HomeMy WebLinkAboutPC Min 2007-09-05
City of Seal Beach Planning Commission
Agenda for September 5, 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. Approve Planning Commission Meeting Minutes of August 8,2007.
2. Approve Planning Commission Meeting Minutes of August 22,2007.
3. Minor Plan Review 07-22
460 Electric Avenue
Applicant/Owner:
Dean Willis
Request:
To construct 92-sq. ft. wood frame storage shed within
the required side-yard setback area.
City of Seal Beach Planning Commission. Agenda of September 5, 2007
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-48.
VI. SCHEDULED MATTERS.
4. Discussion Re: Scheduling Saturday Study Session - Zoning Code
Revisions
VII. PUBLIC HEARING
5. Conditional Use Permit 07-9
Variance 07-3
12101 Seal Beach Boulevard (Farmers & Merchants Bank)
Applicant/Owner: Leslie Gentile, Fernald, Inc. / Rossmoor Shops, LLC
Request: To permit a drive-up teller window and overhead
canopy within the required rear setback area at a
proposed newlfinancial institution.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-49 and 07-50, respectively.
6. Variance 07-4
1790 Apollo Court (Dadvar Group Corporation)
Applicant/Owner: Dadvar Group Corporation / OMP Seal Beach, LLC
Request: To allow installation of grain silos for foodstuffs in an
existing structure to facilitate the manufacture of dry
pasta. The silos will be located within an enclosed
structure that will have an overall height of
approximately 51 ft. 0 inches. The maximum allowable
height for structures within the Boeing Specific Plan
Area is 40 ft. 0 inches.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-52.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
To September 19, 2007, at 7:30 P.M.
2
Sep 19
Oct 03
Oct 17
Nov 07
Nov 21
Dec 05
Dec 19
City of Seal Beach Planning Commission . Agenda of September 5, 2007
2007 AQenda Forecast
Conditional Use Permit 07-11
Minor Plan Review 07-23
Minor Plan Review 07-24
Minor Plan Review 07-25
- 12430 Seal Beach Blvd.
- 915 Heron Circle
- 983 Heron Circle
- 944 Heron Circle
Conditional Use Permit 07-10 - 1000 Pacific Coast Hwy.
Study Session: Preliminary Draft - Zoning Code
Study Session: Preliminary Draft - Zoning Code
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of September 5,2007
Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, September 5, 2007. The meeting
was held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Deaton, Commissioners Bello, Delay, Massa-Lavitt, and
Roberts.
Also
Present: Department of Development Services
lee Whittenberg, Director of Development Services
Jerry Olivera, Senior Planner
Steve Flower, Assistant City Attorney
Absent: None
AGENDA APPROVAL
Mr. Whittenberg requested that Item Nos. 1 and 2 be removed from the Consent
Calendar for separate action. He then noted for the public that Staff had circulated
public notice for Zone Change 06-2 and General Plan Amendment (GPA) 06-2 for the
Accurate Metals project; however, the applicant has requested that this item be tabled
until further notice. He indicated that this item will be re-noticed and re-published in the
newspaper prior to the public hearing.
MOTION by Bello; SECOND by Roberts to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt and Roberts
None
None
ORAL COMMUNICATIONS
Chairperson Deaton opened oral communications.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of September 5, 2007
Linda Kruger stated that her home is located on 8th Street behind the Jack-In-the Box
restaurant and that she has previously presented her concerns regarding the relocation
of the trash dumpster at this location. She again commented that after the restrooms
have been closed customers will use her back yard and she does not feel that she
should have this mess to clean up. She recommended that the restaurant be required
to keep the restrooms open until closing time. Ms. Kruger stated that Jack-In-the Box
should not be allowed to reopen until all of the issues she has shared have been
resolved.
There being no one else wishing to speak, Chairperson Deaton closed oral
communications.
CONSENT CALENDAR
3. Minor Plan Review 07-22
460 Electric Avenue
Applicant/Owner: Dean Willis
Request: To construct 92-sq. ft. wood frame storage shed within the
required side-yard setback area.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-48.
MOTION by Roberts; SECOND by Massa-Lavitt to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt and Roberts
None
None
Mr. Flower advised that the adoption of Resolution No. 07-48 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
1. Approve Planning Commission Meeting Minutes of August 8, 2007.
MOTION by Roberts; SECOND by Bello to approve the Planning Commission Meeting
Minutes of August 8,2007, as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-0-1
Bello, DeLay, Massa-Lavitt and Roberts
None
None
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City of Seal Beach Planning Commission
Meeting Minutes of September 5, 2007
ABSTAIN:
Deaton
2. Approve Planning Commission Meeting Minutes of August 22, 2007.
MOTION by Roberts; SECOND by Bello to approve the Planning Commission Meeting
Minutes of August 22,2007, as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-0-2
Bello, Delay, and Roberts
None
None
Deaton and Massa-Lavitt
SCHEDULED MATTERS
4. Discussion Re: Scheduling Saturday Study Session - Zoning Code Revisions
Staff Report
Mr. Whittenberg noted that this item had originally appeared on the July 18, 2007,
meeting agenda; however, due to the lack of a full Commission since that date, there
has been no discussion on this issue. He explained that this request was presented
during the study sessions for the Zoning Code (ZC) provisions, particularly focused on
the residential standards. He indicated that the primary concern is whether SBTV-3
staff would be available on a Saturday to televise the meetings, as the staff is made up
of volunteers who make themselves available based upon their work and personal
schedules. He noted that the Commission had discussed scheduling a study session
on an alternate Wednesday evening. Chairperson Deaton suggested that for those
Planning Commission (PC) meetings in which a study session is scheduled, the study
session should appear as the first item on the agenda so that members of the public
having to leave by 8:30 or 9:00 p.m. would be able to participant. She then requested
comments from the Commission.
Commissioner Roberts stated that he favored scheduling a meeting on an alternate
Wednesday evening with the time dedicated solely to the study session. He noted that
conducting the study session first at a regular meeting would create an inconvenience
for applicants awaiting their public hearing.
Commissioner Bello concurred with Commissioner Roberts' recommendation to
scheduling a meeting on an alternate Wednesday, rather than a Saturday.
Chairperson Deaton asked how many other meetings are to be scheduled. Mr.
Whittenberg stated that based upon what has been done in the past, if a meeting to
discuss residential standards were scheduled for Wednesday, October 10th, with a
focused discussion of FARs and daylight planes, this would complete the residential
study sessions. He then indicated that the remaining items for non-residential
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Meeting Minutes of September 5, 2007
1 standards could be done in 2-3 sessions at the end of a regular meeting. Chairperson
2 Deaton stated that she would like to see more citizen participation in the non-residential
3 study sessions, so perhaps another alternate Wednesday meeting would accommodate
4 this.
5
6 Commissioner Massa-Lavitt stated that she would prefer to not meet on a Saturday and
7 also favors an alternate Wednesday option for both the residential and non-residential.
8
9 Commissioner Bello stated that perhaps the study session for non-residential could be
10 scheduled first on the agenda as Chairperson Deaton has suggested.
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12 Mr. Whittenberg explained that conducting the study session at the beginning of a
13 regular meeting would entail telling the public hearing applicants to arrive at a later time,
14 and if the study session is completed before this time, this would leave the Commission
15 waiting until the arrival of the applicants in order to proceed with the public hearings.
16 Chairperson Deaton stated that she understands, but she feels that it is not fair to
17 always put the residents last. Mr. Whittenberg noted that during the joint study sessions
18 with City Council approximately 85 percent of the comments were focused on the
19 proposed residential standards. He suggested that the Planning Commission (PC)
20 continue by scheduling the non-residential study sessions at the end of the September
21 19th and October 3rd meetings in an attempt to complete the process by October 1 ih.
22
23 Commissioner DeLay favored scheduling a meeting on Wednesday, October 10th, as
24 this would be more convenient.
25
26 Public Comments
27
28 Chairperson Deaton opened for public comments.
29
30 Mike Bubbe stated the advantage of conducting a Saturday meeting is that it would
31 allow people that are unable to attend a week night meeting to participate during a
32 weekend meeting. Commissioner Roberts asked how Mr. Bubbe differentiates a
33 Saturday study session and a public hearing. Mr. Bubbe said he sees them as the
34 same, and wants to provide people the opportunity for dialogue. Chairperson Deaton
35 clarified that a public hearing would be a formal meeting with time limits set for speakers
36 and a study session would be informal with more opportunity for dialogue. Mr. Bubbe
37 said he would then favor a study session. Chairperson Deaton asked how Mr. Bubbe
38 would feel about the meeting not being videotaped. Mr. Bubbe asked if it were possible
39 to have the City Clerk record the dialogue. Mr. Whittenberg noted that an audiotape of
40 the meeting is always recorded, but the public appreciates having the meetings
41 videotaped for rebroadcast on Sundays, and this would not be possible if SBTV-3 staff
42 is not available for a Saturday meeting,
43
44 Eldon Alexander stated that his supporters would not object to a Saturday meeting, but
45 they would want to have a video recording for review. He said that they would not
46 support this if a video could not be recorded. He also noted that his supporters would
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City of Seal Beach Planning Commission
Meeting Minutes of September 5, 2007
want the public hearing to be conducted on a Wednesday evening, as usual. Mr.
Alexander then stated that they would also support conducting the study session before
the public hearing items, as suggested by Chairperson Deaton.
Commissioner Massa-Lavitt asked if it would be just as difficult to schedule the
volunteers to tape the meeting on an alternate Wednesday. Mr. Whittenberg stated that
it might be; however, Wednesday is a day that is already blocked out for specific
programming. He indicated that Staff would verify this. Commissioner Massa-Lavitt
stated that she would like to have this meeting videotaped for rebroadcast. She noted
that she is not certain that a Saturday meeting would get any more people to attend.
Chairperson Deaton asked if Commissioner Massa-Lavitt had a preference that the
meeting be broadcast. Commissioner Massa-Lavitt stated that she had no preference,
as long as there is a video of the meeting.
MOTION by Massa-Lavitt; SECOND by Roberts to schedule the next study session for
Wednesday, October 10, 2007, for discussion only on the proposed residential
standards, subject to the ability to have the meeting videotaped.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt and Roberts
None
None
Mr. Whittenberg requested direction on scheduling of study sessions for non-residential
standards. Chairperson Deaton confirmed that scheduling these study sessions after
the public hearing items on the regular PC meeting dates, as suggested by the Director
of Development Services, would be acceptable. Mr. Whittenberg indicated that Staff
would begin publication of notification of the meetings for September 19th, October 3rd,
and October 1 ih.
PUBLIC HEARINGS
5. Conditional Use Permit 07-9
Variance 07-3
12101 Seal Beach Boulevard (Farmers & Merchants Bank)
Applicant/Owner: Leslie Gentile, Fernald, Inc. I Rossmoor Shops, LLC
Request: To permit a drive-up teller window and overhead canopy
within the required rear setback area at a proposed new
financial institution.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-49 and 07-50, respectively.
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Meeting Minutes of September 5, 2007
1 Staff Report
2
3 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
4 Planning Department.) He provided some background information on this item and
5 noted that the Conditional Use Permit (CUP) is to allow a drive-thru teller window and
6 the Variance (VAR) is requested to allow for an overhang over the teller drive thru
7 lanes. He explained that the proposed location is immediately south of the existing
8 Union 76 Service Station on Bradbury Way and Seal Beach Boulevard (SBB) and
9 meets all setback and parking requirements. He then indicated that directly behind the
10 project is the Rossmoor Townhomes development with a 20-22-foot driveway
11 separating the garages from the property line with most of the units having a 40-60 feet
12 separation from the project. He noted that Staff had asked the architects if there were a
13 way to underground the conduit for transferring paperwork from a customer into the
14 tellers rather than having it above ground, but there are corrosive soil issues in this area
15 and if there is a problem with the system they would have to cut into the drive-thru teller
16 lanes and into the foundation of the building to complete any repair work necessary.
17 The Director of Development Services then stated that the teller windows would be
18 open only during normal business hours as noted on Page 6 of the Staff Report. He
19 noted that Staff had inquired about moving the drive-thru teller to the south end of the
20 building, but there were internal problems with this, as the building is narrower on the
21 south end and the drive-thru entry lanes would block the main parking aisles. Staff
22 recommends approval of both requests, subject to conditions.
23
24 Commissioner Questions
25
26 Chairperson Deaton asked if residents of the Rossmoor Townhomes had received a
27 public notice. Mr. Whittenberg confirmed that notice was mailed to each unit owner and
28 to each occupant within 300 feet of the project.
29
30 Commissioner Roberts asked about the noise level from the vacuum tubes. Mr.
31 Whittenberg stated that his experience with these tubes in the past has been that there
32 is no noise from the tubes, but there is verbal communication with the customer via a
33 speaker system.
34
35 Public HearinQ
36
37 Chairperson Deaton opened the public hearing.
38
39 Leslie Gentile, the architect for the project, stated that she has reviewed the Staff
40 Report and asked for clarification on the size and location of the gates. Mr. Whittenberg
41 stated that Staff would meet with Ms. Gentile at a later time to determine this, but Staff
42 does think the gates should be at both ends. Ms. Gentile indicated that F&M Bank was
43 located at the former Rossmoor Center and will continue with the same clientele.
44 Commissioner Roberts asked about the noise level for the tube system. Ms. Gentile
45 said that the new systems are far quieter than current underground systems.
46 Commissioner Massa-Lavitt noted that since the building is not yet constructed, it
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City of Seal Beach Planning Commission
Meeting Minutes of September 5, 2007
appears there would be flexibility to shift the building away from the rear property so as
not to encroach into the rear yard setback. Ms. Gentile stated that the building itself
would not encroach into the setback, but the canopy would. She explained that the pad
is a fixed and cannot be moved forward as parking space would be lost, and parking is
controlled by the developer. Commissioner Massa-Lavitt also expressed her concern
with the noise and exhaust fumes from idling cars in queue near the residential units
behind the bank. She complimented Ms. Gentile on her design of the building, but
recommended rotating the building so that the teller drive-thru would not impact
adjacent residences. Ms. Gentile reiterated that this would not be possible. Mr.
Whittenberg stated that moving the building would make the shopping center deficient in
parking, which would then require a Variance for parking. Commissioner Massa-Lavitt
added that not shifting the building would create the need for a Variance that is not
necessary.
Commissioner Roberts stated that as a customer of Farmers & Merchants Bank for over
30 years he has rarely seen more than 4 or 5 cars in queue when using the drive-thru.
He said if residences were closer than 60 feet, he would have some concerns, but he
has visited the site and believes that there is enough open space surrounding this
building to prevent problems with car exhausts. He said that the setback off of SBB is
more important than trying to move the building closer to the street, and because the
drive-thru will be open only during daylight hours this would mitigate concerns regarding
evening noise. He noted that the 24-hour A TM will be located at the front of the bank
also limiting noise issues at the rear of the building. He said he would recommend
approval as conditioned.
Commissioner Bello stated that although she understands Commissioner Massa-Lavitt's
concerns, surrounding residents were notified, but Staff received no comments or
responses to the public notice. She said she would vote to approve.
Chairperson Deaton confirmed that Staff had received no communications from
surrounding residents. Mr. Whittenberg stated that Staff had received no comments.
Commissioner DeLay stated that he is in favor of approval.
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
MOTION by Roberts; SECOND by DeLay to approve the Conditional Use Permit 07-9,
subject to conditions, and adopt Resolution 07-49 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, DeLay, and Roberts
Massa-Lavitt
None
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City of Seal Beach Planning Commission
Meeting Minutes of September 5, 2007
MOTION by Roberts; SECOND by DeLay to approve the Variance 07-3, subject to
conditions, and adopt Resolution 07-50 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, Delay, and Roberts
Massa-Lavitt
None
Mr. Flower advised that the adoption of Resolution Nos. 07-49 and 07-50 begins a 10-
day calendar appeal period to the City Council. The Commission action tonight is final
and the appeal period begins tomorrow morning.
6. Variance 07-4
1790 Apollo Court (Dadvar Group Corporation)
Applicant/Owner: Dadvar Group Corporation I OMP Seal Beach, LLC
Request: To allow installation of grain silos for foodstuffs in an existing
structure to facilitate the manufacture of dry pasta. The silos
will be located within an enclosed structure that will have an
overall height of approximately 51 ft. 0 inches. The
maximum allowable height for structures within the Boeing
Specific Plan Area is 40 ft. 0 inches.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-52.
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 the proposed silos for flour storage are pre-manufactured with a set height of
50 feet. He noted that the silos are to be enclosed on all four sides within a structure
that will match the building and will be located in the rear southeast corner of the
building in an area measuring approximately 32 x 47 feet. He indicated that Leisure
World is the closest residential community at an approximate 450-foot distance, and
Island Village lies to the west at an approximate 1 ,400-foot distance. He indicated that
Staff is recommending approval, subject to conditions, due to the prefabrication nature
of the silos, the distance from neighboring communities, and the proposed screening to
match the building.
Commissioner Questions
None.
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City of Seal Beach Planning Commission
Meeting Minutes of September 5, 2007
1 Public HearinQ
2
3 Chairperson Deaton opened the public hearing.
4
5 Pamela Plank, of Remax Realty, reiterated that the silos are to be screened to match
6 the building and would not be conspicuous. Commissioner Roberts asked about
7 transferring flour into the silos. Ms. Plank stated that this is done via a vacuum system
8 and the process will take place inside the building and would not create noise impacts.
9 Commissioner Bello confirmed that there would be 4-6 deliveries per day. Ms. Plank
10 confirmed that each day two trucks will deliver flour and two trucks will depart with
11 shipments of outgoing pasta products. Commissioner Roberts inquired about any
12 spillage of flour. Ms. Plank stated that this would be very minimal with the hose coming
13 from inside the building out to the delivery truck. Commissioner Roberts asked if the
14 business was in agreement with the transfer hours of 6:00 a.m. to 9:00 p.m. Ms. Plank
15 stated that they are in agreement. Commissioner Roberts asked if the delivery trucks
16 would be idling during the transfer of the flour. Dwight Selzo, a representative of
17 Dadvar Group, stated that there would be no idling or noise from the truck during the 1 %
18 to 2 hour transfer operation. Commissioner Roberts asked about maintenance on the
19 silos. Mr. Selzo stated that is no maintenance is required, as they are simply for
20 storage.
21
22 Timur Tecimer of Overton Moore Properties spoke in favor of Variance 07-4 citing this
23 as an opportunity to provide jobs to the City. He stated that this is to be a state-of-the-
24 art facility and he recommends approval.
25
26 Mike Bubbe stated his concern with "visual pollution." He recommended that the silos
27 be designed to fit within the 40-foot height limit.
28
29 Ms. Plank stated that Dadvar Group had discussed this option with the Director of
30 Development Services and found that lowering the height would create the need for
31 more silos and would be very costly. This would also make it difficult to locate them
32 inside the building making it necessary to have them on the outside. The conclusion
33 was that having the silos on the inside and providing the matching screening would be
34 preferable.
35
36 Mr. Tecimer noted that 1790 Apollo Court abuts the tall Boeing Integrated Defense
37 Systems (BIDS) office building, which actually overshadows all of the buildings within
38 the Pacific Gateway Business Park. He said he appreciated that Dadvar Group elected
39 to place the silos inside the building creating a more aesthetically pleasing look.
40
41 Dwight Selzo stated that Dadvar Group chose this building because it would best
42 accommodate the storage needs further and their budget.
43
44 There being no one else wishing to speak, Chairperson Deaton closed the public
45 hearing.
46
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City of Seal Beach Planning Commission
Meeting Minutes of September 5, 2007
Commissioner Comments
Commissioner Roberts stated that as contrasted to the BIDS building, this project would
not be obtrusive and he would vote to approve.
Commissioner Massa-Lavitt stated that this is a great project and the screening is fine
and it is good to bring new business to town. She noted that this is an industrial area
where industry should go.
Commissioner DeLay stated that he is in favor of this project.
Chairperson Deaton stated that were this one of the larger lots a 50-foot silo would be
allowed by right.
MOTION by Roberts; SECOND by Massa-Lavitt to approve the Variance 07-4, subject
to conditions, and adopt Resolution 07-52 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Bello, DeLay, Massa-Lavitt and Roberts
None
None
Mr. Flower advised that the adoption of Resolution No. 07-52 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. Whittenberg referred to the handouts on a Planning Commissioner Training
Seminar to take place on Thursday, September 20, 2007. He indicated that this would
be an all day session and requested that those Commissioners wishing to attend notify
Staff as soon as possible in order to process their registration and pay the fees. He
noted that an attorney from Richard, Watson & Gershon would be making a
presentation at this seminar on how to read and understand environmental impact
reports.
He then welcomed Chairperson Deaton back to the Planning Commission meetings.
COMMISSION CONCERNS
None.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 8:35 p.m.
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City of Seal Beach Planning Commission
Meeting Minutes of September 5, 2007
1 Respectfully Submitted,
2
3
4
5 Carmen Alvarez, Executive Secret
6 Planning Department
7
8
9 APPROVAL
10
11 The Commission on September 19, 2007, approved the Minutes of the Planning
12 Commission Meeting of Wednesday, September 5,2007. ~
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