HomeMy WebLinkAboutPC Min 2007-01-17
City of Seal Beach Planning Commission
Agenda for January 17, 2007
7:30 p.m.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. AGENDA APPROVAL
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or
public to request an item be removed from the Consent Calendar for separate
action.
IV. ORAL COMMUNICATIONS
At this time, members of the public may address the Planning Commission
regarding any items within the subject matter jurisdiction of the Planning
Commission, provided that the Planning Commission may undertake no action or
discussion unless otherwise authorized by law.
V. CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and are enacted by
one motion unless prior to enactment, a member of the Planning Commission,
staff, or the public requests a specific item be removed from the Consent Calendar
for separate action.
1. November 2006 Building Activity Report
2. December 2006 Building Activity Report
3. Approve Planning Commission Meeting Minutes of December 6, 2006.
4. Minor Plan Review 06-16
907 Heron Circle
Applicant/Owner:
Creative Custom Pools / Joel & Christi Littleford
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City of Seal Beach Planning Commission . Agenda of January 17, 2007
Request: To install a 6-foot high outdoor gas fireplace, a 30-inch
high BBa and counter structure, and a 6-foot high
waterfall structure within the required 15-foot rear yard
and 5-foot side yard setback areas.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 06-59.
5. Minor Plan Review 07-1
913 Blue Heron
Applicant/Owner: Phillip Mulligan
Request: To install a 9 ft. 10 in. high outdoor gas fireplace within
the required 5-foot side yard setback area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-2.
6. Minor Plan Review 07-2
953 Blue Heron
Applicant/Owner: Eric & Laura Hall
Request: To install a 36inch high barbecue island within the
required 15-foot rear yard 5-foot side yard setback
areas.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-3.
VI. SCHEDULED MATTERS
7. Adoption of Resolution 06-51 Approving Variance 06-5 for 326 16th Street.
VII. PUBLIC HEARING
8. Height Variation 07-1
729 South Shore Drive
Applicant/Owner:
TKR Construction / Billie & Emilio Diaz
Request:
To construct a non-habitable architectural feature in
excess of the 25-foot height limit. Specifically, the
applicant proposes to construct a 5 foot 6 inch by 6-foot
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City of Seal Beach Planning Commission. Agenda of January 17, 2007
elevator enclosure to exceed the height limit by 4 feet; 7
feet is the maximum height variation permitted.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-1.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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Feb 07
Feb 21
Mar 07
Mar 21
Apr04
Apr18
May 09
May 23
Jun 06
Jun 20
Jul04
Jul18
Aug 08
Aug 22
Sep 05
Sep 19
Oct 03
Oct 17
Nov 07
Nov 21
Dec 05
Dec 19
City of Seal Beach Planning Commission · Agenda of January 18, 2006
2007 Aaenda Forecast
CUP 07-1
VAR 07-1
132 13th Street
617 Ocean Avenue
Zoning Code Study Session (Tentative)
Zoning Code Study Session (Tentative)
HOLl DAY - Meeting Cancelled
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of January 17,2007
Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, January 17, 2007. The meeting was
held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Deaton, Commissioners O'Malley, and Roberts.
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Alexander Abbe, Assistant City Attorney
Absent: Commissioners Bello and Ladner
Mr. Whittenberg noted that Commissioner Bello had indicated at the previous meeting
that she would not be present for tonight's meeting, and Commissioner Ladner had
provided notice today that he would not be in attendance tonight due to illness. He
indicated that a motion to excuse would be appropriate.
MOTION by O'Malley; SECOND by Roberts to excuse Commissioners Bello and
Ladner from the Planning Commission meeting of January 17, 2007.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Deaton, O'Malley, and Roberts
None
Bello and Ladner
AGENDA APPROVAL
Mr. Whittenberg noted that Item 8, Height Variation 07-1 for 729 South Shore Drive,
would not be heard tonight as it was incorrectly noticed and has been re-advertised and
rescheduled for the meeting of February 7,2007. He indicated that Staff had mailed the
corrected notice to everyone within the required notification area. He requested that
this item be removed from tonight's agenda.
MOTION by Roberts; SECOND by O'Malley to approve the Agenda as amended.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of January 17, 2007
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Deaton, O'Malley, and Roberts
None
Bello and Ladner
ORAL COMMUNICATIONS
Chairperson Deaton opened oral communications.
Mike Bubbe thanked the Planning Commissioners for their service to the City and spoke
in support of the City ordinance limiting the height of homes within District One (Old
Town) to 25 feet. He said that joining two smaller lots to create one large lot is
occurring more frequently and three story structures are then constructed on these
combined lots. He noted that this caused a loss of sunlight, fresh air, and open space,
and stated that three stories are not necessary to create a family home. He commented
regarding the pending election regarding the issue of allowing three stories and noted
that he and other residents of Seal Beach are organizing in support of the Planning
Commission (PC) decision to ban three story structures.
Mary Lewis spoke in favor of allowing three stories within District One noting that in all
fairness property owners should be able to enhance the value of their property by being
allowed to construct three story homes. She indicated that 10 more feet of structure in
the rear half of a lot would not create any harm.
There being no one else wishing to speak, Chairperson Deaton closed oral
communications.
CONSENT CALENDAR
1. November 2006 Building Activity Report
2. December 2006 Building Activity Report
3. Approve Planning Commission Meeting Minutes of December 6,2006.
4. Minor Plan Review 06-16
907 Heron Circle
Applicant/Owner:
Creative Custom Pools / Joel & Christi Littleford
Request:
To install a 6-foot high outdoor gas fireplace, a 30-inch high
BBa and counter structure, and a 6-foot high waterfall
structure within the required 15-foot rear yard and 5-foot side
yard setback areas.
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City of Seal Beach Planning Commission
Meeting Minutes of January 17, 2007
Recommendation: Approval, subject to conditions, and adoption of Resolution
06-59.
5. Minor Plan Review 07-1
913 Blue Heron
Applicant/Owner: Phillip Mulligan
Request: To install a 9 ft. 10 in. high outdoor gas fireplace within the
required 5-foot side yard setback area.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-2.
6. Minor Plan Review 07-2
953 Blue Heron
Applicant/Owner: Eric & Laura Hall
Request: To install a 36inch high barbecue island within the required
15-foot rear yard 5-foot side yard setback areas.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-3.
Vice-Chairperson Roberts asked if notices had been posted and/or advertised and
mailed as required by law, and has Staff received any communications either in favor or
opposition to any of the above items? Mr. Whittenberg stated that notice was properly
mailed as required by law and Staff has received no communications in opposition to or
in favor of any of these items.
MOTION by O'Malley; SECOND by Roberts to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Deaton, O'Malley, and Roberts
None
Bello and Ladner
Mr. Abbe advised that the adoption of Resolution No. 06-59, 07-2, and 07-3,
respectively, begins a 10-day calendar appeal period to the City Council. The
Commission action tonight is final and the appeal period begins tomorrow morning.
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City of Seal Beach Planning Commission
Meeting Minutes of January 17, 2007
SCHEDULED MATTERS
7. Adoption of Resolution 06-51 Approving Variance 06-5 for 326 16th Street.
Mr. Whittenberg stated that Resolution 06-51 reflects the determinations of the Planning
Commission at its last meeting, and is now presented for adoption. Commissioner
Roberts noted that Staff had adequately captured all discussion items held at the
Planning Commission meeting of December 6, 2006.
MOTION by Roberts; SECOND by O'Malley to approve Variance 06-5 and adopt
Resolution 06-51 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Deaton, O'Malley, and Roberts
None
Bello and Ladner
Mr. Abbe advised that the adoption of Resolution No. 06-51 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
PUBLIC HEARINGS
None.
STAFF CONCERNS
Mr. Whittenberg reported that at its next meeting on Monday, January 22, 2007, City
Council (CC) will be considering scheduling a number of joint study sessions with the
Planning Commission (PC) to begin the informal review of a Preliminary Draft Zoning
Ordinance and Subdivision Code for the City of Seal Beach. He noted that this would
be a complete revision of both documents. He said that assuming CC approves the
recommendations made in the Staff Report, a series of study sessions would then be
scheduled on the following proposed dates, with each meeting beginning at 6:30 p.m.:
February 21,2007 - Regular Planning Commission Meeting date. This meeting
would entail review of the Draft Zoning Ordinance and
Subdivision Code with no public hearing items placed on the
agenda for consideration.
February 26, 2007 - Regular City Council Meeting date. This meeting would entail
review of the Draft Zoning Ordinance and Subdivision Code with
no public hearing items placed on the agenda for consideration.
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City of Seal Beach Planning Commission
Meeting Minutes of January 17, 2007
March 7, 2007 -
Regular Planning Commission Meeting date. This meeting
would entail review of the Draft Zoning Ordinance and
Subdivision Code with no public hearing items placed on the
agenda for consideration.
Mr. Whittenberg noted that copies of the Preliminary Draft Zoning Ordinance and
Subdivision Code would be made available to the public on the City website and at the
local libraries beginning February 5, 2007. He added that the study sessions will be
open to the public to receive comments and suggestions for revisions to this document.
He indicated that after the study sessions are complete, a final draft of the document will
be prepared along with an environmental review document, which will be circulated for
public review, as required by the California Environmental Quality Act (CEQA), and then
public hearings before the PC and CC would be scheduled for final approval of the
document. He stated that the PC public hearings would probably not occur until mid- to
late May 2007, depending upon how many meetings are required to review the final
document.
For the record, Mr. Abbe added that under the Public Records Act, draft copies are not
subject to a public records request and do not have to be disclosed.
CITY ATTORNEY PRESENTATION
9. Public Hearing Notification Requirements
Mr. Abbe provided a PowerPoint presentation on the legal aspects of public hearing
notification. (A copy of this presentation is on file for inspection in the Planning
Department.) He noted that public officials in public government strive to include the
public as much as possible in all decisions, and this is mainly derived from the Due
Process Claus of The Constitution. He stated that this usually comes up a lot with
quasi-judicial decisions like public hearings for use permits, for license revocations, and
terminating or disciplining employees. He explained that the Due Process Clause takes
effect any time a person's property rights are being affected and includes the provision
of reasonable notice and a reasonable opportunity to be heard before an impartial
decision maker. He noted that The Constitution does not state what "reasonable notice"
should be. In looking at whether a city is providing reasonable notice under law, one
must look at statutory laws, which unlike the constitution, do specify certain notice
periods for typical actions taken by a city. He explained that Seal Beach is a Charter
City, which has adopted its own ordinances and charter provisions, and most of the
provisions mirror those indicated by state law. He indicated that in Seal Beach notice of
a public hearing must be published 10 days in advance of a General Plan Amendment
or a Variance or Conditional Use Permits. He noted that the publication requirement
does not exist when adoption of a moratorium on something is necessary, as this would
be considered an "urgent" action. He cited examples for street vacations, which require
a two week notice, and 5 days notice for weed abatements.
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City of Seal Beach Planning Commission
Meeting Minutes of January 17, 2007
1 Mr. Abbe then reviewed the amount of public notice required for Zoning Ordinances as
2 set by the Planning and Zoning Law (adopted 1947), Municipal Code, and Charter as
3 follows:
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5 . 10 days prior to a public hearing before the Planning Commission (PC)
6 . If PC approves the ordinance and it goes on to City Council, 10 days notice prior to a
7 public hearing before the City Council is required.
8 . If City Council votes to adopt the ordinance, the second reading of the ordinance
9 must be held at a meeting to be held at least 5 days after the first meeting.
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11 He noted that after enacting this law the legislature discovered that cities were spending
12 most of their time defending law suits instead of passing laws because it was so easy to
13 make a procedural defect in the noticing and publication requirements. The legislature,
14 therefore, adopted Government Code 9 65010, which was designed to avoid having to
15 hear repeated decisions invalidating local zoning actions due to simple procedural
16 defects. He explained that under this new statute, there was "no presumption that error
17 is prejudicial or that injury was done if error is shown." He stated that now courts will
18 determine whether the ordinance was adopted "in substantial compliance with such
19 essentials," rather than "in strict" compliance. Mr. Abbe then listed 3 factors relevant to
20 whether a court should overturn an ordinance as follows:
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22 1. The error must be "prejudicial."
23 2. The plaintiff must have suffered "substantial injury," and
24 3. Without the error, "a different result would have been probable."
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26 He indicated that all three of these factors must be present to overturn an ordinance
27 based upon a procedural defect, and noted that for an item subject to multiple hearings
28 it would be unlikely that a procedural defect at one of these hearings is going to meet all
29 of this criteria.
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32 COMMISSION CONCERNS
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34 Commissioner Roberts inquired about the proposed tenants for the new Rossmoor
35 Center. Mr. Whittenberg stated that Staff has received no tenant improvement plans for
36 this project, except for California Pizza Kitchen. He noted that the project manager is
37 currently on vacation, but Staff will attempt to acquire an update on tenants as soon as
38 possible.
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40. ADJOURNMENT
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42 Chairperson Deaton adjourned to the next scheduled meeting of February 7, 2007 at
43 8:00 p.m.
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City of Seal Beach Planning Commission
Meeting Minutes of January 17, 2007
Respectfully Submitted,
~~~--
Carmen Alvarez, Executive Sec~tary
Planning Department
APPROVAL
The Commission on February 7, 2007, approved the Minutes of the Planning
Commission Meeting of Wednesday, January 17, 2007. ~ .
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