HomeMy WebLinkAboutPC Min 2002-05-08
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for May 8, 2002
7:30 p.m.
District 1 - Brian Brown
District 2 - Jim Sharp
District 3 - Len Cutuli
District 4 - David Hood
District 5 - Phil Ladner
Deoartment of Develooment Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Assistant Planner
Carmen Alvarez, Executive Secretary
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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.
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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.
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Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m.
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Videotapes of Planning Commission meetings may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
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Copies of staff reports and/or written materials on each agenda item are on file in
the Department of Development Services and City libraries for public inspection.
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City of Seal Beach Planning Commission · Agenda of May 8, 2002
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 Planning 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 May 8, 2002
City of Seal Beach Planning Commission
Agenda for May 8, 2002
7:30 p.m.
I.
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL
II.
III.
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.
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 April 17, 2002.
VI. SCHEDULED MATTERS
VII. PUBLIC HEARINGS
2. Conditional Use Permit 02-1
347 Main Street
Applicant/Owner:
Request:
Coffee Bean & Tea Leaf / Makena Resources
To approve a Conditional Use Permit request for the ability to have
approximately 16 outdoor seats at an existing restaurant.
Recommendation:
Approval, subject to conditions and adoption of Resolution No. 02-5.
3. Conditional Use Permit 02-10
12850 Seal Beach Blvd. (Ayres Country Suites Hotel)
Applicant/Owner:
Request:
Ayres Group
To permit on-premise consumption of alcoholic beverages during a
reception and cocktail hour in the hotel lobby/common area on the first
floor between the hours of 4:00 - 7:00 p.m.
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City of Seal Beach Planning Commission. Agend,a of May 8, 2002
Recommendation: Approval, subject to conditions and adoption of Resolution No. 02-19.
4. Conditional Use Permit 98-18 (Indefinite Extension)
143 Main Street
ApplicanUOwner:
Request:
Recommendation:
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
Hennessey's TavernlDorothy Nescher
An indefinite extension of the previously approved CUP 98-18 to allow
continued use of an outdoor dining area.
Approval, subject to conditions as recommended by Staff, and as may be
further revised by the Commission after considering public testimony.
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City of Seal Beach Planning Commission · Agenda of May 8, 2002
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2002 Aaenda Forecast
May 22
CUP 02-11 - 101 Main St (Seaside Grill)
CUP 02-12 - 218 Yz Main St (Home Loan Online)
MPR 01-2 - 303 Central Avenue
June 05
June 19
July 03
July 17
Aug 07
Aug 21
Sept 04
Sept 18
. Oct 09
Oct 23
Nay 06
Nay 20
Dee 04
Dee 18
TO BE SCHEDULED:
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Study Session:
Staff Report:
Study Session:
Study Session:
Permitted Uses and Development Standards in Commercial Zones (5/6/98)
Undergrounding of Utilities
Retaining Walls
ADA Handicapped-Accessible Restrooms
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of May 8, 2002
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, May 8, 2002. The meeting was
held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Hood, Commissioners Brown, Cutuli, Ladner, and Sharp
Also
Present: Department of Development Services
Lee Whittenberg, Director
Quinn Barrow, City Attorney
Mac Cummins, Assistant Planner
Absent: Terence Boga, Assistant City Attorney
AGENDA APPROVAL
MOTION by Sharp; SECOND by Brown to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
There being no one wishing to speak, Chairperson Hood closed oral
communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of April 17, 2002.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of May 8, 2002
MOTION by Cutuli; SECOND by Sharp to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
'Brown, Cutuli, Hood, Ladner, and Sharp
None
None
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
2. Conditional Use Permit 02-1
347 Main Street
Applicant/Owner:
Request:
Coffee Bean & Tea Leaf I Makena Resources
To approve a Conditional Use Permit request for the
ability to have approximately 16 outdoor seats at an
existing restaurant.
Recommendation:
Approval, subject to conditions and adoption of
Resolution No. 02-5.
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
stated that Conditional Use Permit (CUP) 02-1 is two-fold as the Coffee Bean & Tea
Leaf (CBTL) is also applying for approval to operate a coffeehouse greater than
1,000 square feet. He described the surrounding land uses as follows:
NORTH:
Commercial businesses in the C-2 Commercial Zone and residential
housing in the Residential Low Density (RLD) Zone.
SOUTH:
Mixture of service and commercial businesses in the Main Street
Specific Plan (MSSP) Zone.
EAST:
Mixture of service and commercial businesses in the Main Street
Specific Plan (MSSP) Zone.
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City of Seal Beach Planning Commission
Meeting Minutes of May 8, 2002
WEST:
Commercial businesses in the C-2 Commercial Zone along Pacific
Coast Highway and residential housing in the Residential High Density
(RHO) Zone.
Mr. Cummins noted that CBTL has proposed to provide a maximum of 16 outdoor
seats in conjunction with the existing coffeehouse as follows all facing east towards
Main Street:
1. Three 4-person tables.
2. Two 2 -person tables
He reported that when Staff inspected the property and reviewed the plans, they
found that the tables were stationed across the property line on the public right-of-
way. He said that after completing an analysis of the area, Staff determined that it
would be necessary to reduce the square footage of the proposed outdoor seating
area. He reported that with the shopping center building serving as a barrier, the
nearest homes to the southwest would not be adversely affected by noise. The
Assistant Planner reported that adequate parking is available for the shopping
center. He stated that Staff recommends approval of both requests, subject to
conditions and with a reduction in the square footage of the seating area. .
Commissioner Questions
Com'missioner Ladner asked what the size of the tables would be. Mr. Cummins
reported that he believed they measure 24 inches across. Commissioner Ladner
stated that he believed it would be apPr:c>priate to place a 2 or 3-person table outside
as opposed to a 4-person table.
Public Hearing
Chairperson Hood opened the public hearing.
Mr. Tony Pomo, the director of design and construction for CBTL thanked the
Commission for their consideration and noted that he had paced off the
measurements at the site to observe the property line proximity to the edge of the
building. He agreed that 2-person 18-inch tables would be much more appealing
than a 4-person table. He stated that it would be possible to have six 2-person
tables in this area, but no 4-person tables.
There being no one else yvishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Commissioner Brown stated that outdoor dining on Main Street should be
encouraged. He said that outdoor dining enlivens the street scene and makes more
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City of Seal Beach Planning Commission
Meeting Minutes of May B, 2002
for a walking environment and the City should encourage this. He stated that a
policy should be established stating how far outdoor dining areas can encroach onto
the public right-of-way, if at all. He said that as long as the parking requirement is
met, he would support this application. He asked if Staff had specified the number
of tables allowed. Mr. Cummins reported that the resolution could be amended to
reflect six 2-person tables.
Commissioner Sharp stated he would also support this application as no alcoholic
beverages are to be served.
Commissioner Cutuli said that having the outdoor dining areas reminds him of the
European sidewalk cafes, which he enjoys. He said as long as the placement of the
tables is legal, he would vote to approve.
Commissioner Ladner stated that the south end of the building is approximately 18
inches closer to the sidewalk than the front of the building, which might be a
consideration in determining the placement of the tables. He said he had no
problem with the tables encroaching onto the sidewalk.
Mr. Whittenberg suggested amending the language for Condition No. 1 of Resolution
02-5 to state that CBTL provide tables on their property at their discretion, as long as
they do no encroach onto the public right-of-way. He emphasized that there is more
than adequate parking.
Chairperson Hood questioned whether the Planning Commission should allow total
discretion to CBTL to decide how many tables they would place in the outdoor dining
area. He stated that it might be better to establish a standard to which the applicant
must adhere. Mr. Whittenberg suggested establishing a cap for the number of seats
allowed, but not specify how the seats would be arranged. Commissioner Sharp
stated that he saw no reason for a cap, as long as there was a restriction to keep off
the public right-of-way. Commissioner Brown stated his agreement with
Commission Sharp comments.
Mr. Whittenberg gave the example of lunch hour at Nick's Deli on Main Street having
as many tables as possible squeezed inside the delicatessen making it very
crowded. He said it would make sense to establish a cap to prevent this occurring at
CBTL.
Commissioner Brown stated he was fine with the condition to stay off the public
right-of-way and allowing CBTL to determine the number and placement of tables.
He said that this was why parking requirements are based upon square footage and
he does not want to micromanage how many customers they can seat.
Commissioner Sharp noted that there was no problem with fire exits as the seating
is outdoors. Mr. Whittenberg read the amended text and the PC approved.
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City of Seal Beach Planning Commission
Meeting Minutes of May 8, 2002
Chairperson Hood asked if CBTL violates this condition would CUP 02-1 become
void and require a hearing before the PC to reinstate? Mr. Whittenberg stated that
this would depend upon the response from CBTL to notices from Staff regarding
violations and also upon the severity of the violation.
MOTION by Brown; SECOND by Sharp to approve Conditional Use Permit 02-1
subject to conditions and adopt Resolution 02-5 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Barrow advised that the adoption of Resolution No. 02-5 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
3. Conditional Use Permit 02-10
12850 Seal Beach Blvd. (Ayres Country Suites Hotel)
Applicant/Owner:
Request:
Ayres Group
To permit on-premise consumption of alcoholic
beverages during a reception and cocktail hour in the
hotel lobby/common area on the first floor between the
hours of 4:00 - 7:00 p.m.
Approval, subject to conditions and adoption of
Resolution No. 02-19.
Recommendation:
Staff Reoort
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 this type of Alcohol and Beverage Control (ABC) license does not
allow for the sale of the beverages themselves, but is a service provided as part of
the cost of the hotel room. He stated that there would be no outside service of
alcohol. He reported that the hotel is due to open on June 1, 2002, and there are no
residential uses within at least 350 feet of the property.
He described the surrounding land uses as follows:
SOUTH:
1-405 Freeway
WEST
Bixby Office Park in the General Commercial (C-2) and Light
Industrial (M-1) Zones.
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City of Seal Beach Planning Commission
Meeting Minutes of May 8. 2002
NORTH:
Commercial businesses and restaurants within the Old
Ranch Towne Center Commercial Overlay (C2) Zone and
across Lampson Avenue, the Bixby Old Ranch Golf course_
in the Recreation-Golf (R-G) Zone.
EAST:
To be constructed Sunrise Senior Assisted Living Facility
within the Old Ranch Towne Center Commercial Overlay
(C-2) Zone.
Mr. Whittenberg noted that a 16-foot sound wall will separate the senior assisted
care facility from the parking lot for the hotel use and the restaurants in this area. He
said that Staff is recommending approval of Conditional Use Permit (CUP) 02-10
subject to conditions.
Commissioner Questions
Commissioner Brown asked if a similar measure had been approved for the
Radisson Hotel. Mr. Whittenberg reported that this information appears in the Staff
Report. He noted that a similar CUP had also been approved for the Oakwood
Apartments, but they had later surrendered the license. Commissioner Brown asked
if the Radisson is still providing this service. Mr. Whittenberg noted that the new
name for the Radisson is the Pacific Inn and they are still providing this service.
Commissioner Brown asked if any complaints had been received. Mr. Whittenberg
stated that there were none.
Public Hearing
Chairperson Hood opened the public hearing.
Mr. Douglas Ayres stated that he was available to respond to questions from the
Planning Commission. Commissioner Brown asked if there would be a charge for
the service of alcoholic beverages. Mr. Ayres reported that the service is
complimentary. Mr. Ayres then commented on an observation made by Chairperson
Hood at the previous hearing on the hotel, regarding the architecture of the building
not reflecting more of a "European look." Mr. Ayres stated that the Ayres Group tries
to give their hotels a flair and he encouraged visiting the hotel.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
None.
MOTION by Sharp; SECOND by Ladner to approve Conditional Use Permit 02-10
subject to conditions and adopt Resolution 02-19 as amended.
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City of Seal Beach Planning Commission
Meeting Minutes of May 8, 2002
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Barrow advised that the adoption of Resolution No. 02-19 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
4. Conditional Use Permit 98-18 (Indefinite Extension)
143 Main Street
Applicant/Owner:
Request:
Hennessey's Tavern/Dorothy Nescher
An indefinite extension of the previously approved CUP
98-18 to allow continued use of an outdoor dining area.
Recommendation:
Approval, subject to conditions as recommended by
Staff, and as may be further revised by the Commission
after considering public testimony.
Staff Report
Mr. Cummins 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 this item has come before the Planning Commission (PC) several times
with the most recent hearing resulting in a 6-month extension and approval for a
change of hours to begin operation at 7:00 a.m. for breakfast. He noted that the
scope of authority for this particular hearing is to determine the issues revolving
around the outdoor dining patio area only, and not Hennessey's ability to serve
alcohol. Mr. Cummins provided a brief chronological history of previous applications
made by Hennessey's and stated that since the last public hearing Staff has not
observed violations of the Conditions of Approval nor has Staff received complaints
related to any aspect of the restaurant's operation. He stated that Staff is
recommending approval for the indefinite extension of Conditional Use Permit (CUP)
98-18 subject to conditions.
Commissioner Questions
None.
Public Hearina
Chairperson Hood opened the public hearing.
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City of Seal Beach Planning Commission
Meeting Minutes of May 8, 2002
Mr. Woody Woodruff stated that the very evening the PC had approved the
extended hours for Hennessey's the restaurant stayed open until 10:30 when they
should have closed down by 9:00 p.m. He said that Hennessey's has never
honored the CUP nor have they honored their neighbors. Mr. Woodruff stated that
because there is no code enforcement, he has ceased to call the City regarding
infractions by Hennessey's. He said that as a result, Hennessey's continues to
violate the conditions of the CUP by keeping the front door open even when they
have live entertainment. Mr. Woodruff also noted that the Fire Department has
repeatedly been called upon to handle the blockage of fire exists at the restaurant.
Mr. Jenicks, Regional Manager for Hennessey's Tavern, stated that they have
complied with everything that the new CUP has required, and have been a good
business in the community. He said that they have had no problems with the Police
or Fire Department, and if tables were blocking a fire exit, they have been removed.
He emphasized that Hennessey's has done everything in its power to comply with
City requirements. He recommended approval of CUP 98-18.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Commissioner Brown stated that usually when an application from Hennesey's is to
be heard, he receives many telephone calls from his constituents regarding the
hearing. He noted that CUP 98-18 applies only to the operation of the outdoor
dining area and he has not received any calls in opposition. He stated that he would
support approval of an indefinite extension of CUP 98-18, noting that any future
violations could be handled by revocation of the CUP.
Commissioner Cutuli stated that he had on the previous evening visited
Hennessey's for dinner and found it to be a nice family restaurant. He said he would
vote in favor of extending CUP 98-18.
Commissioner Sharp asked if Staff had received any reports of violations of the fire
exits within the restaurant. Mr. Cummins reported that Staff had received no reports
of this nature. Mr. Whittenberg stated that unless there were no immediate
response to a fire department notice of a violation, Staff would not have received
notification. Commissioner Sharp stated that he had not objections to extending
CUP 98-18.
Commissioner Ladner stated he had no objection.
Chairperson Hood stated that he had accompanied Commissioner Cutuli for dinner
at Hennessey's last evening and also found it to be a family-oriented restaurant. He
commented that upon leaving they had noticed that when a delivery truck is parked
at the back door, there is no room for other cars to pass in the alley. He cautioned
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City of Seal Beach Planning Commission
Meeting Minutes of May 8, 2002
that it would be in Hennesey's best interest to address this as it has the potential to
create a problem.
MOTION by Brown; SECOND by Cutuli to approve the Indefinite Extension of
Conditional Use Permit 98-18 subject to conditions and adopt Resolution 02-20 as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Barrow advised that the adoption of Resolution No. 02-20 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
STAFF CONCERNS
None.
COMMISSION CONCERNS
Commissioner Sharp congratulated the Bixby Company for the beautiful job done at
the back of the driving range. He also asked if the grading work had begun for the
senior assisted living center. Mr. Whittenberg stated that he believed preliminary
grading for utility lines had begun.
Commissioner Cutuli reported that due to time constraints he would no longer be
serving on the Planning Commission. He thanked everyone for the honor of serving.
Commissioner Brown announced that due to term limits, his term will expire and he
will no longer be serving on the Planning Commission. He stated that in response to
queries regarding the candidate he would support for City Council, he noted that if
candidates have no proven track record, he believes that it is important to look at
what record they do have and also to see whom their supporters are. He
commented that Bev Pearce's strongest"'supporter and campaign manager had
supported the MOlA Development for 800 new homes, and if this is what citizens
favor, they should vote for Ms. Pearce. He stated that he was also distressed with
the comments on the Redevelopment Agency and noted that City monies could
surely be put to better use than placing low income housing within one block from
the beach. He stated that Charles Antos would be his preferred candidate.
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ADJOURNMENT
City of Seal Beach Planning Commission
Meeting Minutes of May 8, 2002
Chairperson Hood adjourned the meeting at 8:20 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secret
Planning Department
APPROVAL
The Commission 01'1 May 22, 2002, approved the Minutes of the Planning
Commission Meeting of Wednesday, May 8, 2002. ~
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