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HomeMy WebLinkAbout1 - PC Min 2012-02-01City of Seal Beach - Planning Commission February 1, 2012 Chair Massa - Lavitt called the regular meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, February 1, 2012. 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, Galbreath Staff Present: ORAL COMMUNICATIONS Chair Massa - Lavitt opened oral communications. There being no speakers, Chair Massa - Lavitt declared oral communications closed. AGENDA APPROVAL The Director recommended that all three items be pulled from the consent calendar for separate consideration. Without any objection, the Commission approved the agenda as amended. AYES: Cummings, Everson, Galbreath, Goldberg, Massa - Lavitt NOES: None Motion carried CONSENT CALENDAR 1. Item pulled for separate consideration. 1. Approve the Planning Commission Meeting Minutes of January 18, 2012. 2. Item pulled for separate consideration. 2. Minor Use Permit 11 -5 A -95 Surfside Avenue Applicant /Owner: Cynthia and Wayne Tomlinson Request: Mark Persico, Director Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Anita Chapanond, Deputy City Clerk To construct a glass and stucco architectural element on the rooftop deck that is approximately 35 square feet in area and exceeds the 35' -0" height limit by approximately three (3) feet (approximately 38' -0" overall height). Page 2 — Planning Commission 02/01/12 Recommendation: Application has been amended and will be re- noticed for the February 15, 2012 Planning Commission hearing. 3. Item pulled for separate consideration. 3. Minor Use Permit 12 -1 B -86 Surfside Avenue Applicants /Owners: Renee Depeso and Arthur Patino Request: Request: To construct a non - habitable architectural feature in excess of the 35' -0" height limit. The applicant proposes to construct a Covered Roof Access Structure (CRAS) and solid roof patio cover to exceed the height limit by approximately 1' -9" (approximately 36' -9" overall height). Recommendation: Approve Minor Use Permit 12 -1, subject to conditions, through the adoption of Resolution 12 -1. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of January 18, 2012. Cummings moved, second by Everson, to approve the item as presented. AYES: Cummings, Everson, Galbreath, Goldberg, Massa - Lavitt NOES: None Motion carried 2. Minor Use Permit 11 -5 A -95 Surfside Avenue Applicant /Owner: Cynthia and Wayne Tomlinson To construct a glass and stucco architectural element on the rooftop deck that is approximately 35 square feet in area and exceeds the 35' -0" height limit by approximately three (3) feet (approximately 38' -0" overall height). Recommendation: Application has been amended and will be re- noticed for the February 15, 2012 Planning Commission hearing. The Senior Planner presented the staff report. The item was previously continued from the last Planning Commission meeting on January 18, 2012. Since that time, the application has been amended and the amended application will need to be re- noticed accordingly. Everson moved, second by Galbreath, to continue the item to a later date. AYES: Cummings, Everson, Galbreath, Goldberg, Massa - Lavitt NOES: None Motion carried 3. Minor Use Permit 12 -1 B -86 Surfside Avenue Applicants /Owners: Renee Depeso and Arthur Patino Request: Page 3 - Planning Commission 02/01/12 To construct a non - habitable architectural feature in excess of the 35' -0" height limit. The applicant proposes to construct a Covered Roof Access Structure (CRAS) and solid roof patio cover to exceed the height limit by approximately 1' -9" (approximately 36' -9" overall height). Recommendation: Approve Minor Use Permit 12 -1, subject to conditions, through the adoption of Resolution 12 -1. The Senior Planner presented the staff report. There was a minor error in the staff report indicating that staff had received a letter in opposition — staff did not receive the letter of opposition until after the agenda packet had been distributed. Additionally, the Commission was presented at the dais with photographs provided by an adjacent neighbor. Chair Massa - Lavitt opened the public hearing. John Cahoon, Surfside resident, spoke on behalf of KC Coultrup (Surfside Board member) and himself — reiterated the points made in the opposition letter that staff received — as a tenant /owner, believes request will obstruct view — if approved, would like the precedent to be applied in the future when he develops his property. Commission comments and inquiries: • Everson: received clarification regarding the status of the approval process of the Surfside Colony Architectural Committee — Mr. Cahoon read Mr. Coultrup's opinion that the approved plans were not followed, would prefer the look of the plans as originally submitted; City became aware of modifications during an inspection; inquired about minimum square footage of CRAS; questioned whether applicant re- applied to Surfside Colony — applicant did so, but revisions were denied. • Goldberg: inquired about the authority the Surfside Board has to stop a project — there are no CC &Rs in the colony. Page 4 — Planning Commission 02/01/12 The Assistant City Attorney clarified that approval from the Surfside Colony Architectural Committee is not a perquisite for approval from the Planning Commission. Everson moved, second by Galbreath, to continue the item to the Planning Commission meeting of February 15, 2012. AYES: Cummings, Everson, Galbreath, Goldberg, Massa - Lavitt NOES: None Motion carried SCHEDULED MATTERS 4. Planning Commission Re- organization — selection of Chair and Vice - Chair. Chair Massa - Lavitt conducted the reorganization process: Cummings nominated Massa - Lavitt as Chair for 2012, seconded by Everson — there were no other nominations. AYES: Cummings, Everson, Galbreath, Goldberg, Massa - Lavitt NOES: None Motion carried Everson nominated Cummings as Vice Chair for 2012, seconded by Galbreath — there were no other nominations. AYES: Cummings, Everson, Galbreath, Goldberg, Massa - Lavitt NOES: None Motion carried 5. Presentation regarding the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Assistant City Attorney and the Director provided a PowerPoint presentation regarding CEQA guidelines and Environmental Impact Reports — How to Read an EIR. (the presentation and handout are available for review on the City's website — www.sealbeachca.gov) PUBLIC HEARING There were no matters for consideration at this time. DIRECTOR'S REPORT The Director discussed upcoming items on the next agenda; provided an update regarding the Request for Reasonable Accommodation (A -14, Surfside) — staff is waiting to receive revised plans from the applicant, may become a code enforcement issue; highlighted upcoming meetings regarding the DWP proposed project; indicated the City did receive comments from the State regarding the Draft Housing Element. COMMISSION CONCERNS Commissioner Everson inquired about Fresh & Easy's conditional approval items regarding their neighbor — window replacement has been completed; Commissioner Cummings questioned if there was a status update regarding the application for grant monies from the State to expand Marina Park — the State has all the necessary information and announcements are expected within 4 -5 months; Commissioner Galbreath requested a status update regarding the Rite - Aid property with respect to the demolition of the Verizon and KFC buildings — demolition permits have not yet been issued; Commissioner Goldberg inquired about the timeline and selling price of the property owned by Exxon /Mobil — real property negotiations are discussed in closed session by City Council, and that amount would be made public prior to the acquisition of that property. ADJOURNMENT Chair Massa - Lavitt adjourned the meeting at 9:23 p.m. Approved: Attest: Chair Deputy City Clerk Page 5 - Planning Commission 02/01/12 Deputy City Clerk NOTICE: The following document has not been approved for accuracy and may be corrected, modified or amended' before final' approval. Because it is being made available poor to final action, it should not be considered a true record of the meeting. It is'no the official Minutes of the Planning Commission and cannot be relied on or used as an official record! of the proceedings It the City of Seal Beach makes every effort to see that', proper notes are taken at a meeting, and although draft Minutes are generally approved as submitted, changes and corrections are sometimes made before a final version is approved. The City' therefore makes no warranty, expressed or implied, as to the contents of this document. Once Official' Minutes have been approved, a copy can be obtained from the City Clerk.