HomeMy WebLinkAboutPC Min 2002-07-17
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for July 17, 2002
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - David Hood
District 5 - Phil Ladner
Department of Develooment Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Associate 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 July 17, 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 July 17, 2002
City of Seal Beach Planning Commission
Agenda for July 17, 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. SPECIAL PRESENTATIONS
1. Presentation of Resolutions of Commendation to departing Commissioners, Brian Brown and
Leonard Cutuli.
2. Seating of new Commissioners, Ellery Deaton for District 1, and Gordon Shanks for District 3.
V. 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.
VI. 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.
3. Approve Planning Commission Meeting Minutes of June 19, 2002.
4. RECEIVE AND FILE: "Commentary- The Take on Takings," Land Use Law & Zoning Digest,
June 2002.
5. Minor Plan Review 02-3
12284 Old Harbor Court
ApplicanVOwner:
Request:
Thomas Willingham
Addition of a new patio cover to be located within the rear yard setback.
The patio cover will be located 3 feet from the rear yard property line and
will stand 10 feet tall.
Recommendation: Approval subject to conditions and adoption of Resolution 02-32.
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City of Seal Beach Planning Commission · Agenda of July 17, 2002
VII. SCHEDULED MATTERS
6. Status Report
Hennessey's Restaurant (143 Main Street)
Owner:
Request:
Recommendation:
VIII. PUBLIC HEARINGS
IX. STAFF CONCERNS
X. COMMISSION CONCERNS
XI. ADJOURNMENT
Paul Hennessey
Discuss whether a public hearing should be scheduled to consider
revocation of Conditional Use Permit 98-18 (Outdoor Patio Area).
Pleasure of the Planning Commission.
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Aug 07
Aug 21
Sept 04
Sept 18
Oet 09
Oct 23
Noy 06
Noy 20
Dee 04
Dee 18
TO BE SCHEDULED:
Q
Q
Q
Q
Study Session:
Staff Report:
Study Session:
Study Session:
City of Seal Beach Planning Commission · Agenda of July 17, 2002
2002 Aaenda Forecast
MPR 02-51230 Crestview, CUP 02-141194 Pacific Coast Hwy., HV 02-41300 Catalina
Permitted Uses and Development Standards in Commercial Zones (5161gB)
Undergrounding of Utilities
Retaining Walls
ADA Handicapped-Accessible Restrooms
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of July 17, 2002
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, July 17, 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:
Deoartment of Develooment Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Associate Planner
Absent:
None.
AGENDA APPROVAL
MOTION by Sharp; SECOND by Ladner to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
SPECIAL PRESENTATIONS
1. Presentation of Resolutions of Commendation to departing Commissioners,
Brian Brown and Leonard Cutuli.
MOTION by Hood; SECOND by Ladner to approve Resolution 02-31 commending
Commissioner Leonard C~tuli for his service to the City of Seal Beach.
MOTION CARRIED: 4 - 0 - 1
AYES: Brown, Hood, Ladner, and Sharp
NOES: None
1 These Minutes were transcribed from audiotape of the meeting.
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ABSENT:
ABSTAIN:
None
Cutuli
MOTION by Hood; SECOND by Ladner to approve Resolution 02-30 commending
Commissioner Brian Brown for his service to the City of Seal Beach.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Cutuli, Hood, Ladner, and Sharp
None
None
Brown
Chairperson Hood then presented engraved plaques bearing the official City Seal to
departing Commissioners Cutuli and Brown, and spring bouquets were also
presented to their wives.
2. Seating of new Commissioners, Ellery Deaton for District 1, and Gordon
Shanks for District 3.
Councilperson Charles Antos introduced his appointee to the Planning Commission,
Ms. Ellery Deaton.
Chairperson Hood then introduced Mr. Gordon Shanks and requested that both
Commissioner Deaton and Commissioner Shanks make a brief presentation on their
backgrounds.
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
There being no one wishing to speak, Chairperson Hood closed oral
communications.
CONSENT CALENDAR
3. Approve Planning Commission Meeting Minutes of June 19, 2002.
4. RECEIVE AND FILE: "Commentary-The Take on Takings," Land Use Law &
. Zoning Digest, June 2002.
5. Minor Plan Review 02-3
12284 Old Harbor Court
Applicant/Owner:
Thomas Willingham
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City of Seal Beach Planning Commission
Meeting Minutes of July 17, 2002
Request: Addition of a new patio cover to be located within the rear
yard setback. The patio cover will be located 3 feet from
the rear yard property line and will stand 10 feet tall.
Recommendation: Approval subject to conditions and adoption of Resolution
02-32.
Chairperson Hood requested that Item 3 be removed from the Consent Calendar for
a separate vote as Commissioner Deaton and Shanks were not present at the
meeting of June 19, 2002.
MOTION by Sharp; SECOND by Ladner to approve the Minutes of June 19, 2002 as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-2
Hood, Ladner, and Sharp
None
None
Deaton and Shanks
MOTION by Shanks; SECOND by Ladner to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Hood, Ladner, Shanks, and Sharp
None
None
Mr. 80ga advised that the adoption of Resolution No. 00-32 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
SCHEDULED MATTERS
6. Status Report
Hennessey's Restaurant (143 Main Street)
Owner:
Request:
Paul Hennessey
Discuss whether a public hearing should be scheduled to
consider revocation of Conditional Use Permit 98-18
(Outdoor Patio Area).
Recommendation:
Pleasure of the Planning Commission.
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City of Seal Beach Planning Commission
Meeting Minutes of July 17, 2002
Staff Reoort
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background on this item and stated that
this information is being presented at the direction of City Council (CC) at their June
24, 2002 meeting. He reported that on June 20 Hennessey's held a special event
with amplified music to commemorate its anniversary. He indicated that the live
music was permitted through the City's special event permit process. He stated that
after the event a complaint was received, which alleged that the patio windows and
doors were left open at the restaurant during this event and that the emergency door
at the middle of the restaurant may have been partially blocked. Mr. Cummins
stated that the hearing tonight was for the purpose of determining whether the
circumstances call for a revocation hearing. The Associate Planner then reviewed
the two separate Conditional Use Permits (CUP) issued for this land use; the first,
CUP 89-2, for an on-sale general liquor license and the second, CUP 98-18,
approving a remodel and addition of the patio dining area. He indicated that should
the Planning Commission (PC) determine to hold a revocation hearing, this would
pertain to CUP 98-18 only. He noted that at Commissioner Deaton's request a
compilation containing all correspondence received regarding the alleged complaints
has been provided to each Commissioner.
Commissioner Questions
Commissioner Deaton asked what the outcome would be should the PC determine
to revoke the CUP. Mr. Cummins stated that the outdoor dining area would have to
be closed, but he was not certain that the City could require that the interior be
returned to its original state before the remodel. Mr. 80ga interjected that should a
revocation hearing take place, he did not believe that the City would require that the
interior floor plan for Hennessey's be returned to its original state. Commissioner
Deaton asked for clarification as to what "closing the patio" would entail. The
Director of Development Services stated that approval of revocation would require
that the windows in the outdoor patio area to be permanently closed up and that the
area be used as an indoor seating area.
Chairperson Hood asked if previously there had been problems with the outdoor
dining area. Mr. Cummins reported that there had been complaints in the past of the
restaurant not closing the patio windows after 9:00 p.m., but no recent complaints on
this issue have been received. Chairperson Hood asked if there had been a signage
problem in the past. Mr. Cummins stated that there had been a mural in the patio
area advertising alcohol, but it has since been modified to read, "Lovely day for a
root beer." Chairperson Hood clarified whether before the remodel the front patio
area had been part of the enclosed restaurant area. Mr. Whittenberg stated that he
could not recall the specific floor plan arrangement, but that front area was always a
part of the restaurant operation. Chairperson Hood asked whether CUP 98-18
granted the ability to create the patio area. Mr. Whittenberg stated that the request
was to open the windows and create the entry with the semi-enclosed dining area
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City of Seal Beach Planning Commission
Meeting Minutes of July 17, 2002
that is now there. Chairperson Hood commented that if the patio seating were
revoked, patrons could not be seated in the patio area. Mr. Whittenberg noted that
after hearing some of the Commission's concerns during this discussion, should the
PC determine to hold a revocation hearing, Staff would conduct more in-depth
research in order to provide a comprehensive Staff Report to assist in making a final
determination. Chairperson Hood countered that he was attempting to set the
parameters for possible action by the PC. Mr. Whittenberg stated that the PC would
have to determine whether or not the restaurant operation is in compliance with the
conditions of approval, and if not, a public hearing would be held to discuss violation
of those conditions in order to determine how these issues might be resolved.
Chairperson Hood asked that Mr. Boga provide some parameters for the members
of the public wishing to speak on this issue. Mr. Boga stated that public comments
tonight should be confined to the issue of whether or not Hennessey's has complied
with the conditions of approval for CUP 98-18 and whether a public hearing for a
revocation is warranted.
Public Comments
Chairperson Hood opened the public comment session.
Mr. Paul Hennessey, owner of Hennessey's stated that to his knowledge the
restaurant was not in violation of any of the conditions of approval.
Mr. Carrier, 215 13th Street, stated that Hennessey's is a fine establishment. He
compared the proposed revocation to his telling his grandson "you have used the
computer too much and now I am going to stop you from driving your car." He noted
that the open patio was not even part of the violation, so it is difficult to see how it
could be part of the solution.
Mr. Woody Woodruff stated that it is common knowledge that the patio windows are
not closed at night. He said that he did not understand how the permit for live
entertainment was approved since Hennessey's was already in violation of the
conditions of approval for CUP 98-18.
Ms. Carol Wiley stated that many of the restaurants along Main Street have outdoor
dining areas, and patrons will even bring their purchases from the ice cream shops
and bakeries and eat them outdoors. She encouraged keeping Seal Beach a
community of the people.
Ms. Gail Ayres stated that she and. her neighbors have been kept awake at night by .
noise emanating from Hennessey's. She said that she did document that the patio
doors were open at 9: 15.
Ms. Joan Ward stated that she lives within 500 feet of Hennessey's and the night of
the anniversary celebration she was home with all of her windows open and she
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City of Seal Beach Planning Commission
Meeting Minutes of July 17, 2002
indicated that for most of the evening she heard no noise from the restaurant. She
said that at approximately 9:45 she and a neighbor went for a walk, and noted that
they did not hear the live music until they were in front of Walt's Wharf. She stated
that she did not understand how the hearing tonight could have been called as a
result of one complaint.
Ms. Becky Hull stated that she lives right across the street from Hennessey's and did
not hear any noise from the anniversary celebration. She noted that she has
registered at least 12 complaints regarding another establishment on Main Street
and no action has ever been taken. She said that it was unfair to have called this
hearing as a result of one complaint.
Mr. asked if a decibel reading had been taken on the night of the
anniversary celebration. Mr. Whittenberg reported that none was taken. Mr.
commented that this hearing had come about as a result of the one complaint. Mr.
Whittenberg clarified that tonight's review was at the direction of CC. Mr.
stated that he personally believed this to be a ongoing attack and noted
that the focus should be on fixing city streets instead of worrying about Hennessey's.
Mr. Paul Hennessey stated that Hennessey's has applied for 3 or 4 SEPs for the
whole year. He said that everyone was properly noticed. He reported that he had
then received notice that approval of the SEPs had been rescinded as a result of this
one complaint. Mr. Hennessey stated that he was quite shocked when he was
notified of this as he was not contacted to discuss the intent to rescind the
approvals. He said that a police report was made when the complaint was filed and
the report reflects that the music was not loud. Commissioner Deaton asked Mr.
Hennessey if the patio windows were open or closed. Mr. Hennessey stated that the
front windows were closed as required by CUP 98-18. He said that he did not see
the side windows open, however, someone may have opened them.
There being no one else wishing to speak, Chairperson Hood closed the public
comment period.
Commissioner Comments
Chairperson Hood requested an overview of the parameters to be considered by the
PC. Mr. Boga explained that tonight the PC is considering whether or not to direct
Staff to schedule a public hearing on a possible revocation or modification of CUP
98-18. He reiterated that this does not involve the CUP for on-site sale of alcohol.
He said that the PC could also table the matter if they felt there was no need for a
public hearjng. Chairperson Hood asked if the parameter could be whether the PC
believes sufficient evidence has been presented tonight to warrant scheduling a
public hearing. Mr. Boga responded this could be the case.
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City of Seal Beach Planning Commission
Meeting Minutes of July 17, 2002
Commissioner Deaton read Condition No. 25 from CC Resolution 4277, which states
that the outdoor dining area is to be completely closed at 9:00 p.m. She also noted
that the police report indicates that the front of the building was closed. She stated
that the patio and the possible use of amplified music would be the only issues to be
considered in the complaint. Mr. Cummins interjected that there is no provision in
CUP 98-18 to allow for live music, but unamplified music was permitted as a result of
Hennessey's have received approval of a SEP.
Commissioner Sharp stated that because the CC had referred this issue to the PC
for consideration, he feels that as a courtesy a hearing should be scheduled. He
said he did not believe enough evidence had been presented tonight, but perhaps a
public hearing would provide more information.
Commissioner Deaton asked whether the direction was from CC or from the City
Manager. Mr. Whittenberg responded that it was the result of a CC action.
Commissioner Deaton clarified that the directive was that the PC consider the facts
to determine whether a public hearing were warranted, and not that a public hearing
must be scheduled. Mr. Whittenberg confirmed that this was correct.
Commissioner Shanks noted that the fact that the music was amplified has not been
established. Mr. Whittenberg interjected that as Mr. Cummins had stated, this issue
has been addressed by the City in revoking the SEPs previously approved for the
remainder of the year. He stated that there is no condition in CUP 98-18 that allows
entertainment other than through the SEP and Hennessey's no longer has that right.
Commissioner Sharp asked the Director of Development Services whether evidence
other than what was presented tonight had been presented at the CC meeting of
June 24, 2002. Mr. Whittenberg reported that none was presented other than the
fact that Mr. William Ayres had spoken at the meeting and had presented his letter.
Commissioner Sharp stated that since the violation was related to the SEP and had
nothing to do with violation of any of the other conditions of approval, he does not
feel that a public hearing is warranted.
Commissioner Deaton asked if there was amplified music on the night of the
celebration. Mr. Whittenberg stated that this issue is not clear. He said that this has
been alleged, however, in discussions by Staff with the Seal Beach Police
Department (SBPD), this has not been established. He noted that because the
remaining SEPs have been revoked, he does not believe this to have any bearing on
the issue at this point. Commissioner Deaton stated that she believes it does
because of Section 8, Condition NO.3. She asked whether Staff had discussed this
with Mr. Hennessey. Mr. Whittenberg stated that Mr. Hennessey has alleged that
there was no amplified music.
Commissioner Deaton asked what the result of tabling the matter would be.
Chairperson Hood explained that essentially the item would be tabled with no
specific time for revisiting the issue. Mr. Boga interjected that basically this would be
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City of Seal Beach Planning Commission
Meeting Minutes of July 17, 2002
the case, however, if 2 or 3 months down the road further complaints arise, nothing
prevents the PC from again considering whether or not to schedule a hearing.
Commissioner Shanks asked whether CC had directed the City Manager to no
longer issue SEPs. Mr. Whittenberg explained the process for issuing SEPs noting
that in this case approval was granted to Hennessey's for several special events.
He continued by stating that these permits were revoked and Hennessey's has no
authority for any additional special activity events for the remainder of this year. He
indicated that Hennessey's can reapply beginning January 2003 and the City
Manager can at that point determine whether to grant or deny these permits.
Commissioner Shanks commented that theoretically then, should another SEP be
approved for Hennessey's in 2003 and should there be violations, then at that point
the PC could revise the CUP to eliminate the privilege of applying for a SEP. Mr.
Whittenberg stated that this was a different legal issue that would require further
research as he was not certain that the CUP process could be used to override the
authority of a person to ask for a SEP. Commissioner Shanks referred to Condition
No. 18 and the Director of Development Services explained that through the CUP
process the City had previously allowed live entertainment at restaurants as a
regular part of their business operation. He stated that when the Hennessey's site
was previously operated under the name of Papillion's Restaurant they had the
authority to have live entertainment on a nightly basis. He indicated that when the
use switched from Papillion's to Hennessey's, as part of the approval to allow the
opening of Hennessey's towards the street, Mr. Hennessey agreed to withdraw the
land use entitlement for the live entertainment. Mr. Whittenberg noted that there are
several restaurants in town that do provide live entertainment on a regular basis, but
this does not preclude a business operator from applying for a SEP and asking for
something that may include entertainment for a nighttime special event.
MOTION by Deaton; SECOND by Shanks to table consideration for scheduling a
public hearing to consider revocation of Conditional Use Permit 98-18.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Deaton, Hood, Ladner, Shanks, and Sharp
None
None
PUBLIC HEARING
None.
STAFF CONCERNS
Mr. Whittenberg extended a welcome to the newly seated Commissioners and
expressed the appreciation of Staff for the contributions made by departing
Commissioners Brown and Cutuli.
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City of Seal Beach Planning Commission
Meeting Minutes of July 17, 2002
Mr. Whittenberg then reported that at their last meeting in June 2002, CC has
authorized contracts to be issued to undertake a complete revision and update to the
City's General Plan and also for the preparation of a Local Coastal Plan. He stated
that it is anticipated that at the next meeting CC will form a Citizens Advisory
Committee and that one member from City Council, Planning Commission, and the
Environmental Quality Control Board will be asked to serve as part of that advisory
committee.
COMMISSION CONCERNS
Commissioner Sharp extended his welcome to the new Commissioners and inquired
about the Sunrise Assisted Living Facility. Mr. Whittenberg reported that the project
is in final plan check and grading permits are ready to be issued. He stated that
once grading commences it is projected that the facility will be completed within one
year.
Chairperson Hood inquired about what had happened to the bike lane along
Lampson Avenue west of Basswood. Mr. Whittenberg responded that he did not
know, but he would check with the Engineering Department. Chairperson Hood also
extended his welcome to the new Commissioners.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:22 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Sec ary
Planning Department
APPROVAL
The Commission on August 7, 2002 approved~h~ Minutes of the Planning
Commission Meeting of Wednesday, July 17, 2002. ~ .
Z:\CAlvarez\Carmen_data\PC Minutes\2002\07-17-02 PC Minutes.doc
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