HomeMy WebLinkAboutPC Min 2005-04-06
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for April 6, 2005
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - Gary Roberts
District 5 - Phil Ladner
Department of Development Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Christy Teague, AICP, Senior 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 at (562) 431-2527.
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Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday afternoons, 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.
o 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 April 6,. 2005
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 Buildi~g 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 proceedinqs are recorded.
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City of Seal Beach Planning Commission
Agenda for April 6, 2005
7:30 p.m.
I.
PLEDGE OF ALLEGIANCE
II.
ROLL CALL
III. AGENDAAPPROVAL
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 be 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 March 23, 2005.
VI. SCHEDULED MATTERS
2. Status Report Re: Historic Preservation Program
3. Approval of Comment Letter - San Gabriel River Corridor Master Plan Draft
Program EIR
VII. PUBLIC HEARINGS
4. Zone Text Amendment 05-1
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City of Seal Beach Planning Commission . Agenda of April 6, 2005
Citywide
Applicant/Owner:
Request:
City of Seal Beach
To amend the Code of the City of Seal Beach to allow
convenience markets as a permitted use in conjunction
with automobile service stations. Under the proposed
changes any applicant requesting a convenience
market as part of an automobile service station would
require a Conditional Use Permit.
Recommendation: Approval subject to conditions and adoption of
Resolution 05-15.
5. Zone Text Amendment 05-2
Citywide
Applicant/Owner:
Request:
City of Seal Beach
To amend the Code of the City of Seal Beach to allow
residential courtyard walls and decorative wall
attachments in certain cases. Under the proposed
changes any applicant requesting a courtyard wall or
decorative wall attachment in excess of the allowable
fence/wall heights would be subject to approval of a
Minor Plan Review by the Planning Commission.
Recommendation: Approval subject to conditions and adoption of
Resolution 05-16.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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City of Seal Beach Planning Commission · Agenda of April 6, 2005
2005 Aaenda Forecast
Apr 20 Main Street Specific Plan Sign Standards
May4 CUP 05-5 209 Main Street (yVoody's Diner)
V AR 05-3 B-1 Surfside
May 18
Jun 8
Jun 22
July6
July 20
Aug 3
Aug 17
Sep 7
Sep 21
Oct 5
Oct 19
Nov9
Nov 23
Dec 7
Dec 21
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of April 6, 2005
Chairperson Ladner called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, April 6, 2005. The meeting was held in the City
Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Ladner, Commissioners Deaton, Roberts, and Sharp.
Also
Present: Department of Development Services
Christy Teague, AICP, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent: Commissioner Shanks
Lee Whittenberg, Director of Development Services
Ms. Teague noted that Commissioner Shanks had reported that he would not be
present for tonight's meeting nor for the meeting of April 20, 2005, as he would be out of
the country. She requested that he be excused from both meetings.
MOTION by Sharp; SECOND by Deaton to excuse Commissioner Shanks from the
Planning Commission meeting of April 6, 2005.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Deaton, Roberts, and Sharp
None
Shanks
MOTION by Ladner; SECOND by Deaton to excuse Commissioner Shanks from the
Planning Commission meeting of April 20, 2005.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Deaton, Roberts, and Sharp
None
Shanks
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of April 6, 2005
AGENDA APPROVAL
MOTION by Sharp; SECOND by Deaton to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Deaton, Roberts, and Sharp
None
Shanks
ORAL COMMUNICATIONS
Chairperson Ladner opened oral communications.
Mr. Bill Hurley spoke regarding the Mitigated Negative Declaration (MND) 05-2 for the
Surfside Colony Maintenance Facility and Residential Development Project. He noted
that he had provided a copy of his handwritten comments on this document. He
proceeded to review his comments, which related to noise mitigation during the
construction phase for this project. (Mr. Hurley's comments are on file for inspection in
the Planning Department.) He noted that the public comment period for this document
would end on Monday, April 11, 2005.
Ms. Teague reported that Mr. Hurley currently serves on the Environmental Quality
Control Board (EQCB), which met on Wednesday, March 30, 2005, to review MND
05-2, and the intent was that the MND be placed on tonight's agenda for review by the
Planning Commission. She said she was not certain why it was not available for review
this evening, but noted that the document is available for review in the Department of
Development Services and at the three local libraries. She stated that all comments
should be forwarded to the Planning Department and Staff will then prepare a
Response to Comments document to include responses to all comments received.
There being no one else wishing to speak, Chairperson Ladner closed oral
communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of March 23, 2005.
MOTION by Roberts; SECOND by Sharp to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Deaton, Roberts, and Sharp
None
Shanks
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City of Seal Beach Planning Commission
Meeting Minutes of April 6, 2005
SCHEDULED MATTERS
2. Status Report Re: Historic Preservation Program.
Staff Report
Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) She provided some background information on this item and
indicated that the subject of Historic Preservation has twice been previously addressed
in public hearings before City Council (CC) in 1991 and 2000. She stated that Staff
recommends if the Planning Commission (PC) wishes to pursue this issue once again,
that this recommendation be made to CC. She noted that in response to the discussion
at the meeting of March 23, 2005, Staff has provided photographs of the historic
structures currently listed on the City's policy statement. She noted that only the
Commander Sleeth House at 404 Ocean Avenue has undergone a major remodel.
Commissioner Questions
Commissioner Ladner asked what the size of the Sleeth House was prior to the
remodel/addition. Ms. Teague stated that in looking at the building permit file, it
appears that 4,000 square feet were added to the home.
Commissioner Comments
Commissioner Deaton stated that she believes it is important to proceed with the
Historic Preservation Program because a number of historic homes are currently in
jeopardy of being demolished.
Commissioner Roberts asked if there were any reason why this issue ended up "stalled"
at the CC level. Ms. Teague stated that due to budget constraints in the year 2000 and
other matters taking priority, CC did not pursue this issue. Commissioner Roberts
stated that his concern is that the City's financial status has not changed all that much
since 2000. He suggested scheduling another study session to attempt to come up with
other alternatives, such as getting the Historical Society more involved, or perhaps
hiring a consultant to help prepare a presentation package for review by CC.
Commissioner Deaton stated that as she understands, CC simply needs to make the
determination that these homes should go on a list of historic structures, and there
should not be a need to hire consultants to accomplish this. Mr. Abbe stated that from a
legal standpoint it is best to conduct a citywide survey rather than identifying specific
properties on a piecemeal basis. He indicated that this could be considered "spot
zoning," which is to withdraw certain property rights from specific properties.
Commissioner Roberts stated that the last survey had been done in 1991 and, perhaps,
this information needs to be updated.
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City of Seal Beach Planning Commission
Meeting Minutes of April 6, 2005
Commissioner Sharp stated that he has concerns about this issue, as when a property
is declared a National Historic Site, this would prevent the owners of the property from
making any changes to the structure.
Commissioner Ladner stated that the owner of the property could do whatever he or she
wants on the inside of the structure, but the outside must remain the same.
Commissioner Roberts stated that in reading the Staff Report he noted that the property
owner does have the option of agreeing to have his or her home designated as a
historic structure or deciding not to do so. He indicated that perhaps some form of
incentive could be presented to encourage the property owner to agree to the
restrictions on historic structures.
Ms. Teague noted that these homes might appear on a list of historic buildings that the
Women's Club compiled twenty years ago. She explained that one of these older
homes built in the early 1920's-30's on multiple lots might be an interesting house, but
the lots are now worth a lot of money, and if the house has not been well maintained,
the value of these properties would be in the lots and not in the structure(s). She stated
that if the historic value is there, and if someone wishes to restore the home all the
better, but the monetary value of the lot will probably take precedence, and for the City
to impose restrictions on the sale of these lots for redevelopment would be difficult, as
there are definitely some private property issues involved. She noted that one of the
homes on the list of historic structures currently has a "Sold" sign posted in front of it.
Mr. Abbe added that Commissioner Sharp was correct in stating that the fundamental
basis of historic preservation is whether or not a private property has the right to
renovate or remodel without regard to the historic significance of the structure. He
noted that this could potentially be seen as a takings issue. He stated that this is largely
a policy decision of the City, but, Commissioner Sharp has correctly identified the legal
problem of the City imposing restrictions on specific houses without having a
comprehensive set of standards that outline who the decision making body would be,
whether or not an economic hardship exemption would be included to prevent takings
challenges, how broad the definition of "historic" would be, etc. He noted that from a
legal standpoint the City could create restrictions and state that houses of a specific age
and/or designed by specific architects are not to be demolished.
Commissioner Deaton stated that the reason she would like this issue to go before CC
is that if they are not interested in pursuing implementation of a historic preservation
program, then, she does not believe the PC should spend any more time on this issue.
Mr. Abbe noted that it appears that there are two issues for which CC might provide
some guidance:
1. Whether or not to engage in a citywide survey.
2. Whether to re-examine the policy itself to determine how restrictive or permissive
the City wants to be.
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City of Seal Beach Planning Commission
Meeting Minutes of April 6, 2005
He noted that it is not really necessary to hire a consultant to assist with this issue.
Commissioner Deaton stated that she likes Commissioner Roberts' idea of getting the
Historical Society involved, as she believes this would be the appropriate body to help
with this process. She asked Ms. Teague which home had the "Sold" sign displayed.
Ms. Teague referred to Page 4 of the photographs and stated that the Morrison House
at 111 13th Street has been sold. Commissioner Deaton asked if the house appears on
the list, what happens now? Ms. Teague stated that if the owner wishes to seek historic
designation through the State he or she can do so, but the City would not get involved in
this. She said that if the new owner chooses to demolish the current structure and
create new construction, he or she is free to do so. Mr. Abbe interjected that the new
owner is empowered to seek exceptions from the Building Code requirements in order
to preserve the property; however, currently there is no prohibition on demolition in the
City Code. Ms. Teague continued by stating that some cities would not prevent the
demolition, but would require that the owner document the house and its history and
value and take photographs of the structure before demolition. She noted that there are
ways of preserving the history of a home without taking away people's property rights.
Commissioner Roberts stated that he agreed with Commissioner Deaton with regard to
forwarding this issue to CC to "test the waters" and see if they choose to provide further
direction for the PC.
MOTION by Deaton; SECOND by Roberts to request direction from City Council with
regard to proceeding with exploring establishing a Historic Preservation Program.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Deaton, Roberts, and Sharp
None
Shanks
Commissioner Roberts added an amendment to the motion to add a request for
direction regarding restricting private property rights.
Commissioner Sharp noted that with the current financial state of the City he believes
that this would be needlessly taking up a lot of CC and PC time, but he would still vote
to forward this request to CC.
MOTION by Roberts; SECOND by Deaton to request direction from City Council with
regard to proceeding with exploring establishing a Historic Preservation Program and
restriction of private property rights.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Deaton, Roberts, and Sharp
None
Shanks
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City of Seal Beach Planning Commission
Meeting Minutes of April 6, 2005
3. Approval of Comment Letter - San Gabriel River Corridor Master Plan Draft
Program EIR.
Staff Report
Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) She provided some background information on this item and
stated that the City received a copy of the San Gabriel River Corridor Master Plan Draft
Program EIR, which is currently in the public comment stage of review. She noted that
the comment period closes at 5:00 p.m. on May 5, 2005. She said that Staff previously
provided a copy of the Draft EIR for the information of the Environmental Quality Control
Board (EQCB), the PC, and CC in reviewing the proposed project and draft comment
letter. She provided the following Schedule of Review:
Planning Commission Meeting - April 6, 2005
Environmental Quality Control Board Meeting - April 13, 2005
City Council Meeting - April 25, 2005
She explained that the Master Plan focuses primarily on developing the river corridors
and the integrated watershed system that enhances the habitat, provides recreational
benefits, and protects open space, while maintaining and enhancing flood protection
and water resources. She noted that the Los Angeles Board of Supervisors has had
this plan in progress since 1999, with the Master Plan area being a one-mile wide
corridor spanning 58 river miles of the San Gabriel River from the headwaters in the
San Gabriel Mountains to the river's terminus at the Pacific Ocean in Seal Beach. She
indicated that the study area includes 19 cities, as well as unincorporated areas of Los
Angeles and Orange Counties and encompasses a total of approximately 58 square
miles. She stated that Staff recommends that the PC include any additional comments
they deem appropriate, and that Chairperson Ladner sign the final comment letter to be
forwarded to the EQCB for review and to CC for approval.
Commissioner Comments
Commissioner Roberts stated that he wished to reinforce the correspondence
previously sent by the City with the Notice of Preparation (NOP) emphasizing the need
for solid waste capture along the San Gabriel River.
MOTION by Sharp; SECOND by Roberts to authorize Chairperson to sign the comment
letter as presented and forward to City Council for review and approval.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Deaton, Roberts, and Sharp
None
Shanks
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City of Seal Beach Planning Commission
Meeting Minutes of April 6, 2005
PUBLIC HEARINGS
4. Zone Text Amendment 05-1
Citywide
Applicant/Owner:
Request:
City of Seal Beach
To amend the Code of the City of Seal Beach to allow
convenience markets as a permitted use in conjunction with
automobile service stations. Under the proposed changes
any applicant requesting a convenience market as part of an
automobile service station would require a Conditional Use
Permit.
Recommendation:
Approval subject to conditions and adoption of Resolution
05-15.
Staff Report
Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) She provided some background information on this item and
noted that at its February 9, 2005 meeting the PC had directed Staff to particularly
address the issue of alcohol sales and limitations on locations for convenience markets
in relation to nearby sensitive uses, such as schools, parks, churches, and proximity to
other businesses selling alcohol. She stated that at its meeting of March 23, 2005, the
PC reviewed the proposed restrictions on alcohol sales as part of an automobile service
station convenience market and had directed Staff to proceed with Zone Text
Amendment 05-1 (ZT A) to allow convenience markets subject to PC approval of a
Conditional Use Permit (CUP). If ZTA 05-1 is approved, the recommended change to
the Code will be considered by CC at the next possible scheduled meeting. She stated
that Staff recommends approval of ZT A 05-1 and adoption of Resolution 05-15 with any
revisions determined appropriate.
Commissioner Question
None.
Public Hearinq
Chairperson Ladner opened the public hearing.
There being no one wishing to speak, Chairperson Ladner closed the public hearing.
MOTION by Roberts; SECOND by Sharp to adopt Resolution 05-15 as presented
recommending to the City Council approval of Zone Text Amendment 05-1.
MOTION CARRIED: 4 - 0 - 1
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City of Seal Beach Planning Commission
Meeting Minutes of April 6, 2005
AYES:
NOES:
ABSENT:
Ladner, Deaton, Roberts, and Sharp
None
Shanks
5. Zone Text Amendment 05-2
Citywide
Applicant/Owner:
Request:
City of Seal Beach
To amend the Code of the City of Seal Beach to allow
residential courtyard walls and decorative wall attachments
in certain cases. Under the proposed changes any applicant
requesting a courtyard wall or decorative wall attachment in
excess of the allowable fence/wall heights would be subject
to approval of a Minor Plan Review by the Planning
Commission.
Recommendation:
Approval subject to conditions and adoption of Resolution
05-16.
Staff Report
Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) She provided some background information on this item and
noted that currently the Code only allows courtyard walls when adjacent properties are
closer than the required setbacks, which was inconsistent. She stated that the new
language proposes elimination of this exception, because it is difficult to assign zoning
based upon what is located on a neighboring property. She said that Staff recommends
approval of Zone Text Amendment 05-2 and adoption of Resolution 05-16 with any
revisions determined appropriate. She noted that previously no exceptions were
allowed, but with the approval of ZTA 05-2, exceptions can be made upon approval
through the Minor Plan Review (MPR) process.
Commissioner Question
Commissioner Deaton asked if the exception clause under Section 6, Item 2, addresses
only certain homes. Ms. Teague confirmed that this was correct and stated that this is
why this exception is proposed for deletion, as requiring approval of courtyard walls
using the MPR process would address this issue. Commissioner Deaton asked if there
were any clause reflecting a maximum height. Ms. Teague stated that this would be
subject to approval on a case-by-case basis. Commissioner Deaton commented that
perhaps this should be cohesive with the current fence/wall standards. Ms. Teague
stated that Staff has proposed eliminating the exception for the adjacent homes on
either side of a proposed courtyard wall, and this would discourage construction of
anything in the front setback higher than 42 inches, which is the current standard for
fences as stated in the Code, and once again, this would be subject to the MPR
process. Commissioner Deaton suggested the inclusion of text stating, "not to exceed 6
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City of Seal Beach Planning Commission
Meeting Minutes of April 6, 2005
feet," as leaving this open could allow a wall of up to 18 feet. Ms. Teague proposed the
following proposed text revision to Subsection H of Section 28-801 if Chapter 28 of the
Code:
"Planning Commission may by the issuance of a Conditional Use Permit
approve modifications in the required front yard setbacks provided a
minimum setback of 6 feet is maintained to a maximum of 6 feet in heiqht.
Consideration may be given to open courtyards, patios, or other functional
open space located on the lot."
Commissioner Deaton was in agreement.
Public Hearino
Chairperson Ladner opened the public hearing.
There being no one wishing to speak, Chairperson Ladner closed the public hearing.
Commissioner Comments
Commissioner Deaton proposed the following text addition to Subsection H of Section
28-801 if Chapter 28 of the Code:
"setbacks provided a minimum setback of 6 feet is maintained not to
exceed 6 feet in heiqht."
Mr. Abbe noted that Item 1 and Item 3 conflict in that Item 1 reflects issuance of a CUP
and Item 3 reflects approval of a MPR for courtyard walls. Ms. Teague clarified that the
MPR would be for walls with a maximum height of 6 feet.
Commissioner Roberts noted that Section 6, Item 2, subparagraph (a) does reflects the
heights requirement of 6 feet, but does not include text requiring a 6-foot front yard
setback. Ms. Teague suggested the following text revision:
"Courtyard walls at minimum of 6-foot setback up to 6-feet in height and
fence/walls exceptions. . ."
Commissioner Deaton asked if Subparagraph (a) Item 2 should also include the 6-foot
setback text. Ms. Teague clarified that the proposal in Item 2 is to delete this paragraph
altogether.
MOTION by Deaton; SECOND by Sharp to adopt Resolution 05-16 as amended
recommending to the City Council approval of Zone Text Amendment 05-2.
MOTION CARRIED: 4 - 0 - 1
AYES: Ladner, Deaton, Roberts, and Sharp
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City of Seal Beach Planning Commission
Meeting Minutes of April 6, 2005
NOES:
ABSENT:
None
Shanks
STAFF CONCERNS
Ms. Teague stated that the City of Seal Beach has received grant money for
improvements to the San Gabriel River area from the pass and entry to Seal Beach
down to the River's End, and is conducting a series of public workshops on how best to
do this. She noted that the second meeting in the series is scheduled for Tuesday, April
12, 2005.
COMMISSION CONCERNS
Commissioner Deaton inquired about the vacant Main Street Cafe site. Ms. Teague
stated that an applicant is proposing opening an Athens West restaurant similar to
Daphne's Greek Cafe. She noted that this application would only come before the PC if
the restaurant plans to sell alcohol or if the floor plan will be different.
ADJOURNMENT
Chairperson Ladner adjourned the meeting at 8:32 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Se tary
Planning Department
APPROVAL
The Commission on May 4, 2005, approved the Minutes of the Planning Commission
Meeting of Wednesday, April 6, 2005. ~.
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