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HomeMy WebLinkAboutPC Min 2008-01-09 City of Seal Beach Planning Commission Agenda for January 9, 2008 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. November 2007 Building Activity Report 2. Approve Planning Commission Meeting Minutes of December 5,2007. VI. SCHEDULED MATTERS None VII. PUBLIC HEARING 3. Conditional Use Permit 06-5 (Indefinite Extension) 320 Main Street (Three Twenty Main) 1 City of Seal Beach Planning Commission' Agenda of January 9, 2008 Applicant/Owner: Conrad Mingura / Fred Riedman Request: to grant an Indefinite Extension of a previously approved Conditional Use Permit for an existing restaurant with an on-sale general alcohol license (Type 47) and outdoor dining. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-67. 4. Conditional Use Permit 07-16 3901 Lampson Avenue (Old Ranch Golf Country Club) (Continued from December 5, 2007) Applicant/Owner: Steve Kim, EWAI Architects / Old Ranch Country Club LLC Request: Addition of a 3,400 square foot banquet space; 200 square foot bridal suite; 3,500 square foot owner's suite; and outdoor courtyard, including pool and spa. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-64. 5. Conditional Use Permit 07-17 13960 Seal Beach Blvd. (Longs Drugs) Applicant/Owner: Seal Beach Village, L.P. Request: To establish a drive-thru window in connection with a permitted retail pharmacy. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-65. 6. Conditional Use Permit 07-18 345 Tenth Street (Watersafe Swim School) Applicant/Owner: Jeannie A. West / Ginny Flahive Request: To change the allowable hours for swim lessons on Saturdays from the currently permitted 1 :00 p.m. to 5:00 p.m. to new operating hours on Saturday between 8:00 a.m. and 2:00 p.m. The current operating hours were established by the City through the adoption of 2 City of Seal Beach Planning Commission · Agenda of January 9, 2008 Planning Commission Resolution Number 1493 on February 17, 1988. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-68. VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT To adjourned meeting of January 23, 2008, at 7:30 P.M. 3 Jan 23 Feb 6 Feb 20 Mar 05 Mar 19 Apr09 Apr 23 May 07 May 21 Jun 04 Jun 18 Jul09 Jul23 Aug 06 Aug 20 Sep 03 Sep 17 Oct 08 Oct 22 Nov 05 Nov 19 Dec 03 Dec 17 City of Seal Beach Planning Commission' Agenda of January 9, 2008 2008 Aaenda Forecast Conditional Use Permit 06-6 (Indefinite Extension) - Finbar's Minor Plan Review 08-1 - 708 Taper Drive Minor Plan Review 08-2 - 923 Heron Circle Study Session - Final Draft Zoning and Subdivision Codes Conditional Use Permit 08-1 - 12301 Seal Beach Blvd (Sprouts Mkt.) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of January 9, 2008 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, January 9, 2008. 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, and Roberts. Also Present: Department of Development Services Lee Whittenberg, Director of Development Services Jerry Olivera, Senior Planner Steve Flower, Assistant City Attorney Absent: Massa-Lavitt Mr. Whittenberg indicated that he had not heard from Commissioner Massa-Lavitt and suggested waiting to excuse her absence, pending her late arrival. AGENDA APPROVAL Mr. Whittenberg noted that Item NO.2 should be removed from the Consent Calendar, as Commissioner Roberts was not in attendance for the Planning Commission meeting of December 5, 2007. He also noted a correction on Page 1, Line 20 of the minutes, which indicates that Steve Flower was present at that meeting, when in fact he was not. MOTION by Roberts; SECOND by Bello to approve the Agenda as amended. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Deaton, Bello, DeLay, and Roberts None Massa-Lavitt ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. 1 These Minutes were transcribed from audiotape of the meeting. 1 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City of Seal Beach Planning Commission Meeting Minutes of January 9, 2008 Seth Eaker wished everyone a Happy New Year and commended the City for its swift response to the fire at 212 Main Street. On behalf of the Seal Beach Chamber & Business Association (SBCBA), he encouraged the Planning Commission (PC) to be of assistance to businesses as they may be affected by zoning laws in the future. There being no one else wishing to speak, Chairperson Deaton closed oral comm un ications. CONSENT CALENDAR 1. November 2007 Building Activity Report MOTION by Bello; SECOND by Roberts to approve the Consent Calendar as amended. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Deaton, Bello, DeLay, and Roberts None Massa-Lavitt 2. Approve Planning Commission Meeting Minutes of December 5, 2007. MOTION by Bello; SECOND by DeLay to approve Planning Commission Meeting Minutes. of December 5,2007, as amended. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: SCHEDULED MATTERS None. PUBLIC HEARINGS 3-0-1-1 Deaton, Bello, and DeLay None Massa-Lavitt Roberts 3. Conditional Use Permit 06-5 (Indefinite Extension) 320 Main Street (Three Twenty Main) Applicant/Owner: Req uest: Conrad Mingura / Fred Riedman To grant an Indefinite Extension of a previously approved Conditional Use Permit for an existing restaurant with an on- sale general alcohol license (Type 47) and outdoor dining. 2 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City of Seal Beach Planning Commission Meeting Minutes of January 9, 2008 Recommendation: Approval, subject to conditions, and adoption of Resolution 07-67. Staff Report Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and noted that Staff has reviewed the application and Lt. Tim Olson of the Seal Beach Police Department (SBPD) has reported that they have had no calls for service at this location, or any problems with the service of alcohol at the restaurant. Chairperson Deaton asked if Staff had received any comments in response to the public notice. Mr. Olivera reported that no comments were received. Commissioner Questions None. Public HearinQ Chairperson Deaton opened the public hearing. Conrad Mingura stated that he would be pleased to respond to any questions from the Commission. Seth Eaker spoke in favor of the Indefinite Extension of Conditional Use Permit 06-5, stating that the Board of Directors of the SBCBA supports Three Twenty Main. Mr. Whittenberg noted that copies of a letter in support of CUP 06-5 from Mr. Eaker have been provided to the Commissioners. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments None. MOTION by Roberts; SECOND by Bello to approve the Indefinite Extension of Conditional Use Permit 06-5, subject to conditions, and adopt Resolution 07-67 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Deaton, Bello, DeLay, and Roberts None Massa-Lavitt 3 of 11 City of Seal Beach Planning Commission Meeting Minutes of January 9, 2008 1 Mr. Flower advised that the adoption of Resolution No. 07-67 begins a 10-day calendar 2 appeal period to the City Council. The Commission action tonight is final and the 3 appeal period begins tomorrow morning. 4 5 4. Conditional Use Permit 07-16 6 3901 Lampson Avenue (Old Ranch Golf Country Club) 7 (Continued from December 5, 2007) 8 9 Applicant/Owner: Steve Kim, EWAI Architects / Old Ranch Country Club LLC 10 11 Request: Addition of a 3,400 square foot banquet space; 200 square 12 foot bridal suite; 3,500 square foot owner's suite; and 13 outdoor courtyard, including pool and spa. 14 15 Recommendation: Approval, subject to conditions, and adoption of Resolution 16 07-64. 17 18 Staff Report 19 20 Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning 21 Department.) He provided some background information on this item and noted that due 22 to concerns expressed by the Commission regarding the addition of the owner's suite, 23 the applicant has revised the plans eliminating the owner's suite and replacing it with 24 additional banquet space. He stated that Staff has calculated the on-site parking 25 demand of this additional banquet space and determined that there will still be adequate 26 parking on the site, leaving a surplus of 12 parking spaces. He indicated that the Staff 27 received no comments in response to the public hearing notice. 28 29 Commissioner Questions 30 31 Commissioner Roberts asked which portion of College Park East (CPE) would have 32 received the public notice. Mr. Olivera stated that this would have included the Old 33 Ranch Townhomes and any properties within 300 feet of the golf course boundaries. 34 35 Public HearinQ 36 37 Chairperson Deaton opened the public hearing. 38 39 Steve Kim, architect for the project, reiterated that the country club owner has decided 40 to not construct the residential unit and instead has approved additional banquet space. 41 Commissioner Roberts stated that he had the opportunity to speak with Mr. Kim prior to 42 tonight's meeting and was able to view the renderings of the revised project. 43 44 There being no one else wishing to speak, Chairperson Deaton closed the public 45 hearing. 46 4 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of January 9, 2008 Commissioner Comments Commissioner Roberts stated that he believes the addition will fit in very nicely with the existing clubhouse and is happy to hear that the residential unit is not to be included. Mr. Olivera explained that a condition has been added to Resolution 07-64 that states once the banquet area is operational, should parking become an issue with large events, the City could then revisit this issue and possibly allow valets or other alternative means to alleviate any parking congestion or traffic issues. Chairperson Deaton stated that parking should not spill over into the CPE neighborhoods. Commissioner Roberts asked if any of the parking is striped for compact cards. Mr. Olivera stated that he did not see any marked compact stalls. He noted that the applicant does have the option of adding up to 25 percent compact spaces. MOTION by Roberts; SECOND by DeLay to approve the Conditional Use Permit 07-16, subject to conditions, and adopt Resolution 07-64 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Deaton, Bello, DeLay, and Roberts None Massa-Lavitt Mr. Flower advised that the adoption of Resolution No. 07-64 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 5. Conditional Use Permit 07-17 13960 Seal Beach Blvd. (Longs Drugs) Applicant/Owner: Seal Beach Village, L.P. Request: To establish a drive-thru window In connection with a permitted retail pharmacy. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-65. 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 drug store use is permitted by right within the C-1 Commercial Zone and only the drive- through portion of the proposal requires discretionary approval. He stated that Lt. Tim Olson of the SBPD has reviewed the application and is satisfied that with implementation of the security measures as noted in Resolution 07-65, including additional lighting and security cameras at the rear of the building where the drive- 5 of 11 City of Seal Beach Planning Commission Meeting Minutes of January 9, 2008 1 through would be, security should not be a problem. He indicated that the applicant is 2 proposing a modification to Conditions Nos. 3, 4, and 6 pertaining to hours of operation 3 and hours of deliveries, and will discuss those in greater detail as part of their 4 presentation. Mr. Olivera then reported that Staff has received one petition via FAX 5 signed by 16 residents of Leisure World (LW) in response to the public hearing notice, 6 and copies have been provided to the Commission. 7 8 Commissioner Questions 9 10 Commissioner Roberts stated that related to Conditions 3 and 4, the turning radius into 11 the drive-through window is the main issue. He asked if Staff has determined this to be 12 an adequate radius to accommodate the primary clientele. Mr. Olivera stated that 24 13 feet is the standard radius for turning and the plans reflect that a car can make this 14 radius, but would have to dip over slightly into the opposite lane of traffic. He noted that 15 he had visited the site and noticed that many cars do use this cut-through to get from 16 Westminster Avenue into Leisure World (LW). He indicated that drive-throughs at 17 pharmacies would not generate the same type of traffic as a fast food restaurant, 18 although there are times when 2 or 3 cars may be in the queue. He stated that based 19 upon the amount of traffic coming through the alley way, he did not believe that this 20 would be a major concern. Commissioner Roberts asked if this alley were also the 21 access for delivery trucks. Mr. Olivera provided photographs of the proposed site for 22 the drive through and noted that the applicant is proposing to reconfigure the loading 23 dock and move it further down toward the end of the building, and the generator in the 24 rear will also be relocated to provide room for the drive through lanes. Commissioner 25 Roberts expressed his concern with drivers being able to maneuver their vehicles when 26 turning into these lanes and asked if there would be two stations at the drive-through. 27 Mr. Olivera confirmed that this was correct. Commissioner Roberts proposed having 28 only one station. Mr. Olivera stated that Staff had not discussed this with the applicant, 29 but they could propose this option to the applicant. Commissioner Roberts asked if the 30 drive lanes could be striped. Mr. Olivera indicated that this could be added to the 31 Conditions of Approval. Chairperson Deaton noted that the maneuvering vehicles 32 through the drive-through lanes at the new Starbucks and the newly constructed CVS 33 Pharmacy can be quite difficult. She recommended that this project be carefully 34 reviewed prior to granting approval of the drive through. 35 36 Public HearinQ 37 38 Chairperson DeClton opened the public hearing. 39 40 Greg McCafferty, representing Burnham USA Equities, thanked Staff for their work on 41 the application and he noted that Staff did indicate that this is a permitted land use and 42 said that the drive-through lanes would be essential in order to remain competitive with 43 other area pharmacies. He indicated that as designed by the architect and the 44 engineer, the turning radii for both drive-through lanes are adequate, but Burnham 45 would be happy to work with Staff to ensure that this is the case. He stated that mirrors 46 could be placed to allow for better visibility for vehicles exiting the drive-through lanes. 6 of 11 City of Seal Beach Planning Commission Meeting Minutes of January 9, 2008 1 He noted that the volume control for the speakers will be controlled from inside the store 2 by pharmacy staff, and stated that at peak times there might be 4 vehicles in the queue, 3 and this will not create any traffic or safety hazards. He stated that the alley is used 4 primarily for deliveries, so he does not believe that turning into the drive-through lanes 5 from Westminster Avenue will create any issues for customers. He requested approval 6 of Conditional Use Permit 07-17 as presented and stated that Burnham will work with 7 Staff to create the best design. Commissioner DeLay asked if there would be only one 8 station available. Mr. McCafferty stated that Long's would prefer to have two stations to 9 allow additional staffing during peak periods. He then presented a proposal for changes 10 to Condition No.3, of Resolution 07-65 to change the hours of operation to 6:00 a.m. to 11 12:00 a.m. daily, noting that CVS is open 24-hours. Mr. Whittenberg indicated that the 12 previously approved alcohol sales license for this property limits the hours of operation 13 to 7:00 a.m. to 10:00 p.m. and cannot be changed without re-noticing for a new public 14 hearing. He recommended continuing the public hearing and re-noticing to consider the 15 change in hours. Mr. McCafferty stated that as he understands, if you are advertising 16 for a new use on a property, you may propose any conditions or modifications to the 17 previously approved conditions. Mr. Flower stated that this was true with regard to the 18 new land use approval; however, he believes the Director of Development Services is 19 concerned with the pre-existing conditions on the alcohol use, which is not on the table 20 tonight and would have to be noticed. Mr. McCafferty stated that Longs would agree to 21 the restrictions for alcohol sales, but they would like to remain open for other sales until 22 midnight. He then continued by noting the proposed changes to Condition NO.4 to 23 prohibit commercial delivers between the hours of 10:00 p.m. and 6:00 a.m.; and to 24 Condition NO.6 to prohibit trash disposal activities between the hours of 12:00 a.m. and 25 6:00 a.m. (Copy of memorandum is on file for inspection in the Planning Department.) 26 Commissioner Roberts commented that he does not believe there are any other 27 pharmacies within Seal Beach that have two stations. Mr. McCafferty stated that due to 28 the constraints of the location of the drive-through, Longs believes it makes more sense 29 to have two lanes rather than one. 30 31 , a resident of Leisure World (LW), spoke against approval of the drive- 32 through lanes for Longs Drugs. He described the closing of the Seal Beach Market as a 33 great loss to the residents of LWand noted that no pharmacy is needed in this shopping 34 center as a pharmacy is already available within LW. He discussed the problems that 35 might occur with delivery trucks blocking the alley and impeding access to traffic from 36 LW, and cited the difficulty that would ensue for vehicles turning into the drive-through 37 lanes from Westminster Avenue. He also indicated that there are not sufficient parking 38 spaces within this shopping center. 39 40 George Early said he is relieved that the drive-through lanes are to be located at the 41 rear of the building rather than the front. He wished to clarify that there would be two 42 separate drive-through lanes. Commissioner Roberts stated that the there would be 43 two lanes parallel to one another. Mr. Early stated he would be opposed to having two 44 lanes. 45 7 of 11 City of Seal Beach Planning Commission Meeting Minutes of January 9, 2008 1 Greg McCafferty emphasized that the access alley is not a public road, but is private 2 commercial property, which is designed primarily to facilitate deliveries. With regard to 3 operation of the pharmacy, there will be a grocery section and during the transition 4 phase between the existing market and the pharmacy, the property owner has agreed 5 to provide a shuttle service to Ralph's Market for residents of LW. He noted that 6 Burnham has no desire to create an unsafe condition and will ensure that the design of 7 the drive-through lanes would be appropriate. In response to the comment on 8 inadequate parking, Mr. McCafferty noted that the Staff Report states that there is an 9 excess of parking on the property. He commented that this approval would be subject 10 to a 12-month review and should there be any unsafe conditions, the Planning 11 Commission (PC) could make changes to the conditions at that time. He again stated 12 that Longs would limit the sale of alcohol to 10:00 p.m., but would still like to remain 13 open from 6:00 a.m. to midnight, but if this is not acceptable, they would like to have the 14 drive-through open from 7:00 a.m. to 10:00 p.m. Commissioner Roberts stated that if 15 Longs wishes to have two stations, he proposes that they reverse the flow of traffic 16 through the drive-through lanes from south to north. Mr. McCafferty stated that 17 Burnham will explore all alternatives with Staff and come up with the best design. 18 19 Mr. Whittenberg recommended leaving the public hearing open to allow for further 20 discussion and to continue this item to the earliest possible hearing date. 21 22 Commissioner Comments 23 24 Commissioner Bello agreed that this item should be continued to allow time to 25 reconfigure the design of the drive-through lanes. 26 27 Commissioner DeLay stated that he is certain that the issue of the drive-through lanes 28 can be successfully resolved. 29 30 Chairperson Deaton asked if Staff had any concerns over the request to change the 31 hours of operation. Mr. Whittenberg stated that Staff has no concerns, as there are no 32 residential uses within the immediate area. Mr. McCafferty stated that he sees no 33 reason for a continuance as Longs will agree to abide by the hours for alcohol sales. 34 He stated that CUP 07-17 should be approved tonight with the understanding that 35 Burnham would work out the redesign with Staff. 36 37 Commissioner Roberts asked if the PC could review the signage for this project. Mr. 38 Whittenberg stated that if Longs wishes to propose additional signage over what is 39 already in the center; this would be looked at as part of the normal permit process. He 40 noted that Longs has not indicated that they wish to have additional signage. He 41 recommended continuing this item to the earliest possible meeting date, as he is not 42 comfortable with approving this project as presented. 43 44 MOTION by Roberts; SECOND by Bello to continue the public hearing for Conditional 45 Use Permit 07-17 to the earliest possible hearing date. 46 8 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City of Seal Beach Planning Commission Meeting Minutes of January 9, 2008 MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Deaton, Bello, DeLay, and Roberts None Massa-Lavitt Mr. Whittenberg noted that this item would be re-noticed and re-published indicating the new hearing date. 6. Conditional Use Permit 07-18 345 Tenth Street (Watersafe Swim School) Applicant/Owner: Jeannie A. West I Ginny Flahive Request: To change the allowable hours for swim lessons on Saturdays from the currently permitted 1 :00 p.m. to 5:00 p.m. to new operating hours on Saturday between 8:00 a.m. and 2:00 p.m. The current operating hours were established by the City through the adoption of Planning Commission Resolution Number 1493 on February 17, 1988. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-68. 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 existing hours of operation were initially established in 1988. He indicated that the Staff Report provides a comprehensive history of the use at this location, and explained that a previous issue with parking at the church parking lot has been resolved and currently the City is dealing with a noise violation complaint from a neighboring resident regarding the noise level generated by children while taking swim lessons. He stated that Staff is recommending that the requested hours not be approved, as there already is a potential noise issue, but recommends that the Saturday hours be kept at 4 hours and that the Planning Commission (PC) not approve any expanded hours. He suggested approval of the hours of 9:00 a.m. to 1 :00 p.m. for swim lessons, and if the swim school wishes to proceed with the expanded hours, that this item be tabled pending further noise testing related to noise violations. Commissioner Questions Chairperson Deaton asked if noise was an issue during the Senior Citizens Swim. Mr. Whittenberg stated that from everything Staff has heard this has not been a problem. He indicated that the noise issue is primarily related to swim classes for young children. 9 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of January 9, 2008 Commissioner DeLay asked if the parking problems have been resolved. Mr. Whittenberg stated that this issue was resolved in 2005. Public HearinQ Chairperson Deaton opened the public hearing. Ginny Flahive, owner of Watersafe Swim School, stated that the proposed Saturday hours of 9:00 a.m. to 1 :00 p.m. would be very helpful. She noted that the conditions of approval indicate that the school is to be closed on Sundays, but she would like to have the condition remain that states the school can open on Sundays from 1 :00 p.m. to 5:00 p.m. Mr. Whittenberg clarified that the condition refers to the school not being open for swim lessons on Sundays. Seth Eaker spoke in support of the Watersafe Swim School and recommended approval of the proposed Saturday hours. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments Chairperson Deaton stated that despite the complaints from a neighboring resident about the noise generated by children during swim lessons, the PC believes that Watersafe provides a valuable service to the community, and it is the City's job to help residents and businesses coexist as peaceably as possible. She stated that she would like to allow the change to Saturday morning hours but wants to limit the hours to 4 and does not want lessons to begin before 9:00 a.m. She also encouraged Ms. Flahive to continue to work on resolving the noise issue. Commissioner Roberts asked if the Senior Swim could be conducted beginning at 8:00 a.m. on Saturday mornings. Chairperson Deaton stated that if Staff has no problem with this, then she has no objection. Mr. Whittenberg noted an amendment to the language of Condition 2, on Page 6 of the Staff Report, to read "hours of swim instruction and swim, shall be between 8:00 a.m. and 8:00 p.m. Monday through Friday, and between 9:00 a.m. and 1:00 p.m. on Saturday. There shall be no swim instruction conducted on Sunday. II MOTION by Roberts; SECOND by Bello to approve the Conditional Use Permit 07-18, subject to conditions, and adopt Resolution 07-68 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Deaton, Bello, DeLay, and Roberts None Massa-Lavitt 10 of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 City of Seal Beach Planning Commission Meeting Minutes of January 9, 2008 Mr. Flower advised that the adoption of Resolution No. 07-68 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 indicated that Staff had hoped to bring the Final Draft Zoning Code before the Planning Commission (PC) at its next scheduled meeting; however, it will not be available until the PC meeting of February 6, 2008. Chairperson Deaton requested that Staff conduct further discussion on the FAR at the next scheduled meeting. Mr. Whittenberg stated that Staff would provide this information. COMMISSION CONCERNS Chairperson Deaton asked about excusing Commissioner Massa-Lavitt's absence tonight. Mr. Whittenberg requested a motion to excuse her. MOTION by DeLay; SECOND by Roberts to excuse Commissioner Massa-Lavitt from the Planning Commission meeting of January 9, 2008. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Deaton, Bello, Delay, and Roberts None Massa-lavitt ADJOURNMENT Chairperson Deaton adjourned the meeting at 9:15 p.m. Respectfully Submitted, Carmen Alvarez, Executive Secreta Planning Department APPROVAL The Commission on January 23, 2008, approved r\he_ Minutes of the Planning Commission Meeting of Wednesday, January 9, 2008. ~. 11 of 11