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Home My WebLink AboutPC Min 2011-03-02City of Seal Beach Planning Commission • Agenda of March 2, 2011 City of Seal Beach Planning Commission Agenda for March 2, 2011 City Council Chambers - 7:30 p.m. PLEDGE OF ALLEGIANCE Mil I ^ w I I ELECTION OF PLANNING COMMISSION CHAIRPERSON AND VICE - CHAIRPERSON APPOINTMENT OF PLANNING COMMISSIONER TO AD HOC GENERAL PLAN /LOCAL COASTAL PROGRAM COMMITTEE 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 February 2, 2011 SCHEDULED MATTERS PUBLIC HEARING 2. Conditional Use Permit 11 -1 133 Main Street (Angelo's Italian Deli) Applicant /Owner: Angelo Marciuliano / Innominate, LLC 3 City of Seal Beach Planning Commission • Agenda of March 2, 2011 Request: For the addition of a Type 41 (On -Sale Beer &Wine) ABC license to the existing Type 20 (Off-Sale Beer and Wine). Recommendation: Per City Council recommendation, Staff is neutral on the granting of the Type 41 ABC license. The Commission may approve or deny Conditional Use Permit 11 -1 through the adoption of Planning Commission Resolution 11 -3. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT 4 1 2 3 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of March 2,2011 Chairperson Massa - Lavitt called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, March 2, 2011. The meeting was held in the City Council Chambers and began with the Salute to the Flag.' ROLL CALL Present: Chairperson Massa - Lavitt, Commissioners Bello, Cummings, Everson, and Galbreath Also Present: Department of Development Services Mark Persico, Director of Development Services Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Absent: None Mr. Persico introduced David Everson, the new Planning Commissioner for District 1. Commissioner Everson stated that he and his wife have resided on 16 Street in Old Town since 2006. ELECTION OF PLANNING COMMISSION CHAIRPERSON AND CHAIRPERSON Mr. Persico opened for nominations for Chairperson. Commissioner Bello nominated Chairperson Massa - Lavitt for Chairperson. Commissioner Galbreath seconded the motion. There being no other nominations, Mr. Persico closed nominations. MOTION by Bello; SECOND by Galbreath to appoint Chairperson Massa - Lavitt as Chairperson to the City of Seal Beach Planning Commission. MOTION CARRIED: 5 — 0 AYES: Bello, Cummings, Everson, Galbreath, and Massa - Lavitt NOES: None ABSENT: None 1 These Minutes were transcribed from audiotape of the meeting. 1 of 5 Chairperson Massa - Lavitt assumed the Chair and opened for nominations for Vice - Chairperson. Chairperson Massa - Lavitt nominated Commissioner Cummings for Vice - Chairperson. Commissioners Galbreath seconded the motion. There being no other nominations, Chairperson Massa - Lavitt closed nominations. MOTION by Bello; SECOND by Galbreath to appoint Commissioner Cummings as Chairperson to the City of Seal Beach Planning Commission. MOTION CARRIED: 5 — 0 AYES: Bello, Cummings, Everson, Galbreath, and Massa - Lavitt NOES: None ABSENT: None APPOINTMENT OF PLANNING COMMISSIONER TO AD HOC GENERAL PLAN/ LOCAL COASTAL PROGRAM COMMITTEE Mr. Persico provided a brief description of the role of the Committee, and Chairperson Massa- Lavitt then called for a representative to the Ad Hoc General Plan /Local Coastal Program (GP /LCP) Committee. Commissioner Galbreath volunteered to serve. The Commission unanimously agreed to appoint Commissioner Galbreath to the GP /LCP Committee. ORAL COMMUNICATIONS Chairperson Massa - Lavitt opened oral communications. There being no one wishing to speak, Chairperson Massa - Lavitt closed oral communications. AGENDA APPROVAL MOTION by Cummings; SECOND by Bello to approve the Agenda as presented. MOTION CARRIED: 5 — 0 AYES: Massa - Lavitt, Bello, Cummings, Everson, and Galbreath NOES: None ABSENT: None CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of February 2, 2011. 2of5 City of Seal Beach Planning Commission Meeting Minutes of March 2, 2011 Mr. Persico noted that Commissioner Everson should abstain from voting on this item, as he was not yet seated on the Commission on February 2, 2011. MOTION by Bello; SECOND by Galbreath to approve the Consent Calendar as presented. MOTION CARRIED: 4-0-1 AYES: Massa - Lavitt, Bello, Cummings, and Galbreath NOES: None ABSENT: None ABSTAIN: Everson SCHEDULED MATTERS None. PUBLIC HEARINGS 2. Conditional Use Permit 11 -1 133 Main Street (Angelo's Italian Deli) Applicant /Owner: Angelo Marciuliano / Innominate, LLC Request: For the addition of a Type 41 (On -Sale Beer &Wine) ABC license to the existing Type 20 (Off-Sale Beer and Wine). Recommendation: Per City Council recommendation, Staff is neutral on the granting of the Type 41 ABC license. The Commission may approve or deny Conditional Use Permit 11 -1 through the adoption of Planning Commission Resolution 11 -3. Staff Report Mr. Olivera delivered the staff report. He provided information on this item and noted that the applicant wishes to serve beer or wine to customers eating at the deli. He indicated that under the current Conditional Use Permit (CUP) 03 -3, Angelo's is permitted to have up to 10 seats inside the deli, but does not allow operation as a full - size restaurant. He explained that currently there is an overconcentration of ABC licenses along Main Street, and noted that Staff has presented suggestions for conditions of approval, but makes no recommendations on the final determination for Conditional Use Permit 11 -1. Commissioner Questions Commissioner Bello asked if CUP 11 -1 were approved, could this create the potential for another restaurant business moving in to this location, should Angelo's vacate. Mr. Olivera stated that as the current CUP 03 -3 is conditioned, this would not be 3of5 City of Seal Beach Planning Commission Meeting Minutes of March 2, 2011 permissible, and a new owner would have to apply for a Conditional Use Permit (CUP) for a restaurant. Chairperson Massa - Lavitt asked if a new business were to move in, would they be subject to a potential expiration date for the current ABC license. Mr. Flower explained that an ABC license is personal to the licensee, and the CUP that the City issues is what runs with the land, consequently, were a new business to move in, they would be entitled to operate under the CUP, but would have to make a separate application for their own ABC license. He noted that the new business would still be bound by the conditions of approval of the current CUP, and as conditioned under CUP 11 -1, it would be very limiting on anyone wishing to establish a full service restaurant at this location. Commissioner Galbreath questioned Condition No. 4 prohibiting the advertisement of the availability of beer for sale. Mr. Flower explained that this prevents the proliferation of large signs in store windows, but inclusion of the prohibition of this in the deli menu is antiquated language and can be stricken from this condition, should the Commission so desire. The Commission agreed that it would be preferable to delete this language. Public Hearing Chairperson Massa - Lavitt opened the public hearing. Pat Brown, representing Angelo's Deli, spoke in support of Conditional Use Permit 11 -1 stating that Angelo's is a very reputable business and Mr. Marciuliano agrees to abide by all of the conditions of approval. He stated that there are no plans to increase seating or to convert to a restaurant. There being no one else wishing to speak, Chairperson Massa - Lavitt closed the public hearing. Commissioner Comments None. MOTION by Galbreath; SECOND by Cummings to approve Conditional Use Permit 11 -1, subject to conditions, and direct Staff to return with the final Resolution 11 -3 for approval at the next scheduled meeting. MOTION CARRIED: 5 — 0 AYES: Massa - Lavitt, Bello, Cummings, Everson, and Galbreath NOES: None ABSENT: None DIRECTOR'S REPORT Mr. Persico reported on the following items: 4of5 City of Seal Beach Planning Commission Meeting Minutes of March 2, 2011 1. March 16, 2011, meeting: a. Determination of Zoning — Enclosed Patios b. Variance 10 -3 —1608 Ocean Avenue c. Update on the parking modification for Regency Center — CVS loading dock and rear lighting. 2. April 6, 2011, meeting: a. Conditional Use Permit 11 -2 —12541 Seal Beach Blvd (Rite Aid) 3. April 20, 2011, meeting: a. Proposition 84 Grant Funds for Community Pool Commissioner Cummings inquired about remediation at the former gas station site where construction of a new Rite Aid is to take place, at 12541 Seal Beach Boulevard. Mr. Persico indicated that remediation has been ongoing for several years at that location. Chairperson Massa -Lavitt inquired about the proposed new In -N -Out at the Shops at Rossmoor. Mr. Olivera provided information on the pending application. COMMISSION CONCERNS Commissioner Cummings welcomed Commissioner Everson to the Planning Commission. ADJOURNMENT Chairperson Massa -Lavitt adjourned the meeting at 8:05 p.m. Respectfully Submitted, Carmen Alvarez, Executive Assistant Planning Department APPROVAL The Commission on March 16, 2011, approved the Minutes of the Planning Commission Meeting of Wednesday, March 2, 2011. (*I . 5 of 5