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Home My WebLink AboutPC Min 1997-05-07 .. '.-,~ . - , . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for MAY 7, 1997 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA 90740. Next Resolution: 97-8 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 is removed from the Consent Calendar for separate action. e 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 Minutes of April 9, 1997 [Continued from April 23, 1997] 2. Approve Planning Commission/Environmental Quality Control Board Joint Study Session Minutes of April 23, 1997 3. Receive and File: Staff Report to City Council, dated April 14, 1997, re Senate Bill 689 - Zoning, Business Regulation. . The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Office at (562) 431-2527 at least 48 hours in advance of the meeting; thank you. . ~ 4ltY. of Seal Beach Planning Commission Agenda * May 7,1997 . Receive and File Staff Report to City Council, dated Apnl14, 1997, re Receipt of Navy Response to City Comment Letter re Naval Weapons Station Focused Site Inspection for Operable Umts 4 and 5 4 5 Receive and File Staff Report to City Council, dated Apnl14, 1997, re Sunset Harbor Mamtenance Facility Withdrawal of Application 6 Receive and File Staff Report to City Council, dated Apnl14, 1997, re SeAG Regional Transportation Plan Preparation 7 Memo to the City Council re the Credits In the Development Agreement for 212 Main Street versus The Main Street Specific Plan ProvIsions [Continued from Apnl 23, 1997] VI PUBLIC HEARINGS 8 Zoning Text Amendment 97-1 e Address Applicant Code Section Request Recommendation Planning Dlstnct I - Residential Low Density (RLD) City of Seal Beach 28-401 Consider amending Section 28-401 of the Code of the City of Seal Beach to change the permitted intrusions Into rear yard setbacks In the RLD zone of Planning Dlstnct 1 Specifically, the City will consider whether to allow eaves to extend beyond the currently permitted two foot (2') rear yard Intrusion and whether to reduce the allowed rear yard IntrUSion for balconies and decks at the roof level from the currently permitted ten feet (10') Adopt Resolution No 97-_, recommending approval of ZOning Text Amendment 97-1 to the City CounCil 9 ZOning Text Amendment 97-2 Address Applicant Code Section Request CitYWide City of Seal Beach Section 28-2317(4)(a) ConSider amending Section 28-2317(4)(a) of the Code of the City of Seal Beach to allow "covered access to open roof decks' as permitted, non- habitable archItectural features They would be allowed to exceed the height limit under the Height Vanatlon section of the Code This will replace 2 The City of Seal Beach complies with the Americans With Disabilities Act of 1990 If you need assistance to attend this meeting, telephone the City Clerk's Office at (562) 431-2527 at least 48 hours In advance of the meeting, thank you . . . . C)lty, of Seal Beach Planning Commission Agenda * May 7, 1997 "covered staIrwells to open roof decks" currently permitted This amendment IS Intended to address other means of access to roof decks, such as elevators, which may be needed for disabled access Recommendation Approve Resolution No 97-_, recommending approval of ZOning Text Amendment 97-2 to the City Council VII STAFF CONCERNS VIII COMMISSION CONCERNS IX ADJOURNMENT 3 The City of Seal Beach complies with the Amencans With Disabilities Act of 1990 If you need assistance to attend this meeting, telephone the City Clerk's Office at (562) 431-2527 at least 48 hours In advance ofthe meeting, thank you Olt~ of Seal Beach Planning Commission Agenda * May 7, 1997 J: . . 1997 AGENDA FORECAST DATE ACTION ADDRESS NOTES May 21 CUP 97-4 1700 PCH Animal Chmc May 21 CUP 97-6 220 Central AdditIon May 21 CUP 97-5 210 }It Street Major Remodel May 21 Parcel Map 96-182 Bixby Ranch May 21 HV 97-2 309 161h St. CRAS Jomt Study Session Mam Street Not scheduled. PC & CC Specific Plan designs. June 04 Safety Element RevIsion 97-1 June 04 Housing Element Revision 97-1 July 09 ElectIon Chairman & VC July 09 CUP 96-1 Seal Beach Mkt. 12 mos. Review e July 23 August 06 CUP 97-1 12147 SBB Review @ 6 mos. Yucatan Gnll August 06 GPA 96-2 & Hellman Ranch TENT A TIVE ZC 96-2 August 20 VAR 93-1 212 Mam St Khsanm [From 4/9/97] August 20 ZTA 97-1 Electnc Vehicles TentatIve September 03 September 17 October 08 October 22 November 05 CUP 94-4 770 PCH BK - Indefimte November 19 December 03 . December 17 4 The City of Seal Beach complies with the Americans With Disabilities Act of 1990 If you need assistance to attend this meeting, telephone the City Clerk's Office at (562) 431-2527 at least 48 hours In advance of the meeting, thank you e City of Seal Beach Planning Commission Minutes of May 7, 1997 The regularly scheduled Planmng CommIssIon meetIng of May 7, 1997 was called to order by Chairman Brown at 7:32 p.m. The meetIng began In the CIty CouncIl Chambers wIth the Salute to the Flag. ROLL CALL Present: ChaIrman Brown CommIssIoners Hood, Sharp, Law Also Present: Department of Development ServIces CraIg Steele, ASSIstant CIty Attorney Barry CurtIs, AssocIate Planner Joan Fillmann, ExecutIve Secretary Absent: CommiSSIoner Yost Lee WhIttenberg, DIrector, Development ServIces Department . MOTION by Sharp; SECOND by Law to grant an excused absence for CommISSIoner YOst. He notIfied the CommIssion he would be at a medIcal conference. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Law, Hood, Brown Yost AGENDA APPROVAL ChaIrman Brown asked for Item #7 to be conSIdered separately. CommIssIoner Law asked for Item #3 to be conSIdered separately. MOTION by Hood; SECOND by Sharp to approve the Agenda as presented WIth Items #3 and #7 to be conSIdered separate] y MOTION CARRIED: AYES: ABSENT 4-0-1 Hood, Sharp, Law, Brown Yost ORAL COMMUN1CATIONS There were no Oral CommumcatIons. . City of Seal Beach Plannmg Comml<,b10n * Mmute/> of May 7. 1997 . CONSENT CALENDAR MOTION by Sharp; SECOND by Hood to approve the folloWIng Consent Calendar items: 1. Approve Planmng CommIssIon MInutes of AprIl 9, 1997; 2. Approve Planmng CommIssIon/EnvIronmental QUalIty Control Board JOInt Study Session MInutes of Apnl 23, 1997; 4. Receive and FIle: Staff Report to CIty CouncIl, dated AprIl 14, 1997, re Receipt of Navy Response to Cuy Comment Letter re: Naval Weapons StatIOn Focused Sue InspectIOn for Operable Umtes 4 and 5,' 5. ReceIve and File: Staff Report to CIty Council, dated AprIl 14, 1997, re Sunset Harbor Maintenance FacIluy Withdrawal of Appl1catwn. 6. ReceIve and FIle: Staff Report to CIty CouncIl, dated Apnl 14, 1997, re SCAG RegIOnal TransportatIOn Plan Preparaflon MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Law, Hood, Brown Yost Item #3 was conSIdered next. . 3. ReceIve and FIle: Staff Report to CIty CounCIl, dated Apnl 14, 1997, re Senate Bill 689 - Zoning, Business Regulation. CommiSSIOner Law SaId the vote on thIS Senate BIll was taken on AprIl 14, 1997 and asked staff to come back WIth the result of that vote. Mr. CurtIs SaId thIS InformatIon WIll be proVIded at the May 21st meetIng. Item #7 was dISCUSSed: 7. Memo to the CIty CouncIl re the CredIts In the Development Agreement for 212 Main Street versus the MaIn Street SpeCIfic Plan ProvISIons ChaIrman Brown said he was not happy wIth the last paragraph of the memo: The CommissIOn's concern that some fee!J may be lost arose from the follOWing statement In the Development Agreement "In the event that future aCflon by the Cuy CounCil results In further cost.\ per space, Owner shall be enmled to a credit of $35,500, or that portIOn pOld thereof, pOld under thIS Agreement .". e He added he was also not happy WIth what the memo was saying In ItS entIrety. The Development Agreement states the fees for parkmg WIll be "X". However, If there IS a MaIn Street SpecIfic Plan, the fees WIll reflect the MaIn Street SpeCIfic Plan. He saId 2 CIty of Seal Beach Plannmg Commll.....lOn "Ie M mute!> of May 7. 1997 e he would like a copy of the MalO Street SpecIfic Plan and the Development Agreement to be provIded to CIty CouncIl members with pertment sectIons hIghhghted. He felt It IS the Planning CommIssIon's duty to pomt out to the City CouncIl that "the CIty staff is willing to gIve away about $35,000 10 fees". He was not sure what the best way to handle this SItuation would be but he was unhappy WIth thiS memo and could not support it as it stands. Commissioner Hood saId the memo could be referred back or tabled. Mr. Steele said he would prefer the CommIssIon not table this matter but rather gIve hIm dIrection on how they would want the memo re-WrItten. He understood the point on attaching the hIghhghted sections. ChaIrman Brown asked Mr. Steele to telephone him, at WhICh tune he could gIVe hun his ideas on the memo. Mr. Steele would re-WrIte the memo and present It at the May 21st meetmg. There were no objectIons from the CommIssIon. MOTION by Hood; SECOND by Law that the AprIl 23n1 staff memo to the CIty Councll from the Planning CommissIOn re Main Street Speqfic Plan In-Lleu Parlang Fees be re-written as dIrected. . MOTION CARRIED: AYES: ABSENT: 4-0-1 Hood, Law, Brown, Sharp Yost CommISSIoner Law asked if any Surf sIde propertIes fall under the m-beu parking fees? Mr. Curtis saId no, there IS no m-heu parking program for Surf side. Noel's restaurant has a CondItional Use PermIt (CUP) WhIch has a condItIon reqUIrmg them to pay additional fees due to a parkmg defiCIency They are current on the fees owed PUBLIC HEARINGS 8. ZOnIng Text Amendment 97-1 ApplIcant: City of Seal Beach Code Section 28-401 e Staff Report Mr. Curtls delIvered the staff report. [Staff report on file 10 the PlannIng Department for reference]. The CIty asked the PlannIng CommissIon to consIder amendmg Section 28-401 of the CIty'S mUnIcIpal Code, to change the permItted mtrusIons mto rear yard setbacks 10 the ReSIdentIal Low DensIty (RLD) zone 10 PlannIng DIStrICt 1. Specifically, whether to allow eaves to extend beyond the currently permItted two foot (2 ') rear yard mtrusIon and whether to reduce the allowed rear yard mtrusIOn for balCOnIes and decks at the roof level from the currently permitted ten feet (10'). 3 City of Seal Beach Planmng COOlml....lOn ~ M mute.. of May 7, 1997 e Mr. CurtIs saId two opinion letters on thIS subject had been receIved at CIty Hall on May 7, 1997: 1. Michelle A. Brendel 219 Seal Beach Boulevard, Suite A Seal Beach, CA 90740 Dated May 7, 1997 Received: 5:00 - 5:30 p.m. on May 7, 1997 Among many thmgs, thIS letter stated tomght's Pubhc Hearmg on ZTA 97-1 was not Noticed, as required by law, 10 the newspaper. Staff presented a copy of the Proof of Publication from the Sun newspaper. 2. Randall L. Johnson, MD. and Mary M Johnson 107 & 206 Qcean A venue Seal Beach, CA 90740 Dated May 5, 1997 ReceiVed: 12:00 p.m. on May 7, 1997 These letters wIll be attached to these Mmutes. . CommISSIon Questions on Staff Report Chairman Brown, noting the staff report requests a Consent Calendar plan reVIew, asked If Surf side reSIdents were subject to the same Consent Calendar plan reVIew? Mr. Curtis said no, Surf sIde does not require a Consent Calendar plan reVIew. Because It IS a new practice to allow the additional overhang for eaves, staff felt a Consent Calendar plan reVIew would allow for pubhc comment. The neIghbors would be notified and would have a chance to review project plans A Consent Calendar plan review would cost each applIcant $50. Pubhc Heanng The applIcant, the City of Seal Beach, was heard through the ~taff report. There were no persons in the audience wishmg to speak 10 favor of thiS Item The following person spoke agamst thiS ZTA: e Bruce Stark * Seal Beach Mr. Stark said he was lookmg at the Apnl 24th edition of the Sun newspaper and he did not see a Notice for ZTA 97-1. "You state you have a Certificate of PubhcatlOn, but smce the Sun IS the City'S own newspaper, I'm ~ure they would certtfy that today was Chnstmas If you asked them to". He then went on to say "My crystal ball IS very clear 4 CIty of Seal Beach Plannmg Comml"'''lon * Mmutel> of May 7. 1997 e tonight. ThIs IS gOIng to pass four - ZIp. It's greased". He contInued to say thIS IS specIfic legislation for one specific party - a CommIssIoner at the CIty of Seal Beach. He's lIved on Ocean Avenue for 17 years and has never had a need for a more than 2' overhang. He asked how thIS CommIssIoner got a basement when the CC&Rs prohIbIt basements. "I've said It before and I'll say It agaIn --- the CIty of Seal Beach IS for sale. It used to be a fifth of whIskey on the desk upstaIrs In the Planmng Department. I was told It was cash in a paper bag under someone' scar ". He added that he felt some people were more equal under the law than others and thIS should not be the case. He said the Planmng Commission should set a good example for the youth of the community and asked them "How can you VIolate the Brown Act time and tIme agaIn? How can you violate the reqUIrement for publIcatIOn? How can you pass SpecIal legIslation for special people? Frankly, ladles and gentlemen, I'd be ashamed". He said this was not polItics but corruption. There were no other speakers and the Chair closed the PublIc Hearings CommIssIon Comments CommiSSIOner Hood saId he did notIce the CertIfIcate of PublIcatIOn Said AprIl 17th, not Apnl24th. . Commissioner Law saId she was In favor of redUCIng the balcony setback to 5' and then IncreasIng the eave setback to 5' . Chairman Brown said he has a south-facIng house WIth a 6' overhang over the WIndow. The afternoon sun is qUIte strong and quite hot In the front room He said other properties do have larger eaves but he dIdn't know If they were bUIlt prIor to the Code's eXIstence. ThIS is not a precedent-shatterIng matter In terms of allOWIng somebody to do somethIng that other people haven't done. He Said thIS IS not a specIal privilege because a ZTA applIes to everyone. He agreed WIth CommIsSIOner Law's thinking that the balcony setback should be reduced to 5' and the eave's setback increased to 5'. He asked staff If there was any techmcal Input on why the 5' measurement? Mr. Curtis saId there was no techmcal dISCUSSIon, staff chose the 5' measurement after looking at the existing Surf sIde balcomes. Chairman Brown saId he was not sure on staff's requmng Consent Calendar reVIew. He thought It seemed lIke an added and unnecessary expense But If the rest of the CommIsSIon would deSIre the reVIew he would not oppose It CommiSSIOner Sharp asked staff to explaIn to the vlewmg publIc what the CommiSSIOn was voting on. e 5 City of Seal Beach Planmng Comnll""lOn * Mmute!> of May 7, 1997 e Mr. CurtIS explaIned that currently, on thIS portIon of the "Gold Coast" on Ocean A venue, balcomes and decks are allowed to overhang at the roof level up to 10' Into the rear yard. If approved, this would reduce the balcony overhang to 5' maXImum. At the same tIme, eaves are allowed to overhang 2' Into the rear setback. ThIS would Increase that to a 5' overhang. ChaIrman Brown asked If letters received by the CIty regardIng Items under conSIderatIon by the Planmng CommIssIOn could be receIved In the Planmng CommISSIoner's packet? He found It dIfficult to read letters whIle staff IS reportIng. The letter from Ms. BrendellIS extensIve. Mr. CurtIS said these letters were presented to the Planmng CommISSIoners at 7.00 p.m. by placing them at theIr seats. Staff would also be wIlling to read the letters Into the Record. He noted it IS common for letters to be receIved the day of a Planning CommIssion meeting and there is httle or no way for CIty staff to get those letters to the Planning CommISSIoners prIor to the meetmg. If at all pOSSIble, staff WIll get any and all correspondence to the CommISSIOners in advance. CommISSIoner Sharp IndIcated that the Planmng CommIssIon's determmatIon would be In the form of a recommendatIon to the CIty CounCIl. The Planmng CommISSIon does not have the final authority on this matter. e Commissioner Hood asked If staff had mcluded a resolutIon? Mr. CurtIs saId he thought a resolutIon had been prepared and Included WIth the packet SInce thIS IS not the case, staff WIll return at the next meetmg WIth a resolutIon. MOTION by Hood; SECOND by Sharp to mstruct staff to prepare a ResolutIon for conSIderatIon at the May 21, 1997 Planmng CommI~sIOn meetmg It should approve Zomng Text Amendment 97-1, approvmg a reductIon 10 the rear yard balcony IntrUSIOn from 10' to 5' and approvIng an Increase 10 the rear yard eaves IntrUSIOn from 2' to 5' in Planmng DIStrICt 1. ThIS IS to be accomplished by a Consent Calendar plan reVIew whereIn all property owners and occupants WIthIn 100 feet of a subject property would be Noticed. MOTION CARRIED: AYES: ABSENT: 4-0-1 Hood, Sharp, Brown, Law Yost 9. Zoning Text Amendment 97-2 Applicant: CIty of Seal Beach Code SectIon 28-2317(4)(a) e 6 City of Seal Beach Planmng Comml<,<,lon * M mute.. of MdY 7, 1997 e Staff Report Mr. CurtIs dehvered the staff report. [Staff report on file m the Planmng Department for reference]. The CIty requested the Plannmg COITIlTIlsslOn conSIder an amendment to SectIon 28-2317(4)(A) of the mumcIpal code to allow "covered access to open roof decks", replacing "covered staIrwells to open roof decks" whIch IS currently permItted. ThIS amendment is intended to address other means of access to roof decks, such as elevators, whIch are sometimes needed to allow disabled access. Commission OuestIons on Staff Report There were no questIons. Public Heanng The applicant, the CIty of Seal Beach, was heard through the staff report There were no persons wlshmg to speak in favor of or agamst thIS applIcatIon The ChaIr closed the Pubhc Heanng. CommISSIon Comments There were no CommIssIon comments. MOTION by Hood; SECOND by Law to approve Resolution 97-8, thus approvmg Zomng Text Amendment 97-2. e MOTION CARRIED: AYES: ABSENT: 4-0-1 Hood, Law, Brown, Sharp Yost STAFF CONCERNS There were no staff concerns. COMMISSION CONCERNS Commissioner Sharp asked to whom Bruce Stark was refernng when he saId a certam person was a CommIssIoner at the CIty? ChaIrman Brown explamed Mary Johnson IS a CommIssIoner on the Parks and Recreation Commission e 7 City of Seal Beach Planmng COml11l....,lon * Mmllte~ ot May 7, 1997 e ADJOURNMENT Without obJectIon, the ChaIr adjourned the meetIng at 8:07 p.m. Respectfully Submitted, Qo~~' Joan FIllmann ExecutIve Secretary Department of Development Services - APPROV AL: The PlannIng CommIssIon MInutes of May 7, 1997 were approved by the CommIssIon on May ~ 1997 ~ e e 8 April 23, 1997 e MicIuJJs ,(/. B".Jet, pJ".~. 219 Seal Beach Blvd , SUite A Seal Beach, CA 90740 (562) 431-4095 Planning CommisSion City of Seal Beach 211 8th St Seal Beach, Ca 90740 Dear Chairman Brown and Commissioners I object to the holding of a Planning CommissIon meeting on 4-23-97 as It IS a violation of the Brown Act and I am objecting to the minutes of the 4-9-97 Planning Commission Meeting minutes as Inaccurate and Incomplete e As of 2 30pm Monday 4-21-97 a copy of the agenda for the 4-23-97 meeting was not posted at City Hall nor was there a copy In the library I spoke with the librarian about this and she said that a copy had not yet been received from Crty Hall The packet was not available to the public until It was past the required time to comply With the Brown Act Please cancel this meeting and notice It again by posting correctly as required by State law I am requesting that the comments of Mr Sharp to the effect that he would have liked to have passed the variance (97-1) If only to "get Stark" and Ms Law's concurrence, which were audible to the public, be made part of the minutes of the 4-9-97 meeting I wrote Mr TIll about this In a letter dated 4-9-97 which was stamped In at the City on 4-10-97 and requested the resignation of Mr Sharp and Ms Law, yet their comments and my communication are missing from the minutes and packet These "Get Stark" comments, who you all know refers to my husband Bruce Stark, have been made In the past and are Vindictive and pUnitive to a member of the public You are charged With protecting all reSidents, not JUst a select few Chairman Brown gave an eloquent speech on hiS view of hiS role on the commiSSion as" protecting the Interests of the neighbors when a project IS being bUilt" ThiS project for the Johnson's IS nothing short of special priVilege and IS being used to cause us damage The Commission's tolerance and condonation of these comments speaks to the poSitIon of the Commission A few years ago when the hours for the preschool at 223 Seal Beach Blvd were being discussed at a planning commiSSion meetll19, Mr Sharp asked who the neighbor was and upon being Informed It was Bruce Stark, Mr Sharp publicly stated. In essence, "Oh, we don't care about Stark" A former planning commiSSioner, In a depOSItion on 11-9-93 stated he heard Mr CUrtiS say, "Now IS our chance to get Stark" You have personal knowledge that at least two commiSSIoners are biased against us by their comments against my husband, and now know, If you didn't before, that staff has made prejudiCial comments Yet you fall to protect our Interests--and we are the "neighbors" referred to by Chairman Brown I again request, as I did In my letter of 4-9-97 to City Manager Till, the resignation of Planning CommiSSioners James Sharp and Mary Law By copy of thiS letter to the City CounCil Members I am requesting that the members who appointed Sharp and Law take action to remove their appointees If Mr Sharp and Ms Law fall to resIgn e ATTACHMENT. / \ . , . e e The n1fnutes of the Planning Commission meeting of 4-9-97 (pg 6) make reference to a letter of Craig Pettigrew dated 4-9-97 responding to our Opposition Note my letter was dated 4-7-97 and Mr Pettigrew apparently received a copy and had an opportUnity to respond We received no copy of his letter On 4-10-97 the City of Seal Beach received a publiC records request for a copy of this letter and my agreement to pay for same Thirteen days have elapsed and I stili don't have a copy In fact, the City Will not honor my public records request for records on the neighbOring property even though I tendered a check for same ThiS IS a blatant Violation of the law The City of Seal Beach IS holding numerous checks of mine tendered to pay for records requested under the public records act but they refuse to respond We are the "neighbors'" Chairman Brown refers to In hiS "representing the Interests of the neighbors when a project IS being bUilt," speech However, we can get no records and we received no notice of the deep excavation that would take place Within about three feet of our property and which would ultimately damage our property as well as another adjOIning property I suggest you inSist the City follow State Laws' You are aware that the CC&R committee for the Gold Coast met and approved the plans for the Johnson's house No notice was given of thiS meetlng--they meet In secret and their records are InacceSSible to date ThiS IS a VIolation of the Brown Act You have notice of damage to both adjoining homes to the Johnson construction at 206 Ocean Ave, yet construction proceeds at breakneck speed Where IS the eVidence of "representing the Interests of the neighbors when a project IS being bUilt?" I am requesting that you InSist construction be stopped until the damage to adjOIning properties IS repaired Since the bluff has been damaged by the excavation, access to repair same may have to take place from the Johnson property In summation, I am requesting that you cancel thiS evenings Planning CommiSSion meeting due to Inadequate posting of the agenda Holding the meeting would be a Brown Act Violation I am requesting that you see the minutes of the 4-9-97 meeting are corrected. including but not limited to, the "Get Stark" comments I am requesting that you Insist the City comply With the Public Records Act and produce requested records, Including but not limited to all records requested on the property at 206 Ocean Avenue. Seal Beach I am requesting that you InSist Mr Sharp and Ms Law resign from the Planning Commission or remove them I am requesting that you InSist the construction project at 206 Ocean Avenue be stopped due to damage to adjOining properties, Brown Act Violations and special priVileges granted thiS ownerJbUllder and that you Insist the ownerJbUllder take care of damage to adjOIning homes ThiS IS a communication meant to be read at the Planning CommiSSion of thiS date Sincerely, I~(L jf 1 Michelle A Brendel, h 0 cc CounCil Members Keith Till, City Manager " . e e .. M~ IJ. 8~, pJ".~. 219 Seal Beach Blvd , SUite A Seal Beach. CA 90740 (562) 431-4095 May 7, 1997 Chairman Brown and Planning Commissioners City of Seal Beach 211 8th St SealBeach,Ca 90740 Dear Chairman Brown and Planning Commissioners Re ZOning Text Amendment 97-1 & 206 Ocean Avenue, Seal Beach, Ca I object to the public hearing on ZT A 97-1 being held tOnight The follOWing are some of my concerns This public heanng was not noticed, as reqUired, In the newspaper I have reviewed the public notices In the Sun for 4-17-97,4-24-97 and 5-1-97 and there IS no publiC notice There was a notice of publiC hearing for ZTA 97-2 In the 4-24-97 edition of the Sun 2 There IS no eVidence that ZTA 97-1 has been approved by the California Coastal Commission It would appear that this IS necessary as thiS ZT A Includes waterfront homes It IS your responsibility to make sure that any information given to you about which Issues that must go before the Coastal Commission IS correct for staff either does not understand Coastal CommiSSIon rules or chooses to Ignore same I'm sure you all remember the big wedding reception In a tent on the beach two years ago The Coastal Commission Indicated that the event needed a permit from their body That was not done At a later date Lee Whittenberg admitted that he didn't know the Coastal Commission rules That reception was also attended by several City of Seal Beach offiCials who should have questioned the propnety of holding such an event on the publiC beach Instead of checkIng Coastal CommiSSion rules when they received the InVitation, they attended the reception Either City OffiCials are gUilty of not knOWing Coastal Commission rules or they also JUst chose to Ignore them when It IS for fnends 3 People speaking for vanance 97-1 , who may well speak for ZT A 97-1, were not affected neighbors as are we Most live In other areas, like the HIli Of Interest IS that one speaker, Maureen Pekar, according to Document #92-178631 In Orange County OffICial Records IS the benefICIary named on a short form deed of trust and assignment of rents against subject property Another short form deed of trust and assignment of rents (Document #92-178630) shows as benefiCiary the Los Alamltos Fish Company Profit Sharing Plan I believe that compa~y;s.owned by the IndiViduals who had the wedding reception on the beach Without Coastal permit There are some much "too cozy" relationships and It appears that there may be a conflict of Interest With some of the indiViduals voting on thiS ZT A I , ATTACHMENT. %. '" . e e ~ One Individual speaking for the variance IS not affected by It, but has a vendetta against us for his Illegal Unit was reported at a public meeting 4 Brown Act violations have occurred with the CC&R committee The committee approved the plans, but never noticed their meeting It IS Impossible to get Information about the committee or to attend their meetings The City will not answer my inquiries about the CC&R Committee This CC&R committee violated the CC&R's by allowing a basement which IS prohibited on page 2, under Item 4 of the CC&R's which you have with the zr A The excavation for the basement damaged our home The City stili has done nothing to require repair of our home 5 Affected parties, such as ourselves, have our public records requests Ignored so we can never fully know what IS gOing on that will affect our property 6 Complaints that the property may be Violating code With regard to setbacks are Ignored by the City 7 This zr A IS nothing but a special privilege for a City Commissioner who IS owner of 206 Ocean Avenue At the 4-9-97 Planning Commission meeting, planning commission members wanted this zr A hUrried along for these particular owners It was requested that this zr A be expedited Obviously this has been done This zr A should be placed In the pipeline at the end and walt until Items that have been on hold longer receive City attention Also, It appears that some study session should be held on this zr A 8 This zr A may affect the CC&R's and I don't believe the planning commission has that authOrity Several years ago a discussion came up about the CC&R's for the Gold Coast and Mr Whittenberg had no knowledge of same We supplied a copy to the City I think you should be very suspect of Mr Whittenberg and his colleague Barry CUrtiS They didn't know about Coastal Commission rules and they didn't know about Gold Coast CC&R's How many other subjects do they pontificate about when they have no knowledge? I request you not rely on any of their information I suggest you urge the City Manager or City Council to fire Messrs Whittenberg and CUrtiS and In the interim do your own research 9 The minutes of the 4-9-97 Planning Commission meeting have many errors, In addition to the omiSSion of the "Get Stark" comments by Mr Sharp By the way, Mr Sharp also made reference to "objectionable parties" The minutes specify particular content for the motion for the zr A and that IS not on the tape The minutes are to reflect what actually happened, not fill In omiSSions 10 When It IS a friend of City Hall, various Items are conSidered that are not an Issue for the City There was much talk about cost, time. View, etc These were Inappropriate If you are gOing to diSCUSS View, then you must consider sarne for all of us We, the neighbors, conSider the view to the pier, past 206 Ocean, to also be a primary View It IS currently blocked In part by some type of shed or roofing they are putting around their deck outSide their upper story The Johnson's must also consider the view to the pier to be "primary" for they have a very fancy deck on the Side faCing the pier 11 It appears thiS project may be Violating heights limits A roof deck IS gOing on as I write thiS Since our public records requests are Ignored we cannot know what IS gOing up and find out what IS permitted, etc 12 My letter of 4-23-97 IS not contained In the minutes of said meeting 13 ThiS project IS greased! There has been bluff excavation which damaged our home and we were never given notice of the proposed excavation The Irregularities In the approval process are shocking' A number of years ago I saw a man go through hoop after hoop for the City when he . , . e e e .. wanted to bUild a roof over his front porch and the City wanted to know how many people were gOIng to sleep on that front porchl I beheve the man gave up and moved away These owners can do anything they want No notice IS given to the neighbors and the City cooperates by withholding relevant documents, which IS a violation of the law, and by Ignoring other complBlnts I beheve the Planning CommissIOn should InSist that Messrs Whittenberg and CUrtiS be fired There are far too many "staff overSights'" You should also Insist on a criminal Investigation Into all these "staff oversights" Sincerely, ~I~f}- Michelle A Brendel, Ph D cc City Council Members e Randall L. Johnson, M.D. Mary Merino Jonnson 107 & 206 Ocean A yen ue . Seal Beach, CA 90740 May 5, 1997 Plannmg CommIssion CIty of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Subject ZONING TEXT AMENDMENT 97-1 Dear Plannmg CommisSIOners, ~)ease KeCtd... e We lIve on the Gold Coast and are currently constructmg a new home at 206 Ocean A venue We strongly support at ZOnIng Text Amendment that would allow roof eaves to extend beyond the currently permitted 2 foot rear yard setback We also support lImItIng the rear yard mtruslOn for balCOnIes and decks at the roof level to be less than the currently permItted 10 feet As discussed at a pnor PlannIng Conumsslon meetIng, It makes no sense to have two different lImItatIons at the roof level The permItted mtruSlon at the roof level should be the same whether the IntrusIOn IS an eave or roof deck/balcony We support a five foot IntrusIOn as a standard for the above The reasons are These homes face due south and a five foot overhang allows ample shadIng of the home mtenor and helps reduce au-conditIOnIng costs and fadIng of the carpet and furniture Two feet does not provide adequate shadIng 2 10 feet IS aesthetIcally less pleasmg and mIght mfnnge on a neighbor's view 3 About 15% of the homes on the Gold Coast currently have eaves that extend well beyond two feet mto the rear yard so no precedent would be set by thIS zr A Thank you for consldenng thIS letter Smcerely, e ~~ AlTACHMENT. 8 I e PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space for for the County Clerk's Filing Stamp e I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of . Orange, State of California, under the date of 2/24nS. Case Number A82S83; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the follOWing dates, to-wit ~;(\ . Proof of Publication of ..... ........................ ............................ . all in the year 19 97 NonCE OF PUBUC HEARING NOTICE IS HEREBY GIVEN Ihllt 1IIe Plennlng Commlulon of the City of Seel Beech will hold e P_Ulllc heerlng on Wednesdsy ..ey 7.1.1"7, .. 7.30 pm In ttie ~:ty (,;ouncll Chambers, 211 gllth Street, Seal Beach California, to consider the , following 118m ZONING TEXT AMENDMENT 97-1 ~ To consider lItl amendment to the -COCSe of the City of Seal Beach to amend the permitted IntrUSIons Into r:: ~ setbaclcs In the R8Sldenttal D I1SIIy (RLD) zone of PllItlnlng , Iltrlct r (the Gold Coast) Specifically, tIie City WIll conSIder l!!!~.!r to allow eaves to extend -~... ow the currently pemutted 2 foot 1Imf88r yard IntruSIon lItld whether to II the allowect ...,. YlITd IntruSIon for baIcomes and dec:U at the roof . =' from Itle cumIntIy pennrtted 10 EnvIronmental Revier ~scfE~r' r:.=egonca,1y exempt Code Sec:tIona 28-2600 Applicant Crty of Seal BelICh At the above t.me and place all .1I\ter88led persons ~ b8 heard If 10 deSired If you challenge the IlrOD08ed lIcbonl In court you may be "limited to ral81ng onry those laauel you or someone else rSlsed .ath tha public heBrlng delcnbed In ~ t II not.ce or '" written correllpOl!dence delivered to the City tOf Seal Beach at, or pnor to the , pubhc h8lltlng , r DATED Th.s 14th day of Apnl 1987 ~ l.ae Whltt.e!lberg ~ Dnctcii of DevelOpment SaMC8s !..!!lb Seal Beach Sun Journal ",_17/87 &.-_- I certify (or declare) under penalty of perjury that the foregOing is true and correct Dated at Seal Beach, California, this \, day Of~. C. ,19 97 . ~ a J ~.'Og~g~t~~ PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555 (714) 759-7726 e ArrACHMENt ~ . May 4, 1997 Barry CurtiS, Lee Whittenberg, and the City of Seal Beach Plannmg Commission I will be out of town at a medical conference from 5/6/97 through 5/14/97, and will miss the plannmg commission meeting 5/7/97 Thanks, - j)J ljvr Paul Yost . It r I I , i I CITV 0;:: Sf<-!... S::t..s~~ ~; 5 ~-: ~--------- .-;-:-J .... ......o6 -, I I r r , I : I , I "'=-:" , -.. .......... --- r ~ - ATrACHMENT. ~ \