HomeMy WebLinkAboutPC Min 2007-07-18
City of Seal Beach Planning Commission
Agenda for July 18,2007
7:30 p.m.
I. 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. June 2007 Building Activity Report
2. Approve Planning Commission Meeting Minutes of June 6, 2007.
3. Approve Planning Commission Meeting Minutes of June 20,2007.
4. Minor Plan Review 07-16
970 Heron Circle
Applicant/Owner:
Emerald Pools / Michael Haley
Request:
To construct a patio cover measuring 15 ft. by 11 ft. and
approximately 10ft. high, and an outdoor fireplace that
City of Seal Beach Planning Commission. Agenda of July 18, 2007
is approximately 5 ft. wide and 4 ft. deep on a raised
footing and is approximately 13 ft. in overall height
within the required rear yard setback area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-40.
5. Minor Plan Review 07-17
931 Heron Circle
Applicant/Owner: Robert G. Campbell
Request: To construct an arbor/water feature measuring 10ft.
wide by 3 ft. deep and approximately 10ft. high; a new
barbecue grill measuring 6 ft. wide by 3 ft deep by 36
in. high; and a serving counter measuring 10ft. wide by
2.5 ft. deep by 42 in. high within the required rear and
side yard setback areas.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-41.
6. Minor Plan Review 07-18
1435 Crestview Avenue
Applicant/Owner: Robert Roady
Request: To replace an existing 668 sq. ft. raised patio deck with
a new 513 sq. ft. raised patio deck located within the
required rear and side yard setback areas.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-43.
7. Minor Plan Review 07-19
979 Heron Circle
Applicant/Owner:
Mildred Showalter
Request:
To construct a palapa patio cover measuring 13 ft. by
16 ft. and approximately 10ft. high; an outdoor bar and
barbeque grill measuring approximately 9 ft. wide by
4 ft. deep; and a waterfall feature measuring
approximately 10ft. wide by 6 ft. deep, all within the
required rear and side yard setback areas.
2
City of Seal Beach Planning Commission. Agenda of July 18, 2007
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-44.
VI. SCHEDULED MATTERS
8. Request for Time Extension - Minor Plan Review 06-4, 94 Welcome Lane
9. Discussion Re: Scheduling Saturday Study Session - Zoning Code
Revisions
VII. PUBLIC HEARING
10. Height Variation 07-5
1309 Seal Way (Continued from June 20, 2007)
Applicant/Owner: Tim Francis / Steve & Tina Lis
Request: To construct a Covered Roof Access Structures
(CRAS) in excess of the 25-foot height limit.
Specifically, the applicant proposes to construct a 9-ft.
6-in. by 3-ft. 11-in. staircase enclosure to exceed the
height limit by approximately 4 ft. 8 in., where the
maximum height variation is 7 feet.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-34.
11. Height Variation 07-6
409 Ocean Avenue
Applicant/Owner: Felipe Velarde I Efren Del Rio
Request: To construct a non-habitable Covered Roof Access
Structures (CRAS) in excess of the 25-foot height limit.
Specifically, the applicant proposes to construct a 9-ft.
10-in. by 3-ft. 10-in. staircase enclosure to exceed the
7-foot height limit by 1 ft. 6 in.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-42.
12. Conditional Use Permit 07-8
131-131% Main Street (Beachwood BBQ)
Applicant/Owner:
Gabriel Gordon / Innominate, LLC
3
City of Seal Beach Planning Commission. Agenda of July 18, 2007
Request: To extend current business hours and expand the
existing restaurant area into an adjacent retail space.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-45.
VIII. STUDY SESSION
13. Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning Chapter
2.05 Residential Districts
Recommendation: Conduct Study Session by receiving Staff Report,
public comments and Commission Comments. Provide
direction to Staff regarding items.
IX. STAFF CONCERNS
X. COMMISSION CONCERNS
XI. ADJOURNMENT
To August 8,2007, at 7:30 P.M.
4
Aug 08
Aug 22
Sep 05
Sep 19
Oct 03
Oct 17
Nov 07
Nov 21
Dec 05
Dec 19
City of Seal Beach Planning Commission. Agenda of July 18, 2007
2007 Aaenda Forecast
Minor Plan Review 07-20-
Minor Plan Review 07-21 -
22 Cottonwood Lane
1445 Catalina Avenue
Minor Plan Review 07-15-
1101 Catalina Avenue
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of July 18, 2007
Vice-Chairperson Roberts called the regularly scheduled meeting of the Planning
Commission to order at 7:31 p.m. on Wednesday, July 18, 2007. The meeting was held
in the City Council-Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Vice-Chairperson Roberts, Commissioners Bello, DeLay, and Massa-Lavitt.
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Jerry Olivera, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent: Chairperson Deaton
Mr. Whittenberg noted that Chairperson Deaton would not be present at tonight's
meeting and requested a motion be made to excuse her absence.
MOTION by Bello; SECOND by Massa-Lavitt to excuse Chairperson Deaton from the
Planning Commission meeting of July 18, 2007.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Roberts, Bello, DeLay, and Massa-Lavitt
None
Deaton
Vice-Chairperson Roberts introduced Leonard DeLay, the new Planning Commissioner
for District 2, and welcomed him to the Commission.
AGENDA APPROVAL
Mr. Abbe requested that Item Nos. 2 and 3 be removed from the Consent Calendar, as
Commissioner DeLay would be abstaining from voting on these items since he was not
present at the Planning Commission (PC) meetings of June 6 and June 20, 2007. He
then confirmed for the record that Commissioner Bello had the opportunity to view the
1 These Minutes were transcribed from audiotape of the meeting.
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videotape of the meeting of June 20,2007. Commissioner Bello confirmed that she had
viewed the meeting video.
Mr. Whittenberg noted that Item No. 10, Height Variation 07-5 for 1309 Seal Way, was
continued from the meeting of June 20, 2007, but the applicants have revised their
plans substantially enough to warrant re-noticing of this application for a future public
hearing. No discussion on this item will take place tonight.
Mike Bubbe requested that Item No. 13, Study Session: Preliminary Draft - Municipal
Code, Title 11, Zoning Chapter 2.05 Residential Districts, be scheduled for a Saturday.
Steve Lis, 1309 Seal Way, stated that he is working in good faith on the height variation
for his home and on the other issues presented during public comments of June 20,
2007. He confirmed that his application would have to be re-noticed. Vice-Chairperson
Roberts confirmed that re-noticing would be required.
MOTION by Bello; SECOND by Massa-Lavitt to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Roberts, Bello, DeLay, and Massa-Lavitt
None
Deaton
ORAL COMMUNICATIONS
Vice-Chairperson Roberts opened oral communications.
There being no one wishing to speak, Vice-Chairperson Roberts closed oral
communications.
CONSENT CALENDAR
1. June 2007 Building Activity Report
4. Minor Plan Review 07-16
970 Heron Circle
Applicant/Owner:
Emerald Pools I Michael Haley
Req uest:
To construct a patio cover measuring 15 ft. by 11 ft. and
approximately 10ft. high, and an outdoor fireplace that is
approximately 5 ft. wide and 4 ft. deep on a raised footing
and is approximately 13 ft. in overall height within the
required rear yard setback area.
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City of Seal Beach Planning Commission
Meeting Minutes of July 18, 2007
1 Recommendation: Approval, subject to conditions, and adoption of Resolution
2 07-40.
3
4 5. Minor Plan Review 07-17
5 931 Heron Circle
6
7 Applicant/Owner: Robert G. Campbell
8
9 Request: To construct an arbor/water feature measuring 10ft. wide by
103ft. deep and approximately 10ft. high; a new barbecue grill
11 measuring 6 ft. wide by 3 ft deep by 36 in. high; and a
12 serving counter measuring 10ft. wide by 2.5 ft. deep by 42
13 in. high within the required rear and side yard setback areas.
14
15 Recommendation: Approval, subject to conditions, and adoption of Resolution
16 07 -41.
17
18 6. Minor Plan Review 07-18
19 1435 Crestview Avenue
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21 Applicant/Owner: Robert Roady
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23 Request: To replace an existing 668 sq. ft. raised patio deck with a
24 new 513 sq. ft. raised patio deck located within the required
25 rear and side yard setback areas.
26
27 Recommendation: Approval, subject to conditions, and adoption of Resolution
28 07-43.
29
30 7. Minor Plan Review 07-19
31 979 Heron Circle
32
33 Applicant/Owner: Mildred Showalter
34
35 Request: To construct a palapa patio cover measuring 13 ft. by 16 ft.
36 and approximately 10ft. high; an outdoor bar and barbeque
37 grill measuring approximately 9 ft. wide by 4 ft. deep; and a
38 waterfall feature measuring approximately 10ft. wide by 6 ft.
39 deep, all within the required rear and side yard setback
40 areas.
41
42 Recommendation: Approval, subject to conditions, and adoption of Resolution
43 07-44.
44
45 MOTION by Massa-Lavitt; SECOND by Bello to approve the Consent Calendar as
46 amended.
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MOTION CARRIED:
AYES:
NOES:
ABSENT:
City of Seal Beach Planning Commission
Meeting Minutes of July 18, 2007
4-0-1
Roberts, Bello, DeLay, and Massa-Lavitt
None
Deaton
Mr. Abbe advised that the adoption of Resolution Nos. 07-40, 07-41, 07-43, and 07-44
begins a 10-day calendar appeal period to the City Council. The Commission action
tonight is final and the appeal period begins tomorrow morning.
2. Approve Planning Commission Meeting Minutes of June 6,2007.
MOTION by Massa-Lavitt; SECOND by Bello to approve the Planning Commission
Meeting Minutes of June 6,2007 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Roberts, Bello, and Massa-Lavitt
None
Deaton
DeLay
3. Approve Planning Commission Meeting Minutes of June 20,2007.
MOTION by Massa-Lavitt; SECOND by Bello to approve the Planning Commission
Meeting Minutes of June 20,2007 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
SCHEDULED MATTERS
3-0-1-1
Roberts, Bello, and Massa-Lavitt
None
Deaton
DeLay
8. Request for Time Extension - Minor Plan Review 06-4, 94 Welcome Lane
Staff Report
Mr. Whittenberg 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 application was approved approximately one year ago, but the applicant
is not yet able to apply for building permits, and has requested a continuance. Staff is
recommending a one-year continuance to allow the applicant to comply with the
Conditions of Approval and to receive approval from the California Coastal Commission
(CCC).
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City of Seal Beach Planning Commission
Meeting Minutes of July 18, 2007
MOTION by Massa-Lavitt; SECOND by Bello to approve a one-year time extension for
Minor Plan Review 06-4, 94 Welcome Lane.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Roberts, Bello, DeLay, and Massa-Lavitt
None
Deaton
9. Discussion Re: Scheduling Saturday Study Session - Zoning Code Revisions
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He indicated that at the previous meeting the PC had requested
that this item be placed on the agenda for consideration. He stated that should the PC
determine to schedule a Saturday study session, Staff recommends that it be no sooner
than three weeks from now to allow for publication of notice of the meeting in the Sun
Newspaper for at least two weeks prior to the scheduled meeting date. This would
ensure a reasonable turnout for the study session. He then noted that a Saturday
session would probably not be televised, whereas the bi-monthly meetings are
videotaped for rebroadcast for those who were unable to view the live broadcast. The
Director of Development Services also added that during the summer months having a
Saturday meeting might not be as effective as having a Wednesday night meeting.
Commissioner Questions
Vice-Chairperson Roberts noted that after review of the normal agenda items the study
sessions are commencing as late as 9:30 or 10:00 p.m., and the audience is being lost
as a result. He asked how many items would be on the next PC meeting agenda. Mr.
Whittenberg stated that the August 8, 2007, agenda would have two items, and the
General Plan Amendment (GPA), Zone Change (ZC), and Negative Declaration (ND)
for the Seal Beach Townhomes project is to be scheduled for the August 22 meeting.
Commissioner Bello asked why a Saturday study session could not be videotaped. Mr.
Whittenberg explained that the SB3- TV technicians who help televise City meetings are
volunteers and arrange their schedules to accommodate these meetings, but they may
not be able to change their schedules to televise a weekend meeting.
Commissioner Massa-Lavitt suggested scheduling a meeting on an alternate
Wednesday night and devoting the entire meeting to the study session. Mr.
Whittenberg stated that although this is possible, he cannot guarantee that the SB3-TV
personnel would be available. He added that this might be more feasible than for a
Saturday meeting. Commissioner Massa-Lavitt said she agreed that attendance at a
summer Saturday meeting might not be as great as on a weekday.
Vice-Chairperson Roberts opened for public comments.
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City of Seal Beach Planning Commission
Meeting Minutes of July 18, 2007
Public Comments
Mike Bubbe requested having a Saturday meeting to provide ample time to review the
Floor Area Ratios (FARs) to gain a better understanding of this proposal. He also noted
that he would like to have Chairperson Deaton present, as she is the Planning
Commissioner for Old Town. He suggested scheduling the meeting for a Saturday in
September. Vice-Chairperson Roberts asked what the length of the meeting should be.
Mr. Bubbe stated that a 3-hour meeting would be sufficient.
Eldon Alexander agreed that the Saturday meeting be scheduled for September. He
stated he is assuming this meeting will cover only residential zoning.
Mitzi Morton suggested having a meeting with the Planning Commissioner for District 20
to review the FARs and asked if separate study sessions could be held for District 9 and
District 20 and separate Staff Reports be provided for the zoning revisions.
There being no one else wishing to speak, Vice-Chairperson Roberts closed public
comments.
Vice-Chairperson Roberts recommended continuing this discussion to the next
scheduled meeting to allow for Chairperson Deaton's input. Mr. Whittenberg agreed
that this discussion could be continued as a scheduled matter on the next meeting
agenda.
MOTION by Bello; SECOND by Roberts to continue discussion Re: Scheduling
Saturday Study Session - Zoning Code Revisions to the next scheduled meeting of
August 8,2007.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Roberts, Bello, DeLay, and Massa-Lavitt
None
Deaton
Mr. Whittenberg noted that Staff would be happy to meet individually or with a group of
people to respond to any questions on the proposed Zoning Code (ZC) revisions.
PUBLIC HEARINGS
10. Height Variation 07-5
1309 Seal Way (Continued from June 20, 2007)
Applicant/Owner:
Tim Francis I Steve & Tina Lis
Request:
To construct a Covered Roof Access Structures (CRAS) in
excess of the 25-foot height limit. Specifically, the applicant
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City of Seal Beach Planning Commission
Meeting Minutes of July 18, 2007
1 proposes to construct a 9-ft. 6-in. by 3-ft. 11-in. staircase
2 enclosure to exceed the height limit by approximately 4 ft. 8
3 in., where the maximum height variation is 7 feet.
4
5 Recommendation: Approval, subject to conditions, and adoption of Resolution
6 07 -34.
7
8 Vice-Chairperson Roberts reiterated that this item is to be continued to a future meeting
9 date after re-noticing of this public hearing application.
10
11 11. Height Variation 07-6
12 409 Ocean Avenue
13
14 Applicant/Owner: Felipe Velarde I Efren Del Rio
15
16 Request: To construct a non-habitable Covered Roof Access
17 Structures (CRAS) in excess of the 25-foot height limit.
18 Specifically, the applicant proposes to construct a 9-ft. 10-in.
19 by 3-ft. 10-in. staircase enclosure to exceed the 7-foot height
20 limit by 1 ft. 6 in.
21
22 Recommendation: Approval, subject to conditions, and adoption of Resolution
23 07-42.
24
25 Staff Report
26
27 Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the
28 Planning Department.) He provided some background information on this item and
29 noted that the applicant proposes an approximate 37-sq. ft. stairway enclosure to be
30 located approximately 10-ft. 5-in. from the front of the structure and flush with the east
31 wall of the building. He stated that based on the size and layout of the proposed
32 structure and the project's compliance with City Code, Staff is recommending approval,
33 subject to conditions. He indicated that Staff received one letter in opposition to this
34 request.
35
36 Commissioner Questions
37
38 None.
39
40
41 Public HearinQ
42
43 Vice-Chairperson Roberts opened the public hearing.
44
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Meeting Minutes of July 18, 2007
1 Mr. Whittenberg noted for the record that one letter in opposition was received from the
2 resident at 336 Ocean Avenue. Vice-Chairperson Roberts confirmed that this was the
3 same letter noted by Mr. Olivera. Mr. Olivera confirmed that it was the same.
4
5 Efren Del Rio stated that a complete remodel is to be done on this home, originally
6 constructed in 1953. He requested approval of Height Variation 07-6. Vice-
7 Chairperson Roberts asked if any consideration was given to staying within the required
8 height limit since the excess measures only 1-ft. 6 in. Mr. Del Rio stated that this was
9 considered, but due to the average person's height, this variation is needed. He noted
10 that many surrounding neighborhood homes also have Covered Roof Access Structures
11 (CRAS).
12
13 Eldon Alexander clarified whether the staircase enclosure would exceed the 25-foot
14 height limit or the 7-foot height limit, as indicated in the Staff Report. Mr. Olivera
15 confirmed that it would exceed the 25-foot height limit. Commissioner Massa-Lavitt
16 asked what the distance between the landing and the ceiling height of the enclosure
17 would be, noting that the plans indicate 5-ft. 6 in., measured from the top
18 board. Mr. Olivera stated that the 5-ft. 6 in. dimension goes below the top of the railing.
19 Mr. Whittenberg interjected that the difference in height for the railing is 1 foot. He
20 noted that the stair enclosure structure is 4 ft. 6 in. above the top of the rail and the
21 plans show the top of the rail being 22 feet above grade level, for a total height of 26 ft.
22 6 in., which is 1-ft. 6 in. above the 25-ft. height limit. Mr. Olivera stated that it appears
23 that the measurement from the top of the CRAS to the floor of the roof deck is
24 approximately 9.5 feet. Commissioner Massa-Lavitt noted that there appears to be
25 room for some adjustment.
26
27 Joyce Parque spoke in favor of this project noting that the roof deck staircase will be on
28 the interior of the home. She stated that the remodel will be beautiful and then
29 reminded the PC of "select enforcement and select approval" noting that there are many
30 other homes in this area that have been granted Height Variations. She recommended
31 approval.
32
33 Phil Viljoen, 411 Ocean Avenue, stated that lives next door to 409 Ocean Avenue and is
34 concerned about the proposed fireplace on the roof. He asked if this is a wood burning
35 fireplace, does it face the beach, and will fire suppression be used in conjunction with
36 the fireplace, as it is windy every day. He asked why the home was to exceed the
37 7 -foot height limit. Mr. Olivera explained that although a CRAS may exceed the 25-ft.
38 height limit by up to 7 feet, this project would exceed the 25-ft. height limit by only 1 ft. 6
39 in.
40
41 Barbara Barton stated that she lives near 411 Ocean Avenue, which was newly
42 remodeled, and she does not understand why every remodel has to be higher than the
43 original structure. She recommended denial of Height Variation 07-6.
44
45 Mike Bubbe, 412 Central Way, stated that because this home does not have a pitched
46 roof, the walls of the remodel go up higher than the original home and this creates a
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Meeting Minutes of July 18, 2007
1 greater mass. He encouraged the applicant to have the CRAS fall within the 25-foot
2 height limit.
3
4 There being no one else wishing to speak, Vice-Chairperson Roberts closed the public
5 hearing.
6
7 Commissioner Comments
8
9 Commissioner Massa-Lavitt stated that without clarification of the actual interior height
10 of the stairway enclosure, she cannot make a determination on this item. She indicated
11 in light of the size of the CRAS, would it be possible to face the outside of the structure
12 with the same brick used for the fireplace. She said she believes exterior stairways are
13 more appropriate, as there seems to be considerable concern within the community
14 regarding the size and location of CRAS and recently the elevator enclosures. She
15 stated that having an exterior stairway is a way to avoid the excess height, and she
16 believes this project should be held to 25 feet.
17
18 Commissioner Bello stated that she is also concerned about CRAS and it appears that
19 surrounding residents are also very concerned. She said that without further
20 information she would recommend restricting this project to the 25-foot height limit.
21
22 Mr. Whittenberg noted that with regard to facing the CRAS with brick, this would work
23 for the front elevation facing Ocean Avenue, but the sides would not match the stucco
24 walls for the side elevations. He recommended approval with the condition that the
25 interior ceiling height of the CRAS be limited to the minimum height necessary to meet
26 Building Code (BC) requirements.
27
28 Mr. Olivera noted that in looking at the plans, it appears that the measurement from the
29 floor of the roof deck to the very top of the CRAS is approximately 8 feet, with the door
30 probably measuring within the 6-ft. 8-in. range, which would be the minimum door
31 height opening per BC. Mr. Whittenberg added that the minimum ceiling height
32 according to BC is 7 ft. Commissioner Massa-Lavitt stated that there are ways to
33 decrease the height.
34
35 Vice-Chairperson Roberts stated that he believes Staff has presented a reasonable
36 compromise and he would support a condition stating that approval would be subject to
37 the minimum BC height requirement for the door and over structure, which would
38 hopefully fall within the 25-ft. height limit.
39
40 Commissioner Bello asked if there were any way to wait until the actual revisions are
41 presented. Mr. Whittenberg stated that this item could be continued to the next
42 scheduled meeting. Vice-Chairperson Roberts stated that it appears that it is becoming
43 too convenient to postpone these applications. He indicated that the PC should make a
44 decision predicated on current City Code recognizing that future standards may change.
45
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City of Seal Beach Planning Commission
Meeting Minutes of July 18, 2007
MOTION by Roberts; SECOND by DeLay to approve the Height Variation 07-6, subject
to conditions and subject to the Building Code minimum ceiling height to accommodate
the proposed Covered Roof Access Structure, and adopt Resolution 07-42 as
presented.
MOTION FAILED:
AYES:
NOES:
ABSENT:
2-2-1
Roberts and DeLay
Bello and Massa-Lavitt
Deaton
Motion fails due to a tied vote. Mr. Whittenberg noted that another motion could be
made to gain a majority vote, or the matter could be continued to the next meeting.
MOTION by Massa-Lavitt; SECOND by Bello to continue Height Variation 07-6 to the
next scheduled meeting of August 8, 2007.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Roberts, Bello, Delay, and Massa-Lavitt
None
Deaton
Mr. Abbe advised that for noticing purposes the public hearing should be re-opened.
Vice-Chairperson Roberts re-opened the public hearing.
Mr. Whittenberg advised that notice of the hearing for August 8, 2007, would not be
circulated or published.
12. Conditional Use Permit 07-8
131-131% Main Street (Beachwood BBQ)
Applicant/Owner: Gabriel Gordon / Innominate, LLC
Request: To extend current business hours and expand the existing
restaurant area into an adjacent retail space.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-45.
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 the original business was established in December 2006, and has been
operating under the conditions of the previous Conditional Use Permit (CUP) 89-5 for
the premises issued to Don Juan's Taco House in 1989. He indicated that Lt. Tim
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City of Seal Beach Planning Commission
Meeting Minutes of July 18, 2007
1 Olson of the Seal Beach Police Dept. (SBPD) has reported that they have had no calls
2 for service regarding operation of this business and have no objections to this
3 application. Staff has received no comments in response to the public notice and
4 recommends approval, subject to conditions.
5
6 Mr. Whittenberg noted that Staff has provided to the PC modifications to some of the
7 language regarding the number of off-street parking spaces. He explained that instead
8 of 9 spaces, the business is short 6 off-street spaces, which means that they would
9 have to provide these parking spaces within 300 feet of the property, or pay for these
10 spaces through the in-lieu parking program.
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12 Commissioner Questions
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14 None.
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16 Public HearinQ
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18 Vice-Chairperson Roberts opened the public hearing.
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20 Gabriel Gordon, the chef/owner of Beachwood BBQ, provided a brief PowerPoint
21 presentation on the concept for the restaurant, noting that the business is growing
22 rapidly and has developed a regular clientele both within Seal Beach and from
23 surrounding communities. He stated that Beachwood has revitalized what was formerly
24 considered a "dead space" on Main Street and also provides a greater customer base
25 for surrounding merchants. He noted that Beachwood has contributed in other ways by
26 providing food service for community events at McGaugh School, the Seal Beach Police
27 Department, local churches, Lions Clubs, surrounding high schools, and for the Seal
28 Beach Chamber Concert Series. He indicated that the growth Beachwood has
29 experienced has made it necessary to expand. Mr. Gordon then stated that although he
30 recognizes the City's request for increased parking, he respectfully disagrees with the
31 practicality of requiring 6 parking spaces, as more than two-thirds of their business
32 occurs in the evening when the majority of surrounding businesses are closed, and
33 during the peak summer season there are usually no less than 6-7 available spaces at
34 any given time in the shared parking lot. He then displayed photographs of the
35 restaurant during its peak hours and the coinciding state of the parking lot during these
36 peak times, to demonstrate that there has been sufficient parking. Mr. Gordon then
37 indicated that of the additional 750 sq. ft. into which the restaurant will expand, only 250
38 sq. ft. is to be used for customers, with the rest to be used for storage, dishes, an
39 employee changing room, handicapped restrooms and office space. He noted that with
40 the exception of the office, all of these spaces have minimum square footage
41 requirements. He requested that he not be required to provide parking for the storage
42 and employee/kitchen use square footage, as the cost for the additional parking may
43 preclude continuing with the expansion, without which the restaurant would not
44 generate the required revenue to maintain long term stability. Vice-Chairperson
45 Roberts inquired about the request to extend the hours of operation to 7:00 a.m. to
46 10:00 p.m. Sunday-Thursday and until 11 :00 p.m. on Friday, Saturday and holidays.
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1 Mr. Gordon stated that in order to compete with other restaurants, it is important to have
2 the evening hours extended. He noted that currently customers arriving after 8:00 will
3 have a 1-1% wait, so the current closing time of 9:00 does not accommodate these
4 diners. He indicated that he prefers not to open for breakfast, but the 7:00 a.m. opening
5 time might accommodate the occasional breakfast meeting. Vice-Chairperson Roberts
6 asked if recorded music is played inside the restaurant. Mr. Gordon stated that low
7 volume music is played via two small speakers
8
9 Seth Ecker of the Seal Beach Chamber of Commerce (SBCC) and resident of Old Town
10 spoke in favor of Beachwood BBQ stating the business is efficiently run, and agreed
11 that parking is not only adequate, but is perhaps in excess. He stated that the SBCC
12 supports growing business in Seal Beach and noted that an expanding business will
13 help increase revenues to the City and increase the quality of life for other businesses
14 and for residents.
15
16 Mike Garrison, owner of the property at 127-135 Main Street, spoke in favor of CUP
17 07 -8, commending Mr. Gordon for his investment and management of Beachwood
18 BBQ. He stated that with the expansion, this business will become more viable. He
19 also noted that most of the patrons to Beachwood are walk-ins and parking has never
20 been a problem.
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22 Woody Woodruff, 139 Main Street, stated that Seal Beach needs unique places like
23 Angelo's Deli and Beachwood BBa and thanked Mr. Garrison for bringing in these
24 businesses. He indicated that Beachwood has been a great neighbor and encouraged
25 approval of CUP 07-8.
26
27 Debbie Hewlett of Buena Park stated that she has visited Seal Beach at least once a
28 week for over 25 years and now dines at Beachwood BBQ, as they have excellent food
29 and service. She said that parking is only a problem if you park on Main Street,
30 particularly during the summer months, but there is always plenty of parking in the lot
31 behind the restaurant. She recommended approval.
32
33 Jim Wakefield, Electric Avenue, thanked the Planning Commission (PC) for their service
34 to the community. He recommended approval of CUP 07-8 and asked that the parking
35 requirement be waived, as there are not that many good restaurants in Seal Beach
36 where a chef makes quality food and works hard to make sure each of his customers is
37 happy, as the owner of Beachwood BBa does. He said he usually walks to the
38 restaurant and most of the other customers are also residents of Old Town.
39
40 Tim Hewlett stated that it is important to bring new businesses into town, and
41 Beachwood BBQ is a great asset to Seal Beach. He said that when visiting Beachwood
42 parking has never been an issue and he noted that most of the patrons are walk-ins.
43 He recommended approval.
44
45 Michael Vilion of Long Beach stated that he regularly dines at Beachwood BBQ, but
46 sometimes is not able to get away from work until after 8:00 and is then subject to a
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1 wait. He said the food is "spectacular" and he believes the restaurant have the
2 capability to serve more people and to extend its hours of operation. He said he was
3 not aware of the rear parking lot and has always parked on the street with never any
4 problems finding a space. He recommended approval of CUP 07-8 and a waiver of the
5 additional parking requirements.
6
7 Julian Schrego spoke in favor of CUP 07-8. He concurred with all the public comments
8 noting that this is really becoming a destination eatery. He stated that he drives from
9 Garden Grove at least once a week to dine at Beachwood and noted that this business
10 has become a great asset to Seal Beach.
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12 Alex Prosak, Electric Avenue, stated that he regularly walks to Beachwood BBQ for
13 dinner and always sees his neighbors dining there. He said this has been a great
14 addition to the restaurants in town and the only problem he has ever had with alcohol
15 sales on Main Street is when the Navy ships are in. He recommended approval.
16
17 Diane Copeland of Long Beach urged waiving the parking requirement noting that this is
18 a great business, but needs revenues to expand. She emphasized that Beachwood
19 BBQ has been a wonderful addition to the community.
20
21 Kevin Gaffney stated that he dines at Beachwood once a week and it is a nice place to
22 meet people. He said the food is fantastic and there is a welcoming atmosphere. He
23 recommended approval.
24
25 Don Buckley, ih Street, stated that he walks over to Beachwood at least once a week to
26 dine. He commended Mr. Gordon for operating his restaurant as though you were
27 coming into his home, and it is evident that he takes great pride in his business. He
28 encouraged approval.
29
30 Brennan Gough, Seal Way, stated that his family has operated Koi Restaurant on
31 Pacific Coast Highway (PCH) for over 20 years. He said he has been very impressed
32 with Mr. Gordon's culinary skills and recommended approval of CUP 07-8 with waiver of
33 the additional required parking.
34
35 Steven Miles of Irvine stated that there is nothing like this in Irvine and he frequently
36 dines at Beachwood BBQ. He recommended approval of CUP 07-8 to allow this
37 business to expand and also encouraged that an equitable position be taken with regard
38 to the additional parking requirements noting that 250 sq. ft. of additional dining area is
39 not going to generate any additional parking demand,
40
41 Fabian Kravitz, Electric Avenue, said that he frequently walks to Beachwood BBQ to
42 dine and recommended approval.
43
44 Eldon Alexander stated that he was not aware that there was a parking lot behind the
45 restaurant and recommended that a sign be erected directing patrons to this parking
46 area. He commented that he does not believe there is a parking problem in Old Town,
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1 only a problem with "convenient" parking. He noted that he has ordered take out from
2 Beachwood, and it only took about 5 minutes to receive his order.
3
4 Nina Vefai spoke in favor of approval of CUP 07-8 noting that she works on Main Street
5 and has been impressed by the Gordon's willingness to get involved with the
6 community. She noted that there are a number of vacant properties on Main Street and
7 stated it is important to support businesses such as Beachwood BBQ.
8
9 Glen Sowata, 1213 Electric Avenue, stated that he is a regular patron of Beachwood
10 BBQ and has gotten to know many other member of the community as a result. He said
11 he has nothing but positive comments about this restaurant and recommends approval
12 of CUP 07-8.
13
14 Norm Pearlman said he is Mr. Gordon's father-in-law and has invested in Beachwood
15 BBQ. He spoke highly of Mr. Gordon's expertise as a chef and his business acumen.
16 He stated that the restaurant is doing well and is making money, but the cost for the
17 in-lieu parking would make it difficult to complete the expansion. He requested that
18 these fees be waived.
19
20 There being no one else wishing to speak, Vice-Chairperson Roberts closed the public
21 hearing.
22
23 Mr. Abbe proceeded to explain the legal principals involved with the issue of parking
24 fees. He stated that the Conditional Use Permit (CUP) request before the Planning
25 Commission tonight is for the extension of business hours in a restaurant and the
26 expansion of the restaurant area. He noted that in order to approve a CUP the PC must
27 make two findings:
28
29 1. Approving the CUP would be consistent with the General Plan (GP)
30 2. The use would be compatible with the surrounding neighborhood
31
32 He indicated if the PC cannot make both of these findings, it has the authority to impose
33 additional conditions to ensure that it does meet them. He proceeded to explain that all
34 businesses within the City are required to provide parking, with three exceptions, as
35 follows:
36
37 1. If it is a very old legal nonconforming business, it may not have to comply with
38 current parking requirements.
39 2. It has an in-lieu parking agreement to provide parking off-site.
40 3. It is within the Main Street Specific Plan (MSSP) Zone and the City provides a
41 special exemption that allows a business owner to pay a fee instead of providing
42 the required parking.
43
44 He noted that one of the City's functions is to ensure that any impacts from a business
45 are mitigated, including traffic impacts. He said the City has established an in-lieu
46 parking program establishing the number of spaces required for businesses that wish to
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1 take advantage of this exemption and do not wish to provide the number of required on-
2 site spaces. He indicated that the mechanism for the PC to deviate from the
3 requirements of the in-lieu parking program would be a Variance, which would have to
4 be duly noticed and the findings would have to be made for granting a Variance, as
5 indicated in the Zoning Code. He emphasized that tonight the PC has the authority to
6 approve this project subject to conditions, but it cannot reduce the parking requirement
7 as the Commission does not have the authority to do this.
8
9 Mr. Whittenberg added that with regard to the comments of having to provide parking
10 for "noncustomer use areas," the City parking standards for all businesses are based
11 upon the gross area of the building, including employee lounge areas, restrooms, food
12 storage areas, etc. He noted that employees do use these areas and each business
13 must have parking for its employees. He indicated that Seal Beach parking standards
14 are generally comparable to what other cities would require for these types of uses.
15 With regard to the amount for in-lieu parking fees, which was established in the Main
16 Street Specific Plan (MSSP) and within the zoning for the Main Street area, this was
17 determined a number of years ago by City Council (CC), who agreed to impose a fee of
18 $3,500 per space; an amount determined to be approximately half the amount of what
19 the City felt would be the actual cost to a business owner to pay for land to develop
20 parking spaces. He noted that the City has provided an advantage to business owners
21 to participate in the in-lieu parking program by consciously determining not to charge
22 the full amount. He stated that the PC has no authority to change this fee nor does it
23 have the authority this evening to consider reducing the required number of spaces. He
24 noted that Staff does have the discretion to arrange a payments plan for payment of
25 parking in-lieu fees.
26
27 Mr. Abbe added that the City did commission a fee study to determine what the impact
28 would be from each deficient parking space, which was $7,000 per space. CC
29 determined that half of this amount would be adequate. He noted that the old program
30 actually provided for an annual fee.
31
32 Commissioner Comments
33
34 Commissioner Massa-Lavitt stated that she is inclined to approve CUP 07-8. She said
35 this sounds like a great business and she supports new business on Main Street. She
36 noted that she hoped there would be flexibility for payment of the $21,000 total fee for 6
37 parking spaces.
38
39 Commissioner Bello stated that she is also in favor of approval. She said she was very
40 impressed with the website for Beachwood BBQ and with the menu.
41
42 Commissioner DeLay stated that he is in favor of helping the owners of Beachwood
43 BBQ succeed.
44
45 Commissioner Roberts stated that with regard to in-lieu parking, during his tenure on
46 the Planning Commission (PC) it has been consistent. He noted that he is sympathetic
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City of Seal Beach Planning Commission
Meeting Minutes of July 18, 2007
to the issue of in-lieu parking fees, and is not certain what the City does with this
money. Mr. Abbe explained that the City spends over $300,000 on off-Main Street
parking lot improvements and signage, $62,500 for operating the parking meters in the
Main Street area (including the beach lots), and approximately $1,600 for 8th and 10th
Street parking lots striping. He noted that the total collection of in-lieu fees comes to
less than the total of these expenditure amounts. Commissioner Roberts stated that he
would vote to approve CUP 07-8 and indicated that hopefully a manageable payment
schedule could be arranged.
Mr. Whittenberg noted that the motion could include the condition to provide a sign
indicating that parking is available behind the restaurant building.
MOTION by Massa-Lavitt; SECOND by Bello to approve Conditional Use Permit 07-8,
subject to conditions, and adopt Resolution 07-45 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Roberts, Bello, DeLay, and Massa-Lavitt
None
Deaton
Mr. Abbe advised that the adoption of Resolution No. 07-45 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
At 9:10 p.m. Vice-Chairperson Roberts called for a 5-minute recess.
The meeting reconvened at 9:15 p.m.
STUDY SESSION
13. Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning Chapter 2.05
Residential Districts
Recommendation: Conduct Study Session by receiving Staff Report, public
comments and Commission Comments. Provide direction to
Staff regarding items.
Vice-Chairperson Roberts commented that beginning the study sessions at 9:00 p.m. or
later is not getting the desired participation from the community and this must be
remedied. He then indicated that there may be concern from residents of Old Town
over Chairperson Deaton's absence from the last study session. He stated that he had
spoken to her and she had expressed her strong desire that the process continue
during her absence and noted that she would be participating again in the near future.
Vice-Chairperson Roberts then indicated that tonight Staff would be conducting a
discussion on daylight planes and building stepbacks at the 14 and 21-foot level and he
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1 noted that the PC would be very limited in providing direction to Staff, as this is
2 principally an informational presentation. He encouraged public comments from the
3 audience.
4
5 Mitzi Morton stated that many people in town do not know that the PC is conducting
6 these study sessions and asked if there were some way of getting more newspaper
7 coverage. Vice-Chairperson Roberts noted that perhaps Ms. Morton's comments
8 tonight would encourage more coverage.
9
10 Staff Report
11
12 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
13 Planning Department.) He stated that he would begin by presenting the concept of
14 daylight planes and then open for comments, then follow with a discussion of the
15 stepback issue. He noted that Floor Area Ratios (FARs) would not be discussed until
16 Chairperson Deaton is able to be present. Mr. Whittenberg explained that daylight
17 planes are one mechanism that attempts to address concerns regarding the mass and
18 bulk of buildings, but does not address the size or square footage of a building, as FARs
19 would address this. He indicated that the daylight plane addresses the use of roof
20 styles in reducing the height of walls adjacent to side and rear yard property lines. Vice-
21 Chairperson Roberts confirmed that these standards would be applicable to both the 9
22 and 20 zones. Mr. Whittenberg confirmed that these would apply to the RLD-9 (College
23 Park East/West and The Hill), RMD-18 (Old Ranch Country Club and Rossmoor
24 Townhomes) , and RHD-20 (Old Town) Zones. With regard to the request for three
25 dimensional renderings, Mr. Whittenberg reported that inquiries yielded the response
26 from architects that these renderings could be done at a cost of approximately $3,000
27 per drawing, so Staff proceeded to research zoning ordinances for cities using daylight
28 planes and was able to find the information needed. He then proceeded to provide a
29 PowerPoint presentation of examples of the use of daylight plane provisions noting that
30 they prevent the construction of homes with solid 25-foot high walls for the entire length
31 of a lot by creating a plane that moves toward the center of the property and moves the
32 building walls further away from the rear and side setback areas. He presented several
33 examples of homes and the use of daylight planes accompanied by a description of the
34 design features used to accommodate this. (Presentation is on file for inspection in the
35 Planning Department.) He explained that when presenting the initial preliminary draft,
36 some of the comments from the architects expressed concern that the proposed heights
37 were not high enough to accommodate what is generally being constructed in town
38 today. He indicated that for each of the City's proposed districts Staff had pulled 5
39 different plans for homes and has overlaid the current daylight planes for these homes
40 over what Staff proposes. He noted that a summary table of information for each set of
41 plans was prepared listing information on the construction of the home. Mr.
42 Whittenberg explained that ceiling heights of homes have increased from 7 feet in the
43 mid 1950's to 7-8 foot in the late 1950's early 60's, and today it is not uncommon to see
44 ceiling heights of up to 8-9 feet, particularly in 2-story homes, which ultimately increases
45 the overall height of a home. He noted that daylight planes can measure 8.5 feet from
46 the ground, as measured from the single-story portion of a structure, and up to 14 feet
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1 from the ground for 2-story homes, with the measurement taken from the building line
2 through the eave up to where it intersects with the roof line. He continued presenting
3 more examples on the use of daylight planes.
4
5 Commissioner Questions
6
7 Commissioner Massa-Lavitt stated that she believes that daylight planes are an
8 excellent approach to creating diversity in architectural style and the use of roof styles.
9 She indicted that this provides a great opportunity for the community to take advantage
10 of what this means. She commended Mr. Whittenberg on the work done on the
11 presentation and in making the information easy to understand.
12
13 Vice-Chairperson Roberts agreed that the use of daylight planes is worthy of
14 consideration as a component of the zoning ordinance. He expressed his concern with
15 opening the way for more Variances to exceed the height limit. He then opened for
16 public comments.
17
18 Public Comments
19
20 Melinda Howell commended Staff and the PC on a job well done. She asked how the
21 Director of Development Services had determined what the proposed daylight planes
22 would be, as from the examples the daylight planes appear to be fairly large and she
23 does not see how this would allow for sunlight. Mr. Whittenberg explained that for a
24 2-story home in Old Town with 3-foot setbacks there will be no room for sunlight, unless
25 the sun is directly overhead. He emphasized that under today's standards on a 25-foot
26 wide lot a home can be constructed with a 25-foot high wall the entire length of the
27 property. He indicated that the proposed daylight planes were determined based upon
28 recommendations from the consulting architects. Vice-Chairperson Roberts asked
29 about other cities that use the daylight plane. Mr. Whittenberg stated that the city with
30 the most extensive regulations is Coronado, and Huntington Beach, Newport Beach,
31 and several cities on the Palos Verdes peninsula also use daylight planes. He indicated
32 that much of the information used to prepare the presentation came from the City of
33 Austin, Texas, and noted that many cities now use daylight planes to deal with the mass
34 and bulk of homes.
35
36 Eldon Alexander noted that many of the older buildings in Old Town have crawl spaces
37 underneath the first floor that can add 1-1% feet to the height of a home. He asked
38 whether Staff had completed preliminary calculations on what daylight plane setbacks
39 would be for some of the properties in Old Town. Mr. Whittenberg explained that the
40 daylight plane is one issue, but Staff is also proposing stepbacks for the front of the
41 property and along the sides when you have walls above certain heights.
42
43 Mike Bubbe stated that using daylight planes provides a great way to look at the issue
44 of sunlight and privacy. He said he was wary of exceptions to the daylight plane and
45 recommended requiring lesser daylight planes for homes in Old Town, as the lots are
46 smaller. He noted that measuring the daylight plane up to the maximum height of the
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City of Seal Beach Planning Commission
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wall rather than to the roof overhang could present a problem if someone decided they
wanted a longer roof overhang. He then asked for the names of the architects providing
assistance to Staff.
Warren Morton asked if a maximum height for the daylight plane would be established
for different size lots. Mr. Whittenberg stated that one standard is proposed for the
RLD-9 Zone and a different standard for the RHD-20 Zone.
There being no one else wishing to speak, Vice-Chairperson closed public comments.
Mr. Whittenberg noted that Staff intends to schedule another study session on
residential districts to continue to work through stepback issues and open space, etc.
He indicated that depending upon Chairperson Deaton's ability to attend, Staff may
review FARs. He added that notice of future study sessions would be published in the
Sun Newspaper.
STAFF CONCERNS
Mr. Abbe indicated that he has accepted an offer to transfer to the San Francisco office
for Richards, Watson, Gershon and he would then no longer serve as the Assistant City
Attorney for the City of Seal Beach. He noted that he would be transitioning to his new
location and would continue to assist the City through the end of the zoning ordinance
study sessions and hearings. He stated that Steven Flowers would be taking over his
duties as Assistant City Attorney at a future date.
COMMISSION CONCERNS
None.
ADJOURNMENT
Vice-Chairperson Roberts adjourned the meeting at 10:20 p.m.
Respectfully Submitted,
~~k~'~ C)S:u.~~
Carmen Alvarez, Execu.tive Secr&tary
Planning Department
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1 APPROVAL
2
3 The Commission on August 22, 2007, approved the Minutes of the Planning
4 Commission Meeting of Wednesday, July 18, 2007. C'-<'A .
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