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HomeMy WebLinkAbout1 - Approve PC Min 2012-09-05City of Seal Beach - Planning Commission September 5, 2012 Chair Massa - Lavitt called the regular meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, September 5, 2012. The meeting was held in the City Council Chambers and began with the Salute to the Flag led by Commissioner Goldberg. Rnl I r.AI I Present: Chair Massa - Lavitt; Commissioners: Cummings, Everson, Galbreath, Goldberg Staff Present: Greg Hastings, Interim Director of Community Development Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Anita Chapanond, Deputy City Clerk APPROVAL OF AGENDA The City Attorney requested that item #2 — Public Hearing for Conditional Use Permit (CUP) 12 -14 at B -54 Surfside Avenue be removed from the agenda. He indicated that the request at the subject property did not need to apply for a CUP. Motion by Cummings, second by Everson, to approve the agenda as modified. 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 Cummings, second by Goldberg, 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 August 15, 2012. SCHEDULED MATTERS There were no matters for consideration at this time. Page 2 — Planning Commission 09/05/12 PUBLIC HEARING 2. Item Removed from Agenda Conditional Use Permit 12 -14 B -54 Surfside Avenue Applicants: Joe and Linda Geleris Owners: Joe and Linda Geleris Request: For a Conditional Use Permit (CUP) to allow a Covered Roof Access Structure and a rooftop patio to a nonconforming residential property within the Residential Low Density (RLD -9 — Surfside) zone at B -54 Surfside Avenue. Recommendation: Approve CUP 12 -14, subject to conditions 3. Conditional Use Permit 12 -5 1620 Ocean Avenue (Continued from August 15, 2012 meeting) Applicant: Kye and Elena Osti Owner: Kye and Elena Osti Request: For a Conditional Use Permit (CUP) to allow a short- term vacation rental property within the Residential High Density (RHD -20) zone at 1620 Ocean Avenue. Recommendation: Approve CLIP 12 -5, subject to conditions. The Senior Planner delivered the staff report — indicated that the applicants /owners pay transient occupancy tax (TOT) and have a business license — staff is recommending a maximum of 2 occupants due to lack of parking — and noted a minor error in language from Condition #20, should be corrected to reference Condition #15 (not #16 as presented). Chair Massa - Lavitt opened the public hearing. Speakers: Kye and Elena Osti, applicants /owners - provided background information regarding their existing rental - are amenable with the rules and conditions being imposed — utilize a detailed contract — and have good relationships with their neighbors — in response to Commissioner Cummings, indicated that the number of guests permitted is not too restrictive and is reasonable. Sandra LaFevre, current guest of rental property (Pineapple Cottage) — indicated they enjoy the Seal Beach environment — in response to Chair Massa - Lavitt, indicated that there are 2 of them staying in the rental, and they drove in 1 car to the property. There being no other speakers, Chair Massa- Lavitt closed the public hearing. Page 3 - Planning Commission 09/05/12 Commission Discussion: • Commissioner IVlassa- Lavitt: stated concerns regarding parking — 1 parking for the entire property; commented that if this property were a month -to -month rental, there would still be no parking and condition will continue to exist (Kye Osti indicated that the property was an original model home in the 1940s with no garage, can park and walk everywhere in town). • Commissioner Goldberg: inquired whether the alley pad is open for guest (yes); asked whether owners provided occupants with a guest parking permit (provide 1 guest permit to occupants); commented that applicants /owners are managing in a way to mitigate parking as best as they can. Motion by Everson, second by Galbreath, to approve Conditional Use Permit 12- 5, and adopt Resolution No. 12 -15, as presented. AYES: Cummings, Everson, Galbreath, Goldberg, Massa - Lavitt NOES: None Motion Carried The Assistant City Attorney advised that the approval of Conditional Use Permit 12 -5 and adoption of Resolution No. 12 -15 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 4. Conditional Use Permit 12 -6 13714 th Street (Continued from August 15, 2012 meeting) Applicant: Kye and Elena Osti Owner: Kye and Elena Osti Request: For a Conditional Use Permit (CUP) to allow a short- term vacation rental property within the Residential High Density (RHD -20) zone at 137 14th Street. Recommendation: Approve CUP 12 -6, subject to conditions. The Senior Planner delivered the staff report — the property is a duplex with a rear smaller unit, 2 car garage, and is non - conforming — recommendation is for a maximum of 2 occupants per bedroom, and a total of 6 on the property — the garage is nonconforming due to setback. Commission Questions and Comments: • Commissioner Goldberg: questioned whether this was a new or existing vacation rental (new vacation rental); indicated that calls for services would be irrelevant in granting the CUP since it was not an existing vacation rental; inquired what are the current parking requirements (duplex would require two 2-car garages). Chair Massa-Lavitt opened the public hearing. Speakers: Kye and Elena Osti, applicants/owners, confirmed that property was not an existing vacation rental — indicated they made an error in providing the dimensions of the garage — continually repaints the white line in the alley — normal practice would be to rent whole property, and gear it towards families — in response to Commissioner Massa-Lavitt, the applicants/owners indicated that the units can be rented separately — in response to Commissioner Cummings, stated the property manager (Elena Osti) is on site frequently and is a 3 minute walk away — the owner has a hospitality background — and provided an update regarding the status of their business license and TOT payments; Barbara Barton, Old Town resident, questioned whether the garage is required to be vacant (yes, Condition #10), if the owners had vacation rentals in the City other than those presented tonight (no). There being no other speakers, Chair Massa-Lavitt closed the public hearing. Commission Discussion: • Commissioner Everson: inquired if there could be a provision regarding the 6 foot space between the alley and the garage (there is no specific condition, but smaller space would deter most vehicles); received clarification regarding the boundaries of the space between the alley and garage; stated his familiarity with the property and attested to the significant onsite presence of the owners/applicants. • Commissioner Goldberg: questioned why new vacation rentals are limited to a 29 day maximum (that is the length of time that TOT can be collected, and longer than that time frame would be considered tenancy; City Attorney clarified that the CUP would provide another layer of conditional entitlement, still entitled to long term rentals). • Commissioner Massa-Lavitt: made comments regarding maximum occupancy and limiting the rear unit to two people. Motion by Everson, second by Cummings, to approve Conditional Use Permit 12- 6, and adopt Resolution No. 12-16, as presented. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried The Assistant City Attorney advised that the approval of Conditional Use Permit 12-6 and adoption of Resolution No. 12-16 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. Page 5 - Planning Commission 09/05/12 5. Conditional Use Permit 12 -13 1215; 1215'/2 Seal Way Applicant: Laura Tiano Owner: Joseph E. Ribal Request: For a Conditional Use Permit (CUP) to allow a short - term vacation rental property within the Residential High Density (RHD -20) zone at 1215 and 1215%2 Seal Way. Recommendation: Approve CUP 12 -13, subject to conditions. "fhe Senior Planner delivered the staff report — the property is a duplex, each with 3 bedrooms — recommending a maximum of 2 occupants per bedroom — property has 2 single car garages, whereas current code would require two 2 -car garages. Chair Massa - Lavitt opened the public hearing. Speakers: Laura Tiano, conservator for father (owner of property) — property has been used as both a long term and vacation rental, currently being used as a long term rental — would like the option to use as a vacation rental — in response to Commissioner Cummings, there is an onsite manager (KB properties, 35 years of real estate experience, current Seal Beach resident) — in response to Commission Everson, indicated that KB properties manages both long and short term rentals — in response to Commissioner Goldberg, indicated that the family currently renting a unit has two cars; Ken Beaulieu, property manager of KB properties, provided clarification regarding his company in response to Commissioner Galbreath (a property manager is assigned to each property handled by KB properties, and he is the property manager for this specific property). Commission Discussion: • Commissioner Galbreath: questioned how large the parking pad is between the garage and the alley (approximately 9 feet). • Commission Massa - Lavitt: inquired how parking is divided between the units (1 garage per unit). • Commissioner Goldberg: because of the lack of parking spaces, suggested limiting the occupancy to 4 per unit, but 8 total on the premise; also suggested limiting to 6 per unit, and 8 total on the premise; believes Commission uses a mixed approach and must balance between the number of bedrooms and the number of parking spaces; questioned why the property in not considered a legal conforming property (duplex with this density and parking would not be allowed today under current codes). • Commissioner Cummings: questioned why stricter parking restrictions are being placed on short term rentals rather than longer term rentals. • Commissioner Everson: commented that he thought Commission had settled on using a consistent standard of occupants per bedroom, and Page 6 — Planning Commission 09/05/12 questioned why they were going in the direction of using parking spaces as the standard; suggested limiting to 2 occupants per bedroom, and 10 total for the property. Applicant Rebuttal: The attorney for the applicant indicated he disagrees with additional restrictions being placed, the CUPs should be determined on a case by case basis, and believes the property has a unique layout; Laura Tiano asked the Commission to keep in mind the number of persons that can fit into a vehicle, and the ability to enforce a restriction on the number of vehicles permitted. Ken Beaulieu reiterated that there is no correlation between the numbers of cars to the number of occupants /tenants. There being no additional speakers, Chair Massa - Lavitt closed the public hearing. Motion by Cummings, second by Everson, to approve Conditional Use Permit 12- 13, and adopt Resolution No. 12 -23, as presented. AYES: Cummings, Everson, Galbreath, Massa - Lavitt NOES: Goldberg Motion Carried The Assistant City Attorney advised that the approval of Conditional Use Permit 12 -13 and adoption of Resolution No. 12 -23 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 6. Conditional Use Permit 12 -7 1520 Ocean Avenue Applicant: John Wright Owner: John Wright Request: For a Conditional Use Permit (CUP) to allow a short- term vacation rental property within the Residential High Density (RHD -20) zone at 1520 Ocean Avenue. Recommendation: Approve CLIP 12 -7, subject to conditions. The Senior Planner delivered the staff report — the property is a single family dwelling with 2 bedrooms — the property is conforming including parking with a 2 car garage and a parking spot in front of the garage — recommendation of 2 occupants per bedroom, plus an additional 2, for a total of 6 on the property. Commission Questions and Comments: Commissioner Massa - Lavitt: inquired about staff's recommendation regarding 2 additional persons (staff believes there is adequate parking and ample space). Page 7 - Planning Commission 09/05/12 Chair Massa-Lavitt opened the public hearing. Speakers: John Wright, applicant/owner, indicated he purchased the property five years ago — the property is managed by Elena Osti — indicated a list of occupants is included in the contract — in response to Commissioner Cummings, indicated that the property has been mainly used as a vacation rental; Barbara Barton, Old Town resident, stated complaints regarding parking, noise, and the inability to contact a property manager. • Commissioner Everson: received clarification whether Mrs. Barton had any comments regarding the property in question for this public hearing (no, she did not have any comments). Applicant Rebuttal: The property manager, Elena Osti, commented that there is ample parking on this property and 90% of the renters are repeats. There being no additional speakers, Chair Massa-Lavitt closed the public hearing. Motion by Cummings, second by Everson, to approve Conditional Use Permit 12- 7, and adopt Resolution No. 12-17, as presented. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried The Assistant City Attorney advised that the approval of Conditional Use Permit 12-7 and adoption of Resolution No. 12-17 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 7. Zone Text Amendment 12-2 — Residential Roof Decks Citywide Request: For a Zone Text Amendment to amend certain sections of Title 11 of the Seal Beach Municipal Code, regarding Residential Roof Decks. Recommendation: Adopt Resolution Number 12-26, recommending to the City Council the approval of Zone Text Amendment 12-2 regarding Residential Roof Decks. The Interim Director delivered a brief staff report — City Council directed Planning Commission to develop criteria regulating the height of items on residential rooftop decks — Commission discussed some ideas at the August Vt meeting and directed staff to provide wording and language for Commission to consider. Commission Questions and Comments: • Commissioner Everson: received clarification regarding item #3, collapsible canopy applying only to canopy (yes); commented that staff used existing definition of canopy, rather than add definition for free standing, and added collapsible. • Commissioner Cummings: inquired what the specific impact would be on the property that came before the Commission (it would be prohibited). • Commissioner Massa-Lavitt: questioned whether barbecues were covered under furniture (yes, used furniture to cover broad items); received clarification regarding built-in barbecues (if attached, it would be considered a structure — most do not exceed height limit). Chair Massa-Lavitt opened the public hearing. Speakers: Mike Buhbe, Old Town resident, stated concerns regarding single pole umbrellas, inquired about City's potential liability exposure if an umbrella flew off someone's roof, encouraged Commission to place a dimensional limitation on the size of canopies. The City Attorney provided the response that the City does not incur liability for discretionary regulatory actions. Commission Discussion: • Commissioner Everson: feels language is adequate, specifically item #3 (canopy will be maintained below the height limit when not in use); questioned whether the definition of furniture included potted trees, plants, or flower boxes (The City Attorney advised that the plant or tree itself would not be included, but perhaps the pot or planter — usually do not go that high); inquired whether transparent wind screens are currently permitted above the height limit (would not be permitted above height limit if attached); received clarification regarding rooftop fireplace and chimneys (if attached to the building, it is deemed part of the structure and cannot exceed height limit — the chimney may exceed the height limit by two feet per building code); received clarification regarding air conditioning, HVAC equipment and solar panels (already restricted because they are attached); inquired about the definition of furniture, had concerns with standard barbecues, tables, and high back chairs; commented that green rooftop gardens are becoming more popular — does not want to restrict plants to height limit. • Commissioner Goldberg: inquired if furniture would include portable sheds (City Attorney indicated it could be deemed furniture); questioned whether the term furniture could be replaced with object The City Attorney incorporated Commissioner Everson's concerns and suggested adding to the proposed list of 3 items, and include #4 — tables and chairs, #5 — barbecue grills; these items would become exempt. Commissioner Galbreath: questioned what the problem is to date — not agreeable to imposing restrictions on what homeowners can put on their rooftop decks — is not in favor of placing restrictions if there has been only Page 9 - Planning Commission 09/05/12 one problem in town — does not see what is improper about having canopies on the rooftop. • Commissioner Massa - Lavitt: agrees with Commissioner Galbreath, government overreacts to a single issue; there is not a propensity of violations; concerned that they are recommending a new ordinance that does not need to be in place. • Commissioner Cummings: inquired how it would affect the property in question should Commission decide to not recommend the proposed ordinance for adoption (it would still be illegal because it did not get a building permit, it is attached to the structure and exceeds the height limit). • Commissioner Everson: questioned what type of language would minimally address the concern of the property in question (Commission would focus on just the canopy issue); wants to ensure that we are addressing the concerns brought by Council. • Commissioner Goldberg: commented that City Council provided direction to Commission to have the discussion and provide them with a recommendation; at a minimum, should propose language for Council to consider; is in favor of limiting the number of standard sized canopies permitted. • Commissioner Massa - Lavitt: reiterated that the direction is to include #3 in the code and refer to collapsible canopy, and limit to that. • Commissioner Everson: suggested including language regarding the size of a canopy — the issue stemmed from the mass of the canopy. The City Attorney said that the canopy issue could be limited by the total square footage cumulatively, and staff can develop that language. Mr. Buhbe was in agreement with limiting the square footage, limiting the number of canopies, and that it was taken down when not in use. Without any objection, Chair Massa - Lavitt continued the public hearing to October 3, 2012. DIRECTOR'S REPORT The Interim Director stated that the canopy at 234 4th Street will be taken down; announced upcoming items on the agenda forecast; announced that the City Council will have a public hearing for the first 3 of the 5 exemption requests for the CUPs for the vacation rentals; building permit has been issued to McDonald's for a remodel (the Senior Planner indicated that McDonald's may apply for a Planned Sign Program). COMMISSION CONCERNS Commissioner Cummings made comments regarding the aesthetics of newly remodeled McDonald's. Commissioner Goldberg inquired about the traffic study that was completed for Shops at Rossmoor, asked that staff provide an update and report back to Commission what the findings were. Page 10 — Planning Commission 09/05/12 ADJOURNMENT Chair Massa - Lavitt adjourned the meeting at 10:15 p.m. Approved: Attest: Chair 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.