HomeMy WebLinkAboutPC Min 1999-09-08
City of Seal Beach Planning Commission' Agenda of September 8, 1999
.
City of Seal Beach Planning Commission
September 8, 1999 Agenda
J.
PLEDGE OF ALLEGIANCE
II.
III.
ROLL CALL
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. ELECTION OF OFFICERS
Election of Chairperson and Vice-Chairperson for 1999-2000 Term.
V. 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.
.
VI. 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 August 18, 1999.
2. Receive and File - Land Use Law & Zoning Digest - Commentary re: City of Monterey v.
Del Monte Dunes at Monterey, Ltd.
3. Receive and File - Receipt of Orange County Council of Governments "Draft - Proposed
OCP Revision Process.
4. Receive and File - "Request for Modifications of Conditions,. Conditional Use Permit 99-3
5. Minor Plan Review 99-7
Conditional Use Permit 99-8
1605 Seal Way
Applicant/Owner:
Request:
Mr. Jim McCoy
Addition of a new bedroom and bathroom to third floor of existing
non-conforming residence in a RHO zone located in Old Town. The
applicant is also performing a substantial rehabilitation of the existing
house.
.
3
city of Seal Beach Planning Commission. Agenda of September 8, 1999
.
Recommendation: Recommend this item be tabled until such time as the request is in
order and may be presented to the Commission.
VII. SCHEDULED MATTERS
VIII. PUBLIC HEARINGS
6. Conditional Use Permit 99-9
13820 Seal Beach Boulevard
Applicant/Owner.
Request:
Recommendation:
Reverend Gwynn Vaughn
To operate a church in a C-1 Zone.
Recommend approval subject to
Resolution No. 99-33.
conditions and adoption of
7. Conditional Use Permit 99-10
Main Street & Pacific Coast Highway
Applicant/Owner:
Request:
Mr. Don Robertson, Makena Resources
To permit a coffee shop/dessert shop greater than 1000 square feet
and to allow outdoor patio seating for 10 people.
Recommendation: Recommend approval subject to conditions and adoption of
Resolution No. 99-31.
.
8. Height Variation 99-3
A-99 Surfside
Applicant/Owner:
Request:
Mr. Brian Straight
To construct a covered roof access structure (GRAS) in excess of the
35 foot height limit at A-99 Surfside. Specifically, the proposed
structure would exceed the height limit by approximately 4 feet.
Recommendation: Recommend approval subject to conditions and adoption of
Resolution No. 99-32.
9. Variance 99-2
1307 ~ Seal Way
Applicant/Owner:
Request:
Mr. Teo Albers
To allow an illegally constructed all glass sun room attached to a
previously allowed Covered Rood Access Structure (CRAS) in
excess of the 25-foot height limit. Specifically, the sunroom would be
13 feet by 13 feet and would be approximately 4 feet 6 inches above
the height limit.
Recommendation: Recommend denial of Variance 99-2, and adoption of Resolution
No. 99-30
. IX. STAFF CONCERNS
4
City of Seal Beach Planning Commission. Agenda of September 8, 1999
.
X. COMMISSION CONCERNS
XI. ADJOURNMENT
.
.
5
City of Seal Beach Planning Commission' Agenda of September 8, 1999
.
1999 Aaenda Forecast
SEP 22
OCT 06
Negative Declaration 99-1 - Seal Beach Boulevard 11-405 Overcrossing
Widening Project
OCT 20
NOV 03
NOV17
DEC 08
DEC 22
TO BE SCHEDULED:
(J
(J
(J
(J
Study Session:
Study Session:
Study Session:
Staff Report:
Permitted Uses and Development Standards in Commercial Zones (5/6/98)
Seal Beach Boulevard (10nI98)
Anaheim Bay Villas (10nI98)
Undergrounding of Utilities
.
And Beyond
Calendar: CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan GrilQ Review (April 2001)
ADA handicapped-accessible restrooms (April 2001)
.
6
~
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
.23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
.
CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of September 8, 1999
Chairman Brown called the regularly scheduled meeting of the Planning Commission to
order at 7:30 p.m. on Wednesday, September 8, 1999. The meeting was held in the
City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairman Brown
Commissioners Cutuli, Hood, Larson, and Lyon
Also
Present: Deoartment of Develooment Services
Lee Whittenberg, Director
Craig Steele, Assistant City Attorney
Mac Cummins, Assistant Planner
Absent: None
AGENDA APPROVAL
MOTION by Hood; SECOND by Cutuli to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Larson, and Lyon
None
None.
ELECTION OF OFFICERS
Chairman Brown opened nominations for election of Chairperson of the Planning
Commission for the 1999-2000 term. Commissioner Cutuli nominated Commissioner
Hood.
MOTION by Cutuli to elect Commissioner Hood as Chairperson.
1 These Minutes were transcribed from audiotape of the meeting.
1
,
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Larson, and Lyon
None
None
Chairman Brown opened nominations for election of Vice Chairperson of the Planning
Commission for the 1999-2000 term. Commissioner Hood nominated Commissioner
Cutuli.
MOTION by Hood; SECOND by Larson to elect Commissioner Cutuli as Vice
Chairperson.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Larson, and Lyon
None
None
ORAL COMMUNICATIONS
Chairman Brown opened oral communications.
Ms. Sue Corbin noted that she had available for signatures a copy of the referendum for
the Bixby Old Towne Center project.
Chairman Brown closed oral communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of August 18, 1999.
2. Receive and File - Land Use Law & Zoning Digest - Commentary re: City of
Monterey v. Del Monte Dunes at Monterey, Ltd.
3. Receive and File - Receipt of Orange County Council of Governments "Draft _
Proposed OCP Revision Process"
4. Receive and File - "Request for Modifications of Conditions," Conditional Use
Permit 99-3
5. Minor Plan Review 99-7
Conditional Use Permit 99-8
1605 Seal Way
2
..
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
Applicant/Owner:
Request:
Recommendation:
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
Mr. Jim McCoy
Addition of a new bedroom and bathroom to third floor of
existing non-conforming residence in a RHO zone located in
Old Town. The applicant is also performing a substantial
rehabilitation of the existing house.
Recommend this item be tabled until such time as the request
is in order and may be presented to the Commission.
Chairman Brown stated that he would abstain to vote on Item 1, as he was not in
attendance at the meeting of August 18, 1999.
Mr. Whittenberg noted that Staff's recommendation for Item 5 was that this item be
tabled at this point in time.
MOTION by Hood; SECOND by Larson to approve the Consent Calendar as presented.
MOTION CARRIED:
AYES:
NOES:
ABSTAIN:
ABSENT:
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
5-0
Brown, Cutuli, Hood, Larson, and Lyon
None
Brown (On Item 1 Only)
None
6. Conditional Use Permit 99-9
13820 Seal Beach Boulevard
Applicant/Owner:
Request:
Recommendation:
Reverend Gwynn Vaughn
To operate a church in a C-1 Zone.
Recommend approval subject to conditions and adoption of
Resolution No. 99-33.
Commissioner Larson reported that he resided within 300 feet of the property under
consideration and that under the Political Reform Act it was necessary that he disqualify
himself from participating in this matter. He proceeded to leave Council Chambers
during the public hearing for this item.
3
,
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
.48
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) Mr. Cummins presented several photographs of the prope~y
under consideration. He stated that the subject property totals 37,374 square feet with
the building on the property totaling 11,540 square feet. Currently the building is being
used for First Fidelity Bank and for the offices of two attorneys. Mr. Cummins noted that
the bank would be vacating and the two attorneys would remain. The surrounding land
uses are as follows:
NORTH & WEST: Multi-family residential housing in Leisure World, in a Residential
High Density (RHO) Zone.
SOUTH Commercial businesses, C-1, in a commercial shopping center
located on the northwest corner of Seal Beach Boulevard and
Westminster Avenue.
EAST Naval Weapons Station in a Public Land Use/Recreation (PLU/R)
Zone.
He noted the hours of operation for the church as follows:
Sunday Services:
Suite 9 (Church Sanctuary)
Suite 4 (Nursery 0-2- Years)
Suite 5 (Classroom)
Suite 6 (Pastor's Study)
11:00 a.m. -12:15 p.m.
5:30 p.m. - 6:30 p.m.
10:00 a.m. - 12:00 a.m.
10:00 a.m. - 12:00 a.m.
Monday through Saturday Uses:
Community Room (Bible Study) Wednesday 7:00 p.m. to 8:00 p.m.
Captain's Room (Ladies Missionary Meeting) Twice a month on Thursdays 10:00 a.m. - 2:00 p.m.
Bank Area (Office Space) - To be used as needed during the week.
Suite 6 (Pastor's Study)
Suites 7 & 8 (Lawyers' Offices) Monday - Friday 8:00 a.m.-5:00 p.m.
Mr. Cummins noted that church use in a C-1 Zone is permitted by City Code subject to
a Conditional Use Permit. He stated that there was no conflict with any surrounding
uses. The only concern that Staff has would be with parking requirements, which would
be:
Church Use 1 parking space for every 75 sq. ft. of gross floor space
without fixed seats.
Lawyers' Office Space 1 space for each 250-sq. ft. of gross floor area.
The church as it is presently proposed, would meet all parking requirements through
on-site parking that currently exists. Staff recommends approval subject to conditions
as outlined in Resolution No. 99-33.
4
..
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
Commissioner Cutuli asked if there was a law covering use of live music bands in the
church. Mr. Steele responded that the noise ordinance would require a separate permit
for this type of use. Mr. Whittenberg noted that there were provisions in the Code that
allowed for exceedence of the noise ordinance for short periods of time for certain types
of noise activities. He stated that church services with musical accompaniment of some
kind that was conducted within the building would not exceed acceptable noise levels.
A special permit would be required for outside activities.
Commissioner Cutuli asked how close the nearest living units were. Mr. Whittenberg
responded that the nearest living unit was approximately 150 - 200 feet from the
property.
Commissioner Lyon commented that this area near St. Andrews was currently
experiencing a "touchy traffic problem, n due to many customers visiting the bank then
crossing the street to go to the shopping center. He noted that with the church utilizing
this property, traffic would be significantly reduced.
Public Hearina
Reverend Gwynn Vaughn read from his letter addressed to and distributed to the
Planning Commission in which he thanks them for the opportunity to present this
petition to operate a church in a C-1 Zone. He also called attention to the many
members of his congregation in attendance at tonight's meeting. He stated that the
reason for the relocation of the church was that many of the members of his
congregation live in Leisure World, and more of the membership would be relocating to
the Seal Beach area. Reverend Vaughn stated that he was prepared to respond to any
questions regarding this application for a CUP. .
Chairman Brown noted that because so many of the members of the church were
present, the Commission would take note of their presence rather than hearing from
individual members.
Ms. Corbin stated that she thought- this was a great idea and inquired if more detail
could be provided on the use of all facilities on the property. She noted that there were
some empty suites for which no specific use had been outlined, and she inquired
whether this space was to be rented out.
Reverend Gwynn Vaughn referred to the schedule of services previously displayed by
Mr. Cummins noting the mid-week Bible Study and the bi-monthly Missionary Meetings.
He stated that besides the sanctuary in Suite 9, the primary purpose of the space would
be for church offices. He stated that the church. had a 5-year lease, with the option to
renew for 2 more years with the additional space now being used by the attorneys.
Mr. Steele noted the expanded schedule of activities, which appears on Page 3 of the
Staff Report.
5
~
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
Commissioner Comments
None.
MOTION by Hood; SECOND by Lyon to approve Conditional Use Permit 99-9 and
adopt Resolution 99-33.
MOTION CARRIED:
AYES:
NOES:
ABSTAIN:
ABSENT:
4-0-1
Brown, Cutuli, Hood, and Lyon
None
Larson
None
Mr. Steele advised that the adoption of Resolution No. 99-33 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
Commissioner Larson returned to the meeting at this time.
7. Conditional Use Permit 99-10
Main Street & Pacific Coast Highway
ApplicanUOwner:
Request:
Mr. Don Robertson, Makena Resources
To permit a coffee shop/dessert shop greater than 1000
square feet and to allow outdoor patio seating for 10 people.
Recommend approval subject to conditions and adoption of
Resolution No. 99-31.
Recommendation:
Staff ReDort
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He presented various photographs of the proposed property
noting that the property measured approximately 14,667 sq. ft. with the proposed
building measuring approximately 2017 sq. ft., with approximately 37 ft. of frontage on
Main Street, set back 18 ft. with approximately 63.5 ft. of frontage along Pacific Coast
Highway. The proposed operating hours will be from 6:00 a.m. to 11 :00 p.m., 7 days a
week.
Mr. Cummins stated that the proposed coffeehouse is consistent with the surrounding
residential and commercial uses and is considered to meet all on-site parking
requirements as required by the current Municipal Code. He presented diagrams of the
proposed facility and pointed out the area designated for the outside patio.
6
,
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
He stated that Staff has no concerns with operation of a coffeehouse of this size at this
location which is compatible with the Main Street Specific Plan. He noted that the only
item pr~sented for approval was the use of the coffeehouse and not the building itself.
With regard to parking, the ratio, as per the Main Street Specific Plan, is 1 space for
every 500 square feet for both coffeehouse and retail uses. The proposed square
footage for the building 6,157 sq. ft. plus a 407 square' foot patio generating a need for
14 parking stalls, and the applicant has provided for 18 stalls, which includes 1
handicap stall.
The only concern related to patio seating would be with noise, but with the patio facing
Pacific Coast Highway, Staff does not feel that this would create a disturbance for
residents. Staff recommends approval subject to conditions as outlined in Resolution
99-31.
Chairman Brown asked if this property was located within the Main Street Specific Plan.
Mr. Cummins responded that it was. He stated that he was under the impression that
the property was zoned for a gas station. Mr. Whittenberg responded that the Main
Street Specific Plan did allow for a gas station by Conditional Use Permit (CUP). He
stated that the existing gas station was closed down several months ago and the
building had lost the right for that CUP to continue, noting that the reason for closure
was because the provider of gasoline for this station decided that it would no longer do
so. Chairman Brown stated that he had heard that the cost of upgrading the tanks to
double-walled tanks was too great to continue selling gas. He asked why there had
been no application for a zone change. Mr. Whittenberg responded that the Main Street
Specific Plan allows both of these uses by CUP for this particular property. He stated
that because there were 3 gas stations at that intersection, it would be difficult to sustain
the profitability of all 3 stations. When the Main Street Specific Plan was adopted it
designated these properties for alternate uses should the occasion arise. Chairman
Brown asked if the Main Street Specific Plan prohibited the establishment of franchise
or chain-type businesses. Mr. Whittenberg responded that the prohibition was against
trademark buildings, but did not prohibit a national chain from locating a business on
Main Street. He stated that the bUilding did comply with all of the design standards of
the Main Street Specific Plan. '
Commissioner Cutuli noted that there were already four other coffee businesses located
on Main Street. He asked if there was concern over creating a proliferation of coffee
houses/shops within a small area. 'Mr. Whittenberg stated that although the issue had
not come before the City, when the Main Street Specific Plan was being developed,
there was a major concern over the number of restaurants and beauty parlors along
Main Street. He stated that the due to some "restraint of trade issues" that arose, the
City decided not to attempt to place numerical caps on specific types of uses in the
Main Street Specific Plan. He stated that the CUP process was available to allow the
City to consider the types of uses that mighf require additional review at a public hearing
before that use can be approved. He mentibned that if the proposed building area for
this use were le$s than 1000 sq. ft., it would not have to be presented for approval by
the Commission as it would be a permitted use for the zone.
7
1
.2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
Commissioner Lyon asked if the closing of the gas station had anything to do with the
replacement of the fuel tanks. Mr. Whittenberg responded that he was not sure of ~he
reason but perhaps the applicant could address this question during the public hearing
portion for this item. -
Public Hearina
Mr. Tim Bundy of Bundy Finkel Architects stated that he believed that development of a
coffee/dessert shop would be very de~irable for the city and that this project meets the
basic design and use criteria established by the city. He said that his firm had worked
closely with Staff to ensure that the architectural design of the building was consistent
with other existing buildings. He indicated that he was agreeable to the conditions
specified in Resolution 99-31, except for the condition regarding the hours of operation.
Mr. Bundy requested that the hours be modified from 6:00 a.m. to 11 :00 p.m. to 5:30
a.m. to 11 :30 p.m. 7 days a week to allow time for the crew to come in to prepare to
deal with the rush of early morning customers. He stated that representatives from
Bundy Finkel and also from Starbucks were in attendance to respond to any questions.
Mr. Jim Caviola spoke in opposition of the project stating that the commercial signage at
the entrance to the City would not enhance the City's image. He stated that as a
member of the City Tree Committee he was disconcerted to note that after reading the
requirements for trees in the Main Street Specific Plan indicating the provision of one
tree for each 5 parking spaces, the plans for the development parking lot include no
trees. Mr. Caviola stated that because this was the entrance to the town, landscaping
and trees should be planted along Pacific Coast Highway as well as along the Main
Street side of the property and the requisite number of trees should be planted in the
parking lot.
Ms. Sue Corbin stated the development agreement lists a proposed off-site parking
stall. She noted that there was no development agreement for this parking stall. She
also noted that a condition should be added. prohibiting the serving of alcohol and that
the outdoor patio should be enclosed to keep noise levels to a minimum. Ms. Corbin
stated that she did not feel that parking was sufficient and that something needed to be
done about encroachments to prevent spillover into the public right of ways. She said
that because this was the entrance to the City perhaps a city monument with a planter
could be constructed to designate the entrance. She also stated that signage at this
new location needed to be less conspicuo'us. Ms. Corbin said that she felt this item
should be continued to the next meeting. .
Dr. Rosenman reviewed the process that had been completed for agreeing on a
consultant to complete the Main Street Specific Plan. He stated that the consultant
hired by the City believed Seal Beach to be "an undiscovered jewel" which could be
greatly enhanced by making some minor changes in landscape and street design. He
proceeded to review the design requirements of the Specific Plan. He noted that the
developers should be required to meet the parking requirement regardless of whether
they were a large chain business. He stated that publicity regarding this public hearing
8
1
.2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
item was lacking. Dr. Rosenman also recommended continuing this item to the next
meeting.
Mr. Ron Bennett spoke in opposition of CUP 99-10. He read from the Main Street
Specific Plan noting that the requirement for dessert/coffee houses was 1000 square
feet or less gross area with seating for 10 or less people. It also called for one parking
space for every 100 square feet, but this was modified 3 years ago to read one parking
space for every 500 square feet. This was done to encourage small business utilization
of existing Main Street occupancies. Mr. Bennett inquired about how many existing
coffee/dessert houses meet these parking standards. Mr. Whittenberg responded that
he could not recall any of the coffee houses applying for Conditional Use Permits
(CUP); however, he noted that-these businesses were already in existence at the time
the Main Street Specific Plan was adopted. He stated that there could be uses that are
over 1000 square feet and operating without a CUP. Mr. Whittenberg noted that if it
were a permitted use under the zoning, no application to the Development Services
Department would be required. Mr. Bennett continued to read the parking requirements
under the Main Street Specific Plan and stated that because this was a high-volume
business, parking would not be adequate to accommodate a 2000 square foot business
with an outdoor patio. He recommended denial of this application.
Mr. Darrel Pasch stated that he lived at 332 8th Street and his concern was that with the
current proposed location for parking for this new business, he and other nearby
residents would be subject to noise from car stereos, car alarms, and the arrival and
departure of customer vehicles. He recommended relocation of the customer parking
lot. He asked whether employees would park in the business parking lot or if they
would be parking on the street. Mr. Pasch noted that many employees and patrons of
Main Street businesses already park along 8th Street and this creates a problem for
residents. He stated that when business are open late this usually draws patrons who
have imbibed alcohol at local restaurants or bars and would result in city police having
to be called to restore order. Mr. Pasch said that his job as a truck driver requires that
he awake at 4:00 a.m. and he usually cannot get to sleep before 2:00 a.m. when the
nearby fast food restaurant closes. Mr. Pasch cited several instances of disturbing noise
coming from nearby businesses. His concern is that additional noise from deliveries
and customers at the new coffee/des~ert house will increase the problem for nearby
residents. He noted that the new building should be built in an L-shape from the rear of
the property and that all customers and delivery vehicles should enter from the front of
the building. Mr. Pasch also cited the problem of the foul smell from having too many
trash dumpsters to accommodate the Main Street businesses and stated that this new
business would mean that more dumpsters would be required. He recommended
denial of this application.
Dr. Rosenman commented that notice of the request for a change in business hours
had not been properly distributed and that this item should be reconsidered at another
meeting.
9 '
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
Mr. Steele noted that this request was made as a comment from the applicant but was
not an item that was currently uQder consideration by the Commission.
APolicant Rebuttal
Mr. Jeff Kline of Makena Resources stated that his 'firm did not represent Starbucks but
was a real estate development firm that also handled gas stations and car washes. In
response to why the gas station was closed, he stated that Makena Resources had met
with Staff to discuss remodeling of the gas station or construction of another use for this
location. Mr. Kline said that Staff expressed a preference for construction of retail
buildings and that the Main Stree~ Specific Plan encouraged an attractive building on
this corner and extension of the streetscape to enhance the entrance to the City. Mr.
Kline stated that the design and location of the building would continue the streetscape
of the City and would shield the parking lot from people traveling in and out of the City.
He indicated that Makena Resources would be happy to provide additional trees and
landscaping at this location. He addressed the issue of noise levels noting that the
comparison between clients coming from a coffeehouse and those exiting a bar was not
a fair one, as customers coming from the coffeehouse would not be as rowdy. He noted
that the outdoor patio would face the corner of Pacific Coast Highway and Main Street,
which already experiences heavy traffic noise levels. Mr. Kline stated that it was his
observation that the new business appeared to offer more parking than other Main
Street businesses. He pointed out that the new adjacent video store would not be doing
business during the morning hours when the coffeehouse would be busiest, resulting in
adequate parking during peak business hours for both uses. Mr. Kline said that the
designer of this development, Bundy Finkel Architects, was an award winning firm but
he felt that the drawings did not reflect how attractive the building actually was. He
thanked the Commission for its consideration and emphasized that it was Makena's
objective to provide something attractive and interesting for the entrance to the City.
Chairman Brown closed the public hearing.
Mr. Whittenberg added that the reason no trees were to be planted along Pacific Coast
Highway was because it was a state highway managed by CalTrans and the City does
not have the authority to allow the placement of street trees along this public right-of-
way. He noted that in the past CalTrans had been hesitant to plant trees along the
public right-of-ways. Mr. Whittenberg stated that Staff would continue to discuss this
issue with CalTrans representatives. With regard to the question of a development
agreement for the off site parking space on Main Street, Mr. Whittenberg noted that this
parking space is being provided as a public parking space in addition to the required
parking. He clarified that it was not an off site "required" parking space and, therefore,
does not require a development agreement. Mr. Whittenberg stated that by code
requirements this total development is required to provide 14 on-site parking spaces.
The plan provides for 18 on-site parking spaces, exceeding the city's ,requirements by 4
spaces. As for the hours of operation, Mr. Whittenberg reported that the gas station had
a CUP granted in 1992 that allowed operation 24-hours a day. He stated that he did not
know if they were operating 24-hours, but they did have approval to do so. He pointed
10
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
out that the site plan on display was alternative number 9 and that the applicant had
spent an inordinate amount of time working with Staff to come up with a site plan that
most closely met the criteria of the Main Street Specific Plan. Mr. Whittenberg said that
if the coffeehouse use is denied the building could still be built for another us~ and this
use would not require a CUP or have to come before the Planning Commission.
Chairman Brown inquired about the 16-foot parking space. Mr. Whittenberg referred to
the City Code that applies to all commercial and industrially zoned areas of the City.
Section 28-2209 allows up to 25% of the parking spaces to be compact spaces
measuring 8 feet x 16 feet. Chairman Brown asked if this would override the Main
Street Specific Plan. Mr. Whittenberg responded that none of the commercial zones
specify that additional compact spaces are allowed. He stated that this is covered in a
separate section that applies to all of the different commercial and industrial zones.
Commissioner Cutuli asked if the use of the building were changed would more parking
spaces be required. Mr. Whittenberg responded that this would probably not be the
case and noted that a general retail sales' business on Main Street requires 1 parking
space for every 500 square feet of building area. The coffeehouse has the same
requirement. The two uses that would be exceptions to this would be restaurants
(requiring 1 parking space for every 100 sq'uare feet of building area) or a beauty salon
(2 parking spaces for every beauty operator station). Commissioner Cutuli asked if the
City could require landscaping to' be placed within the business property line along
Pacific Coast Highway as opposed to allowing the building to abut the property line. Mr.
Whittenberg responded that this could be done, but that the Main Street Specific Plan
encourages businesses to build up to the property line as opposed to having the
building set back. He stated that the building could be set back by 1-2 feet, but that this
would allow for minimal landscaping.
Commissioner Lyon asked Mr. Bundy if he had in his possession a model of the building
to which Mr. Bundy responded that he had a "working model" with him but it was not the
final model of the building. Mr. Whittenberg advised that Public Hearings should be
re-opened in order to proceed with presentation of the working model.
Public Hearina
Chairman Brown re-opened the public hearing.
Mr. Bundy provided a presentation of the working model and described how the design
had proceeded and what the final objectives were for this development. He stated that
the objective was to create an attractive addition to this corner of Main Street and
Pacific Coast Highway that was in compliance with the Main Street Specific Plan. He
described plans for planting of trees in the parking lot, and noted that the request for
landscaping along the Pacific Coast Highway side of the building could certainly be
addressed.
Chairman Brown closed the public hearing,
11
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
Chairman Brown asked if the parking lot would be open to which Mr. Bundy replied that
a wall would surround it and the only access would be via Pacific Coast Highway.
Chairman Brown inquired of Staff if the City Engineer had approved the design of the
parking lot: Mr. Whittenberg reported that it had been reviewed and found to be
acceptable.
,
Chairman Brown stated that the development did comply with the intent of the Main
Street Specific Plan as far as, having the business built up to the property line with
parking in the rear. He stated that he would like to see trees planted along the Main
Street side, and that the trees should be consistent with the existing trees on Main
Street. Chairman Brown also asked that the Tree Committee be consulted to designate
the type of trees to be planted: Mr. Whittenberg commented that there was a list of
pre-approved trees from which the applicants could choose. Chairman Brown stated
that he would also like the trees in the parking lot to be consistent with the Specific Plan.
He said that a condition restricting hours for deliveries should also be included and
asked if this was a provision of the Main Street Specific Plan. Mr. Whittenberg
responded that he did not recall a specific provision of the Plan but that the business
hours of operation were the hours for conducting business, including receiving
deliveries. He also reminded the Commissioners of the applicant's request to change
the hours of operation to 5:30 a. m. to 11 :30 p. m., 'and noted that by City Code a
business wanting to open prior to 6:00 a.m. would require an additional CUP and notice
of this request had not been made. Mr. Whittenberg stated that because of this 6:00
a.m. would be the earliest starting time that the Commission could approve without an
additional CUP. Chairman Brown inquired as to the closing time. Mr. Whittenberg
responded that by City Code the allowable closing time was 2:00 a.m. Mr. Whittenberg
commented that the City's general position regarding deliveries to businesses was that
they could not begin prior to 6:00 a.m.
Chairman Brown spoke regarding the parking issue stating that parking requirements
for coffeehouses had been relaxed as opposed to a restaurant or general business
because most of the business in a coffeehouse is walk up, buy a cup and customers
generally take out. He stated that the Commission did make the rules for parking
requirements and that in this case the new business had very nicely complied with the
rules. Chairman Brown noted that it was not within the purview of the Commission to
opine as to whether or not it was a good idea to place a coffeehouse in this location, but
simply to evaluate the overall use and not to consider future uses. He stated that in this
respect he felt it to be a good project.
Commissioner Cutuli stated that he would like to see landscaping along the Pacific
Coast Highway side of this project rather than simply a building with a concrete
sidewalk, which he felt, was too stark looking. He said that he felt that because
thousands of people drive by on Pacific Coast Highway he would like this new building
to look as good as possible. Mr. Whittenberg responded that in order to require
additional landscaping along Pacific Coast Highway, the Commission as a whole would
have to approve this.
12
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
.47
City of Seal Beach Planning Commission
Meeting Minutes ,?f September 8, 1999
Commissioner Hood stated that he believed the aesthetic concerns expressed to be
valid, and that he also felt that the applicant was making a concerted effort to work with
Staff to make this project fit in with the community. He said that he believed the
applicant would be willing to follow through with Commissioner Cutuli's
recommendations.
Commissioner Larson stated that it was unfortunate the fast food business had not
proven to be a "good neighbor," and that we could learn from this example. He said that
should this application be approved, he would like to specify that no deliveries be made
after a certain time, that the dumpsters be properly maintained, and that no repairs be
done after a specific time. He commented that this item could be continued in order to
ensure that all conditions were included to accommodate both the nearby residents and
the business owners. Commissioner Larson said that this new project should not be
condemned based upon the behavior of another business operation.
Chairman Brown re-stated the following items to be included in the Conditions for
Approval:
1. All employees are to be out of the building 30 minutes after closing time
2. Planting of trees in the parking lot to be in compliance with the Main Street
Specific Plan.
3. That one tree every 25 feet be planted along Main Street and the type of tree be
in compliance with requirements of City Tree Committee. *
4. Restrict deliveries to regularly scheduled h9urs of operation.
5. Provide planter for no more than 60% of the building frontage along Pacific Coast
Highway.
*Regarding Item 3, Mr. Whittenberg noted that the length of the development along Main Street
was 75 feet and Staff was recommending 3 trees be planted here. He reminded the
Commission that there is a bus stop covering a fair portion of the area and also other pre-
existing structures (pole signs, signal lights, and pole to support banners) so it may not be
possible to have more than 3 trees. "
Commissioner Lyon asked if the coffeehouse would be baking the bakery products that
they would sell. Mr. Kline responded that they would be purchased from another
distributor.
Mr. Whittenberg recommended that the Public Hearing" for this item be continued to the
next meeting in order to hear further presentation from the applicant on this project.
Mr. Steele recommended that discussion regarding the landscaping along Pacific Coast
Highway be conducted with the architect to determine if it is feasible and to allow the
applicant to be prepared to present the outcome of recommendations at the next
meeting.
13
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
Public Hearina
Chairman Brown re-opened the public heari~g.
Mr. Bundy stated that based upon the recommendations for landscaping, the selection
of foliage would be limited due to the northern' exposure of this area, He said that
perhaps planter boxes could be provided with flowers to fill in along the side of the
building, or attaching vines could be planted along the building. Mr. Bundy noted that
there were plans to include palm trees. '
Mr, Steele inquired if the architect could recommend a percentage of the side of the
building that could be landscaped. Mr. Bundy responded that based upon the
preliminary discussion, a recommendation of 30 - 40% of the length of the side of the
building for landscaping would be realistic.
Mr. Caviola remarked that landscaping would enhance the concrete side of the building,
and that although CalTrans sometimes balks at the idea of landscaping along state
highways, it did not appear that Staff had contacted CalTrans to determine if this would
be feasible. He cited the example of the City of Corona del Mar having trees planted all
along Pacific Coast Highway. He noted that the same arborist used by Corona del Mar
is also contracted with Seal Beach, and he did not see why CalTrans would object to
the same plan in Seal Beach. He said that he did not feel that putting planter boxes out
would adequately cover the building and that the objective was to have the building
blend in with the environment. He cited examples of other businesses in the City who
had included grass, flowers, and trees on the property facing Pacific Coast Highway.
He recommended that Staff contact CalTrans to determine if the planting of trees along
Pacific Coast Highway would be permissible. Mr. Caviola emphasized that the entire
length of Main Street has trees planted on both sides and it would be inconsistent to
have the entrance to Main Street bare of any trees.
Mr. Kline responded that if this were possible, their first priority would be to include the
trees to make the new project compatible with the Main Street theme. He remarked that
even if CalTrans should deny this request, the previous recommendations for
landscaping could still be incorporated.
Dr. Rosenman noted that he, Mr,' Caviola, and Mr. Bennett were all members of the
Tree Committee. He stated that they believe it would be advisable that consultation
between the Tree Committee and -the applicant take place. He proceeded to invite the
applicant and the architects to the next meeting of the Tree Committee scheduled for
October 6, 1999 at 3:00 p.m. in the City Manager's conference room. He recommended
that in the future whenever a major project is under consideration that it be brought
before the Planning Commission during its early stages, and perhaps this would help to
expedite preparation of the project for approval and completion.
Mr. Pasch reiterated that his main concern was the potential for increased noise levels
being generated from the new parking area. He commented that although he liked the
14
.~
3
4
5
6
7
8
~
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
idea of a wall around the parking lot he also feared the possibility of reverberation of
sounds in this enclosed area. He stated that he was particularly concerned with noise
levels after 9:00 p.m. or later when the bars close and these patrons come to the
coffeehouse. He remarked that after having had alcoholic drinks they could easily
collide with the parking lot walls when arriving at or leaving the coffeehouse.
Ms. Corbin stated that for development projects of this kind the public should be
consulted before a decision is made as to the use of the properties within the City. She
noted that although this project affects the main entrance to the City, the public was not
allowed input until tonight. She stated that this was reprehensjble as the citizens were
the ones who had to live with these projects that were approved without the public's
consideration.
Chairman Brown asked that Ms. Corbin restrict her comments to the issue of
landscaping along Pacific Coast Highway for this project.
Chairman Brown closed the public hearing.
Commissioner Cutuli affirmed that he was in agreement with continuing this item to
allow the architects came up with a landscaping plan for Pacific Coast Highway, or to
determine if CalTrans would approve the planting of trees in this area. He stated that
his preference would be to have trees planted along this parkway as opposed to having
planters placed along the building. Mr. Whittenberg clarified that the preference was to
have trees planted, but pending the response from CalTrans, then some landscaped
planter areas along the side of the building facing Pacific Coast Highway would be
acceptable. Commissioner Cutuli stated that he would still like to see a tree or two
within the perimeter of the property. so that the view from Pacific Coast Highway would
reflect more than just a building.
Chairman Brown asked Staff to share the plan for accomplishing this request. Mr.
Whittenberg stated that Staff would revisit discussions on this issue with CalTrans. He
noted that CalTrans had stated that there were already too many items in the Main
Street Pacific Coast Highway right of way, but Staff would attempt to get something in
writing to present to the CommiSsion within two weeks. Mr. Whittenberg cautioned that
he could not guarantee that CalTrans would respond within this time frame.
Mr. Caviola recommended that rather than asking CalTrans what they would like, to
simply let them know what the City plans to do and if they come out with bulldozers to
stop this, then let them. Mr. Whittenberg stated that, with all due respect, Mr. Caviola
did not have to work with CalTrans on a daily basis to maintain a street' on which 60,000
automobiles travel each day. He continued by stating that the City must work with
CalTrans on a daily basis to make sure that Pacific Coast Highway is a functioning
street within our city limits. He said that he didn't' believe that the Director of Public
Works would want to do anything that might jeopardize that long-term relationship.
15
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
.
City of Sea/Beach Planning Commission
Meeting Minutes of September 8, 1999
Commissioner Hood encouraged Staff to be very forceful with CalTrans. He said that if
another city could look like a garden, Seal Beach doesn't have to look I,ike a slum. Mr.
Whittenberg respoflded that the Director of Public Works, who has dealt with CalTrans
on a regular basis for a number of years, would address those issues. .
Mr. Whittenberg recommended that this item be continued to the September 22, 1999
meeting of the Planning Commission for further discu~sion.
MOTION by Larson; SECOND by Hood to continue CUP 99-10 to the September 22,
1999 meeting of the Planning Commission. '
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown. Cutuli. Hood. Larson. and Lyon
None
None
Mr. Steele noted that the public hearing for this issue had been closed. Commissioner
Hood stated that Chairman Brown had closed the public hearing. Chairman Brown
explained that when the item is continued there would not be a public hearing unless
the Planning Commission determines to re-open the public hearing. Mr. Steele
remarked that should the public hearing be re-opened, then this item would have to be
re-noticed. Mr. Whittenberg clarified that continuation of the matter at this time was just
for consideration of the amendments to the resolution that Staff will prepare for the
Commission. Chairman Brown verified that there would be no public hearing for two
weeks. Mr. Steele clarified that the only item under consideration would be the
response of CalTrans and a public he'aring would not be necessary for this particular
issue, otherwise the only item under consideration would be the amendments to
Resolution 99-31. Mr. Whittenberg stated that after receiving a response from
CalTrans, should the Commission wish to receive additional testimony on that
information that then the public hearing could. be continued. Chairman Brown stated
that he believed the Commission had heard as much as they were going to hear and
other than hearing comments in favor or against the response from CalTrans, he did not
believe a public hearing would be necessary.
Commissioner Larson asked if the issue of the odor from the trash dumpsters was going
to be addressed. Mr. Whittenberg responded that a condition addressing this issue
would be included as a part of the amended resolution.
Commissioner Cutuli asked when a car was parked in the last stall next to the wall, how
would they back out of the parking stall. Mr. Whittenberg indicated that the width of the
aisle between the two parking bays is sufficient to allow a car to back into the aisle and
maneuver to exit the parking lot. He noted that the size of a standard aisle for this type
of parking lot is 24 feet.
16
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
Chairman Brown clarified with Staff that a revised Resolution would be presented at the
next meeting with the correct language for those additional areas of concern, as they
were understood this evening.
Chairman Brown called for a 5-minute recess (9:35 p.m.).
Chairman Brown reconvened the meeting at 9:45 p.m.
8. Height Variation 99-3
A-99 Surfside
ApplicanUOwner:
Request:
Mr. Brian Straight
To cOnstruct a covered roof access structure (CRAS) in
excess of the 35 foot height limit at A-99 Surfside.
Specifically, the proposed structure would exceed the height
limit by approximately 4 feet.
Recommendation:
Recommend approval subject to conditions and adoption of
Resolution No. 99-32.
Staff Reoort
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He stated that the applicant was proposing to build a new
building at this site and in conjunction with this, applicant is proposing to have a
Covered Roof Access Structure (CRAS). Section 28-2317(4) of the Code of the City of
Seal Beach allows for height variations for non-habitable architectural features to stand
to a maximum of 7 feet above the height limit for the building. Mr. Cummins said that
this section of the Code allows the Planning Commission to consider the following
criteria in deciding whether to allow this type of structure:
1. Architectural style of the Covered Roof Access Structure (CRAS) as it applies to the
style of the overall structure. >
2. Whether the height variation is appropriate for the neighborhood or whether it would
change the character of the neighborhood.
3. Whether the height variation will significantly affect the primary view from any
property located within 300 feet.
He stated that in terms of architecture, the proposed CRAS structure is in substantial
conformity with the plans received by Staff. He noted that this request was consistent
with other requests that the Commission has granted. Mr. Cummins stated that the
applicant proposes to have approximately 44 square feet of covered roof access. He
pointed out that the 1991 Policy Statement allows 46 square feet placing the applicant's
17
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8. 1999
proposal well within those gu!delines. He then presented several photographs of
previously approved CRAS within the Surfside community. Staff recommends approval
subject to conditions and adoption of Resolution No. 99-32, provided that Height
Variation 99-3 is consistent with the General Plan, no habitable space is being added to
the structure above the height limit,. and it will not significantly impact the view of any
property within 300 feet.
Public Hearina
Mr. Brian Straight stated that Staff had accurately presented all pertinent information
related to this application and he had nothing to add but to request approval of this
request.
Mr. Kevin Zelieo spoke in opposition of Height Variation 99-3. He stated that he had not
been provided with a copy of the plans for the CRAS. He said that his home would be
negatively impacted with regard- to obstruction of the ocean view. He stated he had
spoken to an appraiser and was advised that this could have a negative financial impact
on the value of his home of approximately $200,000 - $250,000. Mr. Zelien stated that
he did not have a problem with construction of a CRAS, but did object to the structure
exceeding the height limit.
Mr. Straight rebutted that several other CRAS had recently been constructed in Row A
of Surfside, and he did not believe that the structure he was proposing would have as
great an impact upon Mr. Zelien's view as he had indicated.
Chairman Brown closed the public hearing.
Commissioner Comments
Commissioner Lyon inquired as to how many homes in the A Row had additional
CRAS. Mr. Whittenberg stated that he would guess approximately 20-35 homes out of
80-90 homes along Row A had this type of structure.
Commissioner Hood asked whether the City had any liability for adverse effects on
someone's property if the City grants a permit to build a structure that adversely affects
the property. Mr. Steele responded that the City had no liability.
Commissioner Larson stated that the Commission had to be consistent. He noted that
when the ordinance was adopted the policy allowed structure height to be up to 7 feet.
He stated that as such, he was in favor of the request.
Chairman Brown remarked that this issue comes up time and again and City CounciJ in
1991 had made a very conscious decision to approve structures that fall within the
guidelines. He stated that the Commission had always approved structures that fall
within the guidelines and had never approved a structure that did not. He said that he
felt there was ample precedent to approve this request:
18
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
~2
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
MOTION by Cutuli; SECOND by Larson to approve Height Variation 99-3 and adopt
Resolution 99-32.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Larson, and Lyon
None
None
Mr. Steele advised that the adoption of Resolution No. 99-32 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
9. Variance 99~2
1307 % Seal Way
ApplicanUOwner:
Request:
Mr. Teo Albers
To allow an illegally constructed all glass sunroom attached to
a previously allowed Covered Rood Access Structure (CRAS)
in excess of the 25-foot height limit. Specifically, the sunroom
would be '13 feet by 13 feet and would be approximately 4 feet
6 inches above the height limit.
Recommendation:
Recommend denial of. Variance 99-2, and adoption of
Resolution No. 99-30
Staff ReDort
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He presented photographs of the property and the glass
sunroom structure. He noted that the property was rectangular in shape and roughly
2700 square feet in area. He described the surrounding land uses and zoning as
follows:
To the North, East and West: Residential housihg in a Residential High Density
(RHD) zone
To the South: The Pacific Ocean and beach.
Mr. Cummins stated that in mid-July a complaint was made to the Development
Services Department that non-permitted construction was going on. Upon inspection
the Development Services Department found that no permits were ever issued for the
construction of the sunroom. The Chief Building Inspector then placed a stop work
order on the sunroom, which was essentially all but finished, and that is the state in
which it remains today. Mr. Cummins states that Staff informed the applicant at that
time that City Code did not permit the sunroom and that in order to keep the sunroom a
19
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Mmutes of September 8, 1999
Variance would be required. Staff informed him that he could apply for a public hearing,
but that if his application were denied, he would have to take down the sunroom. Mr.
Cummins stated that the Covered Roof Access Structure (CRAS) was approved in May
1995, however, as is standard, one of the conditions at that time was that no habitable
space be provided at the top of the structure. He then outlined the 3 conditions that
must be met when considering whether or not to grant 'a Variance as follows:
1. The variance will not adversely affect the General Plan.
2. There exist special circumstances that deprive the property owner to use of his
property.
3. Granting of the variance does not give special privilege to that property owner that is
not enjoyed by others in a similar situation
Staff does not feel that there are any unique characteristics to this property that would
require the granting of a variance. Staff recommends denial of Variance 99-2 on the
basis that habitable living space is provided within the structure itself and the building is
in excess of the height limit, therefore, approval of this variance would be the granting of
a special privilege and there is no unusual characteristic applicable to this property.
Mr. Teo Albers stated that he lives in Chino and hopes to move full-time to the home on
Seal Way. He stated that he takes pride in his home and takes good care of it. He said
that because the stairway landing was quite small, he decided to build the sunroom to
allow for storage of items to prevent damage caused by the sea air. He stated that
because he was not including plumbing or electrical he assumed that he would not
require a permit to construct the sunroom. He said that when considering the
construction of the sunroom he did not believe that it would create an obstruction of the
view for the other homes and felt that it would enhance the appearance of his home.
Mr. Albers stated that the structure was to be used only for storage of personal property.
Ms. Sue Corbin asked what the City would do if the Variance were denied. She said
that having illegal structures for 10 years before it was addressed and made illegal had
set a precedent. Chairman Brown asked what was illegal for 10 years. Ms. Corbin
responded that she was referring to the decks on lithe Hill." She said that the City was
rife with illegal structures that have been reported to the Development Services
Department with no action taken by Staff. She said that Mr. Albers should not be
required to take the structure down.
Dr. Steve Meltzer spoke in opposition to Variance 99-2. He stated that he lived directly
behind the applicant's home. He said that he objected to the sunroom structure
because it was not allowed by the City Code and according to the conditions mentioned
earlier, the CRAS also did not conform to code. He stated that the City should do more
to inform neighbors and residents of any kind of changes or requests for variances that
do not conform to City Code. He stated that when notices are addressed to "Occupanr
they could be categorized as junk mail and be thrown out unopened. He then
presented photographs to show how the view from his home had changed after the
structure on Mr. Albers home went up. Dr. Meltzer stated that when he attempted to
20
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8, -1999
inq~ire of the builders about thi.s structure, they simply ignored him. He noted that
another neighbor at 1306 Ocean had filed a complaint opposing this variance. He
pointed out that because the CRAS was s~rving as the posterior wall for the sunroom,
this made the entire CRAS illegal. He requested that the Commission deny the
variance and request modification of the CRAS to make it conform to building code.
Mr. Whittenberg requested that for the record, letters received from Dr. Steven Meltzer
and Mr. Garren Mizutani, both in opposition to Variance 99-30, be entered.
Mr. Albers stated that he has done nothing to his home since purchasing it but maintain
it. He feels that it is a beautiful place and that the sunroom looks beautiful. He said that
there were plenty of other structures that had gone in before the ordinance was passed
prohibiting them. Mr. Albers stated that this structure did not . obstruct anyone's view.
He requested that he be allowed- to keep the structure.
Chairman Brown closed the public hearing.
Commissioner Comments
Commissioner Lyon stated that he did not agree with the policy of building on properties
without a permit to do so. He said that Mr. Albers was wrong in doing what he did.
Commissioner Cutuli stated that fle was in agreement ,with Commissioner Lyon.
Commissioner Hood said that although he could feel for the applicant, the City could not
allow this to stand and create a precedent; granting something to this property owner
that would not be allowed to other property owners: He stated that the Commission was
not responsible for Code Enforcement, that the City was responsible for this. He said
that enforcement was a little bit uneven in various parts of the City for different types of
properties and that this needed to be addressed. Commissioner Hood agreed that the
variance should be denied.
Commissioner Larson stated that he was also in agreement to deny the variance.
Chairman Brown noted that although height variations were allowed for CRAS as long
as they fall within certain criteria, the applicant was requesting a variance, and for that
reason alone the request does not meet the criteria of a variance. He stated that based
upon technical reasons alone, the variance would have to be denied. He said that in a
community where the ocean view was an important factor for property owners, the City
Council and Planning Commission in 1991 did allow CRAS with provisions for minimum
size and shape. Chairman Brown interjected that the comment made earlier by Ms.
Corbin stating that Mr. Albers did not have to take down this structure, was a facetious
comment and that code enforcement had improved.
MOTION by Hood; SECOND by Cutuli to deny Variance 99-2 and adopt Resolution
99-30.
21
.~
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
.24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
.46
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Larson, and Lyon
None
None
Mr. Steele advised that the denial of Resolutibn No. 99-30 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
STAFF CONCERNS
None.
COMMISSION CONCERNS
Commissioner Cutuli stated that he had noticed that half the trees in Gum Grove Park
were dying and had a growth on the leaves. He inquired if it was within the power of the
Planning Commission to remedy this situation. Mr. Whittenberg responded that the City
leases the park and is responsible for the maintenance of the park facility. He said that
this is the first he had heard about this problem and that he was not surprised reporting
that currently there is a major infestation of eucalyptus trees in Southern California. He
stated that at this point the particular bug causing the infestation has no natural
predator. Mr. Whittenberg stated that he would refer this problem to the tree
maintenance staff and make them aware of the situation. He stated that if the trees
were infested with the bug called a "Lerp, n there would not be much to be done, but he
would look into it and report back to Commissioner Cutuli.
Commissioner Hood stated that his only concern was following Chairman Brown's
performance for the past three years as Chairman of the Planning Commission.
Commissioner Larson requested that maps created for building and zoning cases
should always point to north as it makes it difficult to orient himself otherwise.
Chairman Brown stated that it had been an honor and a privilege to serve for the past
three years, and one that he will happily relinquish.
ADJOURNMENT
Chairman Brown adjourned the meeting at 10:20 p.m.
22
.~
3
4
5
6
7
8
9
10
11
12
13
14
.
.
City of Seal Beach Planning Commission
Meeting Minutes of September 8, 1999
Respectfully Subm.itted,
~.cu..~-^ ~ ~J\.\r ~
Carmen Alvarez
Executive Secretary
Planning Department
APPROVAL
The Commission on October 20, 1999 approved th~2utes of the Planning
Commission Meeting of Wednesday, September 8, 1999. .
23