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Home My WebLink AboutPC Min 2013-02-06 City of Seal Beach - Planning Commission February 6, 2013 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-Lavitt; Commissioners: Campbell, Cummings, Goldberg, Sloan Staff Present: Jim Basham, Director of Community Development Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Linda Devine, City Clerk Director of Community Development introduced and welcomed Steven Sloan, new planning commission representative for Council District One. APPROVAL OF AGENDA Assistant City Attorney indicated that a corrected agenda shows that CUP 12-25 (short term vacation rental) was continued from the January 16th meeting and is a public hearing and at the dais is a copy of an email from the applicant (item 5) requesting CUP 12-26 (off-sale beer and wine) withdrawing their application — this item has been removed from the agenda. Cummings moved, second by Goldberg, to approve the agenda as amended. AYES: Campbell, Cummings, Goldberg, Massa-Lavitt, Sloan 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 Goldberg moved, second by Cummings, to approve the recommended actions on the consent calendar as presented. AYES: Campbell, Cummings, Goldberg, Massa-Lavitt, Sloan NOES: None Motion Carried 1. Approved Planning Commission Meeting Minutes of January 16, 2013. 2. Adopted Resolution No. 12-42; approving Minor Use Permit 12-6 — addition of an open rooftop deck to an existing, non-conforming property at 1608 Ocean Avenue. Page 2 - Planning Commission 02/06/13 The Assistant City Attorney advised that the adoption of Resolution No. 12-42 approving MUP 12-6 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 3. Planning Commission Meetings — Discussion Regarding Changing the Start Times of Meetings. Cummings moved, second by Sloan, directing staff to provide a resolution at the next meeting to amend the Planning Commission Operating Guidelines No. 3 changing the start time of the Planning Commission meetings to 7:00 p.m. AYES: Campbell, Cummings, Goldberg, Massa-Lavitt, Sloan NOES: None Motion Carried PUBLIC HEARINGS 4. Conditional Use Permit 12-25 Property 1205 Seal Way (Continued from January 16, 2013; this item was moved from the Consent Calendar to Public Hearings portion as part of this Corrected Agenda) Applicant: Scherri Pearson Owner: Scherri Pearson Request: For a Conditional Use Permit (CUP) to allow a short term vacation rental property within the Residential High Density (RHD-20) zone at 1205 Seal Way. Recommendation: Approve Conditional Use Permit 12-25, subject to conditions. The Senior Planner provided the background and analysis of the request for CUP 12-25 — staff recommends adoption of Resolution 12-38 approving CUP 12-25. Commissioner Goldberg stated that for the benefit of the 2 new commissioners, he gave a brief background of the previous actions of the Commission regarding the CUP's for short term vacation rentals. Chair Massa-Lavitt opened the public hearing. Speakers: Phil Smith and Scherri Pearson, owners/applicant, presented their case for approval of their request for CUP 12-25 and would like to amend condition number 9 to allow 4 adults. There were no other speakers. Chair Massa-Lavitt closed the public hearing. Staff clarified that the apron space behind the garage is not considered a legal parking space, giving 3 legal parking spaces for this property. The Commission deliberated the request. Staff stated that the conditions in the resolution are for the purpose of short term vacation rental and should remain as presented with the exception of the change to the age of children to 19. Page 3 - Planning Commission 02/06/13 Cummings moved, second by Massa-Lavitt, to adopt Resolution No. 12-38 as amended (Condition No. 9 to change that children under the of 19 instead of 18) approving Condition Use Permit 12-25, subject to conditions. AYES: Campbell, Cummings, Goldberg, Massa-Lavitt, Sloan NOES: None Motion Carried The Assistant City Attorney advised that the adoption of Resolution No. 12-38 approving CUP 12-25 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. 5. Conditional Use Permit 12-26 Property 12240 Seal Beach Blvd. (Continued from January 16, 2012) Applicant: Kohan & Kohan Enterprise Associates, Inc. c% 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 Commercial (GC) zone at 12240 Seal Beach Boulevard (Mobil Gas Station and Car Wash). Recommendation: Deny Conditional Use Permit 12-26. Resolution No. 12-39 Applicant withdrew application. No action taken. 6. Conditional Use Permit 12-12 Property 1605 Seal Way (Continued from October 3, 2012 and December 19, 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: Deny Conditional Use Permit 12-12. Resolution No. 12-22 The Senior Planner provided the staff report: The subject property is a legal non- conforming triplex towards the front of the property (three bedroom unit on the second and third floors and two bedrooms on the ground floor unit) and a detached structure with an owner occupied unit above the two car garage — due to non-conforming rear yard setback there is not adequate space to park a standard size car within the area between the garage and the rear property line — open parking spaces adjacent to the garage would not be unusable for parking if the neighbor constructed a wall between the 2 properties. Staff does not believe the physical layout and dwelling unit concentration of the site is adequate due to lot density and inadequate off-street parking (exists a potential for adverse impact to the surrounding neighborhood) and recommends denial of CUP 12-12. Page 4 - Planning Commission 02/06/13 Chair Massa-Lavitt opened the public hearing. Speakers: James Donovan, legal counsel for applicant, requested this item be continued for 60 days in order to conduct a land survey and to review the issues. The Director of Community Development stated that it would take at least 60 days in order for the land survey to be done and for staff to have time to analyze and review the report to make a recommendation. The Commission expressed that there should be a moratorium on the rental of the units until this item is heard by the Commission. Frank Tomich, applicant/owner, stated he has no problem with the moratorium on the rental of the property. There were 5 speakers in opposition to the request for a continuance and oppose approval of the CUP; and Mr. Tomich made final comments. Massa-Lavitt moved, second by Cummings, to continue this item for 60 days (April 3rd Planning Commission meeting) and place a moratorium on using the property as a short term vacation rental until after the public hearing comes back before the Commission. AYES: Campbell, Cummings, Goldberg, Massa-Lavitt, Sloan NOES: None Motion Carried 7. Conditional Use Permit 13-1 Property 314 16th Street Applicant: Natalie Newburry Owner: Keith and Natalie Newburry Request: For a Conditional Use Permit (CUP) to legalize an existing bedroom attached to a single-family dwelling with a nonconforming rear yard setback within the Residential High Density(RHD-20) zone at 314 16th Street. Recommendation: Approve Conditional Use Permit 13-1, subject to conditions. Resolution No. 13-1 The Interim Assistant Planner provided a brief staff report: The subject property currently has a 257 sq. ft. bedroom that was built without a permit and CUP 13-1 would legalize the addition with conditions (would not anticipate any adverse impacts to the adjacent properties — in compliance with side yard setbacks, building height, and lot coverage requirements) — staff recommends adoption of Resolution 13-1 approving CUP 13-1 subject to conditions. Chair Massa-Lavitt opened the public hearing. Speakers: Natalie Newburry, owner/applicant, was present to answer any questions. There were no other speakers. Chair Massa-Lavitt closed the public hearing. Cummings moved, second by Sloan, to adopt Resolution No. 13-1 approving Condition Use Permit 13-1 subject to conditions. Page 5 - Planning Commission 02/06/13 AYES: Campbell, Cummings, Goldberg, Massa-Lavitt, Sloan NOES: None Motion Carried The Assistant City Attorney advised that the adoption of Resolution No. 13-1 approving CUP 13-1 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. DIRECTOR'S REPORT The Director of Community Development announced that the AdHoc General Plan/Local Coastal Program Citizens Advisory Committee will be meeting on February 12, 2013 to discuss and review text amendments as part of the implementation of the 2008-2014 Housing Element and provided an update on the Rite-Aid building located in the Shops at Rossmoor. COMMISSION CONCERNS Commissioner Goldberg requested the materials distributed to the AdHoc Committee. ADJOURNMENT With no objections, Chair Massa-Lavitt adjourned the Planning Commission meeting at 9:12 p.m. ; I .'IAA. • ./A .I/ 1 City Clerk Approved: /)A44t / //i / Chair Attest: d-- /V( l(, City Clerk Seal Beach California February 20, 2013 The regular Planning Commission meeting scheduled for this date was cancelled due to the lack of business items in need of consideration and by action of the City Clerk adjourned to March 6, 2013 to m t at 7:30 p . v'l , & Cit Clerk City of Seal Beach