HomeMy WebLinkAboutPC Min 2011-09-07City of Seal Beach - Planning Commission
September 7, 2011
Chair Massa - Lavitt called the regular meeting of the Planning Commission to
order at 7:31 p.m. on Wednesday, September 7, 2011. The meeting was held in
the City Council Chambers and began with the Salute to the Flag.'
ROLL CALL
Present: Chair Massa - Lavitt; Commissioners: Cummings, Everson, Goldberg
Absent: Commissioner Galbreath, excused
Staff Present: Department of Development Services
Jerry Olivera, Senior Planner
Steven Flower, Assistant City Attorney
ORAL COMMUNICATIONS
Chair Massa -Lavitt opened oral communications. Speakers: Esther Kenyon, Seal
Beach Chamber of Commerce, supports preservation of Bay Theatre and staff's
recommendation of the theatre as point of historical interest designation; Schelley
Sustarsic, Seal Beach Founder's Day Committee, announced Founder's Day
concert event; Mike Buhbe, Seal Beach resident, supports preservation of Bay
Theatre.
AGENDA APPROVAL
Cummings moved, second by Everson, to approve the agenda as presented.
AYES: Cummings, Everson, Goldberg, Massa - Lavitt
NOES: None
ABSENT: Galbreath
Motion carried
CONSENT CALENDAR
Everson moved, second by Goldberg, to approve the Consent Calendar as
presented.
AYES: Cummings, Everson, Goldberg, Massa - Lavitt
NOES: None
ABSENT: Galbreath
1 These Minutes were transcribed from audiotape of the meeting.
Motion carried
1. Approved the corrected Planning Commission Meeting Minutes of August
17, 2011 (Mr. Flower indicated for the record the change made in the
corrected minutes - item #4 of the draft minutes, Conditional Use Permit
11 -10, originally indicated that Commissioner Goldberg had voted no —
inaccurate, he voted yes, which is reflected in the corrected version; and
that Commissioner Cummings has reviewed the tapes of the August 17,
Page 2 — Planning Commission 09/07/11
2011 meeting - was not present at that meeting, but will vote on the
minutes).
SCHEDULED MATTERS
2. Study Session — Historic /Cultural Overlay Zone.
The Senior Planner presented the staff report.
Chair Massa - Lavitt opened the discussion for the commission.
Commissioner Goldberg: Presented a summary of background information — City
has a policy statement on locally designated historic structures — noted a
potential option of recommending the Bay Theatre as the third structure on list —
believes local historic designation would allow Bay Theatre to be eligible for Mills
Act contract — supports contacting property owner to discuss options; inquired if
overlay zone could include solely one property; discussed national landmark
designation for preservation easement purposes. Response: Overlay can
include one property only — not recommended as action may be misconstrued as
spot (unreasonable) zoning.
Commissioner Everson: Received clarification regarding the Mills Act program
and if a building needed to be a registered historic structure within a registered
historic district; contact property owner with intentions and see if owner's
interested; received clarification between state level point of historical interest
and list of locally designated historic structures; stated concerns about 10 -year
limiting terms of Mills Act agreement; proceed with option of placing property on
local list of designated historic structures - would provide flexibility in moving
forward with alternative options. Response: There are no registered historic
districts within Seal Beach — federal /state designated registered landmark or a
local list of registered landmarks is sufficient to qualify for Mills Act program; state
level's point of historical interest would require property owner participation; Mills
Act essentially an evergreen agreement — automatic renewals annually — would
require a 10 -year notice to terminate contract.
Commissioner Cummings: Property owner should be included in the process —
pointed out that the Chamber sent a letter to the property owner informing of
tonight's discussion.
Chair Massa - Lavitt: Mills Act option seems to be the most cumbersome of
alternatives; questioned if property owner consent would be required with all
proposed options; received clarification on boundaries of overlay — by
district/cluster or by individual properties; does not want the commission to
support decision based on economic risks and benefits of selling the property —
focus on zoning and land use. Response: Historic overlay would not require
property owner involvement
Page 3 - Planning Commission 09/07/11
Goldberg moved, second by Cummings, directing staff to draft a letter to the
owner of Bay Theatre inquiring about their interest in participating in the process
of preserving of their property.
AYES: Cummings, Everson, Goldberg, Massa -Lavitt
NOES: None
ABSENT: Galbreath
PUBLIC HEARINGS
3. Conditional Use Permit 11 -9: 1201 Marlin Avenue
Applicant/Owner: Michele L. Gamble
Request:
Motion carried
For the establishment of a Vacation Rental property
within the Residential Low Density (RLD -9) Zone at
1201 Marlin Avenue.
Recommendation: Application withdrawn. No further action required.
The Senior Planner delivered the staff report and recommended the public
hearing to be closed and that no further action be taken on this matter.
Chair Massa -Lavitt closed the public hearing and the withdrawal of the
application was accepted.
DIRECTOR'S REPORT
September 21, 2011 meeting is cancelled due to lack of agenda. At the Coastal
Commission Hearing, the City was granted the green light with the intent to issue
a coastal development permit for the River's End Bike Trail project.
COMMISSION CONCERNS
Commissioner Everson: None at this time.
Commissioner Cummings: None at this time; supports holding a study session to
discuss vacation rentals.
Commissioner Goldberg: Stated concerns regarding ample noticing to applicant's
when conditional use permits are going to be denied — believes continuances
disrupt the process and are inefficient; stated additional concerns regarding
vacation rentals in general terms — land use inconsistent with general plan,
mitigating conditions of CUP would be difficult to enforce, strong public sentiment
against vacation rentals, and ongoing problems with existing vacation rentals —
proposed a study session on vacation rentals and legally banning them in certain
areas of the City; inquired about the meeting time and place for the next DWP
Specific Plan Committee meeting.
Chair Massa - Lavitt: Addressed the concerns of Commissioner Goldberg
regarding continuances of public hearings; asked staff to set an appropriate date
for a study session regarding vacation rentals.
ADJOURNMENT
Chair Massa -Lavitt adjourned the meeting at 8:50 p.m.
•
� �� �v /21 � -A Approved.
Chair
Attest:
Deputy City Clerk
Page 4 — Planning Commission 09/07/11
Deputy City Clerk