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HomeMy WebLinkAboutPC Min 2011-12-07City of Seal Beach - Planning Commission December 7, 2011 Chair Massa -Lavitt called the regular meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, December 7, 2011. The meeting was held in the City Council Chambers with the Salute to the Flag led by Commissioner Cummings.' ROLL CALL Present: Chair Massa - Lavitt; Commissioners: Cummings, Everson, Goldberg, Galbreath Staff Present: Department of Development Services Mark Persico, Director Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney ORAL COMMUNICATIONS Chair Massa - Lavitt opened oral communications. Seth Eaker, 13 Street / Seal Beach Chamber of Commerce commented on the Christmas Tree Lighting ceremony and the Annual Christmas Parade. There being no other speakers, Chair Massa -Lavitt declared oral communications closed. AGENDA APPROVAL With no objections, Chair Massa -Lavitt so ordered the agenda approved as presented. CONSENT CALENDAR Cummings moved, second by Everson, to approve the recommended actions on the consent calendar. The Assistant City Attorney indicated that Commissioner Galbreath was not present at that meeting, and will abstain from voting in accordance with Commission practices. AYES: Cummings, Everson, Goldberg, Massa -Lavitt NOES: None ABSTAIN: Galbreath SCHEDULED MATTERS There were no matters for consideration at this time. 1 These Minutes were transcribed from audiotape of the meeting. Motion carried 1. Approved the Planning Commission Meeting Minutes of November 2, 2011. Page 2 — Planning Commission 12/07/11 PUBLIC HEARING 2. Request for Reasonable Accommodation 11 -1 (A -114 Surfside Avenue) Applicant/Owner: Yolanda McCausland Request: For an after - the —fact permit for reasonable accommodation to allow an elevator within an existing single family dwelling. The elevator is located within the required garage area, reducing the required two - car garage area to a single -car garage. Recommendation: Deny request for Reasonable Accommodation 11 -1 The Senior Planner presented the staff report. Chair Massa - Lavitt opened the public hearing. Yolanda McCausland, applicant/project designer, spoke briefly regarding the project and on the location of the elevator within the home. Mark Tundus, attorney representing the homeowner (Cynthia Richardson), presented background information regarding the project and stated that his client is making this request as a disabled person. The Senior Planner indicated there are other options for the applicant to consider. Four speakers spoke in favor of denying the request for reasonable accommodation: John Chris, A -100; Sandy Redding, B -70; KC Coultrup, B -66, representing the Board, agrees with staff's recommendation; Judy Wyles, B -68. Commission comments and inquiries: received clarification regarding relocating elevator — potential other locations within home and inquired about a building permit for existing elevator. A recess was called at 8:28 p.m. and the meeting was reconvened at 8:37 p.m. The Senior Planner stated that there is no permit on file for the existing elevator. It was suggested the item be continued to consider other options. Ms. McCausland indicated that her client would be willing to remove the first floor bathroom to install tandem parking — would like to make a request for continuance of the item to explore other locations for the elevator and parking. There being no additional speakers, Chair Massa -Lavitt declared the public hearing closed. Cummings moved, second by Galbreath, to continue the Request for Reasonable Accommodation 11 -1. AYES: Cummings, Everson, Galbreath, Goldberg, Massa - Lavitt NOES: None Motion carried 3. Variance 11 -2 (400 Ocean Avenue) Applicant/Owner: Harold B. Rothman Request: Recommendation: Deny Variance 11 -2 The Senior Planner presented the staff report with the recommendation to deny the variance; noted that staff received additional comments from the public; and indicated that the 50' lot width minimum has been in place since 1974. Chair Massa - Lavitt opened the public hearing: Page 3 - Planning Commission 12/07/11 For the subdivision of an existing 75' -0" wide lot within the RLD -9 zone into a 42' -6" wide corner lot and a 32' -6" wide interior lot. The minimum required lot width within the RLD -9 zone is 50' -0 ". Harold Rothman, applicant/owner, reviewed the proposed variance and presented 2 possible concepts — 1 for a single family home and 1 for 2 single family homes. Paul McMillan, real estate appraiser on behalf of the applicant, made comments regarding the value of the home in this area. Three speakers spoke of denying the variance: Jena Keller, Ocean Avenue; Murry Westall, 4 Street; Susie Morgan, 16 Street; and 1 in favor of approval: Joyce Kucera, Ocean Avenue. There being no additional speakers, Chair Massa -Lavitt declared the public hearing closed. Commission comments and inquires: • Everson: received clarification regarding the number of lot sizes in the gold coast — staff has not surveyed the lot sizes, need to go by the current zoning code, and referred to memo attached in the staff report; • Goldberg: there are only 3 lots with similar size, inquired about the lot that was divided with conditions in 2007, granting the variance does not appear to be a "granting of special privilege ", and not agree that it disrupts the uniform development pattern; • Everson: gold coast zone is the area in Old Town that is different and granting the variance would make it a high density zone, the lot under consideration does not have a specific circumstance that would qualify it for a variance, and the nature of Old Town will be affected by the variance; • Cummings: the pattern has been established to this unique lot, was allowed for another lot down the block, and makes sense out of fairness to allow variance; • Galbreath: should abide by the existing zoning development since 1974 being 50' minimum lot width and there is a problem with variances — the law is the law and the regulation is the regulation; • Massa - Lavitt: sub- division was created in 1914 and times have changed, a lot of changes have been made since then, the other lots 75' will not be able to be divided, should not grant a variance due to what has been done in the past, and a mistake was made in 2007 in granting the sub - division and does not mean this mistake should be continued; • Goldberg: alternative could change the code instead of granting a variance but would be a lot of work for 3 lots; and • Massa - Lavitt: it would affect more than the 3 lots there are under- developed lots along the gold coast that could be rebuilt and this would create a special circumstance for those lots. Cummings moved, second by Goldberg, to approve Variance 11 -2. AYES: Cummings, Goldberg NOES: Everson, Galbreath, Massa -Lavitt Motion failed Massa - Lavitt moved, second by Everson, to deny Variance 11 -2. AYES: Everson, Galbreath, Massa -Lavitt NOES: Cummings, Goldberg Motion carried The Assistant City Attorney stated the Planning Commission decision to deny Variance 11 -2 is a final decision of the Planning Commission there is a 10 day appeal period to appeal this decision to the City Council — the appeal period will begin tomorrow morning (12/08/11). 4. Conditional Use Permit 11 -12 (135 Main Street) Applicant/Owner: Angelo Marciuliano Request: Page 4 — Planning Commission 12/07/11 To permit the expansion of an existing Delicatessen /Specialty Grocery Store with a Type 41 (On -Sale Beer & Wine) ABC license into an adjacent lease space, within the Main Street Specific Plan (MSSP) zone. Recommendation: Approve Conditional Use Permit 11 -12 with conditions Page 5 - Planning Commission 12/07/11 The Senior Planner presented the staff report outlining the conditions and pointed out the minor revisions to the resolution before the Commission — Condition 1: added - CUP 11 -12 in Resolution 11 -29 shall supersede CUP 11 -01 in Resolution 11 -03 granted for this property; and in Condition 4: making it abundantly clear that the alcohol sales are not expanding into the new section (135 Main Street). Clarification was made that only the existing entrance is allowed; the new expansion will only be used for sale of groceries (no alcohol); there is a restriction placed by ABC in accordance with the CUP; and there is a floor area restriction on the amount of space for beer and wine that can be displayed for sale (Condition 13). Chair Massa -Lavitt opened the public hearing. Pat Brown, applicant, spoke on the application before the Commission and indicated that the request to replace the existing doors with a solid glass be changed that the existing doors remain and be locked during business hours (complying with building and fire codes). Seth Eaker, Seal Beach Chamber representative, spoke in support of the Conditional Use Permit 11 -12. There being no additional speakers, Chair Massa -Lavitt declared the public hearing closed. Galbreath moved, second by Everson, to approve Conditional Use Permit 11 -12 with conditions and adopt Resolution No. 11 -29 as amended. AYES: Cummings, Everson, Galbreath, Goldberg, Massa -Lavitt NOES: None Motion carried The Assistant City Attorney stated approval of CUP 11 -12 is the final decision of the Planning Commission — there is a 10 day period to appeal this decision to the City Council — this period will begin tomorrow morning (12/08/11). DIRECTOR'S REPORT The Director discussed the schedule for upcoming Planning Commission meetings and alerted the Commission and the public of the upcoming meetings regarding the DWP Specific Plan Amendment and all written comments for the draft EIR are due January 9 — check the City's website for dates of the meetings and the agendas. COMMISSION CONCERNS Commissioner Cummings inquired about the Bay Theater and the Housing Element; Commissioner Galbreath inquired about the new businesses going into the Albertson's building; and Chair Massa - Lavitt recognized the retirement of Carmen Alvarez, executive assistant. ADJOURNMENT Chair Massa - Lavitt adjourned the meeting at 10:15 p.m. Approved: Attest: ,,,,,-01,wa-ke Chair Page 6 — Planning Commission 12/07/11