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HomeMy WebLinkAbout1 - Approve PC Min 2012-08-01City of Seal Beach - Planning Commission August 1, 2012 Chair Massa-Lavitt called the regular meeting of the Planning Commission to order at 7:00 p.m. on Wednesday, August 1, 2012. The meeting was held in the City Council Chambers and began with the Salute to the Flag led by Commissioner Everson. ROLL CALL Present: Chair Massa-Lavitt; Commissioners: Cummings, Everson, Galbreath, Goldberg Staff Present: Greg Hastings, Interim Director of Community Development Jerry Olivera, Senior Planner Quinn Barrow, City Attorney Linda Devine, City Clerk APPROVAL OF AGENDA Motion by Cummings, second by Everson, 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 Motion by Galbreath, second by Everson, to approve the consent calendar as presented. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried 1. Approve Planning Commission Meeting Minutes of July 18, 2012. SCHEDULED MATTERS 2. Discussion Item – Rooftop Deck Features/Items within Residential Zones. Interim Director Hastings provided a brief report regarding the discussion item – at the July 9, 2012 meeting, the Commission directed staff to develop criteria pertaining to features/items that may be allowed on residential rooftop decks – staff has presented a list of potential items for discussion – may want to consider maximum height of items, temporary or permanent, attached or detached, Page 2 – Planning Commission 08/01/12 amount of deck coverage – may want to consider grandfathering rights – may recommend to staff to prepare an ordinance. Chair Massa-Lavitt opened the floor for public comments. Speakers: Mike Buhbe, Old Town resident, reiterated results of Measure Z and 25’ height limit restrictions – was opposed to grandfathering rights – provided suggestions for restrictions: amenities (umbrella, heat lamp) folded or laid down when not in use, accessories (hot tubs, satellite dishes, barbecues, chairs, etc.) should stay below th height limit; Donna Hardesty, 4 Street resident, rooftop provides outdoor space and a yard for the property, restricting furnishings amounts to restricting homeowners use of the living space, believes Measure Z intended to restrict the nd height of the building, believes inclusion of furnishings on 2 story rooftop decks rd into Measure Z guidelines for a 3 story is unreasonably restrictive. Commission Questions: Commissioner Goldberg: questions to speaker Mike Buhbe - received clarification regarding umbrella width recommendation – E-Z ups not having weighted base – 3rd story rooftop decks (limit to 35’ height restriction); commented that solid railings versus glass railings appear more massive, and the view of clutter will be a tradeoff. Questions directed to staff – 42” minimum railing per building code – hot tubs vary but are approximately that height – built in barbecues are generally 36” – 42” in height – received clarification regarding portable storage sheds (there may be building code issues involved). Commissioner Massa-Lavitt: commented that there are FCC regulations imposed for where satellite dishes can be placed (building code of where they can be attached); Commission Comments and Discussion: Commissioner Everson: has concerns with trying to regulate furniture on rooftop decks; agrees that issue of mass and encroached area are greater concern; highlighted existing definition of canopy in code – could modify/include definition of free standing canopy. Commissioner Galbreath: concurs with height limit restrictions, but not regulating the features that may go on the rooftop deck; believes too much freedom is being taken away from residents. Commissioner Cummings: commented on concerns regarding enforceability, proposes to keep regulations simple, and to utilize existing codes and clarify current language. Commissioner Goldberg: does not want to skirt measure Z; commented that Council passed Ordinance No. 1595 eliminating architectural features above 25’; standard furniture does not meet the concern of creating mass above the height limits – is concerned with rooftop sheds though; is in support of temporary features, but not structures that stay up indefinitely (Commissioner Everson highlighted that there are current exceptions to Page 3 - Planning Commission 08/01/12 that now – chimneys); inquired regarding feasibility of modifying language of code to include regulations when items are not in use. Commissioner Massa-Lavitt: has issue with standing sheds, does not want sheds that encroach into the airspace above the 25’ height limit; does not have concerns regarding other patio type furniture pieces like umbrellas or E-Z ups, and does not need to be limited; with respect to property in question – would support awning if collapsible when not in use; does not have concerns with poles of the umbrellas or heaters remaining upright when not in use; suggested staff draft an ordinance to be reviewed by the Commission. The City Attorney reiterated the recommendation to staff: 1) to re-work and include the definition for a free standing canopy, 2) develop language ensuring rooftop deck sheds comply with 25’ height limit. Chair Massa-Lavitt re-opened the floor for public comments. Speakers: Donna Hardesty, clarified the type of features she has on the rooftop deck – poles stay up, but the canvas can be rolled up and retracted (Chair Massa-Lavitt indicated the poles would need to collapse to 25’ height limit – more massive than one or two umbrella poles); Marc Loopesko, Old Town resident, encouraged Commission to discuss permanent versus temporary, to be cognizant of loopholes and develop precise definitions; Mike Buhbe, commented that laws/codes written to not be misunderstood and be clear and specific. PUBLIC HEARING 3. Variance 12-2 (Continued from meeting of July 18, 2012) th 226 4 Street Applicant: Brent Sears – Architect Owners: Bob & Cathy West Request: To allow an existing 7’-0” rear yard setback to remain (9’-0” is the minimum required rear setback for this property) in conjunction with a proposed first-floor addition of approximately 180 square feet to an existing single-family dwelling. Recommendation: Application has been withdrawn by the applicant. The Senior Planner delivered the staff report – indicated that architect has requested to withdraw the application and re-apply for a conditional use permit. Page 4 – Planning Commission 08/01/12 4. Conditional Use Permit 12-3 1033 Pacific Coast Highway Applicant: John G. and Yongping T. Bonn Owner: Columbia Regency Retail Partners, LLC Request: For the establishment of a foot, body, and facial massage business within the Service Commercial (SC) zone. Recommendation: Application will need to be re-noticed for the August 15, 2012 Planning Commission meeting. The Senior Planner indicated that there was an error with the noticing. The legal notice was in the paper, but the mailed notices were not sent in time to comply with municipal code regulations. 5. Conditional Use Permit 12-4 th 112 8 Street Applicant: Dun and Kim Ha Owner: Dun and Kim Ha Request: For the establishment of a short-term vacation rental property within the Residential High Density (RHD-20) th zone at 112 8 Street. Recommendation: Application will need to be re-noticed for the August 15, 2012 Planning Commission meeting. The Senior Planner indicated that there was an error with the noticing. The legal notice was in the paper, but the mailed notices were not sent in time to comply with municipal code regulations. DIRECTOR’S REPORT The Interim Director provided an agenda forecast of upcoming items at the August 15, 2012 meeting including new and existing vacation rental applications. COMMISSION CONCERNS Commissioner Cummings inquired about a status update regarding the banner display in front of the tattoo parlor – code enforcement spoke with the owner, have been made aware of the violation, and staff will follow up with the property. Commissioner Goldberg received clarification regarding the length of the conditional use permit of the tattoo parlor. Page 5 - Planning Commission 08/01/12 ADJOURNMENT Chair Massa-Lavitt adjourned the meeting at 8:28 p.m. Deputy City Clerk Approved: Chair Attest: 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.