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City of Seal Beach Planning Commission' Agenda of August 18, 1999
City of Seal Beach Planning Commission
August 18, 1999 Agenda
I.
II.
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL
III.
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 August 4, 1999.
2. Receive and File: Receipt of South Coast Air Quality Management District "Air Quality
Standards Compliance Report - 1998 Air Quality and Trends..
3. Receive and File: Receipt of Orange County Council of Governments "Air Quality
Technical Assistance Program."
4. Minor Plan Review 99-6
1100 Ocean Avenue
Applicant/Owner:
Request:
Mr. & Mrs. AI Higginbotham
Addition of a new bathroom to Unit A totaling approximately 69.5
square feet, addition of a new balcony to Unit B totaling 146 square
feet, and addition of a new fireplace to Unit A. Total addition to the
property will be 215.5 square feet.
Recommendation: Recommend approval subject to conditions and adopt Resolution
No. 99-23.
5. Minor Plan Review 99-8
620 Island View Drive
Applicant/Owner: Mr. & Mrs. Paul & Sharon Heller
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City of Seal Beach Planning Commission · Agenda of August 18, 1999
Request:
Addition of a new fireplace to be located within the rear yard setback.
The fireplace will be located 3 feet from the rear yard property line
and will stand 9.5 feet, approximately 1.5 feet above an existing
8-foot wall.
Recommendation: Recommend approval subject to conditions and adopt Resolution No.
99-29
6. Conditional Use Permit 99-8 and
Minor Plan Review 99-7
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.
Recommendation: Recommend item be continued to the next Planning Commission
meeting of September 8, 1999.
7. Correspondence from Michelle A. Brendel, Ph.D.
VI. SCHEDULED MATTERS
VII. PUBLIC HEARINGS
8. Height Variation 99-2
8-74 Surfside
Applicant/Owner:
Request:
Craig Swanson
To construct a covered roof access structure (CRAS) in excess of the
35-foot height limit at 8-74 Surfside. Proposed structure would
exceed the height limit by approximately 7 feet. Also, guard railings
would be placed along a walkway from the CRAS to a roof deck.
Recommendation: Recommend approval subject to conditions, with a reduction in size
from 61.25 square feet to 38 square feet, and adopt Resolution
No. 99-27.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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City of Seal Beach Planning Commission. Agenda of August 18, 1999
SEP 08
SEP 22
1999 Aaenda Forecast
CUP 99-8 & MPR 99-7 - 1605 Seal Way
OCT 06
OCT 20
NOV 03
NOV17
DEC 08
DEC 22
TO BE SCHEDULED:
Cl
Cl
Cl
Cl
Study Session:
Study Session:
Study Session:
Staff Report:
Permitted Uses and Development Standards in Commercial Zones (5/6/98)
Seal Beach Boulevard (10n/98)
Anaheim Bay Villas (10n/98)
Undergrounding of Utilities
And Beyond
Calendar: CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan Grill) Review (April 2001)
ADA handicapped-accessible restrooms (April 2001)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of August 18, 1999
Vice Chairman Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, August 18, 1999. The meeting was
held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Commissioners Cutuli, Hood, Larson, and Lyon
Also
Present: Department of Development Services
Lee Whittenberg, Director
Craig Steele, Assistant City Attorney
Mac Cummins, Assistant Planner
Absent: Chairman Brown
Lee Whittenberg stated that he had received a telephone call from Chairman Brown
indicating that he would be on vacation this week and would not be in attendance at
tonight's meeting.
MOTION by Hood; SECOND by Cutuli to excuse Chairman Brown.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Cutuli, Hood, Larson, and Lyon
None
Brown
AGENDA APPROVAL
MOTION by Cutuli; SECOND by Larson to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Cutuli, Hood, Larson, and Lyon
None
Brown
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of August 18, 1999
ORAL COMMUNICATIONS
Commissioner Hood opened oral communications.
Ms. Sue Corbin said that she had to correct the announcement made by Commissioner
Hood regarding oral communications, and stated that the public could address anything
they wanted during oral communications. She stated that at the last Planning
Commission meeting Staff had agreed to place on the agenda Ms. Corbin's inquiry as to
why the Commissioners were not receiving their mail and noted that it was not an
agenda item.
Mr. Reg Clewley inquired whether members of the Planning Commission had received
a copy of the communication he had delivered to Staff. He stated that the reproduction
of the photos might not be as clear as the originals and he provided the original photos
to the Commission. He asked that this document be placed on the agenda for the next
regularly scheduled meeting to be considered in conjunction with the letter from Dr.
Michelle Brendel. He stated that this was a serious problem that needed to be dealt
with. Mr. Clewley also noted that his comments of several weeks ago had been
interrupted before he was able to complete his statement regarding Staff. He said that
he wished to apologize for any misunderstanding and that he did not believe the
Director of Development Services to be "a crook" and that Mr. Clewley had not
attempted to imply that Mr. Whittenberg was dishonest. Mr. Clewley remarked that in
his opinion the Development Services Department was so eager to pave over every
available piece of real estate that they totally ignored the quality of life in this city. He
stated that there was a conflict of interest in the job description for Director of
Development Services that needed to be addressed.
Ms. Sue Corbin noted that discussion of the ordinance on retaining walls had not been
revisited. Mr. Whittenberg responded that this issue was pending and Staff would
address it as time allowed, but that it would be revisited. Ms. Corbin noted that the item
should appear under the agenda forecast section. She also stated that the City was
overdue for a Local Coastal Plan to protect the City.
Commissioner Hood closed oral communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of August 4, 1999.
2. Receive and File: Receipt of South Coast Air Quality Management District "Air
Quality Standards Compliance Report - 1998 Air Quality and Trends."
3. Receive and File: Receipt of Orange County Council of Governments "Air Quality
Technical Assistance Program."
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City of Seal Beach Planning Commission
Meeting Minutes of August 18, 1999
4. Minor Plan Review 99-6
1100 Ocean Avenue
ApplicanUOwner:
Request:
Mr. & Mrs. AI Higginbotham
Addition of a new bathroom to Unit A totaling approximately
69.5 square feet, addition of a new balcony to Unit B totaling
146 square feet, and addition of a new fireplace to Unit A.
Total addition to the property will be 215.5 square feet.
Recommendation: Recommend approval subject to conditions and adopt
Resolution No. 99-23.
5. Minor Plan Review 99-8
620 Island View Drive
ApplicanUOwner:
Request:
Mr. & Mrs. Paul & Sharon Heller
Addition of a new fireplace to be located within the rear yard
setback. The fireplace will be located 3 feet from the rear yard
property line and will stand 9.5 feet, approximately 1.5 feet
above an existing 8-foot wall.
Recommendation: Recommend approval subject to conditions and adopt
Resolution No. 99-29
6. Conditional Use Permit 99-8 and
Minor Plan Review 99-7
1605 Seal Way
ApplicanUOwner:
Request:
Mr. Jim McCoy
Addition of a new bedroom and bathroom to third floor of
existing non-conforming residence in a RHD zone located in
Old Town. The applicant is also performing a substantial
rehabilitation of the existing house.
Recommendation: Recommend item be continued to the next Planning
Commission meeting of September 8, 1999.
7. Correspondence from Michelle A. Brendel, Ph.D.
MOTION by Larson; SECOND by Cutuli to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Cutuli, Hood, Larson, and Lyon
None
Brown
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City of Seal Beach Planning Commission
Meeting Minutes of August 18, 1999
Mr. Steele advised that the adoption of Resolution No. 99-23 and Resolution No. 99-29
begins a 10-day calendar appeal period to the City Council. The Commissioner action
tonight is final and the appeal period begins tomorrow morning.
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
8. Height Variation 99-2
B-74 Surfside
ApplicanVOwner:
Request:
Craig Swanson
To construct a covered roof access structure (CRAS) in
excess of the 35-foot height limit at B-74 Surfside. Proposed
structure would exceed the height limit by approximately 7
feet. Also, guard railings would be placed along a walkway
from the CRAS to a roof deck.
Recommendation: Recommend approval subject to conditions, with a reduction in
size from 61.25 square feet to 38 square feet, and adopt
Resolution No. 9-27.
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided the legal description of the property as Orange
County Assessor's Parcel No. 178-47-126 located in the Surfside Colony. Mr. Cummins
stated that the property is nearly rectangular in shape and measures 887 square feet.
He stated that the applicant was proposing to exceed the height limit for residential
structures by roughly 7 feet. The surrounding land uses are:
To the North: Residential housing in an Residential Low Density (RLD) zone
(Surfside) and open space located within the Seal Beach Naval Weapons Station
in the Public Land Use/Recreation Zone along with Pacific Coast Highway.
To the South, East, and West are the Pacific Ocean and Residential Low Density
properties within Surfside.
Section 28-2317(4) of the Code of the City of Seal Beach allows for height variations for
non-habitable architectural features to stand above the height limit for the building. The
maximum height for this type of structure is 7 feet. .
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City of Seal Beach Planning Commission
Meating Minutes of August 18, 1999
Mr. Cummins noted the following considerations in approving this application:
1. Architectural style of the Covered Roof Access Structure (CRAS) as it applies to the
style of the overall structure.
2. Whether the covered stairwell is located along the peripheral exterior wall to the
structure.
3. Whether the structure is limited to the minimum area, both horizontally and vertically.
4. Whether the height variation is appropriate for the neighborhood or whether it would
change the character of the neighborhood.
5. Whether the height variation will significantly affect the primary view from any
property located within 300 feet.
Mr. Cummins noted that Height Variation 99-2 is consistent with the proposed structure
and also with other CRAS that have been approved in the past. He then presented
photographs of the property and other buildings in Surfside with CRAS and stated that
in 1991 the Planning Commission had adopted a policy limiting the size of CRAS to
62.25 square feet. Mr. Cummins stated that Staff was recommending a reduction in the
CRAS from 75 square feet to 62.25 square feet. Staff also recommends approval
subject to conditions as follows:
1. Height Variation 99-2 is consistent with the land use elements of the City's General
Plan as provided for a RLD area.
2. The proposed CRAS is architecturally consistent with the rest of the structures
where a number of similar structures are located.
3. No habitable living space is provided within the structure.
4. The structure does not significantly impair the primary view of any property located
within 300 feet.
5. The CRAS be limited to 62.25 square feet in size.
Commissioner Larson questioned the dimensions listed on Page 5 of the Staff Report,
which reflect limiting the CRAS to 38 feet. Mr. Cummins responded that when he
prepared the Staff Report he was not aware of the Policy Directive limiting CRAS to
62.25 square feet.
Mr. Steele noted that a letter dated August 17, 1999, was received from Mr. Robert
Bacevich, of 3321 Lily Avenue, Long Beach, who is the owner of C-2 in Surfside.
Mr. Bacevich stated his opposition to Height Variation 99-2 due to possible view
blockage if he ever decides to build higher on his property.
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City of Seal Beach Planning Commission
Meeting Minutes of August 18, 1999
Public Hearina
Mr. Craig Swanson stated that this was the first time he had viewed the diagram of the
62.25 square foot CRAS. He said that if this physically accomplished roof access, then
it was adequate and would work for him.
Mr. Whittenberg noted that the arrangement had bee reviewed by the City Engineers
and should be able to meet the interior head room requirements within this structure.
He stated that it might depend on the ceiling height compared to the floor height on the
second floor.
Ms. Sue Corbin spoke in opposition of Height Variation 99-2 stating that the question of
why the height limitation needed to be exceeded should be addressed. She stated that
this structure would block the view of other residents. Ms. Corbin stated that the City
should have graduated height limits for these structures so that no one's view is
obstructed. She said that residents of the City should simply abide by the height
limitations and not seek approval to build beyond those limitations.
Mr. Reg Clewley spoke in opposition of Height Variation 99-2 stating that he did not
approve of any height variance and that it only opens the doors for applications to build
higher and higher. He said that rather than approving variations the City should do
away with height limitations altogether. Mr. Clewley emphasized that the height limit
should be the height limit without the need for variances.
Mr. Craig Swanson stated that the Building Department generally requires access to the
roof and that this Height Variation was primarily to allow stair access to the roof.
Mr. Cummins stated that Mr. Swanson was also proposing to construct a guardrail
going from the CRAS to the existing deck structure. He presented diagrams of the stair
and guardrail. Commissioner Hood asked how many similar variances had been
approved for Surfside Colony. Mr. Whittenberg responded that CRAS are not variances
but that the City Code specifically allows these height variations, which can only be for
non-habitable structures along the coast. He stated that there were at least 30 of these
types of structures in SUrfside, maybe as many as 50. He stated that this was not a
unique case to Surfside of Old Town.
Commissioner Cutuli stated that he had formerly lived in Surfside and that because of
the size of the lots, every square foot of the property is used. He stated that because
most of the buildings have decks, they must also have the CRAS to allow access to the
roof decks.
Mr. Whittenberg stated that approval of this Height Variation could reflect the change in
the allowable square footage to the 62.25 square feet.
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City of Seal Beach Planning Commission
Meeting Minutes of August 18, 1999
MOTION by Cutuli; SECOND by Lyon to approve the Resolution 99-27 as revised to
allow a 62.25 square foot CRAS.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Cutuli, Hood, Larson, and Lyon
None
Brown
Mr. Steele advised that the adoption of Resolution No. 99-27 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
None.
ADJOURNMENT
Vice Chairman Hood adjourned the meeting at 8:02 p.m.
Respectfully Submitted,
(\~~Jo....-tl.--. ~~
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Carmen Alvarez
Executive Secretary
Planning Department
APPROVAL
The Commission on September 8, 1999 approved the Minutes of the Planning
Commission Meeting of Wednesday, August 18, 1999. C' A-- .
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