HomeMy WebLinkAboutPC Agenda Packet_09172018CITY OF SEAL BEACH
PLANNING COMMISSION AGENDA
Monday,September 17,2018 —7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach,CA 90740
District 1 —Victor Grgas
District 2 —Robert Aguilar
District 3 —Michael Thomas,Chair
District 4 —Patty Campbell
District 5 —Mariann Klinger -Vice-Chair
Department of Community Development
Crystal Landavazo,Interim Director
Steven Fowler,Assistant Planner
Amy Greyson,Assistant City Attorney
•City Hall office hours are 8:00 a.m.to 5:00 p.m.Monday through Friday.Closed noon
to 1:00 p.m.
•The City of Seal Beach complies with the Americans with Disabilities Act.If you need
assistance to attend this meeting please telephone the City Clerk's Office at least 48
hours in advance of the meeting at (562)431-2527.
•Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's
website (www.sealbeachca.gov).Check the SBTV3 schedule for rebroadcast of meeting
—meetings are available on-demand on the website.
•DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a
cost of $15 per DVD.Telephone:(562)596 -1404.
•Copies of staff reports and/or written materials on each agenda item are available for
public inspection in City libraries or on the City website
at:http://sealbeachca.suiteonemedia.com/web/home.aspx
PLANNING COMMISSION AGENDA INFORMATION SHEET
The following is a brief explanation of the Planning Commission agenda
structure:
AGENDA APPROVAL:The Planning Commission may wish to change the order of
the items on the agenda.
ORAL COMMUNICATIONS:Anyone wishing to address the Planning Commission on
tonight's agenda may do so during this time period.The Planning Commission may
also allow the public to address any other matters within the subject matter jurisdiction
of the Planning Commission.No action can be taken by the Planning Commission on
these communications on this date,unless agendized.
CONSENT CALENDAR:Consent Calendar items are considered routine items that
normally do not require separate consideration.The Planning Commission may make
one motion for approval of all the items listed on the Consent Calendar.
DIRECTOR'S REPORT:Updates and reports from the Director of Community
Development (Planning and Building Divisions)are presented for information to the
Planning Commission and the public.
COMMISSION CONCERNS:Items of concern are presented by the Planning
Commissioners and discussed with staff.
SCHEDULED MATTERS:These items are considered by the Planning Commission
separately and require separate motions.These transactions are considered
administrative and public testimony is not heard.
PUBLIC HEARING ITEMS:Public Hearings allow citizens the opportunity to speak in
favor of or against agendized items.More detailed information is found in the actual
agenda attached.If you have documents to distribute,you should have enough copies
for all Planning Commissioners,City staff,and the public.Please give one to the
secretary for the City files.The documents become part of the public record and will
not be returned.
All proceedings are recorded.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
By Motion of the Planning Commission this is the time to notify the public of any changes to the
agenda,re-arrange the order of the agenda,and provide an opportunity for any member of the
Planning Commission or staff to request an item be removed from the Consent Calendar for
separate action.
ORAL COMMUNICATIONS
At this time members of the public may address the Planning Commission regarding any items
within the subject matter jurisdiction of the Commission.Pursuant to the Brown Act,the Commission
cannot discuss or take action on any items not on the agenda unless authorized by law.Those
members of the public wishing to speak are asked to come forward to the microphone and state
their name for the record.All speakers will be limited to a period of 5 minutes.
CONSENT CALENDAR
1.Approval of July 16,2018 Minutes
CONTINUED ITEMS
SCHEDULED MATTERS
NEW BUSINESS
2.MINOR USE PERMIT 18-4
1524 Marine Avenue
Applicant:Mark Bennett
Request:Request for a Minor Use Permit to allow the conversion of a window
on the first floor to a sliding door and replace balcony railings at an apartment
building that is nonconforming due to parking,density and setbacks located in
the Residential High Density (RHD-20)zoned area.
Recommendation:After conducting the Public Hearing,staff recommends
that the Planning Commission adopt Resolution No.18-15,APPROVING
Minor Use Permit 18-4 with Conditions.
3.MINOR USE PERMIT 18-6
1011 Ocean Avenue
Applicant:David Arnold &Kenneth Greenberg
Request:Request for a Minor Use Permit to allow an alteration of exterior
doors and the conversion of two windows on the first floor to doors and
replace balcony railings at an apartment building that is nonconforming due to
density and setbacks located in the Residential High Density (RHD-20)zoned
area.
Recommendation:
After conducting the Public Meeting staff recommends that the Planning
Commission adopt Resolution No.18-16,APPROVING Minor Use Permit 18-6
with Conditions.
4.MINOR USE PERMIT 18-7
632 Sandpiper
Applicant:Rebecca Croff
Request:Request for a Minor Use Permit to allow an alteration of less than
25%of interior walls to remodel the bathrooms and kitchen at a residence
that is nonconforming due to setbacks located in the Residential Low Density
(RLD-9)zoned area.
Recommendation:
After conducting the Public Meeting,staff recommends that the Planning
Commission adopt Resolution No.18-17,APPROVING Minor Use Permit 18-7
with Conditions.
PUBLIC HEARINGS
5.CONDITIONAL USE PERMIT 18-7
640 Taper Drive
Applicant:Jesus Rivas
Request:Request for a Conditional Use Permit to allow an interior remodel
and the addition to the 2nd story of an existing residence on a property that is
nonconforming due to setbacks in the Residential Low Density (RLD-9)
zoning area.
Recommendation:
After conducting the Public Meeting,staff recommends that the Planning
Commission adopt Resolution No.18-18,APPROVING Conditional Use Permit
18-7 with Conditions.
DIRECTOR'S REPORT
COMMISSION CONCERNS
ADJOURNMENT
Adjourn the Planning Commission to Monday,October 1,2018 at 7:00 p.m.
PLANNING COMMISSION
STAFF REPORT
DATE:September 4, 2018
TO:Planning Commission
THRU:Robin Roberts, City Clerk
FROM:Crystal Landavazo, Interim Community Development
Director
SUBJECT:Approval of July 16, 2018 Minutes
RECOMMENDATION:Approve the minutes for the Planning Commission meeting
held on July 16, 2018
Prepared by: Approved by:
Robin L. Roberts Crystal Landavazo__________________
Robin Roberts Crystal Landavazo
City Clerk Interim Director of Community Development
Attachment:
1. Minutes
City of Seal Beach – Planning Commission
July 16, 2018
Chair Thomas called the regular meeting of the Planning Commission to order at 7:00 p.m.
in the City Council Chambers. Commissioner Aguilar led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners: Campbell, Grgas, Thomas, Aguilar
Absent: Klinger
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 Grgas, second by Campbell, to approve Agenda.
AYES: Aguilar, Campbell, Grgas, Thomas
NOES: None
ABSENT: Klinger
ABSTAIN: None
Motion Carried
ORAL COMMUNICATIONS
Chair Thomas opened oral communications. Speakers: Seth Eaker spoke regarding the
upcoming Fish Fry and indicated that the Seal Beach Lions had an opportunity to go to Las
Vegas representing the largest club in the western hemisphere. Additionally, he spoke in
favor of Minor User Permit 18-5. Jeffery Blancq was introduced by Seth Eaker, as the new
chairman for the Government Affairs Committee for the Seal Beach Chamber of
Commerce. Chair Thomas closed oral communications.
CONSENT CALENDAR
1. Approval of Planning Commission meeting minutes from June 18, 2018
Motion by Campbell, second by Aguilar, to approve items on Consent Calendar.
AYES: Aguilar, Campbell, Grgas, Thomas
NOES: None
ABSENT: Klinger
ABSTAIN: None
Motion Carried
SCHEDULED MATTERS
There were no scheduled matters.
CONTINUED ITEMS
There were no continued items.
NEW BUSINESS
2.Minor Use Permit (MUP) 18-5
211 3rd Street
Applicant:Green's Construction Consulting and Design
Request:Request for a Minor Use Permit to allow the addition of a
glass door and a front porch across the entire front of an
existing residence that is nonconforming due to setbacks,
density and parking located in the Residential High Density
(RHD-20) zoned area.
Recommendation:After conducting the Public Hearing, staff recommends that
the Planning Commission adopt Resolution No. 18-8,
APPROVING Minor Use Permit 18-5 with Conditions.
Assistant Planner Steve Fowler provided a comprehensive staff report and indicated no
correspondence was received regarding the project.
Commissioner Campbell indicated there needed to be a correction to Item B of the
Resolution in reference to the beach being located to the south. Steve Fowler indicated
the verbiage should read, surrounded by residential uses.
Chair Thomas opened the public hearing. Speakers: Seth Eaker spoke in favor of
MUP 18-5. Chair Thomas closed public comment.
Aguilar moved, second by Campbell, to adopt Resolution No.18-8, APPROVING Minor
Use Permit 18-5 with Conditions and the correction noted above.
AYES: Aguilar, Campbell, Grgas, Thomas
NOES: None
ABSENT: Klinger
ABSTAIN: None
Motion Carried
Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow.
PUBLIC HEARINGS
3.Conditional Use Permit (CUP) 18-3
215 Ocean Avenue
Applicant:Paul Masoner
Request:Request for a Conditional Use Permit to allow the addition of
a 117 square feet closet to an existing single-family
residence, on a property that is nonconforming due to
setbacks in the Residential High Density (RHD-20) zoning
area.
Recommendation:After conducting the Public Hearing, staff recommends that
the Planning Commission adopt Resolution No. 18-9,
APPROVING Conditional Use Permit 18-3 with Conditions.
Assistant Planner Steve Fowler provided a comprehensive staff report and indicated no
correspondence was received regarding the project.
Chair Thomas opened the public hearing. Speakers: Seth Eaker spoke in favor of CUP 18-
3. Chair Thomas closed public comment.
Aguilar inquired whether there were windows in the closet.
Campbell moved, second by Aguilar, to adopt Resolution No.18-9, APPROVING
Conditional Use Permit 18-3 with Conditions.
AYES: Aguilar, Campbell, Grgas, Thomas
NOES: None
ABSENT: Klinger
ABSTAIN: None
Motion Carried
Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow.
4.Conditional Use Permit (CUP) 18-4
133 11th Street
Applicant:Keith Moore
Request:Request for a Conditional Use Permit (CUP) 18-4 to allow
the addition of a front porch across the entire front of the
existing single-family residence located in the Residential
High Density (RHD-20)) zoning area.
Recommendation:After conducting the Public Hearing, staff recommends that
the Planning Commission adopt Resolution No.18-10,
APPROVING Conditional Use Permit 18-4 with Conditions.
Assistant Planner Steve Fowler provided a comprehensive staff report and indicated no
correspondence was received regarding the project.
In response to Chair Thomas’ inquiry, staff clarified that this property was non-conforming
due to three factors; the setbacks and parking; however, only nonconformity that remains
is a 5 inch deficiency on one side of the setback.
Commission Grgas inquired about prior authorization for tandem parking in residential
areas. Additionally, he indicated he supports this proposal and gives kuddos for those
adding additional off street parking.
Commissioner Campbell inquired about new construction setbacks and clarified it will now
be brought into conformity.
Chair Thomas opened the public hearing. Speakers: Keith Moore spoke on behalf of the
owner indicating he appreciates staff’s help with the process. Seth Eaker spoke in support
of the project and the front porch feel. Chair Thomas closed public comment.
Grgas moved, second by Campbell, to adopt Resolution No.18-10, APPROVING
Conditional Use Permit 18-4 with Conditions.
AYES: Aguilar, Campbell, Grgas, Thomas
NOES: None
ABSENT: Klinger
ABSTAIN: None
Motion Carried
Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow.
DIRECTOR’S REPORT
Interim Director Landavazo had no comments.
COMMISSION CONCERNS
Commission Campbell invited the community to participate in the August 11, 2018 Kids
Swap Meet in College Park East.
ADJOURNMENT
Chair Thomas adjourned the Planning Commission meeting at 7:27 p.m. to Monday,
August 6, 2018 at 7:00 p.m.
___________________________
Robin L. Roberts, City Clerk
Approved: _______________________
Michael Thomas, Chair
Attest: _______________________
Robin L. Roberts, City Clerk
PLANNING COMMISSION
STAFF REPORT
DATE: September 17, 2018
TO:Planning Commission
THRU:Crystal Landavazo, Interim Community Development Director
FROM:Steve Fowler, Assistant Planner
SUBJECT:MINOR USE PERMIT 18-4. Request for a Minor Use Permit to
allow the conversion of a window on the first floor to a sliding door
and replace balcony railings at an apartment building that is
nonconforming due to parking, density and setbacks located in the
Residential High Density (RHD-20) zoned area.
LOCATION:1524 Marine Avenue
APPLICANT:Mark Bennett
RECOMMENDATION:After conducting the Public Hearing, staff recommends that the
Planning Commission adopt Resolution No. 18-15, APPROVING
Minor Use Permit 18-4 with Conditions.
GENERAL PLAN
DESIGNATION:
Residential High Density
ZONE:Residential High Density (RHD-20)
SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER:199-084-10
LOT AREA:2,500 sq. ft.
GROSS FLOOR AREA:2,774 sq. ft.
SURROUNDING PROPERTIES:
NORTH:Residential High Density (RHD-20)
SOUTH:Residential High Density (RHD-20)
EAST:Residential High Density (RHD-20)
WEST:Residential High Density (RHD-20)
ENVIRONMENTAL ASSESSMENT
This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to
Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.) for the permitting of an exterior remodel at an existing
nonconforming apartment building where only minor modifications are required for the
renovation.
LEGAL NOTIFICATION
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on September
6, 2018 and mailed to property owners and occupants within a 300' radius of the subject
property on September 6, 2018 with affidavits of the publishing and mailing on file.
VICINITY MAP: AERIAL MAP:
ANALYSIS
Mark and Nancy Bennett, (“the applicant”) filed an application for Minor Use Permit 18-4
requesting approval to allow the conversion of a window on the first floor to a sliding door and
replace balcony railings at an apartment building that is nonconforming due to density, setbacks,
and parking. The subject site is located on the south east side of Marine Avenue between
Electric Avenue and Dolphin Avenue in the Old Town area. The parcel is developed with a three
unit apartment building with a detached two-car garage. The subject site is located in the RHD-
20 zone and is surrounded by residential uses on all sides
The subject property is nonconforming due to density, setbacks and parking. According to Table
11.2.05.015 of the Seal Beach Municipal Code, properties in the RHD-20 zone are required to
maintain an average front yard setback of 12 feet. The subject property is rectangle in shape
with a lot width of 25 feet and a lot depth of 100 feet. The existing front structure on the subject
site does not meet this average front yard setback of 12 feet because the setback is
approximately 11 feet.
According to Table 11.2.05.015 of the Seal Beach Municipal Code, properties zoned RHD-20
are allowed one residential unit per every 2,178 sq. ft. of land area. The subject property is a
2,500 sq. ft. parcel with three existing dwelling units. Only one unit would be allowed by the
current zoning regulations that pertain to density.
According to Table 11.4.20.015.A.1 of the Seal Beach Municipal Code, residential uses in the
RHD-20 zone are required to provide two off-street parking spaces per dwelling unit. The
subject site contains three dwelling units and, by current code standards, is required to have 6
enclosed parking spaces. However, the site only contains a two-car garage which makes the
site deficient by four parking spaces.
The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements which
involve the removal or alteration of exterior doors and replace balcony railings. No interior
remodel is proposed so no additional bedrooms or bathrooms will be added. This code section
also allows for minor exterior improvements such as decks, door and window changes through
the approval of a Minor Use Permit. The alterations proposed on the subject site are consistent
with the provisions of this code.
CONCLUSION
After conducting the public hearing and receiving testimony, staff recommends that the Planning
Commission adopts attached Resolution No. 18-15 to allow the conversion of a window on the
first floor to a sliding door and replace balcony railings at an apartment building that is
nonconforming at 1524 Marine Avenue.
Prepared by:
_____Steve Fowler____________ ____Crystal Landavazo__________
Steve Fowler Crystal Landavazo
Community Development Department Interim Community Development Director
Attachments:
1. Resolution No. 18-15 – A Resolution of the Planning Commission of the City of Seal
Beach, Approving Minor Use Permit 18-4, to allow the conversion of a window on the first floor
to a sliding door and replace balcony railings at an apartment building that is nonconforming due
to setbacks, density, and parking at 1524 Marine Avenue located in the Residential High
Density (RHD-20) zoning area.
2. Project architectural plans.
Page 1 of 3
RESOLUTION NO. 18-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 18-4
TO ALLOW THE CONVERSION OF A WINDOW ON THE FIRST
FLOOR TO A SLIDING DOOR AND REPLACE BALCONY
RAILINGS AT AN APARTMENT BUILDING THAT IS
NONCONFORMING DUE TO PARKING, DENSITY AND
SETBACKS LOCATED IN THE RESIDENTIAL HIGH DENSITY
(RHD-20) ZONED AREA AT 1524 MARINE AVENUE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Mark and Nancy Bennett (“the applicant”) submitted an application
to the Community Development Department for Minor Use Permit 18-4. The proposed
project includes the conversion of a window on the first floor to a sliding door and replace
balcony railings at an apartment building that is nonconforming due to parking, density and
setbacks located in the Residential High Density (RHD-20) zoning area.
Section 2. This project is determined to be a Class 1 (Existing Facility)
Categorical Exemption pursuant to Section 15301 of the Guidelines for the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting
of an exterior remodel at an existing nonconforming triplex where only minor modifications
are required for the renovation.
Section 3. A duly noticed public meeting was held before the Planning
Commission on September 17, 2018 to consider Minor Use Permit 18-4. At the public
meeting, the Planning Commission received into the record all evidence and testimony
provided on this matter. The record of the hearing indicates the following:
A. The applicant submitted an application to the Community Development
Department for Minor Use Permit 18-4 for a proposed project at 1524 Marine Avenue, Seal
Beach, California.
B. The subject property is rectangular in shape with a lot area of
approximately 2,500 square feet per assessor’s records. The property is approximately 25
feet wide by 100 feet deep. The site is surrounded by residential uses on all sides.
C. The subject property is currently developed with a two story duplex and
a detached 2-car garage with an apartment on the second floor. Based on the existing front
yard setback condition, parking and density, the subject property is considered
nonconforming. The proposed improvements will not expand any existing nonconformity
because no new bedrooms or additional habitable square footage is proposed.
D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor
improvements which involve the removal or alteration the exterior doors and balconies,
provided the bedroom/bathroom ratio does not exceed one and one half bathrooms for each
bedroom. The proposed conversion of a window on the first floor to a sliding door and
replacement of balcony railings falls within the minor improvements permitted.
Resolution 18-15
1524 Marine Avenue
Page 2 of 3
Section 4. Based upon the facts contained in the record, including those
stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal
Beach Municipal Code, the Planning Commission makes the following findings:
A. The proposed minor improvements are consistent with the General Plan
which encourages architectural diversity in the Old Town area (Planning Area 1) while
ensuring compatibility between residential and commercial uses. The proposed alteration of
the doors and balconies will be compatible with the architectural style of the existing building
and will not change the character of the property, will maintain all requirements of the zoning
area, and will be consistent with other surrounding properties.
B. The proposed use is allowed within the applicable zoning district with
Minor Use Permit approval and will comply with all other applicable provisions of the
Municipal Code. The subject site is located within the Old Town RHD-20 zone, an area where
the Seal Beach Municipal Code (Section 11.4.40.015.B) allows minor improvement such as
alteration of exterior doors and balconies with approval of a Minor Use Permit
C. The proposed use, as conditioned below, will be located on a site that is
physically adequate for the type, density, and intensity of use being proposed, including
provision of services, and the absence of physical constraints. The subject site is currently
developed with a two story duplex and a detached two-car garage with an apartment on the
second floor. The conversion of a window to a sliding glass door and replacement of balcony
railings on the existing duplex will maintain development standards applicable to the RHD-20
zone. The improvement will not increase density or change beyond existing use of the
property.
D. The location, size, design, and operating characteristics of the proposed
use, as conditioned below, will be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood. The subject site is located within the RHD-20
zone, which consists of properties developed as single family and multi-family residences.
The improvement will not add habitable space, will not change existing operating
characteristics of the two story duplex, and will remain similar to surrounding uses throughout
RHD-20.
E. The establishment, maintenance, and operation of the proposed use will
not be detrimental to the health, safety, or welfare of persons residing or working in the
vicinity. The subject site will continue to operate as a residential property, which is consistent
with the uses in the surrounding neighborhood.
Section 5. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 18-4 for the conversion of a window on the first floor to a sliding
door and replace balcony railings on the duplex apartment building which is nonconforming
and is subject to the following conditions:
1. Minor Use Permit 18-4 is approved for the conversion of a window on the first floor to a
door and replace balcony railings on the duplex apartment building located at 1524
Marine Avenue.
Resolution 18-15
1524 Marine Avenue
Page 3 of 3
2. All plan check and future construction shall be in substantial compliance with the plans
approved through Minor Use Permit 18-4. All new construction shall comply with all
applicable state and local codes.
3. The applicant is required to obtain all Building and Safety permits prior to construction
or demolition.
4. This Minor Use Permit shall not become effective for any purpose unless an
“Acceptance of Conditions” form has been signed, notarized, and returned to the
Community Development Department; and until the ten (10) day appeal period has
elapsed.
5. The applicant shall indemnify, defend and hold harmless the City, its officers, agents
and employees (collectively “the City” hereinafter) from any and all claims and losses
whatsoever occurring or resulting to any and all persons, firms, or corporations
furnishing or supplying work, services, materials, or supplies in connection with the
performance of the use permitted hereby or the exercise of the rights granted herein,
and any and all claims, lawsuits or actions arising from the granting of or the exercise
of the rights permitted by this Minor Use Permit, and from any and all claims and
losses occurring or resulting to any person, firm, corporation or property for damage,
injury or death arising out of or connected with the performance of the use permitted
hereby. Applicant’s obligation to indemnify, defend and hold harmless the City as
stated herein shall include, but not be limited to, paying all fees and costs incurred by
legal counsel of the City’s choice in representing the City in connection with any such
claims, losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys’ fees in any such lawsuit or action.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at
a meeting thereof held on September 17, 2018, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Michael Thomas
Chairperson
ATTEST:
__________________________
Crystal Landavazo
Planning Commission Secretary