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HomeMy WebLinkAboutPC Min 1998-03-18 e CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of MARCH 18, 1998 PLEDGE OF ALLEGIANCE Chainnan Brown called the regularly scheduled Planning Commission meeting to order at 7:30 p.m. in City Council Chambers. The meeting began with the Salute to the Flag. ROLL CALL Present: Chainnan Brown Commissioners Yost, Hood, Law, Larson Also Present: Deoartment of Develooment Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Barry Curtis, Associate Planner Will Gerlach, Intern Joan Fillmann, Executive Secretary1 Absent: AGENDA APPROVAL MOTION by Hood; SECOND by Yost to approve the Agenda as presented e MOTION CARRIED: 5 - 0 - 0 AYES: Yost, Hood, Law, Larson, Brown ORAL COMMUNICATIONS There were no oral communications. Mr. Whittenberg introduced Will Gerlach, an intern who has been working for the Planning Department for a few weeks. CONSENT CALENDAR MOTION by Larson; SECOND by Yost to approve the Consent Calendar as follows: 1. Approve Planning Commission Meeting Minutes of March 4. 1998. 2. Plan Review 98-2 Address: Applicant: Property Owners: Request: 221 Central Ave. Ronald Suess Ronald & Barbara Suess Interior wall modifications to a non-confonning single family residence. Property is non-confonning due to inadequate rear yard setbacks. Approval through the adoption of Resolution No. 98-8. Recommendation: . 1 The Minutes of the March 18, 1998 meeting were transcribed from an audiotape of the meeting. City of Seal Beach Planning Commission * Minutes of March 18, 1998 e 3. Plan Review 98-3 Address: Applicant: Property Owner: Request: Recommendation: 147 11 th Street David Rau David Rau Interior wall modifications to a non-confonning single family residence. Property is non-confonning due to side yard setbacks. Approval through the adoption of Resolution No. 98-9 subject to Conditions of Approval. 4. Receive and File: Staff Report to City Council, dated March 9, 1998, Seal Beach Naval Weapons Station Installation Restoration Program - Status Report re: All Installation Restoration Sites. 5. Receive and File: Staff Report to City Council, dated March 9, 1998, re Regional Transportation Plans - SCAG and Orange County Transportation Authority. MOTION CARRIED: 5 - 0 - 0 AYES: Brown, Yost, Law, Larson, Hood Mr. Steele indicated the Commission's action on these items is final tonight and the ten-calendar- day appeal period will begin tomorrow. SCHEDULED MATTERS 6. Approval of Resolutions: e MOTION by Yost; SECOND by Hood to approve Resolution 98-3, thus Denying Variance 98-1 at 116 Main Street. MOTION CARRIED: 5 - 0 - 0 AYES: Brown, Yost, Law, Larson, Hood *** MOTION by Law; SECOND by Hood to approve Resolution 98-4, thus Approving CUP 98-1 at 116 Main Street. MOTION CARRIED: 5 - 0 - 0 AYES: Brown, Yost, Law, Larson, Hood *** MOTION by Law; SECOND by Hood to approve Resolution 98-5, thus Approving Height Variation 98-1 at 250 Ocean Ave. MOTION CARRIED: 5 - 0 - 0 AYES: Brown, Yost, Law, Larson, Hood *** MOTION by Law; SECOND by Hood to approve Resolution 98-6, thus Approving CUP 98-2 at 250 Ocean Avenue. MOTION CARRIED: 5 - 0 - 0 AYES: Brown, Yost, Law, Larson, Hood e *.. 2 City of Seal Beach Planning Commission * Minutes of March 18, 1998 e MOTION by Law; SECOND by Hood to approve Resolution 98-7, thus Approving Variance 98-2 at 250 Ocean Avenue. MOTION CARRIED: 5 - 0 - 0 AYES: Brown, Yost, Law, Larson, Hood Mr. Steele said that with each of these resolutions the Planning Commission's action is final tonight and the ten-day appeal period begins tomorrow. PUBLIC HEARINGS 7. Conditional Use Permit 98-5 Address: 322 8TH Street Staff Report Mr. Curtis presented the staff report. [Staff report on file in the Planning Department for inspection]. The applicant and property owner, Jose Fernandez, requested approval for a major addition to a non-conforming single family residence. The applicant proposes to add 1622 square feet, including a new second floor. The property is non-conforming due to inadequate rear setbacks for an existing garage. Staff recommended approval through the adoption of Resolution No. 98-10, subject to Conditions of Approval. The City did not receive any comments regarding this application. Commission Questions to Staff There were no Commission questions. e Public Hearina The applicant was not present. There were no persons wishing to speak in favor of this application. The following person spoke against the application: Rea Crewlev * Seal Beach Mr. Clewley requested a moratorium on applications because, he said, there is no way to enforce the Conditions of Approval. He cited other matters, which he felt, should be taken care of before this application is granted. He likened Planning Commission actions to "elephant poops" and "rabbit poops' citing various examples. He asked the Planning Commission to hold this application in abeyance. There was no rebuttal because the applicant was not present. The Chair closed the Public Hearing. Commission Deliberation Commissioner Larson said he didn't understand the applicant's not showing up for the Planning Commission meeting and questioned whether it was a lack of interest. Mr. Curtis said he had spoken with the applicant last week. The applicant indicated he would attend this meeting but he's a teacher and he works late. Mr. Curtis wasn't sure why he wasn't present. e Commissioner Yost said that in deference to Mr. Clewley, he agreed the City's building codes do need to be upheld. On the other hand, that fact must be balanced against the rights of the property owner. If it would be cost prohibitive to bring a property into conformity, for example moving a garage two or three feet, the Commission has traditionally not required a property owner to do this. It's a balance. He did take exception to some of Mr. Clewley's comments, saying the Commission does worry about heights. For example, on the Hellman project the 3 City of Seal Beach Planning Commission * Minutes of March 18, 1998 e Planning Commission reduced the height of the proposed homes from 35' to 25'. The Commission does take those concerns seriously. He would also have appreciated this applicant being present because the application is for a major addition -- the addition of 1622 square feet. He recommended tabling the application until the applicant is present to speak on behalf of it. Commissioner Law said she saw nothing wrong with the plans or the proposal. Commissioner Hood said this is a major addition but two minor additions were approved tonight with approximately the same setbacks. Referring to Mr. Clewley's comments, he said he would comment later on the Howard Brief matter. While he had no real objection to this application he also wished the applicant were present. It seems neglectful of an applicant to not be present to answer the Commission's questions and it would be a shame, but not the Commission's fault, if the application were denied. Along those lines, he noted that he can't teach students who don't show up at his lectures but then, if they should miss something on an exam, it's unfortunate. e Chairman Brown agreed with Commissioner Hood's comments. He corrected Mr. Clewley's comment that the existing garage has an inadequate rear setback and added the Planning Commission insists the new structure be conforming. The Chairman said the Planning Commission has been very consistent with all new building, insisting all new building comply with the current Code. However, the Commission does not penalize people for a previously existing building. Many garages pre-exist the Code, a situation prevalent throughout Old Town. Again regarding Mr. Clewley's comments, he agreed Code enforcement is a real problem City-wide and building permits were issued when they shouldn't have been but that's a staff problem and this property owner/applicant shouldn't be penalized for that. As far as "zipping through the big and little poops" the Commission did hold Public Hearings on those matters at its last meeting and the meeting didn't adjourn until 1 0:00 p.m. He said the impression should not be left that the Planning Commission just zipped through applications, there was thorough discussion Mr. Whittenberg said the setback on the proposed second-story addition is 25' from the rear property line; the Code requires only 4Yz '. Commissioner Yost noted that Mr. Clewley did give public testimony at the last Planning Commission meeting. Commissioner Hood noted that staff does not prepare final resolutions until it knows where the Commission is going on a matter. Routinely the resolutions are brought back at the next meeting. Commissioner Larson said the Commission would be remiss if it did not point out that it is not granting Variances or going against the ordinance. The ordinance specifically provides for a Conditional Use Permit under these circumstances. To the extent that the impression was left that the Commission was willy nilly waiving the requirements of the ordinance that is wrong. The Commission is following the law established by the City. Commissioner Yost said this application is not to allow something which is outside the existing Code. It is to allow the existing garage to stay where it is. It would be a huge expense to tear down the existing garage and move it back two feet to comply with the Code and then rebuild it. He said he wished the applicant were present to discuss this major addition. But as it's written, he didn't have any major problem with the application. Chairman Brown said he wanted to make another point about the applicant's not being present. In general, the applicants have been very good about attending the Commission meetings. This has been the exception rather than the rule. If it turns out to be the rule, "then we'll start denying them just to get people here". e Commissioner Hood said that was a good point. 4 City of Seal Beach Planning Commission * Minutes of March 18, 1998 e MOTION by Hood; SECOND by Larson to approve Resolution No. 98-10, thus approving Conditional Use Pennit 98-5, subject to Conditions of Approval as outlined in the staff report. MOTION CARRIED: AYES: 5-0-0 Hood, Larson, Yost, Brown, Law Mr. Steele advised that the Commission's action is final tonight and the ten-calendar-day appeal period begins tomorrow. STAFF CONCERNS Mr. Whittenberg said staff had presented the Commission with two items for their infonnation. One is an article on the Olsen Company, a Seal Beach company that does an extensive amount of work in developing low and moderate-income housing projects throughout the Southern California region. Additionally, there is a staff memo indicating that the Seal Beach Market has obtained their ABC license for sale of distilled spirits. It will be brought back to the Commission at the appropriate time for review. COMMISSION CONCERNS e Howard Brief Commissioner Hood asked about the Howard Brief-in lieu parking fee matter. Mr. Steele said the City Attorney's Office has been working on this issue. They were asked by the City Council to present a resolution to the issue and they have done this. They expect to have the matter wrapped up within a week. He did not know if it would come before the Planning Commission. Commissioner Hood asked if It would be agendized for the Commission? Mr. Steele said he would certainly advise the Planning Commission on what happens. Mr. Rau Commissioner Law said that review of Mr. Rau's plans shows you can't get out of his kitchen to go to the rest of his house. There's a solid wall. Mr. Curtis said there is actually a door there but it was not drawn on the plans. Seabreeze Sidewalk/Tree Problem Commissioner Yost noted the homeowner who offered to pay to have a City tree removed because his sidewalk was becoming the greatest bicycle jump on Seabreeze. He said he received a letter from this resident with photos. This person's first letter was sent to Public Works Director Steve Badum. There is no date on it, but there is a date saying he'll be out of town until July 25th - he hasn't been able to get a response. Perhaps someone could go buy 645 Sea breeze. Youth Activities Commissioner Yost said there seems to be a lack of activities for adolescents. He asked the Planning Department to keep this in mind when seeing any new projects. Such activities would be greatly appreciated and are greatly needed. Chainnan Brown asked if special funds should be allocated for adolescent projects? Commissioner Yost said it might be possible to look into different types of grant monies. The main thing is, this should be a long-range goal of the City. For younger children the City has Marina Park, the pier playground. . Trees Chainnan Brown said he was going to drive around other towns that have some beautiful trees/tree canopies. So maybe we can educate the Department of Public Works as to what a City can look like with a little foresight and imagination and a little less use of the chain saw". If anybody wishes to come before the Planning Commission to defend themselves or defend the tree issue they are more than welcome. They will get ample time. One of the Planning Commission's functions is to protect and enhance the property values of the City of Seal Beach. 5 City of Seal Beach Planning Commission * Minutes of March 18, 1998 . One of the best ways to do this is through a clear tree policy, with vision and planning, not piecemeal policy. Commissioner Larson said the Press Telegram newspaper castigated the City of Long Beach Director of Parks & Recreation for his apparent willingness to chop down every ficus tree he sees. They said they were dangerous but it was shown they were planted with City permission. Commissioner Yost said he agreed on the tree issue. He thought that the City of Long Beach identified new leadership, new talent and new ideas. He agreed that a canopy-type tree and paying what effect that has on the community --- it's incredibly important to home values. Chairman Brown asked the listening public to drive down Ocean Avenue and look at the trees. Look at where the trees are missing. Then take that same drive through Corona del Mar, Bever1y Hills or Rossmoor. Trees make areas pretty. ADJOURNMENT Chairman Brown adjourned the meeting at 7:58 p.m. Respectfully Suqrnitted, CiO~) Joan Fillmann Executive Secretary Planning Department - APPROVAL: The Planning Commi&$ion meeting minutes of March 18, 1998 were approved on April ~ 1998. ~ . 6