HomeMy WebLinkAboutPC Min 1985-02-06
SEf
.BEACH PLANNING COMMISSION AGENr
City Council Chambers
211 E1ghth Street
Seal Beach, Cal1forn1a
e--
!'he Seal Beach Plamung CommJ.ss~on meets ~n sess~on every f~rst and th~rd Wednesday of each
month at 7.30 p.m. If you w~sh to address the Comm~ss~on on any part~cular publ~c hear~ng
~tem, the Cha~rman w~ll call for pubhc test~mony f~rst for those ~n favor of the proJect,
and second, for those who are not ~n favor. When you see that the speaker' s pos~ t~on ~n the
center of the room ~s unoccup~ed, step up to the III.lcrophone and when recogn~zed by the
Cha~rman, speak d~rectly ~nto the III.lcrophone by f~rst stat~ng your name and address clearly
and d~st~nctly for the records. State your bus~ness as Clearly and succ~nctly as poss~ble
and then wa~t a moment to see ~f the Co~ss~oners have any quest~ons ~n regard to your
comments or quest~ons If there are no other quest~ons or comments, return to your seat
so that the next person may address the COmlll.lss~on
If you w~sh to address the Co~ss~on on matters other than publ~c hear~ngs, the agenda
prov~des for that t~me when the Cha~rman asks for comments from the publ~c Address the
Co~ss~on ~n the same manner as stated for publ~c hear~ngs, always stat~ng your name and
address f~rst
FEBRUARY 6, 1985
Next Resolutlon #1363
1. Pledge of Alleglance
2. Ro 11 Ca 11
3. Approval of M1nutes of January 2 & 16,1985
4. Publ1c Heanngs:
A. CONDITIONAL USE PERMIT 21-84, TINY NAYLOR'S, INC. Resolutlon #1358
941 PACIFIC COAST HIGHWAY (SEAL BEACH CENTER)
A request to permlt on-sale beer, W1ne and dlstllled
splr1ts 1n conJunctlon wlth a proposed expanSlon
(addlt10nal dlnlng space, bar area and restrooms) to
the eXlstlng Tlny Naylor's restaurant.
Env1ronmental Revlew: Th1s proJect lS categorlcally
exempt from Envlronmental Rev1ew
[Callfornla Government Code 15301(e)(1)]
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Sectlon: 28-1300(6)(A)
Appllcant: Tlny Naylor's, Inc.
Property Owner. Seal Beach Center
B. VARIANCE 1-85 PHILLIP & KATHLEEN FIFE
4301 I Ror~IIOOD AVErmE
A request to devlate from the requlred pool setback
(4 feet) In the rear yard by two (2) feet.
Env1ronmental Revlew: Thls proJect lS categor1cal1y
exempt from Envlronmental Revlew
[Cal1fornla Government Code 15303(E)]
Resolutlon #1359
a>
Sectlon. 28-400(9)(a)
Appllcant: Ph1111P K & Kathleen M. Flfe
Property Owner. Same
C. VARIANCE 2-85 Reso 1 ut 1 on #1360&1361
CONDITIONAL USE PERMIT 1-85
1205, 1205t Seal Way
A request for:
1) MaJor addlt10ns to a legal nonconfor~lng duplex
wlth the requlred number of parklng spaces.
2) The use of tandem parklng.
3) The lntruslon of arch1tectural feature lnto the
requlred slde yard 6 lnches greater than that
allowed by the mun1clpal code.
Env1ronmental Re1vew: The proJect lS categorlcally exempt
from Envlronmental Revlew (Callfornla
Government Code 15301 Class l(e).
Sectlons: 28-2407, 28-804, 28-2313, 28-802
Appllcant/Aaent: Mltchell Sheltraw
Owner. Seymore Plzer
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AGENDA
FEBRUARY 6, 1985
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Page 2
D. ZONING TEXT AMENDMENT - ZTA 1-85
Resolutlon #1362
A request to amend speclflc l1mltatlons on the
placement of thlrd storles on Lots 371 feet or
greater In wldth In the R-3 (Hlgh Denlsty
Resldentlal) zone on Seal Way [Sectlon 28-801(6)].
Envlronmental Revlew:
Negatlve Declaratlon 1-85 has been prepared In l1eu of
an Envlronmental Impact Report.
Appllcant: Clty of Seal Beach
5. Commlsslon Requests
6. Oral Communlcatlons
7. Commlsslon Communlcatlons
8. Report from Secretary
9. AdJournment
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PLANNING COMMISSION MEETING OF
FEBRUARY 6, 1985
The Seal Beach Plannlng Commlsslon met In regular seSSlon at 7:37 p.m.
wlth Chalrman Jessner call1ng the meetlng to order. Commlssloner Covlngton
lead the Salute to the Flag.
ROLL CALL
Present:
Chalrman Jessner
Commlssloners Covlngton, Hunt, Perrln, Rlpperdan
None
Absent:
Also Present:
John Baucke, Dlrector of Development Servlces
Dana Ogdon, Admlnlstratlve Alde
APPROVAL OF MINUTES
Commlssloner Perrln moved, second by Commlssloner Covlngton, to approve
the mlnutes of the January 2, 1985 regular Plannlng Commlsslon meetlng
as presented.
AYES:
NOES:
Covlngton, Hunt, Jessner, Perrln, Rlpperdan
None Motlon Carrled
CommlSSloner Rlpperdan moved, second by Commlssloner Perrln, to approve
the mlnutes of the January 16, 1985 regular Plannlng Commlsslon meetlng
as presented.
AYES:
NOES:
ABSTAIN:
Hunt, Jessner, Perrln, Rlpperdan
None
Covlngton Motlon Carrled
PUBLIC HEARING - CONDITIONAL USE PERMIT 21-84 - TINY NAYLOR'S INC. - 941
PACIFIC COAST HIGHWAY
Mr. Baucke, the Commlsslon Secretary, presented the request to permlt
on-sale beer, Wlne and dlstllled splrlts In conJunctlon wlth a proposed
expanSlon to the eXlstlng Tlny Naylor's restaurant, for the Commlsslon's
conslderatlon. He lndlcated the appllcant has been operatlng the eXlstlng
restaurant Slnce 1966, havlng converted thelr beer and Wlne llcense to
a llquor llcense In 1984, and mentloned that thelr record has been very
good for the last 18 years. Staff recommendatlon was for approval of
CUP 21-84, subJect to the condltlons llsted In staff report and Resolutlon
#1358.
After some dlScusslon by the Commlsslon, condltlon #1 was modlfled to
lnclude statement that "No bUlldlng permlts to be lssued untll all slgns
are brought lnto conformance or plans submltted for approval." It was
pOlnted out by the Commlsslon that the Safeway Center has had over flve
years to brlng thelr slgns lnto conformance, and durlng that tlme, the
landlord has not complled. Chalrman Jessner declared the publlC hearlng
opened. Mr. Russ Barto, #3 Malaga Cove, Palos Verdes, archltect for Tlny
.
Plann1ng Comm1ss1on Meet1ng of 2/ 6/85
Page 2
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Naylor's, expla1ned that the plans before the Comm1ss1on show removal
of the current T1ny Naylor s1gns so as to comply w1th s1gn ord1nance.
W1th regard to the landscap1ng 1ssue, Mr. Barto stated landscap1ng plans
w1ll be prov1ded for the areas that T1ny Nayor 1S respons1ble for; 1.e.,
the bU1ld1ng, surround1ng area and park1ng area. Mr. Cov1ngton stated
that 1n most cases, landlords benef1t 1f tenants 1mprove the1r property.
Mr. Barto stated that as a tenant, T1ny Naylor has no leverage w1th the
landlord to encourage h1m to comply w1th s1gn ord1nance for the center,
or landscap1ng for the center. He d1d state the present landscap1ng plans
have been subm1tted to the landlord for approval, that any changes w1ll
have to be approved by the landlord. Mr. Tom Greely, 1629 Seal Way, was
present when T1ny Naylor changed the1r beer and W1ne l1cense to a general
l1quor l1cense and appeared before th1S Plann1ng Comm1ss1on, the restaurant
operators were told they could not expand unt1l the s1gnage became conform1ng.
J1m, the Superv1sor for T1ny Naylor's, stated the restaurant w1ll do everyth1ng
poss1ble to comply w1th s1gnage requ1rements. Mr. Russ Barto summar1zed
T1ny Naylor's pos1t1on. He stated that they tr1ed to br1ng the fac1l1ty
1nto compl1ance w1th the Seal Beach landscape and s1gnage cr1tera. He
further stated that T1ny Naylor's has a long h1story w1th the commun1ty
and the 1ntent 1S to rema1n for another 20-25 years. The restaurant w1ll
do what they can to help get the landlord 1nto compl1ance, but they are
not speak1ng from a pos1t1on of strength. Comm1ss1oner Cov1ngton stated
that approval 1S necessary because as 1t now eX1sts, the Comm1ss1on cannot
approve the CUP w1thout the nonconform1ng areas of the property be1ng
resolved. The law requ1res that when you are mak1ng any phys1cal expanS1on,
you must make the property conform1ng. S1gnage plans should be subm1ted
to staff for approval and 1mplementat1on by the Plann1ng Comm1ss1on, and
th1S has to come from the landlord. Mr. Hunt felt the appl1cant would
be better off w1th Comm1ss1on approval as 1t was a chance to get r1d of
some faulty s1gns. Mr. Baucke stated th1S plan w1ll then have to go before
the Coastal Comm1ss1on as 1ntens1ty of use w1ll be 1ncreased. As no one
else spoke 1n favor nor 1n Oppos1t1on to th1S matter, Cha1rman Jessner
closed the publ1c hear1ng.
After d1Scuss1on by the Comm1ss1on, 1t was agreed to add to the f1rst
cond1t1on of Resolut1on #1358, the statement: "and all eX1st1ng 111egal
s1gns on the Center property be removed pr10r to 1ssuance of a bU1ld1ng
perm1t. It was also agreed to add the follow1ng statement to cond1t1on
#2: "pr1or to 1ssuance of bU1ld1ng permlts." Mr. Cov1ngton moves to approve
as amended, Mr. Perr1n seconds, Resolut1on #1358, A RESOLUTION OF THE
SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 21-84,
A REQUEST FOR APPROVAL OF A PERMIT FOR ON-SALE BEER AND WINE AND DISTILLED
SPIRITS IN CONJUNCTION WITH THE PROPOSED EXPANSION TO AN EXISTING RESTAURANT
LOCATED AT 941 PACIFIC COAST HIGHWAY."
AYES:
NOES:
Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan
None Mot1on Carr1ed
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Plann1ng Comm1ss1on Meet1ng of 2/6/85
Page 3
Cha1rman Jessner moved, second by Mr. Cov1ngton, to d1rect that the Plann1ng
Department and the C1ty Attorney's Off1ce do whatever 1S 1n the1r control
to not1fy the tenants of the Safeway Center and enforce compl1ance w1th
the C1ty'S slgn ord1nance.
AYES:
NOES:
Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan
None Mot1on Carr1ed
PUBLIC HEARING - VARIANCE 1-85 - 4301 IRONWOOD AVENUE
Mr. Dana Ogdon presented for the Comm1ss1on1s cons1derat1on, the request
to dev1ate from the requ1red pool setback 1n the rear yard by two feet.
Staff recommendat1on was for den1al of the var1ance for the reasons outl1ned
1n the staff report and noted 1n proposed resolut1on for den1al. Comm1ss1oner
R1perdan stated that for everyone foot of pool depth, you have to go
out about one foot due to the load of the house and foundat1on bear1ng
on the pool walls. Mr. Ogdon stated that as far as record search could
determ1ne, no var1ances have been granted for a less than regular pool
setback. Mr. Cov1ngton 1nqu1red as to poss1b1l1ty that some of the lots
along Lampson Avenue may be un1que w1th regard to safety aspect. Mr.
Ogdon noted that the appl1cant d1d br1ng up the hazardous 10cat1on of
h1S property. It was further stated that one of the cond1t1ons of the
B1Xby Spec1f1c Plan was to address th1S safety factor. Cha1rman Jessner
declared the publ1C hear1ng opened. Mr. Ph1ll1P F1fe, the owner and appl1cant,
addressed some of the Comm1ss1on's concerns. He stated the wall 1S 6
feet tall around the per1meter of Lampson Avenue. He further noted the
pool would have extra steel on all sldes, and that the walls w1ll be re1nforced
by a berm and fence re1nforced. He stated the reason for extra w1dth
of the pool was to create a moat to catch the cars Wh1Ch lose control
on Lampson. A member of the aud1ence, John Kalm1s, 1nd1cated there have
been 53 coll1s1ons w1th Lampson fences Slnce construct1on. Mr. F1fe stated
that the B1Xby plan w1ll br1ng 1ncreased traff1c plus the sum of money
proposed for safety by the B1Xby plan would not be enough to m1t1gate
the problem. Comm1ss1oner R1pperdan felt th1S request was an excuse to
w1den a pool. Cha1rman Jessner wondered why appl1cant would use the pool,
1f he has never used backyard due to fear of traff1c acc1dent. Mr. John
Kalm1s, 4297 Ironwood, stated a veh1cle went through h1S fence on Lampson
approx1mately 8 years ago at 1 a.m. and narrowly m1ssed the master bedroom.
The veh1cle knocked part of the house off the foundat1on. Slnce that
occurrence, Mr. Kalm1s has constructed a re1nforced wall w1th extra steel,
along w1th a cyclone fence fully guaranteed by Sears to w1thstand veh1cle
1mpact of up to 60 mph. Mr. Robert Cook, 441 Central, expressed h1S
concern regard1ng C1ty'S llab1l1ty 1n part1c1pat1ng 1n the bU1ld1ng of
a moat to catch cars, a sltuat10n spec1f1cally des1gned to glve harm.
Mr. Cov1ngton stated that no ment10n was glven to contruct someth1ng des1gned
to glve harm, but rather to slow down a veh1cle. He further stated that
1f 1t were necessary to choose between the two llab1l1t1es, he would prefer
to choose the safety of the res1dents. He further 1nd1cated that add1t1onal
1nput from the C1ty Eng1neer was needed to address th1S 1ssue. Mr. F1fe
stated, that as an attorney, he was fully aware of llab1l1t1es and that
1S why he d1d not want to bU1ld four foot th1Ck walls, as he d1d not want
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P1ann1ng Comm1ss1on Meet1ng of 2/6/85
Page 4
an out of control dr1ver to 1nJure h1mse1f. Mr. Jessner declared the
pub11c hear1ng closed on Var1ance 1-85. Mr. Cov1ngton stated that he
would request a 30 day cont1nuance of th1S matter so as to allow C1ty
Eng1neer to reV1ew Lampson Avenue w1th regard to safety 1ssue, to see
1f any areas are un1que1y 1mpacted due to 10cat1on. After some d1Scuss1on,
Comm1ss1oner Cov1ngton moves to deny w1~hout preJud1ce, Mr. R1pperdan
seconds, Reso1ut1on #1360, A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
DENYING WITHOUT PREJUDICE VARIANCE APPLICATION 1-85, A REQUEST TO ALLOW
DEVIATIONS FROM THE MUNICIPAL CODE POOL REAR YARD SETBACK REQUIREMENTS
(4301 Ironwood Avenue).
AYES:
NOES:
Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan
None Mot1on Carr1ed
Mr. Cov1ngton moves, second by Mr. R1pperdan, to have staff undertake
a study of traff1c acc1dent occurrences on Lampson Avenue.
AYES:
NOES:
Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan
None Mot1on Carr1ed
It was the consent of the Comm1ss1on and so ordered by the Cha1r, to recess
at 10:00 p.m. Mr. Jessner reconvened the P1ann1ng Comm1ss1on meet1ng
at 10:12 p.m.
PUBLIC HEARING - VARIANCE 2-85 - CONDITIONAL USE PEMIT 1-85 - 1205, 1205
1/2 SEAL WAY)
Staff report presented by Mr. Baucke 1nd1cat1ng app11cant 1S request1ng
maJor add1t1ons to a legal non-conform1ng duplex w1th the requ1red number
of park1ng spaces, the use of tandem park1ng, and w1th less than requ1red
cover1ng for the park1ng spaces prov1ded. Staff recommendat1on 1S for
approval of both the cond1t1ona1 use perm1t and the var1ance subJect to
the cond1t1ons as out11ned 1n the staff report and accompanY1ng reso1ut1ons.
Mr. Jessner declared the pub11C hear1ng open for Var1ance 2-85 and Cond1t1ona1
Use Perm1t 1-85. Mr. Seymore P1zer, app11cant, stated that after the
f1rst pub11c hear1ng, he tr1ed to come up w1th a pract1ca1 des1gn, f1na11y
end1ng w1th removal of the downsta1rs bedroom and p1ac1ng 1t above the
carport. Mr. Cov1ngton 1nd1cated a statement had been rece1ved from Bob
Lohrke oppos1ng the removal of the exter10r sta1rway. Mr. P1zer 1nd1cated
that the sta1rway would not meet zon1ng and f1re code as 1t 1S. He further
1nd1cated that Mr. Lohrke uses 1t to reach h1S rooftop and another method
1S ava11ab1e to h1m. Comm1ss1oner Jessner ment10ned that ZTA 2-84 would
be heard soon by the C1ty Counc11 and 1t d1d not allow add1t1ons of bedrooms
and bathrooms tp nonconform1ng property. Mr. Baucke stated the C1ty Attorney
1nd1cated that the Comm1ss1on must not deny app11cant based on future
law, but must deal w1th current law. No other persons spoke 1n favor
nor 1n Oppos1t1on of th1S matter; therefore, the Cha1rman declared the
pub11C hear1ng closed. Mr. Jessner stated he was not 1n favor of act1ng
upon th1S matter unt11 the Counc11's act10n on ZTA 2-84 1S determ1ned.
Mr. Perr1n moves to cont1nue th1S matter unt11 act10n on ZTA 2-84, second
by Mr. Cov1ngton. Mr. Hunt felt 1t seems fa1r and reasonable that the
Comm1ss1on deal w1th eX1st1ng laws and regu1at1ons, not w1th what m1ght
be.
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P1ann1ng Comm1ss1on Meet1ng of 2/6/85
Page 5
AYES:
NOES:
Cov1ngton, Jessner, Perr1n
Hunt, R1pperdan Mot1on Carr1ed
PUBLIC HEARING - ZTA 1 -85
Staff report 1nd1cated th1S 1S a request to amend spec1f1c 11m1tat1ons
on the placement of 3rd stor1es on lots 37t' or greater 1n the R-3 zone
on the rear half of the property along Seal Way. After determ1nat1on
by the Comm1ss1on, staff would then prepare a reso1ut1on ref1ect1on the
act1on.
Mr. Jessner declared the pub11c hear1ng on ZTA 1-85 open. Ch1 Krede11,
1615 Seal Way, spoke 1n favor of the amendment. He felt that by mov1ng
the placement of th1rd story forward, 1t would lessen the tunnel effect.
He further stated that th1S w111 encourage downzon1ng of property by a110w1ng
construct1on of s1ng1e fam11y dwe111ngs to take advantage of ocean V1ew.
Mr. Krede11 1nd1cated he w1shed to bU11d on a vacant parcel on Seal Way.
Mr. Mueth, 1217 Seal Way, spoke 1n favor of the amendment. He 1nd1cated
Seal Way 1S 1n need of redevelopment and th1S amendment w111 g1ve 1ncent1ve
for homeowners to rebu11d. Mr. Peter Arnold, 1606 Ocean, stated that
1n order for h1m to bU11d a V1ctor1an home on Seal Way, 1t was necessary
to go through a pub11c hear1ng procedure. He wondered why a var1ance
would not be app11cab1e 1n th1S part1cu1ar case. Mr. Baucke stated that
th1S amendment 1S to the zon1ng code, Wh1Ch requ1res a 1eg1s1at1ve act.
He further 1nd1cated that res1dents were not1f1ed regard1ng th1S hear1ng
as a courtesy; that the law requ1res only pub11sh1ng the not1ce 1n a newspaper.
He further 1nd1cated the C1ty Attorney felt there was not a s1gn1f1cant
d1fference between 1nd1v1dua1 propert1es on Seal Way, as they relate to
one another; therefore, a var1ance could not be granted to Mr. Krede11's
property. Mr. Mueth felt that the reason the 37t foot w1de 11m1tat1on
was adopted was to allow duplexes to be bU11t. After some d1Scuss1on,
Mr. Baucke stated that the d1screpanc1es 1n lot S1ze were done de11berate1y
so as to prevent some parcels from g01ng to 35 ft. he1ght 11m1t. Mr.
Robert Cook, 441 Central Avenue, stated the reason a var1ab1e setback
was approved was to avo1d the wall effect along the street. He felt th1S
amendment was a back door approach to get a spec1a1 pr1v11ege for one
street 1n Seal Beach. He felt th1S zon1ng text amendment should be c1tyw1de
rather than for a s1ng1e street. He felt the var1ance procedure 1S the
appropr1ate veh1c1e for an app11cant to request placement of th1rd story
on rear half of property. Mr. Matt N1cho1sen, 324 8th Street, agreed
that th1S approval should not be g1ven to a s1ng1e street 1n Seal Beach.
Helen Russell, property owner on Seal Way, felt 1t was d1scr1m1nat1ng
to al10w1ng th1S amendment for one Clty street. She felt there were other
propert1es along Ocean who would 11ke to take advantage of the Ocean V1ew.
She felt the1r should be a st1pu1at1on as to Just what setback should
be. Mr. Walter Berger, 1635 Seal Way, agreed that no one C1ty street
should be s1ng1ed out 1n th1S manner. Mr. M1tch She1traw, felt the Comm1ss1on
should take 1nto cons1derat1on the shadow1ng effect w1th regard to T1t1e
24 requ1rements. Mr. K., 1635 Seal Way, opposed the amendment. Mr. Robert
Cook recommended that the Comm1ss1on not enact th1S amendment, but g1ve
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Plann1ng Comm1ss1on Meet1ng of 2/6/85
Page 6
some cons1derat1on to 1tS 1mpact throughout the C1ty. Mr. Jessner declared
the publ1C hear1ng closed as no one spoke 1n favor nor 1n Oppos1t1on to
th1S amendment. The Comm1ss1oners dlscussed the matter; Mr. R1pperdan
suggested that a 1:1 rat10 be 1mposed, 1.e. for every foot 1n he1ght,
one foot 1n setback be 1mposed. Mr. Baucke requested that he study the
ram1f1cat1ons of that suggest10n pr10r to Comm1ss1on act1on. Mr. Cov1ngton
suggested the Mr. Rlpperdan's 1dea be 1nvestlgated by staff to come back
to the Comm1ss1on at the next meet1ng 1f posslble. Ch1 Kredell stated
that he was opposed to the 1:1 rat10 as 1t would stop all construct1on.
He felt th1S act10n would severely llm1t h1S ab1l1ty to construct.
Comm1ss1on dlscussed the matter. Mr. Baucke stated that act10n could
be taken on th1S 1tem, and should study 1nd1cate that Clty as a whole
should be app1cable, the 1tem could be amended. Mr. Joseph Hunt moves
to approve ZTA 1-85, Mr. Jessner seconds, w1th the understand1ng that
should 1t be approved the staff would research the general lssue of setback
reV1S1on optlons to be presented to the Comm1ss1on at a later date.
AYES:
NOES:
Cov1ngton, Hunt, Jessner, r1pperdan
Perr1n Mot1on Carr1ed
Mr. R1pperdan moved, second by Mr. Cov1ngton, to d1rect staff to study
a proposal of a 1:1 setback or other setback requ1rements for lots 37!'
or w1der 1n the R-3 zones.
AYES:
NOES:
Cov1ngton, Hunt, Jessner, Perr1n, R1pperdan
None Mot1on Carr1ed
ORAL COMMUNICATIONS
Mr. Robert Cook, 441
for Bay C1ty Center.
slgn program for the
been establ1shed for
Central, asked 1f there was an adopted slgn program
Staff 1nd1cated that Mr. Watson has a self-1mposed
Center and that no C1ty adopted slgn program has
Bay C1ty Center.
ADJOURNMENT
It was the consensus of the Comm1ss1on and so ordered by the Chalr, to
adJourn the regular meetlng of the Plann1ng Comm1ss1on at 1:10 a.m.
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