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HomeMy WebLinkAboutPC Min 2007-11-07 City of Seal Beach Planning Commission Agenda for November 7,2007 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. Approve Planning Commission Meeting Minutes of October 3,2007. 2. Approve Planning Commission Meeting Minutes of October 10, 2007. VI. SCHEDULED MATTERS 3. Approve Planning Commission Meeting Minutes of October 17, 2007. VII. PUBLIC HEARING 4. Conditional Use Permit 07-13 3001 Old Ranch Parkway (Kobe Steak House) 1 City of Seal Beach Planning Commission' Agenda of November 7, 2007 Applicant/Owner: BNP Enterprise, Inc. / Bixby Land Company Request: To change the permitted operating hours to close at 12:00 a.m. nightly, and to permit an entertainment cafe providing live music within the restaurant lounge seven days a week from 7:00 p.m. to 12:00 a.m. in conjunction with an existing restaurant. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-58. 5. Conditional Use Permit 07-14 1695 Adolfo Lopez Drive (Farmers & Merchants Bank) Applicant/Owner: Rick Schlemmer for SM / Farmers & Merchants Bank Request: To permit 24-hour business operation for a bank operations center and central vault. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-59. 6. Conditional Use Permit 07-15 12310 Seal Beach Blvd. (Wachovia Bank) Applicant/Owner: Wachovia Bank c/o Tait & Associates / Wachovia Bank Request: To permit the 24-hour Automated Teller Machine (ATM) in conjunction with a full service bank. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-60. VIII. STUDY SESSION 7. Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning Chapter 2.05 Residential Districts 8. Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning All Portions Except Chapter 2.05 Residential Districts IX. STAFF CONCERNS X. COMMISSION CONCERNS 2 City of Seal Beach Planning Commission' Agenda of November 7, 2007 XI. ADJOURNMENT To adjourned meeting of December 5,2007, at 7:30 P.M. 3 Nov 21 Dee 05 Dee 19 City of Seal Beach Planning Commission' Agenda of November 7, 2007 2007 Agenda Forecast Meeting Cancelled Conditional Use Permit 06-3 (Indefinite Extension) - Conditional Use Permit 07-16- Height Variation 07-6 - Variance 07-5 - 4 4000 Lampson Ave Old Ranch Golf Club 705 Ocean Avenue A-107 Surfside 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 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of November 7, 2007 Chairperson Deaton called the . regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, November 7, 2007. The meeting was held in the City Council Chambers and began with the Salute to the Flag.1 ROLL CALL Present: Chairperson Deaton, Commissioners Bello, DeLay, Massa-Lavitt, and Roberts. Also Present: Department of Development Services Lee Whittenberg, Director of Development Services Jerry Olivera, Senior Planner Steve Flower, Assistant .city Attorney Absent: None AGENDA APPROVAL MOTION by Roberts; SECOND by Bello to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, DeLay, Massa-Lavitt, and Roberts None None ORAL COMMUNICA liONS Chairperson Deaton opened oral communications. Linda Kruger stated that Jack-in-the-Box has adjusted the hours of operation and this has helped with noise issues. She then presented photos of water pooling in the alley way, which comes from the landscape area sprinkler system at Jack-in-the-Box. Chairperson Deaton asked if Ms. Kruger had spoken to the owner. Ms. Kruger stated that she has not, as in the past he has not responded in a very courteous manner. Chairperson Deaton asked if Ms. Kruger had spoken to the manager. Ms. Kruger 1 These Minutes were transcribed from audiotape of the meeting. 1 of 17 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 November 7, 2007 .responded that she had at one time, but the manager had only screamed at her. Commissioner Roberts asked if there is landscaping behind the separator wall and her home. Ms. Kruger stated that there is and noted that employees also use water to wash off the driveway and drive-thru areas. Chairperson Deaton asked Staff is there is an ordinance prohibiting hosing down paved areas. Mr. Whittenberg stated that there are laws prohibiting this and Code Enforcement Staff will contact Jack-in-the-Box regarding discontinuing this practice. Ms. Kruger then stated that because water does not drain from the alley, -she has concerns with water pooling during a heavy rain and her garage then floods. Seth Ecker noted a copy of a letter distributed to the Planning Commission (PC) stating support from the Seal Beach Chamber & Business Association for the Los Cerritos Wetlands Project. There being no one else wishing to speak, Chairperson Deaton closed oral communications. CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of October 3,2007. 2. Approve Planning Commission Meeting Minutes of October 10, 2007. MOTION by Roberts; SECOND by Massa-Lavitt to approve the Consent Calendar as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, DeLay, Massa-Lavitt, and Roberts None None SCHEDU.LED MATTERS 3. Approve Planning Commission Meeting Minutes of October 17, 2007. MOTION by Massa-Lavitt; SECOND by DeLay to approve the Meeting Minutes of October 17, 2007, as presented. MOTION CARRIED: AYES: NOES: 'ABSENT: ABSTAIN: 4-0-1 Deaton, DeLay, Massa-Lavitt, and Roberts None None Bello 2 of 17 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 1 PUBLIC HEARINGS 2 3 4. Conditional Use Permit 07-13 4 3001 Old Ranch Parkway (Kobe Steak House) 5 6 Applicant/Owner: BNP Enterprise, Inc. / Bixby Land Company 7 8 Request: To change the permitted operating hours to close at 12:00 9 a.m. nightly, and to permit an entertainment cafe providing 10 live music within the restaurant lounge seven days a week 11 from 7:00 p.m. to 12:00 a.m. in conjunction with an existing 12 restaurant. 13 14 Recommendation: Approval, subject to conditions, and adoption of Resolution 15 07-58. 16 17 Staff Report 18 19 Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning 20 Department.) He provided some background information on this item and noted that Lt. 21 Tim Olsen of the Seal Beach Police Department (SBPD) has reviewed the proposed 22 application -and stated that SBPD has had no unusual or excessive calls for service in 23 regard to the business and has no opjections to the granting of the Conditional Use 24 Permit for an entertainment cafe, subject to conditions. Mr. Olivera stated that the City 25 has received no comments, written or otherwise, in response to the public notices 26 regarding Conditional Use Permit (CUP) 07-13. 27 28 Commissioner Questions 29 30 Chairperson Deaton asked if the music is to be amplified. Mr. Olivera stated that it 31 would be amplified. 32 33 Publi,c Hearinq 34 35 Chairperson Deaton opened the public hearing. 36 37 Alec Chung, representing Kobe Japanese Steak House, stated that the same type of 38 request for entertainment had been approved for the neighboring Spaghettini Grill, 39 which has become a renowned restaurant. He stated that Kobe hopes to gain the same 40 success by providing entertainment, and at the very least it will provide flexibility to 41 operate and provide a variety of entertainment for customers. He noted that remodel 42 plans for the restaurant have been approved and the addition of live music will enhance 43 the dining experience at Kobe Japanese Steak House. Commissioner Roberts asked if 44 the music is to be amplified. Mr. Chung stated that the music would be amplified, and 45 noted that the new patio area would be enclosed with glass panels to help mute the 46 sound. He said the music would not be overly loud. Commissioner Roberts asked Staff 3 of 17 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 1 about the acoustic qualities of glass or clear acrylic material. Mr. Olivera stated that 2 these would be subject to any noise ord.inance requirements. He noted that CUP 07-13 3 has been conqitioned to address any problems with overly loud music. 4 5 Steve Mahalik of Yellowtail Drive stated that his residence is located directly behind 6 Kobe Steak House and previous businesses at this location have had live entertainment 7 and it was very loud and annoying. He asked if the patio is to be completely enclosed 8 or if the roof is to be open. He noted that he has also had problems in the past with the 9 venting of the kitchen in the direction of his home. He stated that he called Kobe about 10 the problem and they were very rude and did nothing about correcting this. 11 12 Mark Sava of Yellowtail Drive stated that he is very concerned with the noise from live 13 entertainment. He said his home is located directly behind Kobe and his bedroom and 14 backyard border the restaurant parking area. 15 16 Randy Goddard of Yellowtail Drive stated that he is concerned with allowing live 17 entertainment until midnight, 7 days a week. He said he is able to clearly hear the jazz 18 music from Spaghettini's in his living room, even though his home has double-paned 19 windows, and if Kobe is to be this loud, he would recommend denying Conditional Use 20 Permit 07-13. He recommended permitting live music until 10:00 p.m. Chairperson 21 Deaton asked if Staff had received complaints about Spaghettini's. Mr. Whittenberg 22 stated he began working with the City in 1989, and since that time 2-3 complaints were 23 received in the early 1990's. He indicated that Staff received no further complaints. 24 25 Mr. Chung stated the he understands the concerns expressed and he will ensure that 26 Kobe complies with the Citis Noise Ordinance and that the patio would be enclosed 27 with double-paned glass and a soundproof door would be installed and kept closed 28 during the live entertainment. Also there would be no speakers to the outside patio 29 area. He said he is concerned that residents are currently complaining about .hearing 30 the music from Spaghettini's, and they may complain about this, believing that the noise 31 is coming from Kobe. He indicated that currently they play satellite radio within the 32 restaurant, and initially Kobe plans to have live music 3-4 nights a week. 33 34 Mr. Mahalik asked about having live music on the patio. Mr. Olivera clarified that 35 Conditions No. 4 prohibits music within the outdoor patio or exterior of the restaurant 36 and Condition No.8 specifies that all doors and windows must be closed during the live 37 music. Commissioner Roberts requested that the condition for double-paned glass for 38 the windows and patio cover be included. Mr. Mahalik then asked about the odors from 39 the. kitchen. Chairperson Deaton asked that Mr. Mahalik speak with Mr. Chung after the 40 public hearing. 41 42 Mr. Chung reiterated that the stage will be inside the main restaurant area and not on 43 the patio, and the patio will definitely be enclosed. 44 45 There being no one else wishing to speak, Chairperson Deaton closed the public 46 hearing. 4 of 17 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 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 Commissioner Comments Commissioner Massa-Lavitt asked whether Spaghettini's has live music in the outdoor patio. Mr. Whittenberg stated that he would have to review this app"roval, but he believes their CUP requires that the music be inside. She recommended that entertainment on Monday-Thursday evenings should end by 10:00 p.m. with Friday and Saturday hours until 12:00 midnight. . Commissioner Roberts recommended that entertainment be allowed 4 nights a week and that Thursday evenings the music end at 10:30 p.m. He then indicated that the conditions of approval should require that double-paned glass be used for the enclosed patio area of the restaurant facing the residential area and in the restaurant where the stage is located. He recommended a 6-month review period. Chairperson Deaton suggested approving 4 nights for the live entertainment and allowing Kobe to determine which nights this would be, with the requirements that Sunday-Thursday nights the entertainment end at 10:30 p.m. and at midnight on Friday and Saturday. She noted that should problems arise before the end of the 6-month review period, residents should contact the Director of Development Services or Seal Beach Police Department. Commissioner Massa-Lavitt recommended requiring that the windows be acoustically designed to limit the exterior "spillage" of noise. Mr. Whittenberg stated that most double-paned windows will achieve a 45 dBL rating, which means that on the opposite side of the window, you would be hearing 45 dBLs of sound, which is less that the City's Noise Ordinance requirement. Chairperson Deaton noted that a double laminate window could also be used. Mr. Olivera clarified that the 6-month review would be based on the date of issue of the Certificate of Occupancy. Chairperson Deaton stated that this was correct. MOTION by Roberts; SECOND by Massa-Lavitt to approve the Conditional Use Permit 07-3, subject to conditions, and adopt Resolution 07-58 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Deaton, Bello, Massa-Lavitt and Roberts DeLay None Mr. Flower advised that the adoption of Resolution No. 07-58 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 5 of 17 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 1 The Director of Development Services reiterated that once the live entertainment at 2 Kobe begins, any noise concerns should immediately be conveyed to the Department of 3 Development Services or to the Seal Beach Police Department. 4 5 5. Conditional Use Permit 07-14 6 1695 Adolfo Lopez Drive (Farmers & Merchants Bank) 7 8 Applicant/Owner: Rick Schlemmer for SM / Farmers & Merchants Bank 9 10 Request: To permit 24-hour business operation for a bank operations 11 center and central vault. 12 13 Recommendation: Approval, subject to conditions, and adoption of Resolution 14 07-59. 15 16 Staff Report 17 18 Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning 19 Department.) He provided some background information on this item and noted that the 20 application is to allow business operations between the hours of 2:00 a.m. and 6:00 21 a.m. He explained that the existing structure is proposed to be utilized as a bank 22 operations center and central vault for Farmers and Merchants Bank. While there is no 23 regular operation of the facility between the hours of 10:00 p.m. and 8:00 a.m., there are 24 occasional times when there is a need for late night or 24-hour operation of the facility, 25 depending on bank document processing needs. Farmers and Merchants Bank would 26 therefore like to reserve the right to have a 24-hour operation as necessary. On those 27 occasions where there would be 24-hour operation of the facility, there would be 28 approximately 6-10 employees within the facility at any given time. He noted that the 29 City has received no comments, written or otherwise, in response to the public hearing 30 notices for Conditional Use Permit 07-14. 31 32 Commissioner Questions 33 34 None. 35 36 Public Hearinq 37 38 Chairperson Deaton opened the public hearing. 39 40 Rick Schlemmer and Susie Smith, representatives for Farmers & Merchants Bank 41 (F&M) spoke on behalf of F&M. Mr. Schlemmer noted that there would be no truck 42 operations after 5:00 p.m., with most of the tasks being administrative office work. Ms. 43 Smith added that there may be times when after hours cash counting will take place, but 44 this would be infrequent. 45 6 of 17 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 ~5 36 37 38 39 40 41 42 43 44 45 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments None. MOTION by Roberts; SECOND by DeLay to approve the Conditional Use Permit 07-14, subject to conditions, and adopt Resolution 07-59 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, DeLay, Massa-Lavitt and Roberts None None Mr. Flower advised that the adoption of Resolution No. 07-59 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 6. Conditional Use Permit 07-15 12310 Seal Beach Blvd. (Wachovia Bank) Applicant/Owner: Tait & Associates for Wachovia Bank / Wachovia Bank Request: To permit the 24-hour Automated Teller Machine (ATM) in conjunction with a full service bank. Recommendation: Approval, subject to conditions, and adoption of Resolution 07-60. 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 this application is to allow business operations between the hours of 2:00 a.m. and 6:00 a.m. for an Automated Teller Machine (ATM). He explained that the building was formerly occupied by World Savings, and Wachovia Bank has now taken over the branch operations at the above-noted location. World Savings "formerly had an A TM at this location, but it was removed some time before their operations ceased, and Wachovia Bank would like to re-install an A TM at this location. He then noted that a copy of revised Resolution 07 -60 has been provided to the Commission striking Condition No.2, which indicated the requirement for an on-premise security guard during regular business hours. He explained that Lt. Tim Olson of the Seal Beach Police Department had determined that on-site security during busine$s hours is not required. Mr. Olivera ended by stating that the City has received no comments, written 7 of 17 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 November 7, 2007 or otherwise, in response to the public hearing notices for Conditional Use Permit (CUP) 07-15. Commissioner Questions Commissioner Roberts requested a visual identification of the location of the A TM, which Mr. Olivera provided from a photograph of the subject property. Public Hearinq Chairperson Deaton opened the public hearing. Leslie Burnside spoke on behalf of Wachovia Bank and said she would be happy to respond to any questions. Commissioner Roberts asked if a security and landscape plan is to be submitted. Ms. Burnside confirmed that Wachovia would be submitting plans and noted that their landscape policy is "no shrubs above 36 inches." Commissioner DeLay asked if Wachovia would be in addition to the other bank in the Seal Beach Village Center. Ms. Burnside stated that both of these banks were formerly World Savings & Loan and Wachovia has acquired all of the World Savings assets so these two branches will now be Wachovia banks. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments None. MOTION by Roberts; SECOND by Bello to approve the Conditional Use Permit 07-15, subject to conditions, and adopt Resolution 07-60 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, DeLay, Massa-Lavitt and Roberts None None Mr. Flower advised that the adoption of Resolution No. 07-60 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 8:25 Mr. Whittenberg called for a 5-minute recess. The meeting reconvened at 8:30 p.m. 8 of 17 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 1 2 STUDY SES.SIQN 3 4 7. Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning Chapter 2.05 5 Residential Districts. 6 7 Section 2. 05. 015.S - Additional Side Setback Above 14 Feet 8 Pages 81-88 9 10 Mr. Whittenberg again utilized the Staff Report entitled, "October 10, 2007, Planning 11 Commission Study Sessions, Chapter 2.05, Residential Districts," and began by 12 referring to Page 81 noting that these standards would apply to lots 37.5 feet wide, or 13 wider, and would require that walls along side yard setback lines on new structures 14 measuring 14-feet or higher be subject to an additional setback. He reiterated that this 15 would provide additional building separation between residential units and would help 16 address concerns expressed by the Commission and the public regarding the 17 increasing size of .homes and would help incorporate more design diversity. He then 18 proceeded to review the proposed standard as outlined on Pages 81-89, noting that for 19 lots within the RHD-20 District that are less than 37.5 feet wide Staff proposes once a 20 wall reaches a length of 50 feet, that at least one building offset be required for a certain 21 length and depth along one side of the building, and the wall could then continue at the 22 minimum setback line. Another proposal would be that a portion of the 2nd floor area be 23 setback, but not for the entire structure, which would help with the proposed standards 24 for. open space within Old Town. Chairperson Deaton clarified that patios could qualify 25 as an inset, if so desired, but would not be required. Mr. Whittenberg stated that this 26 was correct, but the patio requirement would have to be met in another area of the 27 structure. Commissioner Roberts asked if the Commission were comfortable with one 28 side being a completely flat plane. Chairperson Deaton noted that pop-outs could be 29 used. Mr. Whittenberg explained that bay windows could be used, but projections on 30 homes on 25-ft. lots are only allowed to go out 1 foot. He also noted that the recently 31 adopted State Building Code states that all walls and windows that are 3 feet or less 32 from a property line must-have a 1-hour fire-rated assembly. He stated that this may 33 result in windows being set in further from the wall plane and may also increase the use 34 of courtyards to provide more space for windows. Chairperson Deaton stated that she 35 would like to see some pop-outs on the other side of the building inset, which would add 36 square footage back to the structure. Mr. Whittenberg stated that architectural features 37 such as bay windows or fireplaces rarely add living floor space to a home. He 38 suggested that lots less than 37.5 feet stay away from the additional setback on the 2nd 39 floor and create more useable yard area on the 1 st or 2nd floor once the building wall 40 goes beyond 50 feet. He added that this would also make roof pitches different. The 41 Director of Development Services then explained that these standards would not apply 42 to homes in Bridgeport or Surfside, as they have different standards. 43 44 Public Comments 45 9 of 17 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 1 Warren Morton asked if doors within the 3-foot setback also have to be 1.,.hour rated. 2 Mr. Whittenberg confirmed that they would. 3 4 Robert Goldberg asked about windows that are 37 or 38 inches from the property line. 5 Mr. Whittenberg stated that the 1-hour rated windows would not be required. Mr. 6 Goldberg asked if the architects agreed with the 5-foot perpendicular walls for the inset, 7 which for 25-ft. lots would leave a floor area approximately 14 feet wide. Mr. 8 Whittenberg stated that the architects made these suggestions and felt that this would 9 be a good compromise. Mr. Goldberg n-oted that the open space requirement at ground 10 level is a minimum of 90 feet, and rather than have both the inset and the patio, most 11 people would probably just construct the open space patio. 12 13 Victor Grgas asked if a balcony can be constructed on the 2nd floor of homes on lots 14 37.5 feet wide or wider. Mr. Whittenberg confirmed that you could construct a balcony 15 on the 2nd floor of these homes. 16 17 Eldon Alexander cautioned that the greater the number of standards imposed, the less 18 diversity this would ultimately allow. 19 20 Mike Bubbe stated that the proposed standards provide for more interesting architecture 21 and allow for more open space. 22 23 Commissioner Comments 24 25 Commissioner Roberts stated he favors the articulation but wonders is 5 ft. x 10ft. 26 would be too much and might limit the property owner's ability to design his or her home 27 as desired. He said he would favor a smaller area of articulation that could be done on 28 both sides of the home. 29 30 Chairperson Deaton noted that if the articulation is required after a 50-ft. length, then 31 every house will have a patio 50 feet in, especially on the smaller lots. She said she 32 would like to see more options for designing homes with 1 st floor patios. Mr. 33 Whittenberg stated that the idea was that you can go a certain length of wall before 34 requiring a break, so the number can change. He explained that having shorter 35 distances for the insets can be more difficult structurally and more costly. He noted that 36 although this comes close to meeting the open space standard, Staff did not want to 37 use this to meet that standard so as not to force someone to use this. He indicated that 38 Staff could return with some alternatives when presenting the final draft, such as having 39 a minimum 3-ft. x 10-ft. indentation for every 35-40 feet of the length of the wall. 40 Chairperson Deaton suggested using square footage and pop-outs. Mr. Whittenberg 41 stated that these options do appear in other areas of the Zoning Code (lC) and added 42 that pop-outs of no more than 8 feet in length can project up to one foot into the side 43 yard setback, but these would have to be 1-hour rated. Chairperson Deaton stated that 44 she agreed with Commissioner Roberts' comment that a 5-foot offset would be too 45 great. Commissioner Bello also agreed with smaller offset requirements as this would 46 allow for insets on both sides of a building. Mr. Whittenberg reiterated that Staff would 10 of 17 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 1 provide alternatives in the final draft and floor plan samples for consideration by the 2 Commission. He also recommended establishing a minimum dimension for the offsets. 3 4 Section 2. 05. 01 5. BB - Open Space Requirements 5 Pages 90-95 6 7 Mr. Whittenberg stated that Staff is proposing three separate standards as follows: 8 1. For the RLD-9 District a minimum of 800 sq. ft. of private, useable outdoor open 9 space would be required for single-family residences (SFR). 10 11 2. For lots 37.5 feet wide within the RHD-20 District a minimum of 225 sq. ft. of private, 12 useable outdoor open space would be required for single-family residences. 13 14 3. For lots less than 37.5 feet wide within the RHD-20 District 15 16 a. A minimum dimension of 8 feet for any side would be required, including a 17 required side yard setback 18 b. At least 40% of the required 225 sq. ft. (90 sq. ft.) must be provided on the 19 ground floor 20 c. Remaining area may be provided in any combination of second floor decks or 21 balconies having a minimum dimension of 5 feet. 22 d. No more than 33% of the ground floor area may be covered. 23 24 Commissioner Massa-Lavitt suggested distributing the open space allowance to all 25 floors of a SFR and including roof deck space into this allowance. For example, 100 sq. 26 ft. of a 500 sq. ft. roof deck could be counted as part of the open space requirement. 27 28 Public Comments 29 30 Victor Grgas stated that roof decks should not be included in the open space 31 requirement, and the dimension should remain 500 square feet. Commissioner Mass.a- 32 .Lavitt clarified that she is not suggesting that roof decks be smaller, simply that a portion 33 of the square footage be allowed to be counted as open space to help meet the 34 minimum requirement. He then stated that 37.5 sq. ft. lots should be required to provide 35 a minimum of 3 off-street parking spaces. He indicated that one of these spaces could 36 be a carport and would not have to be enclosed. 37 38 Mr. Whittenberg indicated that Staff had received a letter from Mike Bubbe related to the 39 issue of additional setbacks for 2nd floor roof decks to help address privacy issues for 40 neighboring homes. Commissioner Roberts stated that he believes there should be a 41 limit on the accountable square footage of roof decks towards meeting the open space 42 criteria. He corifirmed that the 90 sq. ft. on the 151 floor can only be used in side setback 43 area. Mr. Whittenberg confirmed that this was correct. Chairperson Deaton asked for 44 comments on setbacks for ~nd floor decks. Commissioner Roberts stated that the 45 setback would have to be substantial to meet the intended objective. Mr. Whittenberg 46 stated that when he and Mr. Bubbe had discussed this, he had explained that the 11 of 17 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 1 daylight plan requirements may create this effect, as the rail for a deck would not be 2 allowed to project into the daylight plane. He indicated that Staff would provide 3 examples of plans and show how the daylight plane would create setbacks on 2nd floor 4 decks. 5 6 Commissioner Roberts confirmed that for lots 37.5 sq. ft. wide, or wider, the 7 requirement for open space would be 800 sq. ft. Mr. Whittenberg stated that for lots in 8 the RHD-20 District 37.5 ft. wide the requirement would be 225 sq. ft., all to be provided 9 on the ground floor, and for the RLD-9 District it would be 800 sq. ft. Commissioner 10 Roberts suggested setting the standard at 40 feet wide. Mr. Whittenberg noted that 11 when reviewing these standards the architects had no problem with the 225 sq. ft. 12 requirement. Chairperson Deaton asked that Staff provide examples to give a better 13 idea of what these dimensions would look like. Mr. Whittenberg stated that Staff can 14 provide examples of homes that are currently in the planning phase. 15 16 Section 2.05.015 - Ratio of 2mlStory Building Area to pi Story Building Area 17 Pages 96-99 18 19 Mr. Whittenberg referred to the table on Page 97, which reflects 1st and 2nd floor ratios 20 for several homes within Seal Beach, and noted that Staff's initial proposal was a ratio 21 of 75-80%, but with .garages not counting as living space, this number did not work in 22 Old Town. Staff now recommends for the RHD-20 district that the 2nd floor living area 23 cannot exceed 1.4 times the 1 st floor living area, which will ,also help limit the size of 2nd 24 stories. He noted that no changes are recommended for the RLD-9 district ratios. 25 Commissioner Massa-Lavitt as'ked what the ratio would be if the garage were included. 26 Mr. Whittenberg responded that it would be close to a 1: 1 ratio. Commissioner Massa- 27 Lavitt then commented that this might provide a better idea of what the size of the entire 28 structure would be. Commissioner Roberts stated that making the number smaller 29 would allow for less open space on the ground floor. Eldon Alexander pointed out that 30 using a smaller number would lead to people making the ground floor as large as 31 possible. Commissioner Roberts indicated that 1.4 would be a good starting place. 32 The Commissioner was in agreement. 33 34 Section2.05.015L -Projections 35 Page 100 36 37 Mr. Whittenberg briefly reviewed the proposed standards for projections above the 38 height limit for buildings containing 3 or more residential units, noting that the proposal 39 for common rooftop open space is open for discussion. Commissioner Roberts stated 40 that he does not see why rooftop open space would be needed on a multi-unit structure. 41 The Commission agreed to eliminate this provision. 42 43 Section 2. 05. 015M - Minimum Distallce Between Buildings and Minimum Size of Courts - 44 RMD and RHD Districts 45 Page 101 46 12 of 17 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 1 Mr. Whittenberg reviewed the proposed standards, noting that this would apply to multi- 2 unit structures, and would serve to increase privacy of primary living room windows, 3 main entry areas, and main living space. 4 5 Mike Bubbe commented that the DWP Property and the property on Marina and 1 st 6 Street have the potential for this type of development, so these standards should be 7 carefully reviewed. Chairperson Deaton noted that the proposed standards would allow 8 for more open space rather than less. 9 10 Commissioner Roberts inquired about the current zoning for the DWP property. Mr. 11 Whittenberg indicated that the zoning is for a 150-room hotel on the northerly 30 12 percent of the lot and 70 percent for passive open space. Commissioner Massa-Lavitt 13 inquired about the zoning for the property at 1 st Street and Marina Drive. Mr. 14 Whittenberg stated that this is currently an oil extraction zone and any changes in the 15 zoning would require General Plan Amendments, Zone Changes, etc. 16 17 Mrs. Bubbe stated that she totally approves of the courtyard idea and should there be 18 further building of multi-units in Old Town the density should be kept low with lots of 19 open space. 20 21 Section 2. 05. 015N - Building Entrallce 22 Page 102 23 24 Mr. Whittenberg stated that this is a new provision that requires defined entry ways with 25 articulation, as shown on Page 102, and applies to all residential development. 26 Commissioner Roberts said that in this regard his home, as well as many others in .27 College Park East (CPE) would be categorized as legal nonconforming. Eldon 28 Alexander asked if the required square footage would include stair steps off of porches. 29 Mr. Whittenberg stated that this would include a porch extension going out into the front 30 setback as opposed to a recess, but would not include the stairs. Chairperson Deaton 31 requested that Staff provide information on the building entrances in College Park East 32 (CPE) and confirmed that if a legal nonconforming structure were destroyed by fire or 33 earthquake, etc., the property owner could rebuild as it previously existed. Mr. 34 Whittenberg stated that this was true, as long as the new structure meets Building Code 35 requirements and specific Zoning Code (ZC) parking standards. 36 37 Section 2.05.0150 - Fa~ade Articulation -Lots Greater Thall 25 Feet in Width 38 Pages 103-/04 39 40 The Director of Development Services reviewed the provisions for fac;ade articulation 41 along the street frontage of homes on lots wider than 25 feet. He then described the 42 example as shown on Page 104. Chairperson Deaton stated that she would also like to 43 see fac;ade articulation on 25-ft. lots. Mr. Whittenberg explained that there is an 44 average setback requirement for homes in Old Town and most homes on 25-ft. lots are 45 articulated height wise rather than length wise, but if the Commission so desires, this 46 standard can include 25-ft. lots. Victor Grgas agreed that it is very difficult to articulate 13 of 17 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 1 the front of a home on a 25-ft. lot and noted that the best thing to do is to minimize one 2 side of the building. Commissioner Roberts commented that imposing too many 3 standards might create a problem with all of the homes looking the same. 4 5 SectioIl2.05.015P- Windows and Trim 6 Page 105 7 8 Mr. Whittenberg noted that these standards would create architectural interest and 9 shadow by using window recess, trim, or an alternative design. Eldon Alexander 10 questioned whether this feature might become tiresome. Mr. Whittenberg stated that 11 Staff could provide examples of different styles of homes with this window treatment. 12 Mr. Alexander questioned whether .a 2-inch depth requirement might be excessive. Mr. 13 Whittenberg noted that the new building code changes will lead to more homes with the 14 windows setback from the framing to conform to the 1-hour rating. 15 16 Sectioll 2. 05. 015Q - Porches 17 Pages 106-108 18 19 Mr. Whittenberg again stated that the proposed standards are meant to create 20 architectural diversity at the front of residential structures. He noted that porches are 21 not required, but if people want a porch, it would have to conform to the standards as 22 presented on Pages 106-108. With reference to Item 3 on Page 107, Mr. Whittenberg 23 explained that the initial proposal was to limit the width of the porch across the front of 24 the house, but the architects questioned the need to Iimitwidth. Commissioner Roberts 25 asked if a minimum setback from the property line for the bottom step should be 26 included. Mr. Whittenberg stated that Building Code prohibits any encroachment across 27 the property line and the minimum distance from the property line to the first step is 3 28 feet. Eldon Alexander asked how this would affect homes in CPE that have 29 crawlspaces. Mr. Whittenberg stated that homes in CPE are required to have an 18-ft. 30 front yard setback. 31 32 Section 2.05.015R-Additional FrolltSetbackAbove 14 Feet 33 Pages 109-111 34 35 The Director of Development Services explained that when walls exceed a height of 14 36 feet, an additional front setback will be required to ensure there is enough building offset 37 along the primary street-facing fac;ade of residential units. He then reviewed the table 38 on Page 110 in which the front step backs for various lot sizes are presented. Eldon 39 Alexander asked why pop outs could not be used here as well to help break up the wall 40 effect. Mr. Whittenberg indicated that allowable architectural projections don't 41 accomplish this effect at roof level, and the additional front setback significantly changes 42 the roof and wall lines. Chairperson Deaton stated that the diagram walls still look 43 straight up and down. Mr. Whittenberg explained that the area will change as the width 44 of the lot changes, and as the length of the 14-ft. high walls changes. He noted that 45 basically when the height of walls over 14 feet exceeds 70% of the maximum building 46 frontage, a stepback of at least 8% of the lot depth will be required, not to exceed 12 14 of 17 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 1 feet. Chairperson Deaton asked why this could not exceed 12 feet. Mr. Whittenberg 2 stated that this was because Staff does not want to create this effect for the entire 3 length of the building, as this standard is simply to provide some articulation at the front 4 of the building. Commissioner Roberts added that this would encourage 2nd floor street- 5 facing balconies. Warren Morton asked why a projection on the front fagade could .not 6 be used instead of a setback to create the articulation. Mr. Whittenberg stated that the 7 City only allows a 1-foot projection into required front yard setbacks and a 1-foot 8 projection would not create enough differentiation. 9 10 Sectioll 2. 05. 015U - Design of Building Additions 11 Pages 112-114 12 13 Mr. Whittenberg explained that this section provides examples of desirable and 14 undesirable design features for building additions, as proposed by Staff. He noted that 15 these standards are proposed to authorize the Director of Development Services to 16 determine whether a proposed addition meets the design provisions for additions, but 17 this decision can be appealed to the Planning Commission. Commissioner Roberts 18 confirmed that this would not be subject to an AUP. Mr. Whittenberg confirmed that this 19 was correct. Chairperson Deaton asked if an appeal fee would be required. Mr. 20 Whittenberg stated that it would be required to cover the cost of mailing public notices 21 and for the public hearing. 22 23 SectioIl2.05.015V - Curb Cuts and Driveways -RLD-9 District 24 Pages 115-117 25 26 The Director of Development Services explained that with regard to circular driveways, 27 all the circular portion ofthe driveway has to be behind the front yard setback line. 28 29 Section 2.05.015W -Maximum Driveway Width -RLD-9 District 30 Pages 118-119 31 32 The maximum proposed width of a driv!3way leading to parking facilities is 18 feet. 33 34 Section 2.05.0 15X - Limitation 011. Parking and Garage Frontage 35 Pages 120-127 36 37 No changes are proposed for the existing standards that require a Conditional Use 38 Permit for garages for more than 3 vehicles. Mr. Whittenberg then reviewed the 39 setback provisions for garages facing the street, as shown on Pages 124-127, and 40 indicated that the proposed standards attempt to address not having the garage door as 41 the primary visual feature of a house. Commissioner Rob.erts stated that in the case of 42 a rebuild he would like to see provisions to allow people to construct the garage in its 43 previous location, if they so desire, even if it is the primary front facade. Mr. 44 Whittenberg stated that this could be permitted with the requirement to add window 45 treatments or framing, etc., to help give the garage door better design articulation. 46 Chairperson Deaton stated that although she understands what Staff is attempting to 15 of 17 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 1 do, she agreed that these standards could be limiting and other alternative design 2 options should be explored. 3 4 Mr. Whittenberg then briefly reviewed the following sections noting that previous 5 discussion has been conducted on these standards. 6 7 Section 2.05.015Y - Minimum Permeable Surfaces - Maximum Paving in Street Facing 8 Yards 9 Pages 128-129 10 11 Section 2.05.015Z - Minimum Site Area Devoted to Landscaping 12 Page 130 13 14 Section 2.05.015AA - Required Planting on Downslope Lots 15 Pages 131-132 16 17 Section2.05.015CC-Pedestrian Walkways 18 Page 133 19 20 Section 2.05.015DD -Development Standardsfor 2-Story Cabana/Manufactured Homes 21 Pages 134-136 22 23 Mr. Whittenberg explained that the new proposed standards for 2-story cabanas would 24 require approval of an AUP to construct a 2-story caban~ or to establish a 2,.story 25 manufactured home within the Seal Beach Trailer Park. He also reviewed the proposed 26 size limitations for a 2-story cabana and the maximum permitted height for 27 manufactured homes and noted that the size limitation for the 2nd floor of 2-story 28 cabanas would not apply to manufactured homes. He emphasized that all setbacks for 29 2-story cabanas and manufactured homes shall be in conformance with Title 25, 30 California Administrative Code, and the City cannot modify these requirements. 31 32 Section 2. 05. 015EE - Old Ranch Town Center Development Plan Overlay 33 Page 137 34 35 36 After completion of the Study Session discussion, Chairperson Deaton inquired about 37 the discussion on the number of required parking spaces based upon the number of 38 bedrooms in a single-family residence (SFR). Mr. Whittenberg stated that at a previous 39 study session Staff was directed to return with standards that would not require as many 40 .parking spaces per bedroom. Chairperson Deaton stated that with the requirements for 41 open space and patios, it would be difficult to provide 3 parking spaces for a 4-bedroom 42 SFR, particularly on the smaller 25-foot wide lots. Mr. Whittenberg noted that as he 43 recalls, the discussion was to require a 3-car garage for homes with 5 or more 44 bedrooms. Commissioner Roberts stated that in College Park East (CPE), where 45 parking is not a major issue, there are many 5-bedroom homes that have a 2-car 16 of 17 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 City of Seal Beach Planning Commission Meeting Minutes of November 7, 2007 garage. Mr. Whittenberg stated that there was some discussion that in CPE the driveway area in front of the garage could be counted as required parking. Eldon Alexander asked whether the discussion on Section 4 has been completed. Mr. Whittenberg stated that other than the continuing discussion on required parking spaces and private open space requirements for multi-unit developments, Section 4 was completed at the October 3,2007, meeting. 8. Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning All Portions Except Chapter 2.05 Residential Districts To be continued to the scheduled meeting in December 2007. STAFF CONCERNS Mr. Whittenberg wished everyone a Happy Thanksgiving. COMMISSION CONCERNS None. ADJOURNMENT Chairperson Deaton adjourned the meeting at 10:47 p.m. Respectfully Submitted, (\ .A'\. ~<::\ IV'-. ~ f\ ~9,. Carmen Alvarez, Executive Secre~ Planning Department APPROVAL The Commission on December 5, 2007, approved the Minutes of the Planning Commission Meeting of Wednesday, November 7,2007. N~. 17 of 17