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HomeMy WebLinkAbout1 - PC Minutes 2011-03-161 2 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of March 16, 2011 Chairperson Massa - Lavitt called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, March 16, 2011. The meeting was held in the City Council Chambers and began with the Salute to the Flag.' ROLL CALL Present: Chairperson Massa - Lavitt, Commissioners Cummings, Everson, and Galbreath Also Present: Department of Development Services Mark Persico, Director of Development Services Jerry Olivera, Senior Planner Quinn Barrow, City Attorney Absent: Commissioner Bello Mr. Persico noted that Commissioner Bello would not be in attendance tonight and requested a motion to excuse her absence. MOTION by Galbreath; SECOND by Cummings to excuse Commissioner Bello from the Planning Commission meeting of March 16, 2011. MOTION CARRIED: 4-0-1 AYES: Massa - Lavitt, Cummings, Everson, and Galbreath NOES: None ABSENT: Bello ORAL COMMUNICATIONS Chairperson Massa - Lavitt opened oral communications. Seth Eaker noted that the Health & Wellness Expo will take place on Saturday, March 19, 2011, at the Shops at Rossmoor. He then invited business owners and members of the public to participate in the Wednesday Morning Networking Walk. Mr. Eaker also reminded everyone of the Seal Beach 5/1 OK scheduled for Saturday, April 2, 2011. He ended by speaking in support of Conditional Use Permit 11 -1 for Angelo's Italian Deli. These Minutes were transcribed from audiotape of the meeting. 1 of 8 City of Seal Beach Planning Commission Meeting Minutes of March 16, 2011 There being no one else wishing to speak, Chairperson Massa - Lavitt closed oral communications. AGENDA APPROVAL MOTION by Galbreath; SECOND by Everson to approve the Agenda as presented. MOTION CARRIED: 4-0-1 AYES: Massa- Lavitt, Cummings, Everson, and Galbreath NOES: None ABSENT: Bello CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of March 2, 2011 MOTION by Cummings; SECOND by Everson to approve the Consent Calendar as presented. MOTION CARRIED: 4-0-1 AYES: Massa - Lavitt, Cummings, Everson, and Galbreath NOES: None ABSENT: Bello SCHEDULED MATTERS 2. Adopt Resolution 11 -3 Approving Conditional Use Permit 11 -1 for Angelo's Italian Deli at 133 Main Street. Staff Report Mr. Olivera stated that, as directed at the previous meeting, Staff has returned with the completed Resolution 11 -3 for Angelo's Italian Deli. He noted a correction to Condition No. 5, limiting total seating within the business to 10 seats. Commissioner Cummings recommended changing the wording in Condition No. 4 to read: "There shall be no exterior advertisements on the premises indicating the availability of beer and wine. Interior advertisements shall not be directed toward the exterior of the premises." MOTION by Everson; SECOND by Cummings to adopt Resolution 11 -3 as amended. MOTION CARRIED: 4-0-1 AYES: Massa - Lavitt, Cummings, Everson, and Galbreath NOES: None ABSENT: Bello 2of8 City of Seal Beach Planning Commission Meeting Minutes of March 16, 2011 1 Mr. Barrow advised that the adoption of Resolution No. 11 -3 begins a 10 -day calendar 2 appeal period to the City Council. The Commission action tonight is final and the appeal 3 period begins tomorrow morning. 4 5 3. Determination of Zoning Pursuant to Chapter 11.5.05 — Patio Covers /Enclosures 6 within Residential Zones. 7 8 S_ taff Report 9 10 Mr. Olivera noted that historically Staff has treated patio enclosures with four walls as 11 "habitable space," and under the Zoning Code these structures are not permitted for 12 nonconforming properties. He indicated that the California Building Code (CBC) defines 13 this type of construction as a "patio cover" rather than patio enclosure, while Staff has 14 historically indentified a patio cover as a solid roof structure that is open on at least two 15 sides. Due to this discrepancy in definitions, Staff is presenting this issue to the 16 Planning Commission for its determination. 17 18 Commissioner Questions 19 20 Commissioner Everson inquired about whether these structures are defined by square 21 footage. Mr. Olivera stated that it is defined as habitable square footage if the structure 22 has a roof and is completely enclosed. If the structure has a roof, but is not completely 23 enclosed, Staff has counted this toward the lot coverage, but has not counted it as 24 habitable square footage. He noted the CBC defines everything as a patio cover 25 whether it is a solid roof structure with open sides or is completely enclosed. 26 27 Chairperson Massa - Lavitt clarified that if something is silent in the Zoning Code then it 28 would not be permitted. Mr. Persico stated that this is correct. She noted that the 29 definition for a covered patio mentions nothing about being enclosed, and the CBC is a 30 separate document used to regulate how a building is constructed. Mr. Persico noted 31 that the CBC is also performance based and looks at fire, life, and safety, so the 32 requirement for a percentage of open space on two sides of the enclosure would still 33 allow for exiting in the event of fire. The Zoning Code (ZC) looks at public health and 34 safety issues, but also aesthetics and whether this space could be converted into 35 something for which it was not originally intended. 36 37 Commissioner Everson stated that the PC should adopt the City's own language for 38 patio covers based upon an assessment of the needs of community. 39 40 Public Comments 41 42 Mark Hjelm stated that his mother -in -law resides in a studio apartment above his garage 43 which has an open deck. He wishes to enclose this deck to create a screened -in patio 44 so that she may enjoy the fresh air within a shaded patio. 45 46 3 of 8 City of Seal Beach Planning Commission Meeting Minutes of March 16, 2011 Commissioner Comments Commissioner Cummings noted that it appears that further clarification needs to be incorporated in the definition of a patio cover. Chairperson Massa - Lavitt requested comments from the Commission on whether the preference would be for enclosed or covered patios. Commissioner Cummings stated that she does not believe that the Commission has enough information available to make a recommendation. Chairperson Massa - Lavitt noted that in these matters the City Zoning Code (ZC) would prevail. The Commission agreed that Staff should return with more information at the April 20, 2011 Planning Commission meeting and provide some options for consideration of this issue. Chairperson Massa - Lavitt so ordered that this item be continued to the scheduled Planning Commission meeting of April 20, 2011, for further discussion. PUBLIC HEARINGS 1. Variance 10 -3 1608 Ocean Avenue Applicant/Owner: Mark Wheeler / Susan Mallett- Rodgers Request: To permit a 578 -sq. ft. room addition and a 149 -sq. ft. deck addition to an existing, non - conforming single - family dwelling within the Residential High Density (RHD) Zone. The property is non - conforming due to an inadequate rear yard setback from the alley (required setback is 12' -0 "; existing setback is 4' -0 "). The applicant wishes to maintain the garage in its present location with the 4' -0" rear setback. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -47. Staff Report Mr. Olivera delivered the staff report. He provided information on this item and noted that this property is unique in that it has an approximate 56 -foot front yard setback, and after the proposed addition the setback would be approximately 41 feet. He indicated that the existing garage would remain in its current location, as moving it to conform to the 12 -foot rear setback standard would require total demolition of the home. 4of8 City of Seal Beach Planning Commission Meeting Minutes of March 16, 2011 Commissioner Questions Commissioner Everson requested clarification of proposed Conditions of Approval Nos. 2 and 3. Mr. Olivera explained each condition as follows: Condition No. 2 - Staff is recommending that the stairway be removed because the Zoning Code (ZC) specifically prohibits exterior stairs to a second floor where not required by the California Building Code (CBC). Condition No. 3 - These setbacks conform to the plan that the applicant is presenting, and Staff wishes to ensure that this applicant or a future owner could not continue to add to the structure without bringing the structure into conformance with the current ZC. Commissioner Cummings noted that retaining the stairway would be essential for safe exit in the event of an emergency. Commission Galbreath agreed. Public Hearing Chairperson Massa - Lavitt opened the public hearing. Mark Wheeler, designer for the proposed addition, emphasized the even with the addition the home at 1,525 sq. ft. would still be much smaller than what is allowed and what is generally built in Old Town. He noted that the existing 29 -ft. distance between the face of Ms. Rodgers' garage and allows sufficient room for backing out of the garage and has not presented an impediment to traffic along Seal Way. He then requested approval to retain the existing exterior stairway, noting that this allows access to the public living areas on the 2 nd floor and serves as the primary entrance to the house. Melba Linnell, 1614 Ocean Avenue, stated that she lives next door to 1608 Ocean Avenue and the original building does not have a 3 -ft. side setback. She asked if this could be corrected. Mr. Olivera stated that after taking the measurements between these two properties, he found that at the narrowest point the setback measures 2 ft. 8 in., which would be considered to be substantially in compliance. Charmin Snow, 1625 Seal Way, spoke in opposition to Variance 10 -3 stating that Seal Way has 13 lots within one block that do not have the required 12 -ft. setback and this may set a precedence. Nancy Kredell, 1615 Seal Way, said the garage should be moved to create the required 12 -ft. setback as garage access and parking along the alley is a serious problem. Joe Kalmick, 1603 Seal Way, spoke in support of Variance 10 -3 stating that simply correcting the rear setback would not eliminate the parking of vehicles within the 5of8 City of Seal Beach Planning Commission Meeting Minutes of March 16, 2011 1 setback area, which in itself creates parking problems. He indicated that the current 2 setback does not impede emergency access along Seal Way. 3 4 Joyce Parque spoke in support of Variance 10 -3 and stated that problems with cars 5 parking along the alleys are experienced by all residents in Old Town. 6 7 Charmin Snow stated that access for emergency vehicles is impeded along Seal Way 8 and there is no other access route to these homes. 9 10 Sharon Brown, 1608 Ocean Avenue, stated that she has lived at this address for over 4 11 years and has never witnessed problems with emergency vehicles having access along 12 Seal Way. She indicated that the outside staircase is necessary to gain access to the 13 home. 14 15 1606 Ocean Avenue, spoke in support of Variance 10 -3 and 16 recommended retaining the exterior stairway. 17 18 Susie Rodgers, owner of 1608 Ocean Avenue, stated that she does not park in the rear 19 setback, but uses the garage. She indicated that she has carefully planned the 20 proposed additions and does not wish to build a large home and wishes to retain the 21 large front setback. She stated that the exterior stairway is necessary for a safe exit in 22 an emergency as well as for access to the home. 23 24 There being no one else wishing to speak, Chairperson Massa -Lavitt closed the public 25 hearing. 26 27 Commissioner Comments 28 29 Commissioner Galbreath stated that denying Variance 10 -3 due to the 4 -ft. setback 30 would not be practical, and he has no problem with allowing the staircase to remain. 31 32 Commissioner Everson stated that the garage accommodates 2 cars and he feels 33 confident that Ms. Rodgers will continue to use it for parking. He added that this is not 34 the only property along Seal Way with a less- than - required setback, and denying this 35 application would not alleviate parking problems on this street. He asked if the stairway 36 were to remain, would this affect Condition 3. Mr. Persico stated that allowing the 37 stairway to remain would not affect Condition 3, as the proposed setbacks apply 38 specifically to the deck and the wall and not the stairway. He recommended removing 39 the last phase in Condition 2, which would allow Condition 3 to remain. 40 41 MOTION by Cummings; SECOND by Galbreath to approve Variance 10 -3, subject to 42 conditions, to allow the exterior stairway to remain, and modify Condition 2 as indicated. 43 Adopt Resolution 10 -47 as amended. 44 45 MOTION CARRIED: 4-0-1 46 AYES: Massa - Lavitt, Cummings, Everson, and Galbreath 6of8 City of Seal Beach Planning Commission Meeting Minutes of March 16, 2011 1 NOES: None 2 ABSENT: Bello 3 4 Mr. Barrow advised that the adoption of Resolution No. 10 -47 begins a 10 -day calendar 5 appeal period to the City Council. The Commission action tonight is final and the 6 appeal period begins tomorrow morning. 7 8 DIRECTOR'S REPORT 9 10 Mr. Persico reported on the following items: 11 12 1. April 6, 2011, meeting cancelled 13 14 2. April 20, 2011, meeting: 15 a. Conditional Use Permit 11 -2 — 12541 Seal Beach Blvd (Rite Aid) 16 b. Conditional Use Permit 11 -3 — 112 Main Street (Seal Beach Liquor) 17 C. Conditional Use Permit 11 -4 — 12365 Seal Beach Blvd (In -N -Out) 18 d. Workshop - Proposition 84 Grant Funds for Marina Park Development 19 20 COMMISSION CONCERNS 21 22 Chairperson Massa - Lavitt requested an update on the movement to have a grocery 23 store at the Leisure World Shopping Center. Mr. Persico stated that he met with a 24 number of Golden Rain Foundation Board members, as well as some members of 25 Leisure World mutuals. Also, two meetings were conducted at City Hall with the owner 26 of the shopping center, Burnham Properties USA, and with the existing lease holder, 27 CVS, who is anxious to sublease the space, but has had difficulty in gaining tenant 28 interest. 29 30 Commissioner Galbreath asked if the entrance to the proposed In -N -Out would be off of 31 Seal Beach Boulevard. Mr. Persico stated that access would be off the main driveway 32 into the Shops at Rossmoor. Commissioner Galbreath then asked where the entrance 33 to the new Rite Aid would be. Mr. Persico indicated that there would be two driveways, 34 one on St. Cloud and one on Seal Beach Boulevard. Commissioner Cummings asked 35 where the drive -thru prescription window would be located. Mr. Persico said it would be 36 on the north side of the building. He noted that it is good that both items will appear on 37 the same agenda so that they can be discussed at one time. Chairperson Massa - Lavitt 38 recommended moving the update report on the Regency Center to the agenda for the 39 meeting of May 4, 2011. 40 41 Commissioner Everson suggested that Staff create Code language that would allow for 42 an exemption for exterior stairways or that allows them under certain conditions. Mr. 43 Persico stated that Staff is creating a list of Code amendments and proposes to review 44 these items with the Planning Commission on a bi- annual basis. 45 46 7of8 City of Seal Beach Planning Commission Meeting Minutes of March 16, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ADJOURNMENT Chairperson Massa - Lavitt adjourned the meeting at 9:15 p.m. Respectfully Submitted, Carmen Alvarez, Executive AssisiwT Planning Department APPROVBI The Commission on approved the Minutes of the Planning Commission Meeting of Wednesday, March 16, 2011. 8 of 8