HomeMy WebLinkAboutPC Min 1977-04-06
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MINUTES OF THE PLANNING CO~MISSION MEETING OF APRIL 6, 1977
The Planning Commission of the City of Seal Beach met in regular session
on Wednesday, April 6, 1977, in the Council Chambers of the City
Administration Building. The meeting was called to order by Vice
Chairman Cook at 7:30 p.m. and the Pledge to the Flag was led by
Commissioner Lanning.
Present:
Absent:
Lanning, Madsen, Ripperdan, Cook
Knapp (absence excused)
After discussion, the minutes of March l6, 1977 were approved as presented.
Secretary reviewed the method to present testimony in public hearings.
l. Public Hearings
A. Ronald C. Smith, V-4-77 (continued)
Secretary reviewed the application and advised the request had been
readvertised for public hearing. The question of portability w~s
discussed. The zoning ordinance does not define "portable" but the
definition by Webster was cited. Planning and Building Department
staff do not interpret the subject structure as portable since it
permanently attached by piping, etc. Surfside Colony advises that
modifications have been made and they consider the structure portable.
Dr. Smith was present to answer questions. He stated there was no
modification in the house and the pool with Jacuzzi should not be
considered a spa. Mr. Brown, replying to a question, advised that by
outside inspection, the wiring would not meet code. In addition, there
was open wiring and switches in the eQuipment shed. Dr. Smith stated
the work was done by a licensed contractor and felt it would all be
done properly. Also stated George Reid, former building inspector.
had inspected and said it was okay. City files indicate. no building
permits issued, no inspections or approvals; only letters advising of
violation. Discussion in detail of the encroachments. No other
comments from the public, hearing closed.
Mrs. Lanning moved to deny Variance V-4-77, seconded by Ripperd~n and
passed unanimously. Resolution No. l054.
Secretary advised the appli~ant of his right of appeal.
B. Jeffry Berrey, V-5-77
Applicant is requesting variance to permit installation of a 50 ft.
amateur radio antenna with occasional minor encroachment into the
rear yard setback. Secretary gave background of determination previously
made by the Commission on location and height. Hearing open. Discussion
of existing roof mounted antenna; whether permits had been obtained and
if it would be removed. Applicant advised no permits obtained because
he thought it similar to T.V. antenna and no permit necessary. Existing
antenna to be removed upon installation of new antenna. It was pointed
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out that proposed antenna would be telescoping with a maximum height
of 22 ft. when not in use.
Jerry Stowell, 404 Jade Cove \~a.v, spoke in opposition expressing his
concern for safety to his home if the antenna collapsed and whose
liability it would be. Mr. Brown advised that Building Department
would be checking for wind loading prior to issuance of a permit, but
the city does not accept liability. Mr. Berrey advised that he had
liability insurance to cover the antenna. Hearing closed.
Mr. Ripperdan moved to approve the 'Variance V-5-77 with the condition'
that the antenna be lowered when not in use. Seconded by Cook.
Ayes: Cook, Madsen, Ripperdan
Noes: Lanning Motion carried. Resolution l055.
C. Dr, Rodolfo Bobadillo, V-6-77
Applicant had submitted a request for a fireplace projection at A-79,
Surfside. Secretary advised that the Doctor's agent had submitted a
letter requesting withdrawal of the application because modifications
had been made to meet code. Public hearing opened and closed.
Mr. Cook moved to deny the application for Variance V-6-77 without
prejudice, seconded by Lanning, and passed unanimously. Res. No. l056.
D. Adoption of Various Amendments to the Zoning Ordinance (cont'd)
The proposal is for minor amendments to the zoning ordinance and
consideration of the Negative Declaration. Hearing opened. Mr. Cook
objected to a reduction in unit size, reduction in required parking,
and expressed concern about curb openings for on-site parking by the
conditional use permit process. Secretary Neprud explained that the
staff felt these were minimum standards only to provide for the desire
for small units. He felt the smaller units would decrease intensity
of population. By the same thinking, it was felt that smaller units
would not require as much parking. Mr. Neprud advised that other cities
vary on their requirements for unit size and parking and it was
difficult to make comparison. Mrs. Lanning had no objection to unit
size, but opposed reduction in parking. Ripperdan concurred. Mr.
Cook pointed out that reduction could become a major problem for
possible future conversion to condominiums.
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Mr. Ripperdan moved to retain the existing requirement of 2 parking
spaces per unit in Districts I and II. Seconded by Lanning and
passed unanimously.
Mr, Cook moved to require minimum floor area of 750 sq, ft, (28-70l(l)(d))
and 700 sq. ft, (28-80l(4)). Motion died for lack of a second. Mr.
Ripperdan moved to require minimum floor area of 700 sq. ft. (28-70l(l)(d))
and 600 sq. ft. (28-80l(4)). Seconded by Lanning.
Ayes:
Noes:
Lanning, Madsen, Ripperdan
Cook
Motion carried.
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Discussion followed regarding curb opening provision. Mr. Cook felt
it should be handled by variance procedure. Secretary advised there
was only a minor change in wording to clarify the provision. He
explained a variance required the showing of hardship while the
conditional use permit procedure still provides a public hearing but
allows the Commission to grant the curb cut if it improves the parking
arrangement. Mr. Cook moved to amend 28-2209(l)(b) to the variance
procedure. Secretary advised that if this was the wish of the
Commission, they should just delete the section and the variance
procedure would still be available. Mr. Cook amended his motion to
detete 28-2209(l)(b), Seconded by Madsen.
Ayes:
Noes:
Cook, Madsen
Lanning, Ripperdan
Motion failed.
Mr. Cook moved to approve the Nesative Declaration and ptoposed ordinance,
as amended, and reco~end to City Council their approval and adoption.
Seconded by Mrs, Lanning and passed unanimously. 'Resolution No. l057.
2. Oral Communications
There were no oral communications.
3. Written Communications
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All written communications were in conjunction with specific agency
items.
4. New Business
A. Apartment Conversion to Condominiums
Secretary reported on conversion of apartments to condomi'niums. The
staff reco~ended the conditional use permit procedure which could
safeguard amenties. If this met with Commission approval, an amendment
would be prepared and public hearing scheduled. Staff also recommended
that a policy resolution be adopted by the Commission setting forth
major items to be reviewed. This would not be an amendment to the
ordinance, but a guideline for applicants. Discussion of suggested
items of review and whether some should be mandatory. Secretary
pointed out this would be a policy resolution and not firm requirements.
Some situations would be unable to meet all of the items. Staff
directed to schedule public hearing.
Secretary reported on the proposed low decorative fences in the public
right-of-way, and the City Attorney's determination. His recommendations
forwarded to the City Council and they determined that low fences could
be considered as part of the landscaping. City Attorney also felt the
insurance coverage requires was sufficient. The City Council approved
the proposal by minute order and a formal resolution will be presented
at their next meeting.
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'Mr. Cook asked what effect this approval would have on the past
determination that fences should be placed on the lot line, Mr.
Neprud stated that the special conditions in this case were the
governing factor and any other person desiring the same right would
have to prove the uniqueness of their situation. Mr. Cook felt that
by allowing fences, we have turned over public property to private
owners. This end result was not the original intention.
Mr. Ripperdan expressed appreciation on the book about the Naval
Weapons Station. The others concurred.
No further business, the meeting was adjourned,at 8:50 p.m.
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'~<OG U?e.,.,~".. J.
Lois Arnold --->
Recording Secretary