HomeMy WebLinkAboutPC Min 2007-08-22
City of Seal Beach Planning Commission
Agenda for August 22, 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. July 2007 Building Activity Report
2. Approve Planning Commission Meeting Minutes of July 18, 2007.
3. RECEIVE AND FILE: Documents regarding the "Regional Transportation
Plan" and the "Regional Comprehensive Plan Update," being prepared by the
Southern California Association of Governments.
4. Minor Plan Review 07-15
1101 Catalina Avenue
Applicant/Owner:
Doug Southam / Steven Matzinger
City of Seal Beach Planning Commission. Agenda of August 22, 2007
Request: To legalize an existing 72-sq. ft. raised patio deck
located within the rear yard setback area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-38.
5. Minor Plan Review 07-22
460 Electric Avenue
Applicant/Owner: Dean Willis
Request: To construct 92-sq. ft. wood frame storage shed within
the required side-yard setback area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-48.
VI. SCHEDULED MATTERS
6. Adoption of Resolution 07-34 Denying Variance 07-5 for 1309 Seal Way.
7. Discussion Re: Scheduling Saturday Study Session - Zoning Code
Revisions
VII. PUBLIC HEARING
VIII. STUDY SESSION
8. Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning Chapter
2.05 Residential Districts
IX. STAFF CONCERNS
X. COMMISSION CONCERNS
XI. ADJOURNMENT
To September 5,2007, at 7:30 P.M.
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Sep 05
Sep 19
Oct 03
Oct 17
Nov 07
Nov 21
Dec 05
Dec 19
City of Seal Beach Planning Commission . Agenda of August 22, 2007
2007 AQenda Forecast
Conditional Use Permit 07-9 - 12101 Seal Beach Blvd (F&M Bank)
Variance 07-3 - 12101 Seal Beach Blvd (F&M Bank)
Variance 07-4 - 1790 Apollo Court (Dadvar Group)
Mitigated Negative Declaration 07-1 - Seal Beach Townhomes
General Plan Amendment 07-1 Seal Beach Townhomes
Planned Unit Development 07-1 - Seal Beach Townhomes
Zone Change 07-1 Seal Beach Townhomes
Minor Plan Review 07-23
Minor Plan Review 07-24
- 915 Heron Circle
- 983 Heron Circle
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of August 22,2007
Vice-Chairperson Roberts called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, August 22, 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, and DeLay.
Also
Present:
Department of Development Services
Lee Whittenberg, Director of Development Services
Jerry Olivera, Senior Planner
Alexander Abbe, Assistant City Attorney
Steve Flower, Assistant City Attorney
Absent:
Chairperson Deaton and Commissioner Massa-Lavitt
Mr. Whittenberg reported that both Chairperson Deaton and Commissioner Massa-
Lavitt had indicated that they would not be in attendance at tonight's meeting. He
requested a motion to excuse their absence.
MOTION by Bello; SECOND by DeLay to excuse Chairperson Deaton and
Commissioner Massa-Lavitt from the Planning Commission meeting of August 22,
2007.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Roberts, Bello, and DeLay
None
Deaton and Massa-Lavitt
AGENDA APPROVAL
Mr. Whittenberg requested that Item No. 4 be removed from the Consent Calendar for
separate discussion, as Staff had received an e-mail message from a neighbor of 1101
Catalina Avenue. He also noted that Item No. 5 would not be considered tonight and
will have to be re-noticed for a future agenda date. With regard to Item No.8, he
suggested that the Planning Commission (PC) not conduct a Study Session tonight
since only three Commissioners are present tonight, and that they be postponed until
1 These Minutes were transcribed from audiotape of the meeting.
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September 19, 2007, to allow Vice-Chairperson Roberts to address recent family
issues. The Director of Development Services then explained that the September 5,
2007 agenda contains several relatively involved public hearing items, which would not
allow ample time for a Study Session on that date. He indicated that Staff would publish
notice for Study Sessions to be scheduled September 19th, and October 3rd and 1th,
and, if necessary, for November 7, 2007, to complete the residential standards. He
projected that the goal would be to complete all of the study sessions before the
Thanksgiving/Christmas holidays, and begin the public hearing process after January 1,
2008.
Vice-Chairperson Roberts apologized for any inconvenience to those members of the
public present tonight, but he feels that that this is necessary as Mr. Whittenberg has
outlined.
MOTION by Bello; SECOND by DeLay to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Roberts, Bello, and DeLay
None
Deaton and Massa-Lavitt
ORAL COMMUNICATIONS
Vice-Chairperson Roberts opened oral communications.
Linda Kruger stated that her home is located on 8th Street behind the Jack-In-the Box
restaurant and she has serious concerns regarding the location of the trash dumpster,
as it has created problems with cockroaches in her garage area when the restaurant
has been in operation. She also objects to the keeping the drive-thru open until 1 :00
a.m., noting that the speaker box is quite loud. She also commented on the
landscapers blowing refuse onto her property and objectionable activity by late night
customers. She noted that she has four dumpsters near her home and three are used
for the disposal of food from eateries. She provided photographs of the subject
locations and noted that garbage is always scattered around the dumpster Jack-In-the
Box and is not picked up. She recommended it be relocated to the pad near the
speaker box. Vice-Chairperson Roberts directed Staff to visit the site to assess the
situation. Mr. Whittenberg stated that Staff is currently reviewing previous Land Use
Agreements for this property to determine whether any unapproved activity is taking
place, and to see how these issues can be addressed, as well as any health-related
issues for dumpsters from multiple locations. He indicated that Staff would provide a
report to Ms. Kruger as well as for City Council and the Planning Commission (PC).
Jan Morrison stated she owns a home on 8th Street and provided information regarding
the issue of the Jack-In-the Box dumpster. She noted that after the fire at this location it
became a haven for transients, and the speaker box has always been too loud. She
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City of Seal Beach Planning Commission
Meeting Minutes of August 22, 2007
stated that as a result of these problems she came close to losing the tenants renting
her home. She also noted that since Jack-In-the Box closed down as a result of the fire,
she has no longer experienced problems with roaches, but neighboring homes must
also contend with the refuse from the Char-O-Chicken dumpster being scattered in the
alleyway. Ms. Morrison then cited issues with the glare from restaurant lighting, as it is
directed toward the neighborhood rather than toward the restaurant. She continued by
stating nearby homes must contend with noise from employees leaving work in the early
morning hours with another shift arriving at 5:30 a.m. She recommended requiring
"read only" menu boards to help cut down on the speaker noise. Mr. Olivera stated that
he and the Code Enforcement Officer had visited the site this morning and discussed
some of these issues with the job foreman, who reported that the wall-packed light has
been removed and will be replaced with a lower wattage light that shines directly down
rather than outward. He indicated that Staff is still working with the owners on the issue
of the "read only" menu boards.
There being no one else wishing to speak, Vice-Chairperson Roberts closed oral
communications.
CONSENT CALENDAR
1. July 2007 Building Activity Report
2. Approve Planning Commission Meeting Minutes of July 18, 2007.
3. RECEIVE AND FILE: Documents regarding the "Regional Transportation Plan"
and the "Regional Comprehensive Plan Update," being prepared by the Southern
California Association of Governments.
MOTION by Bello; SECOND by DeLay to approve the Consent Calendar as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Roberts, Bello, and DeLay
None
Deaton and Massa-Lavitt
4. Minor Plan Review 07-15
1101 Catalina Avenue
Applicant/Owner: Doug Southam / Steven Matzinger
Request: To legalize an existing 72-sq. ft. raised patio deck located
within the rear yard setback area.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-38.
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City of Seal Beach Planning Commission
Meeting Minutes of August 22, 2007
1 Staff Report
2
3 Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning
4 Department.) He provided some background information on this item and noted that this
5 item had come to the attention of Staff based on a complaint to the City's Code
6 Enforcement Department. Staff determined that this structure was non-permitted and
7 issued a violation notice to the occupant. Subsequently, the occupant applied for a
8 Minor Plan Review (MPR) to begin the process of legalizing the structure. Staff is
9 recommending approval, subject to conditions. He indicated that Staff has received one
10 e-mail in opposition to the project in response to the public hearing notice.
11
12 Commissioner Questions
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14 Vice-Chairperson Roberts asked when the deck was originally constructed. Mr. Olivera
15 stated that he is uncertain of when it was constructed.
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17 Commissioner Bello stated that she has no concern about safety, as this will be
18 addressed with bringing the structure up to standards. She inquired about the
19 complaint that the applicant can look directly into the neighbor's living room window
20 from the deck. Mr. Olivera stated that the deck is slightly raised and there is an
21 approximate 6-ft. high wall above the retaining wall, which would not be any different
22 from having a raised deck with a 6-ft. high perimeter wall on a flat grade.
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24 Vice-Chairperson Roberts asked what the main issue is. Mr. Olivera explained that
25 initially it was that the deck was constructed within the rear yard setback area without
26 approval of a MPR. Vice-Chairperson Roberts asked if the retaining wall or its safety is
27 an issue to the City. Mr. Olivera stated that there are no concerns and any safety
28 issues would be dealt with through the building permit and inspection process. Mr.
29 Whittenberg added that usually the Building Inspector would require that the base of the
30 structure be exposed to see how it has been set into the ground to determine if
31 additional footings are needed to prevent any compromise to the lower retaining wall.
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33 Public Comments
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35 Vice-Chairperson Roberts opened for public comments.
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37 There being no one wishing to speak, Vice-Chairperson Roberts closed public
38 comments.
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40 Commissioner Comments
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42 Commissioner Bello stated that if safety issues are to be addressed she has no
43 concerns.
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45 Commissioner DeLay stated that he would vote to approve.
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City of Seal Beach Planning Commission
Meeting Minutes of August 22, 2007
Vice-Chairperson Roberts stated that it appears the safety issues will be addressed and
the neighbor's privacy should not be a problem, as the wall appears to be at least 7 feet
high.
MOTION by Bello; SECOND by DeLay to approve Minor Plan Review 07-15, subject to
conditions, and adopt Resolution 07-38 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Roberts, Bello, and DeLay
None
Deaton and Massa-Lavitt
Mr. Flower advised that the adoption of Resolution No. 07-38 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
SCHEDULED MATTERS
6. Adoption of Resolution 07-34 Denying Variance 07-5 for 1309 Seal Way.
Staff Report
Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning
Department.) He reported that the public hearing for this item was conducted on August
8, 2007, and the Planning Commission (PC) directed Staff to return with the formal
Resolution 07-34 with the appropriate findings for formal adoption at tonight's meeting.
MOTION by Bello; SECOND by DeLay to adopt Resolution 07-34 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Roberts, Bello, and DeLay
None
Deaton and Massa-Lavitt
Mr. Flower advised that the adoption of Resolution No. 07-34 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
7. Discussion Re: Scheduling Saturday Study Session - Zoning Code Revisions
Vice-Chairperson Roberts stated that discussion on this would be deferred until
September 19, 2007, when a full complement of Planning Commissioners is present.
Mr. Whittenberg proposed that this item appear on the PC Agenda for September 5,
2007. He reiterated that at least 2 weeks advance notice is required to allow for
publication in the Sun Newspaper.
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City of Seal Beach Planning Commission
Meeting Minutes of August 22, 2007
1 PUBLIC HEARINGS
2
3 None.
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6 STAFF CONCERNS
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8 Mr. Whittenberg welcomed Steve Flower who will be transitioning to the position of
9 Assistant City Attorney, replacing Mr. Abbe, who has accepted a transfer to the San
10 Francisco office.
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13 COMMISSION CONCERNS
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15 Vice-Chairperson Roberts noted that Staff has provided the requested compilation of
16 the criteria of the standards for the design of single-family residences, as requested by
17 the Planning Commission at its last meeting.
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20 ADJOURNMENT
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23 Vice-Chairperson Roberts adjourned the meeting at 7:59 p.m. to the next scheduled
24 meeting of September 5, 2007.
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27 Respectfully Submitted,
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31 Carmen Alvarez, Executive Secreta
32 Planning Department
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35 APPROVAL
36
37 The Commission on September 5, 2007, approved the Minutes of the Planning
38 Commission Meeting of Wednesday, August 22, 2007. ~ .
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