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Home My WebLink AboutPC Min 2012-12-19City of Seal Beach - Planning Commission December 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 led the Salute to the Flag. ROLL CALL Present: Chair Massa-Lavift; Commissioners: Cummings, Galbreath, Goldberg Absent: Commissioners: Everson Staff Present: Jim Basham, Director of Community Development Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Linda Devine, City Clerk Cummings moved, second by Goldberg, to excuse Commissioner Everson from the December 19, 2012 Planning Commission meeting. AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt NOES: None ABSENT: Everson Motion Carried APPROVAL OF AGENDA With no objections, Chair Massa-Lavitt so ordered the approval of the agenda as presented. ORAL COMMUNICATIONS Chair Massa-Lavitt opened oral communications. Speakers: There being no speakers, Chair Massa-Lavitt declared oral communications closed. CONSENT CALENDAR Goldberg moved, second by Galbreath, to approve of the recommended actions on the consent calendar as presented. AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt NOES: None ABSENT: Everson Motion Carried 1. Approved Planning Commission Meeting Minutes of November 7, 2012. 3. Adopted Resolution No 12-31, denying CUP 12-20 — 1115 and 11151/2 Ocean Avenue (Vacation Rental). 4. Adopted Resolution No 12-34, denying CUP 12-21 — 247 17th Street (Vacation Rental). Page 2 - Planning Commission 12/19/12 The Assistant City Attorney advised that the adoption of Resolution No. 12-31 denying Conditional Use Permit No. 12-20 and the adoption of Resolution No. 12-34 denying Conditional Use Permit No. 12-21 are the final decisions of the Planning Commission. There is a 10-day appeal period to the City Council and the appeal period begins tomorrow morning, due to the holiday closure of City Hall, the final date for the appeal will be Wednesday, January 2, 2013. SCHEDULED MATTERS No items at this time. 5. Conditional Use Permit 12-12 Property: 1605 Seal Way (Continued from October 3, 2012) Applicants: Frank and Jenny Tomich Owners: Frank and Jenny Tomich Request: For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1605 Seal Way. Recommendation: Approve CUP 12-12, subject to conditions. (Resolution No. 12-22) The Senior Planner stated that subsequent to the agenda being distributed new information was brought to the attention to staff which will change the recommendation and after this information was shared with the owner/applicant, he has requested that the public hearing for CUP 12-12 be continued to a future date in order to address the options to the parking issue. Chair Massa-Lavitt opened the public hearing for those present who received the notice of the public hearing to testify. Speakers: There was 1 speaker opposed to continuing the public hearing; 5 speakers voicing their opposition of the approval of CUP 12-12; and there were no speakers in favor of the approval. Cummings moved, second by Galbreath, to continue the public hearing for CUP 12-12 to a date uncertain. Cummings, Galbreath, Goldberg, Massa-Lavitt None Everson Motion Carried 6. Conditional Use Permit 12-23 Property: 1208 Ocean Avenue Applicant., Kelly Gene Bruce Owner: Kelly Gene Bruce Request: For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 1208 Ocean Avenue. Recommendation: Approve CUP 12-23, subject to conditions. (Resolution No. 12-36) Page 3 - Planning Commission 12/19/12 The Senior Planner provided a brief staff report: The subject property is a legal non-conforming two-story dwelling (the rental is a one bedroom unit over the two single car garages towards the front of the property - 2 single car garages with a setback for 2 additional cars in the driveway), the owners live on the premises, and staff recommends approval subject to conditions. Commission received clarification from staff regarding the parking driveway and the sidewalk. Chair Massa-Lavitt opened the public hearing. Speakers:, Kelly Bruce and Randall Peck, applicant/owners, were present to provide the background for CUP 12-23 and requested that condition 9 be revised to allow 4 guests at one time; and there were two speakers in favor of the approval. Chair Massa-Lavitt closed the public hearing. Commissioner Goldberg also requested that both garages stay clear and available to the renters — there was no consensus. Goldberg moved to approve CUP 12-23 with modifications to condition 9 — "There shall be not more than two (2-) 4 total overnight guests at any one time (2 adults and 2 children under 18 years of age) and in condition 3 strike the words "or property manager' — motion died for a lack of a second. Cummings moved, second by Galbreath, to adopt Resolution No. 12-36 approving CUP 12-23 subject to conditions — revising condition 9 to allow a maximum of 4 guests (2 adults and 2 children under 18 years of age). AYES: Cummings, Galbreath, Goldberg, lflk�-�avftt_ NOES: None ABSENT: Everson Motion Carried The Assistant City Attorney advised that the adoption of Resolution No. 12-36 approving Conditional Use Permit No. 12-23 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, due to the holiday closure of City Hall, the final date for the appeal will be Wednesday, January 2, 2013. The owners requested clarification regarding the number of guests permitted. The Commission stood by their decision. The owner also requested that the fee for filing for a CUP of $1,250 (original fee was $750) be waived and get a refund of $500 — the Chair stated that the Planning Commission does not have the authority and the applicant would need to go before the City Council. The Assistant City Attorney clarified that the citywide fee schedule was adopted that changed several fees and was not just for filing for CUP's. 7. Conditional Use Permit 12-26 Property: 12240 Seal Beach Blvd Applicant. Kohan & Kohan Enterprise Associates, Inc. clo Alcoholic Beverage Consultants Owner. Kohan & Kohan Enterprise Associates Request. For the establishment of a Type 20 (Off -Sale Beer & Wine — Package Store) ABC license, within the General Page 4 - Planning Commission 12/19/12 Commercial (GC) zone at 12240 Seal Beach Boulevard (Mobil Gas Station and Car Wash). Recommendation: Continue to Planning Commission meeting of January 16, 2013. The Senior Planner stated that the applicant needs to provide staff with additional information and the public hearing was continued to January 16, 2013 Planning Commission meeting. Chair Massa-Lavitt opened the public hearing to give anyone present to speak on this matter. Speakers: One speaker inquired is the Rossmoor residents were notified — response: yes. There were no other speakers. Cummings moved, second by Goldberg, to continue CUP 12-26 to the Planning Commission meeting of January 16, 2013. Commissioner Galbreath indicated that he will not be able to attend the January 16th meeting. AYES: Cummings, Galbreath, Goldberg, Massa-Lavitt NOES: None ABSENT: Everson Motion Carried 8. Conditional Use Permit 12-27 Property: 107 Ocean Avenue Applicants: Edward R. Jr. and Susan L. Wassman Owner. Edward R. Jr. and Susan L. Wassman Request: For a Conditional Use Permit (CUP) to allow a short-term vacation rental property within the Residential High Density (RHD-20) zone at 107 Ocean Avenue. Recommendation: Approve CUP 12-27, subject to conditions. (Resolution No. 12-40) The Senior Planner provided a brief staff report: The subject property is a legal two-story single family unit (four bedrooms and attached two car garage with available parking for one car across the back of the garage) and staff recommends approval subject to conditions. Chair Massa-Lavitt opened the public hearing. Speakers: Susan Wassman, applicant/owner, presented the background for the request to approve CUP 12- 27; there were 3 speaker opposing the approval and 2 speakers expressing approval. Chair Massa-Lavitt closed the public hearing. Commission received clarification regarding the availability of the property managers (one lives in Los Alamitos and one lives in El Segundo — the owner lives in Boston). Commissioner Galbreath was concerned that the owner lives in Boston and that the property managers did not appear to be able to respond to concerns within 45 minutes. Cummings moved, second • Goldberg, to adopt Resolution No. 12-40 .?pproving CUP 12-27 subject to conditions. • Page 5 - Planning Commission 12/19112 Cummings, Goldberg, Massa-Lavitt Galbreath Everson The Assistant City Attorney advised that the approval of Resolution No. 12-40 approving Conditional Use Permit No. 12-27 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, due to the holiday closure of City Hall, the final date for the appeal will be Wednesday, January 2, 2013. DIRECTOR'S REPORT The Director of Community Development informed the Commission of upcoming scheduled items; indicated that a summary report from the Director of Public Works was given to the Commission regarding the traffic analysis for the Rossmoor Center — CD's were provided with the full report; and wished everyone a Merry Christmas and happy holidays. COMMISSION CONCERNS Commission received an update on the Rite-Aid building at the Rossmoor Center and inquired about the rezoning for the affordable housing. ADJOURNMENT With no objections, Chair Massa-Lavitt adjourned the Planning Commission meeting at 9:33 p.m. City Clerk Approved: Chair Attest: City- Clerk