HomeMy WebLinkAboutPC Min 1999-03-17
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for March 17, 1999
District 1 - Brian Brown
District 2 - John Larson
District 3 - Len Cutuli
District 4 - David Hood
District 5 - Thomas Lyon
Department of Development Services
Lee Whittenberg, Director
Craig Steele, Assistant City Attorney
Maryann DeHaven, Planner, Willdan & Associates
Q City Hall office hours are 7:00 a.m. to 6:00 p.m Monday through Thursday
and Friday 8:00 a.m. to 4:00 p.m. Closed noon to 1 :00 p.m.
Q The City of Seal Beach complies with the Americans with Disabilities Act
If you need assistance to attend this meeting please telephone the City
Clerk's Office at least 48 hours in advance of the meeting (562) 431-2527
Q Planning Commission meetings are broadcast live on Seal Beach TV3
They are rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m
Q Videotapes of Planning Commission meetings may be purchased from
Seal Beach TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
Q
Copies of staff reports and/or written materials on each agenda item are
on file on the Department of Development Services and CIty libraries for
public inspection.
City of Seal Beach Planning Commission. Agenda of March 17, 1999
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PLANNING COMMISSION AGENDA INFORMATION SHEET
The following is a brief explanation of the Planning Commission agenda
structure:
AGENDA APPROVAL: The Planning Commission may wish to change the order
of the items on the agenda.
ORAL COMMUNICATIONS: Anyone wishing to address the Planmng
Commission, only on items not on tonight's agenda, may do so during thiS time
period. No action can be taken by the Planning Commission on these
communications on this date, unless agendized.
PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to
speak in favor of or against agendized items. More detailed information is found
in the actual agenda attached. If you have documents to distribute, you should
have enough copies for all Planning Commissioners, City staff and the public.
Please give one to the secretary for the City files. The documents become part
of the public record and will not be returned.
. CONSENT CALENDAR: Consent Calendar items are considered routine items
that normally do not require separate consideration. The Planning Commission
may make one motion for approval of all the items listed on the Consent
Calendar.
SCHEDULED MATTERS: These items are considered by the Planning
Commission separately and require separate motions. These transactions are
considered administrative and public testimony is not heard.
STAFF CONCERNS: Updates and reports from the Director of Development
Services (Planning and Building Departments) are presented for information to
the Planning Commission and the public
COMMISSION CONCERNS: Items of concern are presented by the Planning
Commissioners and discussed with staff.
All proceedings are recorded.
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City of Seal Beach Planning Commission. Agenda of March 17, 1999
City of Seal Beach Planning Commission
March 17, 1999 Agenda
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. AGENDA APPROVAL
Next Resolution: 99-02
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
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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.
2.
1. Approve Planning Commission Meeting Minutes of February 17, 1999.
Plan Review 99-1
Address:
Applicant:
Request:
Recommendation:
3.
Plan Review 99-2
Address:
Applicant:
Request:
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Recommendation:
235 8th Street
Bruce Boehm
To construct a 400 square foot addition to an existing
non-conforming (based on parking) four-unit building.
Approval, subject to conditions.
1207 Ocean Avenue
Laura Nunez-Westhoven
Addition of 39 feet to the existing residence and
conversion of the existing dining room into a front porch
(a reduction of 124 square feet). The resulting square
footage difference Will be a reduction of 85 square feet.
Approval, subject to conditions.
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City of Seal Beach Planning Commission. Agenda of March 17, 1999
VI. PUBLIC HEARINGS
4. Conditional Use Permit 96-1 (Renewal)
13960 Seal Beach Boulevard
Applicant:
Property Owner:
Business:
Request:
Recommendation:
VII. STAFF CONCERNS
VIII. COMMISSION CONCERNS
IX. ADJOURNMENT
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Pacific Food Services, Inc. (DBA Seal Beach Market)
Frank H. Ayres and Son, Ltd. Partnership
Seal Beach Market
The applicant is requesting an indefimte extension to the
original approval for the sale of beer wine and distilled
spirits. The renewal is based on a twelve-month review
as required in the original approval.
Approval, subject to conditions.
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City of Seal Beach Planning Commission · Agenda of March 17, 1999
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1999 Aaenda Forecast
APR 07 CUP No 98-8 at 12161 Seal Beach Boulevard Champs for a 12 month review
Plan ReView No 99-3 at 1531 Seal Way for an addition/remodel
Height Vanatton No 99-1 at 47A Surf side Avenue for an addition (dog house)
APR 21
MAY 05
MAY 19
JUN 09
JUN 23
JUL 07
JUL 21
AUG 04
AUG 18
SEP 08
SEP 22
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OCT 06
OCT 20
NOV 03
NOV17
DEC 08
DEC 22
TO BE SCHEDULED:
Q Study Session. Three-story structures on Main Street
a Study Session: Height Limits in Commercial Zones (P. Campbell 7/27/98)
a Study Session: Permitted Uses & Development Standards In Commercial Zones
(5/6/98)
a Study Session: Seal Beach Boulevard (from 10n/98)
a Study Session: Anaheim Bay Villas (from 10n/98)
a Staff Report. Undergrounding of Utilities
And Beyond
Calendar:
CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan GnlQ Review (ApnI2001)
ADA handicapped-accessible restrooms (April 2001)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of March 17, 1999
Chairman Brown called the regularly scheduled Planning Commission meeting of March
17,1999 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 Larson and Hood
Also
Present:
Deoartment of Develooment Services
Lee Whittenberg, Director
Craig Steele, Assistant City Attorney
Maryann DeHaven, Planner
Absent:
Commissioners Cutuli and Lyon
Mr. Whittenberg explained staff had spoken with Commissioner Lyon who indicated he
remains ill and could not be present tonight. Mr. Whittenberg also stated that he had
not heard from Commissioner Cutuli regarding his absence.
MOTION by Hood; SECOND by Larson to excuse Commissioner Lyon's absence
tonight.
MOTION CARRIED:
AYES:
ABSENT:
3-0-2
Brown, Hood and Larson
Cutuli and Lyon
AGENDA APPROVAL
Item number 2 (Minor Plan Review 99-1) was removed because it was not noticed
properly. Mr. Whittenberg explained that notices will be sent out again and that the item
should be continued to the next regularly scheduled meeting of April 7, 1999. Mr.
Whittenberg reminded the Commission that they could not discuss item number 2 since
it was not properly noticed.
A request from the audience to remove item 1 was received. Chairman Brown agreed
to remove item number 1 and to continue item number 2 to the next regularly scheduled
meeting of April 7.
1 These Minutes were transcribed from an audiotape of the meeting.
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City of Seal Beach Planning Commission - Minutes of the March 17, 1999 Meeting
No other changes were made to the consent calendar.
MOTION by Hood; SECOND by Larson to approve the Agenda with the requested
changes.
MOTION CARRIED:
AYES:
ABSENT:
3-0-2
Brown, Hood and Larson
Cutuli and Lyon
ORAL COMMUNICATIONS
David Rosenman · 208 Eiahth Street
Mr. Rosenman spoke regarding item number 2 of the consent calendar. He stated that
the item was not noticed properly in that he or his neighbors did not receive any notice.
Mr. Whittenberg stated that the notice for this type of application is 100 feet and that Mr.
Rosenman may live outside of the 1OQ-foot radius. Mr. Whittenberg stated that staff
would check to see if Mr. Rosenman should have been included.
Rea Clewlev · 945 Catalina Avenue
Mr. Clewley spoke regarding item number 2 of the consent calendar. Mr. Clewley
believes that the project is not in conformance with Section 28-2407 of the Code and
that a minor plan review application is not applicable. He also believes that the project
is not in conformance with the original variance from 1972 and that a revocation of the
variance should be considered in lieu of the consent calendar review since the property
is existing in violation of the variance.
Chairman Brown directed staff to address Mr. Clewley's concerns in the staff report and
Mr. Whittenberg agreed that staff would review the concerns.
Chairman Brown closed Oral Communications.
CONSENT CALENDAR
3.
Plan Review 99-2
Address:
Applicant:
Request:
1207 Ocean Avenue
Laura Nunez-Westhoven
Addition of 39 feet to the existing residence and
conversion of the existing dining room into a front
porch (a reduction of 124 square feet). The resulting
square footage difference will be a reduction of 85
square feet.
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City of Seal Beach Planmng Commission - Minutes of the March 17, 1999 Meeting
Recommendation: Approval, subject to conditions.
MOTION by Hood; SECOND by Larson to approve the Consent Calendar as amended
The applicant, Ms. Laura Westhoven requested to speak regarding item number 3 for
Minor Plan Review 99-2 at 1207 Ocean Avenue. Chairman Brown allowed Ms.
Westhoven to address the Commission regarding the item although it should have been
requested that the item be removed from the consent calendar.
Ms. Westhoven stated her agreement with the conditions of approval for the project
except for condition number 2 that required removal of the door leading from the granny
unit to the outside. She would like for the door to remain since her mother it elderly and
it would be difficult for emergency services to access the room where her mother lives if
necessary. She requested that the condition be removed.
Mr. Whittenberg explained that the concern is if the area could become available as a
non-permitted, separate living unit.
Ms. Westhoven stated her agreement with the condition requiring that the service
kitchen area be removed once her mother no longer needs it.
Mr. Whittenberg suggested to the Commission that if they wish to agree with the
applicant, then a condition of approval should be added that requires a covenant for the
property ensuring that the existing single-family residence will remain as such Mr.
Whittenberg explained that the added condition would be acceptable to staff
Mr. Steele asked that the previous motion be withdrawn. Mr. Hood asked Chairman
Brown if a friendly amendment to the motion could be made. Chairman Brown stated
that was acceptable to him. Mr. Hood accepted Ms. Westhoven's suggestion as a
friendly amendment if Mr. Larson (who seconded the motion) agreed to the friendly
amendment.
Mr. Steele clarified that condition number two would be deleted from the resolution and
add a condition requiring that a covenant be recorded against the property requiring it to
remain as a single-family residence.
Chairman Brown asked if a new resolution would be brought back Mr. Whittenberg
stated that staff would amend the resolution and it would not need to be brought back to
the Commission.
MOTION CARRIED:
AYES:
ABSENT:
3-0-2
Brown, Hood and Larson
Cutuli and Lyon
Mr. Steele advised 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.
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City of Seal Beach Planning Commission - Minutes of the March 17, 1999 Meeting
Discussion of February 17. 1999 Plannina Commission Minutes
NOTE: It is the pleasure of the Commission that this discussion is shown as verbatim
in the minutes.
Rea Clewlev. 945 Catalina Avenue
Reg Clewley: "Reg Clewley, I live on Catalina. Planning Commission minutes.
Meeting of, of our last meeting here. Page 8, line 26, I would recommend the sentence
be deleted here, 'In 1990, a code conformance notice', I've outlined, ahh that's incorrect.
In its place it should read 'In 1989, a stop work order was issued.' On line 29, Council
directed staff to prepare an ordinance and address rear yard setbacks, going on to line
30, the end of the sentence should be deleted and be replaced with 'Council denied the
appeal and suspended enforcement until a ZTA could be considered.' ZTA 96-1 was
precipitated by the sale of the property. And go down here to line 31, last word on that
line, in starting it says, 'No, moving on to line 32, decision, no decision made as of yet.'
That's incorrect, there have been several decisions made. There was. . ."
Chairman Brown: "Excuse me Mr. Clewley, are you correcting the staff report, or.. "
Mr. Clewley: "I'm correcting the staff report. . ."
Chairman Brown: ". . . correcting the minutes. . ."
Mr. Clewley: ". . . and the minutes."
Chairman Brown: ". . . that's reflected"
Mr. Clewley: "It's written, it's this, this is how we get confused where when you get a
document a foot thick that nobody understands what's going on because we're playing
password over the years."
Chairman Brown: "Okay."
Mr. Clewley: "And every time it's written down, it's written differently and pretty soon
nobody understands what happened."
Chairman Brown: "Okay, I understand that confusion, but I think the minutes are
summarizing the staff report. And if your saying that the staff report was incorrect and it
summarized that incorrectness correctly, then we would not want to correct the
minutes. "
Mr. Clewley: 'Well, I would recommend we correct the staff report. . ."
Chairman Brown: "Okay, well, let's. . ."
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City of Seal Beach Planning Commission - Minutes of the March 17, 1999 Meeting
Mr. Clewley: ". . . if that, if that is the case, but that the minutes reflect this, everybody's
going to look at this say this is gospel and they're never going to read what actually
happened in 1989."
Chairman Brown: "Okay, hold on a sec. What would be the best way to do that?
(question to Assistant City Attorney Steele). He's saying the staff report. . ."
Mr. Steele: "I understand. Um, well as you realize that the minutes summarize what
was said at the meeting, and if that's what that's an accurate depiction of what was said,
then that should be in the minutes. What I suggest is that we put Mr. Clewley's
submission in the minutes of tonight's meeting with the caveat that he is correcting what
he believes were inaccuracies in the staff report at the last meeting."
Chairman Brown: "Okay, do his comments appear in these minutes, in the 17th
minutes, would they be . . ?"
Mr. Steele: "No, they would be in the minutes of tonight's meeting,
Mr. Whittenberg: ". . . of tonight's meeting."
Chairman Brown: "Okay."
Mr. Steele: "Because remember all we are doing with minutes is just memorializing
what happened on that night, in this room."
Chairman Brown: "Okay. Commissioner Hood."
Commissioner Hood: "Mr. Chairman, are the, have we looked Into the fact that the
minutes accurately or inaccurately reflect the staff report? If they, perhaps because the
issue is so convoluted, we might want to ask the staff to look into the specifics of Mr.
Clewley's allegations."
Chairman Brown: "No, he's not allegating, he's not alleging that the staff report, the
minutes, he's not saying that the minutes don't reflect the staff report, he's saying that
the staff report was wrong."
Commissioner Hood: "Is that true?"
Chairman Brown: "As I understand what you're saying and I think you're probably. . ."
Mr. Clewley: "And, and what the minutes don't reflect, is is that staff came up and
pointed out, yes, we're wrong here, we're wrong there, we're wrong there. It doesn't say
anywhere in here about how staff said that they were wrong about several things in the
overview. Nor does it include that there was also other things in the overview by staff
that were pointed out by myself to be incorrect and it just goes down in history, that this
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City of Seal Beach Planning Commission - Minutes of the March 17, 1999 Meeting
was the staff report, these are the minutes, and they, it was alright and everybody said
okay to the minutes and so now we can go ahead and say we'll grandfather in whatever
because nobody understands anything anymore. Your giving people grounds for
appeal that was all a pack of lies that these people have been passing."
Chairman Brown: "Okay, hold on. Commissioner Hood."
Commissioner Hood: "Mr. Chairman as a historian I'm very concerned that what is
written down reflects what is supposed to have happened whether It be in a staff report
or whether it be actually back in the years that Mr. Clewley is talking about, it seems me
it would be very wise of us to try to ask the staff to come up with something which would
make sure we are memorializing accurately the events of the past. As I understand the
City Council may be going to consider these matters in the near future and we certainly
would want our minutes to reflect accurately what happened in the past and it seems to
me there would be very little problem were we to table consideration of the minutes so
that the staff and Mr. Clewley and other people could get together to make sure that out
minutes do accurately reflect what actually did happen."
Mr. Whittenberg: 'Well, if I might make a couple of comments. One, I think we need to
remember the minutes reflect the general discussion that occurred at the meeting itself.
It's not verbatim minutes. They do not repeat word for word what was said. The
purpose of the minutes is for the Commission to approve a document that reflects the
general consideration and discussion at their level in case the matter is appealed to
Council so the Council can have that discussion summarized in a form that the
Commission feels is appropriate. When we as staff prepare a set of minutes, we try to
reflect the concerns that were raised at the meetings and the major points of discussion
as we see those based on our familiarity of the issues as they come before the Planning
Commission. Obviously in this particular matter, there has been a lot of discussion over
the years as to what has been done properly, what has been done improperly, urn, I will
be quite frank with you, Mr. Clewley does not always agree with what is written in the
City staff reports, that does not mean the City staff reports are incorrect. And the issue
really at your point is to see if these minutes accurately reflect based on your
recollection of the meeting two weeks ago the discussion that occurred at that meeting.
If they did, you should approve those minutes as they are presented. If you feel they
don't accurately reflect that discussion, you should by motion either make amendments
to the minutes this evening to reflect that discussion you feel is not reflected correctly, or
if you have issues that you think we need to put back in the minutes again, send them
back to us and we'll bring them back to you at your next meeting. I don't think from a
staff's viewpoint that it's proper for staff and a Citizen to meet to discuss what should be
in the Planning Commission minutes. Planning Commission minutes are your minutes,
and it's your determination what is in those minutes, not the public's."
Chairman Brown: ''Yeah, I think what urn, I agree with what Lee is saying, but what
we'll do Reg is put your comments tonight and direct them to put those verbatim in
these minutes for this meeting. Because I recalled, and again I don't think you're saying
this and I don't recall, I think the staff report was Incorrect, I think we discussed that, urn,
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City of Seal Beach Planning Commission - Minutes of the March 17. 1999 Meeting
there are parts of it that were incorrect in parts of it, but as he's saying, that was the
minutes correctly summarizing the incorrect staff report and I think you agree with that
too. So if you have objections with the staff report, go ahead and make them now and
they have that on tape and we'll have them put that verbatim."
Mr. Clewley: "Okay, I object to the staff report, ah, moving now to page 10 of the
minutes, ah, line 36 it says here that all the photographs were taken from Gum Grove
Park. Now that's not accurate. What I said was that most all of the photographs were
taken from Gum Grove Park. There was at least three of them that were not. . ."
Chairman Brown: "And you admitted trespassing."
Mr. Clewley: ". . . taken from Gum Grove Park and because of the way the study
session was worded, my my submission did not include a violation at 955 Catalina
Avenue which is definitely in violation of the zoning requirements for the area regarding
decks. I know so, our stalwart building inspector has been out, inspected it after my
complaint and of course nothing no enforcement action has ever been taken in now
several years. But I'd like to add 955 Catalina as a definite violation of the zoning and
building codes for the area. And other than that, the minutes will be pretty good."
Chairman Brown: "Okay, so we're going to correct line 36 to add the word most all the
photographs. "
Commissioner Hood: "And did he show pictures of 955 Catalina?"
Chairman Brown: "No, I think he's saying that's in addition. You're saying (to Mr.
Clewley) 955 is in addition to the other information you presented."
Commissioner Hood: "He did not present it, not that night."
Chairman Brown: "No. Okay, got that. Okay with that we'll take a motion to approve
the minutes. . . as amended . . ."
Commissioner Hood: "Move approval."
Commissioner Larson: "I just have a question. I don't recall the gentleman giving
street addresses. He talked about the third house, fourth house, fifth house, I wonder
where all these addresses came from."
Mr. Whittenberg: "The addresses were on the slides of the photographs themselves."
Commissioner Larson: "Oh so, . . "
Mr. Whittenberg: "So when we took the slides out and then look at them. . ."
Commission Larson: "(could not be understood) of what we actually heard."
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Mr. Whittenberg: "That's correct."
Commissioner Larson: "So this is isn't what we heard, this is just what you think he
was talking about."
Mr. Whittenberg: ''These are the actual addresses of those locations. And, and for our
purposes, this is what we are using to go back through and look at building permit
records on all these properties to see what was or was not issued with building permits."
Chairman Brown: "And I would commend staff on that, again the minutes are not
supposed to be verbatim, but a reflection of what happened and somebody reading the
minutes in the future, it's a lot easier to see the addresses rather than third house from
the left, with the tree. Okay, so we have motion. . "
Commissioner Hood: "Move approval as amended."
Commissioner Larson: "Second"
Chairman Brown: "Second and please vote."
MOTION CARRIED:
AYES:
ABSENT:
3-0-2
Brown, Hood and Larson
Cutuli and Lyon
PUBLIC HEARINGS
4. Conditional Use Permit 96-1 (Renewal)
13960 Seal Beach Boulevard
Seal Beach Market
Staff Report
Ms. DeHaven delivered the staff report. (Staff report on file in the Planning Department
for inspection.) The applicant is seeking an indefinite extension of the approval to sell
beer, wine and distilled spirits within an existing supermarket at 13960 Seal Beach
Boulevard. There has been no history of police reported problems in the past with the
use and the supermarket is complying with all conditions of approval of the previously
granted conditional use permit.
Commission Comments to Staff
Chairman Brown felt that the staff report was misleading in respect to the previous
decisions of the Planning Commission. He went on to explain that the indefinite
extension requested before was denied since the market had never sold distilled spirits
and it was the intent of the Commission to deny the application without prejudice If the
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City of Seal Beach Planning Commission - Minutes of the March 17, 1999 Meeting
City Council had reversed the Planning Commission's decision, then an indefimte
extension would have been granted. This was not the case. Mr. Steele and Mr.
Whittenberg clarified further the previous actions that took place regarding the previous
review of the Conditional Use Permit. The City Council approved a different request
than what was before the Planning Commission.
Mr. Whittenberg added that staff is recommended approval and that a resolution has
been prepared if the Commission desires to approve the request.
Public Hearina
Chairman Brown opened the public hearing. The applicant was present but did not care
to address the Commission. No other persons spoke in favor or in opposition of the
request.
Chairman Brown closed the public hearing.
Commission Deliberation
There was no Commission deliberation.
MOTION by Larson; SECOND by Hood to approve the renewal of Conditional Use
Permit 96-1.
MOTION CARRIED:
AYES:
ABSENT:
3-0-2
Brown, Hood and larson
Cutuli and lyon
Mr. Steele advised 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 reported on personnel changes within the Planning Department. The
new Assistant Planner will begin on AprilS, 1999. Ms. DeHaven will continue for an
additional few weeks to assist with training.
The City Council on appeal of the Planning Commission's decision approved extended
operating hours for Mr. K's American Grill. The restaurant will operate from 11 :00 a.m.
to 12:00 a.m., Sunday through Thursday and 11 :00 a.m. to 1 :00 a.m. on Friday and
Saturday. The extended hours were not granted to Spaghettini's and they would have
to apply for a conditional use permit and go through the process if they wish to extend
their hours also.
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City of Seal Beach Planning Commission - Minutes of the March 17, 1999 Meeting
COMMISSION CONCERNS
Chairman Brown asked what should be done about Commissioner Cutuli's absence.
Mr. Whittenberg suggested that his absence be recognized without an excuse. No vote
was taken.
ADJOURNMENT
Chairman Brown adjourned the meeting at 8:34 p.m.
Respectfully Submitted,
Maryann DeHaven
Planner
Department of Development Services
APPROVAL
The Planning Commission Minutes of March 17, 1999 were approved by the
Commission on April , 1999.
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