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HomeMy WebLinkAboutPC Min 1998-07-22 . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for JULY 22, 1998 7;30 P.M. · City Council Chambers 211 Eighth Street, Seal Beach, CA 90740 Next Resolution: 98-25 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 June 17, 1998. 2. Receive and File: June 23, 1998 Staff Report to City Council liThe State of the Region - Measuring Progress Into the 21st Century". 3. Receive and File: June 22, 1998 City letter to Weapons Support Facility, Seal Beach re: Draft Action Memorandum/Removal Action Work Plan - Non-Time Critical Removal Action for Installation Restoration Program Site 19 - Building 241 Disposal Pit, Weapons Support Facility, Seal Beach... " 4. Receive and File: Staff Report to City Council, dated June 22, 1998, entitled: Notice of initiation of Studies - State Route 22 and 1-405 Freeway Improvements. 5. Receive and File: Staff Report to City Council, dated July 13, 1998, entitled:Receive and File - "Draft Fast Forward Long-Range Transportation Plan Action Element- Orange County Transportation Authority, and Comments from OCCOG. . 1 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. City of Seal Beach Planning Commission * Agenda of July 22, 1998 . 6. Receive and File: Staff Report to City Council, dated July 13, 1998, entitled: Receive and File - Orange County Council of Governments - 197 General Assembly Summary of Recommendations. 7. Receive and File: Staff Report to City Council, dated July 13, 1998, entitled: Receipt of Orange County Council of Governments "Air Quality Update" and Priority Legislation Bill Tracking. B. Receive and File: Staff Report to City Council, dated July 13, 1998, re City regulations affecting political signs in residential neighborhoods. 9. Receive and File: Staff Report to City Council, dated July 13, 1998, entitled: Receive and File - Responses to City Comments re SCAG "1998 Regional Transportation Plan" and "1998 Regional Transportation Plan". VI. SCHEDULED MATTERS 10. Receive and File: Status Report re Interim Ordinance on 3-Story Structures within the Main Street Specific Plan area. From City Council meeting of June 22, 1998. 11. Receive and File: Staff Report to City Council, dated July 22, 1998, entitled: Consideration of Section 28-2407 - Enlargements or Structural Alterations to Non- conforming Residential Buildings and Uses. . VII. PUBLIC HEARINGS 12. Variance 984 Address: Applicant: Property Owner: 118 12th Street Mary and Nicholas La Forte Mary La Forte Request: Approval of a Variance to allow a previously existing non-conforming single family residence at 118 12th Street to be replaced by a new structure with the previously existing non-conforming setbacks. The property was non-conforming due to inadequate side and rear setbacks of a previously existing detached garage and inadequate side yard setbacks on the north side of the previously existing dwelling. The proposal includes the addition of 136 square feet to the first floor and a new 1,098 square foot second floor. . The Planning Commission had previously approved Conditional Use Permit 98-7, permitting certain additions to the non-conforming structure described above. Further evaluation of the existing structure indicated it was not possible to add to the existing structure and it has been demolished. The Variance request is to allow a new structure to be built as approved under CUP 98-7. 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 July 22. 1998 . Recommendation: Approval, through the adoption of Resolution No. 98-_. subject to Conditions of Approval. 13. Conditional Use Pennit 98-12 Address: Business: Applicant: Property Owner: Request: 1101 Pacific Coast Highway Von's Pavilions The Vons Companies The Geigerich Company To allow the existing Pavilions market to operate from 2:00 a.m. to 6:00 a.m., allowing a 24-hour business operation. Recommendation: Approval, through the adoption of Resolution No. 98-_. subject to Conditions of Approval. VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT . . 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. City of Seal Beach Planning Commission * Agenda of July 22, 1998 . AUG 05 AUG19 SEP 09 SEP 23 OCT 06 OCT 20 NOV 04 NOV18 DEC 09 DEC 23 . 1998 AGENDA FORECAST Deadline for completed applications: July 1, 1998. None received. TENTATIVE: Review of decks et al backing to Hellman Ranch.1 TENTATIVE: Review of Bixby Ranch Co. proposal. TENTATIVE: Commercial Zones, Permitted Uses & Development Standards [From 5-6-98] . 1 This involves aprox. 130 properties. 4 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 July 22, 1998 . JAN FEB MAR APR MAY JUN JUL AUG SEP OCT . NOV DEC Agenda Forecast 1999 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. And Beyond... Calendar: April 2001: CUP 98-6 @ 12147 Seal Beach Boulevard (Yucatan Grill) Review ADA handicapped-accessible restroom. (36 months from April 1998). . 5 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. e e e " City of Seal Beach Planning Commission Minutes of July 22, 1998 The regularly scheduled Planning Commission meeting of July 22, 1998 was called to order by Chairman Brown at 7:31 p.m. The meeting was held in the City Council Chambers and began with the Salute to the Flag. ROLL CALL Present: Chairman Brown Commissioners Lyon, Larson, Hood, Cutuli Also Deoartment of Develooment Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Joan Fillmann, Executive Secretary Chairman Brown introduced and welcomed Tom Lyon, the newly appointed Planning Commissioner from District 4. AGENDA APPROVAL The Director indicated he had received a letter from Urban Solutions, Inc. on behalf of Vons, Inc. They requested the Public Hearing on CUP 98-12 be continued to the Commission's September 9th meeting. Staff recommended continuance. [Attached). Additionally, item #1, should be removed from the Consent Calendar for separate action because Commissioner Lyon would need to abstain. Additionally, Resolution 98-23 honoring Commissioner Law, needs to be added to tonight's agenda. MOTION by Hood; SECOND by Cutuli to approve the agenda as amended. MOTION CARRIED: AYES: 5-0-0 Hood, Cutuli, Larson, Brown, Lyon RESOLUTION 98-23 Chairman Brown read Resolution No. 98-23 honoring former Planning Commissioner for her seven years of service on the Planning Commission. ORAL COMMUNICATIONS There were no oral communications. 1 City of Seal Beach Planning Commission * Minutes of July 22, 1998 . e CONSENT CALENDAR MOTION by Hood; SECOND by Cutuli to approve the Consent Calendar as follows: 2. Receive and File: June 23, 1998 Staff Report to City Council'The State of the Region - Measuring Progress Into the 21st Century". 3. Receive and File: June 22, 1998 City letter to Weapons Support Facility, Seal Beach re: Draft Action Memorandum/Removal Action Work Plan - Non- Time Critical Removal Action for Installation Restoration Program Site 19 - Building 241 Disposal Pit, Weapons Support Facility, Seal Beach. . . " 4. Receive and File: Staff Report to City Council, dated June 22, 1998, entitled: Notice of initiation of Studies - State Route 22 and 1-405 Freeway Improvements. e 5. Receive and File: Staff Report to City Council, dated July 13, 1998, entitled: Receive and File - "Draft Fast Forward Long- Range Transportation Plan Action Element - Orange County Transportation Authority, and Comments from OCCOG. 6. Receive and File: Staff Report to City Council, dated July 13, 1998, entitled: Receive and File - Orange County Council of Governments - 197 General Assembly Summary of Recommendations. 7. Receive and File: Staff Report to City Council, dated July 13, 1998, entitled: Receipt of Orange County Council of Governments IIAir Quality Update" and Priority Legislation Bill Tracking. B. Receive and File: Staff Report to City Council, dated July 13, 1998, re City regulations affecting political signs in residential neighborhoods. 9. Receive and File: Staff Report to City Council, dated July 13, 1998, entitled: Receive and File - Responses to City Comments re SCAG 111998 Regional Transportation Plan" and 111998 Regional Transportation Plan". MOTION CARRIED: AYES: 5-0-0 Hood, Cutuli, Larson, Lyon, Brown e 2 City of SealSeach Planning Commission * Minutes of July 22, 1998 e MOTION by Hood; SECOND by Larson to approve item #1 t Planning Commission Meeting Minutes of June 17, 1998. MOTION CARRIED: AYES: ABSTAIN: 5-0-0 Hood, Cutuli, Larson, Brown Lyon SCHEDULED MATTERS 10. Receive and File: Status Report re Interim Ordinance on 3-Story Structures within the Main Street Specific Plan area. [City Council meeting of June 22, 1998] Staff Report Director Whittenberg informed the Planning Commission that the City Council has extended their moratorium on City approval of 3-story structures in the Main Street area for an additional ten months and fifteen days. During October/November staff will come back to the Planning Commission for a study session to discuss the issue of 3-story structures and height limits on Main Street. e Chairman Brown asked why one building in the 300 block of Main Street was excluded from this moratorium? Director Whittenberg said that site, a vacant lot, was already in the City's plan review and approval process. The City has had a policy that if someone has a project already in the review and approval process at a time the City considers adopting an urgency ordinance that those projects already in the process will be exempt and are allowed to continue through. The City Council thoroughly discussed whether or not they wanted to continue this policy in this case. They decided to keep that policy and exclude this site from the urgency ordinance. The Council did not discuss residential units on Main Street. The Code does not allow new residential uses in the Main Street Specific Plan area. Chairman Brown asked Mr. Whittenberg to include the draft for the Main Street Specific Plan as applicable on reports. 11. Receive and File: Staff Report to City Council, dated July 22, 1998 entitled: Consideration of Section 28-2407 - Enlargements or Structural Alterations to Non-Conforming Residential Buildings and Uses. e Director Whittenberg explained this item is on the Planning Commission's agenda based on previous direction from the Commission to staff. Staff was asked to provide background information on how the City currently deals with non-conforming residential structures. Part of this report includes current Code 3 City of Seal Beach Planning Commission · Minutes of July 22, 1998 e provisions that allow expansions and alterations. Some can be accomplished over-the-counter but others need a Minor Plan Review, which limits the size of an expansion to a certain square footage, and still others need a Conditional Use Permit, where the Code allows for fairly major expansions. 1992 was the last time those Code revisions were reviewed and it was a lengthy process, involving several study sessions with both the Planning Commission and City Council. The issue tonight is whether the Planning Commission wants to forward a request to the City Council to revisit this issue again. The Council would make a determination on whether they want staff to start reviewing. The Commission briefly discussed whether to take one or two votes on items #10 and #11. They decided to take one vote. ' Rea Clewlev * Catalina Avenue spoke from the audience against simply Receiving and Filing this item. The Commission attempted to explain how they viewed this item. Mr. Whittenberg restated his previous comments on what this staff report contains. He indicated this report was available to the public and the Agenda was posted as required by law. The Agendas are available at libraries, a City Hall. e The Chairman explained this information is old information. There is nothing new in this report and nothing that has not been discussed at previous meetings. Commissioner Hood said a few meetings ago the Commission's Chair requested a review of this issue and asks the Council for direction. Staff has made a report and now is the Commission's chance to decide whether it wants to discuss the philosophical issues in this report. The Chair said he did not wish to take this issue further. This is not the time to undertake this study because there are other, more pressing issues. MOTION by larson; SECOND by Cutuli to ask the City Council to authorize staff to begin a review process and formulation of proposals to consider at Public Hearings before the Planning Commission re Section 28-2407. Before the vote, the Commission further discussed the timing of this matter. The Chair restated his position on the other hearings that will shortly be before the Commission. e MOTION FAilS: AYES: NOES: ABSTAIN: 1-3-1 larson Brown, Hood, Cutuli Lyon 4 City of Seal Beach Planning Commission * Minutes of July 22, 1998 It MOTION by Hood; SECOND by Cutuli to receive and file items #10 and #11. MOTION CARRIED: AYES: NOES: 4-1-0 Hood, Cutuli, Brown, Lyon Larson Before the Public Hearings, the Director reminded the audience that the Public Hearing for Vons request had been continued to September 9, 1998 and it would be re-Noticed. The Chair remarked that it frequently happens that an applicant requests a continuance shortly before the Public Hearing. This is unfair to the members of the public who attend to testify. He asked if there was a time limit? Mr. Whittenberg said no; it is a matter of Commission discretion. In the past, the Commission has determined to take public testimony and then continued the item and again received testimony. PUBLIC HEARINGS e 12. Variance 98-4 118 12th Street Staff Reoort Director Whittenberg presented the staff report. [Staff report on file in the Planning Department for inspection]. The applicants, Mary and Nick La Forte, requested approval of a Variance allowing them to replace a previously existing non-conforming single family house with a new house with the previously existing non-conforming setbacks on the first floor. Mr. Whittenberg indicated there had been a miscommunication between himself and Mr. La Forte during a meeting a City Hall. He said he accepts responsibility for this. Commission Questions to Staff Chairman Brown asked where the State's Variance findings are in the staff report? Mr. Whittenberg showed him where they were and, at the Chair's request, reviewed those findings. Commissioner Lyon said it was his understanding that the applicants applied for a Conditional Use Permit (CUP) and the Commission agreed to grant it. When the applicants found out that the foundation wasn't acceptable the Commission is now going to change its approval. e 5 City of Seal Beach Planning Commission * Minutes of July 22, 1998 . Mr. Whittenberg said the issue was more involved. He explained the applicants did apply for a CUP to expand an existing but non-conforming residence (due to setbacks). The Planning Commission approved this request which would have allowed a second story addition and modifications on the ground floor. During the permitting and demolition process it became apparent that the existing structure needed to be demolished. At that point there was miscommunication between the Planning Department and the applicant. Mr. La Forte thought he had the authority from the Planning Department to demolish the structure and rebuild it in place, with the non-conforming setbacks. Under the Code, once a non-conforming use no longer exists, any new development must meet current Code requirements. Staff thought they were making it clear he could not do that and he obviously heard something else. Staff was not clear in its direction to the applicant. Based on what he thought he had heard, Mr. La Forte demolished the old house and went out and purchased a new pre-fabricated house to fit in the previously existing setbacks. e Public Hearina Nick La Forte * 357 13th Street. Seal Beach Mr. La Forte said it was just today, Wednesday afternoon, when they found out Director Whittenberg had not included the garage in this Variance request. Mr. La Forte said the garage's conformity is a critical part of the application. He apologized to the Commission for handing them a packet of materials [copies on file in the Planning Department for inspection]. He requested a five-minute recess for the Commission to review this packet. RECESS: 8:15 - 8:22 p.m. Commissioner Larson said that to him the miscommunication issue was of great importance - what caused the applicant to believe he could demolish that house and rebuilt it on the same footprint. e Mr. La Forte continued. "Mary and I are average people. We're not anything special. We don't know everything. We look to others for guidance, as you do. You have an attorney present because you don't know the law. We relied on City people. We have been here since 1991. We built a house on 13th Street. We dealt with all the building officials and departments then. We rely on people because we don't know all the codes and we don't know all the laws. And we built our house. Mary and I are rule followers, we do not make waves. We worked with the City from the very beginning on this project. Even before we built the lot, I had Barry Curtis out there - he's become a half-assed friend over the years. I said 'Barry what can I do with this?'. Chuck Feenstra was out on the lot with me. We went over it. Every step of the way I kind of go with the City. When you passed the CUP you said this is the easiest CUP we've ever had in Seal Beach. There was a reason for that. Because we worked with the City from the very beginning. We only had to make a change of moving something three 6 City of Seal Beach Planning Commission * Minutes of July 22, 1998 e inches - it was the only conditional change we had to make. We do that. That's the type of people that we are. And when we started the demolition of this building we found termites, dry rot, a structurally unsound building, a foundation that couldn't support anything that a builder could put on. And after two days of demolition I went up to see Lee. I said 'Lee, I've got a problem. I don't know what to do'. I told him what it was. And based on what he told me at that meeting, and I got out of that it's okay if you tear down the building, just be sure you put it back in the same place as the CUP said. This is a special circumstance - I don't know anything about CUPs. When I built our house on 13th Street we didn't have a CUP or a Variance. And I relied on what he said. I went back to the site and tore the house down. It was a little shack. It took two more days. The following Monday we started the foundation, put the underground plumbing in. We left the existing slab in the back, in the garage, because we thought we could use that. Cost me another $1000 to tear the rest of everything down - I wasn't pleased with that either. And then four days later I got a letter from Lee saying you cannot build your house as per the CUP. And I was up here in about ten seconds. I don't know what happened. I thought I understood what he told me. Now remember, we're people who follow the rules, we're people who do what we're supposed to do. And you kind of have to believe that there was something going on in that office between he and I. I thought I was doing what I was supposed to do. It doesn't make much sense for me as a human being to go through the CUP process, pay all the money, all the time involved, pay interest on the lot, do everything that has gone on in the last four or five months to destroy it all by tearing down one wall - or whatever the conversation was. I'm not going to do that. If you knew me, you knew I wouldn't do that. If I wanted to do that in the beginning, I wouldn't have gone through the whole CUP process. And that's - I went to see Lee and we are here before you, asking you because it is a special extenuating circumstance and neither of us foresaw this. I thought I was doing - was relying on what I heard him say. I don't know what happened in there. We have a different story as to what happened. I don't think that if you give us the Variance that there's anything materially changed from the beginning. We're building the same thing that was there before. Our intent was never to do anything against the City rules. It's just a special, extenuating circumstance that nobody foresaw. And, we're experiencing emotional and financial hardship because of the fact that the house is pre-engineered and pre-built. The foundation is in. The old slab is there for the garage and the foundation. It's just very, very emotionally upsetting for Mary and I because we have done everything that the City required. You have no problem with us. For us to be here tonight is very frustrating. And we ask you if you can pass the Variance and allow us to build the house and the garage, using the same set of circumstances for the Variance for the home as putting the existing garage back where it was because the foundation is still there. Tha~s in your package, the picture. And I hope that you'll pass it and let us build our home. And if you have any other questions we can talk about it after the Public Hearing. Thank you. City of Seal Beach Planning Commission · Minutes of July 22, 1998 e The following person spoke in favor of Variance 98-4: Bruce Stark * Seal Beach Mr. Stark said he was delighted to speak in favor of granting this Variance because the City is making some real breakthroughs that he has championed for many years. For one, cost is now a consideration. When making determinations on various projects the City should take into consideration the costs involved, as they are no small matters nowadays. Tonight's discussion has said that cost is a consideration when granting a Variance. When granting a Variance three determinations must be made. One of those determinations is a finding of special circumstances relating to the property. Cost consideration is not a factor for the property and there is nothing peculiar about this property. This property is had a very old building in a very old city. The other factor is no grant of a special privilege in granting a Variance. The Planning Commission has gone overboard to avoid even the hint of a special privilege. e He was in favor of allowing the La Forte's to build their house on the same existing footprint. There may support for this in State law. "And since you are so opposed to special privileges, I am sure that what you're granting for Mr. La Forte, which is correct, will also apply to the owners of other property on 12th Street, on the east side of the street. For I too have a piece of property just north of Mr. La Forte's. And I too have a foundation on the back of my property where a garage once stood. My proposal would be to restore that garage. And I'm certain since there's no special privileges involved that you'll allow me to do this, just as you're going to allow Mr. la Forte to do this - which I think is right. Here's a man who comes into town, buys an old house, decides he wants to remodel it and like so many, finds that there's been an act of God or an act of termites that has made in unfeasible, can't put a second story on it. You don't find out these things until you tear into them ... and as he indicated he came to the City, straightforward, and said look this is what I've found. I guess it's another staff error when he was told well you can go ahead and put your place up on the same footprint. Then all of a sudden somebody changed his or her mind. Well, that's not fair to Mr. la Forte nor is it fair to the other property owners along 12th Street. And I've looked up and down the alley on 12th Street. And you have garages sitting out there now, the same distance as Mr. La Fortes ... n. He urged the Commission to approve this. He found it refreshing to see the City looking again at these applications and making realistic considerations on the building that goes on in this town. e 8 City of Seal Beach Planning Commission · Minutes of July 22, 1998 e The following person spoke against Variance 98-4: Rea Clewlev * Catalina Avenue. Seal Beach Mr. Clewley referred to the staff report on Section 28-2407. He said the Planning Commission received and filed this report without reading it or letting the public read it. The Chair asked Mr. Clewley to speak to Variance 98-4. Mr. Clewley said he wrote and mailed a letter to the City outlining his opposition to Variance 98-4. He mailed the letter to test whether mailed correspondence would be included in the Planning Commission packet or made available to the Planning Commission. He said this matter should be continued for two weeks, until the Planning Commission has had an opportunity to review his one page letter. Mr. Clewley complained that the legal Notice for Variance 98-4 had the word "previously" misspelled; the "u" was omitted. He said the courts have always weighted very heavily where spelling is concerned. He felt the Notice should be run again in the Sun newspaper because the "u" was missing. Director Whittenberg informed Mr. Clewley that a typographical error doesn't invalidate the Notice. It Mr. Clewley said the Planning Commission cannot make any of the three State mandated findings. "If there's any mistake here, it's the mistake of staff leading people to believe that they can build anything they want wherever they want... ". The City needs to realize that when it remodels very old houses leaving one wall standing is not an excuse to expand these dwellings or businesses. That's what this rule is being used for. "You leave one rickety old wall standing and you can build to the property lines in which way as long as it was pre-existing ...". Cases have come before the City Council in which it is shown an applicant broke the law but we want to let them keep it anyway. "If you've got a law, it's the same law for everybody". He said the City must follow the building codes, leave green space around the house - "something of God's creation left", obey the law and build to the building codes, and when people tear down a building bring it up to code when rebuilt. Director Whittenberg read Mr. Clewley's letter, received July 21, 1998, into the Record. He also said an anonymous letter had been received on July 22, 1998 signed from "A Seasoned Old Town Resident". Rebuttal The La Forte's declined to rebut. Chairman Brown closed the Public Hearing. e 9 city of Seal Beach Planning Commission * Minutes of July 22, 1998 e Commission Deliberations Commissioner Lyon said he was in favor of approving Variance 98-4 because the Planning Commission gave it to him once and now they want to take it away. If the foundation was so poor, how did it get put in there in the first place? It's only seven inches under the ground. The City made a mistake by not checking it when they put it in in the first place. Now that he wants to correct it, the Commission doesn't want him to do it. Commissioner Cutuli said when you have a shack that's many years old, and you plan on adding to it to do a remodel, before you do the remodel you have an engineer look at it to determine whether you have termite-ridden walls or a foundation that's only 7" deep and you cannot add to it. Was this done? The Chair said it wasn't proper to ask questions during Commissioner deliberations. The Commission asked to have the Public Hearing reopened. MOTION by Cutuli; SECOND by Hood to reopen the Public Hearing. MOTION CARRIED: AYES: NOES: 4-1-0 Cutuli, Hood, Larson, Brown Lyon e Public Hearina Commissioner Cutuli asked Mr. La Forte if this engineering work was done? Mr. La Forte said he understood the question and said he had to go back to the point that he didn't know what a CUP was. I went to the City, I asked them what it was. If I wanted to do this, they told me I had to do this. And that's what he did. '" went through the process exactly as I was supposed to. I didn't know you had requirements about inspecting buildings before hand. 'don't know how that works with CUPs. I have to claim ignorance. And again, I rely on the City". Commissioner Cutuli said his question was not about the CUP process but about Mr. La Forte's setting up the plans for the remodeling of the house with the engineering firms or contractors. They would have known instantly whether this was capable of supporting the remodel. e Mr. La Forte said he couldn't agree that the engineers would have known instantly. They knew that the garage foundation and slab would work. But they didn't find out about the termites, dry rot and the foundation being below grade until the actual demolition. Some things you can't find out until you tear it apart. "'t brings me to the point, how much has to be left? I don't understand that ... and I don't think we should be penalized because of this grayness. I contend that we did everything that we were supposed to do... ". 10 City of Seal Beach Planning Commission * Minutes of July 22, 1998 e Commissioner Hood asked Mr. La Forte the following specific questions: Hood: La Forte: Hood: La Forte: Hood: La Forte: Hood: e La Forte: Hood: La Forte: Hood: La Forte: Hood: La Forte: Hood: La Forte: e What's the last date you were told you could go ahead? As soon as the CUP was approved. The CUP was approved May 6, 1998. What was the date you discovered that the structure would not hold? I pulled the demo permit on May 21, 1998 and then I found the asbestos. So I didn't start tearing the building down until the end of May. Which came first, tearing the building down or taking the asbestos out? The asbestos was first. That's quite a process, which includes waiting periods of seven or ten days. When were the termites discovered? In tearing down the walls, Tuesday, May 26, 1998. You took out a demo permit to take out the asbestos? No, that was to tear down the house for the remodel. Do you mean tearing down the entire house or tearing down for the remodel? For the remodel. We want to leave as much as we can. We don't want to tear everything down. We want to build with as much as we can leave. And we found, oops we have a problem. After two days I went to see Lee. What date did you see Mr. Whittenberg? Thursday. May 28, 1998. And he purportedly told you that you could go ahead and do it as you wanted to do it? Right. 11 City of Seal Beach Planning Commission * Minutes of July 22. 1998 tit Hood: At what point did you receive the letter from him that you could not? La Forte: The following Thursday. I was shocked to get that letter. By May 29th the house was torn down. By Monday we started the forms, the foundation, the footings and then I got the letter from him. Hood: On what date did you order the building from the pre-fab place? La Forte: As soon as the CUP was passed. Hood: Wait a minute. The CUP was for the addition to an upper story, it was not for the whole building. La Forte: Right. Hood: At what point did you order the pre-fab for replacing the whole building? You couldn't have added to the existing building because you demolished it. La Forte: We tore a wall out, we tore a floor up to see if we could see anything. The asbestos removal let me see some of the dry rot. Then I realized we wouldn't be able to use a lot of it. So I ordered e probably the remainder of the building. Hood: Wait, you had to talk to Whittenberg. And you talked to Whittenberg on May 28th. So you didn't order anything before the 28th because you didn't tell him and you didn't know anything before that time. So you couldn't have ordered anything before the 28th of May. La Forte: Okay. I don't recall but I'll say okay to that. Hood: He [Whittenberg] told you on June 4th that you couldn't do it. La Forte: Right. Hood: My question is, surely they did not have the whole structure built for you in a week's period of time. La Forte: This house is built in the factory in four hours. It's a pre-fab steel house. It's pre-approved and pre-permitted. It's an entirely new process. Lee [Whittenberg] was aware of this from his work in Bellflower; we talked about it at the meeting. So it's very possible that the house was completed and mostly done in that week. The - house will go up in two days -- floor to ceiling. 12 city of Seal Beach Planning Commission · Minutes of July 22, 1998 e Chairman Brown closed the Public Hearing. Commissioner Cutuli had no further comments. Commissioner Larson expressed several concerns. First, Seal Beach is a small city and they tend to deal with each other as people and talk things out. This, however, is not working out. Staff should tighten up and confirm everything in writing immediately, the day when they have a conversation on whether somebody can do something. "I don't know who said what. I have a great respect for Lee and he knows the ordinances and I can't believe he would say anything contrary to what the ordinances provide. A misunderstanding maybe because the applicant is not a builder and doesn't understand perhaps the works of art". Regarding the driveway, staff is correct. All they would lose is some of their patio by just extending the existing garage pad back. The one witness who spoke in favor of this application "scared me to death" because it looked like there would be a whole block of people who want to get into the setback with their garages. This is not the policy. I don't intend to vote for a new policy on setbacks. e Therefore, due to the misunderstanding and the status of the building at the present time, I can't support the garage going to the end of the property line. Chairman Brown said Bruce Stark's comments seemed loaded with sarcasm and he was probably not speaking in favor of this application. Chairman Brown then discussed several misunderstandings: [J When somebody has a previously existing structure and they want to add on to it, to "remodel", the City has rules as to how much you can add on. But, if somebody wants to add a second story and they want to keep their non- conforming structure, we say fine, you can keep what you already have but all new construction always has to meet current codes and setbacks. "I have made it a point in almost every case to say that, that with previously existing structures we don't make people tear things down, but with all new construction we have always required people come into the code". He said those comments are in the minutes for the discussion on the CUP for 118 12th Street. He said he read these minutes on his comments and his comments were very clear. [J There may have been some misunderstanding between Director Whittenberg and this applicant. However, he was certain the Mr. Whittenberg knows the codes and rules. He was willing to say there was a misunderstanding. - 13 City of Seal Beach Planning Commission * Minutes of July 22, 1998 e Nevertheless, that does not change what the law is. To approve a Variance the Planning Commission must make three State-mandated findings: c It won't adversely affect the City's General Plan. Clearly this would affect the General Plan. Bruce Stark testified as to how it would affect the General Plan in regard to every property on 12th Street. This would set a precedent. It would allow people to take a pad, or any previously existing structure, and say just because it was there; I'm going to build a new structure to the same setbacks. c Special Property Circumstances There are no special property circumstances. The special circumstance in this case is that there was a miscommunication or a misunderstanding between the applicant, Nick La Forte, and Director Whittenberg. The applicant did not understand what he could or could not do. That doesn't change the fact that there are no special property-related circumstances. e c Special Privilege Clearly, approving this Variance would be a special privilege given to this property. The only way we could make this not a special privilege, as Mr. Stark clearly stated, is to allow everybody else to do the same thing. The Planning Commission has never done this in the past and it would be a clear departure from what it's been doing. The CUP was to build a second story and to maintain what was already there. One of the problems is as applications are submitted the question becomes "What's A Remodel?" His questions was, if there was going to be a second story remodel why was the applicant demolishing it and finding termites? That doesn't make sense. "I can't vote for this, in no way shape or form ... it doesn't meet any of the requirements, it would be a clear departure from what we've been doing". The Planning Commission is a non-discretionary body, it follows the rules, it doesn't make the rules. The rules here clearly state you can't do this, regardless of any misunderstandings. At the end of the CUP hearings the Planning Commission said it would allow the CUP because it was an existing structure. - He said h~ would like to see this a unanimous no vote. The Planning Commission needs to send a strong message. This would set a precedent to everybody else who builds in the City -- go ahead and ignore the codes and setbacks - and we'll grant a Variance to build. It was perhaps Bruce Stark who said in the past that the City has Variances for sale. This would be a Variance, not for sale, but for miscommunications. "I can envision that every builder in this city would suddenly develop hearing problems -- but I thought the City said ---". It's a very good idea that these things should be in writing. 14 City of Seal Beach Planning Commission * Minutes of July 22, 1998 e He could not believe that the City staff would recommend approval for any part of this Variance. U I really have a hard time with that. You know - that type of lead us down the primrose path - that type of twisted logic". Normally he backs City staff but this time the staff is wrong. He will vote against this. The applicant can appeal the Commission's decision to the Council and hopefully the Council will deny it also. This is the worst Variance to ever come before the Planning Commission. MOTION by Hood; SECOND by Brown to deny Variance 98-4 through the adoption of Resolution 98-25. Before the vote discussion ensued. Mr. Whittenberg said the motion before the Planning Commission would deny Variance 98-4 and unless an appeal was sought and approved at the Council level, the property at 118 12'" Street would have to be developed in accordance with all current development standards and no setbacks could be deviated from. Chairman Brown said he felt bad for the applicant that he has spent monies. Craig Steele explained that the Planning Commission has a draft resolution in its packet that needs revising at this time because it will not meet again until August 19th. The Commission determined to vote and then revise Resolution 98-25. e MOTION AMENDED: MOTION CARRIED: AYES: NOES: ABSTAIN: To include the City Attorney's revisions. 4-1-0 Brown, Hood, Larson, Cutuli Lyon None Mr. Steele revised Resolution 98-25 as follows: a Title. Change the resolution's title to read: A Resolution of the Planning Commission of the City of Seal Beach Denvina Variance 98-4. Reauestina a Major Addition to A nonconforming single family dwelling at 118 1'f1' Street. a Section 3. A duly noticed public hearing was held before the Planning Commission on July 22, 1998 to consider the application of Variance 98-4. At the public hearing the applicant and one individual spoke in favor of the request and one person spoke in opposition. a Section 4 (0) - City has received two written comments in opposition to Variance 98-4. - 15 City of Seal Beach Planning Commission * Minutes of July 22, 1998 -- o Renumber #3 to #5 on page 2. o Section 3 - Delete all of existing section (a), (b) and (c). Replace (a) with There are no special property-related circumstances with in this case. The special circumstance in this case was a misunderstanding or miscommunication. Replace (b) with the granting of the proposed Variance would constitute a grant of special privilege inconsistent with other limitations upon other properties in the same vicinity and zone. Because the Code requires that new construction on the property comply with all current Code requirements. 1 o Section 6. Reword to read: Based upon the foregoing, the Planning Commission hereby denies Variance 98-4. Then, delete conditions 1-5. City Attorney Steele advised that the Planning Commission's action is now final and the ten-calendar-day appeal period to the City Council will begin tomorrow. Staff Concerns Mr. Whittenberg indicated there are no items on the August 5, 1998 meeting. He will be on vacation that week. He recommended the Commission cancel the August 5th meeting. e MOTION by Hood; SECOND by Larson to cancel the regularly scheduled August 5, 1998 Planning Commission meeting. MOTION CARRIED: AYES: 5-0-0 Hood, Larson, Brown, Lyon, Cutuli Commission Concerns Chairman Brown spoke on the value of trees and referenced an article in the LA Times. He commended the City's Tree Committee. Commissioner Cutuli spoke on the noise from power plant boilers. Commissioner Lyon explained how this pressure release happens and why. Commissioner Hood asked why the Planning Commission has not received the requested information on undergrounding utilities and the funds available to do the work? Mr. Whittenberg explained staff expects to have that report through the Engineering Department at the Commission's meeting on August 19th. Chairman Brown asked about Hennessey's restaurant at 140 Main Street. Mr. Whittenberg said the property owner did not extend Hennessey's lease. It will tit 1 Was this part of the resolution correction or a side comment by Craig? 16 e. e . I City of Seal Beach Planning Commission. Minutes of July 22, 1998 become a new restaurant, which will have to comply with all previous CUP requirements. This would also apply to The Abbey, a new restaurant in the 300 block of Main Street Adiournment Chairman Brown adjourned the meeting at 9:32 p.m. Respectfully Submitted: ~~~~ Joa Flllmann Executive Secretary Planning Department APPROVAL: The Planning Commission Minutes of July 22, 1998 were approved by the Planning Commission on August 19, 1998. M- JVF 17