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HomeMy WebLinkAboutPC Min 1997-05-21 " e e . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for MAY 21, 1997 7:30 P.M. * City Council Chambers 211 Eighth Street, Seal Beach, CA 90740. Next Resolution: 97-10 1. PLEDGE OF ALLEGIANCE II. ROLL CALL III. AGENDA APPROVAL By MotIon of the Planning Commission, this is the tIme to: (a) NotIfy the pubhc 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 pubhc to request an item IS removed from the Consent Calendar for separate action. IV. ORAL COMMUNICATIONS At this time, members of the public may address the Planmng Commission regarding any items within the subject matter jurisdiction of the Planning CommissIOn, prOVided that the Planmng Commission may undertake no actIon or discussion unless otherWise authonzed by law. V. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motIon unless pnor to enactment, a member of the Planmng Commission, staff or the public requests a specific Item be removed from the Consent Calendar for separate action. 1. Approve Planmng Commission Mmutes of May 7, 1997 VI. SCHEDULED MATTERS 2. Staff Report on Senate BIll 689 vote. 3. ConSideration of ReviSIOn of Memo to the City Council re the Credits 10 the Development Agreement for 212 MalO Street versus the Main Street Specific Plan ProvIsions. The City of Seal Beach complies with the Amencans 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 City of Seal Beach Planning Commission Agenda * May 21,1997 e 4. Consider ResolutIon 97-9 for Zomng Text Amendment 97-1. VII. PUBLIC HEARINGS 5. Conditional Use Permit 97-4 Address: Applicant: Property Owner: Request: 1700 Pacific Coast Highway Mitchell Land & Improvement Mitchell Land & Improvement To operate a veterinary hospital withm an eXistIng commercial bUlldmg. Approve, subject to any Conditions of Approval, through the adopuon of Resoluuon No. 97-_. Recommendation: 6. Condluonal Use Permit 97-5 Address: ApplIcant: Property Owners: Request: 201 First Street John Perttula, Architect Santo & Mary Dimare To construct a major addluonlremodel to a nonconforming duplex. The property IS nonconforming due to density, tandem parkmg and rear yard setbacks for an exisung, permitted garage. The proposal calls for construction of a 1,137 square foot second floor to the front umt consisting of 3 bedrooms, 2 bathrooms and a roof deck. Approve, subject to any Condluons of Approval, through the adoption of ResolutIOn No. 97-_. . Recommendauon: 7. Conditional Use Permit 97-6 e 220 Central Avenue Pat & Elhot Hagerty Pat & Elliot Hagerty To construct a major additIon/remodel to a nonconforming single famIly dwellmg The property IS nonconformmg due to madequate side and rear setbacks of an eXlsung detached garage. The proposal mcludes the addition of 361 square feet consisting of a new famIly room and bedroom It includes the remodelIng of the kitchen and one bathroom. 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 Address: Applicants: Property Owner: Request: City of Seal Beach Planning Commission Agenda * May 21,1997 e Recommendation: Approve, subject to any Conditions of Approval, through the adoptIon of ResolutIOn No. 97-_. 8. HeIght Variation 97-2 Address: 309 16th Street ApplIcant: Samuel Robert Loya Property Owner: Samuel Robert Loya Request: To construct a covered roof access structure (CRAS) in excess of the 25' heIght lImIt 10 conjunction with a 328 square foot addItIon to a tingle-family dwelling. Specitically, the proposed structure would exceed the heIght limIt by 2' . Recommendation: Approve, subject to any CondItIons of Approval, through the adoption of ResolutIon No. 97-_ 9. Parcel Map 96-182 Address: 3900 Lampson A venue Applicant: Bixby Ranch Company Property Owner: Bixby Ranch Company Request: To subdIVIde the 6.7-acre BIxby Old Ranch Tennis e Club sIte into two (2) parcels The proposed lots would remain 10 the General Commercial (C-2) zone. Parcel 1 would be 2.7 acres and parcel 2 would be 4.0 acres. RecommendatIon: Approve, subject to any ConditIons of Approval, through the adoptIon of ResolutIon No. 97-_. VII. STAFF CONCERNS VIII. COMMISSION CONCERNS IX. ADJOURNMENT e 3 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 City of Seal Beach Planning Commission Agenda * May 21, 1997 e 1997 AGENDA FORECAST DATE ACTION ADDRESS NOTES Joint Study SeSSIOn Main Street Not scheduled. PC & CC SpecIfic Plan desIgns. June 18 Safety Element RevIsIon 97-1 June 18 Housmg Element RevIsIon 97-1 July 09 Election Chairman & VC July 09 CUP 96-1 Seal Beach Mkt. 12 mos. RevIew July 23 August 06 CUP 97-1 12147 SBB RevIew @ 6 mos. Yucatan Gnll August 06 GPA 96-2 & Hellman Ranch TENTATIVE ZC 96-2 August 20 VAR 93-1 212 Mam St. Khsanm [From 4/9/97] e August 20 ZTA 97-1 Electnc Vehicles TentatIve September 03 September 17 October 08 October 22 November 05 CUP 94-4 770 PCH BK - Indefinite November 19 December 03 December 17 e 4 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 of the meeting, thank you r~ e CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of MAY 21,1997 The regularly scheduled Planning CommIssIOn meeting of May 21, 1997 was called to order by Chairman Brown at 7:30 p.m. The meeting begIn in the CIty Council Chambers with the Salute to the Flag. ROLL CALL Present: Also Present: Chairman Brown CommIssIoners Yost, Hood, Sharp, Law Department of Development Services Lee Whittenberg, Director CraIg Steele, ASSIStant City Attorney Barry CurtIs, Associate Planner Joan Fillmann, Executive Secretary AGENDA APPROVAL Mr. Whittenberg requested Item #5, Conditional Use PermIt 97-4, be contInued to the Planning CommissIOn's June 4, 1997 meeting at the request of the applicant. e MOTION by Sharp; SECOND by Yost to approve the Agenda as amended, wIth Item #5 contInued to June 4, 1997. MOTION CARRIED: AYES: NOES: ABSTAIN: ABSENT: 5-0-0 Sharp, Yost, Hood, Brown, Law ORALCO~CATIONS There were no oral communicatIons. CONSENT CALENDAR MOTION by Hood; SECOND by Sharp to approve the Consent Calendar as presented: 1. Planning Commission Minutes of May 7, 1997. MOTION CARRIED: AYES: NOES: ABSTAIN: ABSENT: e / 4-0-1 Sharp, Hood, Brown, Law Yost City of Seal Beach * Planmng ConumSSlOD Mmutes of May 21, 1997 e SCHEDULED MATTERS 2. Staff Memorandum on Senate Bill 689 Staff Report At their last meeting, the Planning Commission requested an update on this bill. This memo Indicates Senate Bill 689's author requested cancellatlon of this bIll. There is no pending action on the matter. If it should be rescheduled staff WIll notlfy the Commission. MOTION by Hood; SECOND by Sharp to receive and file the Staff Memorandum. MOTION CARRIED: AYES: NOES: 5-0-0 Sharp, Yost, Hood, Brown, Law 3. Consideration of Revision of Memo to City Council Re Credits in the Development Agreement for 212 Main Street Versus the Main Street Specific Plan Provisions. e The Chairman noted his suggestlons to the CIty Attorney on thIS memo were included word-for-word. There were no comments from the other CommissIoners. MOTION BY Hood; SECOND by Law to approve this Memorandum to the City Council. MOTION CARRIED: AYES: NOES: 5-0-0 Sharp, Yost, Hood, Brown, Law 4. Consideration of Resolution 97-9 for Zoning Text Amendment 97-1. MOTON by Hood; SECOND by Sharp to approve Resolution No. 97-9, thus recommendIng approval of Zoning Text Amendment 97-1 to the CIty CounCIl, amending Sectlon 28-40I(2)(b) to Amend the PermItted Intrusions into Rear Yard Setbacks In the ResIdential Law Density (RLD) Zone of Planmng DIStriCt 1. MOTION CARRIED: AYES: NOES: 5-0-0 Sharp, Yost, Hood, Brown, Law e -2- City of Seal Beach'" Planmng Comnusslon MlOUtes of May 21, 1997 . PUBLIC HEARINGS 5. Conditional Use Permit 97-4 1700 Pacific Coast Highway TIns matter was continued, dunng Agenda Approval, at the request of the applicant to Iune 4, 1997. 6. Conditional Use Permit 97-5 201 First Street Staff Re.port Mr. Curtls delivered the staff report. [Staff report on file m the Planmng Department for reference]. The applIcant, Iohn Perttula, ArCh1tect for Santo and Mary D1mare, requested Planning Comm1ssion reV1ew to construct a major addition/remodel to a non-conforming duplex at 201 F1rst Street. The property is non-conforming due to dens1ty, tandem parlang and rear yard setbacks for an existlng, permitted garage. The proposal calls for constructlon of a 1,137 square foot second floor to the front unit cons1stlng of 3 bedrooms and 2 bathrooms and a roof deck which is accessed from a sp1ral staircase off a front balcony. e Mr. Curtls ind1cated a letter in oppositlon to th1S applIcation had been rece1ved at City Hall from Gloria Burton. He read the letter, wh1ch opposed to both CUP 97-5 and CUP 97-6 because the area 1S overbu1lt and there 1S a shortage of parlang spaces. CommiSSiOn Questlons on Staff Report Charrman Brown asked for an explanation on being non-confoimmg due to density . Mr. Curtls explamed dens1ty 1S the amount of lot area per dwelhng umt. They are requued to have 2,178 square feet of lot per unit and have approXlmately 1,700. There are too many dwellIng umts for the amount of land they have. PublIc Hearing The applicants and their architect were present but d1d not w1sh to speak. There were no persons w1shmg to speak in favor of or agalnst th1S applIcatlon and the Chairman closed the Public Hearing. Commission Comments e MOTION by Sharp; SECOND by Law to approve Resolutlon No. 97-10, thus approving Conditional Use Permit 97-5, subject to the Cond1tlons of Approval recommended in the staff report. -3- City of Seal Beach'" Planmng Conumsslon Mmutes of May 21, 1997 e MOTION CARRIED: A YES: NOES: 5-0-0 Sharp, Yost, Hood, Brown, Law Mr. Steele advised the Planning Comnussion' s action is final tonight and the ten-calendar day appeal period will begin tomorrow morning. 7. Conditional Use Permit 97-6 220 Central A venue e Staff Report Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department for reference]. The applicants, Pat and Elliot Hagerty, requested Planning Commission review to construct a major addition/remodel to a non- conforming single family dwelling. The property is non-conforming due to inadequate side and rear setbacks of an existing, detached garage. The proposal includes the addItions of 361 square feet, consIsting of a new famIly room and bedroom. It also includes the remodelIng of the kitchen and one bathroom. The matter is before the Planning CommiSSIon because the muniCIpal Code proVIdes for mInor additions, the one tIme or cumulatIve of up to 10% for such a sIte. The property had one previous addItion and this addition pushes It over the 10% limit. Mr. Curtis indIcated the letter in opposition from Glona Burton. Commission Ouestions on Staff Report ChaIrman Brown asked about the 10% cumulative enlargement. Mr. CurtIs explained a non-conforming reSIdential structure is, through the Minor Plan Review process, allowed to expand to 10% of ItS maximum allowable floor area. Through the CUP process, a non-conformIng reSIdentIal structure would be allowed to build additIons WIth no percentage limIts If certaIn criteria are met. These cnteria would be that the property be nonconforming only due to both denSIty and tandem parking. If It were non-conforming due to parking then you'd only be allowed the 10%. RegardIng this site, a previous addItIon plus thIS addItion pushes the total expansion over the allowable 10% by 100 square feet. Public Hearmg The applicants were not present. No one wished to speak in favor of or agaInst this application. The Chairman closed the Public Hearing. e -4- City of Seal Beach * PlannlDg Conumsslon MlDutes of May 21, 1997 e Commission Comments MOTON by Sharp; SECOND by Hood to approve Resolutlon No. 97-11, thus approving Conditional Use Permit 97-6, subject to the Condltlons of Approval recommended m the staff report. MOTION CARRIED: AYES: NOES: 5-0-0 Sharp, Yost, Hood, Brown, Law Mr. Steele advised the Planning Commission's action was final tomght and the ten-calendar day appeal period would begin tomorrow mommg. 8. Height Variation 97-2 309 l~b Street e Staff Report Mr. CurUs delivered the staff report. [Staff report on file in the Planmng Department for reference]. The apphcant, Samuel Loya, requested Planmng Commission review to build a covered roof access structure (CRAS) m excess of the 25' height limit in conjunction with a 328 square foot addltlon to a smgle famlly dwelhng. Specifically the proposed structure would exceed the height hmlt by 2'. Mr. Curtis mdicated the City had received one letter in opposltlon to the apphcation from Cratg Gibson; It was attached to the staff report. CommissIon Ouestions on Staff Report There were no Commission questions. Public Heanng The applicant was present but did not wish to speak. There were no persons wishing to speak in favor of or against thiS appltcation The Chairman closed the Pubhc Heartng. Commission Comments Chairman Brown noted a correctlon is needed to Sectlon (t) of the resolutlon to mdicate a letter was received from Craig Gibson. MOTON by Hood; SECOND by Law to approve Resolutlon No. 97-12, thus approving Height Vanation 97-2, subject to the Condltlons of Approval recommended m the staff report, and With an amendment to Sectlon f, mdlcatlng the City had received one letter in regard to thiS apphcation. . MOTION CARRIED: AYES: NOES: 5-0-0 Sharp, Yost, Hood, Brown, Law -5- City of Seal Beach * Planmng ComnusslOn Mmutes of May 21, 1997 e Mr. Steele advised the Planning Commission's action was final tonight and the ten-calendar day appeal penod would begin tomorrow morning. 9. Parcel Map 96-182 3900 Lampson A venue Staff R~port Mr. Curtis delivered the staff report. [Staff report on file in the Planmng Department for reference]. The apphcant, the Bixby Ranch Company, requested Planning Commission consideration to subdiVide the 6.7-acre Bixby Old Ranch Tennis Club site into two parcels. The proposed lots would remain in the General Commercial (C-2) zone. Parcel 1 would be approXimately 2.7 acres and parcel 2 would be approximately 4.0 acres. Staff recommended approval of this request as it complies with all provisions of the Subdivision Map Act and the City's ordinances. Staff will prepare a resolution based on the CommissIOn's action tonight. e Commission Comments Commissioner Hood stated hiS concerns and considerable unease WIth the three easements not being plotted on the Parcel Map. He was concerned on what the subdiviSion might confer to the property owner, such as any additIonal nghts for buildIng or not building. Mr. Steele saId thiS request has no Impact on building on the site. This request relates only to the division of one parcel into two parcels. It has no impact on the zoning or the use of the property, other than to merely draw a line between the two parcels - a hne that IS not there now. No development nghts are beIng requested or granted. Commissioner Hood questioned the nature of the three easements of record shown on the map: 1. City of Seal Beach Flood Plaln Easement Recorded April 7, 1967 2. USA Fhght Clearance Control Easement Recorded August 16, 1960 3, State of California A vlganon Easement Recorded April 30, 1985 . Mr. Steele said the title report indicates the City easement is a non-exclUSIve easement for flood plain purposes. It serves as a storm water storage area. Stafrs review of the maps indicates that this easement is limited to the golf course Side of Lampson A venue and does not extend to the side of Lampson -6- Clty of Seal Beach lie Planmng CooumSSIOD Mmutes of May 21, 1997 e winch thIS parCellS on. He believed that it's noted on the map, but not plotted on the map, because If you run a title search on this property it comes up as being noted but it only exists on the golf course side of Lampson. CommiSSIOner Hood asked if it wasn't plotted on the map why was It noted on the map? Mr. Steele said he believes this was the case because all the parcels are under single ownershIp. The Bixby Company granted that easement to the CIty and so all of the related parcels under the same ownership probably have a note on theIr tItle to the effect that there's a flood plain easement. Commissioner Hood asked if his College Park East residence, WhICh used to belong to Bixby Co., would also have a note saying that there's a flood plain easement? Mr. Steele saId it's not under common ownershIp or BIXby's ownership. CommiSSIoner Hood asked Mr. Steele If he had looked at the easement recently and did he know what It SaId about building? e Mr. Steele pulled out a copy of the easement. COmmISSIOner Hood referenced Item #3 where It says "The grantor, and ItS Successors and Assigns shall not construct any structure that would obstruct the water storage and carrying capacity to the flood plain". What you have IS a structure which says you cannot build a structure on it which will obstruct water carrying capaCIty. We're thinking about a property and we do not have plotted on the map a line showing where an existing easement IS. He asked If this was actIng precipitously? Mr. Steele said no, the Engineenng and Development Services Departments have looked at the map of the flood plain easement WhICh indIcates that the easement IS not on the partIcular parcel before the Commission tomght. Commissioner Hood was not convinced that the easement was not on this parcel and asked Mr. Steele if he would nsk his legal reputation on it? Mr. Whittenberg SaId the flood plain easement, as indicated on the map, is not on the property being considered thIS evening. The flood plain easement IS entIrely on the north side of Lampson A venue, on the golf course property. e Commissioner Hood asked the DIrector if he would swear to this because he was very leery about going ahead and votIng on something when you say you tlunk it's here but it's not plotted on the map. He dIscussed the other two -7- City of Seal Beach'" Plannmg Conumsslon Mmutes of May 21, 1997 e easements. He again noted his discomfort at subdividing property wIth unplotted easements, when the attorney said all the Commission was doing was drawing a hne on a map. Mr. Steele said even if the flood plain easement affected this property, and It does not, we're not doing anything regardmg bUIlding. We're dIvIdmg one parcel mto two parcels. CommISSIoner Hood asked if the Commission were dIvidmg the property 10 such a way that you could build on eIther half of it, wouldn't that be smoke-and- mirrors and dividmg things for the sake of pubhcIty rather than for the sake of real division? Mr. Steele saId "That sounds like a rhetorical question to me and I can't really answer it". Pubhc Hearinl: e MIchael Inc1edon. Engmeer Mr. Inc1edon introduced hImself as the engmeer who prepared TentatIve Parcel Map. No. 96-182. He responded to Commissioner Hood's questions by noting the three easements shown in the upper left corner of the map were placed there because they showed up in the title report. The flood plain easement IS only on the golf course and does not cover the land in question. The flIght clearance easement IS the same, it's only on the golf course. The avigatIon easement IS an over-flight easement that covers this land. It's not plotted because It covers the entire portion of the land. Mr. Steele clarIfied that the last two easements say you can't build above a certain height. Mr. Incledon noted the avigation easement says a buildmg's heIght cannot exceed the height limIts listed 10 the Federal Aviation regulatIons report prepared by the FAA. The flight clearance lists that also but also gIves the grantee of the easement the permission to trim trees and to inspect the property to be sure it's consistent with the easement. He dId not know the height hmlts but thought that Issue would be addressed when the bUIldmg permIts were requested. All three of the easements do allow constructIon on the property subject to certaIn restrictions of the easement. Mr. Whittenberg said avigation IS the correct term and It designates controls above land for flight operations. e There were no persons wIshing to speak 10 favor of this apphcation. -8- City of Seal Beach'" PlannlDg ColIUl1lsslon MlDutes of May 21, 1997 e Robert TImultee * 550 Old Ranch Road. Seal Beach Mr. Timultee spoke against this application. He noted he has lIved in Seal Beach for 23 years. He saId the tennis club was annexed into the CIty In 1965. In conjunction WIth the annexation the City zoned the property C-2 and It has remained the same to date. For 32 years the property has been used for recreation through the Old Ranch Tennis Club. Early this year the 500 members began to hear rumors that Bixby Intended to close the club and so notified its members. He has been a member of the club for 20 years. BIXby wishes to use the parcel for some other purpose other than recreation. He contended thIS was a major shift in use, a shift in the wrong dIrection. Many residents want no commercIal development on Lampson A venue east of the intersection of Seal Beach Boulevard and Lampson A venue except for the southeast comer. With no persons WIshing to speak further, the Chair closed the PublIc HearIng. CommisSIoner Comments e Commissioner Hood said he was still concerned to find, In writIng, that these easements do not apply to the property south of Lampson. He was uneasy about the oral assurances and wanted to have it in writing that the easements don't apply. The dIvision of this property does conform to the CIty'S regulatIon. It wouldn't be a hardshIp to postpone this to the June 4th meetIng WIth such a statement. Mr. Steele asked what form Commissioner Hood would like that? Plotted on the map? CommIssIoner Hood saId anythIng that IS legally bindIng; something SImple. Mr. Steele said Mr. Incledon has proposed removing the easements from the map which are not applIcable. And indicating that the one easement WhICh IS applicable. CommIssIoner Hood saId he'd be happy with that. Commissioner Law saId she has no objections to thIS. Even if the property owner were to build on thIs site they could only build what's allowed In the zoning code. Chairman Brown saId he would have no objection to contInuIng thIS to the June 4th meetIng. Mr. Steele said staff would be returning WIth a resolution at the June 4th meeting. e Commissioner Sharp said he had no objectIon to a continuance but stated he hated to see the property subdivided. He would have liked to have seen the -9- . City of Seal Beach'" Planning Commission Minutes of May 21, 1997 . situation settled a long time ago when Bixby Co. came to the City with their proposal, which at that time included deeding the tennis club to the City as well as the cellular phone easement. This would have been a wonderful community center for College Park East and the rest of the City. He didn't feel the Planning Commission had any right to hold the subdivision up. MOTION by Hood; SECOND by Yost to continue the Public Hearing on Parcel Map 96-182 to June 4, 1997. Staff will request the engineer to provide a revised map showing the applicable easement notes not on the map. MOTION CARRIED: AYES: NOES: 5-0-0 Brown, Hood, Yost, Law, Sharp STAFF CONCERNS Director Whittenberg indicated the Planning Commission was provided with copies of a letter from Michelle Brendell which was received by the City today at 5:28 p.m. COMMISSION CONCERNS There were no Commission Concerns. . ADJOURNMENT Chairman Brown adjourned the meeting at 8:15 p.m. Respectfully Submitted: . qc>~~~o..-_ Joan Fillmann Executive Secretary Department of Development Services NOTE: These Minutes are tentative or draft until approved. APPROV AL: These Minutes were approved by the Planning Commission on June 9 1997. ~ . - 10-