HomeMy WebLinkAboutPC Min 2012-03-07 City of Seal Beach - Planning Commission
March 7, 2012
Chair Massa-Lavitt called the regular meeting of the Planning Commission to
order at 7:30 p.m. on Wednesday, March 07, 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, Galbreath, Goldberg
Staff Present: Jerry Olivera, Senior Planner
Steven Flower, Assistant City Attorney
Linda Devine, City Clerk
AGENDA APPROVAL
Goldberg moved, second by Galbreath, to approve the agenda as presented.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
ORAL COMMUNICATIONS
Chair Massa-Lavitt opened oral communications. There being no speakers,
Chair Massa-Lavitt declared oral communications closed.
CONSENT CALENDAR
Everson moved, second by Goldberg, to approve the recommended action on
the consent calendar.
AYES: Cummings, Everson, Goldberg, Massa-Lavitt
NOES: None
ABSTAIN: Galbreath Motion Carried
1. Approved the Planning Commission Meeting Minutes of February 15,
2012 (Commissioner Galbreath was not present at that meeting, and
abstained in accordance with Commission practices).
ITEMS REMOVED FROM THE CONSENT CALENDAR
No items were removed.
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SCHEDULED MATTERS
2. Adoption of Resolution No. 12-1 Denying, without prejudice, Minor Use
Permit 12-1 at B-86 Surfside Avenue — Confirming Planning Commission
action of February 15, 2012.
The Senior Planner delivered the staff report—the applicant's project was denied
at the last meeting without a denial resolution prepared — staff is seeking
confirmation that the denial is without prejudice.
The Assistant City Attorney clarified that per the City code, a prejudiced denial
prohibits the applicant from submitting the same, or similar, project to the
Planning Commission for up to one year. Additionally, the Assistant City Attorney
clarified that at the last meeting, he inadvertently declared the action of the
Planning Commission was a final decision. There was no resolution prepared at
that time; therefore, there was no denial —final action would be taken tonight.
Commissioner Everson received clarification regarding denial without prejudice —
applicant would be allowed to come back with revised plans.
Cummings moved, second by Everson, to adopt Resolution No. 12-1 Denying,
without prejudice, Minor Use Permit 12-1 at B-86 Surfside.
AYES: Cummings, Everson, Goldberg, Massa-Lavitt
NOES: None
ABSTAIN: Galbreath Motion Carried
Commissioner Galbreath was not present at that meeting, and abstained in
accordance with Commission practices. 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 (03/08/12).
PUBLIC HEARING
3. Variance 12-1; Minor Use Permit 12-2
A-95 Surfside Avenue (continued from February 15, 2012)
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
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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 — this item was continued from the
February 15, 2012 meeting — the Commission had asked the applicant/architect
for additional information — they have provided additional plans/drawings and
have prepared a presentation to address Commission's questions and concerns.
Chair Massa-Lavitt opened the public hearing. Speakers: Marshall Innins
(architect for applicant/owner) presented a PowerPoint presentation — provided
images of plans illustrating the effects of approving/denying the variance and the
minor use permit (MUP) — reiterated the number of homes in Surfside with
existing encroachments — recapped that proposal is for architectural design
purposes and would not increase habitable living space.
Commission comments and inquiries:
• Commissioner Galbreath: received clarification regarding height from the
bottom of the glass enclosure to the ground — approximately 8 feet.
• Commissioner Goldberg: received clarification regarding design plans of
the stairwell structure — designs will be the same regardless of the
variance —with the variance, structure shifts outward encroaching one foot
into side yard setback —without variance, it would be flush with side of the
house.
• Commissioner Everson: received clarification regarding interpretation of
"bay window" definition — differentiated between habitable and usable
space; additionally, stated that he is in favor of the design, but does not
feel the criteria for a variance are being met.
• Commissioner Cummings: inquired whether the stairs would be visible
down the side yard if variance is granted — only the glass and the edge of
the rail would be in the encroached area.
• Commissioner Massa-Lavitt: commented that the architectural design and
aesthetics of the project work well — additionally, stated that for safety
concerns, encroachments should not be allowed into the side yard
setback with homes being close together (6 feet apart).
Motion by Everson, second by Cummings, to Deny Variance 12-1, through the
adoption of Resolution 12-2 and Approve Minor Use Permit 12-2, subject to
conditions, through the adoption of Resolution 12-3.
AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None Motion Carried
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The Assistant City Attorney stated the Planning Commission decisions to deny
Variance 12-1 and approve Minor Use Permit 12-2 are final decisions of the
Planning Commission - there is a 10 day period to appeal these decisions to the
City Council —the appeal period will begin tomorrow morning (03/08/12).
DIRECTOR'S REPORT
The Senior Planner announced upcoming meetings and provided an agenda
forecast.
COMMISSION CONCERNS
There were no concerns at this time.
ADJOURNMENT
Chair Massa-Lavitt adjourned the meeting at 8:10 p.m.
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