HomeMy WebLinkAboutPC Min 1986-06-04
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PLANNING COMMISSION MEETING
JUNE 4, 1986
The Seal Beach Planning Commission met in regular session
at 7:40 p.m. with Chairman Jessner calling the meeting
to order. Commissioner Covington led the Salute to the
Flag.
ROLL CALL
Present:
Chairman Jessner
Commission Members Covington, Suggs
Absent:
Commission Members Perrin, Ripperdan
Also present:
Mr. Nelson, City Manager
Mrs. Yeo, City Clerk
Chairman Jessner welcomed Mr. Emmett Suggs to the Planning
Commission representing Councilmanic District Five.
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REPORT FROM SECRETARY
The City Manager recommended that the Commission continue
agenda item 4-A, Commission minutes of May 7th, and agenda
item 6-A, Resolution Number 1410, Variance 1-86, until
the June 11th meeting when a full Commission would be present.
Mr. Nelson announced that Mr. Baucke has submitted his
resignation as Director of Development Services, however
will be in attendance at the June 11th Commission meeting,
and reported Mr. Baucke's last day of employment will be
June 13th. Mr. Nelson reported interviews are taking place
for consultant services in the Development Services Department
until such time as an appointment of the Director is made,
also that Mrs. Pam Walker has been selected to assume the
postion of Administrative Aide in the Department. He reported
further that it is anticipated that public services of
the Development Services Department will be reduced to
four hours per day during this interim period, and that
certain applicationsl services may also be restricted.
The City Manager announced that the regular Commission
meeting of June 18th would be cancelled.
CONSENT CALENDAR - ITEM 4-A
By unanimous consent, the Commission held over the minutes
of the May 7, 1986 Commission meeting.
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AGENDA AMENDED
Covington moved, second by Suggs, to amend the agenda to
include prop~sed Resolution Number 1425.
Page Two - Planning Commission Minutes - June 4, 1986
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AYES:
NOES:
ABSENT:
Covington, Jessner, Suggs
None
Perrin, Ripperdan
Motion carried
RESOLUTION NUMBER 1425 - HONORING AND COMMENDING JOHN M.
BAUCKE - DIRECTOR OF DEVELOPMENT SERVICES
Commissioner Covington requested that prior to considering
the proposed Resolution, the Commission consider authorizing
Commission Members Perrin and Ripperdan, and prior Commission
Member Hunt, to sign this Resolution in abstentia. Resolution
Number 1425 was presented to the Commission and read in
full by Chairman Jessner entitled "A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SEAL BEACH, CALIFORNIA,
RECOGNIZING, HONORING AND COMMENDING JOHN M. BAUCKE FOR
HIS ACCOMPLISHMENTS AND OUTSTANDING SERVICE AS DIRECTOR
OF DEVELOPMENT SERVICES OF THE CITY OF SEAL BEACH." Covington
moved, second by Jessner, to adopt Resolution Number 1425
as presented, and that Mr. Covington's request likewise
be approved.
AYES:
NOES:
ABSENT:
Covington, Jessner, Suggs
None
Perrin, Ripperdan
Motion carried
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PUBLIC HEARING - CONDITIONAL USE PERMIT 12-86 - 1729 BAYOU
WAY - WACKERMAN
Chairman Jessner stated he would abstain from considering
this item due to a potential conflict of interest. After
discussion, the applicants, Charles and Barbara Wackerman,
agreed to postpone the public hearing until the next meeting.
Covington moved, second by Suggs, that the public hearing
on CUP 12-86 be held over until June 11th.
AYES:
NOES:
ABSTAIN:
ABSENT:
Covington, Suggs
None
Jessner
Perrin, Ripperdan
Motion carried
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PUBLIC HEARING - VARIANCE 8-86 - 1201 - 12th STREET - WEST
Chairman Jessner inquired if the applicant wished to go
forward with the public hearing or would prefer the matter
held over until a full Commission is present. The applicants,
Roger and Geraldine West, advised they wished to go forward
with the hearing. The City Manager presented the staff's
report, outlining the details relating to the requested
Variance 8-86, a request for a first and second floor addition
of approximately 1200 square feet with 4.88 feet less than
the required streets ide sideyard setback, and the conversion
of the existing single family residence into a duplex,
noting staff's concerns relating to the streets ide setback,
Page Three - Planning Commission Minutes - June 4, 1986
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garage width, and rear yard setback off the alley. The
City Manager reported staff would recommend approval of
Variance 8-86 with the conditions that 1) the two lots
be merged into one by merger or by parcel map as required
by the City Engineer; 2) modified plans be submitted to
staff for approval which provide a minimum setback of 4.68
feet off the 12th Street side property line, a minimum
interior garage dimension for all garages of 9 feet by
20 feet, the relocation of the trash enclosure and existing
fence so that a forty-five degree line of sight is maintained
without any obstruction; 3) that any damaged driveway apron,
cracked sidewalk, or curb be replaced to the satisfaction
of the City Engineer; and 4) that street trees be provided
as required by the City Engineer.
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Mr. Roger West, 1201 Electric, stated his desire to convert
the existing single family residence to a duplex, with
a minor variance requested in order to avoid locating the
garages too close to the existing swimming pool, which
would impair the structural integrity and footing supports.
Mr. West stated his difficulty arises from the parking
requirement of two on-site spaces for each unit, however
reported that could be accomplished with the additional
four and one-half inches requested, therefore the garage
could fit between the sidewalk and the swimming pool.
He stated that without the variance he would be subjected
to extreme hardship and much greater expense, also that
the alternative would be to clear the property and construct
one house on each of the existing lots, noting also that
the property is zoned RHD and contains adequate square
footage for construction of a triplex. Mr. West pointed
out that if the variance is granted, the fence to the rear
of the property will be removed therefore improving the
visibility from the alley at 12th Street. Mr. West submitted
an additional letter in support of granting of the variance
from Sylvester Topoleski. Mrs. Geraldine West, 1201 Electric,
stated her feeling there was adequate precedent for the
requested variance, and cited several variances which she
felt were relevant. Mrs. West stated that the benefit
of their proposal, retaining the parklike setback at the
front of the property, would asthetically outweigh granting
a variance of less than five inches. It was noted that
the staff recommended that the garage dimensions be consistent
with Code requirements of 9 feet by 20 feet. Mr. West
explained that two posts exist within the garage area,
therefore one space does not meet the nine foot width
requirement, also noted that each of the spaces will be
twenty feet in depth, the plan dimensions being in error,
and confirmed that corrected plans would be submitted to
the City. It was pointed out that the pool presently exists
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Page Four - Planning Commission Minutes - June 4, 1986
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in violation of current Code requirements, and Mr. West
responded that the pool was constructed prior to his purchasing
the residence, and it could be assumed met Code requirements
at the time it was built. Mr. West clarified that the
existing front yard setback is 27 feet from the sidewalk,
the sideyard setback is 12 feet, and that the width of
the lots are 30 feet and approximately 30.18 feet. The
Commission recalled the prior variances referred to by
the applicant, noting most of which were for modest deviations
from parking requirements and not considered as granting
of a special privilege, and expressed concern with granting
a variance that could establish precedent, such as deviation
of required setbacks except in special instances where
the shape of a property warrants such consideration. Mr.
West confirmed that the conditions placed by staff would
be acceptable if the four and one-half inches were granted.
In response to the applicant, the Commission explained
the process and the requirement for merger of the two lots.
Mr. Peters, 12th Street, Lise West, 1201 Electric, Sven
Lindtrom, 215 - 14th Street, Mitzi Morton, 153 - 13th Street,
and Ron Acubo, 1203 Electric, all spoke in support of allowing
the four and one-half inches as requested by the applicants.
There being no other communications, Chairman Jessner declared
the public hearing closed.
Commissioner Covington suggested that it may be feasible
through remeasurement or by slight modification of dimensions,
that the ground level improvements may not need to be set
back further towards the pool, and if such adjustment were
acceptable there would be no necessity to grant the variance.
The City Manager advised that the Commission could take
into consideration current standards relating to compact
vehicles. Mr. Covington stated that if an adjustment could
be made taking into account current auto standards, it
would not be deemed to be granting a special privilege,
whereas intrusion into the setback could possibly be challenged
as granting a special privilege.
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Commissioner Covington moved that Variance 8-86 be approved
with the conditions set forth by staff, with a revision
of Condition #2-(2) to read "a minimum interior garage
of dimensions to the satisfaction of staff, taking into
account the current increase in the number of compact cars
and the reduced dimensions required for same." Mr. Covington
pointed out that such change to the garage dimensions by
the minimum amount required would then not require the
applicant to move the foundation closer to the pool and
likewise not require an intrusion into the streets ide setback.
Commissioner Suggs seconded the motion. The City Manager
stated a resolution would be prepared embodying the appropriate
Page Five - Planning Commission Minutes - June 4, 1986
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wording. with regard to whether or not this action would
establish precedent, the City Manager stated it would not,
it would merely recognize other factors, one of which is
compact car standards.
AYES:
NOES:
ABSENT:
Covington, Jessner, Suggs
None
Perrin, Ripperdan
Motion carried
SCHEDULED MATTERS
It was noted that Resolution Number 1410, Varinace 1-86,
had been recommended to be held over to a future meeting.
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RESOLUTION NUMBER 1374 - HONORING DANA OGDON - MEMBER OF
THE PLANNING STAFF
Resolution Number 1374 was presented to the Commission
and read in full by Chairman Jessner entitled "A RESOLUTION
OF THE CITY OF SEAL BEACH PLANNING COMMISSION HONORING
DANA OGDON FOR HIS DEDICATED SERVICE TO THE 'CITY OF SEAL
BEACH AS A MEMBER OF THE PLANNING STAFF FOR THE DEPARTMENT
OF DEVELOPMENT SERVICES." Commissioner Covington requested
that the Commission members not present be allowed to sign
the Resolution in abstentia. Covington moved, second by
Suggs, to adopt Resolution Number 1374 as presented.
AYES:
NOES:
ABSENT:
Covington, Jessner, Suggs
None
Perrin, Ripperdan
Motion carried
COMMISSION REQUESTS
There were no requests by members of the Commission.
ORAL COMMUNICAITONS
Chairman Jessner declared Oral Communications open.
Commissioner Covington noted the Commission's prior request
for a copy of the proposed Department of Development Services
budget for Commission review and possible comment to the
staff and Council prior to the conclusion of the budget
process. Chairman Jessner reported receipt of a communication
from Commissioner Ripperdan stating his inability to continue
in his position on the Planning Commission due to illnes.
Members of the Commission expressed their regrets of Mr.
Ripperdan's resignation. There being no other communications,
Chairman Jessner declared Oral Communications closed.
ADJOURNMENT
By unanimous consent of the members present, the meeting
adjourned until Wednesday, June 11, 1986 at 7:30 p.m.
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The meeting adjourned at 8:48 p.m.
THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL
OF THE SEAL BEACH PLANNING COMMISSION.
Planning Commission Minutes Approved
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~.,{r-NU~~.S' ~1-
HUNTINGTON BEACH PLANNING COMMISSION
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
-. .. .. ....."...
~~,~~~~::~~~ ~U~~ ~-~. C'~1:~~~.6. -. 7..: 00 PM
PLEDGE OF ALLEGIANCE
ROLL CALL:
P P
Rowe, Winchell,
P
Mirjahangir,
P P
Schumacher, Livengood,
P (arrived at 7:05)
Porter (left at 10:00 PM)
P
Erskine, \
A. CONSENT CALENDAR:
A-I Minutes of 5/20/86 Planning Commission Meeting
MOTION BY LIVENGOOD, SECOND BY MIRJAHANGIR TO APPROVE TH~ MINUTES OF
THE 5/20/86 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE:
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AYES:
NOES:
ABSENT:
ABSTAIN:
MOTION PASSED
Rowe, Winchell, Schumacher, Livengood, Mirjahangir
None
Porter
Erskine
A-2 Minutes of 6/3/86 Planning Commission Meeting
MOTION BY LIVENGOOD, SECOND BY MIRJAHANGIR TO APPROVE THE MINUTES OF
THE 6/3/86 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: .
AYES:
NOES:
ABSENT:
ABSTAIN:
MOTION PASSED
Rowe, Winchell, Schumacher, Livengood, Erskine,
Mirjahangir
None
Porter
None
B. ORAL COMMUNICATIONS AND COMMISSION ITEMS:
B-1 Commissioner Rowe stated that since the City Council has acted
on the temporary sign issue he wished to rescind his appeal
request to the Board of Zoning Adjustments approval of
temporary pennants at Wilson Ford (Administrative Review
86-37).
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-' 12.
13.
14.
15.
16.
The subject property shall enter into irrevocable reciprocal
driveway easement between the subject site and adjacent corner
lot at Beach and MacDonald.
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Five feet wide street dedications are required on MacDonald and
Hol t .
Remove and replace public improvements as required by Public
Works Department.
On-site water facilities (if required) shall be dedicated to
the Ci ty .
Another stairway is to be installed on the south side of the
complex near the lobby area. This stairway will replace the
need to provide a clear-to-sky minimum fire access lane of 24
feet on the west side of the building complex. This additional
stairway will also satisfy the requirement to provide stairways
for locating standpipes within 100 feet of travel from any unit.
17. Automatic sprinkler systems shall be installed throughout
pursuant to Huntington Beach Fire Department and National Fire
Protection Association Pamphlet 13 Standards.
18.
_.
19.
A 17 foot by 45 foot turning radius will be required for the
fire lane at the turn which extends the parking lot from Beach
Boulevard to MacDonald.
A fire alarm system shall be installed throughout pursuant to
Huntington Beach Fire Department Standards.
20. The size of the elevator installed shall be a minimum of 6 feet
8 inches wide by 4 feet 3 inches deep with a minimum clear
opening width of 42 inches.
21. On site fire hydrants shall be installed in locations approved
by the Fire Department.
22. The trellis above the fire lanes must provide a vertical
clearance of 13 feet 6 inches.
23. The Planning Commission reserves the right to rp.vok~ thiR
Conditional Use Permit if any violation of these conditions or
of the Huntington Beach Ordinance Code occurs.
~a~ON11P1i'~lO~X't~S-E~ERMi~~tS-:6:"-:25''':~'''-&
00..1:.....~ ~ _ _ ~ . . .... . ~ . ~ :~...~. _. . ~
This request to increase the number of children permitted for day
care from 6 to 12, was originally brought before the Planning
Commission as Conditional Use Permit No. 85-3 at their March 5, 1985
mee.ting. Staff recommended approval of this request. The Planning
It'commission denied this project due to neighborhood opposition and
PC Minutes - 6/17/86
-24-
(5500d)
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concerns for noise, parking and traffic congestion. The applicant
then appealed the decision to the April 1, 1985 City Council
meeting. The City Council upheld the Planning Commission's decision
for denial.
The applicant has submitted several petitions. One petition has
been signed by 9 of the 13 households along Argo Circle, stating
that they foresee no traffic problems with the addition of 6 more
children to the existing day care home. Another petition has been
signed by 17 neighbors stating they approve of Conditiqn~l Use
Permit No. 86-25.
The applicant states that the hours of operation for the day care
are from 7:30 AM to 5:30 PM.
ENVIRONMENTAL STATUS:
The proposed. project is exempt Class 3 Section 15103 from the
provisions of the California Environmental Quality Act.
THE PUBLIC HEARING WAS OPENED
Barbara Leonard, applicant, spoke in support of the project. She
explained that she has done everything possible to address the
concerns of her neighborhood and feels that her proposal should be
approved.
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Sandra Branch, Lesli Susick, Sandy Alexanian, and George Cristino,
residents in the neighborhood, spoke in favor of the project.
B. Christata, from the Public. Council of Day Care centers, spoke in
support of the project and the applicant. She felt that Mrs.
Leonard met all the specifications of a good day care center.
Allen Brusewitz, adjacent neighbor, spoke negatively about the
project. He said that he felt his privacy was being imposed on
because the children in Mrs. Leonard's yard were too nOisy.
Jim Regan, spoke against the. project. He felt that 12 children were
too many for a single family home in an R1 zone.
There were no other persons to speak for or against the project and
the public hearing was closed.
A MOTION WAS MADE BY ERSKINE TO APPROVE CONDITIONAL USE PERMIT NO.
86-25 WITH FINDINGS AND CONDITIONS OF APPROVAL.
There was no second to the motion and the motion died.
It was suggested by the Commission that a finding be added making
reference to the numerous neighbors testifying against the project
d~ring the public hearing and stating that the project is not in
tit compliance with an Rl neighborhood.
PC Minutes - 6/17/86
-25-
(5500d)
A MOTION WAS MADE BY WINCHELL, SECOND BY ROWE, TO DENY CONDITIONAL
It USE PERMIT NO. 86-25 WITH ADDED FINDINGS, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
Rowe, Winchell, Schumacher, Livengood, Mirjahangir
Erskine -
Porter
None
MOTION PASSED
FINDINGS FOR DENIAL:
1. The granting of the conditional use permit will adversely
affect the General Plan of the City of Huntington Beach.
2. The proposal is not consistent with the City's General Plan of
Land Use.
3. Access, parking and number of vehicle trips to the day care
will cause undue traffic problems for this neighborhood.
4. The proposed day care will have a detrimental effect due to
noise upon the general welfare, safety and convenience of
persons residing in the neighborhood.
5.
Numerous adjacent neighbors testified that a home care facility
is not compatible with their Rl neighborhood and that the noise
created by a home care facility is detrimental to the enjoyment
of their homes.
All
'12 CONDITIONAL USE PERMIT NO. 86-29/NEGATIVE DECLAR~TION/~Q~6.-36
co~t.~.iOnal Use Permit No. 86-29 is a request to perm1~~~ivate
unive~~~~ consisting of four buildings totaling ~;~n square feet
and file1lJ~~rsuant to Article 931, Unclassifieq,~~s. West Coast
University~'" _..an evening college designed t..2~~ucate working
adults. DaytI ~ use of the facility wil .~ficlude executive training
., .
for McDonnell Do '.~s (MDC) employees.. . he university is planned to
be constructed in E -. hases;~ir - :'ihase includes building A and
adjacent parking area ,~ . ~cond ;"..~rs'e proposes three buildings (B, C,
D), of which D will be u "~..z.. ,.. as an industrial multi-tenant
building. Buildings B a. ~ intended for educational purposes
but may be industrial .es.
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pursuant to environmental regulations at'this time,
the Depar of Development Services poste . :-.. ft Negative .
Declara No. 86-33 for ten days, and no comme . ei ther verbal
or wr.. en were received. The staff, in its ini tia " dy of the
pr '. 't, has recommended that a negative declaration b ~sued prior
w 'ny action on Conditional- Use Permit No. 86-29, it is n';o;i: -~sary
or the Planning Commission to review and act on Negative
Declaration No. 86-33.
PC Minutes - 6/17/86
-26-
(5500d)
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July 1, 1986
Mr. Ron Jessner,
Planning Corrmissioner
City of Seal Beach
Seal Beach CA 90740
Dear Mr. Jessner,
In reference to Conditional Use Pennit # 12-86, I live directly across the
street fran 1729 Bayou Way and have the following three objections to approval
of a Large Day Care Center at the above address:
1. REAL ESTATE DISCLOSURE LAW
The purchase of my home in 1983 preceded a recently enacted
law requiring seller disclosure to prospective buyers a number
of facts, including unusual neighborhood noise. I learned to
my dismay, only after rooving into my home, that across the street
is a home used for day care and instrumental instruction as
well as practice, with the accompanying noise, traffic, and
parking overflow.
At such time as I sell my hare, I must now by law disclose,
or expose myself to legal recourse should I not disclose, my
proximity to a source of greater than nonnal neighborhood noise
and traffic. This detrimental information at present level,
let alone increased level, certainly will affect the value and
marketability of my heme. other than normal neighborhood traffic
is a SAFETY consideration for purchasers with small children,
as well as children already living in our neighborhood. Why
would anyone choose to purchase an expensive home, for which
I would hope to obtain market value, knowing the infonnation
I must disclose?
2.
OUTOOOR RECREATION
The State licensing requirement for Large Day Care Center is
75 square feet per child for outdoor recreation; that is 900
square feet with the maximum of 12 children. The plot map of
1729 Bayou Way provided with the request for approval for a
Large Day Care Center does not proportionately show square footage,
but from what I can detennine fran it, with the swimning pool
in the back yard, and narrow side yards, the only place where
900 square feet possibly exists is the front yard.
Were play equipment placed in the front yard, this would certainly
change the street appearance of this home in contrast to the
street appearance of my home and other homes on this section
of Bayou Way and adjoining Harbor Way. This would also increase
NOISE LEVELS, for which I have stated my concern.
This is also a concern for CHILD SAFETY; it is easier
child to run into the street, even though supervised,
playing in the front yard versus the back yard.
for a
while
",.,.
Mr. Ron Jessner
__ Page 2
3. NO COMPARABLE NEIGHBORHOOD BENEFITS
My only economic "egg" is on one basket --the value of my home,
for which I paid nearly a quarter of a million dollars, plus
construction and other costs for improvements.
I acknowledge the need for day care, but I cannot agree that
1729 Bayou Way, already generating incooe and traffic as a day
care and music instruction business, should be allowed to generate
additional incooe and traffic.
With the exception of Mr. and Mrs. Wackennan, those supporting
the approval of the Conditional Use Pennit do not even live
in my neighborhood nor are their investments in their homes
and neighborhoods involved. They would benefit from a service
in the midst of which they would not have to live; and the Wackermans
would have an added source of inccme from a h.oma in a residential
neighborhood.
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I WOULD RECEIVE NO COMPARABLE BENEFITS OR INCOME.
the value of my horne and neighborhood may well be
by the very benefits and added source of inccme the
and their supporters seek to obtain.
In fact,
diminished
Wackermans
As a recent h.oma buyer, I pay Post Prop-13 taxes, but gladly pay these
higher taxes for the quality of living I felt was implied in an area of
Seal Beach designated as low density, residential. As a taxpayer, I ask
the Planning Coomission to consider the needs and desires of those who
would be affected by changing the designation of 1729 Bayou Way, which
already is being used for business purposes.
My neighborhood, and the value of my hare, is of utmost importance to
Ire, but it is not of importance to those who seek to benefit from Conditional
Use Pennit # 12-86.
Gloria McGuire
1720 Bayou Way
Seal Beach CA 90740
213 598 5997
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NOTICE OF ADJOURNED MEETING
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NOTICE IS HEREBY GI.VEN that the Seal Beach Planning
Commission dia, at their regular meeting of June 4,
1986, adjourn to Wednesday, June 11, 1986 at 7:30 p.m.
in City Council Chambers, 211 - 86th Street, Seal
Beach, California.'
DATED THIS 5th day of June, 1986.
"}.
John M. B~~ h~
D'rector of Development Services
City of Seal Beach
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