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HomeMy WebLinkAboutPC Min 1998-08-19 . . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for AUGUST 19,1998 7:30 P.M. · City Council Chambers 211 Eighth Street, Seal Beach, CA 90740 Next Resolution: 98-26 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. 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 Meeting Minutes of July 22, 1998 2. Receive and File: Staff Report to City Council, dated July 27,1998, entitled Seal Beach Naval Weapons Station Installation Restoration Program - Status Report re All Installation Restoration Sites. VI. SCHEDULED MATTERS 3. Election of Planning Commission Chainnan and Vice Chainnan 4. Introduction of Kyle Kollar, new Associate Planner 1 City of Seal Beach Planning Commission * Agenda of August 19,1998 s. Minor Plan Review 98-6 Address: Applicant: Property Owner. Request: Recommendation: 1003 Seal Way Richard Anderson Roger Burton Approval to remodel a non-conforming duplex. To enlarge an existing bedroom, a new bath, laundry and new deck. Approval, subject to Conditions of Approval, through the adoption of Resolution No. 98- _. 6. Study Session: Review of Decks Backing to Hellman Ranch. VII. PUBLIC HEARINGS 7. Zone Text Amendment 98-1 Applicant: Request: Recommendation: VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT City of Seal Beach Revise zoning ordinance requirements regarding political signs in residential neighborhoods. Recommend approval of ZTA 98-1 through the adoption of Resolution 98- _. 2 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. Thankyou. . . . City of Seal Beach Planning Commission * Agenda of August 19, 1998 . 1998 AGENDA FORECAST SEP 09 TENTATIVE: Review of Bixby Ranch Co. proposal. CUP 98-12 @ Vons/24-hrs [Cont'd. from 7-22-98 mtg.] TENTATIVE: CUP 98-13 * 600 P.C.H. - Restaurant Koi Expansion TENTATIVE: GPA 98-1, ZC 98-1 & VAR 98-5 @ 321 Seal Beach Boulevard (9 new houses) TENTATIVE: Staff Report re Undergrounding of Utilities SEP 23 OCT 0\ 1- TENTATIVE: Commercial Zones, Permitted Uses & Development Standards [From 5-6-98] OCT 20 TENTATIVE: ZTA on issue of side-yard setbacks along stub streets in the Gold Coast area of Ocean Avenue (from 3-4-98) TENTATIVE: Study Session re 3-Story structures on Main Street TENTATIVE: Height Limits in Commercial Zones (P.Campbell 7/27/98) TENTATIVE: Noise Standards in C2 Zones (P. Campbell 7/27/98) NOV 04 . NOV18 DEC 09 DEC 23 Agenda Forecast 1999 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT . NOV 12147 Seal Beach Boulevard * Seal Beach Market * Review #47 license. Sales began 2-10-98. CUP 98-8 * 12161 Seal Beach Boulevard * Champs Drive Thru Window Review at 12 months. 3 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 Thankyou. " -~ " . 4 .' . I .. - e e CITY OF SEAL BEACH PLANNING COMMISSION Minutes of August 19, 1998 The regularly scheduled Planning Commission meeting of August 19, 1998 was called to order by Chairman Brown at 7:30 p.m. The meeting was held in the City Council Chambers and began with the Salute to the Flag. ROLL CALL Presen t: Chairman Brown Commissioners Lyon, Larson, Hood, Cutuli Also Present: Department of Development Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Kyle Kollar, Associate Planner Joan Fillmann, Executive Secretary AGENDA APPROVAL Chairman Brown requested the July 22'x1 minutes be removed from the Consent Calendar for separate consideration. Mr. Clewley requested the study session on the decks be removed from Scheduled Matters and placed on the Consent Calendar. To be followed by removing it from the Consent Calendar so the public may comment on it. MOTION by Hood; SECOND by Brown to approve the Agenda as requested. MOTION CARRIED: AYES: 5-0-0 Brown, Hood, Larson, Cutuli, Lyon ORAL COMMUNICATIONS There were no oral communications. CONSENT CALENDAR MOTION by Hood; SECOND by Larson to approve item #2: 2. Receive and File: Status Report to City Council, dated July 27, 1998, entitled Seal Beach Naval Weapons Station Installation Restoration Program - Status Report re All Installation Restoration Sites. MOTION CARRIED: AYES: 5-0-0 Hood, Larson, Lyon, Cutuli, Brown ., e e e . City of Seal Beach - Planning Commission Minutes of August 19, 1998 Chairman Brown indicated that the Minutes of July 22, 1998 omitted Mary Law's name at Resolution 98-23. Staff will correct the Minutes. MOTION by Hood; SECOND by Larson to approve the Minutes of August 19, 1998 as amended . MOTION CARRIED: AYES: 5-0-0 Hood, Larson, Brown, Lyon, Cutuli SCHEDULED MATTERS 3. Election of Planning Commission Chairman and Vice Chairman MOTION by Hood; SECOND by Larson to nominate Brian Brown as Chairman of the Planning Commission. MOTION CARRIED: AYES: 5-0-0 Hood, Larson, Lyon, Cutuli, Brown MOTION by Cutuli; SECOND by Larson to nominate David Hood as Vice Chairman of the Planning Commission. MOTION CARRIED: AYES: 5-0-0 Larson, Lyon, Cutuli, Brown, Hood 4. Introduction of Kyle Kollar', new Associate Planner Director Whittenberg introduced Kyle Kollar, the new Associate Planner in the Department of Development Services who will be permanently appointed on September 1"1. Mr. Kollar introduced himself, noting he had worked as a Planner in California communities for fifteen years, specifically in the cities of Santa Clarita and Lancaster. He has also worked as a consultant for approximately six years. *. Resolution 98-24 Honor'iug Paul Yost Chairman Brown read Planning Commission Resolution No. 98-24, honoring Paul Yost for his service to the City's' Planning Commission from August 26, 1996 to May 6, 1998. Director Whittenberg expressed his gratitude to City Council member Yost for a job well done. City Council member Yost thanked everyone. He said the California Coastal Commission will again hear the Hellman Ranch project on September 9, 1998 in Eureka, CA and he asked people to write letters in support of the Hellman Ranch project proposal and get them to him. 2 ~ e e e " City of Seal Beach - Planning Commission Minutes of August 19, 1998 5. Minor Plan Review 98-6 Address: 1003 Seal Way Applicant: Richard Anderson Property Owners: Roger and Jerrie Burton Commission Ouestions Chairman Brown excused himself from participating in this matter, saying his home was within 300' of this property thus creating a conflict of interest. Vice Chairman Hood continued the meeting. Staff Report Mr. Whittenberg delivered the staff report. [Staff report on file in the Planning Department for inspection]. The applicant, Richard Anderson, sought approval to remodel a non-conforming duplex by enlarging an existing bedroom, adding a new bath, laundry and new deck. [Staff report on file in the Planning Department for inspection]. It was noted that this application complies with all existing codes relating to expansions of non-conforming buildings. The Planning Commissioners had no questions of staff. The applicants were present but declined to speak. The Commission decided to open a Public Hearing to allow public testimony. Public Hearing Reg Clewley * 945 Catalina. Seal Beach Mr. Clewley said he thought this applicant needed four more parking spaces, he has only two. He suggested using the 275 square feet enlargement for parking spaces, served by a car lift. No one wished to speak further and the Public Hearing was closed. Commission Deliberation Commissioner Larson said he was satisfied with this application. Commissioner Cutuli asked about conformity. Mr. Whittenberg said the application meets all conformity criteria. The existing exterior stairway is legally permitted. Commissioners Lyon and Hood had no comments. MOTION by Larson; SECOND by Cutuli to approve Resolution No. 98-26, thus approving Minor Plan Review 98-6, subject to three (3) Conditions of Approval outlined in the staff report. MOTION CARRIED: AYES: ABST AIN: 4-0-1 Larson, Cutuli, Lyon, Hood Brown 3 ~ City of Seal Beach - Planning Commission Minutes of August 19, 1998 e 6. Study Session: Review of Decks Backing to Hellman Ranch Staff Report Mr. Whittenberg presented the staff report. [Staff report on file in the Planning Department for inspection]. The report indicated the issue of decks backing to the Hellman Ranch was deliberated extensively by both the Planning Commission and City Council. ZTA 96-1 and Ordinance 1419 were prepared but not adopted. They were referred back to staff with direction to perform additional research concerning the scope, impact and administration of the proposed ordinance. Commission Ouestions to Staff The Chair asked what staff wants from the Planning Commission? Mr. Whittenberg said staff is seeking direction from the Planning Commission. Does the Commission want: [J To maintain the previous position taken by the Planning Commission; [J To not change the Code, leave the 10' setback as it is and require Code enforcement for those existing, non-permitted structures in that area. e If the Commission's wants to maintain the previous position, staff needs to reconstitute a new Zone Text Amendment and schedule it for Public Hearings. However, if the Commission feels the Code should not be changed, staff would need that direction from the Commission to take to the City Council to see if the City Council agrees with that position. Chairman Brown said the Commission's previous position was to leave the Code alone. That was appealed to the City Council by the property owner of 1733 Crestview. Mr. Whittenberg said at that time, the City Council instructed staff to prepare an ordinance which would allow consideration of keeping those non-permitted structures, subject to either the Minor Plan Review or a Conditional Use Permit. The City Council did not take a formal action to adopt those regulations, so the matter has been in limbo. It is now before the Commission to see if the Planning Commission's position has changed. Chairman Brown said he has never seen an inventory or listing of the properties involved. e Mr. Whittenberg explained that an accurate count would be difficult now because some of the decks/structures were built without City permits and no records exist to review. Also, the vegetation at the back of Gum Grove Park, adjacent to the Crestview A venue homes, is extremely heavy and makes it difficult or impossible to see what exists. The structures that can be seen pose a problem as to which property they're on. Staff 4 .. City of Seal Beach - Planning Commission Minutes of August 19, 1998 e estimates that five to eleven lots may have structures built without permits. The most accurate method to evaluate this situation is with aerial photographs. Chairman Brown asked what happens if the Planning Commission says they like the Code as it is and wants staff to proceed by Code enforcement? Director Whittenberg said aerial photographs would be taken of that area and they would be compared with the Orange County Assessors' parcel numbers for addresses and lots. That information would be compared to street addresses and building permits on file. Once you have an aerial photograph it's very easy to match that information to Assessor Parcels. The City's aerial photographs are approximately ten years old. Commissioner Larson asked about a subdivision map, which would show lots. Director Whittenberg said approximately 80 - 100 lots are involved and approximately five to eleven parcels are estimated to have structures without the proper permits. Chairman Brown said previous Planning Commission decisions were to keep the Code as it stood: e o Maintain the 10' setback with no structures allowed to be built in that 10'. DAfter 10' a 25' high structure could be built from the ground level. o Within the setback you can have a ground cover, a deck with a staircase Chairman Brown explained that the properties in question are large lots and slope downward at the rear. To take advantage of the full lot, some property owners have cantilevered decks to the end of the lot by using 25' to 35' girders to support the structure. As viewed from Gum Grove Park, these tall structures with the big girders are eyesores. The feeling of the Planning Commission, at that time, was that this situation was not fair to the people who used Gum Grove Park or to the Hellman Ranch property owners as it infringed on their property. The feeling was to leave the municipal Code as it stood and to let the City Council direct Code enforcement on this matter. Chairman Brown added that everyone in the City has setback requirements to obey. They're not allowed to build in the required setback area. The properties in this particular area are extra long. To have full use of the sloped area the property owners could terrace the property and could landscape it. e Chairman Brown said it was still his feeling to maintain the Code as it stands. Therefore, his view would be to take no action, to recommend no ZT A and to pass it back to the Council. He would be interested, however, in knowing how many properties are involved. 5 e e e ;. City of Seal Beach - Planning Commission Minutes of August 19, 1998 Commissioner Larson asked about the terracing and the configuration of the lots. He said he had a problem with the fact that this situation has existed eight or nine years but declined to discuss that aspect further. Chairman Brown said the Planning Commission has been told several times that Code enforcement is not within its purview. Although the Commission may direct preparation of a ZTA, the City Council directs the Code enforcement. The question is, does the Planning Commission want a ZT A to change the Code to bring these mostly illegally built structures into conformance? Commissioner Larson said that from what he's read in the minutes and staff reports that the laws governing Variances would not apply to these properties. The necessary findings could not be made. Chairman Brown asked if the City Council could decide not to enforce the municipal Code and, as such, to leave these properties in legal limbo? Mr. Steele said that to a large extent the City prosecutor and Planning Department decide what Code enforcement activity takes place. In the past, the City Attorney's Office has received direction on priorities from the City Council. The Council could choose to hire two or three Code Enforcement Officers and enforce everything or, they could choose to utilize staff it as they have and set some priorities. Chairman Brown said the question before the Planning Commission is how far does it want to proceed on this issue tonight? Commissioner Hood asked for a recap on the rights of the property owners. His understanding is that they have the right to use thei r property, to terrace it. If this is true, how much terracing can they put in? He then verbally sketched various situations. Director Whittenberg said terracing could be done but to change the grade on a property would require a full review through the City's Engineering Department to determine slope stability and other issues. To staffs knowledge, very few homeowners in that area have chosen this route. Most people leave it either in a natural state or, run a deck straight out from the lot's flat area and over the slope area. Commissioner Larson asked if the Hellman Ranch family wanted to be notified on the rear setbacks so they could put their garages on the rear property line? Didn't the Commission turn that down? Mr. Whittenberg said that was correct. Chairman Brown indicated that that is a separate issue. 6 . e e .' City of Seal Beach - Planning Commission Minutes of August 19, 1998 Commissioner Larson said it appeared to him that if the property owner(s) behind those homes on Crestview have to comply with the law, then the Crestview property owners should comply. Chairman Brown agreed, saying people throughout the City have to comply with the setback requirements. Director Whittenberg explained the City's five zoning districts and the varying setback requirements. Chairman Brown said he felt this would be a special privilege that the City would be giving to people whose properties backed to the Hellman Ranch. If the Hellman Ranch property owners wanted to do this same thing, the Crestview A venue property owners would be screaming about the Hellman's blocking their view. Commissioner Lyon said he had only had this material a few days and was not prepared to vote on it at this time. He said he would have to abstain from voting. Commissioner Cutuli asked if he should abstain from participating because his property backs to the Gum Grove Park. Mr. Steele said if his property is one of those properties that might potentially be affected that it would be a conflict of interest for Commissioner Cutuli to participate and recommended he abstain. Commissioner Larson said he was not ready to vote either. He wanted more facts. If we don't want to change, that means somewhere along the line, if the City Council doesn't take action, the Ordinance would have to be enforced. He would like to be in a position to know exactly what we're saying should be enforced. He'd like to see an aerial photo and a plot plan of the properties are in this same position. Chairman Brown agreed, saying it was a great idea and indicating that would ultimately have to be done anyway. He said it was appropriate for the Planning Commission to say take the studies and come back to us. Mr. Steele said the Planning Commission does not have a formal action agenda on this item. If the Commission could give staff direction staff could go from there. Commissioner Cutuli asked about one aspect of the properties. Mr. Steele advised him that he would have to abstain totally from this matter as a Planning Commissioner. He could, however, speak from the audience on his own interests. Commissioner Hood agreed with Commissioner Larson, saying the Code should be left as it is. He said the matter needs more information and recommended this be revisited in sixty days. 7 e e e ;. City of Seal Beach - Planning Commission Minutes of August 19, 1998 Reg Clewley requested to speak. Chairman Brown, with the consensus of the Commission, allowed public testimony. Reg Clewley * 945 Catalina A venue. Seal Beach Mr. Clewley said his property abuts the Hellman Ranch. He spoke about former Planning Commissioner Anton Dahlman, saying while Commissioner Dahlman excused himself and spoke from the audience this staff report contains a minority Planning Commission report from Commissioner Dahlman supporting this. He was in conflict of interest in doing that after excusing himself. Mr. Clewley read his prepared letter to the Commission [copy attached]. There were no comments or questions from the Planning Commission. Chairman Brown indicated the property owner of 1733 Crestview A venue is not the original property owner who built the deck. Mr. Whittenberg said that when the City became aware the property was changing hands, the City drafted a document that the present owners, the Myers, have signed. It says the Myers are aware that the deck was built without the required City building permits and that there was an on-going process with the City regarding possible changes to the City's Code requirements in that area and that they would comply with whatever requirements the City would ultimately adopt. A signed copy of that document is on file in the Planning Department. He said that recently the City became aware that this property might be for sale again. The City contacted the listing real estate agent and sent that agent a copy of this signed document so they can inform potential purchasers. Chairman Brown summarized the consensus of the Planning Commission. It is to request that staff prepare a report, including aerial surveys, and whatever it needs to ascertain exactly how many propel1ies are in violation of the setbacks and how many properties would be affected by a ZTA. Director Whittenberg said City staff would contact two or three aerial photography companies and see if current, stock photos are available. If a special flight is needed, that may take longer to arrange. Staff will come back to the Commission on September 9th or September 23n.1 with further information. Chairman Brown and the Director briefly discussed the resolution of satellite photos. 8 . e e , " City of Seal Beach - Planning Commission Minutes of August 19, 1998 PUBLIC HEARINGS 7. Zone Text Amendment 98-1 Applicant: Request: City of Seal Beach Revise zoning ordinance requirements regarding political signs in residential neighborhoods. Staff Report Mr. Kollar presented the staff report. He explained this matter is before the Commission on advice from the City Attorney's Office. Zoning Text Amendment (ZT A) 98-1 desires to adopt an ordinance, amending Chapter 28 of the City's municipal Code as it relates to permitted political signs in residential zones. Specifically, this proposal is a content-neutral ordinance, which would regulate the size and number of signs that might be placed on private property. The ordinance would pertain to neighborhoods located in the RLD and RMD zoning districts of the City. Commission Ouestions to Staff Commissioner Larson questioned the numbering in the municipal Code. The Director explained the numbering sequences. Chairman Brown asked if this ordinance was saying that political signs could go up immediately? Mr. Steele said the main objection or problem with the existing Code is that it basically says you can only put political signs up on your property within a certain time period before and after an election. The problem is two-fold: (1) a content restriction, with the City regulating of what a political sign on private property would say and (2) it's time restrictive --- with the City regulating what times the signs can be up on private property. This ordinance would remove those two restrictions. This would conform to current case law, which would say if you want to put a political sign up on your property you can do it at any time and the City will not regulate the content by saying it must pertain to an election. Chairman Brown asked if the City couldn't install a time limit on how long a temporary sign can be displayed? Mr. Steele said no, not on private residential property. Public Hearing Terry Myers * 1733 Crestview A venue Ms. Myers wanted to speak about the decks along Crestview A venue issue. Chairman Brown informed Ms. Myers that this item had been completed. He indicated he would re-open the public comment period to take her testimony later in the meeting. 9 . e e . .' City of Seal Beach - Planning Commission Minutes of August 19, 1998 Reg Clewley * 945 Catalina A venue. Seal Beach Mr. Clewley said when the term political signs is removed, the subject is left wide open for any kind of sign. He suggested opening up the time frame for signs and not say anything about them being political signs. For example, only signs will be allowed for forty days prior to an election. They don't have to be political signs, they could be any type of signs. He said it should not be left wide open because abuse could occur. Some people might leave signs up all year. There should be a way to restrict signage without using the word "political". He felt this subject deserves more study. Chairman Brown closed the Public Hearing. Commission Deliberations Chairman Brown asked about Mr. Steele what he thought about Mr. Clewley's comments? Mr. Steele said the word "political" is not the issue. The proximity to an election is not the issue. For example, if Mr. Clewley wants to put a sign on his property that says "No Decks" or "Enforce the Code" that's a political statement and a political sign but it has nothing to do with an election. Case law says that when you have private, residential property you have the right to engage in political speech. If the City says that the only forum for political speech allowed in this City on private, residential property, is a sign that goes up within 30 days of an election, then the City's choosing what kind of political speech is important and what kind is not. What staff has tried to do in this ordinance is to say "You're a property owner and if you want to make such a statement on your property in an as unobtrusive way as possible, you have the right to do that." In terms of looking to how other cities have done this, they represent 33 cities and everyone is grappling with this issue. We think this is the best way to go about it after studying the issue for a long time. Chairman Brown asked if the length of time a sign could stay up be limited but not limit the content? He said tattered signage would decrease property value. Mr. Steele said the City could not say, "You can put that sign up once a year" as is done with commercial signs. Then you get into someone having to drive around the City looking for expired signage. It would create a Code enforcement problem. The issue of political signs on private property has not been an issue since he has worked with the City of Seal Beach. Chairman Brown said it may not have been an issue because the City has had regulations on signage. It seems a bit strange that the City can regulate height limits, setbacks, the size of a dwelling but it can't regulate a sign that gets put in the front yard and left there all year. Mr. Steele said that is because it relates to free speech, especially in a political context. 10 e e e . " City of Seal Beach - Planning Commission Minutes of August 19, 1998 Commissioner Larson said the staff has reviewed this matter and the City Attorney has made a recommendation and he's familiar with the Constitution. He felt the Planning Commission should "get it over with" MOTION by Larson; SECOND by Cutuli to adopt Resolution No. 98-28, thus recommending to the City Council that Zoning Text Amendment 98-1, relating to the City's regulations affecting political signs in residential neighborhoods, be approved. MOTION CARRIED: AYES: 5-0-0 Larson, Cutuli, Brown, Lyon, Hood SECOND - ORAL COMMUNICATIONS Ms. Meyer * 1733 Crestview Ms. Meyer said she heard her name mentioned on the television as this meeting was broadcast and came down to City Hall to see what was going on. She said her house is not for sale. About two years ago there was an article in the Los Angeles Times newspaper which said the City Council was going to allow the decks to remain. After that she has heard nothing ofticiall y. Chairman Brown summarized that tonight the Planning Commission instructed staff to prepare information on how many properties would be affected by this study and how many decks are non-permitted and to come back to the Commission in sixty days. Ms. Meyer said she was concerned that there is much misinformation out there, rumors, innuendo and people talking about things that they really don't know anything about but think they do. She asked if she would be Noticed of changes to the status quo? Staff said yes, she would be Noticed when there is a formal proposal before the City. Reg Clewley * 945 Catalina Mr. Clewley said his property would be directly affected by the passage of this ordinance. There is a deck at 955 Catalina, next door to his property, which extends to the property line and it is not mentioned in the staff reports. He said Inspector Chuck Feenstra inspected this deck in 1996 and assured hi m that he would start Code enforcement. Nothing happened. When Mr. Clewley spoke to Mr. Whittenberg about the deck at 955 Catalina he had never heard about it. He doesn't expect anything to happen about this deck unless the property is sold. STAFF CONCERNS Mr. Whittenberg indicated that staff had included a memo in the Commission's packet that discussed recent and future restaurant changes. This memo is for information only. 11 e e e . . ' City of Seal Beach - Planning Commission Minutes of August 19, 1998 Mr. Whittenberg said staff provided a packet of information sent to the Bixby Ranch Company, to the City Attorney's Oftice regarding the Bixby property. Councilperson Campbell provided the packet to Planning Department staff. She asked that it be provided to the Planning Commissioners and EQCB board members. Regarding the Bixby Ranch project, Planning Commission Public Hearings will begin September 9th. Staff suggests the Commission will need more than one meeting on this matter and suggested the September 9u, meeting could be continued to September 16th. That would mean the Planning Commission was considering the matter on September 9, 16 and 23. Mr. Steele said the Agenda Forecast should show a Public Hearing on October 6, 1998 regarding the Howard Brief matter. The City Attorney's Office chose the October 6th meeting because the Commission has very full agendas in September with the Bixby hearings. This is a Variance revocation matter, which has not been able to be resolved. COMMISSION CONCERNS Dates for Planning Commission Meetings Regarding the continuance of the September 9th meeting, Commissioner Hood said he would not be able to attend on September 16u,. Alternate dates were suggested and it was determined the September 9u, meeting would be continued to September 17th. Staff is to check with Seal Beach TV3 to confirm that the will be available on September 9, 17 and 23rd to tape the meetings. Code Enforcement Photos Commissioner Hood thanked staff for its Code enforcement photographs. Also, a newspaper rack issue was mentioned on February 9, 1998. Newsrack Issues Mr. Whittenberg said he thought that matter had been resolved at the City Council level. Mr. Kollar said the City Council took action and would provide a memo to the Planning Commission at the next meeting. Height Limits and Commercial Zones Commissioner Hood asked if the Commission would be reviewing the issues of height limits and commercial zones? Mr. Whittenberg said yes, the Commission will see more matters appearing on the next Agenda Forecast. Agenda Cover Page Chairman Brown said he liked the new Agenda cover page. He suggested adding information on Conditional Use Permits, Variances, Zoning Text Amendments etc. 12 e e e . - City of Seal Beach - Planning Commission Minutes of August 19, 1998 Restaurant News Chairman Brown read the staff memo for the television audience. ADJOURNMENT Chairman Brown adjourned the meeting at 9: 12 p.m. The next Planning Commission meeting will be September 901. Respectfully Submitted, , ~~ Joan Fillmann Executive Secretary Planning Department APPROVAL: The Planning Commission Minutes for August 19, 1998 were approved by the Commission on September ~ 1998. ~ jvf 13 .... ~ . .. . stephen Reg Clewley 9+5 Catalina Ave. Seal Beach, CA 90740 Aug. 19, 1998 e City of Seal Beach Planning Commission City Hall 211 Eighth st. Seal Beach, CA 907+0 R~: August 19, 1998 STAFF REPORT Rear Yard Setbacks, Decks Along Crestview, Catalina and Surf place CITY OF SEAL BEACH , AUG ~ ~ 1998 DEPARTMENT OF DEVELOPMENT. SEffinCES Honorable Chairman and members of the Commission: e I object to this matter appearing on calendar as a scheduled matter. ~hile staff might like to think of this transaction as administrative in nature clearly the emphasis intended is to ensure an absence of public testimony pertaining to errors of ommission or deliberate misrepresentation of facts. The current status of Variance 5-90izTA 96-1/0rdinance 1419 is that the matter has been denied, twic e by the Planning Commission alld twic e by t:le c; i ty G OUL_C il. A bewildered 0ity GouLcil voted to ask staff for direction, staff told the council it would report back two meetings hence and did nothing of the sort. This issue had its genesis on December 22, 1989 when building inspecter Chuck Feenstra red tagged 1733 Crestview by issueing stop Work Order No. 1112. No enforcement action has ever been initiated, otherwise the property would have long since belonged to the city or the structure would have long since been brought into conformity with pre-existing codes related to building and zoning. While the attachments to this staff report document in detail and verbatim n~arly every word ever said in support of the proposed variance, Zoning Text Amendment, and Ordinance as much as possible has been done to obfuscate the underlying facts, summarize the verbal opposition, and delete or detroy written communications received in opposition to this Variance/Zoning Text Amendment/Ordinance. - ;' . 2 't'[here the staff report background information seriously 4It diverges from the facts of the matter begin on page 2 within the second paragraph thereon. The Commission's decision was appealed to the City Council and a building permit was issued in violation of stop l;lork Order ~:o. 1112 allO\ving construction to COffiQenCe at 1733 Crestvie\v which included the illegal installation of an exterior staircase from newly created living space on the 2nd floor to the ground floor level without requiring additional parking. That oversite was corrected administratively by passing a law to allow pre-existing exterior staircases. Paragraph 4 of page 2 omits the particularly relevant fact, that during December '97-January '98, the Council considered Ordinance 1419 and, after discussion and deliberation the Ordinance failed. lrlhat we have here is a case of deja VUe ~,-owhere in the materials provided you by staff is there any attempt to explain why it took five years from the time the Appeal of Variance 5-90 was denied for staff to produce 30ning Text Amendment 96-1 however the regulatory and procedural approach employed by staff can be glimpsed on page 8 4It of the City Council minutes of 3eptember 8, 1997 near the middle of the page where, "The IVJanager offered that with the adoption of the ordinance proposed the City would send letters to property owners known to have existing decksJadvising of the new regulations and requiring compliance upon the sale of the home, or before if desired . by the home owner." There was nothing haphazard regarding the timing for the emergence of ZTA 96-1 it was precipitated by the sale of the property. How the City Council and staff would like nothing more than to repeat this regulatory and procedural approach burying the issue in endless dialog and navel contemplation for so long as the Myers own the offending property. There is but one problem, the jig is up, the cat is out of the bag, they aren't going to get away with it. In the future only fools will purchase a building permit, because the city is known to have no interest in enforcing the codes. .'