HomeMy WebLinkAboutPC Min 2009-04-08City of Seal Beach Planning Commission
Agenda for April 8, 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. Approve Planning Commission Meeting Minutes of March 18, 2009.
2. Receive and File: Overview of “One Water, One Watershed,” 2009 Santa
Ana Integrated Watershed Plan.
3. Receive and File: Orange County Growth Forecasts: Orange County
Projections.
4. Receive and File – 2010 Census Status Report
5. Receive and File – Status Report Re: SB 375
1
City of Seal Beach Planning Commission • Agenda of April 8, 2009
6. Receive and File – Status Report Re: Proposed Rule 2301, South Coast Air
Quality Management District
7. Receive and File: Various Articles of Interest
8. Receive and File: Various Information Documents
9. Minor Plan Review 09-4
4801 Elder Avenue
Applicant/Owner: Shawne L. Perez
Request: To construct a new rock waterfall, approximately 5 ft. in
height, in conjunction with a new in-ground spa to be
located within the required rear yard setback area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-15.
SCHEDULED MATTERS
VI.
10. City of Seal Beach Housing Element Update
Repeat of March 9, 2009 Study Session Presentation
11. Planning Commission Appointment to Ad Hoc General Plan/Local Coastal
Plan Citizens Advisory Committee.
12. Discussion of Chamber of Commerce Items from February 18, 2009 Letter.
PUBLIC HEARING
VII.
13. Variance 09-3
th
209 16 Street (Continued from 3/18/09)
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.
2
City of Seal Beach Planning Commission • Agenda of April 8, 2009
14. Height Variation 09-2
410 Ocean Avenue
Applicant/Owner: Jeff Jeannette / Richard Neri & Kurt Schulzman
Request: To approve new A/C units on an existing roof in excess
of the 25-foot height limit. Specifically, the applicant
proposes to replace an existing A/C unit with three (3)
new A/C units that will exceed the height limit by
approximately 2 ft. 6 in. (27 ft. 6 in. total height). The
maximum Height Variation allowed is 7 feet.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-17.
15. Conditional Use Permit 09-3
210 Main Street (Waki Sushi)
Applicant/Owner: Yong & Jane Park / Gary Putnam & Yvette Jacobson
Request: Establish a new restaurant use with a Type 41 (Beer &
Wine - Eating Place) ABC license within the Main Street
Specific Plan (MSSP) Zone.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-16.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
Cancel meeting of April 22, 2009 and adjourn to next scheduled meeting of May 6,
2009, at 7:30 P.M.
3
City of Seal Beach Planning Commission • Agenda of April 8, 2009
2009 Agenda Forecast
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
4
CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of April 8, 2009
4
5
6
7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, April 8, 2009. The meeting was held
1
9 in the City Council Chambers and began with the Salute to the Flag.
10
ROLL CALL
11
12
13 Present: Chairperson Deaton, Commissioners Eagar, Larson, and Massa-Lavitt.
14
15 Also
16 Present: Department of Development Services
17 Lee Whittenberg, Director of Development Services
18 Jerry Olivera, Senior Planner
19 Quinn Barrow, City Attorney
20
21 Absent: Commissioner Bello
22 Steve Flower, Assistant City Attorney
23
24 Mr. Whittenberg indicated that Commissioner Bello had reported that she would not be
25 in attendance at tonight’s meeting. He requested a motion to excuse her absence.
26
27 MOTION by Massa-Lavitt; SECOND by Larson to excuse Commissioner Bello from the
28 Planning Commission meeting of April 8, 2009.
29
MOTION CARRIED: 4 – 0 – 1
30
AYES: Deaton, Eagar, Larson, and Massa-Lavitt
31
NOES: None
32
ABSENT: Bello
33
34
AGENDA APPROVAL
35
36
37 MOTION by Larson; SECOND by Massa-Lavitt to approve the Agenda as presented.
38
MOTION CARRIED: 4 – 0 – 1
39
AYES: Deaton, Eagar, Larson, and Massa-Lavitt
40
NOES: None
41
ABSENT: Bello
42
43
44
1
These Minutes were transcribed from audiotape of the meeting.
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Meeting Minutes of April 8, 2009
ORAL COMMUNICATIONS
1
2
3 Chairperson Deaton opened oral communications.
4
th
5 Pat Kearns, 209 15 Street, spoke regarding the loading dock at CVS Pharmacy, noting
6 that it is being used for storage rather than as a loading dock. He indicated that it
7 houses a steel storage bin and various boxes of merchandise. He questioned how
8 delivery trucks are unloaded, and stated that he believes this is being done in front of
9 the laundromat. He said he simply wished to bring this to the attention of the Planning
10 Commission (PC) so that CVS can conform just as Vons Market has conformed to the
11 conditions for approval.
12
13 Seth Eaker referred to Item No. 12 and Chairperson Deaton instructed that this item
14 would be addressed during Scheduled Matters and she asked Mr. Eaker to hold his
15 comments until then.
16
17 There being no one else wishing to speak, Chairperson Deaton closed oral
18 communications.
19
CONSENT CALENDAR
20
21
22 Mr. Whittenberg stated that Item 1 should be removed from the Consent Calendar, as
23 Commissioner Eagar was not present at that meeting, and he would have to abstain
24 from voting on this item. Mr. Barrow noted that the record could show that
25 Commissioner Eagar abstained from voting on Item 1 on the Consent Calendar.
26
27 1. Approve Planning Commission Meeting Minutes of March 18, 2009.
28
29 2. Receive and File: Overview of “One Water, One Watershed,” 2009 Santa Ana
30 Integrated Watershed Plan.
31
32 3. Receive and File: Orange County Growth Forecasts: Orange County Projections.
33
34 4. Receive and File – 2010 Census Status Report
35
36 5. Receive and File – Status Report Re: SB 375
37
38 6. Receive and File – Status Report Re: Proposed Rule 2301, South Coast Air
39 Quality Management District
40
41 7. Receive and File: Various Articles of Interest
42
43 8. Receive and File: Various Information Documents
44
45 9. Minor Plan Review 09-4
46 4801 Elder Avenue
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City of Seal Beach Planning Commission
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1 Applicant/Owner: Shawne L. Perez
2
3 Request: To construct a new rock waterfall, approximately 5 ft. in
4 height, in conjunction with a new in-ground spa to be located
5 within the required rear yard setback area.
6
7 Recommendation: Approval, subject to conditions, and adoption of Resolution
8 09-15.
9
10 MOTION by Larson; SECOND by Massa-Lavitt to approve the Consent Calendar as
11 presented.
12
MOTION CARRIED: 4 – 0 – 1
13
AYES: Deaton, Eagar, Larson, and Massa-Lavitt
14
NOES: None
15
ABSENT: Bello
16
ABSTAIN: Eagar (Item 1)
17
18
19 Mr. Whittenberg advised that the adoption of Resolution No. 09-15 begins a 10-day
20 calendar appeal period to the City Council. The Commission action tonight is final and
21 the appeal period begins tomorrow morning.
22
SCHEDULED MATTERS
23
24
25 10. City of Seal Beach Housing Element Update
26 Repeat of March 9, 2009 Study Session Presentation
27
28 Study Session Presentation
29
30 Mr. Whittenberg introduced Mr. John Douglas, a representative for Conexus, for a
31 repeat of the presentation made at the March 9, 2009 City Council Joint Study Session.
32 Mr.
(PowerPoint presentation is on file for inspection in the Planning Department.)
33 Whittenberg explained that because there was not a quorum of Commissioners present
34 at the March 9, 2009 study session, Staff has requested that Mr. Douglas complete the
35 presentation again to provide the opportunity for the Commissioners who were not
36 present to hear the information. He also noted that this provides an opportunity for the
37 presentation to be televised once more. He then requested that Commissioners hold
38 their questions until after the presentation.
39
40 Mr. Douglas stated that the City is in the early stages of the Housing Element (HE)
41 update, which occurs every 5-6 years, and is one component of the City’s General Plan
42 (GP). He explained that the HE is the only component that is strictly controlled by the
43 state in terms of the process, its schedule, and content. He stated that this update
44 would cover the period from 2008-2014, and every city within the Southern California
45 Association of Governments (SCAG) region is currently in the process of updating its
46 HE. He noted that the City’s previous HE was adopted in 2001 and Conexus will be fine
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1 tuning and updating this document based upon changes in state law, circumstances,
2 local conditions, etc., to demonstrate the City’s compliance with state law related to
3 housing and to ultimately receive certification. He then discussed the importance of
4 certification in relation to maximizing the City’s eligibility for grant funds or bonus points,
5 for legal adequacy of the City’s General Plan (GP), and for local control of land use
6 decisions. He noted that recent legislation states that if a jurisdiction does not have a
7 state-certified HE, they could be required to carry over a portion of their fair share
8 regional housing need into the next planning period. Also, SB 375 changes the
9 schedule and the timeline for housing elements, and states that if you do not have an
10 HE that is in compliance, it is only valid for 4 years and must be updated. He explained
11 that having the state certification will maximize the “shelf life” of the HE.
12
13 Mr. Douglas noted that the City of Seal Beach is nearly “built out,” with most of the
14 housing to be built between now and 2014 already on the ground. He then reviewed
15 the Key Requirements for a Housing Element as follows:
16
17 Maintain and improve existing housing.
?
18 Plan for growth needs for all household types and income levels.
?
19 Remove constraints to housing development.
?
20 Ensure fair housing and equal opportunity.
?
21 Accommodate a wide variety of new housing:
?
22 Single family homes & condos
?
23 Multi-family apartments
?
24 Second (“granny”) units
?
25 Transitional housing
?
26 Mixed-use & live/work
?
27
28 Mr. Douglas then reviewed recently approved legislation related to the components to
29 be included in the HE:
30
31 AB 2348 (2004) - Established a benchmark for density of 20 dwelling units/acre that is
32 presumed to be adequate to accommodate low income housing.
33 City must demonstrate that they have adequate sites in their GP and
34 zoning for housing at appropriate densities that could accommodate
35 the growth need as identified by RHNA.
36
37 AB 2634 (2006) - Requires HEs to consider the needs of extremely-low income
38 households whose gross income is no more than 30 percent of the
39 county median.
40
41 SB 2 (2007) - Imposes stronger planning and zoning requirements for emergency
42 shelters and transitional and supportive housing.
43
44 Mr. Douglas explained that an emergency shelter would be a place where people who
45 don’t have a place to stay can come on a day-to-day or night-to-night basis and cannot
46 be turned away because they cannot afford to pay rent. Chairperson Deaton asked
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1 what would constitute the emergency. Mr. Douglas explained that this is not intended to
2 refer to natural disasters or a fire or flood. This law requires that the City have zoning
3 regulations in place that would permit full time, year round emergency shelters for
4 people who are homeless. He explained that cities can enter into multi-jurisdictional
5 agreements with one or two other cities and together develop an emergency shelter that
6 would satisfy their need, or identify a zoning district within the community where
7 permanent emergency shelters are allowed by right, which means without a public
8 hearing or discretionary approval. He emphasized that every city must do this in order
9 to be in compliance with the law, and have up to one year from the adoption date of the
10 HE in order to implement this requirement. He noted that most jurisdictions are
11 identifying a commercial zone, industrial zone, or institutional zone in their community
12 as the zone for emergency shelters.
13
14 Mr. Douglas then explained that transitional housing is longer term, typically two years,
15 and is a bridge to permanent housing from an emergency shelter or for the homeless.
16 He stated that transitional housing may provide supportive services like child care or job
17 training and counseling. He explained that this housing must be treated as a residential
18 use and must be permitted subject to the same requirements and procedures as any
19 other residential use in that zone. Mr. Douglas then indicated that generally transitional
20 housing is usually operated by non-profit agencies. Chairperson Deaton asked if
21 purchasing a home and placing cots inside for use in drug rehab would be considered
22 the same. Mr. Douglas stated that this would be a group home, which is different and is
23 a very complicated area of law of which he is not expert. He deferred to the City
24 Attorney regarding this question. Commissioner Massa-Lavitt asked if these are
25 included in the HE. Mr. Douglas stated that they are included as another type of
26 housing facility under a separate body of law. He cited the example that a group home
27 of say 6 people must be treated as a residential use and permitted by right, as opposed
28 to transitional housing, which is to be treated as a residential use, period, just like any
29 other residential use of that physical type. Mr. Barrow confirmed that what Mr. Douglas
30 states is correct, and group housing involves a whole separate body of work with lots of
31 litigation in this specific area. Chairperson Deaton confirmed that her understanding
32 should then be that transitional/supportive housing should be for the homeless. Mr.
33 Whittenberg explained that it would be a wide-ranging category of living situations and
34 those are issues that will be explored as part of the actual document and further studies
35 as the process progresses. He stated that currently, Staff is just trying to give everyone
36 a general outline of what the state is imposing on the City at this point.
37
38 SB 375 (2008) - Addresses land use and transportation effects on greenhouse gas
39 (GhG) emissions.
40
41 Mr. Douglas noted that SB 375 is not so much an issue with this HE update, but will
42 play a larger role in future updates. He explained that this legislation attempts to link
43 transportation emissions with land use and housing, in trying to deal in a broad fashion
44 with the issue of greenhouse gases and global warming. He noted that it also
45 discusses regional housing needs as part of the growth forecasting process and part of
46 the land use planning process.
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1 Mr. Douglas then reviewed the Housing Element Cycle, noting that all of this information
2 is taken into account and is used to refine and update the City’s program for the next
3 6-year period, and includes the goals, policies, objectives, etc., for the HE.
4
5 He followed with a discussion on Regional Housing Needs Assessment (RHNA), which
6 is the process by which the state allocates responsibility to each jurisdiction for its fair
7 share of the regions housing growth needs. He indicated that this is mandated by state
8 law and is carried out by SCAG, the regional planning organization for 6 counties from
9 Ventura County south, except for San Diego County. He then reviewed the RHNA 2008
10 Income Categories for provision of housing and followed with the projected population
11 growth through the year 2040. He then reviewed the RHNA allocation numbers stating
12 that they are not quotas, since cities do not “build” housing, but can only influence what
13 happens through plans, programs, development standards, and zoning. He showed
14 that the allocation for this update of Seal Beach’s HE is 57 new homes, with 21 of these
15 to provide affordable housing, which is usually focused on rental units. He indicated
16 that the allocations are based upon previous growth trends and available land and the
17 City must review its land use plans and zoning and the capacity of those properties to
18 determine whether it could accommodate RHNA. He added that if cities cannot
19 demonstrate that they have “adequate sites,” they are then obligated to make more
20 capacity available, which usually takes the form of rezoning a vacant site to residential
21 or upzoning from low density residential to high density or creating mixed use projects.
22 He noted that in some limited cases cities can receive credit for the preservation or
23 conversion of existing housing.
24
25 Mr. Douglas ended by reviewing the process for updating the HE as follows:
26
27 Community workshop
?
28 Draft Housing Element
?
nd
29 2 Council/PC meeting
?
30 State HCD review
?
31 Fine-tuning
?
32 Planning Commission & City Council public hearings
?
33 State certification
?
34
35 Commissioner Questions
36
37 Commissioner Larson asked what would be done when looking at vacant land, such as
38 the area along the San Gabriel River, which could be zoned at 20 units/acre, and meet
39 all the criteria, but the California Coastal Commission (CCC) will no allow a residential
40 use in this area. Mr. Douglas stated that the CCC is another layer in this process, and
41 one of the frustrating aspects for planners is dealing with the competing goals and
42 interests of different state agencies. He stated that the HE will look at the available
43 lands within the city and make an assessment of what regulations apply to those lands,
44 with the focus on City regulations, because those are the things that we can control.
45 Also, the HE will acknowledge where other regulations (state, federal, etc.) will affect
46 the process. Commissioner Larson stated that he had suggested using some of the
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1 land around the Seal Beach Naval Weapons Station (NWS) for affordable housing, but
2 was not certain that this would be possible. Mr. Douglas stated that he is not certain of
3 this, but things change and Conexus could certainly look at this. Commissioner Larson
4 said he does not look favorably on any state legislature helping the City out, and any
5 time the City tries to make it work and it doesn’t satisfy them, they will make it
6 impossible to do. He noted that he does not want the City to have to condemn houses
7 or give up tennis courts, etc., to satisfy the needs. He stated that right now the
8 Conexsus report states that we do not have to build a shelter, but if someone wants to
9 build one the City cannot stop them. Mr. Douglas added that the new law states that
10 one of the options is to identify a zoning district where shelters are allowed by right, but
11 it also states that cities can establish reasonable development standards for shelters,
12 like the maximum number of beds, security, lighting, parking, etc.
13
14 Mr. Whittenberg indicated that this is still very early in the process and Mr. Douglas will
15 be conducting an additional community meeting to receive further input from the
16 community and service providers providing services to low to moderate income
17 persons, family assistance programs, homeless assistance programs, and attempt to
18 find out what the needs are. All of this information would then be reviewed prior to
19 preparation of the draft HE, which will attempt to meet state demands without creating a
20 burden to the community. He noted that currently the density within Old Town for
21 single-family homes is 20 units/acre, the Oakwood Apartments is 33 units/acre,
22 Rossmoor Townhomes is 45 units/acre, so the City has a lot of zoned areas that are
23 already at the required densities, it is now just a matter of finding available land in those
24 areas that can be identified to meet the quota for housing units.
25
26 Chairperson Deaton commented that the state tells us how we are to do our local
27 planning, because if we don’t do it that way, they will take away our local planning. Mr.
28 Whittenberg clarified that the state would not take it away, but it would be a legal
29 challenge by some interested party that would place the City’s ability to issue permits for
30 things in jeopardy. He stated that Staff would attempt to lay out the pros and cons
31 regarding the City’s options.
32
33 11. Planning Commission Appointment to Ad Hoc General Plan/Local Coastal Plan
34 Citizens Advisory Committee.
35
36 Staff Report
37
38 Mr. Whittenberg explained that CC has reconstituted the Ad Hoc General Plan/Local
39 Coastal Plan Citizens Advisory Committee primarily as a result of the Housing Element
40 process, and will attempt to bring the adoption process for a Local Coastal Plan (LCP)
41 to the forefront. He stated that membership requirements have also changed to have
42 one member of the PC as an appointee. He indicated that the PC would make this
43 appointment, and they could do so tonight or at a later date.
44
45 Chairperson Deaton asked the pleasure of the PC. Commissioner Massa-Lavitt stated
46 that if this does not have to be done immediately, this action could wait until
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1 Commissioner Bello returns. Chairperson Deaton pointed out that the PC would still be
2 short one Commissioner, as Commissioner Eagar would not be in attendance.
3 Commissioner Massa-Lavitt nominated Ellery Deaton as the appointee to the Ad Hoc
4 General Plan/Local Coastal Plan Citizens Advisory Committee. Commissioner Larson
5 seconded the nomination. Chairperson Deaton accepted.
6
7 Mr. Whittenberg noted that no meetings have been scheduled as yet, and would
8 probably not be scheduled until July or August of this year. He indicated that Staff
9 would confirm the meeting dates at a later time.
10
11 MOTION by Massa-Lavitt; SECOND by Larson to appoint Ellery Deaton to the Ad Hoc
12 General Plan/Local Coastal Plan Citizens Advisory Committee.
13
MOTION CARRIED: 4 – 0 – 1
14
AYES: Deaton, Eagar, Larson, and Massa-Lavitt
15
NOES: None
16
ABSENT: Bello
17
18
19 12. Discussion of Chamber of Commerce Items from February 18, 2009 Letter.
20
21 Staff Report
22
23 Mr. Whittenberg stated that a copy of the letter received from the Seal Beach Chamber
24 of Commerce (SBCC) is included with the Staff Report packet. He noted that Staff met
25 with Mr. Seth Eaker to discuss the concerns expressed in the letter, and to allow SBCC
26 to more clearly understand what the City’s capabilities are to respond to some of those
27 concerns. He indicated that the Staff Report shows that in most areas the SBCC has a
28 better understanding of what “might” be possible, and Staff has suggested some
29 alternatives. He then noted for the record that Mr. Eaker has submitted a letter to the
30 PC this evening that addresses some of those same concerns. He stated that the PC
31 does have the authority to provide direction to Staff to further investigate some of these
32 issues; however, in many of the areas of concern the PC does not have the authority to
33 take action, because they are governed by CC ordinances through encroachment
34 permits, Special Event Permits, etc., that are outside of the Zoning Code (ZC).
35
36 Commissioner Questions
37
38 None.
39
40 Public Comments
41
42 Seth Eaker thanked the PC for its consideration of these concerns and Planning Staff
43 for meeting with him to discuss them. He briefly reviewed the concerns as outlined in
44 the SBCC letter date April 8, 2009, .
(Copy on file for review in the Planning Department)
45 He highlighted the issues as follows:
46
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1 Sidewalk encroachments and outdoor displays – Through the Special Event
?
2 Permit (SEP) Process, SBCC will conduct 6 two-day Sidewalk Sales during the
3 summer season. SBCC requests that PC revisit the ZC requirements for
4 sidewalk encroachment and outdoor displays.
5
6 Summer Concert Series – Using the Special Event Permit (SEP) Process, SBCC
?
7 will host 6 concerts, and will co-sponsor with another business member to hold 3
8 more concurrent concerts.
9
10 In-Lieu Parking Fees – SBCC feels that under the direction of the PC Staff is
?
11 really being responsive to the needs of the business community in creating
12 modified payment schedules for businesses subject to in-lieu fees.
13
14 He again thanked the PC and Staff for their support.
15
16 Commissioner Questions
17
18 Commissioner Massa-Lavitt commented that when visiting Main Street during the
19 summer months all of the outdoor displays and sandwich signs leave little room to walk
20 along the sidewalks. She stated that blocking the pathway for customers and visitors is
21 not a good idea. She said that the SBCC must come up with a solution for promoting
22 business without obstructing the right-of-way. Mr. Eaker was in agreement, and noted
23 that perhaps “block-by-block” sidewalk sales could be scheduled at various times
24 throughout the year. He added that accessibility was also an important factor for the
25 disabled.
26
27 Chairperson Deaton suggested using just one side of the street for each sidewalk sale,
28 and this would allow for better access by foot traffic on the opposite side of the street.
29 Mr. Eaker stated that he would be happy to take further suggestions after tonight’s
30 meeting.
31
32 Commissioner Eagar recommended that Mr. Eaker visit the San Luis Obispo Farmer’s
33 Market as a model. He stated that it is scheduled for Thursday evenings and is
34 “unbelievable.”
35
36 Mr. Whittenberg clarified that if the PC has no specific direction for Staff, it would be
37 appropriate to have a motion to Receive and File the staff report. Commissioner
38 Massa-Lavitt stated that she wished to make a motion to direct Staff to continue to work
39 with the SBCC to develop solutions to the concerns discussed tonight.
40
41 Chairperson Deaton stated that she wishes to make a motion to recommend that City
42 Council further examine the issue of in-lieu parking fees.
43
44 Commissioner Larson stated that while watching the last televised City Council (CC)
45 meeting he observed that the SBCC has a lot of fence-mending to do with CC. He said
46 he was particularly interested in the Mayor’s comments, and does not want to push the
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1 Chamber’s points onto the CC. They must deal with the CC itself, so he would vote
2 “NO” on sending anything to CC that would appear to be supported by the PC. He
3 believes CC should direct Staff to work with the SBCC.
4
5 Commissioner Massa-Lavitt stated she would withdraw her motion and make a new
6 one. She moved that the PC recommend to the CC to direct Staff to continue to work
7 with the SBCC to develop solutions to concerns expressed. Commissioner Larson
8 stated that he does not want the PC to appear to be pushing any particular agenda.
9
10 Chairperson Deaton stated that rather than making a motion, she suggests the PC
11 simply thank Staff for the work they have done and ask them to continue working on it.
12
13 Commissioner Massa-Lavitt withdrew her motion.
14
15 MOTION by Larson; SECOND by Massa-Lavitt to Receive and File Staff Report on
16 Chamber of Commerce Items from February 18, 2009 Letter.
17
MOTION CARRIED: 4 – 0 – 1
18
AYES: Deaton, Eagar, Larson, and Massa-Lavitt
19
NOES: None
20
ABSENT: Bello
21
22
23 Mr. Whittenberg suggested that the PC take a 5-minute recess prior to beginning public
24 hearings.
25
26 Chairperson Deaton called for a recess at 8:50 p.m.
27
28 The meeting reconvened at 8:55 p.m.
29
30 Mr. Whittenberg noted that Commissioner Eagar wishes to enter a statement into the
31 record. Commissioner Eagar stated that he would abstain from voting on Variance
32 09-3, as he was not present at the meeting of March 18, 2009.
33
34 Commissioner Massa-Lavitt stated that she did view the meeting of March 18, 2009, on
35 television and would be eligible to hear and vote on this item.
36
PUBLIC HEARINGS
37
38
39 13. Variance 09-3
th
40 209 16 Street (Continued from 3/18/09)
41
42 Applicant/Owner: Jeff Jeanette / Devin & Sue Dunbar
43
44 Request: To allow a 738-sq. ft. expansion to an existing,
45 nonconforming residential property without the provision of
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1 required off-street parking. The property is nonconforming
2 due to the lack of an enclosed two-car garage.
3
4 Recommendation: Approval, subject to conditions, and adoption of Resolution
5 09-12.
6
7 Staff Report
8
9 Mr. Whittenberg delivered the staff report.
(Staff Report is on file for inspection in the
10 He provided some background information on this item and noted
Planning Department.)
11 that this item was continued at the direction of the PC to allow Staff to attempt to work
12 with the architect and the property owners to see if there were alternatives to address
13 the continued use of the open parking area for parking at the rear of the property for two
14 normal-sized vehicles, and to attempt to discourage parking of a large RV-type vehicle.
15 He indicated that the Staff Report discusses the 4 different options proposed and noted
16 that Staff has attempted to describe to the PC what the applicant’s preference would be.
17 He quickly reviewed the options as shown on Pages 2-5 of the Staff Report. The
18 proposed options include:
19
20 1. Maintain the existing open parking area with a recorded covenant that would
21 provide notice to any future owner of the parking restrictions to ensure the
22 availability of off-street parking within the area for the continued use of parking of
23 the resident’s vehicles.
24 2. Maintain existing open parking area with the installation of two strategically
25 placed permanent bollard posts into the paved parking area to eliminate the
26 capability of parking an oversized vehicle in the rear parking area, but still allow
27 ease of access for normal passenger cars or vans.
28 3. Construct a cantilevered aluminum carport structure.
29 4. Construct a column-supported carport structure.
30
31 Mr. Whittenberg briefly reviewed each option and noted that the applicants favor Option
32 2, and Staff feels that this comes closest to addressing some of the concerns of the
33 public and the PC. He then briefly described the proposed designs as shown in
34 Attachments 2 through 5 of the Staff Report.
35
36 Commissioner Questions
37
38 None.
39
40 Public Hearing
41
42 Chairperson Deaton opened the public hearing.
43
44 Jeff Jeannette, architect for the project, stated that he and the applicants have worked
45 very closely with Staff, and he would like to focus on the concern over limiting the RV
46 parking. He stated that Option 2, with the permanent bollard post will adequately
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1 accomplish this. He said that he is not certain that the additional cost of attaching a
2 structure to the home to hold a cantilevered carport or a column-supported carport
3 would be justified, and it would create more difficulty than is necessary.
4
5 Commissioner Massa-Lavitt asked what the width between the bollard posts would be.
6 Mr. Jeanette stated it would be approximately 7-8 feet at most. Mr. Olivera stated that
7 the distance from property line to property line is showing a width of 18 feet 6 inches
8 and factoring in the 3-foot side setbacks, this would leave 9-10 feet. Mr. Jeanette
9 explained that with the utility pole, the width of the alley, everything else with respect to
10 property line location, and the possibility of a future fence going down that line, this
11 literally prohibits getting an RV into that space. He noted that it will be difficult enough
12 to park a standard vehicle there. Commissioner Massa-Lavitt asked if Mr. Jeanette
13 were proposing to place a fence along the property line. Mr. Jeanette stated he was
14 not, but there is the possibility of the neighbor doing something. He added that he
15 wants to address the concerns without placing a great hardship on the property owner.
16 Commissioner Massa-Lavitt emphasized that an RV could easily be parked within that
17 parking area, and she would not like to see this occur. Mr. Jeanette stated that the
18 owners have assured him that they would not park an RV there, and with the bollard
19 posts there would be no way fitting an RV into that space.
20
21 Susan and Devin Dunbar stated that the RV has been parked elsewhere and they
22 understand the concerns with parking it in the rear of the property and will not continue
23 to do so. She noted that the only way the RV could be parked would be off the alley,
24 but with the installation of the bollard posts, this would no longer be possible. Mrs.
25 Dunbar repeated that they do have a space to park the RV elsewhere, and noted that
26 the approval could be conditioned to prohibit the parking of an RV on the property. She
27 explained that they were not in favor of Option 1, as they did not want a covenant
28 attached to the property, which might potentially create a problem for a future owner.
29 Chairperson Deaton clarified that the PC is addressing the issue of the RV, as this was
30 brought to the attention of the PC by a member of the public.
31
th
32 Pat Kearns, 209 15 Street, stated he has no problem with the proposal of Option 2.
33 Chairperson Deaton noted that Mr. Kearns has the same size lot as the Dunbar’s, and
34 thanked him because everything on his lot had been “done right.”
35
36 There being no one else wishing to speak, Chairperson Deaton closed the public
37 hearing.
38
39 Mr. Whittenberg noted that Staff could add a condition to Resolution 09-12 prohibiting
40 parking of an RV vehicle on the property, in addition to any other conditions imposed by
41 the PC.
42
43 Commissioner Comments
44
45 None.
46
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1 MOTION by Larson; SECOND by Massa-Lavitt to approve Option 2 as proposed.
2
MOTION CARRIED: 3 – 0 – 1 – 1
3
AYES: Deaton, Larson, and Massa-Lavitt
4
NOES: None
5
ABSENT: Bello
6
ABSTAIN: Eagar
7
8
9 MOTION by Larson; SECOND by Massa-Lavitt to approve Variance 09-3, subject to
10 conditions, approving Option 2 for installation of bollard posts, and adopt Resolution
11 09-12 as amended to prohibit parking of an RV vehicle on the rear of the property.
12
MOTION CARRIED: 3 – 0 – 1 – 1
13
AYES: Deaton, Larson, and Massa-Lavitt
14
NOES: None
15
ABSENT: Bello
16
ABSTAIN: Eagar
17
18
19 Mr. Barrow advised that the adoption of Resolution No. 09-12 begins a 10-day calendar
20 appeal period to the City Council. The Commission action tonight is final and the
21 appeal period begins tomorrow morning.
22
23 On her and Mr. Dunbar’s behalf, Mrs. Dunbar thanked the PC and Staff for all of the
24 work that went in to finding a viable solution to the parking issue on this project.
25
26 14. Height Variation 09-2
27 410 Ocean Avenue
28
29 Applicant/Owner: Jeff Jeannette / Richard Neri & Kurt Schulzman
30
31 Request: To approve new A/C units on an existing roof in excess of
32 the 25-foot height limit. Specifically, the applicant proposes
33 to replace an existing A/C unit with three (3) new A/C units
34 that will exceed the height limit by approximately 2 ft. 6 in.
35 (27 ft. 6 in. total height). The maximum Height Variation
36 allowed is 7 feet.
37
38 Recommendation: Approval, subject to conditions, and adoption of Resolution
39 09-17.
40
41 Mr. Barrow noted for the record that Chairperson Deaton lives within 500 feet of this
42 project and would recuse herself from this public hearing. Chairperson Deaton exited
43 Council Chambers.
44
45
46
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1 Staff Report
2
3 Mr. Whittenberg delivered the staff report.
(Staff Report is on file for inspection in the
4 He provided some background information on this item and noted
Planning Department.)
5 that this item was previously before the Planning Commission (PC) in January 2009, at
6 which time the PC approved the request with an overall height of 26 ft. 8 in. to the top of
7 the screen structure, and a condition of that approval was that a survey be done to
8 verify the height of the screens. The initial survey was done from the front of the
9 property line rather than at the front of the building line, and was, therefore, incorrect.
10 The subsequent height survey indicates that the overall height is, in fact, 27 ft. 6 in. The
11 applicants are now resubmitting a request for a height variation of 2 ft. 6 in. rather than
12 the original 18-in. height variation. He indicated that Staff has provided to the PC the
13 revised plans and the certification letter from the surveyor, and based upon the
14 information from the previous hearing, Staff is recommending approval of Height
15 Variation 09-2, subject to conditions.
16
17 Commissioner Questions
18
19 Commissioner Eagar asked if the AC units are to be covered. Mr. Whittenberg
20 explained that they will be “screened” so that they cannot be seen from neighboring
21 homes.
22
23 Public Hearing
24
25 Vice-Chairperson Massa-Lavitt opened the public hearing.
26
27 Jeff Jeannette, architect for the project, stated that this application is an attempt to
28 correct the error made in the initial survey to ensure that approvals are received for the
29 correct measurements.
30
31 There being no one else wishing to speak, Vice-Chairperson Massa-Lavitt closed the
32 public hearing.
33
34 Commissioner Comments
35
36 Vice-Chairperson Massa-Lavitt noted that she had visited the site and there is no way
37 one can see these units from street level. She said she had no problem with approving
38 this request.
39
40 Commissioner Eagar asked if Staff had received any comments in opposition to this
41 request. Mr. Whittenberg stated that Mr. Olivera had received one general inquiry via
42 telephone.
43
44 MOTION by Larson; SECOND by Eagar to approve Height Variation 09-2, subject to
45 conditions, and adopt Resolution 09-17 as presented.
46
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MOTION CARRIED: 3 – 0 – 1
1
AYES: Massa-Lavitt, Eagar, and Larson
2
NOES: None
3
ABSENT: Bello
4
5
6 Mr. Barrow advised that the adoption of Resolution No. 09-17 begins a 10-day calendar
7 appeal period to the City Council. The Commission action tonight is final and the
8 appeal period begins tomorrow morning.
9
10 Chairperson Deaton returned to Council Chambers. She noted that she was required to
11 leave Council Chambers because she lives 500 feet from the subject property and could
12 not participate in this hearing.
13
14 15. Conditional Use Permit 09-3
15 210 Main Street (Waki Sushi)
16
17 Applicant/Owner: Yong & Jane Park / Gary Putnam & Yvette Jacobson
18
19 Request: Establish a new restaurant use with a Type 41 (Beer & Wine
20 – Eating Place) ABC license within the Main Street Specific
21 Plan (MSSP) Zone.
22
23 Recommendation: Approval, subject to conditions, and adoption of Resolution
24 09-16.
25
26 Staff Report
27
28 Mr. Whittenberg delivered the staff report.
(Staff Report is on file for inspection in the
29 He provided some background information on this item noting
Planning Department.)
30 that the facility proposed for this restaurant use is in the 200 block of Main Street and
31 was the previous location for “Sweet Berry Bliss,” a frozen yogurt shop, and for many
32 years before that was “Grandma’s Cookies,” and is located just north of the Bank of
33 America. The previous uses of the building are classified a dessert shop/coffee house
34 under the standards of the Main Street Specific Plan (MSSP) and that type of use has a
35 different parking requirement than a restaurant use, as indicated in the Staff Report
36 discussion on the requirements for “in-lieu parking” based on that difference in parking
37 standards. On the rear of the property there is a two-story structure, which is a single-
38 car garage with a living unit above it, and the front building for the proposed restaurant
39 use itself is single-story. Both the buildings are old enough that Staff could not find
40 building permit records for the initial construction of either of these structures. The
41 general position of Staff is that these uses are nonconforming and when new
42 applications come before the Planning Commission (PC) they must be made as
43 conforming as possible. Within the MSSP there are a number of findings that must be
44 made in order to approve requests for Conditional Use Permits (CUP), as shown on
45 Page 3 of the Staff Report:
46
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1 The use is consistent with the provisions of the City’s General Plan, and is also
?
2 consistent with the remaining elements of the City’s General Plan.
3 The use is compatible with surrounding uses and the community in general, and
?
4 not detrimental to the neighborhood.
5 The subject property is adequate in size, shape, topography, and location to meet
?
6 the needs of the use of the property.
7 The use is consistent with the intent and purpose and vision established for the
?
8 MSSP.
9 The use does not conflict with the Specific Plan’s goal to establish and maintain a
?
10 balanced mix of uses that serve the needs of both local and non-local populations.
11 The use will contribute to the unique character of Main Street and the qualities that
?
12 provide Main Street a sense of identity.
13
14 Those are findings that the PC must make to approve both the conversion to a
15 restaurant use and to approve the requested alcohol use on this property.
16
17 Also in-lieu parking issues arise in this type of use because of the change in parking
18 requirements. For a dessert shop/coffee house use the parking standard is 1 parking
19 space per 500 sq. ft. of building area; for a restaurant it is 1 parking space per 100 sq.
20 ft. In this case 11 spaces total are required, with 3 spaces grandfathered based on the
21 size of the current building as a dessert shop use, leaving a net deficiency of 8 spaces.
22 The City’s in-lieu parking fee is $3,500 per space, so the total required fee to allow the
23 conversion to a restaurant is $28,000. The PC has given Staff some direction on a fairly
24 recent application on Main Street to spread that payment schedule out as far as
25 realistically possible with a 7-year time period the longest time allowed for the payment
26 of fees, but the actual terms and conditions are something that would be negotiated
27 between the business operator and City Staff.
28
29 The discussion on the proposed alcohol use as opposed to the restaurant use itself is
30 found in the Staff Report beginning on Page 5. Alcohol uses on Main Street have
31 always been a concern to the community and in 1996 there was a major revision to the
32 MSSP that set in place the in-lieu fee of $3,500, the requirement for a CUP, and when
33 the MSSP was going through the revision process, there was extensive discussion
34 about the City trying to establish a numerical cap on alcohol licenses allowed on Main
35 Street. That discussion between PC, City Council (CC), and the public went on for
36 approximately one and one-half years. The end result was that the City determined not
37 to impose any numerical caps on alcohol licenses permitted on Main Street, and would
38 leave this to the discretion of the City through the CUP process. Information from the
39 Department of Alcohol and Beverage Control (ABC) as to how many licenses could
40 occur within the Main Street/Old Town area appears on Page 5 of the Staff Report.
41 Those numbers are determined by ABC on what is called a census tract basis. There
42 are two census tracts that comprise Old Town, with the tract numbers of 995.11 and
43 995.12. They basically split Old Town down Central Avenue; one tract is Central
44 Avenue to the ocean and the other tract is Central Avenue to Pacific Coast Highway
45 (PCH). ABC has a ratio that is determined on a statewide basis for what puts a
46 particular census tract into an over concentrated situation, and this number is
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1 determined on a yearly basis by state ABC based upon population estimates provided
2 by the state. Based upon the current population in those areas, the total on-sale
3 licenses would be 7 in both census tracts in order to not have an over concentration of
4 licenses. Those two census tracts include the south side of PCH and whatever
5 restaurant uses might be along PCH in addition to Main Street. Currently the City
6 has 29 licensed locations in these two census tracts, and on Pages 5 and 6 of the Staff
7 Report a detailed listing of each of those licensed locations is shown with the name of
8 the business, the address, and the census tract. In 1995, as a result of consideration of
9 an application for a proposed restaurant in the 300 block of Main Street, the PC
10 determination was to approve the restaurant use and deny the alcohol sales, and when
11 the matter eventually went before CC they asked for some overview of these issues. In
12 December 2005, CC gave specific direction to Staff to not make recommendations on
13 an alcohol license application in the Main Street area, so tonight’s Staff Report does not
14 make a recommendation on the alcohol sales, but presents the information that is
15 consistently provided on all application in the Main Street area. Staff is recommending
16 approval of the restaurant use, but does not make a recommendation for the alcohol
17 sales. The standard conditions for an alcohol license are included in the Staff Report,
18 should the PC determine to approve this. Staff has also provided the information on
19 Page 12 showing which conditions would need to be removed, should the PC consider
20 approving the matter without alcohol sales. For the record Staff received a letter from
21 the Seal Beach Chamber of Commerce in support of CUP 09-3 and also a letter from
22 Warren and Mitzi Morton indicating their opposition to approval CUP 09-3 and
23 requesting that the matter be denied.
24
25 Commissioner Questions
26
27 Commissioner Larson asked if Condition No. 4 on Page 9 should read “. . . indicating
28 the availability of beer and wine . . .” Mr. Whittenberg indicated that that would be
29 corrected.
30
31 Commissioner Eagar asked if the proposed restaurant is to be located in Census Tract
32 995.12. Mr. Whittenberg confirmed that this was correct. Commissioner Eagar noted
33 that this census tract has 14 alcohol licenses. Mr. Whittenberg stated that there are 14;
34 however, 3 would be the number indicated by ABC to not be over concentrated. He
35 noted that Staff has combined both tracts, as Staff has always looked at Main Street as
36 a whole, but due to population growth, since the 2000 census Main Street was split into
37 two census tracts. Chairperson Deaton indicated that the number of licenses along all
38 of Main Street, which is 19, is the number that would be relevant.
39
40 Public Hearing
41
42 Chairperson Deaton opened the public hearing.
43
44 The applicant, Yong Park, stated that before closing escrow he was not aware of all the
45 licensing requirements, and although he understands about the over concentration of
46 alcohol licenses, he believes that the sale of alcohol would be an essential part of
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1 operating a Japanese restaurant. He questioned the prospect of the restaurant
2 succeeding without the ability to offer beer, sake, or wine to its customers. He stated
3 that he hopes to open the restaurant as soon as possible, and cannot wait 6-12 months
4 to receive approval for an alcohol license as restaurant sales would not be strong
5 enough for it to succeed. He requested approval of CUP 09-3.
6
7 Seth Eaker spoke in favor of CUP 09-3 citing diversity of uses along Main Street and
8 noting that restaurants represent the engine that drives destination travel on evenings
9 and weekends. He noted that there has been a recent increase in ethnic dining choices
10 creating a positive and diverse dining experience for residents and visitors. With regard
11 to alcohol licenses he suggested imposing a 6-month review period to see if this
12 restaurant would be a good fit for the community, noting that Pho Basil Leaf was
13 approved without alcohol sales and has been doing well. He then thanked the PC for its
14 direction in allowing Staff to disburse the payment of in-lieu parking fees over a period
15 of time. He recommended approval of CUP 09-3.
16
17 There being no one else wishing to speak, Chairperson Deaton closed the public
18 hearing.
19
20 Commissioner Comments
21
VERBATIM TRANSCRIPT OF DISCUSSION.
22
23
24
Chairperson Deaton:
25
26 There were a number of people who talked to me about this and, frankly, I expected
27 there to be a large concern with the alcohol permits. I did not expect there to be a large
28 concern with the restaurant itself. The feedback that people gave me was the “diversity
29 of use has to do with the diversity of parking demand,” and in some ways I have never
30 thought of that. The reason that we want to have restaurants is so that we have foot
31 traffic for our other businesses, but also, the other businesses need places for their
32 patrons to park, and if the restaurants are going to take up all of the parking because of
33 their higher parking demand, then there is no place for the people to park and go to the
34 other businesses, which are the ones that, frankly, are having more trouble in town right
35 now than anyone else. We have already seen a number of businesses go out. I know I
36 just saw Main Street Financial, The Travel Center, the clothing store, although we did
37 get another clothing store in there, which is really nice. We had the T-shirt store that
38 went out, but then again we got a children’s’ shop in there. I think the biggest concern
39 to the residents that talked to me is parking, parking, parking, and after that was alcohol,
40 which, frankly, surprised me. I thought the biggest concern would have been alcohol. I
41 had a woman who called me today who said, “I love sushi and I would love to have a
42 sushi restaurant, but I can’t walk down Main Street and I can’t find a parking spot.” She
43 said that it was absolutely not appropriate to add yet another restaurant. I would like
44 to propose something and see what my fellow Commissioners think. I would like to
45 continue this and send it to CC and ask them, since they are the elected and they are
46 really the ones that need to grapple with this, “What to you want to do on this?” I mean
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1 we have the in-lieu parking, which is great, the City makes money off of it, I guess, but it
2 doesn’t mitigate anything. It doesn’t give us any parking spaces. What we need are
3 parking spaces before we can put in another intensive use for parking. So I would really
4 like to continue it and ask that the CC tell us: “What do you want to do about more
5 restaurants on Main Street?” “What do you want to do about more alcohol permits?”
6 “How do you want to handle this?” because once we give an alcohol permit, we may
7 give an alcohol permit for sushi and two years later the sushi restaurant is gone and that
8 alcohol permit is still there. One of the big problems that we are hearing about now is
9 that the sidewalks are not clean enough because of the different alcohol-related
10 establishments, and so forth. I don’t feel confident to make this decision on behalf of
11 the elected.
12
13
Commissioner Massa-Lavitt:
14
15 I agree with you that CC needs to make a decision on what they are going to do about
16 the parking issue. They can’t keep collecting money and not provide any parking
17 spaces. Your thoughts are “right on” there. I don’t want to keep this business, however,
18 from being able to move forward pending an action of the CC. I think that would be a
19 true hardship on this business. So I would want to move ahead with these guys and
20 have them go in and have their beer and wine license. The point is well taken that a
21 sushi restaurant generally does not foment the kind of rowdy behavior that maybe a
22 Clancy’s or Hennessey’s or that an O’Malley’s does at certain times of the year or on
23 the weekends, but because of that I do not want to see them not be able to move
24 ahead. I would like to continue on with your thought, Chair Deaton, to recommend to
25 the CC that they come up with solutions to the problems down here. Maybe we need a
26 parking structure. I don’t know where they are going to put it, but it’s been done. It
27 would take a good deal of thought and work, but those kinds of things can happen in a
28 dense downtown, and maybe it’s time for them to “bite the bullet” and come up with a
29 solution.
30
31
Chairperson Deaton:
32
33 I cannot in conscience go forward with it. With 19 alcohol permits out there, knowing
34 how the constituents down here feel about it, and living a half block off of it and ending
35 up with no parking in the neighborhood. So, it gives me a real problem to do that. I also
36 know that there are other establishments in town that the minute we give this one, they
37 will all be back and say, “Hey, we’ve already been here, so now it’s our turn to get an
38 alcohol permit.” I don’t know how we would justify, for instance, a restaurant we just
39 approved coming in and saying, “Wait a minute. I want mine now.”
40
41
Commissioner Massa-Lavitt:
42
43 Is it possible to do an ABC moratorium just on Main Street?
44
45
46
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1
Quinn Barrow:
2
3 It may be possible. The only prohibition would be if we have done that before in the
4 City. You should only do a moratorium once. Lee and I were actually talking about this
5 in the past and we don’t know if there has been a moratorium on the issuance of CUPs
6 on Main Street in the past, but we would have to consider that, number one. Number
7 two, as you know, the CC is the only body that has that power, so you could
8 recommend it to the CC. With respect to considering these different suggestions of the
9 Commission, there is a way to accomplish what the Chair wants; however, to continue
10 this matter and send it up to the CC wouldn’t work, because they are the appellate body
11 of this body, and so if they provided input while this is still within your jurisdiction then
12 basically they would be “tainted” from the process and would not be able to hear any
13 appeals. So there are other ways to accomplish what you would want, but I just want to
14 point that out.
15
16
Chairperson Deaton:
17
18 Would the appropriate way to do it maybe be to deny it and then if it gets appealed, then
19 the CC could address it at that point?
20
21
Quinn Barrow:
22
23 That’s one of the ways, but there are really 3 different ways:
24
25 1. You could deny without prejudice. Essentially that means that for them to reapply
26 they would not have to wait a year.
27 2. There is also the issue of there could be a suggestion to waive the fee to appeal.
28 3. Another way is the CC always has the power to call things up for review and that
29 way it is not an appeal, but in essence they would still have the same type of hearing
30 de novo before the CC, but that is also a way that they would not have to pay the
31 appeal fee.
32
33
Chairperson Deaton:
34
35 Well then, I think what I would like to do is recommend that we deny it without prejudice
36 and waive the appeal fee.
37
38
Quinn Barrow:
39
40 You would make that recommendation, because only the CC can waive that, but your
41 motion would be to deny without prejudice and recommend to the CC that they can
42 appeal without paying the fee.
43
44
45
46
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1
Commissioner Larson:
2
3 I know what your problem is and I guess we all share it. My understanding of the
4 applicant’s statement was that he wasn’t aware before he closed escrow, everybody
5 has that problem I guess, that there are licensing problems and zoning problems, and a
6 lot of other problems, but we are not having a meeting for a month.
7
8
Chairperson Deaton:
9
10 But the Council will, so if we go ahead and deny it then it can go on to CC.
11
12
Commissioner Larson:
13
14 That’s right.
15
16
Commissioner Eagar:
17
18 When is the Council meeting?
19
20
Lee Whittenberg:
21
22 First off the Commission needs to make your decision on what you think is the best
23 decision because you may deny in anticipation that an appeal may be filed, but if an
24 appeal is not filed, after 10 days your decision is the final decision.
25
26
Chairperson Deaton:
27
28 Which is fine too, but the whole things is we have a problem here, and it is not limited to
29 just one particular application and we’re going to get ourselves in serious trouble by
30 “piecemealing this decision.” I think we really need to get direction from CC and I like
31 Quinn’s suggestion that we do it that way so that we’re not “muddying the water.”
32
33
Lee Whittenberg:
34
35 Keep in mind that assuming Commission goes down the road of denying the application
36 and recommending to Council that an appeal fee be waived, if an appeal is filed, there
37 is a 10-day period to file the appeal, depending upon when that gets submitted to the
38 City, assuming one is applied for. If it’s fairly quickly, we might be able to get it on a
39 May meeting, it depends on publication dates for newspapers and a number of other
40 things, so it just depends on when those things fall into place, as to how quickly
41 something may get to CC, and I can’t give you definite answers on that.
42
43
Commissioner Larson:
44
45 What happened to another one on the 300 block that got to Council, where the
46 Commission had said O.K. for food, but no liquor?
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1
Lee Whittenberg:
2
3 That business eventually decided not to activate this CUP and it was reapproved for a
4 wine tasting business as opposed to a restaurant.
5
6
Chairperson Deaton:
7
8 That is my suggestion, especially without Commissioner Bello here tonight, who also
9 shares this district. I feel the responsibility is beyond us.
10
11
Commissioner Larson:
12
13 I agree with that. I share your concern. I think I know what it is. You remember that
14 some time ago we went back with what to do with a property that backs up to Gum
15 Grove Nature Park on their setbacks. Well, we sent it up to the Council and they sent it
16 back and we sent it back up to the Council and they sent it back.
17
18
Chairperson Deaton:
19
20 In this case we have an application though, and I think it has to be dealt with within a
21 certain period of time.
22
23
Commissioner Larson:
24
25 You’ve convinced me and I’m not sure that people won’t say we’ve been unfair, but we
26 have to face that, that some of the deals we make we think we’re being fair and we are
27 trying to do what is best for the City, and if the Council says give as many alcohol
28 permits as you want, then its fine. If they say we want to stop, then that’s fine too.
29
Chairperson Deaton:
30
31 The bottom line is that they are the elected and they are the ones who are going to be
32 held accountable for the decision that we make.
33
34
Commissioner Larson:
35
36 Yeah, that’s right. I’ll second your motion, if it hasn’t been seconded.
37
38
Commissioner Eagar:
39
40 I am kind of torn here, because I am always in favor of business, and I would like to see
41 them start their business, but then, we’re “saturated” with alcohol permits here and
42 that’s not including our end of Seal Beach.
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Lee Whittenberg:
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3 The other option that the Commission has this evening you can approve the Conditional
4 Use Permit for the restaurant use without the alcohol.
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Chairperson Deaton:
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8 I don’t feel that that’s the right way to go because I’ve had so many complaints about
9 the parking issue, and if we get more restaurants, I mean, how do we, when do we
10 stop? At what point do we stop giving restaurants, so I would personally like the Council
11 to direct us. If they say, “You know, we’re just going to bite the bullet,” you know,
12 maybe eventually people will go down and use the beach lot and blah, blah, blah, I
13 would just like the Council to make that decision because people are really unhappy
14 about the parking intensification that is coming about with the restaurant use.
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Commissioner Larson:
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18 Former Mayor Antos will then bring up his lifelong goal to build parking under
19 Eisenhower Park.
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Commissioner Massa-Lavitt:
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23 Is there a way that we can tie; well, what we have is a motion to deny, and that would
24 be deny the restaurant and the ABC license. Would we then, under a separate
25 recommendation from the PC ask the CC to either direct the PC or take it upon
26 themselves to come up with solutions for the parking issues on Main Street?
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Chairperson Deaton:
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30 I think there are a number of things that we need to ask, and one of them is:
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32 1. What about more restaurant use. Does this bother you or not?
33 2. What about the alcohol use. Does this bother you or not?
34 3. How are we rather than just accepting money when people don’t have parking
35 spaces, how do we mitigate the parking issue?
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37 Like Mr. Larson says, there has been a plan floated out there for a long time, and that is
38 to roll back Eisenhower Park, put parking under it, and roll Eisenhower Park back over
39 the top, but then you’re asking people to, I mean they could park down at the beach
40 now and they don’t want to walk down there. This is a big issue. This isn’t an easily
41 solved issue, and I do believe that this is a Council issue and not a Planning
42 Commission issue.
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Commissioner Eagar:
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46 How many spaces does this restaurant get?
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Chairperson Deaton:
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3 They need to pay for 8 spaces and they are grandfathered in for 3. But these are
4 “virtual spaces,” they’re not real.
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Commissioner Massa-Lavitt:
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8 And there is no place to put them.
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Commissioner Eagar:
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12 I can see your point now.
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Chairperson Deaton:
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16 Go on the computer and you play these virtual shopping trips and you’re paying money
17 for all of this stuff, but it’s virtual, it’s not real.
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Commissioner Larson:
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21 But when you open up parking you open up Sunday parking and the permits to the
22 church, take away parking permit from a swim school that wasn’t allowed to. It’s
23 probably the most difficult thing that can happen to Seal Beach. There is just no
24 parking. We’ve got a couple of lots that the City of Long Beach manages; the church
25 brings people in from shuttle buses.
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Chairperson Deaton:
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29 I know that Staff has been working on this with various members of the community on
30 new ideas on how to handle the parking, different ideas have come up, and, of course,
31 it’s just like bringing up parking meters again. Everybody has a different opinion and a
32 different idea, but the fact is that we’re at the place “where the rubber meets the road.”
33 With the economy the way it is about the only thing being really successful are
34 restaurants that are serving alcohol. What we are looking at is turning Main Street into
35 a very undiverse use of restaurants with alcohol permits.
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Commissioner Massa-Lavitt:
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39 I don’t think that’s going to happen. In every built community, downtown 2 Street
40 Belmont Shore, they have the same issue.
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Chairperson Deaton:
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44 Oh, they do. I can’t tell you how many people tell me, “I don’t want to be Belmont
45 Shore.”
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Commissioner Massa-Lavitt:
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3 We are Belmont Shore, only on a smaller scale. There’s no place else to put parking,
4 and it means cutting off a whole use potential on the street. That means we will have
5 no more new restaurants on Main Street until this issue is settled.
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Chairperson Deaton:
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9 Unless some go out of business. The problem is we have not faced, until now with Pho
10 Basil Leaf, which just happened, and now this; non-restaurant use buildings that are
11 being turned into restaurant use. Oh no, and the Wine Cellar. Those three are brand
12 new uses. Those are the only three in the six years I have been on the PC and they
13 have all happened recently, since we’ve entered this problem area. So I just feel that
14 the CC needs to grapple with this because, otherwise, we are making decisions that
15 they have to face their constituents for.
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Commissioner Larson:
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19 Well I recommended once that we take the theater and the gas station that was there
20 and turn that into a parking lot.
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Commissioner Massa-Lavitt:
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24 Shopping in front and, you know little stores in front and a structure above and behind.
25 Why don’t we call for the question? I’ll call for the question.
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Lee Whittenberg:
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29 If I might just restate the motion, it is to deny the application.
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Chairperson Deaton:
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33 It is to deny the application without prejudice and to recommend to the CC to hear an
34 appeal with no appeal fee.
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Commissioner Larson:
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38 We don’t have an understanding if the applicant would be happy with operating without
39 a liquor license. I gather he wants the liquor license.
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Commissioner Massa-Lavitt:
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43 I think we should still give him the opportunity, though.
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Chairperson Deaton:
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3 But we still have the issue of the restaurant and the parking.
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Commissioner Massa-Lavitt:
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7 Oh, that’s right.
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Commissioner Eagar:
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11 At this point in time before we vote, should the applicant . . .
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Chairperson Deaton:
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15 The question has been called for.
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17 MOTION by Deaton; SECOND by Larson to deny Conditional Use Permit 09-3 without
18 prejudice and recommend to City Council that the appeal fee be waived.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, Eagar, Larson, and Massa-Lavitt
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NOES: None
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ABSENT: Bello
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25 O.K. that’s four zero to deny the application without prejudice and to allow you time to
26 go to an appeal process to the CC without paying a fee.
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Lee Whittenberg:
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30 We don’t have a resolution before you at this point in time, but what we will do is take
31 the discussion and fold it into a resolution that we’ll have completed by tomorrow to
32 present to the applicant for him to use as part of that appeal, and we will provide it to the
33 Commission at that same time.
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Chairperson Deaton:
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37 So now we’re at the end of the agenda, right?
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Quinn Barrow:
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41 Yes.
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Chairperson Deaton:
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45 What I would like to do now is I would like to make a motion, and if it works for you
46 guys, what I would like to do is ask the CC to direct us, specifically, on what they want
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1 to do about Main Street restaurants, liquor permits, etc. It’s one thing to address this as
2 one thing, but now we need some direction on how they want us to handle Main Street,
3 with the understanding that there are 19 liquor licenses just on that one street there with
4 the understanding that we have a parking issue. Where they eventually park is in the
5 neighborhoods, and so people coming home at night are competing with the people that
6 are eating on Main Street to park. It’s a knotty issue that I would like directions on this.
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Commissioner Larson:
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10 Is that going to open up the Specific Plan?
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Chairperson Deaton:
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14 It may not open up the Specific Plan. It may just simply be an interpretation of the Main
15 Street Specific Plan.
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Lee Whittenberg:
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19 I think those are some issues that if the Commission approves the suggested motion
20 that is before them, we’ll have to huddle with Staff and see how that process would work
21 out and present something to CC and they will probably end up giving us direction as to
22 how far they want us to go with this.
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Quinn Barrow:
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26 If I could interrupt, I just want to make it clear to the applicant that the PC has denied
27 your application without prejudice, you have 10 days to file an appeal with the City
28 Clerk, and the PC is recommending to the CC that they consider your appeal without
29 any appeal fee. Number two; technically your issue is not on the agenda, so I would
30 suggest that you direct Staff to make a verbatim transcript of this discussion and
31 present it to the Council at the next available CC meeting and then the Council can give
32 us direction.
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Chairperson Deaton:
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36 Can I go forward with my motion?
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Quinn Barrow:
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40 Not with a motion, but I if there is no objection, we are going to send this transcript to
41 the Council and you can direct Staff to make it clear exactly the points that you want the
42 Council to consider.
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Commissioner Eagar:
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46 What are we directing Staff? I want to make sure . . .
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Chairperson Deaton:
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3 I think there are three items: the parking issue, the restaurant issue, and the alcohol
4 permit issue.
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Lee Whittenberg:
7
8 What we’ll do is prepare a verbatim transcript of the discussion that’s gone on; that will
9 get submitted to Council. The next available Council meeting it will be able to be on
thth
10 would be the April 27 Council meeting, because their agenda is done for the April 13
11 meeting.
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Commissioner Eagar:
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15 So we’re directing Staff to make sure that these points are brought up to Council and
16 they will then come back and direct you?
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Lee Whittenberg:
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20 They may; they may not. We don’t know right now.
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Commissioner Eagar:
23
24 I want something to be concrete coming out of this; I want something to be established.
25 I know this has been “a sore subject for eons.”
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Lee Whittenberg:
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29 The best we can do and the best Commission can do is forward information to Council
30 and then it is up to Council to determine how they wish to respond to that request.
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32
Chairperson Deaton:
33
34 But his comments will be taken down verbatim, right? That he would like something
35 concrete coming out of this.
36
37
Lee Whittenberg:
38
39 That is correct.
40
STAFF CONCERNS
41
42
43 Mr. Whittenberg reported that the City has been working very closely with the Leisure
44 World (LW) in response to the recent fire. He stated that City Staff is meeting on a bi-
45 weekly basis to ensure that reconstruction efforts are coordinated, and as an outgrowth
46 of this, CC will be considering adoption at a future Council meeting of a formal policy
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statement that will create formal guidelines for City Staff to assist a property owner who
has experienced such a disaster.
COMMISSION CONCERNS
Commissioner Massa-Lavitt asked if it were possible to review a draft of the proposed
policy statement for assisting victims of a disaster. Mr. Whittenberg stated that this
would basically comprise the restatement of information previously presented in a CC
Staff Report, which will be placed into a policy format. He said that a copy of this staff
report could be provided for information purposes.
Chairperson Deaton inquired about providing public notice to the PC when notices are
mailed to the public. Mr. Whittenberg stated that he would discuss this with the City
Attorney to see if Staff can accommodate this request. Chairperson Deaton noted that
she usually begins to receive phone calls when residents receive the public notice and
she has nothing to reference in attempting to respond to questions. Mr. Barrow stated
that he has no problem with this; it is just a question of mechanics for Staff. Mr.
Whittenberg stated that if this was the case, Staff could accommodate this request with
no difficulty.
Chairperson Deaton then requested that Staff present mini-Staff Reports for Receive
and File items so the public can be made aware of issues affecting the City of Seal
Beach. Mr. Whittenberg stated that this could be done.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 10:15 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secret
Planning Department
APPROVAL
The Commission on May 20, 2009, ap~~ed the Minutes of the Planning Commission
Meeting of Wednesday, April 8, 2009. .
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