HomeMy WebLinkAbout1 - PC Minutes 2011-05-04
CITY OF SEAL BEACH
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PLANNING COMMISSION
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Minutes of May 4, 2011
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7 Chairperson Massa-Lavitt called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, May 4, 2011. The meeting was held
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9 in the City Council Chambers and began with the Salute to the Flag.
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ROLL CALL
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13 Present: Chairperson Massa-Lavitt, Commissioners Bello, Cummings, Everson, and
14 Galbreath
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16 Also
17 Present: Department of Development Services
18 Mark Persico, Director of Development Services
19 Jerry Olivera, Senior Planner
20 Craig Fox, Assistant City Attorney
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22 Absent: None
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ORAL COMMUNICATIONS
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26 Chairperson Massa-Lavitt opened oral communications.
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28 There being no one wishing to speak, Chairperson Massa-Lavitt closed oral
29 communications.
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AGENDA APPROVAL
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33 MOTION by Bello; SECOND by Galbreath to approve the Agenda as presented.
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MOTION CARRIED: 5 – 0
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AYES: Massa-Lavitt, Bello, Cummings, Everson, and Galbreath
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NOES: None
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ABSENT: None
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CONSENT CALENDAR
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42 1. Approve Planning Commission Meeting Minutes of April 20, 2011
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These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of May 4, 2011
1 MOTION by Galbreath; SECOND by Bello to approve the Consent Calendar as
2 presented.
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MOTION CARRIED: 5 – 0
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AYES: Massa-Lavitt, Bello, Cummings, Everson, and Galbreath
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NOES: None
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ABSENT: None
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SCHEDULED MATTERS
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11 2. Follow-Up from December 1, 2010, Planning Commission Hearing on Conditional
12 Use Permit 08-12 for 901-1101 Pacific Coast Highway (Seal Beach Regency
13 Center) – Outstanding Issues
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15 Staff Report
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17 Mr. Olivera reported on the problems with the loading dock area behind the CVS
18 Pharmacy, noting that the store manager has indicated that he has received no
19 response from corporate, so Staff must now take this issue to the corporate level. The
20 Senior Planner noted that CVS has changed delivery times to early Friday mornings, but
21 the storage of items within the loading dock area is still to be resolved.
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23 With regard to having a timer for the lighted signs on the shops at the rear of the center
24 facing Bolsa Avenue, the representative for Regency Center has indicated that she
25 would look into whether this would be feasible.
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27 Mr. Olivera then stated that Staff will continue to provide updates to the Planning
28 Commission (PC) on an as-needed basis.
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30 Chairperson Massa-Lavitt inquired about the laundromat parking issues. Mr. Olivera
31 indicated that Regency Center has designated 4 parking spaces for exclusive use by
32 laundromat patrons.
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34 MOTION by Cummings; SECOND by Galbreath to Receive and File Staff Report for
35 Follow-Up from December 1, 2010, Planning Commission Hearing on Conditional Use
36 Permit 08-12 for 901-1101 Pacific Coast Highway (Seal Beach Regency Center) –
37 Outstanding Issues, as presented.
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MOTION CARRIED: 5 – 0
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AYES: Massa-Lavitt, Bello, Cummings, Everson, and Galbreath
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NOES: None
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ABSENT: None
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44 3. Determination of Zoning Pursuant to Chapter 11.5.05 – Patio Covers/Enclosures
45 Within Residential Zones (Continued from April 20, 2011.)
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City of Seal Beach Planning Commission
Meeting Minutes of May 4, 2011
1 Staff Report
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3 Mr. Olivera stated that the 2 issues presented to the Planning Commission (PC) for
4 consideration are:
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6 1. What is the definition of a patio cover within the Zoning Code (ZC)?
7 2. Are patio enclosures permitted additions to nonconforming properties?
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9 He noted that the definition of patio covers varies from city to city, and the options
10 before the PC would be:
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12 1. No change in the current ZC definition for patio covers;
13 2. Amend current ZC to define a patio enclosure as a covered patio with solid or
14 screened walls on not more than 2 sides and that the patio is not mechanically
15 heated or cooled;
16 3. Adopt the Building Code (BC) definition of a patio cover as the ZC definition.
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18 Commissioner Questions
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20 Commissioner Bello asked if there have been reports of enclosed patios being used as
21 habitable space. Mr. Olivera stated that Staff has not been made aware of any.
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23 Chairperson Massa-Lavitt asked if a “patio cover” would be permitted on a
24 nonconforming property through approval of a Minor Use Permit (MUP). Mr. Olivera
25 confirmed that it could be permitted, as long as the structure is not completely enclosed.
26 Chairperson Massa-Lavitt stated that for nonconforming properties she would favor a
27 patio cover with screens used on only 2 or 3 sides.
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29 Commissioner Everson suggested keeping the definition as it is, and adding a definition
30 for an enclosed porch, with the provision that the screening material not go all the way
31 up to the roof structure or down to the finished deck surface, and this would prevent
32 completely enclosing the patio.
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34 Public Comments
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36 Chairperson Massa-Lavitt opened for public comments.
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38 Rhonda Hjelm stated that when contracting to add a sunroom to the studio apartment
39 on their property, Staff informed the Hjelms that this would not be permitted on a
40 nonconforming structure. She stated that contrary to what the Staff Report states, she
41 was previously allowed to do this for her own home.
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43 Commissioner Comments
44 Commissioner Cummings stated that making these applications subject to the Minor
45 Use Permit (MUP) process would allow for individual review and determinations on a
46 case-by-case basis.
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City of Seal Beach Planning Commission
Meeting Minutes of May 4, 2011
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2 The Commission discussed making these proposals subject to the Minor Use Permit
3 (MUP) process. Commissioner Everson noted that without a clear definition, using the
4 MUP to determine approval would present the potential for conducting this same
5 discussion with each MUP application.
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7 MOTION by Everson; SECOND by Bello to direct Staff to return with proposed Zoning
8 Code language for patio covers/enclosures that generally follows the Building Code
9 provisions at the next scheduled meeting of June 1, 2011.
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MOTION CARRIED: 5 – 0
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AYES: Massa-Lavitt, Bello, Cummings, Everson, and Galbreath
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NOES: None
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ABSENT: None
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16 Mr. Persico then inquired about what the preferred process would be for approving
17 these structures on nonconforming properties. Chairperson Massa-Lavitt
18 recommended reviewing each application on an individual basis using the MUP
19 process.
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21 MOTION by Cummings; SECOND by Galbreath to make patio covers/enclosures on
22 nonconforming properties subject to a Minor Use Permit.
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MOTION CARRIED: 5 – 0
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AYES: Massa-Lavitt, Bello, Cummings, Everson, and Galbreath
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NOES: None
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ABSENT: None
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PUBLIC HEARINGS
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31 4. Variance 11-1
32 602 Central Avenue
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34 Applicant/Owner: Alan & Lorraine Chavez
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36 Request: To allow an approximate 1,555-sq. ft. addition to one
37 nonconforming unit and an approximate 864-sq. ft. addition
38 to a second nonconforming unit within the Residential High
39 Density (RHD-20) Zone. The property is non-conforming due
40 to substandard rear yard, side yard, and front yard setbacks.
41 The applicant wishes to maintain the nonconforming
42 setbacks and provide tandem garage parking for one.
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44 Recommendation: Deny Variance 11-1 through the adoption of Resolution 11-7.
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City of Seal Beach Planning Commission
Meeting Minutes of May 4, 2011
1 Chairperson Massa-Lavitt stated that the applicant has requested that this item be
2 continued to the next scheduled meeting of June 1, 2011.
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4 Public Hearing
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6 Chairperson Massa-Lavitt opened the public hearing.
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8 Warren Morton spoke in opposition to Variance 11-1.
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10 There being no one else wishing to speak, Chairperson Massa-Lavitt continued the
11 public hearing to June 1, 2011.
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13 MOTION by Everson; SECOND by Bello to continue Variance 11-1 to the next
14 scheduled meeting of June 1, 2011.
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MOTION CARRIED: 5 – 0
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AYES: Massa-Lavitt, Bello, Cummings, Everson, and Galbreath
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NOES: None
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ABSENT: None
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DIRECTOR’S REPORT
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23 Mr. Persico reported on the following items:
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25 1. At the City Council meeting of April 25, 2011, Staff was directed to create an
26 Overlay Zone for preservation of the Bay Theater and other historic properties.
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28 2. June 1, 2011, meeting:
29 a. Variance 11-1 – 602 Central Avenue
30 b. Resolution for Zoning Text Amendment – Define Patio Covers/ Enclosures
31 Within Residential Zones
32 c. Pre-Zoning Request – City Boundary Line Adjustment Between Long Beach
33 and Seal Beach.
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35 3. June 15, 2011, meeting:
36 a. Semi-annual Zoning Code modifications
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COMMISSION CONCERNS
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40 None.
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ADJOURNMENT
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44 Chairperson Massa-Lavitt adjourned the meeting at 8:56 p.m.
45 Respectfully Submitted,
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City of Seal Beach Planning Commission
Meeting Minutes of May 4, 2011
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3 Carmen Alvarez, Executive Assistant
4 Planning Department
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APPROVAL
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9 The Commission on ________ approved the Minutes of the Planning Commission
10 Meeting of Wednesday, May 4, 2011. _____.
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