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HomeMy WebLinkAbout1 - Approve PC Minutes 2012-11-07City of Seal Beach - Planning Commission November 7, 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 lead the Salute to the Flag. ROLL CALL 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 Linda Devine, City Clerk APPROVAL OF AGENDA Commissioner Everson requested that the agenda be reordered to have item 7 be considered before item 6. With no objections, Chair Massa-Lavitt so ordered the approval of the agenda as amended. ORAL COMMUNICATIONS Chair Massa-Lavitt opened oral communications. Speakers: Mike Buhbe, Central Way, indicated the Triathlon special event was successful with minimal impact on parking and expressed that summer rentals do have impacts on parking in Old Town. There being no other speakers, Chair Massa-Lavitt declared oral communications closed. CONSENT CALENDAR Cummings moved, second by Galbreath, to approve the recommended actions on the consent calendar as presented except for item 3, pulled by Everson for separate consideration. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried 1. Approved the Planning Commission Meeting Minutes of October 17, 2012. 2. Received and filed the update of City Council action on Zone Text Amendment No. 12-3 (Ordinance No. 1624 - establishment of new short- term vacation rentals). Page 2 – Planning Commission 11/07/12 ITEMS REMOVED FROM CONSENT CALENDAR ITEM “3” / RESOLUTION NO. 12-25 / DENYING CONDITIONAL USE PERMIT (CUP) 12-15 The Assistant City Attorney provided a brief background and clarification on the findings in the resolution. Commissioners Everson and Goldberg recommended Section 3.b. the following amendments to the resolution: The site is not physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints because neighboring residences are so close that there can be no effective buffer for the sort of noise and other land use impacts created by short term occupancy., and because there is inadequate off-street parking on the site to accommodate the Section 2.e. number of persons who may rent the home at a given time.; and The owners have had a business license for short term vacation rentals at the property since December 2010. Since then, Section 2.f. Planning staff and the Seal Beach Police Department have received complaints about excessive noise at the subject property on weekends and weeknights caused by people using the pool and socializing in the backyard. The Seal Beach Police Department has also responded to at least one complaint of excessive noise at the property within the past 60 days. f. Section 2.g. Neighboring residents have complained that people using the house often stay out in the backyard at late hours any given day of the week and that this is incompatible with the neighboring residential uses, which are home to children and to adults who generally work during the week. They have also complained that the intense use of the subject property by transient visitors and guests has created negative on-street parking impacts for full-time residents. Goldberg moved, second by Everson, to adopt as amended Resolution No. 12- 25 denying Conditional Use Permit 12-15 for a short term vacation rental at 546 Ocean Avenue, Seal Beach. (the public hearing was held on October 17, 2012) AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried The Assistant City Attorney advised that the approval of Resolution No. 12-25 denying Conditional Use Permit 12-15 is the final decision of the Planning Commission. There is a 10-day appeal period to the City Council and the appeal period begins tomorrow morning. SCHEDULED MATTERS 4. Zone Text Amendment 12-2 – Residential Roof Decks (Citywide) The Interim Director of Community Development stated that Resolution No. 12- 26 was brought back at the request of the Planning Commission with the recommended changes from the last meeting – Section 2.D. – increase the size Page 3 - Planning Commission 11/07/12 from 100 square feet to 150 square feet; and include in the Municipal Code a statement of intent to read as follows, “The purpose of this requirement is to allow the placement of furniture, umbrellas, and other items on roof decks while prohibiting the installation or maintenance of large canopies that would unreasonably block light and views.” Commissioner Goldberg recommended an amendment to the statement of intent to address the creation of “mass” – replacing the word “and” with “or” (block light and or views;) and adding the language to the end of the statement “or increase the visual mass of the residential structure.” Goldberg moved, second by Cummings, approving as amended Resolution No. 12-26 recommending that the City Council adopt an ordinance approving Zone Text Amendment 12-2. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried PUBLIC HEARINGS Commissioner Everson recused himself from agenda item “5” – Minor Use Permit 12-5 and reordered agenda item “6” – Conditional Use Permit 12-21 due to his residence being within 500 feet of both properties; and left the Council Chambers at 7:54 p.m. th 5. Minor Use Permit 12-5 Property: 213 15 Street Applicants: Gerald and Melody Costello Owner: Gerald A. Costello Request: For a Minor Use Permit (MUP) to construct a 17’x20’ solid roof patio cover within an existing, nonconforming single- family property. Recommendation: Approve MUP 12-5, subject to conditions. The Senior Planner provided the staff report: stating the subject property is a non-conforming multi-family (duplex) property not a single-family property; the request is for a solid roof patio cover; and staff recommends the approval subject to conditions. Chair Massa-Lavitt opened the public hearing. Speakers: Gerald and Melody Costello, owner/applicant, provided the background on their request and their contractor was present to provide the details of the structure. There were no other speakers. Chair Massa-Lavitt closed the public hearing. The Planning Commission received clarification from the owner and staff. Cummings moved, second by Galbreath, to adopt Resolution No. 12-33 approving MUP 12-5 subject to conditions. Page 4 – Planning Commission 11/07/12 AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt NOES: None ABSTAIN: Everson Motion Carried The Assistant City Attorney advised that the approval of Resolution No. 12-33 approving Minor Use Permit 12-5 is the final decision of the Planning Commission. There is a 10-day appeal period to the City Council and the appeal period begins tomorrow morning. th Conditional Use Permit 12-21 Property: 247 17 Street 6. Applicants: Robert and Nancy Beck Owners: Robert and Nancy Beck Request: For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density th (RHD-20) zone at 247 17 Street. Recommendation: Approve CUP 12-21, subject to conditions. The Senior Planner provided the staff report: The subject property is a legal non- conforming two-story duplex; 2 single car garages; downstairs dwelling unit consists of 2 bedrooms and one bathroom; the upstairs dwelling consists of 3 bedrooms and 2 bathrooms; staff received 2 letters of opposition; and staff recommends approval of the CUP subject to the conditions. Chair Massa-Lavitt opened the public hearing. Speakers: Robert and Nancy Beck, owner/applicants, provided background information regarding the CUP and expressed their opposition to the condition about occupancy limits (recommends stating “reasonable” instead of a specific number) and the inconsistency with no limits if renting longer than 29 days, and have a back-up property manager. There were 12 speakers stating opposition and no speakers were present to voice support. Commissioner Goldberg requested a recess and asked if staff would provide the Commission a map that shows the locations of the approved vacation rentals. Chair Massa-Lavitt stated her concern regarding the police call reports not being accurate. Goldberg moved, second by Galbreath, to continue the public hearing to th December 5 meeting and direct staff to provide a map showing all the vacation rentals that have been approved and those applications still not agendized. AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt NOES: None ABSTAIN: Everson Motion Carried With no objections, Chair Massa-Lavitt called for a recess at 9:10 p.m. and reconvened the meeting at 9:20 p.m. Commissioner Everson returned to the City Council Chambers. Page 5 - Planning Commission 11/07/12 7. Conditional Use Permit 12-20 Property: 1115 & 1115½ Seal Way Applicant: Alexander Yoffe Owners: Harold B. Rothman Request: For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1115 and 1115½ Seal Way. Recommendation: Approve CUP 12-20, subject to conditions. The Senior Planner provided the staff report: The subject property is legal non- conforming duplex property; both units consist of 3 bedrooms; one letter of opposition was submitted; and staff recommends approval subject to conditions. Chair Massa-Lavitt opened the public hearing. Speakers: Alexander Yoffe, applicant, was present to provide the background information on behalf of the property owner and ensured the Commission that there is a full staff of people that deal with this property. There were 5 speakers in opposition and no speakers in favor of the CUP. Planning Commission received clarification from the applicant. Cummings moved, second by Everson, to continue the public hearing to th December 5. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried 8. Conditional Use Permit 12-22 Property: 1310 & 1310½ Ocean Ave Applicants: Robert and Nancy Beck Owners: Robert and Nancy Beck Request: For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1310 and 1310½ Ocean Avenue. Recommendation: Approve CUP 12-22, subject to conditions. The Senior Planner provided the staff report: The subject property is legal non- conforming single story duplex dwelling (2 units on the lot both have one bedroom and one bathroom and a shared outdoor patio); detached 2 car garage with off street space in the rear alley; and staff recommends approval subject to conditions. Chair Massa-Lavitt opened the public hearing. Speakers: No speakers at this time. Cummings moved, second by Goldberg, to continue the public hearing to th December 5. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried Page 6 – Planning Commission 11/07/12 th 9. Conditional Use Permit 12-18 Property: 128 8 Street Applicant: Pamela Edson Owner: Pamela Edson Request: For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density th (RHD-20) zone at 128 8 Street. Recommendation: Continue to Planning Commission meeting of December 5, 2012. The Senior Planner announced that Conditional Use Permit 12-18 needs to be continued. Goldberg moved, second by Galbreath, to continue the public hearing th to December 5. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried DIRECTOR’S REPORT The Interim Director indicated that the Commission has received copies of the 2013 calendar of Commission Meeting dates for their review and stated that there are applications for this year pending for Commission consideration. With no objections, Chair Massa-Lavitt so ordered that the Planning Commission th schedule to meet on Wednesday, December 19 to consider the pending applications/items. The new Director of Community Development is Jim Basham rd and he will start December 3 and the job description for an Assistant Planner will be going for Council approval. COMMISSION CONCERNS Commissioner Goldberg inquired if the Commission can have a special meeting other than on a Wednesday in order to hear the outstanding CUP applications – changing the dates can be problematic for staff, noticing, and residents. Chair Massa-Lavitt and Commissioners thanked and commended Greg Hastings, Interim Director, for an outstanding job as an interim. ADJOURNMENT With no objections, Chair Massa-Lavitt adjourned the Planning Commission meeting at 10:04 p.m. City Clerk Approved: Chair Attest: 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.