HomeMy WebLinkAbout1 - Approve PC Min 2012-09-19City of Seal Beach - Planning Commission
September 19, 2012
Chair Massa-Lavitt called the regular meeting of the Planning Commission to
order at 7:30 p.m. in the City Council Chambers and Commissioner Everson
leading the Salute to the Flag.
ROLL CALL
Present: Chair Massa-Lavitt; Commissioners: Cummings, Everson, Goldberg
Absent: Commissioner Galbreath
Staff Present: Greg Hastings, Interim Director of Community Development
Jerry Olivera, Senior Planner
Quinn Barrow, City Attorney
Linda Devine, City Clerk
Cummings moved, second by Everson, to excuse Commissioner Galbreath from
the September 19, 2012 Planning Commission meeting.
AYES: Cummings, Everson, Goldberg, Massa-Lavitt
NOES: None
ABSENT: Galbreath Motion Carried
APPROVAL OF AGENDA
Cummings moved, second by Everson, to approve the agenda as presented.
AYES: Cummings, Everson, Goldberg, Massa-Lavitt
NOES: None
ABSENT: Galbreath Motion Carried
ORAL COMMUNICATIONS
Chair Massa-Lavitt opened oral communications. Mike Buhbe, Central Way,
spoke in general for all CUP’s for vacation rentals stating there needs to be a
condition that only one car per unit and to identify the temporary vehicle; and
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Street, inquired about the municipal code requiring all
Mark Loopesko, 7
residential housing units have 2 parking spaces and that the vacation rentals only
require one parking space. There being no speakers, Chair Massa-Lavitt
declared oral communications closed.
CONSENT CALENDAR
A memo from the City Clerk was placed at the dais stating Commissioner
Goldberg would like his statement on page 9 of the minutes to read as follows:
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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; prefer limiting the size of standard sized canopies permitted and
not the number of canopies used.
Goldberg moved, second by Cummings, to approve the Planning Commission
Meeting Minutes of September 5, 2012, as corrected.
AYES: Cummings, Everson, Goldberg, Massa-Lavitt
NOES: None
ABSENT: Galbreath Motion Carried
SCHEDULED MATTERS
There were no matters for consideration at this time.
PUBLIC HEARINGS
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1. Conditional Use Permit 12-8 Property: 121 13 Street
Applicants: Janet Conney and Christopher Geier
Owners: Janet Conney and Christopher Geier
Request: For a Conditional Use Permit (CUP) to allow a short-term
vacation rental property within the Residential High Density
(RHD-20) zone.
Recommendation: Approve CUP 12-8, subject to conditions
The Senior Planner provided the staff report: The subject property is a legal,
non-conforming, two-story, attached duplex – non-conforming is due to density (2
units on current lot that would only allow one unit under today’s code) – the front
unit has three bedrooms and the rear unit has two bedrooms - despite the
density non-conformity, the property does meet code requirements for off-street
parking by providing a double-tandem (4-car) garage. Staff recommends
amending condition #6 of the CUP to allow two additional occupants in the front
unit (total of 8 occupants) – adequate parking.
Chair Massa-Lavitt opened the public hearing. Speakers: Janet Conney and
Christopher Geier applicants/owners - provided background information
regarding their existing rental – are amenable with the rules and conditions being
imposed – utilize a detailed contract – have good relationships with their
neighbors – only concern was condition #25 language that “applicant shall
indemnify, defend, and hold harmless the City” (City Attorney stated this is a
standard condition for all CUP’s – applicants receive entitlement); Mike Buhbe,
Central Way, reiterated his concerns with renters off-street parking problem in
Old Town; Nancey Kredell, Seal Way, expressed her opposition to vacation
rentals; Barbara Barton, Ocean Avenue, stated that all CUP’s should not be
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approved for vacation/short term rentals – should only approve long term rentals;
and Janet Conney, applicant, responded to comments made.
Commission Discussion:
Stated concerns with parking (enforcement is a problem – can be
enforced by complaints);
Inquired about the inspection of short term rentals (there is no mechanism
set up for this to be done);
Condition #10 – tandem garage must be clear of all storage and be used
to park 4 cars;
Inquired about the application filing date – past the deadline date (there
was a good faith effort from the applicants);
Condition #15 – pointed out the need to provide phone number of owners
to adjacent neighbors;
Inquired about adding to Condition #25 “reasonable” attorney fees (the
concern is that with this change there is more time spent on litigating the
word “reasonable”); and
This property has adequate parking to allow the additional 2 occupants in
the front unit.
There being no other speakers or Commission comments, Chair Massa-Lavitt
closed the public hearing.
Cummings moved, second by Everson, to adopt Planning Commission
Resolution No. 12-18 approving Conditional Use Permit 12-8, as presented.
AYES: Cummings, Everson, Goldberg, Massa-Lavitt
NOES: None
ABSENT: Galbreath Motion Carried
The City Attorney advised that the approval of Conditional Use Permit 12-8 and
adoption of Resolution No. 12-18 begins a 10-day appeal period to the City
Council. The Commission action tonight is final and the appeal period begins
tomorrow morning.
Conditional Use Permit 12-9 Property: 1616½ Ocean Avenue
2.
Applicant: Donald Marr
Owners: Donald and Carol Marr
Request: For a Conditional Use Permit (CUP) to allow a short-term
vacation rental property within the Residential High Density
(RHD-20) zone.
Recommendation: Approve CUP 12-9, subject to conditions.
The Senior Planner provided the staff report: The subject property is a legal non-
conforming, detached duplex (owner lives on the property – front unit) – non-
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conformity is due to less than code required off-street parking (2 single car
garages currently exist instead of 2 two car garages required under today’s code)
and non-conforming side and rear yard setbacks – the rear rental unit is one
bedroom. Applicant has requested to have two additional occupants – large
living room with pull out couch and adequate parking. The pie shape lot allows
additional parking.
Chair Massa-Lavitt opened the public hearing. Speakers: Donald and Carol Marr,
owners/applicants provided background information regarding their existing
rental – utilize a contract for renters and rent to families – there is ample parking
without parking behind the garages – request to increase the occupancy from 2
to 4 – use both one car garages for themselves; Mike Buhbe, Central Way,
stated his continued concerns with renters off-street parking problem; Nancey
Kredell, Seal Way, reiterated her opposition to vacation rentals; and Janet
Conney, applicant, responded to comments made.
Commission Discussion:
Condition #11 requires one garage and one off-street parking space be
available for renters (staff’s intent was to have one garage available if
renter wanted to park in garage);
Inquired the deadline date (property owners were in the process);
Amend Condition #11 required to keep both garage spaces for cars and
not used for storage and 2 off-street spaces be available for parking; and
Amend Condition #7 to allow 2 adults and up to 3 children, under the age
of 19.
The applicants agreed with the amendments. There being no other speakers or
Commission comments, Chair Massa-Lavitt closed the public hearing.
Everson moved, second by Cummings, to adopt Planning Commission
Resolution No. 12-9 approving Conditional Use Permit 12-9, as amended.
AYES: Cummings, Everson, Goldberg, Massa-Lavitt
NOES: None
ABSENT: Galbreath Motion Carried
The City Attorney advised that the approval of Conditional Use Permit 12-9 and
adoption of Resolution No. 12-19 begins a 10-day appeal period to the City
Council. The Commission action tonight is final and the appeal period begins
tomorrow morning.
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3. Conditional Use Permit 12-16 Property: 246 17 Street
Applicant: Tori Jones
Owner: Greg and Krystal Garza
Request: For a Conditional Use Permit (CUP) to allow an
approximately 633 square foot room addition, an
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approximately 210 square foot roof deck addition, and an
approximately 93 square foot garage addition to an
existing, nonconforming Single Family Dwelling within the
Residential High Density (RHD-20) zone. The property is
nonconforming due to substandard garage space and
substandard garage setbacks.
Recommendation: Approve CUP 12-16, subject to conditions.
Commissioner Everson recused himself from this item due to his residence is
within 500 feet of the subject property and left the Council Chambers at 8:58 p.m.
The Senior Planner provided the staff report: The applicant is proposing to add a
room addition approximately 633 square feet, a roof deck addition approximately
201 square feet, and an addition to the garage approximately 93 square feet to
an existing non-conforming single family dwelling within the residential high
density zone – non-conforming due to detached substandard one car garage
space and substandard garage setbacks – a revised resolution (Condition #2) is
before the Commission and staff recommends adding a condition to expand the
garage interior to accommodate 2 cars and the side yard setback be 3 feet to
comply with the existing code.
Chair Massa-Lavitt opened the public hearing. Speakers: Tori Jones, applicant
and building designer, stated that the additional condition would be a financial
hardship on the owners and would impact the project; Greg Garza owner, would
like to make this project work and would appreciate the Commission consider the
original proposal as first submitted. There being no other speakers, Chair
Massa-Lavitt closed the public hearing.
Commission Discussion:
Inquired if there were any options for the owners in order to not have to
spend the addition money (city attorney – there was nothing that can be
done at this meeting but one possibility is to go through a variance
process);
Unfortunate that this new condition was brought to the attention of the
owner at this late date; and
Commission is unable to waive any fees.
Massa-Lavitt moved, second by Goldberg, to adopt the revised Planning
Commission Resolution No. 12-27 approving Conditional Use Permit 12-16 with
modifications to Condition #2 to include the garage be relocated and the
minimum of 3 foot setbacks on both sides and the modification to finding “C”.
AYES: Cummings, Goldberg, Massa-Lavitt
NOES: None
ABSTAIN: Everson
ABSENT: Galbreath Motion Carried
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The City Attorney advised that the approval of Conditional Use Permit 12-16 and
adoption of Resolution No. 12-27 begins a 10-day appeal period to the City
Council. The Commission action tonight is final and the appeal period begins
tomorrow morning.
Commissioner Everson returned to the Council Chambers at 9:26 p.m.
DIRECTOR’S REPORT
The Interim Director indicated that on the Agenda Forecast Schedule the
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Planning Commission will hold a public hearing on October 3 for the
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vacation/short term rental ordinance and on October 17 a public hearing for the
roof top deck ordinance.
COMMISSION CONCERNS
Commissioner Goldberg inquired again about the traffic study that was done for
the Shops at Rossmoor and asked that staff provide the Commission the
outcome of the study.
ADJOURNMENT
With no objections, Chair Massa-Lavitt adjourned the Planning Commission
meeting at 9:31 p.m.
City Clerk
Approved:
Chair
Attest:
City Clerk