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HomeMy WebLinkAboutPC Min 2007-07-18 City of Seal Beach Planning Commission Agenda for July 18,2007 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. June 2007 Building Activity Report 2. Approve Planning Commission Meeting Minutes of June 6, 2007. 3. Approve Planning Commission Meeting Minutes of June 20,2007. 4. Minor Plan Review 07-16 970 Heron Circle Applicant/Owner: Emerald Pools / Michael Haley Request: To construct a patio cover measuring 15 ft. by 11 ft. and approximately 10ft. high, and an outdoor fireplace that City of Seal Beach Planning Commission. Agenda of July 18, 2007 is approximately 5 ft. wide and 4 ft. deep on a raised footing and is approximately 13 ft. in overall height within the required rear yard setback area. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-40. 5. Minor Plan Review 07-17 931 Heron Circle Applicant/Owner: Robert G. Campbell Request: To construct an arbor/water feature measuring 10ft. wide by 3 ft. deep and approximately 10ft. high; a new barbecue grill measuring 6 ft. wide by 3 ft deep by 36 in. high; and a serving counter measuring 10ft. wide by 2.5 ft. deep by 42 in. high within the required rear and side yard setback areas. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-41. 6. Minor Plan Review 07-18 1435 Crestview Avenue Applicant/Owner: Robert Roady Request: To replace an existing 668 sq. ft. raised patio deck with a new 513 sq. ft. raised patio deck located within the required rear and side yard setback areas. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-43. 7. Minor Plan Review 07-19 979 Heron Circle Applicant/Owner: Mildred Showalter Request: To construct a palapa patio cover measuring 13 ft. by 16 ft. and approximately 10ft. high; an outdoor bar and barbeque grill measuring approximately 9 ft. wide by 4 ft. deep; and a waterfall feature measuring approximately 10ft. wide by 6 ft. deep, all within the required rear and side yard setback areas. 2 City of Seal Beach Planning Commission. Agenda of July 18, 2007 Recommendation: Approval, subject to conditions, and adoption of Resolution 07-44. VI. SCHEDULED MATTERS 8. Request for Time Extension - Minor Plan Review 06-4, 94 Welcome Lane 9. Discussion Re: Scheduling Saturday Study Session - Zoning Code Revisions VII. PUBLIC HEARING 10. Height Variation 07-5 1309 Seal Way (Continued from June 20, 2007) Applicant/Owner: Tim Francis / Steve & Tina Lis Request: To construct a Covered Roof Access Structures (CRAS) in excess of the 25-foot height limit. Specifically, the applicant proposes to construct a 9-ft. 6-in. by 3-ft. 11-in. staircase enclosure to exceed the height limit by approximately 4 ft. 8 in., where the maximum height variation is 7 feet. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-34. 11. Height Variation 07-6 409 Ocean Avenue Applicant/Owner: Felipe Velarde I Efren Del Rio Request: To construct a non-habitable Covered Roof Access Structures (CRAS) in excess of the 25-foot height limit. Specifically, the applicant proposes to construct a 9-ft. 10-in. by 3-ft. 10-in. staircase enclosure to exceed the 7-foot height limit by 1 ft. 6 in. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-42. 12. Conditional Use Permit 07-8 131-131% Main Street (Beachwood BBQ) Applicant/Owner: Gabriel Gordon / Innominate, LLC 3 City of Seal Beach Planning Commission. Agenda of July 18, 2007 Request: To extend current business hours and expand the existing restaurant area into an adjacent retail space. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-45. VIII. STUDY SESSION 13. Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning Chapter 2.05 Residential Districts Recommendation: Conduct Study Session by receiving Staff Report, public comments and Commission Comments. Provide direction to Staff regarding items. IX. STAFF CONCERNS X. COMMISSION CONCERNS XI. ADJOURNMENT To August 8,2007, at 7:30 P.M. 4 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 July 18, 2007 2007 Aaenda Forecast Minor Plan Review 07-20- Minor Plan Review 07-21 - 22 Cottonwood Lane 1445 Catalina Avenue Minor Plan Review 07-15- 1101 Catalina Avenue 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of July 18, 2007 Vice-Chairperson Roberts called the regularly scheduled meeting of the Planning Commission to order at 7:31 p.m. on Wednesday, July 18, 2007. The meeting was held in the City Council-Chambers and began with the Salute to the Flag.1 ROLL CALL Present: Vice-Chairperson Roberts, Commissioners Bello, DeLay, and Massa-Lavitt. Also Present: Department of Development Services Lee Whittenberg, Director of Development Services Jerry Olivera, Senior Planner Alexander Abbe, Assistant City Attorney Absent: Chairperson Deaton Mr. Whittenberg noted that Chairperson Deaton would not be present at tonight's meeting and requested a motion be made to excuse her absence. MOTION by Bello; SECOND by Massa-Lavitt to excuse Chairperson Deaton from the Planning Commission meeting of July 18, 2007. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Roberts, Bello, DeLay, and Massa-Lavitt None Deaton Vice-Chairperson Roberts introduced Leonard DeLay, the new Planning Commissioner for District 2, and welcomed him to the Commission. AGENDA APPROVAL Mr. Abbe requested that Item Nos. 2 and 3 be removed from the Consent Calendar, as Commissioner DeLay would be abstaining from voting on these items since he was not present at the Planning Commission (PC) meetings of June 6 and June 20, 2007. He then confirmed for the record that Commissioner Bello had the opportunity to view the 1 These Minutes were transcribed from audiotape of the meeting. 1 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 videotape of the meeting of June 20,2007. Commissioner Bello confirmed that she had viewed the meeting video. Mr. Whittenberg noted that Item No. 10, Height Variation 07-5 for 1309 Seal Way, was continued from the meeting of June 20, 2007, but the applicants have revised their plans substantially enough to warrant re-noticing of this application for a future public hearing. No discussion on this item will take place tonight. Mike Bubbe requested that Item No. 13, Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning Chapter 2.05 Residential Districts, be scheduled for a Saturday. Steve Lis, 1309 Seal Way, stated that he is working in good faith on the height variation for his home and on the other issues presented during public comments of June 20, 2007. He confirmed that his application would have to be re-noticed. Vice-Chairperson Roberts confirmed that re-noticing would be required. MOTION by Bello; SECOND by Massa-Lavitt to approve the Agenda as amended. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Roberts, Bello, DeLay, and Massa-Lavitt None Deaton ORAL COMMUNICATIONS Vice-Chairperson Roberts opened oral communications. There being no one wishing to speak, Vice-Chairperson Roberts closed oral communications. CONSENT CALENDAR 1. June 2007 Building Activity Report 4. Minor Plan Review 07-16 970 Heron Circle Applicant/Owner: Emerald Pools I Michael Haley Req uest: To construct a patio cover measuring 15 ft. by 11 ft. and approximately 10ft. high, and an outdoor fireplace that is approximately 5 ft. wide and 4 ft. deep on a raised footing and is approximately 13 ft. in overall height within the required rear yard setback area. 2 of 20 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 1 Recommendation: Approval, subject to conditions, and adoption of Resolution 2 07-40. 3 4 5. Minor Plan Review 07-17 5 931 Heron Circle 6 7 Applicant/Owner: Robert G. Campbell 8 9 Request: To construct an arbor/water feature measuring 10ft. wide by 103ft. deep and approximately 10ft. high; a new barbecue grill 11 measuring 6 ft. wide by 3 ft deep by 36 in. high; and a 12 serving counter measuring 10ft. wide by 2.5 ft. deep by 42 13 in. high within the required rear and side yard setback areas. 14 15 Recommendation: Approval, subject to conditions, and adoption of Resolution 16 07 -41. 17 18 6. Minor Plan Review 07-18 19 1435 Crestview Avenue 20 21 Applicant/Owner: Robert Roady 22 23 Request: To replace an existing 668 sq. ft. raised patio deck with a 24 new 513 sq. ft. raised patio deck located within the required 25 rear and side yard setback areas. 26 27 Recommendation: Approval, subject to conditions, and adoption of Resolution 28 07-43. 29 30 7. Minor Plan Review 07-19 31 979 Heron Circle 32 33 Applicant/Owner: Mildred Showalter 34 35 Request: To construct a palapa patio cover measuring 13 ft. by 16 ft. 36 and approximately 10ft. high; an outdoor bar and barbeque 37 grill measuring approximately 9 ft. wide by 4 ft. deep; and a 38 waterfall feature measuring approximately 10ft. wide by 6 ft. 39 deep, all within the required rear and side yard setback 40 areas. 41 42 Recommendation: Approval, subject to conditions, and adoption of Resolution 43 07-44. 44 45 MOTION by Massa-Lavitt; SECOND by Bello to approve the Consent Calendar as 46 amended. 3 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 MOTION CARRIED: AYES: NOES: ABSENT: City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 4-0-1 Roberts, Bello, DeLay, and Massa-Lavitt None Deaton Mr. Abbe advised that the adoption of Resolution Nos. 07-40, 07-41, 07-43, and 07-44 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 2. Approve Planning Commission Meeting Minutes of June 6,2007. MOTION by Massa-Lavitt; SECOND by Bello to approve the Planning Commission Meeting Minutes of June 6,2007 as presented. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 3-0-1-1 Roberts, Bello, and Massa-Lavitt None Deaton DeLay 3. Approve Planning Commission Meeting Minutes of June 20,2007. MOTION by Massa-Lavitt; SECOND by Bello to approve the Planning Commission Meeting Minutes of June 20,2007 as presented. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: SCHEDULED MATTERS 3-0-1-1 Roberts, Bello, and Massa-Lavitt None Deaton DeLay 8. Request for Time Extension - Minor Plan Review 06-4, 94 Welcome Lane Staff Report Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and noted that this application was approved approximately one year ago, but the applicant is not yet able to apply for building permits, and has requested a continuance. Staff is recommending a one-year continuance to allow the applicant to comply with the Conditions of Approval and to receive approval from the California Coastal Commission (CCC). 40f20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 MOTION by Massa-Lavitt; SECOND by Bello to approve a one-year time extension for Minor Plan Review 06-4, 94 Welcome Lane. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Roberts, Bello, DeLay, and Massa-Lavitt None Deaton 9. Discussion Re: Scheduling Saturday Study Session - Zoning Code Revisions Staff Report Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He indicated that at the previous meeting the PC had requested that this item be placed on the agenda for consideration. He stated that should the PC determine to schedule a Saturday study session, Staff recommends that it be no sooner than three weeks from now to allow for publication of notice of the meeting in the Sun Newspaper for at least two weeks prior to the scheduled meeting date. This would ensure a reasonable turnout for the study session. He then noted that a Saturday session would probably not be televised, whereas the bi-monthly meetings are videotaped for rebroadcast for those who were unable to view the live broadcast. The Director of Development Services also added that during the summer months having a Saturday meeting might not be as effective as having a Wednesday night meeting. Commissioner Questions Vice-Chairperson Roberts noted that after review of the normal agenda items the study sessions are commencing as late as 9:30 or 10:00 p.m., and the audience is being lost as a result. He asked how many items would be on the next PC meeting agenda. Mr. Whittenberg stated that the August 8, 2007, agenda would have two items, and the General Plan Amendment (GPA), Zone Change (ZC), and Negative Declaration (ND) for the Seal Beach Townhomes project is to be scheduled for the August 22 meeting. Commissioner Bello asked why a Saturday study session could not be videotaped. Mr. Whittenberg explained that the SB3- TV technicians who help televise City meetings are volunteers and arrange their schedules to accommodate these meetings, but they may not be able to change their schedules to televise a weekend meeting. Commissioner Massa-Lavitt suggested scheduling a meeting on an alternate Wednesday night and devoting the entire meeting to the study session. Mr. Whittenberg stated that although this is possible, he cannot guarantee that the SB3-TV personnel would be available. He added that this might be more feasible than for a Saturday meeting. Commissioner Massa-Lavitt said she agreed that attendance at a summer Saturday meeting might not be as great as on a weekday. Vice-Chairperson Roberts opened for public comments. 5 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 Public Comments Mike Bubbe requested having a Saturday meeting to provide ample time to review the Floor Area Ratios (FARs) to gain a better understanding of this proposal. He also noted that he would like to have Chairperson Deaton present, as she is the Planning Commissioner for Old Town. He suggested scheduling the meeting for a Saturday in September. Vice-Chairperson Roberts asked what the length of the meeting should be. Mr. Bubbe stated that a 3-hour meeting would be sufficient. Eldon Alexander agreed that the Saturday meeting be scheduled for September. He stated he is assuming this meeting will cover only residential zoning. Mitzi Morton suggested having a meeting with the Planning Commissioner for District 20 to review the FARs and asked if separate study sessions could be held for District 9 and District 20 and separate Staff Reports be provided for the zoning revisions. There being no one else wishing to speak, Vice-Chairperson Roberts closed public comments. Vice-Chairperson Roberts recommended continuing this discussion to the next scheduled meeting to allow for Chairperson Deaton's input. Mr. Whittenberg agreed that this discussion could be continued as a scheduled matter on the next meeting agenda. MOTION by Bello; SECOND by Roberts to continue discussion Re: Scheduling Saturday Study Session - Zoning Code Revisions to the next scheduled meeting of August 8,2007. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Roberts, Bello, DeLay, and Massa-Lavitt None Deaton Mr. Whittenberg noted that Staff would be happy to meet individually or with a group of people to respond to any questions on the proposed Zoning Code (ZC) revisions. PUBLIC HEARINGS 10. Height Variation 07-5 1309 Seal Way (Continued from June 20, 2007) Applicant/Owner: Tim Francis I Steve & Tina Lis Request: To construct a Covered Roof Access Structures (CRAS) in excess of the 25-foot height limit. Specifically, the applicant 6 of 20 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 1 proposes to construct a 9-ft. 6-in. by 3-ft. 11-in. staircase 2 enclosure to exceed the height limit by approximately 4 ft. 8 3 in., where the maximum height variation is 7 feet. 4 5 Recommendation: Approval, subject to conditions, and adoption of Resolution 6 07 -34. 7 8 Vice-Chairperson Roberts reiterated that this item is to be continued to a future meeting 9 date after re-noticing of this public hearing application. 10 11 11. Height Variation 07-6 12 409 Ocean Avenue 13 14 Applicant/Owner: Felipe Velarde I Efren Del Rio 15 16 Request: To construct a non-habitable Covered Roof Access 17 Structures (CRAS) in excess of the 25-foot height limit. 18 Specifically, the applicant proposes to construct a 9-ft. 10-in. 19 by 3-ft. 10-in. staircase enclosure to exceed the 7-foot height 20 limit by 1 ft. 6 in. 21 22 Recommendation: Approval, subject to conditions, and adoption of Resolution 23 07-42. 24 25 Staff Report 26 27 Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the 28 Planning Department.) He provided some background information on this item and 29 noted that the applicant proposes an approximate 37-sq. ft. stairway enclosure to be 30 located approximately 10-ft. 5-in. from the front of the structure and flush with the east 31 wall of the building. He stated that based on the size and layout of the proposed 32 structure and the project's compliance with City Code, Staff is recommending approval, 33 subject to conditions. He indicated that Staff received one letter in opposition to this 34 request. 35 36 Commissioner Questions 37 38 None. 39 40 41 Public HearinQ 42 43 Vice-Chairperson Roberts opened the public hearing. 44 7 of 20 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 1 Mr. Whittenberg noted for the record that one letter in opposition was received from the 2 resident at 336 Ocean Avenue. Vice-Chairperson Roberts confirmed that this was the 3 same letter noted by Mr. Olivera. Mr. Olivera confirmed that it was the same. 4 5 Efren Del Rio stated that a complete remodel is to be done on this home, originally 6 constructed in 1953. He requested approval of Height Variation 07-6. Vice- 7 Chairperson Roberts asked if any consideration was given to staying within the required 8 height limit since the excess measures only 1-ft. 6 in. Mr. Del Rio stated that this was 9 considered, but due to the average person's height, this variation is needed. He noted 10 that many surrounding neighborhood homes also have Covered Roof Access Structures 11 (CRAS). 12 13 Eldon Alexander clarified whether the staircase enclosure would exceed the 25-foot 14 height limit or the 7-foot height limit, as indicated in the Staff Report. Mr. Olivera 15 confirmed that it would exceed the 25-foot height limit. Commissioner Massa-Lavitt 16 asked what the distance between the landing and the ceiling height of the enclosure 17 would be, noting that the plans indicate 5-ft. 6 in., measured from the top 18 board. Mr. Olivera stated that the 5-ft. 6 in. dimension goes below the top of the railing. 19 Mr. Whittenberg interjected that the difference in height for the railing is 1 foot. He 20 noted that the stair enclosure structure is 4 ft. 6 in. above the top of the rail and the 21 plans show the top of the rail being 22 feet above grade level, for a total height of 26 ft. 22 6 in., which is 1-ft. 6 in. above the 25-ft. height limit. Mr. Olivera stated that it appears 23 that the measurement from the top of the CRAS to the floor of the roof deck is 24 approximately 9.5 feet. Commissioner Massa-Lavitt noted that there appears to be 25 room for some adjustment. 26 27 Joyce Parque spoke in favor of this project noting that the roof deck staircase will be on 28 the interior of the home. She stated that the remodel will be beautiful and then 29 reminded the PC of "select enforcement and select approval" noting that there are many 30 other homes in this area that have been granted Height Variations. She recommended 31 approval. 32 33 Phil Viljoen, 411 Ocean Avenue, stated that lives next door to 409 Ocean Avenue and is 34 concerned about the proposed fireplace on the roof. He asked if this is a wood burning 35 fireplace, does it face the beach, and will fire suppression be used in conjunction with 36 the fireplace, as it is windy every day. He asked why the home was to exceed the 37 7 -foot height limit. Mr. Olivera explained that although a CRAS may exceed the 25-ft. 38 height limit by up to 7 feet, this project would exceed the 25-ft. height limit by only 1 ft. 6 39 in. 40 41 Barbara Barton stated that she lives near 411 Ocean Avenue, which was newly 42 remodeled, and she does not understand why every remodel has to be higher than the 43 original structure. She recommended denial of Height Variation 07-6. 44 45 Mike Bubbe, 412 Central Way, stated that because this home does not have a pitched 46 roof, the walls of the remodel go up higher than the original home and this creates a 8 of 20 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 1 greater mass. He encouraged the applicant to have the CRAS fall within the 25-foot 2 height limit. 3 4 There being no one else wishing to speak, Vice-Chairperson Roberts closed the public 5 hearing. 6 7 Commissioner Comments 8 9 Commissioner Massa-Lavitt stated that without clarification of the actual interior height 10 of the stairway enclosure, she cannot make a determination on this item. She indicated 11 in light of the size of the CRAS, would it be possible to face the outside of the structure 12 with the same brick used for the fireplace. She said she believes exterior stairways are 13 more appropriate, as there seems to be considerable concern within the community 14 regarding the size and location of CRAS and recently the elevator enclosures. She 15 stated that having an exterior stairway is a way to avoid the excess height, and she 16 believes this project should be held to 25 feet. 17 18 Commissioner Bello stated that she is also concerned about CRAS and it appears that 19 surrounding residents are also very concerned. She said that without further 20 information she would recommend restricting this project to the 25-foot height limit. 21 22 Mr. Whittenberg noted that with regard to facing the CRAS with brick, this would work 23 for the front elevation facing Ocean Avenue, but the sides would not match the stucco 24 walls for the side elevations. He recommended approval with the condition that the 25 interior ceiling height of the CRAS be limited to the minimum height necessary to meet 26 Building Code (BC) requirements. 27 28 Mr. Olivera noted that in looking at the plans, it appears that the measurement from the 29 floor of the roof deck to the very top of the CRAS is approximately 8 feet, with the door 30 probably measuring within the 6-ft. 8-in. range, which would be the minimum door 31 height opening per BC. Mr. Whittenberg added that the minimum ceiling height 32 according to BC is 7 ft. Commissioner Massa-Lavitt stated that there are ways to 33 decrease the height. 34 35 Vice-Chairperson Roberts stated that he believes Staff has presented a reasonable 36 compromise and he would support a condition stating that approval would be subject to 37 the minimum BC height requirement for the door and over structure, which would 38 hopefully fall within the 25-ft. height limit. 39 40 Commissioner Bello asked if there were any way to wait until the actual revisions are 41 presented. Mr. Whittenberg stated that this item could be continued to the next 42 scheduled meeting. Vice-Chairperson Roberts stated that it appears that it is becoming 43 too convenient to postpone these applications. He indicated that the PC should make a 44 decision predicated on current City Code recognizing that future standards may change. 45 9 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 MOTION by Roberts; SECOND by DeLay to approve the Height Variation 07-6, subject to conditions and subject to the Building Code minimum ceiling height to accommodate the proposed Covered Roof Access Structure, and adopt Resolution 07-42 as presented. MOTION FAILED: AYES: NOES: ABSENT: 2-2-1 Roberts and DeLay Bello and Massa-Lavitt Deaton Motion fails due to a tied vote. Mr. Whittenberg noted that another motion could be made to gain a majority vote, or the matter could be continued to the next meeting. MOTION by Massa-Lavitt; SECOND by Bello to continue Height Variation 07-6 to the next scheduled meeting of August 8, 2007. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Roberts, Bello, Delay, and Massa-Lavitt None Deaton Mr. Abbe advised that for noticing purposes the public hearing should be re-opened. Vice-Chairperson Roberts re-opened the public hearing. Mr. Whittenberg advised that notice of the hearing for August 8, 2007, would not be circulated or published. 12. Conditional Use Permit 07-8 131-131% Main Street (Beachwood BBQ) Applicant/Owner: Gabriel Gordon / Innominate, LLC Request: To extend current business hours and expand the existing restaurant area into an adjacent retail space. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-45. Staff Report Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and noted that the original business was established in December 2006, and has been operating under the conditions of the previous Conditional Use Permit (CUP) 89-5 for the premises issued to Don Juan's Taco House in 1989. He indicated that Lt. Tim 10 of 20 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 1 Olson of the Seal Beach Police Dept. (SBPD) has reported that they have had no calls 2 for service regarding operation of this business and have no objections to this 3 application. Staff has received no comments in response to the public notice and 4 recommends approval, subject to conditions. 5 6 Mr. Whittenberg noted that Staff has provided to the PC modifications to some of the 7 language regarding the number of off-street parking spaces. He explained that instead 8 of 9 spaces, the business is short 6 off-street spaces, which means that they would 9 have to provide these parking spaces within 300 feet of the property, or pay for these 10 spaces through the in-lieu parking program. 11 12 Commissioner Questions 13 14 None. 15 16 Public HearinQ 17 18 Vice-Chairperson Roberts opened the public hearing. 19 20 Gabriel Gordon, the chef/owner of Beachwood BBQ, provided a brief PowerPoint 21 presentation on the concept for the restaurant, noting that the business is growing 22 rapidly and has developed a regular clientele both within Seal Beach and from 23 surrounding communities. He stated that Beachwood has revitalized what was formerly 24 considered a "dead space" on Main Street and also provides a greater customer base 25 for surrounding merchants. He noted that Beachwood has contributed in other ways by 26 providing food service for community events at McGaugh School, the Seal Beach Police 27 Department, local churches, Lions Clubs, surrounding high schools, and for the Seal 28 Beach Chamber Concert Series. He indicated that the growth Beachwood has 29 experienced has made it necessary to expand. Mr. Gordon then stated that although he 30 recognizes the City's request for increased parking, he respectfully disagrees with the 31 practicality of requiring 6 parking spaces, as more than two-thirds of their business 32 occurs in the evening when the majority of surrounding businesses are closed, and 33 during the peak summer season there are usually no less than 6-7 available spaces at 34 any given time in the shared parking lot. He then displayed photographs of the 35 restaurant during its peak hours and the coinciding state of the parking lot during these 36 peak times, to demonstrate that there has been sufficient parking. Mr. Gordon then 37 indicated that of the additional 750 sq. ft. into which the restaurant will expand, only 250 38 sq. ft. is to be used for customers, with the rest to be used for storage, dishes, an 39 employee changing room, handicapped restrooms and office space. He noted that with 40 the exception of the office, all of these spaces have minimum square footage 41 requirements. He requested that he not be required to provide parking for the storage 42 and employee/kitchen use square footage, as the cost for the additional parking may 43 preclude continuing with the expansion, without which the restaurant would not 44 generate the required revenue to maintain long term stability. Vice-Chairperson 45 Roberts inquired about the request to extend the hours of operation to 7:00 a.m. to 46 10:00 p.m. Sunday-Thursday and until 11 :00 p.m. on Friday, Saturday and holidays. 11 of 20 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 1 Mr. Gordon stated that in order to compete with other restaurants, it is important to have 2 the evening hours extended. He noted that currently customers arriving after 8:00 will 3 have a 1-1% wait, so the current closing time of 9:00 does not accommodate these 4 diners. He indicated that he prefers not to open for breakfast, but the 7:00 a.m. opening 5 time might accommodate the occasional breakfast meeting. Vice-Chairperson Roberts 6 asked if recorded music is played inside the restaurant. Mr. Gordon stated that low 7 volume music is played via two small speakers 8 9 Seth Ecker of the Seal Beach Chamber of Commerce (SBCC) and resident of Old Town 10 spoke in favor of Beachwood BBQ stating the business is efficiently run, and agreed 11 that parking is not only adequate, but is perhaps in excess. He stated that the SBCC 12 supports growing business in Seal Beach and noted that an expanding business will 13 help increase revenues to the City and increase the quality of life for other businesses 14 and for residents. 15 16 Mike Garrison, owner of the property at 127-135 Main Street, spoke in favor of CUP 17 07 -8, commending Mr. Gordon for his investment and management of Beachwood 18 BBQ. He stated that with the expansion, this business will become more viable. He 19 also noted that most of the patrons to Beachwood are walk-ins and parking has never 20 been a problem. 21 22 Woody Woodruff, 139 Main Street, stated that Seal Beach needs unique places like 23 Angelo's Deli and Beachwood BBa and thanked Mr. Garrison for bringing in these 24 businesses. He indicated that Beachwood has been a great neighbor and encouraged 25 approval of CUP 07-8. 26 27 Debbie Hewlett of Buena Park stated that she has visited Seal Beach at least once a 28 week for over 25 years and now dines at Beachwood BBQ, as they have excellent food 29 and service. She said that parking is only a problem if you park on Main Street, 30 particularly during the summer months, but there is always plenty of parking in the lot 31 behind the restaurant. She recommended approval. 32 33 Jim Wakefield, Electric Avenue, thanked the Planning Commission (PC) for their service 34 to the community. He recommended approval of CUP 07-8 and asked that the parking 35 requirement be waived, as there are not that many good restaurants in Seal Beach 36 where a chef makes quality food and works hard to make sure each of his customers is 37 happy, as the owner of Beachwood BBa does. He said he usually walks to the 38 restaurant and most of the other customers are also residents of Old Town. 39 40 Tim Hewlett stated that it is important to bring new businesses into town, and 41 Beachwood BBQ is a great asset to Seal Beach. He said that when visiting Beachwood 42 parking has never been an issue and he noted that most of the patrons are walk-ins. 43 He recommended approval. 44 45 Michael Vilion of Long Beach stated that he regularly dines at Beachwood BBQ, but 46 sometimes is not able to get away from work until after 8:00 and is then subject to a 12 of 20 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 1 wait. He said the food is "spectacular" and he believes the restaurant have the 2 capability to serve more people and to extend its hours of operation. He said he was 3 not aware of the rear parking lot and has always parked on the street with never any 4 problems finding a space. He recommended approval of CUP 07-8 and a waiver of the 5 additional parking requirements. 6 7 Julian Schrego spoke in favor of CUP 07-8. He concurred with all the public comments 8 noting that this is really becoming a destination eatery. He stated that he drives from 9 Garden Grove at least once a week to dine at Beachwood and noted that this business 10 has become a great asset to Seal Beach. 11 12 Alex Prosak, Electric Avenue, stated that he regularly walks to Beachwood BBQ for 13 dinner and always sees his neighbors dining there. He said this has been a great 14 addition to the restaurants in town and the only problem he has ever had with alcohol 15 sales on Main Street is when the Navy ships are in. He recommended approval. 16 17 Diane Copeland of Long Beach urged waiving the parking requirement noting that this is 18 a great business, but needs revenues to expand. She emphasized that Beachwood 19 BBQ has been a wonderful addition to the community. 20 21 Kevin Gaffney stated that he dines at Beachwood once a week and it is a nice place to 22 meet people. He said the food is fantastic and there is a welcoming atmosphere. He 23 recommended approval. 24 25 Don Buckley, ih Street, stated that he walks over to Beachwood at least once a week to 26 dine. He commended Mr. Gordon for operating his restaurant as though you were 27 coming into his home, and it is evident that he takes great pride in his business. He 28 encouraged approval. 29 30 Brennan Gough, Seal Way, stated that his family has operated Koi Restaurant on 31 Pacific Coast Highway (PCH) for over 20 years. He said he has been very impressed 32 with Mr. Gordon's culinary skills and recommended approval of CUP 07-8 with waiver of 33 the additional required parking. 34 35 Steven Miles of Irvine stated that there is nothing like this in Irvine and he frequently 36 dines at Beachwood BBQ. He recommended approval of CUP 07-8 to allow this 37 business to expand and also encouraged that an equitable position be taken with regard 38 to the additional parking requirements noting that 250 sq. ft. of additional dining area is 39 not going to generate any additional parking demand, 40 41 Fabian Kravitz, Electric Avenue, said that he frequently walks to Beachwood BBQ to 42 dine and recommended approval. 43 44 Eldon Alexander stated that he was not aware that there was a parking lot behind the 45 restaurant and recommended that a sign be erected directing patrons to this parking 46 area. He commented that he does not believe there is a parking problem in Old Town, 13 of 20 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 1 only a problem with "convenient" parking. He noted that he has ordered take out from 2 Beachwood, and it only took about 5 minutes to receive his order. 3 4 Nina Vefai spoke in favor of approval of CUP 07-8 noting that she works on Main Street 5 and has been impressed by the Gordon's willingness to get involved with the 6 community. She noted that there are a number of vacant properties on Main Street and 7 stated it is important to support businesses such as Beachwood BBQ. 8 9 Glen Sowata, 1213 Electric Avenue, stated that he is a regular patron of Beachwood 10 BBQ and has gotten to know many other member of the community as a result. He said 11 he has nothing but positive comments about this restaurant and recommends approval 12 of CUP 07-8. 13 14 Norm Pearlman said he is Mr. Gordon's father-in-law and has invested in Beachwood 15 BBQ. He spoke highly of Mr. Gordon's expertise as a chef and his business acumen. 16 He stated that the restaurant is doing well and is making money, but the cost for the 17 in-lieu parking would make it difficult to complete the expansion. He requested that 18 these fees be waived. 19 20 There being no one else wishing to speak, Vice-Chairperson Roberts closed the public 21 hearing. 22 23 Mr. Abbe proceeded to explain the legal principals involved with the issue of parking 24 fees. He stated that the Conditional Use Permit (CUP) request before the Planning 25 Commission tonight is for the extension of business hours in a restaurant and the 26 expansion of the restaurant area. He noted that in order to approve a CUP the PC must 27 make two findings: 28 29 1. Approving the CUP would be consistent with the General Plan (GP) 30 2. The use would be compatible with the surrounding neighborhood 31 32 He indicated if the PC cannot make both of these findings, it has the authority to impose 33 additional conditions to ensure that it does meet them. He proceeded to explain that all 34 businesses within the City are required to provide parking, with three exceptions, as 35 follows: 36 37 1. If it is a very old legal nonconforming business, it may not have to comply with 38 current parking requirements. 39 2. It has an in-lieu parking agreement to provide parking off-site. 40 3. It is within the Main Street Specific Plan (MSSP) Zone and the City provides a 41 special exemption that allows a business owner to pay a fee instead of providing 42 the required parking. 43 44 He noted that one of the City's functions is to ensure that any impacts from a business 45 are mitigated, including traffic impacts. He said the City has established an in-lieu 46 parking program establishing the number of spaces required for businesses that wish to 14 of 20 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 1 take advantage of this exemption and do not wish to provide the number of required on- 2 site spaces. He indicated that the mechanism for the PC to deviate from the 3 requirements of the in-lieu parking program would be a Variance, which would have to 4 be duly noticed and the findings would have to be made for granting a Variance, as 5 indicated in the Zoning Code. He emphasized that tonight the PC has the authority to 6 approve this project subject to conditions, but it cannot reduce the parking requirement 7 as the Commission does not have the authority to do this. 8 9 Mr. Whittenberg added that with regard to the comments of having to provide parking 10 for "noncustomer use areas," the City parking standards for all businesses are based 11 upon the gross area of the building, including employee lounge areas, restrooms, food 12 storage areas, etc. He noted that employees do use these areas and each business 13 must have parking for its employees. He indicated that Seal Beach parking standards 14 are generally comparable to what other cities would require for these types of uses. 15 With regard to the amount for in-lieu parking fees, which was established in the Main 16 Street Specific Plan (MSSP) and within the zoning for the Main Street area, this was 17 determined a number of years ago by City Council (CC), who agreed to impose a fee of 18 $3,500 per space; an amount determined to be approximately half the amount of what 19 the City felt would be the actual cost to a business owner to pay for land to develop 20 parking spaces. He noted that the City has provided an advantage to business owners 21 to participate in the in-lieu parking program by consciously determining not to charge 22 the full amount. He stated that the PC has no authority to change this fee nor does it 23 have the authority this evening to consider reducing the required number of spaces. He 24 noted that Staff does have the discretion to arrange a payments plan for payment of 25 parking in-lieu fees. 26 27 Mr. Abbe added that the City did commission a fee study to determine what the impact 28 would be from each deficient parking space, which was $7,000 per space. CC 29 determined that half of this amount would be adequate. He noted that the old program 30 actually provided for an annual fee. 31 32 Commissioner Comments 33 34 Commissioner Massa-Lavitt stated that she is inclined to approve CUP 07-8. She said 35 this sounds like a great business and she supports new business on Main Street. She 36 noted that she hoped there would be flexibility for payment of the $21,000 total fee for 6 37 parking spaces. 38 39 Commissioner Bello stated that she is also in favor of approval. She said she was very 40 impressed with the website for Beachwood BBQ and with the menu. 41 42 Commissioner DeLay stated that he is in favor of helping the owners of Beachwood 43 BBQ succeed. 44 45 Commissioner Roberts stated that with regard to in-lieu parking, during his tenure on 46 the Planning Commission (PC) it has been consistent. He noted that he is sympathetic 15 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 to the issue of in-lieu parking fees, and is not certain what the City does with this money. Mr. Abbe explained that the City spends over $300,000 on off-Main Street parking lot improvements and signage, $62,500 for operating the parking meters in the Main Street area (including the beach lots), and approximately $1,600 for 8th and 10th Street parking lots striping. He noted that the total collection of in-lieu fees comes to less than the total of these expenditure amounts. Commissioner Roberts stated that he would vote to approve CUP 07-8 and indicated that hopefully a manageable payment schedule could be arranged. Mr. Whittenberg noted that the motion could include the condition to provide a sign indicating that parking is available behind the restaurant building. MOTION by Massa-Lavitt; SECOND by Bello to approve Conditional Use Permit 07-8, subject to conditions, and adopt Resolution 07-45 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Roberts, Bello, DeLay, and Massa-Lavitt None Deaton Mr. Abbe advised that the adoption of Resolution No. 07-45 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. At 9:10 p.m. Vice-Chairperson Roberts called for a 5-minute recess. The meeting reconvened at 9:15 p.m. STUDY SESSION 13. Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning Chapter 2.05 Residential Districts Recommendation: Conduct Study Session by receiving Staff Report, public comments and Commission Comments. Provide direction to Staff regarding items. Vice-Chairperson Roberts commented that beginning the study sessions at 9:00 p.m. or later is not getting the desired participation from the community and this must be remedied. He then indicated that there may be concern from residents of Old Town over Chairperson Deaton's absence from the last study session. He stated that he had spoken to her and she had expressed her strong desire that the process continue during her absence and noted that she would be participating again in the near future. Vice-Chairperson Roberts then indicated that tonight Staff would be conducting a discussion on daylight planes and building stepbacks at the 14 and 21-foot level and he 16 of 20 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 1 noted that the PC would be very limited in providing direction to Staff, as this is 2 principally an informational presentation. He encouraged public comments from the 3 audience. 4 5 Mitzi Morton stated that many people in town do not know that the PC is conducting 6 these study sessions and asked if there were some way of getting more newspaper 7 coverage. Vice-Chairperson Roberts noted that perhaps Ms. Morton's comments 8 tonight would encourage more coverage. 9 10 Staff Report 11 12 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the 13 Planning Department.) He stated that he would begin by presenting the concept of 14 daylight planes and then open for comments, then follow with a discussion of the 15 stepback issue. He noted that Floor Area Ratios (FARs) would not be discussed until 16 Chairperson Deaton is able to be present. Mr. Whittenberg explained that daylight 17 planes are one mechanism that attempts to address concerns regarding the mass and 18 bulk of buildings, but does not address the size or square footage of a building, as FARs 19 would address this. He indicated that the daylight plane addresses the use of roof 20 styles in reducing the height of walls adjacent to side and rear yard property lines. Vice- 21 Chairperson Roberts confirmed that these standards would be applicable to both the 9 22 and 20 zones. Mr. Whittenberg confirmed that these would apply to the RLD-9 (College 23 Park East/West and The Hill), RMD-18 (Old Ranch Country Club and Rossmoor 24 Townhomes) , and RHD-20 (Old Town) Zones. With regard to the request for three 25 dimensional renderings, Mr. Whittenberg reported that inquiries yielded the response 26 from architects that these renderings could be done at a cost of approximately $3,000 27 per drawing, so Staff proceeded to research zoning ordinances for cities using daylight 28 planes and was able to find the information needed. He then proceeded to provide a 29 PowerPoint presentation of examples of the use of daylight plane provisions noting that 30 they prevent the construction of homes with solid 25-foot high walls for the entire length 31 of a lot by creating a plane that moves toward the center of the property and moves the 32 building walls further away from the rear and side setback areas. He presented several 33 examples of homes and the use of daylight planes accompanied by a description of the 34 design features used to accommodate this. (Presentation is on file for inspection in the 35 Planning Department.) He explained that when presenting the initial preliminary draft, 36 some of the comments from the architects expressed concern that the proposed heights 37 were not high enough to accommodate what is generally being constructed in town 38 today. He indicated that for each of the City's proposed districts Staff had pulled 5 39 different plans for homes and has overlaid the current daylight planes for these homes 40 over what Staff proposes. He noted that a summary table of information for each set of 41 plans was prepared listing information on the construction of the home. Mr. 42 Whittenberg explained that ceiling heights of homes have increased from 7 feet in the 43 mid 1950's to 7-8 foot in the late 1950's early 60's, and today it is not uncommon to see 44 ceiling heights of up to 8-9 feet, particularly in 2-story homes, which ultimately increases 45 the overall height of a home. He noted that daylight planes can measure 8.5 feet from 46 the ground, as measured from the single-story portion of a structure, and up to 14 feet 17 of 20 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 1 from the ground for 2-story homes, with the measurement taken from the building line 2 through the eave up to where it intersects with the roof line. He continued presenting 3 more examples on the use of daylight planes. 4 5 Commissioner Questions 6 7 Commissioner Massa-Lavitt stated that she believes that daylight planes are an 8 excellent approach to creating diversity in architectural style and the use of roof styles. 9 She indicted that this provides a great opportunity for the community to take advantage 10 of what this means. She commended Mr. Whittenberg on the work done on the 11 presentation and in making the information easy to understand. 12 13 Vice-Chairperson Roberts agreed that the use of daylight planes is worthy of 14 consideration as a component of the zoning ordinance. He expressed his concern with 15 opening the way for more Variances to exceed the height limit. He then opened for 16 public comments. 17 18 Public Comments 19 20 Melinda Howell commended Staff and the PC on a job well done. She asked how the 21 Director of Development Services had determined what the proposed daylight planes 22 would be, as from the examples the daylight planes appear to be fairly large and she 23 does not see how this would allow for sunlight. Mr. Whittenberg explained that for a 24 2-story home in Old Town with 3-foot setbacks there will be no room for sunlight, unless 25 the sun is directly overhead. He emphasized that under today's standards on a 25-foot 26 wide lot a home can be constructed with a 25-foot high wall the entire length of the 27 property. He indicated that the proposed daylight planes were determined based upon 28 recommendations from the consulting architects. Vice-Chairperson Roberts asked 29 about other cities that use the daylight plane. Mr. Whittenberg stated that the city with 30 the most extensive regulations is Coronado, and Huntington Beach, Newport Beach, 31 and several cities on the Palos Verdes peninsula also use daylight planes. He indicated 32 that much of the information used to prepare the presentation came from the City of 33 Austin, Texas, and noted that many cities now use daylight planes to deal with the mass 34 and bulk of homes. 35 36 Eldon Alexander noted that many of the older buildings in Old Town have crawl spaces 37 underneath the first floor that can add 1-1% feet to the height of a home. He asked 38 whether Staff had completed preliminary calculations on what daylight plane setbacks 39 would be for some of the properties in Old Town. Mr. Whittenberg explained that the 40 daylight plane is one issue, but Staff is also proposing stepbacks for the front of the 41 property and along the sides when you have walls above certain heights. 42 43 Mike Bubbe stated that using daylight planes provides a great way to look at the issue 44 of sunlight and privacy. He said he was wary of exceptions to the daylight plane and 45 recommended requiring lesser daylight planes for homes in Old Town, as the lots are 46 smaller. He noted that measuring the daylight plane up to the maximum height of the 18 of 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 wall rather than to the roof overhang could present a problem if someone decided they wanted a longer roof overhang. He then asked for the names of the architects providing assistance to Staff. Warren Morton asked if a maximum height for the daylight plane would be established for different size lots. Mr. Whittenberg stated that one standard is proposed for the RLD-9 Zone and a different standard for the RHD-20 Zone. There being no one else wishing to speak, Vice-Chairperson closed public comments. Mr. Whittenberg noted that Staff intends to schedule another study session on residential districts to continue to work through stepback issues and open space, etc. He indicated that depending upon Chairperson Deaton's ability to attend, Staff may review FARs. He added that notice of future study sessions would be published in the Sun Newspaper. STAFF CONCERNS Mr. Abbe indicated that he has accepted an offer to transfer to the San Francisco office for Richards, Watson, Gershon and he would then no longer serve as the Assistant City Attorney for the City of Seal Beach. He noted that he would be transitioning to his new location and would continue to assist the City through the end of the zoning ordinance study sessions and hearings. He stated that Steven Flowers would be taking over his duties as Assistant City Attorney at a future date. COMMISSION CONCERNS None. ADJOURNMENT Vice-Chairperson Roberts adjourned the meeting at 10:20 p.m. Respectfully Submitted, ~~k~'~ C)S:u.~~ Carmen Alvarez, Execu.tive Secr&tary Planning Department 19 of 20 City of Seal Beach Planning Commission Meeting Minutes of July 18, 2007 1 APPROVAL 2 3 The Commission on August 22, 2007, approved the Minutes of the Planning 4 Commission Meeting of Wednesday, July 18, 2007. C'-<'A . 20 of 20