HomeMy WebLinkAboutPC Min 2009-03-18City of Seal Beach Planning Commission
Agenda for March 18, 2009
7:30 p.m.
PLEDGE OF ALLEGIANCE
I.
ROLL CALL
II.
AGENDA APPROVAL
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 be removed from the Consent Calendar for separate
action.
ORAL COMMUNICATIONS
IV.
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.
CONSENT CALENDAR
V.
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. Building Department Activity Report – February 2009
2. Approve Planning Commission Meeting Minutes of March 4, 2009.
SCHEDULED MATTERS
VI.
3. City of Seal Beach Housing Element Update
Repeat of March 9, 2009 Study Session Presentation
PUBLIC HEARING
VII.
4. Variance 09-3
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209 16 Street
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City of Seal Beach Planning Commission • Agenda of March 18, 2009
Applicant/Owner: Jeff Jeanette / Devin & Sue Dunbar
Request: To allow a 738-sq. ft. expansion to an existing,
nonconforming residential property without the
provision of required off-street parking. The property is
nonconforming due to the lack of an enclosed two-car
garage.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-12.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
To scheduled meeting of April 8, 2009, at 7:30 P.M.
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City of Seal Beach Planning Commission • Agenda of March 18, 2009
2009 Agenda Forecast
Apr 08
Conditional Use Permit 09-3 - 210 Main St (Waki Sushi)
Height Variation 09-2 - 410 Ocean Avenue
Minor Plan Review 09-4 - 4801 Elder Avenue
Apr 22
To be cancelled.
May 06
May 20
Jun 03
Jun 17
Jul 08
Jul 22
Aug 05
Aug 19
Sep 09
Sep 23
Oct 07
Oct 21
Nov 04
Nov 18
Dec 09
Dec 23
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CITY OF SEAL BEACH
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PLANNING COMMISSION
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Minutes of March 18, 2009
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7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, March 18, 2009. The meeting was
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9 held in the City Council Chambers and began with the Salute to the Flag.
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ROLL CALL
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13 Present: Chairperson Deaton, Commissioners Bello and Larson.
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15 Also
16 Present: Department of Development Services
17 Lee Whittenberg, Director of Development Services
18 Jerry Olivera, Senior Planner
19 Steve Flower, Assistant City Attorney
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21 Absent: Commissioners Eagar and Massa-Lavitt
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23 Mr. Whittenberg noted that Commissioners Eager and Massa-Lavitt had reported that
24 they would not be in attendance at tonight’s meeting. He requested a motion to excuse
25 their absence.
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27 MOTION by Bello; SECOND by Larson to excuse Commissioner Eager and
28 Commissioner Massa-Lavitt from the Planning Commission meeting of March 18, 2009.
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MOTION CARRIED: 3 – 0 – 2
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AYES: Deaton, Bello, and Larson
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NOES: None
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ABSENT: Eager and Massa-Lavitt
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AGENDA APPROVAL
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37 Chairperson Deaton requested that Scheduled Matters be heard after the Public
38 Hearing.
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40 MOTION by Larson; SECOND by Bello to approve the Agenda as amended.
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MOTION CARRIED: 3 – 0 – 2
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AYES: Deaton, Bello, and Larson
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NOES: None
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These Minutes were transcribed from audiotape of the meeting.
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ABSENT: Eager and Massa-Lavitt
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ORAL COMMUNICATIONS
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5 Chairperson Deaton opened oral communications.
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7 Seth Eaker reported that the Grand Opening of the Seal Beach Farmer’s Market was a
8 great success. He thanked the Planning Commission (PC) for assisting in this effort
9 and encouraged the community to support this weekly market. He then thanked the
10 community for its participation in the St. Patrick’s Day festivities along Main Street, and
11 invited everyone to attend the Seal Beach Chamber (SBCC) Health Fair to be held at
12 the Shops at Rossmoor on Saturday, March 21, 2009, from 10:00 a.m. to 3:00 p.m. Mr.
13 Eaker then stated that the SBCC is partnering with the business community and
14 residents in keeping Seal Beach clean and being environmentally aware. He continued
15 by reporting that the Car Show is sold out and then shared the new SBCC logo. Mr.
16 Eaker again encouraged City Council (CC), the Planning Commission (PC), and the
17 community to support local businesses during these difficult economic times.
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19 Mike Bubbe, 412 Central Way, spoke against the CC decision to post the words “In God
20 We Trust” in the City Council Chambers, stating that he does not believe that this
21 belongs in City Hall. Chairperson Deaton noted for the record that this does not fall
22 within the subject matter jurisdiction of the PC.
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24 Pat Kearns, 209 15 Street, expressed his concerns with parking issues within Seal
25 Beach. He read from Section 28-702 of the City of Seal Beach Zoning Code (ZC)
26 regarding the use of garages for vehicles and not for storage, and asked who would be
27 responsible for enforcing this. Mr. Whittenberg stated that this is a Code provision that
28 is enforced on a complaint basis by contacting the Planning Department. Mr. Kearns
29 described a situation on his street of a commercial vehicle being parked there for the
30 last 5 years and moved every 13 days, unless someone calls Seal Beach PD to
31 complain. He stated that this should not be a resident’s problem, but should be
32 enforced by parking control. He proposed that fees for City parking permits be
33 increased to provide more of an incentive for residents to park off the street, and noted
34 that far more guest permits are sold that resident permits. Mr. Whittenberg noted that
35 CC has scheduled its budget study sessions for April 21, 22, and 23, 2009, and the
36 parking permit program is by CC Ordinance with fees established by CC.
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38 There being no one else wishing to speak, Chairperson Deaton closed oral
39 communications.
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CONSENT CALENDAR
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43 1. Building Department Activity Report – February 2009
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45 2. Approve Planning Commission Meeting Minutes of March 4, 2009.
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1 MOTION by Bello; SECOND by Larson to approve the Consent Calendar as presented.
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MOTION CARRIED: 3 – 0 – 2
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AYES: Deaton, Bello, and Larson
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NOES: None
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ABSENT: Eager and Massa-Lavitt
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PUBLIC HEARINGS
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10 4. Variance 09-3
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11 209 16 Street
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13 Applicant/Owner: Jeff Jeannette / Devin & Sue Dunbar
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15 Request: To allow a 738-sq. ft. expansion to an existing,
16 nonconforming residential property without the provision of
17 required off-street parking. The property is nonconforming
18 due to the lack of an enclosed two-car garage.
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20 Recommendation: Approval, subject to conditions, and adoption of Resolution
21 09-12.
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23 Staff Report
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25 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
26 He provided some background information on this item and noted that the
Department.)
27 applicants last appeared before the Planning Commission (PC) in October 2006, at
28 which time they proposed to construct a new, 2,122 sq. ft. home with a Variance for a
29 2-car tandem garage. He displayed the site plan of the lot configuration and noted that
30 to construct a 2-car garage on this property and still have adequate buildable space a
31 tandem configuration would be the only option. He indicated that the project as
32 approved in 2006 was never initiated, and the applicants are now proposing to retain
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33 the existing structure and make a 2 story addition of 738-sq. ft. without the provision of
34 the required 2-car garage. He added that in order to construct a tandem 2-car garage,
35 demolition of a substantial portion of the existing home would be necessary and the
36 applicants do not wish to reconfigure the existing floor plan. Mr. Olivera indicated that
37 Staff had explored constructing a tandem carport on this property; however, the carport
38 would be subject to the same dimensions as a garage, and there is not sufficient area to
39 the rear of the house to allow for this, and although a single carport could be done, the
40 concern is that the support columns needed for the carport would interfere with the
41 ability to park two cars on the rear portion of the lot. He explained that aside from the
42 legal findings for a Variance, the question before the PC tonight is whether it would be
43 beneficial to have a situation as it exists with the two off-street parking spaces on the
44 rear pad, or would a single car carport be more beneficial. He stated that Staff is
45 making no recommendation on this application, but will await the determination of the
46 PC.
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2 Commissioner Questions
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4 Commissioner Bello asked if Mr. Olivera had stated that further study would be needed
5 to determine whether a carport would be feasible. Mr. Olivera said he would defer to
6 the architect on this question.
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8 Chairperson Deaton confirmed that the minimum dimensions for a two-car garage or
9 carport would be 18 feet by 20 feet. Mr. Olivera confirmed that this was correct.
10 Chairperson Deaton requested the definition of “carport.” Mr. Olivera explained that a
11 carport would be a solid-roof covered structure, which would be open on three sides.
12 Chairperson Deaton asked for the required length of the carport. Mr. Olivera stated that
13 to meet Code requirements, it would have to measure 18 ft. x 20 ft. with setback
14 requirements on an alley of 12 feet from the property line. He noted that side yard
15 setbacks would also be required.
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17 Mr. Olivera indicated that Staff has available several photographs of similar lot layouts
18 within the same neighborhood. The Commissioners agreed that they would view these
19 photos after the public hearing.
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21 Public Hearing
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23 Chairperson Deaton opened the public hearing.
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25 Jeff Jeannette, architect for the project, described the challenge of creating a little bit of
26 extra space in this home while also providing covered parking. He explained that the
27 goal has always been to attempt to remove vehicles from the street, and the Dunbars
28 currently park two vehicles on the rear pad. He proceeded to describe the design of the
29 home noting that there is no way to reduce the size of the home to have more space for
30 construction of a 2-car carport or garage. He stated that the options are few, but the
31 question is whether it is better to take two cars off the street or construct a carport and
32 keep parking on the street. He indicated that the applicants believe that it would be
33 better to have the two cars off the street and parked on the existing pad. He briefly
34 described the proposed addition of an upstairs master suite stating that this would allow
35 the downstairs bedrooms to be reserved for the children. Commissioner Bello asked
36 what would be needed to determine whether a carport would be feasible. Mr. Jeannette
37 explained the required setbacks and showed the area where the structural supports for
38 the carport could legally be placed, which would eliminate one of the rear parking
39 spaces. He stated that the support columns could be moved into the setback area, if
40 the PC approved a Variance for this. He noted that Building Code also prevents moving
41 the columns within 3-4 feet of the property, again limiting the location of the support
42 columns into the existing parking area. Chairperson Deaton stated that when visiting
43 the property, it appeared that the property line markers were actually fully out into the
44 alley. Mr. Jeannette indicated that typically these markers are placed off the property so
45 that if everything within the property is removed, the markers will indicate where the
46 property corners are located. Chairperson Deaton asked if a carport could be
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1 accommodated if the PC approved a Variance for locating the support columns on the
2 property line, as it would for a fence. Mr. Whittenberg explained that Building and Fire
3 Codes require a 3-foot side setback from adjoining properties for cars parked within
4 carport structures. He suggested that the PC proceed with public testimony, and once
5 this is complete, Staff can respond to questions, and the applicant can return for further
6 questions. Mr. Olivera then displayed photos of the rear parking area for the subject
7 property and Mr. Jeannette reiterated that with the pie-shaped lot, the existing structure,
8 required setbacks, and the utility pole on the rear of the property; there really is no other
9 way to resolve this other than to approve the Variance to allow the addition without the
10 provision of a garage or carport. He said that Southern California Edison indicated that
11 the cost of moving the utility pole would be approximately $20,000, which would be
12 prohibitive for the applicant, and with the pole remaining it makes it nearly impossible to
13 maneuver a vehicle into or out of the carport. He added that the 10-ft. rear property line
14 would not allow for the required turning radius.
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16 Susan Dunbar, owner/applicant, explained that there are no plans to demolish the
17 existing structure, but simply to add a little more space to the home, which currently has
18 two bedrooms and one bath. She stated that they have 3 young girls and they are
19 requiring more room, and wish to make the addition of a master bath and bedroom
20 upstairs. She thanked Staff and the PC for their consideration of this project and
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21 provided a history of her family’s growth in their home and in the 16 Street
22 neighborhood and the hardships they encountered in attempting to find a way to add
23 space to their home. She emphasized that because of the friendships they have made
24 and their love for Seal Beach they do not wish to live elsewhere. Mrs. Dunbar ended by
25 requesting approval of Variance 09-3.
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27 Pat Kearns, 209 15 Street, stated that this area of town is very heavily impacted with
28 parking problems, and most of the cars belong to residents, not visitors. He noted that
29 four new homes were recently constructed with 2-car garages within this neighborhood,
30 yet the owners have never parked their cars inside the garages. Mr. Kearns then stated
31 that prior to the last few months the parking pad in the Dunbar’s rear yard was
32 completely take up by an RV, which now is no longer there. He stated that parking in
33 this area should be clearly delineated for two cars and there should be a cover
34 constructed over a portion of the space to prevent the parking of trucks, RVs, or large
35 vans in this space. He then indicated that this property should have two Variances:
36 one to have a structure on a lot less than 2,500-sq. ft., and another for no provision of
37 required off-street parking.
38
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39 Tami Callis, 16 St. & Electric Avenue, spoke in support of Variance 09-3 stating that
40 after experiencing several obstacles in attempting to add space to their home, the
41 request made by the Dunbars is reasonable.
42
43 Mike Castro stated that he has lived in Seal Beach for 15 years and has known the
44 Dunbars for over 10 years. He said they are good people and recommended approval
45 of Variance 09-3.
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1 Nicole Stewart stated she lives across the street from the Dunbars and after moving to
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2 Seal Beach from Fullerton she loved the town and the 16 St. neighborhood and didn’t
3 want to leave. She recommended approval of Variance 09-3.
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5 Dave Everson, 211 16 St, said he lives next door to the Dunbars and noted that if this
6 family cannot receive approval of this request, they will have to move out of the City.
7 He recommended approval of Variance 09-3 and encouraged the PC to keep the
8 Dunbars as members of the community.
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10 Seth Eaker stated that he lives on 13 Street and does not own a car, but rides a bike.
11 He said that what Seal Beach needs are quality families that live, shop, and work in the
12 community. He recommended approval of Variance 09-3.
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14 There being no one else wishing to speak, Chairperson Deaton closed the public
15 hearing.
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17 Commissioner Comments
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19 Chairperson Deaton stated that she agrees with keeping families in Seal Beach, but by
20 law the PC must make specific findings before granting a Variance. She then
21 proceeded to read the requirements for findings for approval of a Variance, and noted
22 that what she struggles with personally is that there are 11 such lots, and 2 have
23 already worked within the ZC to complete the projects. She stated that although the lot
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24 at 209 16 is a difficult one to work with, it is discouraging to hear that an RV was
25 parked on the rear of this lot for an extended period, and noted that constructing some
26 type of an overhang would help prevent this.
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28 Mr. Olivera indicated that he had provided a copy of an additional memorandum with
29 attachments of letters received regarding this project. He noted that one of them was a
30 follow-up to Mr. Kearns original letter and the other was written in support along with a
31 petition with 26 signatures submitted by the Dunbar’s neighbors.
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33 Chairperson Deaton added that another difficulty affecting the subject property is that an
34 older 1920’s house directly behind the Dunbar property was constructed right out to the
35 property line, which creates further constraints. Mr. Olivera noted that property is
36 currently for sale, and when purchased the existing home would probably be
37 demolished.
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39 Commissioner Bello stated that although the PC appreciates the testimony in favor of
40 this project, the Commission is charged with making a finding that follows City Code
41 standards. She said the PC will attempt to find a workable solution for the applicant and
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42 commented that when visiting the 16 Street neighborhood she had a difficult
43 maneuvering her car between all of the cars parked on the street.
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45 Chairperson Deaton asked if approval of Variance 09-3 could be conditioned to require
46 an overhang in the rear parking area. Mr. Flower stated that under City Code the PC
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1 can impose any conditions as it deems necessary. Mr. Whittenberg stated that
2 approval of this Variance can be conditioned to require the overhang, but this would not
3 be something that could be accomplished tonight. He recommended re-opening the
4 public hearing and continuing this item to the next scheduled meeting to allow time for
5 Staff to meet with the architect, the applicants, and Building Staff to try to design
6 something that will meet both Building and Fire Code requirements and create a
7 structure that would prohibit the parking of large vehicles.
8
9 Chairperson Deaton re-opened the public hearing. She then asked the applicant if
10 continuing this item would create a problem with regard to time constraints.
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12 Mrs. Duncan stated that they would like to begin construction before the end of the year,
13 and they would not be opposed to the idea of having an overhang. She stated that they
14 had no objection to continuing this to the April 8, 2009 meeting.
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16 Jeff Jeannette asked if the PC would be willing to allow him and the Duncans to work
17 directly with Planning and Building Staff without having to return to the PC. Chairperson
18 Deaton indicated the PC would prefer that Mr. Jeanette work with Staff and bring this
19 item back on April 8, 2009.
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21 MOTION by Larson; SECOND by Bello to continue Variance 09-3 to the next scheduled
22 Planning Commission meeting of April 8, 2009.
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MOTION CARRIED: 3 – 0 – 2
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AYES: Deaton, Bello, and Larson
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NOES: None
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ABSENT: Eager and Massa-Lavitt
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SCHEDULED MATTERS
29
30
31 3. City of Seal Beach Housing Element Update
32 Repeat of March 9, 2009 Study Session Presentation
33
34 Chairperson Deaton requested that this item also be continued to the meeting of April 8,
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35 2009, since Commissioner Massa-Lavitt was not able to attend the March 9 study
36 session. Mr. Whittenberg noted that the Consultant might have a schedule conflict for
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37 April 8, and asked if he would be able to be present on that night. The Consultant
38 stated that he would have to check his calendar, which was in his car. Chairperson
39 Deaton requested a short recess to allow him to retrieve his calendar.
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41 The meeting briefly recessed and reconvened.
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43 Mr. Whittenberg reported that he had confirmed with the Consultant that he would be
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44 available on April 8. He requested that at that meeting the scheduled matter be
45 completed before the public hearing items to accommodate the consultant’s schedule.
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City of Seal Beach Planning Commission
Meeting Minutes of March 18, 2009
STAFF CONCERNS
Mr. Flower stated that he would not be in attendance on April 8th, and City Attorney
Quinn Barrow would most likely attend in his place.
COMMISSION CONCERNS
None.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 8:52 p.m.
Respectfu lIy S u bm itted,
~~,,-aA ~
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The City Council on April 8, 2~~pproved the Minutes of the Joint Study Session of
Wednesday, March 18, 2009. .
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