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HomeMy WebLinkAbout1 - Approve PC Minutes 2012-10-17City of Seal Beach - Planning Commission October 17, 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 Cummings moved, second by Goldberg, 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. Mike Buhbe, Central Way, indicated that technology for parking control is available that can be used for off street parking for vacation rentals. There being no other speakers, Chair Massa- Lavitt declared oral communications closed. CONSENT CALENDAR 1. Planning Commission Meeting Minutes Goldberg moved, second by Everson, to approve the minutes of Planning Commission Meeting of October 3, 2012. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried SCHEDULED MATTERS There were no matters for consideration at this time. PUBLIC HEARINGS th 2. Conditional Use Permit 12-17 Property: 226 4 Street Applicant: Brent Sears Owners: Bob and Cathy West Page 2 – Planning Commission 10/17/12 Request: For a Conditional Use Permit (CUP) to allow a second floor, detached guest room to a nonconforming property within the Residential High Density (RHD-20) zone at 226 th 4 Street. Recommendation: Approve CUP 12-17, subject to conditions. Commissioner Goldberg recused himself from this item; his residence is within 500 feet of the subject property; and left the Council Chambers at 7:32 p.m. The Senior Planner provided the staff report: An application for a CUP was submitted to allow a guest room and an expansion to a non-conforming single- th family dwelling at 226 4 Street. Chair Massa-Lavitt opened the public hearing. Speakers: Bob West, owner, was present to answer any question and Brent Sears, the owner’s architect, provided the background of the request, stated that the owners have never used the property as a rental property and will not be using it as a rental (used by family members), and agreed to all the conditions of the CUP. There were no other speakers. Chair Massa-Lavitt closed the public hearing. After Commissioners received clarification; Everson moved, second by Galbreath, to adopt Planning Commission Resolution No. 12-28 approving Conditional Use Permit 12-17. AYES: Cummings, Everson, Galbreath, Massa-Lavitt NOES: None ABSTAIN: Goldberg Motion Carried The Assistant City Attorney advised that the approval of Conditional Use Permit 12-17 and adoption of Resolution No. 12-28 begins a 10-day appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. Commissioner Goldberg returned to the Council Chambers at 7:44 p.m. 3. Conditional Use Permit 12-20 Property: 1115 & 1115½ Seal Way Applicant: Alexander Yoffe Owner: 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 & 1115½ Seal Way. Recommendation: Due to an error with the radius map, this project will need to be re-noticed for a future meeting. The Senior Planner announced that Conditional Use Permit 12-20 has been re- th noticed and rescheduled for the November 7 Planning Commission meeting. Page 3 - Planning Commission 10/17/12 4. Conditional Use Permit 12-15 Property: 546 Ocean Avenue Applicant: John Lima Owner: Seal 546, LLC Request: For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential Low Density (RLD-9) zone at 546 Ocean Avenue. Recommendation: Approve CUP 12-15, subject to conditions. The Senior Planner provided the staff report: The subject property is presently a three-level, 5 bedroom, 3½ bathrooms, single-family dwelling with an attached two-car garage with adequate space to park two additional cars within the driveway area – existing vacation rental since 2010 – conditions #6 (shall not rent or lease less than 4 consecutive nights), #8 (maximum of 2 guests per bedroom), and #23 (concerning noise and complaints) of Planning Commission Resolution No. 12-25 were highlighted. Additional letters (5 in opposition and 1 in support) were received and copies were placed at the dais for Planning Commissioners and staff recommends approval subject to conditions. Chair Massa-Lavitt opened the public hearing. Speakers: John Lima, applicant/owner and partner in Seal 546, LLC, expressed that he was not in favor of the CUP process but is willing comply and provided the background regarding the activities at the residences. There were 11 speakers in opposition to the approval of CUP 12-15 and 2 speakers that expressed their concerns. John Lima responded to the concerns expressed by the speakers and further questions by Commissioners. Chair Massa-Lavitt closed the public hearing. Planning Commission concerns and comments: Mixed use of property – private vs. short term rental; CUP only addresses the use as a short term rental of the property and not for private use; Private use activities may be causing the neighbors’ concerns; Intense private use and determining when property is used as rental; How to notify the neighbors when it is used as short-term rental; Condition #2 (not authorized to use as a rental venue for special events); Can only determine if the conditions are enforced if the neighbors call the police of any violations; Owners do not reside at property – can be seen as renters; Intensive use by owners for fund raisers, private parties, and allowing friends, family members, and business clients to stay at the property; and This property is unique in the use and does not seem that the conditions would work. Everson moved, second by Cummings, directing staff to bring a resolution denying CUP 12-15 with findings in support thereof based on the evidence presented to the next Planning Commission meeting. Page 4 – Planning Commission 10/17/12 AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried The Assistant City Attorney stated that there will be no further public hearing on this item and staff will provide a resolution at the next Planning Commission meeting for the Planning Commission to take formal action in denying CUP 12-15 and at that time the Planning Commission decision would be appealable to the City Council. With no objections Chair Massa-Lavitt called for a recess at 9:20 p.m. and reconvened the meeting at 9:25 p.m. 5. 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 of Community Development provided the staff report: The City Council directed the Planning Commission to develop criteria regulating placement of items on residential roof decks – Planning Commission held 2 public hearings – before the Commission is a draft resolution to recommend to the City Council the approval of Zone Text Amendment 12-2 adding language to Section 11.2.05.015.T of the Municipal Code “Roof Decks. Roof Decks are allowed in the residential districts pursuant to Table 11.2.05.015: Development Standards for Residential Districts. Detached canopies are permitted on roof decks provided that canopies greater than 100 square feet in area are permitted only if they are collapsible, and maintained below the height limit when not in use. In addition, all required roof deck railings in accordance with the provisions of the California Building Code shall not exceed the height limit provisions of Table 11.2.05.015. The provisions of Section 11.2.05.015.I: Projections are not applicable to roof decks.” Chair Massa-Lavitt opened the public hearing. Speakers: Mike Buhbe, Central Way, stated there needs to be a limit to the number of canopies allowed and that detached canopies be weighted or tied down as to not blow off the roof deck and th cause harm or damage to any person below; Mark Loopesko, 7 Street, inquired about the number of pop-ups allowed on the roof deck; and George Moreno, Seal Beach, received clarification of “in-use” and their current canopy is 12x12 in size. There were no further speakers – Chair Massa-Lavitt closed the public hearing. After Commission comments the resolution was amended to increase the size of the detached canopies to 150 square feet, and it was determined further language of intent is needed before a recommendation can be sent to the City Council. Page 5 - Planning Commission 10/17/12 Massa-Lavitt moved, second by Cummings, to approve Zone Text Amendment 12-2 regarding residential roof decks with a statement of intent to be included and amend to increase the size of the detached canopies to 150 square feet and direct the Assistant City Attorney to bring back the revised language to the Resolution No. 12-26 and place it on the next Planning Commission consent calendar. AYES: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt NOES: None Motion Carried DIRECTOR’S REPORT The Interim Director stated that an appeal was submitted for the property on 413 Ocean (CUP 12-10 vacation/short-term rental) and will be on the November 13, 2012 City Council agenda; the public hearing on the ordinance prohibiting future vacation/short-term rentals will be on the October 22, 2012 City Council agenda; and the Senior Planner provided an update on up-coming Planning Commission meetings. COMMISSION CONCERNS Commissioner Galbreath inquired about the progress of the Rite Aid store and Chick-Fil-A located at the Rossmoor Center. ADJOURNMENT With no objections, Chair Massa-Lavitt adjourned the Planning Commission meeting at 10:00 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.