HomeMy WebLinkAboutPC Min 1999-06-09
City of Seal Beach Planning Commission. Agenda of June 9 1999
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City of Seal Beach Planning Commission
June 9, 1999 Agenda
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 is 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.
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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 May 5, 1999.
VI. PUBLIC HEARINGS
2. Conditional Use Permit 99-3 (Continued from April 21, 1999)
140 Main Street
ApplicanUOwner:
Business:
Request:
Brian Kyle
O'Malley's on Main
To permit a fully enclosed, uncovered outdoor dining area of
340 square feet at the rear of the existing restaurant structure
between the restaurant and an existing detached two-car
garage/apartment above structure, in accordance with the
provisions of Section 28-1251.1.c.
Approval subject to conditions, adopt Resolution No. 99-7
Recommendation:
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City of Seal Beach Planning Commission. Agenda of June 9 1999
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3.
Conditional Use Permit 99-5
Lot 8, Tentative Tract Map 1-5767
Retail "E", Bixby Old Ranch Town Center
Applicant/Owner:
Business:
Request:
Recommendation:
Save-On Drugs I Bixby Ranch Company
Save-On Drugs
For permit to sell beer, wine, and liquor for off premises
consumption in conjunction with a general retail and pharmacy
establishment.
Approval subject to conditions, adopt Resolution No. 99-15
4. Conditional Use Permit 99-6
1013 Pacific Coast Highway
Applicant/Owner:
Business:
Request:
Recommendation:
VII. STAFF CONCERNS
VIII. COMMISSION CONCERNS
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IX.
ADJOURNMENT
',---,
Sook & Tae Sung I The Geigerich Company
Pietro's Pizza
To implement the sale of beer and wine at an existing
restaurant for on premises consumption only.
Approval subject to conditions, adopt Resolution No. 99-16
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of June 9, 1999
Chairman Brown called the regularly scheduled Planning Commission meeting of June
9, 1999 to order at 7:30 p.m. The meeting was held in the City Council Chambers and
began with the Salute to the Flag.1
ROLL CALL
Present:
Chairman Brown
Commissioners Hood and Larson
Also
Present:
Department of Development Services
Lee Whittenberg, Director
Quinn Barrow, City Attorney
Mac Cummins, Assistant Planner
Absent:
Commissioners Cutuli and Lyon
Mr. Whittenberg stated that both Commissioners Cutuli and Lyon had called to request
to be excused from the meeting.
MOTION by Larson; SECOND by Hood to excuse Commissioners Cutuli and Lyon.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0
Brown, Hood, and Larson
None
Cutuli and Lyon
AGENDA APPROVAL
MOTION by Hood; SECOND by Larson to approve the agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0
Brown, Hood, and Larson
None
Cutuli and Lyon
1 These Minutes were transcribed from an audiotape of the meeting.
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City of Seal Beach Planning Commission
Minutes of June 9, 1999 Meeting
ORAL COMMUNICATIONS
Chairman Brown opened oral communications.
Rea Clewlev
Mr. Clewley stated that he wanted to discuss the minutes of Planning Commission
meeting of May 5, 1999. He stated that at that meeting he had expressed his objection
to not having received a copy of the Staff Report on Ordinance 1419. He pointed out
that this Staff Report was not listed on this evening's agenda, and that the report
needed to be received and filed. He stated that information was being surpressed and
that although the Planning Commission meeting of May 19, 1999 had been canceled
due to lack of business, Mr. Clewley stated that there, in fact, had been some very
important business to discuss: Ordinance 1419. He reported that there were many
"unsafe, illegally constructed structures" along Crestview, Catalina Avenue, and Surf
Place, which he stated had been built without the benefit of building permits or adequate
inspections. He described some residents of Surf Place as simply having taken over
their neighbor's property in constructing these structures. He described some of the
structures as being positioned in such a way that it would be possible for an individual
standing on a deck structure to fall and land on a neighboring property, possibly
sustaining injury, making the neighbor liable for any injuries. He said that this was a
very serious situation, and that although Ordinance 1419 officially became an ordinance
as of this date, there were no requests for Minor Plan Reviews for any of the offending
property owners. Mr. Clewley stated that he wished to register a complaint against the
property owners at 955 Catalina Avenue and 1733 Crestvierw, who he believes are in
violation of Ordinance 1419. He stated that within 30 days he wished to have
inspections completed by the City. He said that he also wanted to have inspections of
these properties completed by an independent inspector from outside the jurisdiction of
the City of Seal Beach, to ensure that they are carried out "in a conscientious and
thorough manner, with no safety violations overlooked." He stated that the Planning
Commission was being "kept out of the loop" regarding Ordinance 1419.
Mr. Jerry Marshall, a resident of 1 oth Street, Seal Beach, inquired whether Item 2,
Conditional Use Permit 99-3 would be discussed tonight. Chairman Brown responded
that he believed that item was to be continued to the next meeting, and that the agenda
should have been amended accordingly. Mr. Whittenberg stated that Staff was
recommending that the matter be continued to the first Planning Commission meeting in
July 1999. He stated that the applicant felt that he would have more information
available at that time.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of May 5, 1998
MOTION by Hood; SECOND by Larson to approve the Consent Calendar as presented.
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City of Seal Beach Planning Commission
Minutes of June 9, 1999 Meeting
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0
Brown, Hood, and Larson
None
Cutuli and Lyon
PUBLIC HEARINGS
1. Conditional Use Permit 99-3
140 Main Street
ApplicanUOwner:
Business:
Request:
Brian Kyle
O'Malley's on Main
To permit a fully enclosed, uncovered outdoor dining area of 340
square feet at the rear of the existing restaurant structure between
the restaurant and an existing detached two-car garage/apartment
above structure, in accordance with the provision of Section 38-
1251.1.c.
Mr. Whittenberg stated that this matter was to be continued to the Planning Commission
meeting of July 7, 1999. He stated that the applicant felt that he would have more
information available at that time.
2. Conditional Use Permit 99-5
lot 8, Tentative Tract Map 1-5767
Retail "En Bixby Old Ranch Town Center
ApplicanUOwner:
Business:
Request:
Sav-On Drugs / Bixby Ranch Company
Sav-On Drugs
For permit to sell beer, wine, and liquor for off premises
consumption in conjunction with a general retail and pharmacy
establishment.
Staff Report
Mr. Cummins delivered the staff report. (Staff report is on file in the Planning
Department for inspection.) He stated that on April 26, 1999, Eric Hull filed an
application on behalf of American Stores Properties, Inc., representing Sav-On Drugs.
Using a map of the area, Mr. Cummins indicated the proposed site for the Sav-On
Drugs being located 105 feet east of Seal Beach Boulevard, just north of St. Cloud. The
applicant is requesting to sell beer, wine, and liquor for off premises consumption. The
City Council approved the appropriate resolutions and adopted the appropriate
ordinance to allow this land use on November 23, 1998. The surrounding land uses
include on the north a recently approved vested tract map for 75 single-family homes; to
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City of Seal Beach Planning Commission
Minutes of June 9, 1999 Meeting
the south and to the east is the Bixby Old Ranch Golf Course, and to the west is the
Rossmoor Shopping Center. Mr. Cummins stated that Staff has received no comment,
written or otherwise, in response to this request, and that Police Captain Gary Maiten
has reviewed the application and recommends its approval. As a note of background,
on December 9, 1998, the Planning Commission approved the drive-thru pharmacy at
this location through the adoption of Resolution 98-45. The proposed Save-On will
occupy a space of approximately 14,484 square feet. Staff believes that this use is
appropriate for the site based on the following:
1. Overall design of the shopping center and its location on Seal Beach Boulevard.
2. The nearest residential development is over 200 feet away from Seal Beach
Boulevard.
3. Conditions of approval already imposed upon this project by the City.
Mr. Cummins explained that the zoning allows commercial activity within the city to
operate between the hours of 6:00 a.m. and 2:00 a.m. by right, with additional hours
through a conditional use permit. A conditional use permit was granted to Sav-On
Drugs for 24-hour operation through approval of CUP 98-16. Mr. Cummins stated that
issues had arisen in the past in the City with regard to over concentration of Alcohol
Beverage Control (ABC) licenses. He explained that the method for generating over
concentration figures was to take the total number of ABC licenses in the county and
divide that number by the total population of the county to generate a ratio. The current
ratio for Orange County off sale licenses is 1 for every 1,582 residents. Given that ratio,
the census tract that subject property falls into would allow 4 off sale licenses. Currently
in that census tract there are none.
Staff recommendation is to approve CUP 99-5 subject to conditions. The findings are
that CUP 99-5 is consistent with the land use element of the general plan. The building
and property are adequate in size, shape, topography, and location to meet the needs
of the proposed use; and sale of beer, wine, and spirits for off premises consumption, if
properly conditioned and enforced, is compatible with the character of the surrounding
area. Adoption of CUP 99-5 should be through the adoption of Resolution 99-15.
Public Hearina
Chairman Brown opened the public hearing.
Eric Hull stated he was a representative of Land Entitlement and Development
Services, Inc. who have assisted Sav-On with processing of development requests and
due diligence. Mr. Hull stated that Sav-On wished to sell alcoholic beverages to its
customers and was requesting a license to do so. He said he would be happy to
answer any questions regarding Save-On's request to sell beer, wine, and spirits for off
site consumption. Mr. Hull then asked if all commissioners had received a copy of Sav-
On Drugs' policy information on the sale of alcoholic beverages.
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City of Seal Beach Planning Commission
Minutes of June 9, 1999 Meeting
Commissioner Hood asked if Mr. Hull had seen the conditions recommended by Staff.
Mr. Hull responded that he had and that he had shared them with Sav-On Drugs and
they agree to the conditions.
Reg Clewley began his statement by introducing himself as "living in the community"
and implied that by not identifying where in the community he lived brought into
question whether his comments would have any bearing on the subject matter.
Chairperson Brown asked to interrupt Mr. Clewley to explain that it had been City
Council's decision to not have individuals addressing the Planning Commission or the
City Council give their address. City Attorney Quinn Barrow explained that a court case
of approximately 20 years ago stated that you could not require citizens to reveal the
precise location of their residence. He stated that although it had been a practice of
City Council and Planning Commission to ask people where they live, if they chose not
to state their address they were not required to do so. Mr. Whittenberg stated that at
Planning Commission people were asked their street address. Mr. Barrow stated that
although the question could be asked, people could decline to respond. Mr. Clewley
stated his opposition to the previous speaker (Mr. Hull) not giving his name or address
prior to addressing the Planning Commission. Chairperson Brown said that Mr. Hull
had given his name. Mr. Clewley stated that it was his understanding that the applicant
for CUP 99-5 was supposed to be present and that he understood the applicant to be
Ron Bradshaw, and that he was not there to present his case. He stated that the
Planning Commission had been lied to and that the record should reflect that the
applicant was not present. He said that there were plenty of liquor distribution outlets in
Seal Beach, in particular in that section of the city, and that Sav-On Drugs intended to
put the Rite-Aid Drug Stores out of business. Mr. Clewley stated that this was also a
move to put the Rossmoor Center out of business. He stated that Rite-Aid was
encouraging people to use the beach by offering special bargains on sun tan lotion. Mr.
Clewley said that he had experienced difficulty in filling prescriptions at the Sav-On
Drugs on Pacific Coast Highway and that Sav-On did not have a history of providing
good service to consumers. He said that an application for an injunction had been filed
against this proposed land development, and that it was entirely inappropriate to
approve "this wholesale distribution of excess alcohoL" Mr. Clewley stated that
approval of this CUP would not be in the best interest of anyone in Seal Beach. He
recommended that the Planning Commission withhold judgement on this item for at
least two weeks while the court made a decision on the above-mentioned injunction.
Commissioner Hood moved to approve Resolution 99-15. Chairperson Brown stated
that motion to approve could not be made, as the public hearing was still open.
Commissioner Larson inquired when the public hearing on this item would be closed.
Chairperson Brown stated that the applicant had to be given the opportunity to respond
to Mr. Clewley's remarks. Applicant chose not to respond.
MOTION by Larson; SECOND by Hood to approve Conditional Use Permit 99-5 to
permit the sale of beer, wine, and liquor for off premises consumption in conjunction
with a general retail and pharmacy establishment, and adopt Resolution 99-15 as
presented by Staff.
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City of Seal Beach Planning Commission
Minutes of June 9, 1999 Meeting
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0
Brown, Hood, and Larson
None
Cutuli and Lyon
Mr. Whittenberg stated that for the record, there is a ten-day calendar appeal period to
the City Council. The Commissioner action is final tonight and the appeal period begins
tomorrow morning.
Public Hearina
3. Conditional Use Permit 99-6
1013 Pacific Coast Highway
ApplicanUOwner:
Business:
Request:
Sook & Tae Sung I The Geigerich Company
Pietro's Pizza
To implement the sale of beer and wine at an existing restaurant for
on premises consumption only.
Staff Report
Mr. Cummins delivered the staff report. (Staff report is on file in the Planning
Department for inspection.) Mr. Cummins identified Pietro's Pizza as being a single
story building that is part of the Bay Center Shopping center located between Pacific
Coast Highway, Bolsa Avenue, and Balboa Street. He identified the surrounding land
uses of this shopping center to the north as low density housing; to the south a mix of
commercial zone C-2 and residential high density housing; to the east there is
residential low density housing, and to the west a mix of commercial zone C-2 and
residential low density. Mr. Cummins said the nearest residential housing was over 100
feet to the rear of the establishment, with a 6%-foot block wall separating the houses
from Bolsa Avenue with no direct access to the street. The city has previously
approved 4 actions regarding liquor sale at this location. The first was Use Variance
3-71 in August of 1971, which permitted the sale of beer and wine on the premises
during the weekday hours of 11 :00 a.m. to 9:00 p.m., and on Saturdays from 11 :00 a.m.
to 10:00 p.m. A renewal of that variance was granted in 1972 through Use Variance
5-72. Mr. Cummins stated that an extension to that use variance was granted in 1974
through Use Variance 3-74. This is where action stopped until Conditional Use Permit
95-1 was approved changing the hours of operation from 11 :00 a.m. to 11 :00 p.m. daily,
operating with sale of liquor during these hours. The seating capacity of the restaurant
is 44 persons with 4 tables located outside on the front patio with a seating capacity of
12 persons. No beer is to be sold to customers sitting on the front patio. Mr. Cummins
stated that Police Captain Gary Maiten had reviewed the application and recommended
approval. Mr. Cummins stated that the reason a new conditional use permit was
necessary was because the previous owner had surrendered the Alcohol Beverage
Control (ABC) license in October 1998, and in order to acquire a new ABC license a
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City of Seal Beach Planning Commission
Minutes of June 9, 1999 Meeting
new Conditional Use Permit is required. He stated that ABC had informed Staff that
Pietro's Pizza had met all requirements and ABC was awaiting approval before issuing
this license. No extraordinary demand for law enforcement services to Pietro's has
resulted from land use during its 30 years of operation. Staff has received no
comments, written or otherwise, in response to this application. Mr. Cummins conveyed
the method for generating over concentration figures for ABC licenses by taking the
total number of licenses in the county and dividing that number by the total population of
the county to generate a ratio. The current ratio for Orange County for on-sale licenses
is 1 for every 939 residents. Given that ratio, the census tract where subject property is
located allows 3 on-sale licenses. Currently in that census tract there are 4. Staff
recognizes that this is an over-concentration within the census tract, however, a
restaurant has operated there serving beer and wine for nearly 30 years with no
problems. In addition, if the prior owner had not surrendered his alcohol license last
October, the new owner could not even apply for a CUP. Mr. Cummins then displayed
several photos of Pietro's Pizza and stated that Staff recommendation was for approval
subject to conditions. Findings are that CUP 99-6 is consistent with the land use
element of the general plan. The building and property are adequate in size, shape,
topography, and location to meet the needs of the proposed use; and on-premises sale
of beer, wine, if properly conditioned and enforced, is compatible with the character of
the surrounding area. Adoption of CUP 99-6 would be through the adoption of
Resolution 99-16.
Commission Questions to Staff
Chairperson Brown asked why the previous owner had surrendered the ABC license.
Mr. Cummins stated that after making inquiry into this issue, the best answer that he
received from the current applicant was that the previous owner probably thought that
there might be a problem and did not want to risk losing the license altogether. Mr.
Cummins stated that he was not able to contact the original owner. Mr. Whittenberg
stated that Staff was uncertain as to why the license was surrendered, and said that it
was very rare for a business owner to do so as the license was fairly valuable to the
business. Chairperson Brown asked if the license had been surrendered prior to the
sale of the business or while the sale was in escrow. Mr. Whittenberg responded that
Staff did not have this information, but that the license was surrendered in late 1998.
Chairperson Brown asked if the conditions were the same as for the previous license, or
if these were just standard conditions. Mr. Whittenberg stated that they were standard
but that there were special conditions that had been added, for example, Condition #5,
which states that alcoholic beverages cannot be sold to patrons using the outside dining
tables. He stated that the majority of the conditions were generally standard conditions.
Commissioner Larson referred to the text for proposed Resolution 99-16, Section 6,
Condition No. 25, which references back to Condition No. 13, and should refer back to
Condition No. 15, relating to alcoholic beverage service. Mr. Whittenberg stated that
the referenced condition number would be corrected.
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City of Seal Beach Planning Commission
Minutes of June 9, 1999 Meeting
Chairperson Brown asked how long it took to surrender an ABC License. Mr.
Whittenberg stated that he did not know. Chairperson Brown asked about what the
process involved. Mr. Whittenberg stated that he was not able to answer this question.
He stated that licensing was processed through ABC and he did not know what was
involved in the procedure.
Public Hearina
Martha Hernandez, spoke on behalf of the applicant. She stated that it was the hope of
the owners that the Planning Commission would approve CUP 99-6 to permit the on-
site sale of beer and wine at Pietro's Pizza. She stated that the sale of alcoholic
beverages at Pietro's would not contribute to the degeneration of the surrounding
neighborhood. The main goal would be to have the option of serving beer and wine to
compliment the meals. She stated that the owners had no objections about the
conditions, and that there would be no serving of alcoholic beverages to outside diners
at any time. She added that being able to serve alcohol along with good food would
increase the success of the business. Regarding surrendering an ABC license, Ms.
Hernandez stated that the owner simply returns the license to ABC and signs a form
stating the desire to surrender the license.
Chairperson Brown inquired of Ms. Hernandez if she knew of the reason for the
previous owner surrendering the ABC license. She stated that the previous owner had
another restaurant in Huntington Beach with a separate ABC license and he did not
have time to oversee Pietro's Pizza. She stated that the previous owner was concerned
with the possible sale of alcohol to minors at Pietro's and because he could not oversee
this personally, he chose to surrender the license. She stated that, unfortunately, he
surrendered the license in October 1998 and did not sell the restaurant until April 1999.
Chairperson Brown stated that the business would be worth more with the license.
Rea Clewlev
Chairperson Brown reminded Mr. Clewley that he was limited to 5 minutes to express
his opposition to this item. Mr. Clewley stated that he was not particularly opposed to
this request, but stated that the restrooms were not accessible to the handicapped and
he wanted to request that CUP 99-6 include the condition that the restroom be brought
up to code.
Commission Questions to Staff
Commissioner Hood asked if the restrooms were not accessible to the handicapped.
Mr. Whittenberg stated that this would be a discretionary decision of the Planning
Commission by provision of law, and it is not required that it be imposed as a condition
of this type of a use request. Mr. Whittenberg gave the example of an applicant wanting
to remodel the interior of a restaurant, and stated that this scenario would present a
condition where making the restrooms accessible to the handicapped would then be
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City of Seal Beach Planning Commission
Minutes of June 9, 1999 Meeting
required. He stated that in this case the owners were not proposing to do anything
physically to the structure.
Chairperson Brown stated that for clarification he wanted to make the distinction that in
this situation this was a pre-existing restaurant that hadn't changed the character of the
restaurant. It had an ABC license, and if the new owner came up with a new request,
that request would be treated in a different manner.
MOTION by Larson; SECOND by Hood to approve Conditional Use Permit 99-6 to
implement the sale of beer and wine at an existing restaurant for on premises
consumption only, and adopt Resolution 99-16 as presented by Staff, with a correction
to the referenced condition from "13" to "15" in Condition 25.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0
Brown, Hood, and Larson
None
Cutuli and Lyon
Mr. Whittenberg stated that for the record, there is a ten-day calendar appeal period to
the City Council. The Commissioner action is final tonight and the appeal period begins
tomorrow morning.
STAFF CONCERNS
Mr. Whittenberg stated that for the record, Commissioner Lyon was not present tonight
because he had a cold and was running a high temperature, and his wife had
experienced a stroke on Sunday evening and had been hospitalized.
Mr. Whittenberg informed the Planning Commission that the new permanent Executive
Secretary for the Planning Department was Carmen Alvarez who would be providing
administrative support.
COMMISSION CONCERNS
Chairperson Brown introduced a letter received regarding O'Malley's on Main Street,
and requested that it be included in the Staff Report. Mr. Whittenberg stated that all
communications would be included in the Staff Report for this application before being
presented again to the Planning Commission.
Chairperson Brown informed the commission that Commissioner Cutuli was absent
tonight because he was attending his daughter's high school graduation ceremony.
Commissioner Hood asked if there was any mail to be distributed to the commissioners.
Mr. Whittenberg stated that to his knowledge there was none other than what was
distributed this evening. Commissioner Hood stated that his councilperson had written
a memorandum to the City Manager, the City Planner, and to the City Attorney, with
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City of Seal Beach Planning Commission
Minutes of June 9. 1999 Meeting
copies to go to the Planning Commissioners and the engineer. He requested
permission to distribute copies of this information. Mr. Whittenberg stated that copies
were delivered to the Planning Department by the City Clerk's office and his
understanding was that copies were to be distributed from the City Clerk's office. He
apologized for the miscommunication. Commissioner Hood stated that the question
raised by his councilperson was about Vesting Residential Tentative Tract Map No.
15797 and whether it was congruent with what was approved by the City Council in
November. He stated that on November 23, 1998, the City Council approved plans for
a rectangular parcel and that the tract map reflected an L-shaped parcel. Mr.
Whittenberg stated that the City Manager had requested that the Planning Department
prepare a response to the council member's memo and was in the process of
completing this response.
Commissioner Larson asked whether the Planning Commission was planning a
presentation in recognition of Craig Steele's service to the City of Seal Beach. Mr.
Steele will now be serving as the City Attorney for the City of Thousand Oaks and will
be transitioning out of his position as Assistant City Attorney to the City of Seal Beach.
Quinn Barrow stated that Mr. Steele would probably be in attendance at the July 7
Planning Commission meeting. Currently he is experiencing a schedule conflict with the
City Council meetings in Thousand Oaks. Mr. Barrow stated that the problem with
staffing of counsel for the City of Seal Beach Planning Commission meetings would be
resolved as soon as possible. He stated that he would talk with Mr. Steele tomorrow to
determine if he would be present at the July 7 meeting, and the presentation could then
be planned accordingly.
ADJOURNMENT
Chairman Brown adjourned the meeting at 8:21 p.m.
Respectfully Submitted,
~~
Carmen Alvarez
Executive Secretary
Planning Department
APPROVAL
The Planning Commission Minutes of June 9, 1999 were approved by the Commission
on June.ll., 1999. ~
10