HomeMy WebLinkAboutPC Min 2007-12-05
City of Seal Beach Planning Commission
Agenda for December 5, 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. October 2007 Building Activity Report
2. Approve Planning Commission Meeting Minutes of December 5, 2007.
3. Receive and File: "How Should California Grow?" - Western City Magazine
4. Receive and File: "Workforce Housing Scorecard - 2007 Inaugural Edition,"
Orange County Business Council
VI. SCHEDULED MATTERS
None
City of Seal Beach Planning Commission. Agenda of December 5, 2007
VII. PUBLIC HEARING
5. Conditional Use Permit 06-3 (Indefinite Extension)
4000 Lampson Avenue (College Park Valero
ApplicanUOwner: Rakesh Bhakta: Nirvair Corporation
Request: Indefinite Extension of existing Conditional Use Permit
06-3 to operate a convenience market at an existing
automobile service station.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-61.
6. Conditional Use Permit 07-16
3901 Lampson Avenue (Old Ranch Golf Country Club)
ApplicanUOwner: Steve Kim - EWAI Architects / Old Ranch Country Club
LLC
Request: Addition of a 3,400 square foot banquet space; 200
square foot bridal suite; 3,500 square foot owner's
suite; and outdoor courtyard, including pool and spa.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-64.
7. Height Variation 07-7
705 Ocean Avenue
ApplicanUOwner: Edward Gulian / John & Sandy Starns
Request: To construct a Covered Roof Access Structure (CRAS)
in excess of the 25-foot height limit. Specifically the
applicant proposes to construct an approximately 4-ft.
6-in. by 5-ft. 3-in. elevator enclosure to exceed the
height limit by approximately 2 feet. Seven feet is the
maximum height variation permitted.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-63.
8. Variance 07-5
A-107 Surfside
ApplicanUOwner:
Marshalllninns / Ron and May LaLonde
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City of Seal Beach Planning Commission. Agenda of December 5, 2007
Request: To maintain existing primary access staircase to a
second floor which is located within the required side
yard setback area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-62.
9. Variance 07-6
914 Heron Circle
Applicant/Owner: Michael and Jean Cogan
Request: To construct an in-ground swimming pool, spa, pool
cabana, and pool equipment enclosure within the
required front yard setback area. Specifically, the
applicant proposes to construct an in-ground swimming
pool approximately 10 feet from the front property line
and a pool cabuna approximately 11 feet from the front
property line.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 07-66.
10. Mitigated Negative Declaration 07-1
General Plan Amendment 06-2
Zone Change 06-2
Planned Unit Development 06-1
1011 Seal Beach Boulevard (Seal Beach Townhomes)
(To be continued to Planning Commission meeting of January 23,2008)
Applica nt/Owner:
Don Wilson Builders
Request:
Don Wilson Builders is requesting approval of Mitigated
Negative Declaration 07-1; General Plan Amendment
06-2; Zone Change 06-2; and Planned Unit
Development 06-1 to accomplish the following actions:
o Adopt Mitigated Negative Declaration (MND) 07-1,
certifying that the MND has been prepared in
accordance with the provisions of the California
Environmental Quality Act (CEQA);
o Amend the Land Use and Housing Elements of
General Plan to designate a 4.49 acre property from
Light Industry to Residential High Density;
o Change the zoning designation on this parcel from
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City of Seal Beach Planning Commission . Agenda of December 5, 2007
Light Manufacturing (M-1) to Residential High
Density (RHD), District II to be consistent with the
General Plan revision; and
o Construct 87 new town home residences ranging in
size from approximately 1,300 to 1,748 square feet.
Recommendation: Pleasure of the Planning Commission.
VIII. STUDY SESSION
11. Study Session: Preliminary Draft - Municipal Code, Title 11, Zoning Code,
Chapter 5.00 Land Use and Zoning Decisions and Chapter 6.00 Terms and
Definitions
IX. STAFF CONCERNS
X. COMMISSION CONCERNS
XI. ADJOURNMENT
To adjourned meeting of January 9.2008, at 7:30 P.M.
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Dec 19
City of Seal Beach Planning Commission. Agenda of December 5, 2007
2007 AQenda Forecast
Meeting Cancelled
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of December 5,2007
Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, December 5,2007. 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, 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:
Commissioner Roberts
Mr. Whittenberg requested a motion to excuse Commissioner Roberts, as he had
reported to Staff that he would not be in attendance at tonight's meeting.
MOTION by Massa-lavitt; SECOND by Bello to excuse Commissioner Roberts from the
Planning Commission meeting of December 5,2007.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, DeLay, and Massa-Lavitt
None
Roberts
AGENDA APPROVAL
Mr. Whittenberg noted that at the applicant's request, Item No. 10 has been continued
to the Planning Commission meeting of January 23, 2008, and no testimony will be
taken tonight.
MOTION by Bello; SECOND by Massa-lavitt to approve the Agenda as presented.
MOTION CARRIED: 4 - 0 - 1
AYES: Deaton, Bello, DeLay, and Massa-Lavitt
NOES: None
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of December 5, 2007
ABSENT:
Roberts
ORAL COMMUNICATIONS
Chairperson Deaton opened oral communications.
Nancy Smith of 13th Street, Seal Beach, stated that she owns a double lot and is
planning to rebuild her home. She said she had purchased this property because of the
large rear yard, which she wishes to keep this way. She indicated that the rebuilt home
will essentially have the same footprint, but with the height restrictions she would not be
able to construct the home as designed, unless she uses the front yard as the rear yard.
Mr. Whittenberg suggested that Ms. Smith schedule a meeting with Staff to discuss the
site plan design to meet current Zoning Code (ZC) standards without having to go
through the Variance process. He noted that the role of the Planning Commission (PC)
is not to assist anyone in designing a project.
There being no one else wishing to speak, Chairperson Deaton closed oral
communications.
CONSENT CALENDAR
1. October 2007 Building Activity Report
2. Approve Planning Commission Meeting Minutes of November 7,2007.
3. Receive and File: "How Should California Grow?" - Western City Magazine
4. Receive and File: "Workforce Housing Scorecard - 2007 Inaugural Edition,"
Orange County Business Council
MOTION by Bello; SECOND by Delay to approve the Consent Calendar as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, DeLay, and Massa-Lavitt
None
Roberts
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
5. Conditional Use Permit 06-3 (Indefinite Extension)
4000 Lampson Avenue (College Park Valero)
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Meeting Minutes of December 5, 2007
1 Applicant/Owner: Rakesh Bhakta I Nirvair Corporation
2
3 Request: Indefinite Extension of existing Conditional Use Permit 06-3
4 to operate a convenience market at an existing automobile
5 service station.
6
7 Recommendation: Approval, subject to conditions, and adoption of Resolution
8 07-61.
9
1 0 Staff Report
11
12 Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning
13 Department.) He provided some background information on this item and noted that the
14 original application was for the 24-hour operation of a convenience store and a remodel
15 and addition of 490 square feet for the convenience store, as well as a 200-square foot
16 storage area at the rear of the building. He noted that this item was improperly noticed
17 as an indefinite extension for the 24-hour operation, and that at the previous approval
18 the Planning Commission (PC) had restricted the hours of operation from 5:00 a.m. to
19 midnight. He stated that as part of the approval the applicant had requested to make
20 improvements and changes to the property and the existing building, all of which appear
21 to have been made, with the exception of providing the required amount of parking
22 spaces. He indicated that presently there are 11 parking spaces, and the original
23 Conditional Use Permit (CUP) called for a minimum of 13 spaces, and noted that the
24 property does have adequate space to accommodate 13 spaces, if the parking lot is
25 re-marked. He stated that the police department has reviewed this application and has
26 no concerns with the indefinite extension of CUP 06-3. He indicated that the president
27 of the Old Ranch Townhomes Association, who initially had expressed concerns with
28 the operation of a convenience market, was contacted and he fully supports the
29 indefinite extension of this CUP, and indicated that there have been no problems. Mr.
30 Olivera then noted that Staff received a letter in opposition of 24-hour operation from
31 Ms. Jane Howland, a resident of the Old Ranch Townhomes.
32
33 Commissioner Questions
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35 None.
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37 Public HearinQ
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39 Chairperson Deaton opened the public hearing.
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41 The applicant, Rakesh Bhakta, stated that he would be happy to respond to questions.
42 Chairperson Deaton asked about the required parking. Mr. Olivera proceeded to
43 describe the locations for the current available parking stalls and noted potential
44 locations for the additional parking spaces.
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City of Seal Beach Planning Commission
Meeting Minutes of December 5, 2007
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
Commissioner Comments
None.
MOTION by Bello; SECOND by Massa-Lavitt to approve the Indefinite Extension of
Conditional Use Permit 06-3, subject to conditions, and adopt Resolution 07-61 as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-1-1
Deaton, Bello, and Massa-Lavitt
DeLay
Roberts
Mr. Abbe advised that the adoption of Resolution No. 07-61 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 07-16
3901 Lampson Avenue (Old Ranch Golf Country Club)
Applicant/Owner: Steve Kim - EWAI Architects IOld Ranch Country Club LLC
Request: Addition of a 3,400 square foot banquet space; 200 square
foot bridal suite; 3,500 square foot owner's suite; and
outdoor courtyard, including pool and spa.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-64.
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
property has been developed as a golf course, driving range, and clubhouse since
approximately 1967 and in 1992 a Conditional Use Permit (CUP) was issued for an on-
sale alcohol license at the premises. He indicated that generally as part of these
approvals a new CUP is required whenever a substantial change takes place within the
operation of a business or the nature of the premises. He explained that this project
would result in the reduction of the existing parking; however, as indicated in the Staff
Report, remaining parking will be adequate to serve all of the property functions, but
Staff reserves the right to impose additional measures with regard to parking should the
existing parking facilities prove functionally inadequate once the project is operational.
Mr. Olivera then stated that Staff had initially expressed concerns regarding the flood
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1 retention basins on the property, and the applicant has provided Staff with a site map
2 showing elevation contours superimposed onto the project site map. He noted that
3 Staff is satisfied that all new construction will occur well outside of any delineated flood
4 zones and construction will not adversely affect the flood retention basins.
5
6 Commissioner Questions
7
8 Chairperson Deaton asked how a residential owner's unit could be constructed when
9 this property is zoned for Recreational/Golf. Mr. Olivera stated that as long as the use
10 of this unit is restricted to the owner or a guest of the owner, Staff did not see any
11 problem with allowing this. He explained that the unit would be used as a suite while
12 the owner is in town, or for the entertainment of guests, but not as permanent living
13 quarters, nor would it be rented out on a monthly basis. He noted that this restriction
14 would be included in the Conditions of Approval. Commissioner Massa-Lavitt stated
15 that she also has a problem with this, noting that she sees three separate units on the
16 plans, each with separate access from the foyer. She asked if there were anything in
17 the Zoning Code (ZC) that allows a residential unit in this zoning district. Mr. Olivera
18 stated that Staff found nothing in the ZC that allows a specific residential type use,
19 which is why Staff proposes to stipulate that it only be used on a temporary basis while
20 the owner is on the premises, or for a guest of the owner. Commissioner Bello asked
21 how this would be monitored, to which Commissioner Massa-Lavitt responded there
22 would be no way to monitor this, unless a complaint is received. She then inquired if
23 the swimming pool and spa would be for the use of club members. Mr. Olivera
24 confirmed that this was correct. He noted that the owners are also reconfiguring the
25 perimeter wall and raising its height to 6 feet, as well as adding a guardhouse at the
26 entrance to the property. Commissioner DeLay stated that he has no objections to this
27 request.
28
29 Public Hearino
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31 Chairperson Deaton opened the public hearing.
32
33 Mr. Steve Kim of EWAI Architects stated that when the new owners took over they
34 made a commitment to make this location a top notch country club. He then provided a
35 three dimensional visual presentation of the proposed project and explained the design.
36 He explained that the owner lives in Los Angeles and visits the Old Ranch Golf Course
37 on Tuesdays and Thursdays and would like to have a space to stay. He noted that this
38 unit would not be rented, but would be used for the owner and close friends and family
39 members visiting the golf club. He indicated that the owner has no objection to the
40 Conditions of Approval and agrees to abide by them.
41
42 Peter Lam, General Manager of Old Ranch Country Club, stated that he has worked at
43 the country club for 16 years and is very pleased with the work done by EWAI
44 Architects. He explained that the clubhouse has always lacked open space for use by
45 the members and the existing terrace is quite small. He stated that this addition,
46 particularly the courtyard and swimming pool, will give the members great amenities.
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1 He said the additional banquet space will provide more room for events, most of which
2 are fund raising tournaments with a high turnout. He explained that the goal is to
3 provide a top notch resort style country club for the members, and this addition will
4 create this. He stated that the owner, Dr. Cho, is a physician, and the owner's suite will
5 provide space for he and his family when they visit the country club. Commissioner
6 Bello asked if there would be valet parking when large weddings are held at the club,
7 and where would the cars be parked. Mr. Lam stated that there would be valet parking
8 and the existing parking lot is large enough to accommodate large groups. He said
9 some of the existing spaces will be converted to compact car spaces creating even
10 more parking. He indicated that most events for large groups take place on Saturday
11 evenings, and golfers are usually gone by then, so there is no shortage of parking.
12
13 Joyce Parque spoke in favor of approval of Conditional Use Permit 07-16.
14
15 Mr. Kim noted that the City requires 282 parking spaces and the property has 316
16 parking spaces.
17
18 Carla Watson questioned the inclusion of a residential unit within this zoning district.
19 She stated that she is a member of the country club and does not recall being polled as
20 to whether she favored having a swimming pool at the club.
21
22 Dr. Kyung Ku Cho, owner of the country club, stated that he lives in West Los Angeles
23 and visits the country club weekly. He said that he wishes to make this a top notch club
24 and indicated that he has 4 children and would like to have his family spend the
25 weekends at the club. He stated that he hopes to continue to improve upon the existing
26 country club to make it a great asset to the community.
27
28 There being no one else wishing to speak, Chairperson Deaton closed the public
29 hearing.
30
31 Commissioner Comments
32
33 Commissioner Massa-Lavitt stated that the architectural design is quite nice and the
34 swimming pool and banquet facilities and bridal suite will fit in well. She said she is still
35 concerned with having a residential unit in a zone that does not permit residences, but if
36 the owner wishes to create a "boutique hotel" with 10-15 units on the site, this is
37 permitted in the RIG Zone and would be acceptable. Mr. Abbe stated that if it is the
38 pleasure of the PC to allow for this suite, he would recommend attaching a condition to
39 restrict the use to temporary stays, but as the PC has stated, this would be difficult to
40 enforce. He said that if this were an application to put a residential unit on the golf
41 course, he would agree that this would not be compatible. He explained that the R/G
42 Zone allows for recreational uses, meeting rooms, maintenance uses, and he believes
43 that the PC could allow a temporary occupancy to help facilitate these uses.
44 Chairperson Deaton asked if there were a way of revising the permitted uses for this
45 zone. Mr. Abbe stated that the PC could review this issue. Mr. Whittenberg stated that
46 Staff had expressed the same concern during discussions with the applicant, and did
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1 check with other privately owned country clubs within Southern California and found that
2 they do provide timeshares or hotel rooms for overnight accommodation. Chairperson
3 Deaton asked what type of zoning this entails. She said that she does not have a
4 problem in granting this request, but she does have a problem in approving something
5 that might make specific zone provisions null and void. Mr. Whittenberg stated that
6 Staff believed that they were looking at an accessory use to the operation of the golf
7 course, for the owner's use while on the property. He indicated that the applicant has
8 been informed that in order to have any other type of residential, they would require a
9 Zone Text Amendment (ZTA) to allow other overnight accommodation uses. He added
10 that the PC has the right to deny this portion of the application, and should the applicant
11 choose to pursue this, he would have to apply for a ZT A. Chairperson Deaton stated
12 that based upon Dr. Cho's comments this would really be functioning as a residential
13 unit and should have a ZT A. She asked how long this process would take. Mr.
14 Whittenberg stated that this would generally take approximately 4-6 months.
15 Commissioner Massa-Lavitt asked if this could be tied into the Zoning Code revisions
16 currently in progress. Mr. Whittenberg stated that this could be done, but the same time
17 frame would be involved for approval of the Final Draft. Chairperson Deaton asked
18 about tying this to occupancy. Mr. Whittenberg stated that use could be limited to the
19 owner and his immediate family and guests. Chairperson Deaton stated that this could
20 be a Condition of Approval along with the requirement that the applicant submit an
21 application for a ZTA. Mr. Whittenberg explained that granting approval subject to
22 acquiring a ZT A would require public hearings and approval by the PC and City Council,
23 and no one can guarantee that what is proposed would be adopted. He indicated that
24 the PC could approve the project without the residential component and if the applicant
25 wishes to pursue this, he can apply for the ZTA. Chairperson Deaton suggested
26 continuing this item until Commissioner Roberts is present to provide his comments.
27 Mr. Whittenberg stated that this was fine, but he is not certain what Commissioner
28 Roberts' schedule may be, as he is having surgery and Staff does not know the length
29 of the recovery period required. He noted that this item could be continued to the PC
30 meeting of January 9, 2008, with the understanding that it may be necessary to
31 continue it again to the meeting of January 23, 2008. Commissioner Massa-Lavitt
32 suggested approving the two-story construction as banquet space, the applicant could
33 later apply for the ZTA, and if approved, the applicant could then remodel the upstairs
34 portion and construct the three-bedroom unit. Mr. Whittenberg stated that Staff has not
35 calculated what the additional parking requirement would be for the additional banquet
36 facility, and it may put the applicant over the allowed parking. He again recommended
37 denying the residential unit and approving all of the other proposes projects, and if the
38 applicant wishes to apply for the ZTA, he may do so at a later time. Chairperson
39 Deaton asked to reopen the public hearing.
40
41 Chairperson Deaton re-opened the public hearing.
42
43 Steve Kim noted that other remodeling at the country club has already begun, and as
44 soon as this is complete the applicant hoped to move forward with the addition.
45 Chairperson Deaton asked if postponing a decision until January 9, 2008, would create
46 a problem for the applicant. Mr. Kim stated that he did not foresee that this would be a
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1 problem. He added that the kitchen could be eliminated from the residential unit, and
2 the PC could then approve this without it being considered a full residential unit.
3
4 Mike Bubbe stated that although the Old Ranch Country Club does benefit the City of
5 Seal Beach, he questioned the legal interpretation of the Zoning Code (ZC) text with
6 regard to what would be permitted in a Recreational/Golf Zone, and noted that even if
7 the living unit were approved without the kitchen, this would not eliminate the possibility
8 of the kitchen being constructed at a later time. He commented that the Ayres Hotel is
9 located right across Lampson Avenue and would be available should someone need
10 overnight accommodations.
11
12 Mr. Kim again proposed eliminating the kitchen and adding more space onto the bridal
13 suite and the banquet hall, and having the space designated for the residential unit
14 serve as "one big living room area" rather than an actual residence.
15
16 There being no one else wishing to speak, Chairperson Deaton closed the public
17 hearing.
18
19 Chairperson Deaton asked if eliminating the kitchen would remove the residential
20 zoning designation. Mr. Whittenberg stated that technically it would; however, the PC
21 must consider that the unit would probably have a wet bar with an under-counter
22 refrigerator and perhaps a microwave, and would essentially still serve as a kitchen
23 area. He noted that the applicant could be required to record a covenant on the
24 property stating that it would not use the unit as a residence. Chairperson Deaton
25 suggested placing a covenant on this unit, noting that her concern is also related to
26 what might occur should a new owner take over the country club. Mr. Whittenberg
27 stated that there are two options:
28
29 1. Deny the residential unit and approve the remainder of the project, and allow the
30 applicant to apply for a ZT A to allow this type of use within the R/G Zone,
31
32 2. Consider an accessory use to the operation of the country club and impose a
33 condition that would allow the unit subject to recordation of a covenant stipulating
34 that the unit can only be for the personal use of the owner of the property, his
35 immediate family, and guests while he is on the property.
36
37 Mr. Abbe stated that requiring a covenant would probably be the right way to go, but he
38 cautioned that it would be difficult to enforce anything of this nature. He noted that
39 given the applicant has no problem with waiting until January 9th, he would suggest
40 waiting until then to allow Commissioner Roberts to comment.
41
42 Commissioner Massa-Lavitt asked what is allowed as an accessory use within the R/G
43 Zone. Mr. Whittenberg stated that the ZC does not specify. Commissioner Bello asked
44 if even with the covenant would there be any way of enforcing this? Mr. Abbe stated
45 that if a complaint were received, enforcement would commence. Mr. Whittenberg
46 explained that when covenants have been recorded on single-family residences (SFR)
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stating that the use be only for a single family, occasionally Staff will receive complaints
that a conversion has been done to create a second living unit on the property, and
most of the time the complaints are not valid, but there have been instances where this
has occurred. He noted that it does take a complaint to activate an investigation, and a
residential unit on this large golf course property would not impact anyone in the
surrounding area such as to prompt a complaint. Chairperson Deaton stated that a
covenant would probably be the best way to deal with this, but she would like to allow
for Commissioner Roberts to comment.
MOTION by Massa-Lavitt; SECOND by Bello to continue the public hearing for
Conditional Use Permit 07-16 to the Planning Commission meeting of January 9,2008.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, DeLay, and Massa-Lavitt
None
Roberts
Mr. Abbe requested that Chairperson Deaton re-open the public hearing so that this
item would not have to be re-noticed.
Chairperson Deaton re-opened the public hearing.
7. Height Variation 07-7
705 Ocean Avenue
Applicant/Owner: Edward Gulian / John & Sandy Starns
Request: To construct a Covered Roof Access Structure (CRAS) in
excess of the 25-foot height limit. Specifically the applicant
proposes to construct an approximately 4-ft. 6-in. by 5-ft. 3-
in. elevator enclosure to exceed the height limit by
approximately 2 feet. Seven feet is the maximum height
variation permitted.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-63.
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
existing building is a 3-story structure, which is nonconforming due to a lot width of 25
feet. He indicated that the plans submitted show a restroom at roof level, which by
Zoning Code (ZC) would make this deck access area habitable space, and as such
would be prohibited. He stated that after viewing the plans and visiting the site, Staff is
recommending that the restroom be eliminated and that the stairway and elevator
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access be the only enclosed covered areas above the 2nd floor, other than attic space,
and this condition has been added to Resolution 07-63. Chairperson Deaton asked if
the CRAS is to be enclosed. Mr. Olivera confirmed that the roof access would be
enclosed, and emphasized that without the restroom the structure would not exceed the
25-ft. height limit; only the elevator shaft will exceed the height limit by 2 feet.
Commissioner Questions
Commissioner Bello asked if with the elimination of the restroom the covered area
would be smaller than initially indicated on the plans. Mr. Olivera stated that the
covered area would remain the same size and falls within the 25-ft. height limit, with the
exception of the elevator shaft.
Public Hearino
Chairperson Deaton opened the public hearing.
Edward Gulian, architect for this project, stated that this is an existing single-family
residence (SFR) within the RHD Zone, and the project involves a complete remodel
retaining all exterior walls and creating a roof deck on the top level. He noted that the
home next door is a 3-story home with a roof deck on a 37.5-ft. lot, so this project would
not be out of character with the surrounding neighborhood. He indicated that the CRAS
is to be located at the center of the home and would not be visible from any angle and
the enclosed structure is strictly for roof access.
Eldon Alexander spoke in support of this project.
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
Commissioner Comments
Chairperson Deaton asked if the CRAS does not exceed the 25-ft. height limit, does this
create an issue with a 3-story structure in the RHD district. Mr. Whittenberg stated that
this would only be the case if there were habitable space on the roof level.
MOTION by Massa-Lavitt; SECOND by Bello to approve Height Variation 07-7, subject
to conditions, and adopt Resolution 07-63 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, DeLay, and Massa-Lavitt
None
Roberts
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1 Mr. Abbe advised that the adoption of Resolution No. 07-63 begins a 10-day calendar
2 appeal period to the City Council. The Commission action tonight is final and the
3 appeal period begins tomorrow morning.
4
5 8. Variance 07-5
6 A-107 Surfside
7
8 Applicant/Owner: Marshalllninns / Ron and May LaLonde
9
10 Request: To maintain existing primary access staircase to a second
11 floor which is located within the required side yard setback
12 area.
13
14 Recommendation: Approval, subject to conditions, and adoption of Resolution
15 07-62.
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 the
21 public notice originally listed a 10-ft. deep second floor deck as part of this variance, but
22 Staff has since discovered that the ZC was changed in April 2000, via Zone Text
23 Amendment 99-4, to allow 10-ft. decks on the 1st or 2nd floor within Surfside, but not
24 both. He noted that contrary to what the Staff Report states, the 1 st floor is not to
25 remain the same, as the property currently sits on pilings, with the 1 st floor above grade
26 level, and as proposed in the plans, the new construction will result in a similar situation
27 as exists on many of the properties within A Row, that have a 1 st floor that is
28 compressed and sits a little lower than grade level, with 2nd floor access that serves as
29 the entry to the primary living area. He indicated that the ZC for Surfside does allow for
30 up to a 2.5-ft. staircase above grade. He stated that the existing staircase is
31 approximately 5 feet above grade, with the new staircase to be elevated approximately
32 9 feet above grade. He noted that ZC allows for a maximum encroachment of 3 feet
33 into the required side yard setback, which is what is proposed for this project.
34
35 Commissioner Questions
36
37 None.
38
39 Public Hearino
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41 Chairperson Deaton opened the public hearing.
42
43 Marshall Ininns, architect for the project, stated that the remodeled home would be
44 approximately the same size, but what makes it unique to some of the other homes in
45 Surfside if the 10-ft. public access area next to this home. He also noted that the home
46 behind A-107 has a similar raised deck and walkway, so there would be no blockage of
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view from B Row. He stated that the Surfside Homeowners Association has approved
this project and the access way will be improved with completion of this project.
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
Commissioner Comments
Chairperson Deaton asked if this project were similar to a Surfside project previously
presented to the PC. Mr. Whittenberg stated it is similar, and there are a number of
properties in Surfside with elevated main living areas, with many conditioned this way
under old Coastal Permits, due to storm surge concerns during winter storms. He noted
that when approving this type of request, the City attempts to approve them on the
same side of all homes so that the stairways do not abut one another.
MOTION by Bello; SECOND by Massa-Lavitt to approve Variance 07-5, subject to
conditions, and adopt Resolution 07-62 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, DeLay, and Massa-Lavitt
None
Roberts
Mr. Abbe advised that the adoption of Resolution No. 07-62 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
9. Variance 07-6
914 Heron Circle
Applicant/Owner: Michael and Jean Cogan
Request: To construct an in-ground swimming pool, spa, pool cabana,
and pool equipment enclosure within the required front yard
setback area. Specifically, the applicant proposes to
construct an in-ground swimming pool approximately 10 feet
from the front property line and a pool cabana approximately
11 feet from the front property line.
Recommendation: Approval, subject to conditions, and adoption of Resolution
07-66.
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
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property has a curvilinear front property line, so that one end of the property where the
front meets the side is significantly rearward of the house, creating a distorted lip ie-
shaped" lot, with the rear wider than the front, making the side yard mostly unusable.
He provided photographs of the property and described the locations of the pool, spa,
cabana, and equipment enclosure.
Commissioner Questions
Commissioner DeLay asked if the homes are all surrounded by cinder block walls. Mr.
Olivera confirmed that this is correct. He added that the pool would not be visible from
the public right-of-way, but the cabana will extend above the fence height.
Commissioner Massa-Lavitt asked if the required 6-foot fence is to be constructed
around the pool area. Mr. Olivera stated that there is an existing perimeter wall, but the
ZC would require an additional fence around the pool or gates that would prohibit
access to the pool area. Commissioner Massa-Lavitt asked how high the perimeter wall
is. Mr. Oliver stated it is approximately 6 feet high.
Public Hearino
Chairperson Deaton opened the public hearing.
Kelly Rasmussen, landscape architect for this project, stated that because of its unique
shape this property presented some challenges trying to incorporate all of the desired
elements. He noted that he has attempted to emphasize the Mediterranean style of the
home, which has a turret structure at the main entry. He stated that aside from the
perimeter wall there will be a 5-ft. security fence separating the front entry from the pool
area.
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
Commissioner Comments
None.
MOTION by Massa-Lavitt; SECOND by DeLay to approve Variance 07-6, subject to
conditions, and adopt Resolution 07-66 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, DeLay, and Massa-Lavitt
None
Roberts
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Mr. Abbe advised that the adoption of Resolution No. 07-66 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
10. Mitigated Negative Declaration 07-1
General Plan Amendment 06-2
Zone Change 06-2
Planned Unit Development 06-1
1011 Seal Beach Boulevard (Seal Beach Townhomes)
(To be continued to Planning Commission meeting of January 23, 2008)
Applicant/Owner:
Don Wilson Builders
Request:
Don Wilson Builders is requesting approval of Mitigated
Negative Declaration 07-1; General Plan Amendment 06-2;
Zone Change 06-2; and Planned Unit Development 06-1 to
accomplish the following actions:
o Adopt Mitigated Negative Declaration (MND) 07-1,
certifying that the MND has been prepared in
accordance with the provisions of the California
Environmental Quality Act (CEQA);
o Amend the Land Use and Housing Elements of General
Plan to designate a 4.49 acre property from Light
Industry to Residential High Density;
o Change the zoning designation on this parcel from Light
Manufacturing (M-1) to Residential High Density (RHD),
District II to be consistent with the General Plan revision;
and
o Construct 87 new town home residences ranging in size
from approximately 1,300 to 1,748 square feet.
Recommendation: Pleasure of the Planning Commission.
At 9:03 Mr. Whittenberg requested a brief recess to prepare for the Study Session.
The meeting reconvened at 9:08.
STUDY SESSION
11. Study Session: Preliminary Draft - Municipal Code, Title 11 J Zoning Code, Chapter
5.00 Land Use and Zoning Decisions and Chapter 6.00 Terms and Definitions.
Mr. Whittenberg stated that he anticipates that this will be the last study session, and
based upon direction from the PC tonight, Staff will take all comments, including those
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1 from previous study sessions, and incorporate them into a Final Draft of the Zoning
2 Code (lC) and for presentation at the January 23, 2008 meeting.
3
4 The Director of Development Services then referred to Table 5.05.025, provided as a
5 supplement to the Staff Report, which lists the review authorities for various types of
6 discretionary actions, as set forth through the entire proposed ZC. He indicated that the
7 yellow highlighted items reflect specific direction given by the PC at the meeting of June
8 6, 2007. He explained that there are two main categories: the Administrative Use
9 Permit (AUP) process, and Conditional Use Permit (CUP) process. He noted that the
10 AUP process is a new process that is very similar to the Minor Plan Review (MPR)
11 process, and Staff has placed the less controversial items that would not require regular
12 PC review within the AUP category. He noted that the land use entitlements are broken
13 down by ZC Chapter and these standards will be placed in the Final Draft. He then
14 briefly reviewed the highlighted items describing the changes made based upon
15 direction from the PC. Chairperson Deaton asked if the Final Draft would include
16 highlighting of the changes made by the PC. Mr. Whittenberg stated that Staff will
17 provide an Appendix document that will include all of the meeting minutes for the study
18 sessions conducted as well as the presentation materials used during these meetings,
19 responses to comments received, and any tables provided.
20
21 The Director of Development Services then referred to Chapter 5.00 on page 109 of the
22 Preliminary Draft ZC and noted that this chapter serves as the main administrative
23 portion of the ZC that includes the following sections:
24
25 Review Authority
26 General Procedures
27 Legislative Actions
28 Development Permits
29 Director Determination
30 Environmental Review
31
32 He briefly reviewed the contents of each Section and noted that the majority of the
33 information in Chapter 5, with the exception of the establishment of the AUP process,
34 basically reflects how the City operates today, and little has really changed. He pointed
35 out that notice for public hearing items has changed from a 300 foot radius to 500 feet,
36 notice for Minor Plan Reviews will remain a 100-foot radius, and notice for AUPs will be
37 a 300-foot radius. He noted that the increase in the noticing radius for public hearings is
38 a result of state conflict of interest provisions indicating that as a decision maker if your
39 property is within 500 feet of the property in question, you are deemed to have a
40 conflict, and if you receive a notice on a public hearing, you will know that there is a
41 conflict and you must abstain from participating in the public hearing. He pointed out
42 that if notices to be delivered number more than 1,000, instead of a mailed notice the
43 City may provide notice by placing a display advertisement in at least 1 newspaper at
44 least 10 days prior to the hearing.
45
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1 Mr. Whittenberg then reviewed the required findings for approval of a CUP, Variance,
2 and AUP, followed by a brief discussion on Chapter 5.25, Director Determinations.
3
4 The Director of Development Services then explained that Chapter 6.00 consists of the
5 Terms and Definitions portion of the ZC. He indicated that proposed additions to the
6 current content as shown on pages 138-146 consist mainly of graphic representations
7 of ideas of what terms and definitions actually mean. He briefly reviewed the graphic
8 representations and noted that the new ZC will include many of these.
9
10 Mr. Whittenberg indicated this ends the Staff Report and noted that unless the
11 Commissioners have questions regarding administrative issues, Staff is prepared to
12 begin work on the Final Draft Zoning Code, which will incorporate all of the changes
13 discussed during the study sessions. He stated that this draft will be ready for
14 presentation at the PC meeting of January 23, 2008, and after review Staff will prepare
15 the environmental review document (Mitigated Negative Declaration [MND]) for public
16 circulation followed by the public hearings on the ZC, which should begin at the end of
17 March or beginning of April 2008. Commissioner Massa-Lavitt asked what would be
18 mitigated in the MND. Mr. Whittenberg stated that he is not certain, but there may be a
19 couple of issues that will require mitigation measures, but there will definitely not be an
20 Environmental Impact Report (EIR). He then thanked the Commission and the public
21 for their time and participation in this process. Commissioner Massa-Lavitt stated that
22 Mr. Whittenberg and Staff have done "a magnificent job" on this huge undertaking.
23 Chairperson Deaton also thanked Staff.
24
25 Joyce Parque asked about microwave dishes that are installed without notice to
26 surrounding residents. Mr. Whittenberg indicated that the City Attorney will be providing
27 text for this in the Final Draft. Ms. Parque then stated that she is not clear on why there
28 are no parking requirements for houses in the Seal Beach Trailer Park (SBTP). Mr.
29 Whittenberg explained that the SBTP is governed by an old Unclassified Use Permit
30 (UCP) and is required to have a common parking area on the property for the use of all
31 residents, and is not required to have parking for each individual space. Ms. Parque
32 stated that perhaps parking requirements should be imposed, as now 1,700-1,800
33 square foot homes are going into the park. She noted that originally there were only
34 trailers in the park that could be moved, but the homes that are there now have
35 concrete foundations rather than a chassis and cannot be moved. She stated that the
36 pre-fabricated homes being brought into the park are huge. She also suggested
37 changing the zoning for the DWP property to residential. Mr. Whittenberg stated that
38 the DWP property is controlled by a Specific Plan (SP), which is not part of the ZC, and
39 an application to amend the SP would have to be made. Chairperson Deaton asked if
40 the City has any authority over the SBTP. Mr. Whittenberg explained that the City has
41 the authority to approve or deny 2-story cabanas, or any proposed structure with 2nd
42 floor living area must come before the PC for review and approval. He added that state
43 law changed in 2007 regarding trailer space adjustments, requiring agreement of the
44 park owner(s) and that of adjoining trailer space occupants, but the City no longer has
45 the authority to approve or deny these requests. He noted that trailer parks in California
46 are governed by Title 25 of the California Code of Regulations. Chairperson Deaton
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1 then commented that it appears Ms. Parque is stating that the SBTP is now being
2 converted into a high density housing tract. She asked if zoning for the SBTP appears
3 in the ZC. Mr. Whittenberg explained that with regard to the SBTP the ZC only
4 discusses construction of 2-story cabanas, and everything else is done administratively.
5 Chairperson Deaton asked if the state is allowing this to happen. Mr. Whittenberg
6 stated that this discussion is straying too far from the issue of the ZC and suggested
7 adding this discussion to a future agenda. Mr. Abbe added that the City is currently
8 exercising the maximum amount of control allowed over the SBTP. Chairperson
9 Deaton requested that this issue be placed on a future agenda. Mr. Whittenberg stated
10 that he would be happy to meet with Ms. Parque after the first of the year to respond to
11 any questions she might have related to the trailer park. With regard to the DWP
12 property, Chairperson Deaton stated that as she understands, the applicant would have
13 to apply for a change in the SP. Mr. Whittenberg stated that the property owner always
14 has the right to request a change to a SP on his or her property. He noted that a
15 property owner can request to revise the SP, adopt a new SP, or delete the SP and
16 approve some other land use entitlement. He stated that the property owners made a
17 request several years ago to eliminate the current SP and approve a land development
18 on the site and had submitted an application along with plans, which Staff reviewed and
19 found to be incomplete, so Staff notified the property owners of the deficient items and
20 they have never responded. Mr. Whittenberg indicated that over the years Staff has
21 spoken with hundreds of people regarding what can be done on this property, but
22 because it is under the SP, the only way that something else can happen on this
23 property, is for an application to be submitted to revise the SP, adopt a new SP, or
24 delete the SP and approve some other land use entitlement. He noted that the only
25 other way would be for the City to initiate this process, and this would require City
26 Council direction.
27
28 Mr. Bubbe thanked Staff, the Planning Commission, and the public for all of the work
29 done on the ZC. He then referred to pages 120, 132, and 135 of the Draft ZC noting the
30 discussion on a 5% expansion of the floor or lot coverage devoted to the approved use
31 or uses. He requested clarification on why these would be granted. Mr. Whittenberg
32 stated that he would have to refer to the actual language in the Proposed ZC. He
33 indicated that generally these proposed standards would allow for slight variations
34 based upon a particular issue that may exist due to an unusually lot configuration where
35 a Variance would not be required. He stated that he would be happy to meet with Mr.
36 Bubbe to go over this section and respond to his concerns.
37
38 STAFF CONCERNS
39
40 Mr. Abbe wished everyone a Happy Holiday Season and Happy New Year.
41
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43 COMMISSION CONCERNS
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1 Chairperson Deaton wished everyone a Happy Hanukkah, Happy Holidays, and a
2 Happy New Year, and thanked everyone for their participation in the study session
3 process.
4
5 ADJOURNMENT
6
7 Chairperson Deaton adjourned the meeting at 10:00 p.m.
8
9
10 Respectfully Submitted,
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12
13
14 Carmen Alvarez, Executive Secret
15 Planning Department
16
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18 APPROVAL
19
20 The Commission on January 9, 2008, approved the Minutes of the Planning
21 Commission Meeting of Wednesday, December5, 2007. Cb--;
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