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HomeMy WebLinkAboutPC Min 1995-05-17 ,- r~' . . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA of MAY 17,1995 7:30 P.M. · City Couned Chambers 211 Eighth Street, Seal Beach, CA Next Resolution: #95-11 I. PLEDGE OF ALLEGIANCE n. ROLL CALL m. APPROVAL OF AGENDA By Mobon of the Planmng Commission, this is the time to: (a) NObfy the pubhc of any changes to the agenda; (b) Rearrange the order of the agenda; and/or (c) ProvIde an opportumty for any member of the Planning Commission, staff, or pubhc 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 regardmg any items within the subject matter jurisdiction of the Planning commission, provided that NO action or discussion may be undertaken by the Planning Commission 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 that a specific item be removed from Consent Calendar for separate action. 1. Approve Minutes of May 3, 1995 2. Receive and File: Staff Report re Omnibus Propelty Rights Act, S. 605, dated May 8, 1995. The Ctty of sw Beach CClIIIpbea with the Amcncans WIth DI88blhbel Act of 1990 If you need 88818t8ncc to aUcIId duB mectmc. p1casc tc1ephooc the CIty CIeJt'B Office at (310) 431-2527 at least 48 hours In advance of the mectmc . . . f Paac 2 - ClIy of Seal Beach PIamunc CcmmwIOO Agenda · May 17, 1995 VI. PUBLIC HEARINGS 3. Conditional Use Permit 95-3 [Continued from 5-3-95] Address: 550 Pacific Coast Highway, Suite 111 Business: Los Cabos Restaurant Applicant: David Bonadonna Property Owner: Jim Watson Request: To amend the hours of operation as set forth in CUP 95-3. Recommendation: Approve subject to Conditions of Approval and Adopt Resolution No. 95-_. 4. Variance 95-2 Address: Applicants: 1609 Island View Drive Norma Brandel Gibbs! Eric and Norma Jean Janssen Same As Applicants To vary from the required parking size requirements of the Residential Low Denisty (RID) zone for the proposed construction of a new two-car garage. The required size for a two car garages is 20 feet by 20 feet, interior dimensions. The applicant proposes a two car garage with interior dimensions of 19 feet by 20 feet. Due to the location of the existing residence on the subject property, it is not possible to provide the required size of a two-car garage on the subject property without either varying from the required side-yard setback of 5 feet or interior garage dimensions. Approve subject to Conditions of Approval and Adopt Resolution No. 95- . Property Owners: Request: Recommendation: VII. STAFF CONCERNS s. Information Memo: Staff Memo re Radisson Hotel, ABC license issuance. 6. Information Memo: Staff Memo re EI Burrito Jr., ABC license issuance. The CIIy of Seal Beach COIIIpbca wdh the Amcncans wdh DtsababtJca Act of 1990 If you ncccI ISSI8t8ncc to altcod lIua mcctmg, p1caac fe1ephooc the CIIy Clerk's Office at (310) 431-2527 at 1csst 48 houn In acIV8DCC of the mcctmg . . . Pagc 3 - CIty of Seal Beach PIaDmog Comnua81Cl11 Agenda · May 17, 1995 vm. COMMISSION CONCERliS 7. Consider Election of Chairman and Vice Chairman. Possibly July 19 instead of July 5, 1995 (Cornrni~ioner Brown) IX. ADJOURNMENT The CIty of Seal Beach comphca WIth the Amcncan8 wJth D188bdJbc8 Act of 1990 If you aced 888J8tJmcc to attead dua DJCCtuJg, plcuc tc1cpboac the CIty CIcrlt'8 Officc at (310) 431-2527 at 1cut 48 hours m advancc of the IIICdJDg . . . Pille 4 - ~ of Sea1 Beach PIaDnmg CmumBBIOII Agenda · May 17, 1995 1995 AGENDA FORECAST JUNE 07 City Council Chambers Review Bixby EIR with General Plan Amendment #95-1 Zone Change #95-1 VestIng Tentative Tract Map #_ JUNE 14 North Seal Beach Community Center ContInued MeetIng for Continued RevIew of Bixby Project JUN 21 City CouncIl Chambers Continued ReVIew of Bixby Project JUL 05 Election of Chairman & Vice Chairman JUL 19 AUG 09 AUG 23 SEP 06 SEP 20 OCT 04 OCT 18 NOV 08 NOV 22 DEC 06 DEC 20 The ~ of Sea1 Besch compbcs with the AmcnCIDB with OIBabWbcs Act of 1990 If you oeccIlBBlBfancc to aItmd th.. 1IICCIm&, pk:ue tclcphOllc the City C1crt'B OffICe at (310) 431-2527 at k:ut 48 hours m advance of the IIICCIm& . . . . Page 5 - ell)' of Seal Beach PIaJmmg CclmmuaKlll Agenda · May 17, 1995 1996: IAN FEB MAR APR MAY JUN CUP 92-11909 Ocean/El Burrito, Ir. CUP 95-1/1013 PCH/Pietro's CUP 94-1/600 MarinalRadisson 12 mos. ABC 12 mos. hours. 12 mos. ABC (TENTATIVE) The CIty of Seal Beach CClIIIpbcs with the AmcnCID8 With Duablhllca Act of 1990 If you need Ull8l1Dcc to aUcod tIua 1JICCbng, plcuc tcJepbQllC the C1l)' C1crt'. Officc at (310) 431-2527 at 1cut 48 hours m advllllCC of the IIICClIq CITY OF SEAL BEACH PLANNING COMMISSION . MINUTES of MAY 17, 1995 The City of Seal Beach Planning Commission met in regular session, at 7:30 p.m. in the City Council Chambers, with Chainnan Dahlman calling the meetIng to order with the Salute to the Flag. RQLL..CALL Present: Chairman Dahlman Commissioners Sharp, Campbell, Law, Brown Also Present: Dc;partment of Develo...pment Services: Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Administrative Assistant loan Fillmann, Executive Secretary APPROVAL OF AGE:trmA . MOTION by Brown; SECOND by Sharp to approve the Agenda as presented. MOTION CARRIED: A YES: 5-0-0 Brown, Sharp, Dahlman, Law, Campbell ORAL COMMUNICATIONS Chainnan Dahlman declared Oral Communications open. There were no oral communications and the Chairman declared the period closed. CONSENT CALENDAR Chainnan Dahlman said his .Yes. vote on a Motion would indicate his abstention on Item #1. MOTION by Sharp; SECOND by Law to approve the Consent Calendar: 1. Approve Minutes or May 3, 1995 2. Receive and File: Starr Report re Omnibus Propel1y Rights Act, S. 605, dated May 8, 1995. MOTION CARRIED: AYES: 5-0-0 Brown, Sharp, Dahlman, Law, Campbell . . PIp 2 - Clly "... ... ...... c-.- ...... "MIy 17. 1995 3. Conditional Use Permit 95-3 [Continued from 5-3-95] Address: Business: Applicant: Property Owner: 550 Pacific Coast Highway, Suite 111 Los Cabos Restaurant David Bonadonna Jim Watson Staff' R~port Mr. Curtis informed the Commission that last week the applicant submitted a revised appbcation which included a bar area. Because this revision is substantIally different than the proposal under consideration, an extension of the hours of operation, staff will need to re-Notice the application. . Commission Ouestions on Staff' Report The Commission expressed concerns that the Planning CommiSSIOn's June calendar is already heavily scheduled with the Bixby application and asked if this item could be delayed until July. Mr. Whittenberg said no, explaining the Permit Streamlimng Act mandates a Planning Commission take action within thirty days or a proposal would be deemed approved. MOTION by Sharp; SECOND by Law to continue Conditional Use Permit 95-3 to the June 21, 1995 Planning Commission meeting, to allow staff to re-Notice the revised application. MOTION CARRIED: A YES: 5-0-0 Brown, Sharp, Dahlman, Law, Campbell *.. 4. Variance 95-2 Address: Applicants " Property Owners: 1609 Island View Drive Norma Brandel Gibbs! Eric and Norma Jean Janssen Staff' Re,port Mr. Curtis delivered the staff report. [Staff report on flie in the Planning Department]. The applicants requested to vary from the required parking size requirements of the Residential Low Density (RLD) zone to allow for the proposed construction of a new two-car garage. The required size for a two-car garage is 20' x 20', interior dimensions and the applicants propose a two-car garage with interior dimensions of 19 feet by 20 feet. Due to the location of the . existing residence on the property, it's not possible to provide the required size of a two-car PIp 3 - CIty fII... BeIda "-aIc ('- ........ fII MIy 17, 1995 . garage without either varying from the required 5' side-yard setback or interior garage dimensions. Additionally, based on this request, staff believes the City should consider a Zoning Text Amendment (ZTA) making the minimum residential parking space width nine feet (9') throughout the City. Such a ZTA would bring many existing garages into conformity with the provisions of the municipal ~, provide uniformity in the City's residential parking requirements, allow a slight amount of flexibility when remodelmg and allow water heaters to be placed in the existing 20' x 20' garages where such equipment is currently prohibited due to setbacks. Commission Comments on Starr Report Commissioner Sharp asked if the house would be remodeled also? Mr. Curtis said yes, the applicants are proposing to add a master bedroom and bath and do other interior remodeling. The garage is the only item that does not meet ~ requirements. Commissioner Campbell asked if the proposed master bedroom would be over the old or the new garage? Mr. Curtis said it would be over the proposed garage. Public Rearm.: Chairman Dahlman asked if the City had received any correspondence regarding this proposal? . Ms. Fillmann said no. Nora Jean Janssen * 1609 Island View Drive Ms. Janssen said they will not be addmg a master bathroom at thIS time due to costs. Chairman Dahlman said State law applying to Variances requires thiS to be a unique application. He felt topography alone may not qualify this application for a VarIance. Mr. Curtis said the problem of inadequate space for a full-sized garage is caused by the Irregular shape and size of the lot, and the resultant location of the house on the lot. There is only 25' between the house and the side property line and twenty-six feet are needed to put in a full-size garage with the required setback. Mr. Curtis said there was nothing unique about the topography of this property . Commissioner Sharp said -Due to the fact that we have the property up there like it is, and the buildings up there like they are, I think that it qualifies very qUickly for it". No one wished to speak further in favor of or against this apphcation. Chairman Dahlman closed the Public Hearing. Chairman Dahlman asked the Assistant City Attorney to review the required Variance findings. Mr. Steele replied there are three findings required: . . . . "04 - CllJ crI Sell .... ...... c-'_ ...... crIMa7 I', 1995 1. 2. 3. The Variance will not adversely affect the General Plan; There are special circumstances applicable to the property, such as topography, size, shape, location and surroundings; The grant of a Variance would not be a special privllege. Staff has stated all three findings can be made based on the evidence in the staff report. Staff recommends, on the second finding, that special circumstances are applicable and strict application of the Code would make it a hardship to this property owner. Chairman Dahlman asked how many other homes in this area have similar circumstances and could apply for Variances? Mr. Curtis said he could not give an exact figure but said the majority of homes that are this model have enough space on the side, due to the location of the existing house, to put a garage in the front. Chairman Dahlman asked if the City were to proceed with a ZT A to correct this problem, would this Variance then expire when the ~ is changed? Mr. Steele said there would only be immunity from later applications of zoning requirements to the extent it is granted WIthin this Variance. Because the Variance is specifically limited to a one foot (I') Variance in the allowable width of the garage interior, that's the only extra right they would have. MOTION by Sharp; SECOND by Law to approve Resolution No. 95-11, approving Variante 95-2, subject to Conditions of Approval. MOTION CARRIED: A YES: 5-0-0 Sharp, Law, Brown, Dahlman, Campbell ... MOTION by Sharp; SECOND by Law to request staff approach the City Council if they would like the Planning Commiqion to proceed with a Zone Text Amendment, making the minimum residential parking space width nine feet (9') throughout the City. Before the vote, Commission Campbell said she did not approve of downsizing garages because not all cars are getting smaller, some are getting larger plus garages are used for storage. She felt downsizing would cut down on the quality of houses. She agreed when Chairman Dahlman noted that if a car doesn't fit into a garage it will wind up parked on the street. Commissioner Sharp said the size of the garage door would have to be regulated so it's big enough to allow vehicles to get in and park. Commissioner Brown said he thought it was a good idea to have the new suggestion standard throughout the City, noting this is a minimum dImension, not a requirement. Commissioner Law said the downsized garages would not present problems. MOTION CARRIED: AYES: NOE: 4-0-1 Sharp, Law, Brown, Dahlman Campbell .. . . . .. 5 . c., fII Sell &e.:Ia "--I C-'.- ...... fllMIy 17. 1995 Chairman Dahlman advised the applicant on the ten calendar-day appeal penod. 5. Information Memo: Starr Memo re Radisson Hotel, ABC license Issuance. 6. Information Memo: Starr Memo re EI Burrito Jr., ABC license Issuance. MOTION by Sharp; SECOND by Law to Receive and File items #5 and #6. MOTION CARRIED: A YFS: 5-0-0 Sharp, Law, Brown, Dahlman, Campbell COMMISSI.QN CONCElQ1S 7. Consider Election of Chairman and Vice Chainnan. Possibly July 19 instead of July 5, 1995 (Commi~loner Brown) Commissioner Brown said he cannot be present on July 5th and would appreciate the election being moved forward or back to allow him to participate. Mr. Steele said the municipal ~ requires the Commission elect a Chair as soon as practicable after the first of July. This most likely means the rust opportunity the Commission has after July 1st. MOTION by Sharp; SECOND by Law to hold the election of the Planning Commi~ion's Chairman and Vice Chairman on July 19, 1995. MOTION CARRIED: A YFS: 5-0-0 Sharp, Law, Brown, Dahlman, CampbeU Commissioner Campbell asked if the Planning Commission were bound by the Permit Streamlining Act or other legislation re the Public Hearings on the BIXby proposal? She asked what would happen if those Public Hearings are not concluded in June and Commissioner Brown was not present for the July 5th meeting? Mr. Whittenberg said the Commission could decide to continue the July 5th meeting to July 19th. Mr. Whittenberg explained appbcations for General Plan amendments and Zone Changes are considered to be legislative actions. Legislative actions are not subject to the Permit Streamlining Act Chairman Dahlman asked if an EIR would be subject to the Permit Streamlining Act? Mr. Steele said no, it's part of a legislative approval. -- . . . . " PIp 6. CIlJ. Sell BeIda...... c-.a_ MIIIIdeI....., 17, 1995 Chairman Dahlman noted the Environmental Quality Control Board (EQCB) will review the fmal EIR on the Bixby proposal on May 23rd. The EQCB will make a determination on adequacy of the final EIR to the Planning Commission. The Planning Commission will begin its review on June 7th. ~ It was the order of the Chair, with the consent of the Planning Commission, to adjourn the meeting until Wednesday, June 7th at 7:30 p.m. By unanimous consent, the meeting was adjourned at 8:00 p.m. Respectfully Submitted, QD~~O-r,~ Joan Fillmann Recording Secretary APPROVAL: The Planning Commission Minutes of May 17, 1995 were approved on June _, 1995. _