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HomeMy WebLinkAboutItem 1PLANNING COMMISSION STAFF REPORT TO: Planning Commission ITEM NUMBER FROM: Interim Director of Community Development MEETING DATE: NOVEMBER 6, 2017 SUBJECT: APPROVAL OF MINUTES E RECOMMENDATION: Approve the minutes for the Planning Commission meeting held on October 2, 2017 Prepared by: .96 uo)�� Robin Roberts City Clerk Attachment: 1. Minutes Approved by: �!/ci � oil •/ i in �- - •• City of Seal Beach — Planning Commission October 02, 2017 Chair Machen called the regular meeting of the Planning Commission to order at 7:01 p.m. in the City Council Chambers, and initiated a moment of silence in remembrance of those affected by recent tragedies. Commissioner Klinger led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Machen, Campbell, Klinger, Thomas, Aguilar Absent: Commissioners: None Staff Present: Amy Greyson, Assistant City Attorney Crystal Landavazo, Interim Community Development Director Steven Fowler, Assistant Planner Robin L. Roberts, City Clerk APPROVAL OF AGENDA Motion by Campbell, second by Aguilar, to approve Agenda. AYES: Machen, Thomas, Klinger, Aguilar, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Machen opened oral communications. Speakers: None. CONSENT CALENDAR 1. Approval of Planning Commission Meeting minutes from August 21, 2017. Motion by Aguilar, second by Klinger, to approve items on Consent Calendar, noting that Campbell and Machen abstained. AYES: Thomas, Klinger, Aguilar NOES: None ABSENT: None ABSTAIN: Machen, Campbell Motion Carried CONTINUED ITEMS There were no continued items. SCHEDULED MATTERS There were no scheduled matters. NEW BUSINESS 2. Minor Use Permit (MUP) 17 -11 2920 Westminster Avenue Applicant: FF Management c/o Scott Levitt Request: Request for a Minor Use Permit (MUP) 17 -11 to allow the 24 hour operation of a 5,700 sq. ft. fitness center within an existing shopping center in the General Commercial (GC) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No.17 -22, APPROVING Minor Use Permit 17 -11 with Conditions. Commissioner Aguilar disclosed that he is a member of the fitness center and would need to recuse himself from the hearing and vote. Commissioner Aguilar then left the room. Assistant Planner Fowler provided a comprehensive staff report and noted that no complaints from the public have been received regarding this project. Assistant Planner Fowler clarified for Commissioner Klinger that the site has security cameras, an alarm system, and entrances which are opened by key card. Commissioner Campbell asked for clarification regarding the combined parking needs of the current businesses in the shopping center. Assistant Planner Fowler noted that the center meets the parking requirements in the municipal code with one parking spot left over. Commissioner Campbell stated that approval of this particular project would not be precedent- setting. Commissioner Klinger asked if there were other businesses in the area that are open 24 hours a day. Assistant Planner Fowler replied that the Denny's and the adjacent hotel are probably open 24 hours a day. Assistant Planner Fowler clarified for Chair Machen that there have been no complaints submitted regarding this project. Chair Machen opened the public hearing. Scott Levitt spoke on behalf of the applicant, stating that there had been no changes to the business in terms of square footage or operations. Scott Ferguson, applicant, described the security system at the facility. Commissioner Klinger asked if there was a patrol for the facility. The applicant stated that there was no private security detail, but said that the police department does patrol the area. Seth Eaker spoke in favor of the project. Assistant Attorney Greyson clarified for the Commission that Condition Five (5) regarding noise, as listed in the staff report, is simply reiterating compliance with the code. Chair Machen closed the public hearing. Thomas moved, second by Campbell, to adopt Resolution No.17 -22, approving Minor Use Permit 17 -11 with conditions. AYES: Machen, Thomas, Klinger, Campbell NOES: None ABSENT: None ABSTAIN: Aguilar Motion Carried Commissioner Aguilar returned to the dais. 3. Conditional Use Permit (CUP) 17 -6 1306 th Street Applicant: John & Gail Wright Request: Request for a Conditional Use Permit (CUP) 17 -6 to allow a 311 sq. ft. first floor addition and a 494 sq. ft. second floor addition to allow a new bedroom and bathroom to an (E) SFR along with a 316 sq. ft. garage addition, on a nonconforming property in the Residential High Density (RHD -20) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 17 -23, APPROVING Conditional Use Permit 17 -6 with Conditions. Assistant Planner Fowler provided a comprehensive staff report and noted that no correspondence has been received regarding this project. Assistant Planner Fowler explained to Commissioner Campbell the front yard and side yard setback requirements per the municipal code. He also noted that the maximum lot coverage would not be exceeded with the approval of this project. Assistant Planner Fowler clarified for Commissioner Klinger that this would continue to be a single - family residence. Commissioner Aguilar questioned if the deck on the second story would violate the privacy of any neighboring facilities. Interim Director Landavazo noted that such an analysis was not required by the municipal code, but that notifications had been sent to neighboring properties within a 500 foot radius. Chair Machen opened the public hearing. John Wright, applicant, stated that he was available to answer any questions from the Commission. Joyce Ross - Parque spoke in support of the project. As there were no further requests to speak, Chair Machen closed the public hearing. Campbell moved, second by Aguilar, to adopt Resolution No. 17 -23, approving Conditional Use Permit 17 -6 with Conditions. AYES: Machen, Thomas, Klinger, Aguilar, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried Assistant Attorney Greyson noted that the ten -day appeal period starts tomorrow. 4. Variance (VAR) 17 -1 15612 th Street Applicant: Patrick & Romy Mahoney Request: Request for a Variance (VAR) 17 -1 to allow a 71 sq. ft. addition of habitable space, for a new bathroom and closet, to an existing duplex, on a nonconforming property in the Residential High Density (RHD -20) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 17 -24, DENYING Variance 17 -1. Assistant Planner Fowler provided a comprehensive staff report, and noted that one person had voiced opposition to the project. Assistant Attorney Greyson clarified for Vice Chair Thomas the process by which variances are granted. Assistant Planner Fowler answered questions related to the property's setbacks for Commissioner Aguilar. Chair Machen asked if approving this variance would imply that such variances were acceptable for other properties, and noted that she has received multiple calls from residents asking about similar projects. Assistant Attorney Greyson responded that variances are not typically used for projects like this, as the municipal code does not allow for approval under these circumstances. Interim Director Landavazo clarified for Vice Chair Thomas that the applicant was previously told the municipal code does not allow for approval of this project, but stated that the resident wanted to have this item heard before the Planning Commission. Commissioner Campbell commented that this particular property had already been maximized. Chair Machen opened the public hearing. Joyce Ross - Parque, on behalf of the applicant, stated that it was time for the municipal code to change. Chair Machen noted that the creation of a hardship is one of the findings required for approval, and asked Ms. Ross - Parque if denial of the appeal would create such a hardship. Ms. Ross - Parque stated that there were differences between city and state codes, and specifically mentioned issues related to parking. Chair Machen stated that the issue at hand is related to density, not parking. Interim Director Landavazo and Assistant Planner Fowler provided clarification for Commission Aguilar regarding the proposed changes to the property. Commissioner Campbell asked Ms. Ross - Parque if she could instead add a closet to an existing bedroom. Ms. Ross - Parque stated that she believed the property was smaller than 1200 square feet. Chair Machen closed the public hearing. Vice Chair Thomas stated that he feels this project appears to be reasonable, but noted that the Commission does not determine the municipal code, and can only approve the project if it makes the required findings. He stated that there should be a way to deal with these projects on a more personal level in Seal Beach. Chair Machen noted that such an approach might create a problem in Old Town, and stated there had been multiple requests by other residents for similar projects. Assistant Attorney Greyson stated that for purposes of the application, a variance requires certain findings per the municipal code. Commissioner Aguilar stated that, despite the municipal code, he does not feel someone should be denied the basic necessities for a bedroom. Commissioner Campbell noted that a room would need to have a closet to be considered a bedroom. Commissioner Aguilar stated this property appears to be a very large one - bedroom. Assistant Attorney Greyson stated that the application presents the unit as a two- bedroom house, and noted that the task of the Commission is determine whether the required findings can be made for variance approval. Klinger moved, second by Campbell, to adopt Resolution No. 17 -24, denying Variance 17- 1. AYES: Thomas, Klinger, Campbell, Machen NOES: Aguilar ABSENT: None ABSTAIN: None Motion Carried Assistant Attorney Greyson noted that the ten -day appeal period starts tomorrow. PUBLIC HEARINGS There were no public hearing items. DIRECTOR'S REPORT There were no items to report. COMMISSION CONCERNS Interim Director Landavazo noted to Vice Chair Thomas that the next Planning Commission meeting would be cancelled. Commissioner Campbell reiterated the importance of the moment of silence held for those affected by recent tragedies and natural disasters. Vice Chair Thomas reminded everyone to update their earthquake kits. ADJOURNMENT Chair Machen adjourned the Planning Commission meeting at 8:12 p.m. to Monday, November 6, 2017 at 7:00 p.m. Approved: Attest: Deb Machen, Chair Robin L. Roberts, City Clerk Robin L. Roberts, City Clerk