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HomeMy WebLinkAboutPC Min 1995-10-18 . . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of OCTOBER 18, 1995 The City of Seal Beach Planning Commission met in regular session at 7:30 p.m. m the CIty Council Chambers, WIth Chairperson Campbell calling the meetmg to order with the Salute to the Flag. . ROLL CALL Present: Chairperson Campbell Commissioners Sharp, Law, Brown Also Present: Department of Develqpment Services Lee Whittenberg, Director Joan Flllmann, Executive Secretary Absent: Craig Steele, Assistant City Attorney Barry Curtis, Administrative Assistant Delayed: Commissioner Dahlman Staff received a telephone call from Commissioner Dahlman mdicating he might be delayed due to a surgery being added to his schedule at 6:00 p.m. AddItionally, Mr. Steele asked to be excused from attending this meeting as he had a League of CalIfornia CItIes presentatIon to prepare. MOTION by Sharp; SECOND by Brown to excuse any absence Commissioner Dahbnan may have this evening due to his work schedule. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Brown, Campbell, Law Dahbnan APPROVAL QF AGENDA Mr. Whittenberg asked that item #4 be extracted for separate conSideration. MOTION by Brown; SECOND by Law to approve the agenda with the extraction of item #4 for separate consideration. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Brown, Campbell, Law Dahlman Plgll 2 . C1lJ of Seal Beach J>Iaaom& ComIIuIIKlI1 Mmutlll of Octobllr 18, J 995 . ORAL COMMUNICATIO~ There were no oral communications from the audience. Chairperson Campbell briefly spoke about the City's Founder's Day, showing a sweatshirt which is for sale and detailing vanous events which wllloccur, their dates, tlmes and locatlons. MOTION by Sharp; SECOND by Law to approve the Consent Calendar, with the exception of item #4, which was extracted for separate consideration: 1. Approve Planning Commission Minutes of September 20, 1995. 2. Approve Planning Commission Minutes of October 4, 1995. 3. Receive and File: City Council Minutes of August 9, 1995 re Joint Study Session on Main Street Specific Plan . MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Brown, Campbell, Law Dahlman The Plannmg Commission considered Minor Plan Review #95-5. 4. Minor Plan Review #95-5 Address: Applicant: Property Owners: 129 7th Street Alfred T. Malek Dr. Irene A. Malek and Ms. Safinaz F. Abdelmalek Staff Re,port Director Whittenberg presented the staff report. The applicant requested approval for the addition of a second story including the relocation of an eXIsting bedroom to the second floor, a new bathroom and a roof deck. Concerns about the existing rear setback arose as staff received complaints from neighbors that the residents of the property occasionally park parallel to the alley, in front of the garage door, leavmg a three foot (3') distance from the garage door to the car. That puts the car itself mto the alley by l' to 1%'. The resident IS allowmg enough room so they can open their garage door after they park and so the garage door w1l1 not hit their car. The property has an eIght foot (8') rear property line setback when a nine foot (9') setback is required but as a pre-existing structure, the 8' setback is allowable. Staff suggested an . additional condition be added, which would be CondItion #13, requiring the applicant to install . . . Page 3. CJl1 of Seal Beach PIaDnmg CmmuUIOIl Mututea of October 18, 1995 a roll up, sectional garage door, This would allow their cars to park closer to the garage and not be in the alley. Commissioner Brown asked if staff had discussed the roll-up garage door with the applicant? Mr. Whittenberg said no, explaining he had received a phone call from a neighbor about the problem but due to his schedule had not had an opportunity to contact the apphcant. Commissioner Brown asked if the applicant does not like the Idea of a roll-up garage what recourse does he have? Mr. Whittenberg said the applicant could speak to the CommIssion if he was opposed to the additional condition and ask for relief. Commissioner Brown said he felt the condition was heavy-handed and thought a sImpler solution would be for the Police Department to continuously ticket those persons parking illegally. Alfred Malek * [No Address GlVenl Cerritos. CA Mr. Malek saId he was speaking on behalf of hIs daughter, Irene Malek, who is a physIcian at Long Beach Memorial Hospital. Mr. Malek objected to mcreasmg the cost of the project by having to pay for a roll-up, sectional garage door. He saId the impositIOn of such a condition was speculatory. He noted the property has a two-car garage. He agreed that the way to stop illegal parking is for the Police Department to continuously ticket those persons parking Illegally. Chauperson Campbell asked who has been parking at the rear of this building? Mr. Whittenberg said the tenant has been parking there. Mr. Malek saId his famIly hves in Cerritos and uses the 7th Street house as a beach house a couple of times a month. They rent the back unit and the tenants have two cars. He personally has never investigated where they park. He and his family park on the street. Mark Alfred Malek Mark Malek said he is at this residence often and he has never seen a car parking on the garage apron as descnbed. He was not even certain it was his tenant causing the problem. CommiSSIOner Dahlman arrived at 7:45 p.m. Mr. Whittenberg said staff saw a car parked on the garage apron one day but dId not run a check of the hcense plate; they are not sure who owned the car. If the apphcant would prefer not to change the garage door but to have staff handle the problem by having the Pohce Department go by and ticket the vehicle the next time a complaint is receIved, staff can easIly do that. Mr. Whittenberg said that based on the discussion to this point, staff would recommend approval of the project as recommended in the staff report, without the additional condition. MOTION by Sharp; SECOND by Law to approve Resolution 95-25, thus approving Minor Plan Review 95-5, subject to the Conditions of Approval noted in the staff report. MOTION CARRIED: AYES: 5-0-0 Sharp, Brown, Campbell, Law, Dahlman Plge 4 . CIty of Seal BelIch I'IamuDg CooumI8I01l Mmutea of October 18, 1995 . PUBLIC HEARIlS.GS There were no Public Hearing items on the agenda. STAFF CONCERNS Mr. Whtttenberg introduced two memorandums provided to the Commission as informauon Items: 5. Receive and File: Staff Memo re Tree Removal at 101 Mam Street (Jim Watson's Commercial Building) 6. Receive and File: Staff Memo re Asphalt Chips in Gum Grove Park. Tree Removal RegardlOg item #5, CommiSSIOner Brown expressed his senous concerns regardlOg the removal of a mature Eucalyptus tree at 101 Main Street. He indicated the tree could have been removed to allow the building's signage to show. He suggested Ocean Avenue and the Main Street area would look much better If they were tree-lined with a canopy effect. MOTION by Dahlman; SECOND by Sharp to allow Bob Eagle to address the Commission. . MOTION CARRIED: AYES: 5-0-0 Dahlman, Sharp, Campbell, Brown, Law Bob Eagle, City Supervisor of Parks, Department of Public Works, spoke 10 defense of the Eucalyptus trees' removal, indicating the tree was burned back by the salt-laden ocean wind and was growing at an extreme angle. Eucalyptus, being a brittle tree, has frequent limb breakage which is hazardous. Mr. Eagle spoke on the lack of a tree ordinance, how the lack effects hiS crew and his personal decisions on tree removal and planting. Director Whittenberg indicated the tree ordinance was under review by the City Attorney's Office and should be before the City Council 10 a month or two. He added that he will arrange for Mr. Eagle to meet with Paul Zucker, consultant for the MalO Street Specific Plan, to allow for Mr. Eagle to have input regarding the landscaping aspects of the Plan. Gum Grove Park The Commission briefly discussed the staff memo on asphalt chips being used in Gum Grove Park. . Information Items Mr. Whittenberg indicated staff provided each of the Commissioners two documents for lOformation. One is a copy of the PolOts and Authorities filed by the attorney representing the City 10 its challenge of the approved Bolsa Chlca project. The other document IS an updated Page 5 - ~ of Seal Beach PIamuo& CooumsSIOD MInutes of October 18. 1995 . listing of a number of documents available in the City which relate to archaeological and historical aspects of the City and Its surrounding area. Review of Specific t>.lans Commissioner Brown asked if the Commission was going to review the DWP Spectfic Plan at the November 8th meeting and the Main Street Specific Plan at the November 22nd meeting? Mr. Whittenberg said the Mam Street Specific Plan would be reviewed at a later date. This may come back to the Commission in December or January, staff is not sure at thiS point. Zonin~ Text Amendment 95-3 Commissioner Brown asked about Zoning Text Amendment 95-3 as it related to Renee Bollen's application at 1101 Seal Way. The Planning Commission, on September 6, 1995, recommended to the City Council the codification of a 1986 Planning Commission policy statement relating to the determination of lot widths equal to 37.5 feet. Specifically, in the reSidential medium density and high density zones of Planning District I (Old Town) a third story IS permitted on the rear half of lots with a Width of 37.5 feet or greater. The policy statement calls for the actual survey width to be rounded to the nearest tenth of a foot. The City Councll said no, It would not approve this codificanon and rescmded the Planning Commission's pollcy statement. Mr. Bollen was seeking approval for his proposal under the Planmng Commission's poor policy but because of the Council's determination he could not go forward with hiS plans. . Mr. Whittenberg explained the Planning Department became aware of the Planning Commission's policy about six months ago. There has been one request, made by Renee Bollen, seeking approval under the policy adopted by the Planning Commission m the 1980's. The City Councll's action was two-fold: (1) determined not to approve the ZTA which would have allowed for the interpretation of allowing a third story on a lot which was slightly less than 371h' and (2) to instruct staff that the Planning Commission resolution, adopted in the mid-1980's, which established the policy to begin with, was never formally approved by the City Council in any form that could be applied. The 1986 policy was purely a directive matter which had no force or effect. Therefore, If the City had approved a project technically It should not have. He added there may have been one project approved at the time the pollcy statement was approved but staff is not aware of any project approvals under this directive since Mr. CurtIs' or his employment with the City. Commissioner Brown indicated he had a conflict of interest and could not speak to this issue at the September 6th Commission meeting. The sixteen lots which are just short of 371h' are where Seal Way mtersects with 10th, 11th and 12th Streets. These are all ocean front lots and if someone were able to construct a third story on one of those lots It would block the view of the ocean for others. He saId it was not known that these lots lacked one (1") mch and they were treated as 371h' wide lots. The policy very specifically directed that those lots that were between 37.45' and 37.49' would be rounded up to 371h' and would be allowed to have a third story on the rear half. . Pege 6 - Cdy of Seal Beach PWmmg Comm1saIOD MmUle8 of October 18, I99S . MrS. Fillmann indicated Renee Bollen was in the audience and stated he had received a notice he would be on tonight's Agenda. Mr. Whittenberg said Mr. Bollen also receIved a telephone call indicating he would not be on the Agenda because of the CIty Council's determination; the Commission cannot consIder this application anymore. Mr. Bollen is not allowed to buIld a third story on the rear half of his lot based on the Council action. Mr. Whittenberg said the CommiSSIOn was startIng to get far afield from what it could do under Commission Concerns. If the Commission would like to further discuss thiS issue It could be agendized for the next meeting. Commissioner Brown said Mr. Bollen should properly go to the City Council for any further discussion. Mr. Whittenberg said staff would be willing to discuss the matter in detail with the Bollen's and explain to him how he should address the Council at their next meeting and explain his concerns to them. SamLRe,plenishment Commissioner Brown asked what is the status of the sand replenishment? Mr. WhIttenberg advised that last year 18,000 cubic yards of sand was placed on the beach. This winter, because the City cannot find any sand available at a reasonable price, no sand will be put on the beach. The City will build a berm and hope that will be sufficient. Coastal Engmeers have told the City that part of the sand placed on the beach was washed off shore and has formed an off shore sandbar. As the winter storms come back in some of that sand will be washed onto the beach again. . Attendance Commissioner Sharp said he may not be on vacation for the November 8th meetmg as the ship they were to take is still in drydock in Washington. COMMISSION CONCERNS Chairperson Campbell asked Commissioner Law if she soIl wanted to agendize concern on surveys expressed on September 20th? Commissioner Law said yes. Mr. Whittenberg said it will probably be on the next agenda. AD.IOIIBNMEN[ Chairperson Campbell adjourned the meeting at 8:45 p.m. Respectfully Submitted, q,,~ . Joan Fillmann Executive Secretary APPROVED: The Planning Commission Minutes of October 18, 1995 were approved on November _ ,1995. .