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HomeMy WebLinkAbout1 - PC Min 2012-02-15City of Seal Beach - Planning Commission February 15, 2012 Chair Massa -Lavitt called the regular meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, February 15, 2012. The meeting was held in the City Council Chambers and began with the Salute to the Flag led by Commissioner Cummings. ROLL CALL Present: Chair Massa - Lavitt; Commissioners: Cummings, Everson, Goldberg Absent: Commissioners: Galbreath Staff Present: Mark Persico, Director Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Anita Chapanond, Deputy City Clerk Cummings moved, second by Everson, to excuse Commissioner Galbreath. AYES: Cummings, Everson, Goldberg, Massa -Lavitt NOES: None ABSENT: Galbreath AGENDA APPROVAL Motion Carried By motion of Chair Massa - Lavitt, the agenda was approved as presented. ORAL COMMUNICATIONS Chair Massa - Lavitt opened oral communications. There being no speakers, Chair Massa - Lavitt declared oral communications closed. CONSENT CALENDAR Goldberg moved, second by Everson, to approve the recommended action on the consent calendar. AYES: Cummings, Everson, Goldberg, Massa -Lavitt NOES: None ABSENT: Galbreath Motion Carried 1. Approve Planning Commission Meeting Minutes of February 1, 2012. ITEMS REMOVED FROM THE CONSENT CALENDAR No items were removed. Page 2 — Planning Commission 02/15/12 SCHEDULED MATTERS There were no matters for consideration at this time. PUBLIC HEARING 2. Variance 12 -1; Minor Use Permit 12 -2 A -95 Surfside Avenue Applicant/Owner: Cynthia and Wayne Tomlinson Request: To construct an exterior glass wall for an interior staircase that encroaches approximately 1' -0" into the required side yard setback area, as well as 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 3' -6" (approximately 38' -6" overall height). Recommendation: Deny Variance 12 -1 through the adoption of Resolution 12 -2; Approve Minor Use Permit 12 -2, subject to conditions, through the adoption of Resolution 12 -3. The Senior Planner delivered the staff report — the variance and minor use permit requests are being made in conjunction with major remodel — proposal being made to shift covered roof access structure (CRAS) and minor use permit is for adding an architectural element adjacent to CRAS — variance is for glass wall encroachment of interior staircase. Chair Massa - Lavitt opened the discussion for the commission: • Commissioner Everson: inquired about permissible encroachments into side yard setback; received clarification that 8 -foot limitation refers to maximum length of encroachment — 7 -foot clearance is to deter encroachment into walkway; building code would require alternate fire protection method for encroaching into 3 -foot setback. Chair Massa -Lavitt opened the public hearing. Speakers: Marshall Innins (architect for applicant/owner) presented conceptual designs — believes width of home facilitates special circumstance — indicated number of Surfside homes with existing encroachments into side yard setback — reiterated there will not be additional habitable space — garnered support from residents and Association; Michael Powers, Surfside resident, spoke in opposition to the minor use permit — believes additional features added to structures on the roof will obstruct view — reiterated that overall mass will be increasing on the rooftop which impairs view; Page 3 - Planning Commission 02/15/12 Robert Osborn, Surfside resident, spoke in opposition of the project; Cynthia Tomlinson, property owner, presented information to clarify proposed project. Commission comments and inquiries: • Commissioner Everson: questioned whether stairway feature could be designed as to qualify as a bay window — yes, but would defeat purpose of opening up entrance area; is property a substandard lot — no, there are other 25 -foot lots. • Commissioner Goldberg: received clarification regarding height from grade for the encroachment; inquired whether minor use permit is still needed if variance is denied — yes, would like to maintain circular element of architectural feature. • Commissioner Massa - Lavitt: received clarification regarding increasing the size of the CRAS — does not increase habitable area. • Commissioner Cummings: would like to see drawings of CRAS as it currently exists. • Commissioner Massa - Lavitt: suggested that, due to the confusion between existing and proposed development, the item be continued until applicant can submit as -built plans and various design alternatives to address concerns. • Commissioner Goldberg: suggested photographs of existing structure be included. Motion by Cummings, second by Everson, to continue the item and the public hearing to the Planning Commission meeting of March 7, 2012. AYES: Cummings, Everson, Goldberg, Massa - Lavitt NOES: None ABSENT: Galbreath 3. Minor Use Permit 12 -1 B -86 Surfside Avenue Applicants /Owners: Renee Depeso and Arthur Patino Request: Motion Carried 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. Page 4 — Planning Commission 02/15/12 The Senior Planner delivered the staff report — this item was previously continued from the last regular Planning Commission meeting — additionally noted that the CRAS has already been built in excess of the height limit — the original plans approved by the Commission were within the height limit — modifications were made in the field. Chair Massa -Lavitt opened the discussion for the commission: • Commissioner Massa - Lavitt: received clarification regarding which portion of the roof is being considered — the peak exceeding the height limit requires the encroachment. • Commissioner Goldberg: inquired about the minimum square footage of the CRAS; indicated concerns regarding the width of the CRAS. • Commissioner Cummings: questioned if project can revert back to original plans — plans as originally submitted have incorrect elevation plan, and slope of roof has become more gradual than originally designed. Chair Massa - Lavitt continued the public hearing. Speakers: Arthur Patino, owner /applicant, provided clarification regarding modifications that were made in the field. Commission comments and inquiries: • Commissioner Everson: received clarification regarding height levels of each floor; inquired whether structure could be revised to fit the original plans — the roof could be dropped two inches, but there is a minimum height between the top step and the bottom of the roof rafter that needs to be met; asked for background information regarding how the owner /applicant arrived in the current situation; inquired whether variation appropriate for character /integrity of neighborhood — revised second set of plans have been submitted to Association and were not approved. • Commissioner Massa - Lavitt: indicated that the actions of the Commission are separate from the Surfside Colony's Association. Chair Massa -Lavitt closed the public hearing. Motion by Cummings, second by Goldberg, to deny Minor Use Permit 12 -1. AYES: Cummings, Everson, Goldberg, Massa -Lavitt NOES: None ABSENT: Galbreath Motion Carried The Assistant City Attorney stated the Planning Commission decision to deny Minor Use Permit 12 -1 is a final decision of the Planning Commission - there is a 10 day period to appeal this decision to the City Council — the appeal period will begin tomorrow morning (02/16/12). Page 5 - Planning Commission 02/15/12 DIRECTOR'S REPORT The Director announced upcoming public meetings; provided an update on actions of the AdHoc GP /LCP Citizens Advisory Committee — will be recommending seven sites to the Planning Commission for approval of designation as potential affordable housing in regards to the Housing Element. COMMISSION CONCERNS Commissioner Everson had concerns regarding future meetings with respect to the public hearing of the DWP Final EIR; Commissioner Goldberg indicated he would like additional information to be included regarding the seven sites when they are presented to the Commission; Commissioner Massa - Lavitt inquired about status update for Bay Theatre regarding historical designation — staff has not received communications from the owner. ADJOURNMENT Chair Massa -Lavitt adjourned the meeting at 8:55 p.m. Approved: Attest: Chair Deputy City Clerk 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 prior to final action, it should not be considered a true record of the meeting. It is not the official Minutes of the Planning Commission and cannot be relied on or used as an official record of the proceedings. Although 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.