 09 -7 noting that they plan to convert the existing home into a single -story beach cottage with attractive fencing and landscaping. She said they have no plans to subdivide the property or to construct a two -story home. She indicated that they would like to see the rear alley yard fence location remain as is, along with the garage. She stated that moving the fence inward another 4 -5 feet would not significantly change the dimensions of the alley. She ended by requesting approval of both VAR 09 -6 and MPR 09 -7. Commissioner Bello inquired about the proposed used of the small garage. Mrs. Mannone explained that the front of the smaller garage would be used for storage, and the rear would be set up as a game room or small bedroom. She indicated that they will also be installing a small bathroom. Vice - Chairperson Massa - Lavitt questioned having 3 garage doors without actually having 3 garages. She said she would prefer that the 3 garage door space be eliminated altogether, and this area be made a part of the front elevation of the building. Louis Mannone explained that he wishes to retain the garage door, because he wants to have the flexibility to turn this area back into a garage. He stated that the lot is 117 feet long and he feels that the aesthetic would not be affected by retaining the 3 rd garage door. Commissioner Bello asked what would become of the bath, were this space to be converted back to a garage. Mr. Mannone stated that if the PC objects to leaving the 3 rd garage door, then he would prefer to leave this as a garage and not use it for the proposed storage /game room. Commissioner Galbreath asked how many cars the Mannone family has at this time. Mr. Mannone stated that they have three. Commissioner Galbreath asked if the third car is to be parked on the street. Mr. Mannone stated that with the design as proposed, the third car would be parked on the street. There being no one else wishing to speak, Vice - Chairperson Massa - Lavitt closed the public hearing. Commissioner Comments Commissioner Larson stated that he thinks this is a good plan and he would approve the project as presented. 4of12 City of Seal Beach Planning Commission Meeting Minutes of November 4, 2009 Commissioner Bello stated that when granting a VAR the PC must ensure that everything is brought up to Zoning Code (ZC) standards. She indicated that the back fence does not meet Code standards, and this concerns her. She noted that she does not want to see a "domino effect" from others wanting to receive similar approvals. Vice - Chairperson Massa - Lavitt stated that she had visited the site and looked at the fence and found that moving it inward does not create a larger drive aisle down the alley, nor does it benefit anything or anyone. She argued that the fact that the PC is allowing an improvement to a property with the existing garage configuration would be a similar issue. Commissioner Bello countered that the side street garage entry with an inadequate setback is a unique aspect of the property. Vice- Chairperson Massa - Lavitt stated that she does not believe anyone will benefit from having the fence moved back 5 feet, as moving it would create unusable space. She asked Commissioners Larson and Galbreath for their thoughts. Commissioner Larson stated that he does not feel moving the fence back would be necessary. Commissioner Galbreath stated that he has no problem with this, as long as the fence is to be upgraded. Commissioner Larson added that granting this VAR would allow for a nice improvement to this property, and he believes in making it easier to live in this City, rather than more difficult. Commissioner Bello stated that she believes this is a wonderful improvement, but questioned whether the request included the replacement of the fence. Mr. Olivera noted that it is included in the request; unfortunately, due to a Staff error this was not included in the Staff Report. Vice - Chairperson Massa - Lavitt noted that if the fence replacement was not in the Staff Report, the Commission cannot include this in the vote. Mr. Flower stated that his concern is whether the request to maintain the fence was properly noticed for consideration with the Variance. Vice - Chairperson Massa - Lavitt stated that it was not properly noticed. She indicated that the Mannone's would simply have to repair and paint the existing fence. Mr. Flower suggested continuing or re- noticing this item to include a VAR to leave the fence in its present location. Public Hearin Vice - Chairperson Massa - Lavitt reopened the public hearing. Mr. Mannone referred to Page 3 of the Staff Report, which mentions maintaining the existing fence in its present location. Vice - Chairperson Massa - Lavitt explained that although it is mentioned in the Staff Report, this information was not included in the public notice and, therefore, the Commission cannot include this in its discussion. She stated that the PC is proposing that the rest of the application be approved and that the Mannone's simply repair and paint the fence rather than replacing it or this request could be re- noticed for a future hearing. Vice - Chairperson Massa - Lavitt asked if there would be further fees required for the applicant to have this re- noticed. Mr. Flower advised that the PC could direct that any fees be waived. Vice - Chairperson Massa - Lavitt closed the public hearing. 5of12 City of Seal Beach Planning Commission Meeting Minutes of November 4, 2009 MOTION by Larson; SECOND by Bello to approve Variance 09 -6, subject to conditions, and adopt Resolution 09 -35 as presented, and direct that fees be waived should the applicant apply for a separate Variance at a later date to reconstruct the existing fence in its present location. MOTION CARRIED: 4-0-0-1 AYES: Massa - Lavitt, Bello, Galbreath, and Larson NOES: None ABSENT: None ABSTAIN: Deaton Mr. Flower advised that the adoption of Resolution No. 09 -36 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. MOTION by Larson; SECOND by Bello to approve Minor Plan Review 09 -7, subject to conditions, and adopt Resolution 09 -36 as presented. MOTION CARRIED: 4-0-0-1 AYES: Massa - Lavitt, Bello, Galbreath, and Larson NOES: None ABSENT: None ABSTAIN: Deaton Mr. Flower advised that the adoption of Resolution No. 09 -35 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. Mr. Olivera stated that if Mr. Mannone proceeds with the expansion of the project, he would need to move the fence, but if he wishes to keep the fence in its existing location, he would have to apply for another Variance. Chairperson Deaton returned to Council Chambers. 6. Conditional Use Permit 08 -8 (Indefinite Extension) 13960 Seal Beach Blvd. (Seal Beach Village) Applicant /Owner: Therese Hotvedt, Seal Beach Village L.P. /Burnham USA Request: Indefinite extension of an existing Conditional Use Permit to host a Certified Farmers Market not more than once per week, from 9:00 a.m. to 2:00 p.m. within the parking lot area of the Seal Beach Village shopping center. Recommendation: Approval, subject to conditions, and adoption of Resolution 09 -43. 6of12 City of Seal Beach Planning Commission Meeting Minutes of November 4, 2009 Staff Report Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and noted that this item was approved in October 2008, after the Seal Beach Market went out of business and Leisure World Residents voiced concerns over losing the convenience of a nearby grocery store. The property owner then suggested implementing a weekly Farmers Market at this location, of which Staff approved. He noted that at that time there were concerns related to use of the parking area which was to be designated for the anticipated opening of a new Long's Drug Store. A year later Longs has not yet determined whether they will continue with the new store. Commissioner Questions None. Public Hearing Chairperson Deaton opened the public hearing. Tara Gibbs, Property Manager for the Seal Beach Village Center, stated that she was present to respond to any questions. Chairperson Deaton inquired about the parking issue should Longs proceed to open. Ms. Gibbs stated that at this point Longs, which is now CVS, has given no indication that they have any intention of moving into this space. She noted that CVS is attempting to sub -lease the space. She indicated that she does not see this as a concern. Ms. Gibbs stated that the Farmers Market has been operating for a little over one year and there have been no problems with parking or anything else. She noted that the Operator /Manager is present tonight to respond to questions. Rick Cohen, representing the owners of approximately 20 percent of the entire Seal Beach Village Center, stated that they love having the Farmers Market, but are concerned with the possible "Indefinite extension" of this use. He pondered the possibility of a new grocery store tenant coming into the center, when there is already an existing farmers market. He proposed approval of a 12 -month extension of Conditional Use Permit 08 -8, rather than an indefinite extension, to accommodate potential future events within the shopping center. Commissioner Larson noted that the property owner does have the option of not continuing with the farmers market at any time. Mr. Olivera explained that this shopping center is comprised of two parcels with separate property owners. Commissioner Massa - Lavitt asked what type of lease agreement was made with the farmers market. Joe Honescko, operator /manager of the farmers market, clarified that the market is there to help the residents of Leisure World and to help promote the shopping center as well. He indicated that he does not have a lease agreement, and if 7of12 City of Seal Beach Planning Commission Meeting Minutes of November 4, 2009 the property owner gave him a 30 -day notice to cease operation, this would not be unusual, as this is typical of farmers markets. Mr. Belanger asked if there were a reciprocal parking agreement between the two property owners that allows everyone in the center to park anywhere. Mr. Cohen stated that there is a reciprocal agreement. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments Chairperson Deaton stated that she would like to add a clause stating that the PC could revisit this CUP in the future should there be any problem with parking. Mr. Flower added that the PC always has the authority to call for modification of an existing CUP. Mr. Olivera suggested adding language stating that if at some point in the future parking problems arise, that the PC reserves the right to review the CUP. Commissioner Massa - Lavitt stated that with the 30 -day cancellation clause she does not believe that this would be necessary. She noted that if the new tenant comes in and demands all of its parking spaces, the farmers market would have to vacate. She added that there is a reciprocal parking agreement and even when the farmers market is operating, there is always plenty of parking. She encouraged not placing further conditions upon this CUP. Chairperson Deaton asked what the problem would be with adding this condition. Commissioner Massa - Lavitt stated that this could lead to getting the City involved in a potential tenant dispute. Mr. Flower stated that Commissioner Massa - Lavitt has correctly stated the circumstance. He reiterated that the PC always has the discretion to call for modification of an existing CUP if a problem develops. Public Hearing Chairperson Deaton re- opened the public hearing. Mr. Cohen clarified that the term "indefinite" means that the farmers market can go on in perpetuity. He restated his concerns if different tenants comes into the center. Chairperson Deaton noted that if a different type of use, like a restaurant, comes into the center, the whole parking issue will have to be re- examined. Mr. Flower explained that the reason the word "indefinite" is used in this context, is that the City has a general practice that when it initially approves a CUP, it can impose a 6 -month or 12 -mont review of that CUP to determine whether it is operating as expected, and to see if there are any unforeseen problems. He continued by stating that at the end of the review period, another public hearing is conducted to determine whether or not there should be an indefinite extension of the CUP. He noted that a CUP does not have to be subject to a review period, and can be granted without one. He ended by stating that all CUPs are indefinite, and they run with the land, and added that the key is whether or not the use should be permitted. 8of12 City of Seal Beach Planning Commission Meeting Minutes of November 4, 2009 Chairperson Deaton closed the public hearing. MOTION by Massa - Lavitt; SECOND by Larson to approve the Indefinite Extension of Conditional Use Permit 08 -8, subject to conditions, and adopt Resolution 09 -43 as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None Mr. Flower advised that the adoption of Resolution No. 09 -43 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 7. Conditional Use Permit 08 -1 (Indefinite Extension) 12301 Seal Beach Blvd (Sprouts Farmers Market) Applicant /Owner: Sprouts Farmers Market, L.L.C. Request: Indefinite extension of an existing Conditional Use Permit allowing the off - premise sale of beer and wine (Type 20 License) and an outdoor seating area; and a new request for a change in operating hours from 8:00 a.m. to 10:00 p.m., seven days a week, to 7:00 a.m. to 10:00 p.m., seven days a week, in conjunction with an existing specialty grocery store located in the Shops at Rossmoor. Recommendation: Approval, subject to conditions, and adoption of Resolution 09 -33. Staff Report Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and noted that Staff has received no complaints over the past year with the existing alcohol license or the outdoor seating. He stated that Staff recommends approval of the Indefinite Extension of Conditional Use Permit (CUP) 08 -1, as well as the proposed change in hours, which does comply with City ordinances. Commissioner Questions None. Public Hearing 9of12 City of Seal Beach Planning Commission Meeting Minutes of November 4, 2009 Chairperson Deaton opened the public hearing. Mike , representing Sprouts Market, thanked Staff for their assistance in reviewing this project and stated that Sprouts would like to bring this store in compliance with the others stores in this chain. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments None. MOTION by Larson; SECOND by Bello to approve the Indefinite Extension of Conditional Use Permit 08 -1, subject to conditions, and adopt Resolution 09 -33 as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None Mr. Flower advised that the adoption of Resolution No. 09 -33 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. STAFF CONCERNS Mr. Olivera apologized to the Commission for not presenting the Resolutions for two items from the last meeting for 1101 Seal Way and the Main Street Wine Cellar. He indicated that these will be carried over to the next meeting. COMMISSION CONCERNS Commissioner Larson asked about any action taken by City Council at its last meeting regarding the issue of "doghouses." Mr. Olivera stated that he was not present at the meeting and does not know whether any action was taken. He indicated that he understands that City Council (CC) had directed Staff to look into the matter. Commissioner Galbreath stated that CC had not discussed this at its last meeting. Commissioner Larson stated that there has been too much delay is resolving this issue as well as the issue about the number of alcohol licenses on Main Street. He commented that these need to be resolved so that residents and business owners can know how to proceed. Commissioner Bello asked if lines are to be painted on the streets in Bridgeport. Mr. Olivera stated that he would speak with the City Engineer about this. 10 of 12 City of Seal Beach Planning Commission Meeting Minutes of November 4, 2009 Commissioner Massa - Lavitt referred to Joyce Parque's comments and asked if the recent ruling made in Palos Verdes referred only to the fact that the City can require agencies to make the antenna enclosures aesthetically pleasing. Mr. Flower stated that the issue in this case was the interpretation of division of state law under the Public Utilities Code, Section 7901, which grants telephone service providers a statewide franchise to operate in the public right -of -way. He explained that the key question was whether or not cities retain the authority to regulate these types of facilities in the public right -of -way on the basis of aesthetics. Commissioner Massa - Lavitt then referenced Ms. Parque's comments on permitting elevators in common areas. With regard to Ms. Parque's comments about elevators, Mr. Olivera stated for the record that approval was granted at the last PC meeting for the elevator at 1101 Seal Way. Commissioner Massa - Lavitt asked if Staff could locate the address for the elevator in the common area that Ms. Parque had referred to. Commissioner Massa - Lavitt then inquired about Ms. Parque's comments related to "granny units," noting that the ZC does state that these would not be permitted in the Residential High Density Zone (RHD). Mr. Olivera noted that they are permitted in the Residential Low Density Zone (RLD) and most of the remainder of the City. Commissioner Massa - Lavitt then asked if interviews have begun to select the new Director of Development Services. Mr. Belanger indicated that the second interview process was recently completed, and the City Manager will soon be interviewing the finalists. Commissioner Galbreath stated that a resident had asked when the right turn lane from Seal Beach Boulevard onto Lampson Avenue will be opened up to allow drivers to turn west onto Lampson Avenue. He said Mr. Olivera had indicated that potentially there may continue to be additional work needed at that location. Commissioner Galbreath questioned whether the barriers could be removed until the determination is made that additional work is required. Mr. Olivera stated he would ask the City Engineer about this. Chairperson Deaton commented that she understands the Zoning Code (ZC) revision is to be presented to the PC again and she believes this is where the PC should be addressing the issues mentioned by Commissioner Larson: doghouses and capping alcohol licenses on Main Street. Mr. Olivera stated that Staff is working to bring the ZC back before the PC after the first of the year. Mr. Flower interjected that alcohol licenses is really a Main Street issue that will be addressed with the review of the Main Street Specific Plan (MSSP), which will probably run parallel to the review of the Title 11 ZC. With regard to doghouses, Mr. Flower stated that his understanding is that they will be eliminated. Chairperson Deaton asked if Staff would be permitted to tell people at the counter that we are not accepting applications for doghouses until after review of the Title 11 ZC. Mr. Flower stated that if it is on the books, Staff has a ministerial duty to accept the application and process it. He noted that it would then become a discretionary matter for the PC to determine whether or not to grant it. Chairperson Deaton then asked if review of the MSSP has been delegated to the PC. Mr. Flower stated that he has not attended the City Council (CC) meetings where this has been addressed. Mr. Olivera stated that he would check with Quinn Barrow 11 of 12 City of Seal Beach Planning Commission Meeting Minutes of November 4, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 regarding this. Mr. Flower noted that he could review the CC minutes to determine what was discussed. Chairperson Deaton then requested that the next agenda include discussion of an Ad Hoc Committee to establish agenda protocols for Planning Commission meetings, as well as discussion of the MSSP. She stated that she wished to have the PC recommend to CC that they establish a committee to begin review of the MSSP. ADJOURNMENT Chairperson Deaton adjourned the meeting at 9:00 p.m. Respectfully Submitted, Carmen Alvarez, Executive Assista t Planning Department APPRnVA1 The Commission on November 18, 2009, approved the Minutes of the Planning Commission Meeting of Wednesday, November 4, 2009. � . 12 of 12