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HomeMy WebLinkAboutPC Min 1996-07-17 :' I t I . . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA OF JULy 17, 1996 7:30 P.M. · City Council Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #96- 30 I. PLEDGE OF ALLEGIANCE ll. ROLL CALL ID. ELECTION of CHAIRMAN and VICE CHAIRMAN IV. AGENDA APPROVAL By Motion of the Planning Commission, thIS is the time to: (a) Notify the public of any changes to the agenda; (b) Rearrange 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. V. PRESENTA nON Chairman Brown presents hononng Resolution No. 96-29 (and any other presentations) to Dr. Dahlman. VI. ORAL COMMUNlCA nONS At this time, members of the public may address the Planning CommIssIon regarding any items withm the subject matter jurisdictIon of the Planmng Commission, provided that NO action or discussion may be undertaken by the Planning CommiSSIOn unless otherwise authorized by law. The City of Seal Beach complies with the Ame~ With Disablbues Act of 1990. If you Deed assistance to attend or participate in this meeting, please telepbone the City Clerk's OfrlCe at (310) 431-2527 at least 48 bours in advance of the meeting. .. PIce 2. City 01... IleMlaI'lallllla& C........ Aaada,or J.., 17, 19!16 VU. 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 that a specific item be removed from Consent Calendar for separate action. 1. Approve Planning Commission Minutes of June 5, 1996. 2. Receive and File: May 28, 1996 Staff Report re Housing Element Revision - Status Repon. 3. Receive and File: June 10, 1996 Staff Report re Los Alamltos Channel Status Repon. 4. Receive and File: June 10, 1996 Staff Report re Response to Negative Declaration - Sunset Harbour Lease Amendment. s. Receive and File: June 10, 1996 Staff Report re Review of Proposed Response Letter to California Coastal Commission re: PubliC Heanng - Bolsa Chica Land Use Plan Amendment 1-95 and Implementing Actions Program. . 6. Receive and File: June 24, 1996 Staff Report re Orange County Projections - 1996. 7. Receive and File: June 24, 1996 Staff Report re Receipt of Responses to Comments from CoUnty of Orange re: Recirculated 1996 Draft Environmental Impact Repon (DEIR) for the Bolsa Chica ProJect. 8. Receive and File: July 8, 1996 Staff Report re Bolsa Chica Land Use Plan Amendment 1-95 and Implementing Actions Program. VIn. PUBLIC HEARINGS 9. Conditional Use Permit 96-1 Address: 13960 Seal Beach Boulevard Business: Seal Beach Market 1be City of Seal Beach comp6es with the Americans With Disabilities Act of 1990. It you need assistance to attend or participate in this meetiDg, please telephone the City Clerk's Orrace at (310) 431-2527 at least 48 hours in . advance of the meetiag. . . . .... 3. CIty 01 SaI.... I'IuIIIac c.-_....... Aceac18 tor Jaly 17, .'" Applicant: Amir Reza, President Pacific Food Services Frank H. Ayres & Son, Ltd. PartnershIp Property Owner: Request: Upgrade a land use entitlement for an alcohol-related land use at the Seal Beach Market. Specifically, the applIcant is requesting to sell beer, wme and distilled spirits for off-premises consumption, where only beer and wine sales are currently permitted. 10. Conditional Use Permit 94-1 Address: 600 Marina Drive Business: Radisson Inn Applicant: Saga International HospItalIty, Inc. Agent: Mano Bambuca, General Manager Property Owner: Saga Seal Co., Ltd. Request: Approval of an mdefinite extension of a land use entitlement for an alcohol-related land use at 600 Marina Drive. Specifically, the entitlement allows the sale of beer, wme and distIlled SpIritS from in-room refngerators. 11. Zoning Text Amendment 96-6 [From Planning Commission meeting of 2-7-96] Address: CIty-wide Applicant: City of Seal Beach Request: Consider Setback Exemptions for Plant-Supporting Structures. VIII. STAFF CONCERNS 12. Closure of Denny's Restaurant, 941 Pacific Coast HIghway, Seal Beach The City of Seal Beach compUes with the AmericaDs With DisabiUties Act of 1990. If you need assistance to attend or participate in this meeting, please telephone the City Clerk's Off'lCe at (310) 431-2527 at least 48 hours in advance of the meeting. PIce. . cltJ of... ... I'Iuala& CIllDllllulaa AaeacIa '11I' July .7, .'" IX. COMMISSION CONCERNS . . x. ADJOURNMENT . I.... ne City of Seal Beach compUes with the Americans With Disabilities Act of 1990. If you need assistance to attend or participate in this meeting, please telepbone the City Clerk's Off'lCe at (310) 431-2527 at least 48 bours in . advance of the meeting. ....e 5 - City or SaI ... I'Iaulac C-...J.oL.. Aceada ror July 17, 1996 . 1996 AGENDA FORECAST AUG 07 . CUP 92-1 @ 909 Ocean Ave. - Review of alcohol-related land use @ 12 months. (Revocation proceedings if application not ftled 10 near future). · ZTA 96-_: To consider Code amendments requiring a 3/4" raceway from the electrical service panel to an appropriate location for BY charging in all new residential garages, and that reqUIres recharging capability be installed in new commercial developments. . Minor Plan Review 96-3 Address: 128 13th Street ApplIcant: Michael Roberts Property Owner: Michael Roberts Request: Review of request for architectural plan tons, restucco, a new roof parapet facade, stalr mlIng improvements and a new 80 square foot storage room. . AUG 21 SEP 04 SEP 18 OCT 09 . CUP 94-4/770 PCH/Burger King/Final reVIew of a 6 mos. extension [from 5-8-96] of drive-thru window. OCT 23 NOV 06 NOY 20 DEe 04 . CUP 94-8/327 Main/Nip 'n Stuff Indefinite Extension DEe 18 . The City of Seal Beach comp6es with the Americans With Disabilities Act of 1990. If you need assistance to attend or participate in this meeting, please telephone the City Clerk's OrrlCe at (310) 431-2527 at least 48 hours in advance of the meeting. . . . CITY OF SEAL BEACH PLANNING COMMISSION MINlITES of JULY 17, 1996 The City of Seal Beach Planning Commission met m regular sessIOn at 7:30 p.m., m City Council Chambers. Prior to the Salute to the Flag, Chairman Brown observed that July is a good month to reflect on Independence Day and that it's a wonderful country we live in. These comments were followed with the Salute to the Flag. ROLL CALL Present: Chairman Brown Commissioners Hood, Dahlman, Sharp, Law Also Present: De,partment of Development Services Lee Whittenberg, Director Craig Steele, ASSIstant CIty Attorney Barry Curtis, Administrative Assistant Joan Flllmann, Executive Secretary ELECTION of CHAIRMAN and VICE CHAIRMAN MOTION by Hood; SECOND by Dahlman to Nominate Brian Brown as Chairman of the Plannmg Commission. MOTION CARRIED: AYES: 5-0-0 Hood, Dahlman, Sharp, Law, Brown MOTION by Dahlman; SECOND by Brown to Nommate DaVId Hood as VIce Chairman of the Planning Commission. MOTION CARRIED: A YES: 5-0-0 Hood, Dahlman, Sharp, Law, Brown AGENDA APPROVAL CommiSSIOner Dahlman confirmed a rumor that he and hIS famlly will be leaving Seal Beach and moving to a town m south-central Iowa. They are loolang forward to this move m August. MOTION by Law; SECOND by Dahlman to approve the Agenda. MOTION CARRIED: A YES: 5-0-0 Hood, Dahlman, Sharp, Law, Brown PIlle 2 - City or Seal Beaeh I'IaJmIoa COIlUllissloD Mioutes or July 17, 1996 . PRESENTATION . . Chairman Brown said the Commission had also heard the rumor Commissioner Dahlman was moving to Iowa. The Chair said it has been a real pleasure working with Commissioner Dahlman, that he taught him a lot; Chairman Brown wished Commissioner Dahlman good luck. Chairman Brown read and then presented Resolution No. 96-29 hononng CommisslOner Dahlman. MOTION by Hood; SECOND by Brown to approve Resolution No. 96-29. MOTION CARRIED: AYES: 5-0-0 Hood, Dahlman, Sharp, Law, Brown Commissioner Dahlman said he thought it was wonderful of the Commission, City and staff to issue this resolution. He said he had spoken to Mayor Forsythe and she has planned for continuity on the Planning Commission in his absence. CommisslOner Sharp said he had a problem with the manner in which things were being handled. While he felt Commissioner Dahlman deserved the commendaoons, he felt the lack of a formal written resignation was a hinderance. He mentioned another situation where a Planning Commissioner left the Seal Beach Without a written letter of resignation and Implied that left the City in the lurch. Commissioner Sharp said he thought the Commission was domg things backwards. Commissioner Dahlman said he had given his oral resignation tomght and stated he did not plan on attending more than one or two more meetings. As soon as he knows whether it's one or two meetings he will submit a written resignation. ORAL COMMUNICATIONS Gwen Forsythe * Mayor Mayor Forsythe personally thanked Anton Dahlman for the many years of service he has given the community. She noted that as a phYSician, he is very busy. He has taken time out of hiS life to do the necessary studying of cases, the soul searching and decision making on many issues. "Personally we are going to miss him but I think the City is going to miss his wisdom and his fair judgment on all the issues that have come before us. Thanks Tony II . Donna McGUlre * Seal Beach Mrs. McGUlre said that while attending the Pubhc Hearmgs on the Bixby Company's project proposal she noted Commissioner Dahlman's hard work in dlggmg through all the required reading despite his busy schedule. She felt his responses were wonderful and "You had the guts to vote against something that wasn't right" . . . . Pqe 3 - City or Sell) Beada I'IaaoiDc Colllllllsslou Mluutes or July 17, I'" Patricia Campbell * City Council Member Dlstnct 4 Council Member Campbell thanked Commissioner Dahlman for his calm leadership on the Commission, many times in the midst of stormy matters. She said "Your level of professionalism on this Commission is exemplary ... I really enjoyed working wlth you and I wish you well n . Commissioner Dahlman thanked everyone and noted he and his family would be commg back to Seal Beach from time to time. CONSENT CALENDAR MOTION by Hood; SECOND by Sharp to approve Items 1 - 8 of the Consent Calendar as posted on the Agenda: 1. Approve Planning Commission Minutes of June 5, 1996. 2. Receive and Flle: May 28, 1996 Staff Report re Housing Element RevisIOn - Status Report. 3. Receive and Flle: June 10, 1996 Staff Report re Los Alamltos Channel Status Report. 4. Receive and File: June 10, 1996 Staff Report re Response to Negatlve Declaration - Sunset Harbour Lease Amendment. 5. Receive and Flle: June 10, 1996 Staff Report re Review of Proposed Response Letter to California Coastal CommissIOn re: Public Hearing - Bolsa Chlca Land Use Plan Amendment 1-95 and Implementing ActIOns Program. 6. Receive and File: June 24, 1996 Staff Report re Orange County Projections - 1996. 7. Receive and File: June 24, 1996 Staff Report re Receipt of Responses to Comments from County of Orange re: Recirculated 1996 Draft Environmental Impact Report (DEIR) for the Bolsa Chica Project. 8. Receive and File: July 8, 1996 Staff Report re Bolsa Chica Land Use Plan Amendment 1-95 and Implementing Actions Program. MOTION CARRIED: AYES: 5-0-0 Hood, Dahlman, Sharp, Law, Brown .... . - city 01 Seal BeadI I'IluuIlDa COIllllllllioD MiDDies or July 17, 1996 . PUBLIC HEARINGS . . ~. Conditional Use Pennit ~6-1 Address: 13~60 Seal Beach Boulevard Business: Seal Beach Market Applicant: Amir Reza, President Pacific Food Services Property Owner: Frank H. Ayres & Son, Ltd. Partnership Staff Re.port Mr. Curtis presented the staff report. [Staff report on file in the Planning Department]. The applicant requested to upgrade a land use entitlement for an alcohol-related land use at the Seal Beach Market. Specifically, the appbcant requested to sell beer, wine and distllled spmts for off-premises consumption, where only beer and wme sales are currently permitted. Smce the market has had a long history of selbng beer and wine with no history of problems or complaints, staff believed the Commission should consider whether or not to include an initial review period for this request. Staff recommended approval of thiS request subject to 17 Conditions of Approval outlmed 10 the proposed Resolution. Staff has not received any comments for or against this application in response to the mailed legal Notice. Commission Ouestlons on Staff Re.port There were no questions. Pubbc Hearing The applicant was present but did not wish to speak. Chairman Brown said the Commission would reserve him the nght of rebuttal. There were no persons in the audience wlshmg to speak for or against this applicatlon. Chairman Brown closed the Pubbc Hearing. Commission Comments Commissioner Sharp said the Seal Beach Market is in his district, Councilmanic Distnct 2. He indicated there used to be a liquor store next to thiS market for many years but It closed. The prior owner told Commissioner Sharp he had had no problems at hiS liquor store when It was open. Since the closure, the 9000 Leisure World residents must drive to the Manna H1l1 area or over the freeway to the Rossmoor Center to buy liquor. This puts a lot more traffic on the streets. Commissioner Sharp recommended this request be approved and that there be no review period. Commissioner Dahlman said it's important for the Planmng Commission to be consistent 10 It'S deciSIOns. He agreed with the comments he had heard and could strongly recommend for approval of the request. However, thiS would be the first tlme a review period was Walved. .... 5 - City 01 SaI Beaeb I'IaImiaa COIDllllssloD MiDute8 or July 17, 1!lIl6 . Although he did not believe a review period was necessary in this specific instance he felt It might be unwise to depart from consistency with past policies. He would not be in favor of the indefinite extension now. Commissioner Law said she was in favor of approving the request but wanted a review penod. While there have been no problems the review period would provide a safety net. Chairman Brown said he had no objections to approval but would hke a review period. He indicated that while the recently-approved Main Street Specific Plan said no further liquor stores are to be approved, it is necessary a clear dlstmction be made that Main Street is an over-served area while this area on Seal Beach Boulevard has no liquor stores and there is a long distance to drive for those area residents. Commissioner Sharp said the Seal Beach Market Just went through a review period for beer and wine. The Commlssion knows, therefore, that the Market is adhenng to all the rules and regulations. There have been no complaints. That is why he felt another review period is not necessary now. He indicated he would go along with whatever the Commission decided. MOTION by Sharp; SECOND Law to grant Conditional Use Permit 96-1 With no review penod. SUBSTITUTE MOTION by Dahlman; SECOND by Hood to approve ResolutIon No. 96-30, . thus granting ConditIonal Use Permit 96-1 with a one year review penod. VOTE ON SUBSTITUTE MOTION: SUBSTITUTE MOTION CARRIES: Dahlman, Hood, Law, Brown Sharp 4-1-0 A YES: NOES: Mr. Steele indicated the ten calendar-day tomorrow. the Commission's appeal period action to the is final tonight and City Council wIll thus begin *** 10. Conditional Use Permit 94-1 Address: 600 Marina Drive Business: Radisson Inn Applicant: Saga International Hospitality, Inc. Agent: Mario Bambuca, General Manager Property Owner: Saga Seal Co., Ltd. . Page' . city or Se8J BeadlI'IaJudac COIlllllluWD MiDutes or July 17, 19!16 . Staff Re,port . . Mr. Curtis delivered the Staff Report. [Staff Report on file in the Planning Department]. The applicant requested approval of an indefinite extension for a land use entitlement for an alcohol- related land use at 600 Marina Drive. Specifically, the entitlement allows the sale of beer, wme and distilled spints from in-room refrigerators. The City has not received any complaints regarding this site or comments in response to the mailed legal Notice. Staff recommended approval of the request subject to 17 Conditions of Approval as outlined in the proposed resolutlon. Commission Ouestions on Staff Re.port Chairman Brown questioned Condition of Approval #8: It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholIC beverages wzth the knowledge and skills that WIll enable them to comply wzth thezr responsibilities under State law ... . The Chair asked if the in-room refngerators were stocked by the cleaning personnel? He wondered if this was really being done or are there employees simply putting beer into the refrigerators? Mr. Curtis replied the hotel had representatives from the Department of Alcoholic Beverage Control's L.E.A.D. program to the hotel to counsel their employees. The Chair said these employees, by the nature of the jobs, come and go. He asked If there were a contlnuing education process in place? Mr. Curtis said he would defer to the apphcant who is present. Public Hearing Sally Braden * Director of Sales. Radisson Inn. Seal Beach Ms. Braden introduced herself and explamed she was representing Mano Bumbaca, the Inn's manager. Ms. Braden explained their Supervisor of Housekeeping IS responsible for restoclang the in-room refrigerators; she has been employed at the Radlsson Inn for ten years and has been educated in how to restock the refrigerators. All their housekeeping staff has been on-the-job for five years or more. This is a matter of checlang the refngerators to see whether they have been used and restocking them. Chairman Brown said he wasn't questIoning the skill it takes to restock the refngerators but was instead questioning staff on Condition #8. He wondered whether this Conditlon was being followed. He was not in favor of setting "paper" conditions in place. Director Whittenberg explained that if the City were to expenence complaints about improper operation of the facility, staff could indicate Condition of Approval #8 may be bemg violated. The hotel would need to have the necessary traimng to try to resolve the problem. He felt It is a valuable condition to retain. The Chair said he did not disagree. . . . ....e 7 - City of Seal Beach I'IanD1og C0lJllDl881on Minutes of July 17, 1996 Ms. Braden said the Housekeeping SupervIsor will abide by any training which the Commission feels they need to abide by in order to keep theIr ABC license. Mario Bumbaca IS keen on what has to be done and they do supervise theIr staff. The liquor is locked up and there IS only one key to that cabinet. Chairman Brown asked if the hotel has a way to venfy they do not give the key to mmors? Ms. Braden said minors cannot check into the hotel without parental supervIsIon. Keys are only given to those who have credit cards on file with the hotel. There were no persons wishing to speak for or against the apphcation and the Chair closed the Public Hearing. Commission Comments Commissioner Law said she favored an mdefinite extension as there have been no problems. Commissioner Hood said he had no problems with an mdefinite extension. Commissioner Dahlman said the in-room refngerators were a much more controversIal issue at its inception rather than they are now, at the indefinite extension. This IS a compliment to the Inn's management. He noted it would become a big Issue if there were problems 10 the future. MOTION by Sharp; SECOND by Law to approve Resolution No. 96-31, thus approvmg an indefinite extension of Conditional Use Permit 94-1, subject to 17 Conditlons of Approval. MOTION CARRIED: A YES: 5-0-0 Sharp, Law, Dahlman, Brown, Hood *** 11. Zoning Text Amendment 96-6 [From Planning Commission meeting of 2-7-96] Address: City-wide Applicant: City of Seal Beach Staff Report Mr. Curtis presented the staff report. [Staff Report on file 10 the Planning Department]. The request is for the Planning CommIssIon to consider Setback Exemptlons for Plant-Supporting Structures. Pace' . CII.7 or Seal Beach l'IaDaIag Commission MiDutell or July 17. 1996 . Commission Ouestions on Staff Report . '. Commissioner Dahlman asked if the Commission, having discretion over the Minor Plan Review process on design issues, would also have authority to consider safety Issues? There are some locatIons were too large a trellis could cause a safety problem. Mr. Curtis said yes. If an application did not pose safety concerns, met the size requIrements and was aesthetically acceptable, the application could be approved on the Consent Calendar. However, if the Commission did have concerns, the item could be pulled from the Consent Calendar and discussed. Staff envIsions these structures as generally not controversial. Chairman Brown asked what the historical intent was of not allowing these structures by muniCIpal Code? Mr. Whittenberg explained he was not certaIn there was a partIcular reason. Most CIty ordinances don't allow these In the front yard setback area. Codes usually do not allow structures higher than a standard heIght of 36" to 42". The maIn Idea is for safety concerns. Keeping the street view of the property open to pubhc view, wIthout structures close to the sidewalks, is a safety feature. It's advisable not to construct hIgh walls around the front of the house where it mIght be easy for a burglar to break into the home wIthout beIng VIsIble to the street. He explained that cities do copy ordinances from one another. He was not sure of the historical background on this. Chairman Brown asked if there were any local cities allowing such plant-supportIng structures? Mr. Whittenberg said the following CIties do allow them: Huntington Beach, Newport Beach. They are usually a covered arch over the entrance walkway. Some citIes will allow 8' walls In the front yard; these are usually in planned commumties. He was not sure that would be a wise choice here. This is why staff IS recommending something small and open but somethIng that would allow a little architectural design. Mostly the homeowners are lookIng at different garden arrangements to accent the house. Chairman Brown asked how staff arrived at 18 square feet? Mr. Whittenberg SaId this would allow a structure 6' in width, allowing room to span a 4' wide walkway with some type of arbor structure. No deeper than 3' as you would not want to create a tunnel effect in the front yard area. Some cities probably do not allow that deep of a structure. While he had not seen the actual code requirement from the City of Newport Beach, most of those structures are 1.5' to 2' deep. The suggested figures in the staff report are a best estimate from staff's point of view. Chairman Brown said the reSIdent from Manna Hill who origInally spoke on this subject had an extensive arbor. Mr. Whittenberg said his plant supportIng structure would not qualify under these regulations. Mr. Curtis said his structure was approxImately 12' X 6' and It is bUIlt next to the dnveway. The Chair said it would be his preference, with a Commission consensus, to have staff come back with some guidelines and photographs of the structures staff has In mInd. The CommIssIon wants to know exactly what It'S votIng on. . . . Pqe , - cltJ or Se8l Be8cII PIamJiua ColDlllisalon Minutes or July 17. 1!l96 Commissioner Sharp said Commissioner Law will have no such structures in Leisure World and he will have a little of College Park West and Rossmoor Park apartments. He has had no calls from anyone on this issue. Commissioner Hood said that in listening to the conversation that a blanket prohibition IS deadening, that a blanket approval would lead to creative anarchy. The obvious thing to do is to request City staff to draft a proposed resolution and bring It back. It seemed obvious the Commission was not prepared tonight to discuss the size of any structure, just the princIpal. The principal he thought was quite sound. He asked the Chair how this could be accomplished? Chairman Brown said the Commission can ask City staff to come back with proposed regulatIons. Mr. Steele advised the Chair he must open the PublIc Hearing. The Chair opened the Public Hearing. There were no persons wishing to speak for or against the matter. MOTION by Dahlman; SECOND by Hood to continued the Public Hearing on Zoning Text Amendment 96-6 to the August 7, 1996 Planning Commission meeting. MOTION CARRIED: A YES: 5-0-0 Dahlman, Hood, Brown, Sharp, Law Mr. Whittenberg adVIsed the August 7th meetmg is three weeks from tonight, not the usual two weeks. STAFF CONCERNS 12. Closure of Denny's Restaurant, 941 Pacific Coast HIghway, Seal Beach. Mr. Curtis said Denny's has closed and the Shore House Cafe is coming in. They will continue with the ABC license which Denny's carried for general liquor on-site. They will also be coming in for approval of a CUP to operate 24-hours per day. Mr. Curtis presented a City plaque on behalf of the EnVIronmental QUalIty Control Board to Commissioner Hood for six years of dedIcated service on the Environmental Quality Control Board from 1991 to 1996. Mr. Whittenberg said Commissioner Dahlman came on the CommIssIon Just after he had started working for the City. He said he has enjoyed working with Dr. Dahlman over the years, addmg "I think sometimes we have not totally agreed on how to get to a particular pomt, but I thlOk in the end very good decisions have been made by the Planmng Commission based on your Pqe 10 - City of Seal Beach I'IaDaIDc COJlllllll8ioIl MiIlutes or July 17, 19!16 . leadership and I appreciate that. I appreciate the time, and I know our staff appreciates the time, that you have spent in reviewing the work that we provide to you ... thanks very much". COMMISSION CONCERNS Chairman Brown asked about the Agenda Forecast. He wanted to know the status of 909 Ocean Avenue - E1 Burrito Jr. Mr. Curtis explained they are in the process of puttmg together their application and they should have it complete by the end of this week. Staff hopes to schedule a hearing by August 7th. If the application is not turned in, staff Will schedule revocatlon of CUP proceedings for August 21st. ADJOURNMENT Chairman Brown adjourned the meetmg at 8:25 p.m. Respectfully Submitted, ~ ~ Fillmann . Recording Secretary '<l!! APPROVAL: The Planning Commission Minutes of July 17, 1996 were approved on August _,1996._ .