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Home My WebLink AboutPC Min 2011-05-04City of Seal Beach Planning Commission • Agenda of May 4, 2011 City of Seal Beach Planning Commission Agenda for May 4, 2011 City Council Chambers - 7:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Planning Commission, provided that the Planning Commission may undertake no action or discussion unless otherwise authorized by law. AGENDA APPROVAL By Motion of the Planning Commission this is the time to notify the public of any changes to the Agenda, re-arrange the order of the Agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment a member of the Planning Commission or staff requests a specific item be removed from the Consent Calendar for separate action. 1. Approve Planning Commission Meeting Minutes of April 20, 2011 SCHEDULED MATTERS 2. Follow-Up from December 1, 2010, Planning Commission Hearing on Conditional Use Permit 08-12 for 901-1101 Pacific Coast Highway (Seal Beach Regency Center) – Outstanding Issues 3. Determination of Zoning Pursuant to Chapter 11.5.05 – Patio Covers/Enclosures Within Residential Zones (Continued from April 20, 2011.) PUBLIC HEARING 4. Variance 11-1 602 Central Avenue Applicant/Owner: Alan & Lorraine Chavez 3 City of Seal Beach Planning Commission • Agenda of May 4, 2011 Request: To allow an approximate 1,555-sq. ft. addition to one nonconforming unit and an approximate 864-sq. ft. addition to a second nonconforming unit within the Residential High Density (RHD-20) Zone. The property is non-conforming due to substandard rear yard, side yard, and front yard setbacks. The applicant wishes to maintain the nonconforming setbacks and provide tandem garage parking for one. Recommendation: Deny Variance 11-1 through the adoption of Resolution 11-7. DIRECTOR’S REPORT COMMISSION CONCERNS ADJOURNMENT 2011 Agenda Forecast May 18 CANCELLED Pre-Zoning request – city boundary line adjustment between Long Beach and June 1 Seal Beach 4 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of May 4, 2011 Chairperson Massa - Lavitt called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, May 4, 2011. The meeting was held in the City Council Chambers and began with the Salute to the Flag.' mini i f% A 1 i Present: Chairperson Massa - Lavitt, Commissioners Bello, Cummings, Everson, and Galbreath Also Present: Department of Development Services Mark Persico, Director of Development Services Jerry Olivera, Senior Planner Craig Fox, Assistant City Attorney Absent: None ORAL COMMUNICATIONS Chairperson Massa - Lavitt opened oral communications. There being no one wishing to speak, Chairperson Massa - Lavitt closed oral communications. AGENDA APPROVAL MOTION by Bello; SECOND by Galbreath to approve the Agenda as presented. MOTION CARRIED: 5 — 0 AYES: Massa - Lavitt, Bello, Cummings, Everson, and Galbreath NOES: None ABSENT: None CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of April 20, 2011 1 These Minutes were transcribed from audiotape of the meeting. 1 of 6 City of Seal Beach Planning Commission Meeting Minutes of May 4, 2011 MOTION by Galbreath; SECOND by Bello to approve the Consent Calendar as presented. MOTION CARRIED: 5 — 0 AYES: Massa - Lavitt, Bello, Cummings, Everson, and Galbreath NOES: None ABSENT: None SCHEDULED MATTERS 2. Follow -Up from December 1, 2010, Planning Commission Hearing on Conditional Use Permit 08 -12 for 901 -1101 Pacific Coast Highway (Seal Beach Regency Center) — Outstanding Issues Staff Report Mr. Olivera reported on the problems with the loading dock area behind the CVS Pharmacy, noting that the store manager has indicated that he has received no response from corporate, so Staff must now take this issue to the corporate level. The Senior Planner noted that CVS has changed delivery times to early Friday mornings, but the storage of items within the loading dock area is still to be resolved. With regard to having a timer for the lighted signs on the shops at the rear of the center facing Bolsa Avenue, the representative for Regency Center has indicated that she would look into whether this would be feasible. Mr. Olivera then stated that Staff will continue to provide updates to the Planning Commission (PC) on an as- needed basis. Chairperson Massa - Lavitt inquired about the laundromat parking issues. Mr. Olivera indicated that Regency Center has designated 4 parking spaces for exclusive use by laundromat patrons. MOTION by Cummings; SECOND by Galbreath to Receive and File Staff Report for Follow -Up from December 1, 2010, Planning Commission Hearing on Conditional Use Permit 08 -12 for 901 -1101 Pacific Coast Highway (Seal Beach Regency Center) — Outstanding Issues, as presented. MOTION CARRIED: 5 — 0 AYES: Massa - Lavitt, Bello, Cummings, Everson, and Galbreath NOES: None ABSENT: None 3. Determination of Zoning Pursuant to Chapter 11.5.05 —Patio Covers /Enclosures Within Residential Zones (Continued from April 20, 2011.) 2of6 City of Seal Beach Planning Commission Meeting Minutes of May 4, 2011 Staff Report Mr. Olivera stated that the 2 issues presented to the Planning Commission (PC) for consideration are: 1. What is the definition of a patio cover within the Zoning Code (ZC)? 2. Are patio enclosures permitted additions to nonconforming properties? He noted that the definition of patio covers varies from city to city, and the options before the PC would be: 1. No change in the current ZC definition for patio covers; 2. Amend current ZC to define a patio enclosure as a covered patio with solid or screened walls on not more than 2 sides and that the patio is not mechanically heated or cooled; 3. Adopt the Building Code (BC) definition of a patio cover as the ZC definition. Commissioner Questions Commissioner Bello asked if there have been reports of enclosed patios being used as habitable space. Mr. Olivera stated that Staff has not been made aware of any. Chairperson Massa - Lavitt asked if a "patio cover" would be permitted on a nonconforming property through approval of a Minor Use Permit (MUP). Mr. Olivera confirmed that it could be permitted, as long as the structure is not completely enclosed. Chairperson Massa - Lavitt stated that for nonconforming properties she would favor a patio cover with screens used on only 2 or 3 sides. Commissioner Everson suggested keeping the definition as it is, and adding a definition for an enclosed porch, with the provision that the screening material not go all the way up to the roof structure or down to the finished deck surface, and this would prevent completely enclosing the patio. Public Comments Chairperson Massa - Lavitt opened for public comments. Rhonda Hjelm stated that when contracting to add a sunroom to the studio apartment on their property, Staff informed the Hjelms that this would not be permitted on a nonconforming structure. She stated that contrary to what the Staff Report states, she was previously allowed to do this for her own home. Commissioner Comments Commissioner Cummings stated that making these applications subject to the Minor Use Permit (MUP) process would allow for individual review and determinations on a case -by -case basis. 3of6 City of Seal Beach Planning Commission Meeting Minutes of May 4, 2011 The Commission discussed making these proposals subject to the Minor Use Permit (MUP) process. Commissioner Everson noted that without a clear definition, using the MUP to determine approval would present the potential for conducting this same discussion with each MUP application. MOTION by Everson; SECOND by Bello to direct Staff to return with proposed Zoning Code language for patio covers /enclosures that generally follows the Building Code provisions at the next scheduled meeting of June 1, 2011. MOTION CARRIED: 5 — 0 AYES: Massa - Lavitt, Bello, Cummings, Everson, and Galbreath NOES: None ABSENT: None Mr. Persico then inquired about what the preferred process would be for approving these structures on nonconforming properties. Chairperson Massa - Lavitt recommended reviewing each application on an individual basis using the MUP process. MOTION by Cummings; SECOND by Galbreath to make patio covers /enclosures on nonconforming properties subject to a Minor Use Permit. MOTION CARRIED: 5 — 0 AYES: Massa - Lavitt, Bello, Cummings, Everson, and Galbreath NOES: None ABSENT: None PUBLIC HEARINGS 4. Variance 11 -1 602 Central Avenue Applicant /Owner: Alan & Lorraine Chavez Request: To allow an approximate 1,555 -sq. ft. addition to one nonconforming unit and an approximate 864 -sq. ft. addition to a second nonconforming unit within the Residential High Density (RHD -20) Zone. The property is non - conforming due to substandard rear yard, side yard, and front yard setbacks. The applicant wishes to maintain the nonconforming setbacks and provide tandem garage parking for one. Recommendation: Deny Variance 11 -1 through the adoption of Resolution 11 -7. 4of6 City of Seal Beach Planning Commission Meeting Minutes of May 4, 2011 Chairperson Massa - Lavitt stated that the applicant has requested that this item be continued to the next scheduled meeting of June 1, 2011. Public Hearing Chairperson Massa - Lavitt opened the public hearing. Warren Morton spoke in opposition to Variance 11 -1. There being no one else wishing to speak, Chairperson Massa - Lavitt continued the public hearing to June 1, 2011. MOTION by Everson; SECOND by Bello to continue Variance 11 -1 to the next scheduled meeting of June 1, 2011. MOTION CARRIED: 5 — 0 AYES: Massa - Lavitt, Bello, Cummings, Everson, and Galbreath NOES: None ABSENT: None DIRECTOR'S REPORT Mr. Persico reported on the following items: 1. At the City Council meeting of April 25, 2011, Staff was directed to create an Overlay Zone for preservation of the Bay Theater and other historic properties. 2. June 1, 2011, meeting: a. Variance 11 -1 — 602 Central Avenue b. Resolution for Zoning Text Amendment — Define Patio Covers/ Enclosures Within Residential Zones C. Pre - Zoning Request — City Boundary Line Adjustment Between Long Beach and Seal Beach. 3. June 15, 2011, meeting: a. Semi - annual Zoning Code modifications COMMISSION CONCERNS None. ADJOURNMENT Chairperson Massa - Lavitt adjourned the meeting at 8:56 p.m. Respectfully Submitted, 5of6 City of Seal Beach Planning Commission Meeting Minutes of May 4, 2011 1 2 3 4 5 6 7 8 9 10 QA a &nh Carmen Alvarez, Executive Assistant Planning Department APPROVAL The Commission on June 1, 2011, ap roved the Minutes of the Planning Commission Meeting of Wednesday, May 4, 2011. . 6of6