HomeMy WebLinkAbout1 - PC Minutes 2011-03-021 CITY OF SEAL BEACH
2 PLANNING COMMISSION
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4 Minutes of March 2, 2011
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7 Chairperson Massa - Lavitt called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, March 2, 2011. The meeting was
9 held in the City Council Chambers and began with the Salute to the Flag.'
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11 ROLL CALL
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13 Present: Chairperson Massa - Lavitt, Commissioners BeIIo, 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
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24 Mr. Persico introduced David Everson, the new Planning Commissioner for District 1.
25 Commissioner Everson stated that he and his wife have resided on 16th Street in Old
26 Town since 2006.
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28 ELECTION OF PLANNING COMMISSION CHAIRPERSON AND CHAIRPERSON
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30 Mr. Persico opened for nominations for Chairperson.
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32 Commissioner BeIIo nominated Chairperson Massa - Lavitt for Chairperson.
33 Commissioner Galbreath seconded the motion.
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35 There being no other nominations, Mr. Persico closed nominations.
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37 MOTION by BeIIo; SECOND by Galbreath to appoint Chairperson Massa - Lavitt as
38 Chairperson to the City of Seal Beach Planning Commission.
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40 MOTION CARRIED: 5 — 0
41 AYES: Bello, Cummings, Everson, Galbreath, and Massa - Lavitt
42 NOES: None
43 ABSENT: None
1 These Minutes were transcribed from audiotape of the meeting.
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1 Chairperson Massa -Lavitt assumed the Chair and opened for nominations for Vice -
2 Chairperson.
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4 Chairperson Massa -Lavitt nominated Commissioner Cummings for Vice - Chairperson.
5 Commissioners Galbreath seconded the motion.
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7 There being no other nominations, Chairperson Massa -Lavitt closed nominations.
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9 MOTION by Bello; SECOND by Galbreath to appoint Commissioner Cummings as
10 Chairperson to the City of Seal Beach Planning Commission.
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12 MOTION CARRIED: 5 — 0
13 AYES: Bello, Cummings, Everson, Galbreath, and Massa -Lavitt
14 NOES: None
15 ABSENT: None
16
17 APPOINTMENT OF PLANNING COMMISSIONER TO AD HOC GENERAL PLAN/
18 LOCAL COASTAL PROGRAM COMMITTEE
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20 Mr. Persico provided a brief description of the role of the Committee, and Chairperson
21 Massa - Lavitt then called for a representative to the Ad Hoc General Plan /Local Coastal
22 Program (GP /LCP) Committee. Commissioner Galbreath volunteered to serve.
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24 The Commission unanimously agreed to appoint Commissioner Galbreath to the
25 GP /LCP Committee.
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27 ORAL COMMUNICATIONS
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29 Chairperson Massa -Lavitt opened oral communications.
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31 There being no one wishing to speak, Chairperson Massa - Lavitt closed oral
32 communications.
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34 AGENDA APPROVAL
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36 MOTION by Cummings; SECOND by Bello to approve the Agenda as presented.
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38 MOTION CARRIED: 5 — 0
39 AYES: Massa - Lavitt, Bello, Cummings, Everson, and Galbreath
40 NOES: None
41 ABSENT: None
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43 CONSENT CALENDAR
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45 1. Approve Planning Commission Meeting Minutes of February 2, 2011.
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City of Seal Beach Planning Commission
Meeting Minutes of March 2, 2011
1 Mr. Persico noted that Commissioner Everson should abstain from voting on this item,
2 as he was not yet seated on the Commission on February 2, 2011.
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4 MOTION by BeIIo; SECOND by Galbreath to approve the Consent Calendar as
5 presented.
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7 MOTION CARRIED: 4 — 0 —1
8 AYES: Massa- Lavitt, BeIIo, Cummings, and Galbreath
9 NOES: None
10 ABSENT: None
11 ABSTAIN: Everson
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13 SCHEDULED MATTERS
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15 None.
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17 PUBLIC HEARINGS
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19 2. Conditional Use Permit 11 -1
20 133 Main Street (Angelo's Italian Deli)
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22 Applicant/Owner: Angelo Marciuliano / Innominate, LLC
23 Request: For the addition of a Type 41 (On -Sale Beer & Wine) ABC
24 license to the existing Type 20 (Off-Sale Beer and Wine).
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26 Recommendation: Per City Council recommendation, Staff is neutral on the
27 granting of the Type 41 ABC license. The Commission may
28 approve or deny Conditional Use Permit 11 -1 through the
29 adoption of Planning Commission Resolution 11 -3.
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31 Staff Report
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33 Mr. Olivera delivered the staff report. He provided information on this item and noted
34 that the applicant wishes to serve beer or wine to customers eating at the deli. He
35 indicated that under the current Conditional Use Permit (CUP) 03 -3, Angelo's is
36 permitted to have up to 10 seats inside the deli, but does not allow operation as a full -
37 size restaurant. He explained that currently there is an overconcentration of ABC
38 licenses along Main Street, and noted that Staff has presented suggestions for
39 conditions of approval, but makes no recommendations on the final determination for
40 Conditional Use Permit 11 -1.
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42 Commissioner Questions
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44 Commissioner BeIIo asked if CUP 11 -1 were approved, could this create the potential
45 for another restaurant business moving in to this location, should Angelo's vacate. Mr.
46 Olivera stated that as the current CUP 03 -3 is conditioned, this would not be
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City of Seal Beach Planning Commission
Meeting Minutes of March 2, 2011
1 permissible, and a new owner would have to apply for a Conditional Use Permit (CUP)
2 fora restaurant.
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4 Chairperson Massa -Lavitt asked if a new business were to move in, would they be
5 subject to a potential expiration date for the current ABC license. Mr. Flower explained
6 that an ABC license is personal to the licensee, and the CUP that the City issues is
7 what runs with the land, consequently, were a new business to move in, they would be
8 entitled to operate under the CUP, but would have to make a separate application for
9 their own ABC license. He noted that the new business would still be bound by the
10 conditions of approval of the current CUP, and as conditioned under CUP 11 -1, it would
11 be very limiting on anyone wishing to establish a full service restaurant at this location.
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13 Commissioner Galbreath questioned Condition No. 4 prohibiting the advertisement of
14 the availability of beer for sale. Mr. Flower explained that this prevents the proliferation
15 of large signs in store windows, but inclusion of the prohibition of this in the deli menu is
16 antiquated language and can be stricken from this condition, should the Commission so
17 desire. The Commission agreed that it would be preferable to delete this language.
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19 Public Hearing
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21 Chairperson Massa - Lavitt opened the public hearing.
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23 Pat Brown, representing Angelo's Deli, spoke in support of Conditional Use Permit 11 -1
24 stating that Angelo's is a very reputable business and Mr. Marciuliano agrees to abide
25 by all of the conditions of approval. He stated that there are no plans to increase
26 seating or to convert to a restaurant.
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28 There being no one else wishing to speak, Chairperson Massa - Lavitt closed the public
29 hearing.
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31 Commissioner Comments
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33 None.
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35 MOTION by Galbreath; SECOND by Cummings to approve Conditional Use Permit
36 11 -1, subject to conditions, and direct Staff to return with the final Resolution 11 -3 for
37 approval at the next scheduled meeting.
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39 MOTION CARRIED: 5 — 0
40 AYES: Massa - Lavitt, Bello, Cummings, Everson, and Galbreath
41 NOES: None
42 ABSENT: None
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44 DIRECTOR'S REPORT
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46 Mr. Persico reported on the following items:
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City of Seal Beach Planning Commission
Meeting Minutes of March 2, 2011
1 1. March 16, 2011, meeting:
2 a. Determination of Zoning — Enclosed Patios
3 b. Variance 10 -3 —1608 Ocean Avenue
4 c. Update on the parking modification for Regency Center — CVS loading dock
5 and rear lighting.
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7 2. April 6, 2011, meeting:
8 a. Conditional Use Permit 11 -2 — 12541 Seal Beach Blvd (Rite Aid)
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10 3. April 20, 2011, meeting:
11 a. Proposition 84 Grant Funds for Community Pool
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13 Commissioner Cummings inquired about remediation at the former gas station site
14 where construction of a new Rite Aid is to take place, at 12541 Seal Beach Boulevard.
15 Mr. Persico indicated that remediation has been ongoing for several years at that
16 location.
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18 Chairperson Massa -Lavitt inquired about the proposed new In -N -Out at the Shops at
19 Rossmoor. Mr. Olivera provided information on the pending application.
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21 COMMISSION CONCERNS
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23 Commissioner Cummings welcomed Commissioner Everson to the Planning
24 Commission.
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26 ADJOURNMENT
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28 Chairperson Massa - Lavitt adjourned the meeting at 8:05 p.m.
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31 Respectfully Submitted,
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35 Carmen Alvarez, Executive Assisi6nt
36 Planning Department
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39 APPROVAL
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41 The Commission on approved the Minutes of the Planning Commission
42 Meeting of Wednesday, March 2, 2011.
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