HomeMy WebLinkAboutPC Min 2006-08-09
City of Seal Beach Planning Commission
Agenda for August 9, 2006
7:30 p.m.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. SELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON.
IV. AGENDA APPROVAL
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.
V. ORAL COMMUNICATIONS
At this time, members of the public may address the Planning Commission
regarding any items within the subject matter jurisdiction of the Planning
Commission, provided that the Planning Commission may undertake no action or
discussion unless otherwise authorized by law.
VI. CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and are enacted by
one motion unless prior to enactment, a member of the Planning Commission,
staff, or the public requests a specific item be removed from the Consent Calendar
for separate action.
1. Approve Planning Commission Meeting Minutes of July 19, 2006.
2. RECEIVE AND FILE: City Council Action Re: Three-Story Interim Ordinance
and Scheduling Study Session
3. Minor Plan Review 06-7 - Shaun Torbati, 4564 Dogwood Avenue, requests
withdrawal of application for after-the-fact approval of 10 ft. deep by 12 ft.
wide by 11 ft. 6 in. high accessory structure in the 10-ft. rear setback and 5-ft.
side setback areas.
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City of Seal Beach Planning Commission' Agenda of August 9. 2006
4. Minor Plan Review 06-9
948 Blue Heron
Applicant/Owner: Beth and Joe Chen
Request: Approval to install a 34-inch high BBQ and counter
structure within the 15-foot rear yard setback. The
proposed structure is to be located 3 feet from the
fence on the rear property line.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 06-38.
VII. SCHEDULED MATTERS
5. Adopt Resolution 06-29 recommending approval of Variance 06-2 for the
addition of approximately 450 square feet to a legal nonconforming residence
and property at 401 Central Avenue.
VIII. PUBLIC HEARINGS
6. Conditional Use Permit 04-1 (Indefinite Extension)
13902 Seal Beach Blvd (Carl's Jr. Restaurant)
Applicant/Owner: Lorenzo Reyes / Seal Beach Village, LP
Request: Indefinite Extension of previously approved Conditional
Use Permit 04-1 for continued operation of a drive-thru
for Carl's Jr. Restaurant.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 06-35.
7. Conditional Use Permit 05-5 (Indefinite Extension)
209 Main Street (Woody's Diner)
Applicant/Owner:
Erik Johnson / Fran Trostler
Request:
Indefinite Extension of Conditional Use Permit 05-5 for
continued operation of a restaurant. Specifically, the
applicant requests to continue to open for breakfast at
7:00 a.m. The request also includes continued
placement of small jukeboxes at each of the tables to
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City of Seal Beach Planning Commission' Agenda of August 9. 2006
play music on the existing restaurant-wide sound
system.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 06-34.
8. Conditional Use Permit 05-7 (Indefinite Extension)
303 Main Street (Athens West)
Applicant/Owner: Peter Lafkas / Main Street Trust
Request: Indefinite Extension of a previously approved land use
entitlement allowing the sale of beer and wine for
on-site consumption in conjunction with a restaurant
use.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 06-36.
9. Height Variation 06-2
C-25 Surfside
Applicant/Owner: Tim Deeds / Antonio Carreon
Request: To construct a non-habitable Covered Roof Access
Structure(s) (CRAS) in excess of the 35-foot height
limit. Specifically, the proposed structure would exceed
the height limit by approximately 4 feet.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 06-33.
IX. STAFF CONCERNS
X. COMMISSION CONCERNS
XI. ADJOURNMENT
3
Aug 23
Sep 06
Sep 20
Oct 04
Oct 18
Nov 08
Nov 22
Dec 06
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City of Seal Beach Planning Commission' Agenda of August 9, 2006
2006 Aaenda Forecast
Height Variation 06-3
Minor Plan Review 06-10 -
12850 Seal Beach Blvd (Ayres Hotel)
4549 Guava Avenue
Study Session - Development Standards for 3-Story Residences
In Old Town
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of August 9, 2006
Acting Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, August 9, 2006. The meeting was
held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present:
Acting Chairperson Deaton, Commissioners Bello, Ladner, and O'Malley.
Also
Present:
Department of Development Services
Lee Whittenberg, Director of Development Services
Paul DaVeiga, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent:
Roberts
Mr. Whittenberg noted for the record that at the last meeting Commissioner Roberts had
reported that he would be absent from tonight's meeting. He requested that the
Commission excuse his absence. Also, to correct the record for the meeting of July 19,
2006, Mr. Whittenberg stated that he had erroneously indicated that he had not heard
from Commissioner Ladner regarding his absence, when in fact Commissioner Ladner
had reported at the meeting of June 21, 2006, that he would be absent from the meeting
of July 19, 2006.
AGENDA APPROVAL
Acting Chairperson stated that due to Commissioner Ladner's absence and the need to
correct the record, she requested that Item No. 1 be removed from the Consent
Calendar.
Mr. Abbe noted that Item No.5 should be removed from the Agenda and continued to
the next scheduled meeting of August 23, 2006, as there would not be a quorum
present to vote on this item tonight.
MOTION by Deaton; SECOND by Ladner to remove Item No. 1 from the Consent
Calendar and to remove Item NO.5 from the Agenda and continue this item to the next
scheduled meeting of August 23, 2006, and to approve the Agenda as amended.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of August 9, 2006
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, Ladner, and O'Malley
None
Roberts
ORAL COMMUNICATIONS
Chairperson Deaton opened oral communications.
Joyce Parque presented photographs of 3-story homes previously approved by the
Planning Commission (PC) through the variance process, and she also presented
photos of 3-story condominiums, with the third story constructed to the rear of the
structure. She stated that taxpayers have a right to protect their property ri~hts and
presented copies of the flyers that were circulated throughout the 13 Street
neighborhood regarding this issue.
Pat Kearns, 209 15th Street, indicated that an article in the Sun Newspaper states that
the developer of the project at 132 13th Street now plans to purchase the property and
construct a 3-story duplex, and he encouraged the Commissioners to speak with their
respective council member to learn why City Council voted as they did on this project.
He said this is a site-specific issue and has nothing to do with other properties in Old
Town. He suggested that the scheduled study sessions to update the Zoning
Ordinance should attempt to incorporate language that would bring all nonconforming
structures into conformity. He also noted that the revised Code should incorporate the
requirement for provision of off-street parking for any new residential developments or
additions.
There being no one else wishing to speak, Chairperson Deaton closed oral
communications.
SELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON
Acting Chairperson Deaton turned this segment of the meeting over to the Director of
Development Services.
Mr. Whittenberg explained the election process, noting that nominations do not require
a second. He then opened for nominations.
Commissioner Ladner nominated Commissioner Deaton for Chairperson. There being
no other nominations, Mr. Whittenberg then asked if the PC desired to vote or to
approve the nomination by acclimation. The Commission elected to approve by
acclimation.
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City of Seal Beach Planning Commission
Meeting Minutes of August 9, 2006
Chairperson Deaton then moved that Commissioner Roberts be elected as Vice-
Chairperson of the Planning Commission. The Commission approved this by
acclimation.
CONSENT CALENDAR
2. RECEIVE AND FILE: City Council Action Re: Three-Story Interim Ordinance and
Scheduling Study Session
3. Minor Plan Review 06-7 - Shaun Torbati, 4564 Dogwood Avenue, requests
withdrawal of application for after-the-fact approval of 10ft. deep by 12 ft. wide by
11 ft. 6 in. high accessory structure in the 10-ft. rear setback and 5-ft. side setback
areas.
4. Minor Plan Review 06-9
948 Blue Heron
Applicant/Owner: Beth and Joe Chen
Request: Approval to install a 34-inch high BBQ and counter structure
within the 15-foot rear yard setback. The proposed structure
is to be located 3 feet from the fence on the rear property
line.
Recommendation: Approval, subject to conditions, and adoption of Resolution
06-38.
MOTION by O'Malley; SECOND by Ladner to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, Ladner, and O'Malley
None
Roberts
Mr. Abbe advised that the adoption of Resolution No. 06-38 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
1. Approve Planning Commission Meeting Minutes of July 19, 2006.
Mr. Whittenberg noted that Commissioner Ladner would abstain from voting on this
item, as he was absent from the meeting of July 19, 2006.
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City of Seal Beach Planning Commission
Meeting Minutes of August 9, 2006
MOTION by O'Malley; SECOND by Bello to approve the Approve Planning Commission
Meeting Minutes of July 19, 2006 as amended to reflect Commissioner Ladner's
absence as excused.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Deaton, Bello, and O'Malley
None
Roberts
Ladner
SCHEDULED MATTERS
Item NO.5 was removed from the Agenda and continued to the next scheduled meeting
of August 23, 2006, as there is not a quorum present to vote on this item tonight.
PUBLIC HEARINGS
6. Conditional Use Permit 04-1 (Indefinite Extension)
13902 Seal Beach Blvd (Carl's Jr. Restaurant)
Applicant/Owner: Lorenzo Reyes / Seal Beach Village, LP
Request: Indefinite Extension of previously approved Conditional Use
Permit 04-1 for continued operation of a drive-thru for Carl's
Jr. Restaurant.
Recommendation: Approval, subject to conditions, and adoption of Resolution
06-35.
Staff Report
Mr. DaVeiga delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
noted that Conditional Use Permit (CUP) 04-1 was originally approved on January 21,
2004, for a restaurant with a drive-thru use. The restaurant began operation in
approximately July 2005. He stated that Staff has reviewed the conditions of approval
of the prior CUP and has determined that this site is in compliance with those conditions
and there have been no complaints or Code Enforcement issues reported. Staff,
therefore, recommends approval of the Indefinite Extension based on overall
compliance with the original CUP and compatibility with the adjacent land uses.
Commissioner Questions
None.
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City of Seal Beach Planning Commission
Meeting Minutes of August 9, 2006
Public Hearino
Chairperson Deaton opened the public hearing.
Lorenzo Reyes, representative for CKE Restaurants, Inc., thanked the PC for the
opportunity to operate in Seal Beach and stated that business has been good at this
location. He said the applicant has no issues with the conditions of approval and that
he would be happy to respond to questions from the Commission.
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
MOTION by O'Malley; SECOND by Ladner to approve the Indefinite Extension of
Conditional Use Permit 04-1 and adopt Resolution 06-35 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, Ladner, and O'Malley
None
Roberts
Mr. Abbe advised that the adoption of Resolution No. 06-35 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
7. Conditional Use Permit 05-5 (Indefinite Extension)
209 Main Street (Woody's Diner)
Applicant/Owner: Erik Johnson / Fran Trostler
Request: Indefinite Extension of Conditional Use Permit 05-5 for
continued operation of a restaurant. Specifically, the
applicant requests to continue to open for breakfast at 7:00
a.m. The request also includes continued placement of
small jukeboxes at each of the tables to play music on the
existing restaurant-wide sound system.
Recommendation: Approval, subject to conditions, and adoption of Resolution
06-34.
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
noted that this location was formerly used for BJ's Pizza and the change in use from
one operator to another included changes to the floor plan, which required approval of a
Conditional Use Permit (CUP) that was granted in May 2005. He stated that the
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City of Seal Beach Planning Commission
Meeting Minutes of August 9, 2006
restaurant has been in operation since approximately July-August 2005. He indicated
that neither Staff nor the Seal Beach Police Department had received any complaints
regarding the operation of this business and all conditions of approval have been met,
therefore, Staff is recommending approval, subject to conditions.
Commissioner Questions
Commissioner Deaton asked if this restaurant had opened at 7:00 a.m. in the past, as
she was concerned about the jukeboxes being used at this hour. Mr. Whittenberg
stated that the jukeboxes are only on the tables inside the restaurant, and he does walk
by the restaurant at least 3 times a week and he has never noted any problems with
loud music.
Public Hearino
Chairperson Deaton opened the public hearing.
Erik Johnson thanked the PC for the opportunity to operate in Seal Beach and stated
that the business has had a good experience in Seal Beach. He said he has received
no complaints regarding the jukeboxes. Commissioner O'Malley noted that he has
patronized Woody's Diner and the music does not interfere at all with conversation.
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
Commissioner Comments
None.
MOTION by O'Malley; SECOND by Ladner to approve the Indefinite Extension of
Conditional Use Permit 05-5 and adopt Resolution 06-34 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, Ladner, and O'Malley
None
Roberts
Mr. Abbe advised that the adoption of Resolution No. 06-34 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
8. Conditional Use Permit 05-7 (Indefinite Extension)
303 Main Street (Athens West)
Applicant/Owner:
Peter Lafkas / Main Street Trust
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City of Seal Beach Planning Commission
Meeting Mmutes of August 9, 2006
Request: Indefinite Extension of a previously approved land use
entitlement allowing the sale of beer and wine for on-site
consumption in conjunction with a restaurant use.
Recommendation: Approval, subject to conditions, and adoption of Resolution
06-36.
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
noted a reconfiguration of the site formerly used for the Main Street Cafe required
approval of a Conditional Use Permit (CUP) that was granted approximately one year
ago. He indicated that neither Staff nor the Seal Beach Police Department had received
any complaints regarding the operation of this business and all conditions of approval
have been met. Staff recommends approval, subject to conditions.
Commissioner Questions
None.
Public Hearino
Chairperson Deaton opened the public hearing.
There being no one wishing to speak, Chairperson Deaton closed the public hearing.
Commissioner Comments
None.
MOTION by Ladner; SECOND by O'Malley to approve the Indefinite Extension of
Conditional Use Permit 05-7 and adopt Resolution 06-36 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, Ladner, and O'Malley
None
Roberts
Mr. Abbe advised that the adoption of Resolution No. 06-36 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
9. Height Variation 06-2
C-25 Surfside
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City of Seal Beach Planning Commission
Meeting Minutes of August 9, 2006
1 Applicant/Owner: Tim Deeds / Antonio Carreon
2
3 Request: To construct a non-habitable Covered Roof Access
4 Structure(s) (CRAS) in excess of the 35-foot height limit.
5 Specifically, the proposed structure would exceed the height
6 limit by approximately 4 feet.
7
8 Recommendation: Approval, subject to conditions, and adoption of Resolution
9 06-33.
10
11 Staff Report
12
13 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
14 Planning Department.) He provided some background information on this item and
15 noted that the City has very specific provisions for the allowance for a Covered Roof
16 Access Structure(s) (CRAS) to exceed the basic height limit, which are set forth in the
17 Zoning Code (ZC) as listed in the Staff Report. He indicated that a CRAS is permitted
18 to exceed the 35-foot height limit for Surfside by up to 7 feet for an enclosure to cover
19 the stairway leading from the 3rd floor living space up to a roof deck. He briefly
20 reviewed the criteria in the Staff Report on size limitations and stated that the proposed
21 structure is in compliance with these requirements. Staff recommends approval, subject
22 to conditions.
23
24 Commissioner Questions
25
26 Commissioner Ladner asked if architects know that there is a 35-foot height limit to
27 structures within Surfside Colony. Mr. Whittenberg stated that they do, but noted that
28 the height of the structure, not counting the CRAS stairway, does meet the City's
29 requirements.
30
31 Public Hearino
32
33 Chairperson Deaton opened the public hearing.
34
35 Antonio Carreon stated that the design for his home is the same design as one used on
36 homes within the B Row in Surfside. He indicated that the access structure goes from
37 the master bedroom to the rooftop deck and is very small. He noted that the majority of
38 the homes in Surfside have these "doghouse" structures. He recommended approval of
39 Height Variation 06-2. Commissioner Ladner asked if many of these structures reached
40 up to 39 feet. Mr. Carreon stated that there are several that are much higher, and he
41 believes this is why height limitations were implemented. He noted that there have
42 been complaints that many of the rooftop accesses for these doghouses are too close
43 to the edge of buildings, but for his home it will actually be recessed in approximately 3
44 feet from the parallel line of the structure. Commissioner Deaton asked Mr. Carreon to
45 state for the record the dimensions of this CRAS. Mr. Carreon stated that it measures
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Meeting Minutes of August 9, 2006
1 approximately 5 ft. x 4 ft., going beyond the 35-foot limit by approximately 4 feet.
2 Commissioner O'Malley noted that the chimney is actually taller than this CRAS.
3
4 Sal Cabobianco stated that he lives in a 2-story cottage at C-26 SUrfside, and his family
5 has lived in Surfside since the late 1950s. He indicated that he had totally remodeled
6 his home and is committed to maintaining as much of the charm of Surfside Colony as
7 possible. He expressed his concern with obstruction of sunlight after the construction of
8 a 3-story home next door and the additional 4-foot extension above the height limit. He
9 also expressed concerns that the CRAS would be on the right side of the new home,
10 and he asked if there were any way to have it constructed on the left side of the home,
11 so that no further obstruction of lighting would occur. He noted that his cottage is
12 surrounded by high structures and he does not want to lose more light that he already
13 has.
14
15 Antonio Carreon, stated that he wants to be a good neighbor, and if it were up to him he
16 would leave his cottage home as is, however, the home currently sits on tiles on the
17 sand and upgrading the home to current building standards would be quite costly, so he
18 decided that he might as well have a new home. With regard to moving the doghouse,
19 the CRAS is designed with switchback stairs and moving the CRAS would be very
20 involved. Commissioner Deaton noted that for other plans in town, she has observed
21 that in order to vary a building, the floor plans are simply reversed. She asked if this
22 were a possibility. Mr. Carreon stated that it was considered, but if this is done the door
23 to his home would then be on the same side as the home adjacent to his, and this
24 would necessitate Mr. Carreon and any visitors walking past his neighbors windows to
25 get to Mr. Carreon's front door.
26
27 There being no one else wishing to speak, Chairperson Deaton closed the public
28 hearing.
29
30 Commissioner Comments
31
32 Commissioner Deaton stated that she understands Mr. Cabobianco's dilemma, as it is
33 also happening in Old Town, but she does feel that in this case because the doghouse
34 is to be recessed, it should not cast more shadow than it has to.
35
36 Commissioner O'Malley stated that it appears that the doghouse won't cast a 4-foot
37 shadow because it is to be moved in away from the side of the house.
38
39 Commissioner Deaton stated that she has a roof deck with no doghouse, and water
40 does not come into her home because it drains well from the roof. She indicated that it
41 is not necessary to have a doghouse, particularly since it is not used for view purposes,
42 because you cannot really stand in it.
43
44 Commissioner Ladner asked if Mr. Carreon had considered not building the doghouse.
45 Mr. Whittenberg interjected that if the Commission had further questions for the
46 applicant, the public hearing should be re-opened.
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City of Seal Beach Planning Commission
Meeting Minutes of August 9, 2006
Chairperson Deaton re-opened the public hearing.
Commissioner Ladner asked if Mr. Carreon had considered not building the doghouse.
Mr. Carreon stated that he had not, as from his experience in previously building four
3,500 sq. ft. homes in Sunset Beach, he found there is a greater risk of having a 4x4
area leak into the home if there is no CRAS to prevent this.
Mr. Cabobianco stated that the last thing he would want is for anyone to have a problem
with leakage. He indicated that most of the homes throughout Surfside Colony
experience leakage whether they have a doghouse or not, due to the flat roofs. He said
that reversing the floor plans and having Mr. Carreon's door adjacent to his would not
be a problem, as Mr. Carreon's front door would then face a spare bedroom in Mr.
Cabobianco's home.
Mr. Carreon reiterated that reversing the floor plan would create conflicts with views
between the homes.
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
MOTION by O'Malley; SECOND by Bello to approve the Height Variation 06-2 and
adopt Resolution 06-33 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Deaton, Bello, and O'Malley
None
Roberts
Ladner
Mr. Abbe advised that the adoption of Resolution No. 06-33 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
STAFF CONCERNS
Mr. Whittenberg reported that on September 6, 2006, the Planning Commission would
conduct a study session regarding third-story height development standards in the
coastal area of Seal Beach. He noted that this is an outgrowth of the issues that arose
during the time the Urgency Ordinance was in place. He indicated that this ordinance
has expired and there are no current prohibitions for construction of a third story as long
as the lot is wide enough to meet City Zoning standards.
He then stated that last week City Staff issued the last four building permits for the
business park buildings in the Boeing industrial park development. He indicated that
occupancy should begin in March/April of 2007. Commissioner Deaton asked if Boeing
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Meeting Minutes of August 9, 2006
1 is to be selling these buildings. Mr. Whittenberg stated that Boeing has already sold the
2 entire development to Overton Moore Properties who is now completing the
3 construction phase and will determine whether they will lease the facilities long-term or
4 sell them to a final end user.
5
6 Mr. Abbe advised that the first of four sessions on ethics training will begin at the next
7 Commission meeting at 6:45 p.m., and these sessions will be open to the public.
8
9 COMMISSION CONCERNS
10
11 None.
12
13 ADJOURNMENT
14
15 Chairperson Deaton adjourned the meeting at 8:20 p.m. to August 23,2006 at 6:45 p.m.
16
17
18 Respectfully Submitted,
19
~~ C'..D.I. . ~ ^" ~\.~,
22 Carmen Alvarez, Executive Secretary
23 Planning Department
24
25
26 APPROVAL
27
28 The Commission on August 23, 2006, approved the Minutes of the Planning
29 Commission Meeting of Wednesday, August 9, 2006. (\14,.
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