HomeMy WebLinkAboutPC Min 2001-04-18
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for April 18, 2001
7:30 p.m.
District 1 - Brian Brown
District 2 - Jim Sharp
District 3 - Len Cutuli
District 4 - David Hood
District 5 - Thomas Lyon
Department of Development Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Mac Cummins, Assistant Planner
Carmen Alvarez, Executive Secretary
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City Hall office hours are 7:00 a.m. to 6:00 p.m. Monday through Thursday and
Friday 8:00 a.m. to 4:00 p.m. Closed noon to 1 :00 p.m.
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The City of Seal Beach complies with the Americans with Disabilities Act. If you
need assistance to attend this meeting please telephone the City Clerk's Office at
least 48 hours in advance of the meeting (562) 431-2527.
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Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m.
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Videotapes of Planning Commission meetings may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
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Copies of staff reports and/or written materials on each agenda item are on file in
the Department of Development Services and City libraries for public inspection.
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City of Seal Beach Planning Commission. Agenda of Apri/18, 2001
PLANNING COMMISSION AGENDA INFORMATION SHEET
The following is a brief explanation of the Planning Commission agenda
structure:
AGENDA APPROVAL: The Planning Commission may wish to change the order of the
items on the agenda.
ORAL COMMUNICATIONS: Anyone wishing to address the Planning Commission, only
on items not on tonight's agenda, may do so during this time period. No action can be
taken by the Planning Commission on these communications on this date, unless
agendized.
PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to speak in
favor of or against agendized items. More detailed information is found in the actual
agenda attached. If you have documents to distribute, you should have enough copies
for all Planning Commissioners, City staff and the public. Please give one to the
secretary for the City files. The documents become part of the public record and will not
be returned.
CONSENT CALENDAR: Consent Calendar items are considered routine items that
normally do not require separate consideration. The Planning Commission may make
one motion for approval of all the items listed on the Consent Calendar.
SCHEDULED MA TIERS: These items are considered by the Planning Commission
separately and require separate motions. These transactions are considered
administrative and public testimony is not heard.
STAFF CONCERNS: Updates and reports from the Director of Development Services
(Planning and Building Departments) are presented for information to the Planning
Commission and the public.
COMMISSION CONCERNS: Items of concern are presented by the Planning
Commissioners and discussed with staff.
All proceedings are recorded.
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City of Seal Beach Planning Commission. Agenda of Apri/18, 2001
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City of Seal Beach Planning Commission
Agenda for April 18, 2001
7:30 p.m.
PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. AGENDA APPROVAL
By Motion of the Planning Commission, this is the time to
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or public to
request an item is removed from the Consent Calendar for separate action.
IV. ORAL COMMUNICATIONS
At this time, members of the public may address the Planning Commission regarding any items
within the subject matter jUrisdiction of the Planning Commission, provided that the Planning
Commission may undertake no action or discussion unless otherwise authorized by law.
V. SPECIAL PRESENTATION
. 1. Presentation of Resolution 01-21 Honoring Tom Lyon.
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.
2. Approve Planning Commission Meeting Minutes of April 4,2001.
3. RECEIVE AND FILE: - "Anthony Palazzolo v State of Rhode Island," Rhode Island Supreme
Court, February 25, 2000.
4. Minor Plan Review 01-5
3901 Lampson Avenue (Old Ranch Country Club)
Applicant/Owner:
Request:
Bixby Ranch Company
To permit the use of a temporary tent structure, 40' x 120' for temporary
golf cart battery charging and storage during the remodeling and
expansion of the existing golf cart battery charging and storage area at
the Old Ranch Country Club.
Recommendation:
Approval, subject to conditions, and adoption of Resolution 01-20
VII
SCHEDULED MATTERS
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5. Adopt Resolution No. 01-15 for Skin Essentials, 550 PaCific Coast Highway, Unit 102 approving
Variance 01-1 to add an additional nail station to a hair/nail salon in a shopping center that is
underparked.
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City of Seal Beach Planning Commission. Agenda of April 18, 2001
VIII. PUBLIC HEARINGS
. 5. Conditional Use Permit 99-12 (Indefmite Extension)
13956 Seal Beach Blvd.
Applicant/Owner: Frank Tahvildari I Frank Ayers & Son Management Corp.
Request: An indefmite extension of a previously approved land use entitlement for
an alcohol-related land use at 13956 Seal Beach Blvd, Seal Beach
(Layla's Cafe). Specifically, the entitlement allows the sale of beer and
wme for on-premises consumption, and within the enclosed outdoor
dining area.
Recommendation: Approval, subject to conditions, and adoption of Resolutions 01-16
6. Conditional Use Permit 00-5 (Indefinite Extension)
101 Main Street
Applicant/Owner: James Watson
Request: To Indefinitely extend a previously approved Conditional Use Permit to
operate some of the existing on-site parking for public use.
Recommendation: Approval, subject to conditions, and adoption of Resolutions 01-19.
7. Height Variation 01-2
1205 Crestview
. Applicant/Owner: Brent Sears / John & Neysa Erlandson
Request. To construct a non-habitable covered roof access structure to extend
above the height limit within the zone in which the subject property is
located by approximately 5 Y2 feet.
Recommendation. Approval, subject to conditions, and adoption of Resolution 01-17.
8 Height Variation 01-3
110 Ocean Avenue
Applicant/Owner' Vance & Carol Ann Caesar
Request. To construct a non-habitable architectural feature in excess of the
25-foot height limit. Specifically, the applicant proposes to construct a
covered roof access structure to exceed the height limit by approximately
6 feet
Recommendation: Approval, subject to conditions, and adoption of Resolution 01-18
IX. STAFF CONCERNS
X. COMMISSION CONCERNS
. XI ADJOURNMENT
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City of Seal Beach Planning Commission. Agenda of April 18, 2001
2001 Aaenda Forecast
May 09
Minor Plan Review 01-2 - 72 Riversea
May 23
Study Session - Housing Element
ADA Handicapped-Accessible Restrooms
Jun 06
CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan Gnll) Review
Public Hearing - Housing Element
Jun 20
July 04
July 18
HOLIDAY - No Meeting Scheduled
Aug 08
Aug 22
Sept 05
Sept 19
Oct 03
Oct 17
Nov 07
Nov 21
Dee 05
Dee 19
TO BE SCHEDULED:
o Study Session: Permitted Uses and Development Standards In Commercial Zones (5/6/98)
o Study Session: Seal Beach Boulevard (10/7/98)
o Study Session: Anaheim Bay Villas (10/7/98)
o Staff Report: Undergrounding of Utilities
o Study Session: Retaining Walls
o Tentative Parcel Map 2000-134 (Boeing)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of April 18, 2001
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, April 18, 2001. The meeting was
held in the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present:
Chairperson Hood, Commissioners Brown, Cutuli, Ladner, and Sharp
Also
Present:
Department of Development Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Absent:
Mac Cummins, Assistant Planner
AGENDA APPROVAL
Mr. Whittenberg reported that regarding Item No. V, Special Presentation, Mr. Tom
Lyon had called this afternoon to state that he would be unable to attend tonight's
meeting, and has asked that the presentation of the resolution be held at the next
Planning Commission meeting. Mr. Whittenberg requested that since the resolution
has been signed by all the Commissioners and is dated April 18, 2001, that it be
approved tonight with the presentation continued until the next meeting.
MOTION by Cutuli; SECOND by Sharp to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
ORAL COMMUNICATIONS
Chairperson Hood opened oral communications.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meetmg Mmutes of April 18, 2001
There being no one wishing to speak, Chairperson Hood closed oral
communications.
SPECIAL PRESENTATION
1. Presentation of Resolution 01-21 Honoring Tom Lyon.
MOTION by Cutuli; SECOND by Brown to approve Resolution 01-21 as presented
and to continue presentation of this resolution to the next Planning Commission
meeting on May 9,2001.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
CONSENT CALENDAR
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
2. Approve Planning Commission Meeting Minutes of April 4, 2001.
3. RECEIVE AND FILE: - "Anthony Palazzolo v. State of Rhode Island," Rhode
Island Supreme Court, February 25, 2000.
4. Minor Plan Review 01-5
3901 Lampson Avenue (Old Ranch Country Club)
Applicant/Owner:
Request:
Recommendation:
Bixby Ranch Company
To permit the use of a temporary tent structure, 40' x 120'
for temporary golf cart battery charging and storage
during the remodeling and expansion of the existing golf
cart battery charging and storage area at the Old Ranch
Country Club.
Approval, subject to conditions, and adoption of
Resolution 01-20.
MOTION by Sharp; SECOND by Ladner to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
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SCHEDULED MATTERS
City of Seal Beach Plannmg CommIssion
Meeting Minutes of Apn118, 2001
5. Adopt Resolution No. 01-15 for Skin Essentials, 550 Pacific Coast Highway,
Unit 102 approving Variance 01-1 to add an additional nail station to a hair/nail
salon in a shopping center that is underparked.
MOTION by Sharp; SECOND by Ladner to adopt Resolution 01-15 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-1
Cutuli, Hood, Ladner, and Sharp
Brown
None
Mr. Boga advised that the adoption of Resolution No. 01-15 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 Cutuli stated that he wished to reconsider his vote. He said that he
would like the vote to reflect that he abstained. Chairperson Hood noted for the
record that a change in Commissioner Cutuli's vote would not change the effect.
MOTION by Sharp; SECOND by Ladner to adopt Resolution 01-15 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
PUBLIC HEARINGS
3-1-1
Hood, Ladner, and Sharp
Brown
None
Cutuli
6. Conditional Use Permit 99-12 (Indefinite Extension)
13956 Seal Beach Blvd.
Applicant/Owner:
Req uest:
Recommendation:
Frank Tahvildari / Frank Ayers & Son Management Corp.
An indefinite extension of a previously approved land use
entitlement for an alcohol-related land use at 13956 Seal
Beach Blvd., Seal Beach (Layla's Cafe). Specifically, the
entitlement allows the sale of beer and wine for on-
premises consumption, and within the enclosed outdoor
dining area.
Approval, subject to conditions, and adoption of
Resolutions 01-16.
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CIty of Seal Beach Planning Commission
Meeting Mmutes of April 18, 2001
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in
the Planning Department.) He provided some background information on this item
and reported that this Conditional Use Permit (CUP) was initially approved in 1999
with a six-month review, which has already been held. He stated that the restaurant
has been selling alcohol for over one year, and is now back before the Planning
Commission for approval of an indefinite extension of this CUP. He reported that
Staff has not received any complaints regarding the operation of the business from
either Alcohol and Beverage Control (ABC) or from the Seal Beach Police
Department (SBPD). Staff recommends approval of the indefinite extension subject
to conditions as stated in Resolution 01-16.
Commissioner Questions
None.
Public Hearinq
Chairperson Hood opened the public hearing.
There being no one wishing to speak, Chairperson Hood closed the public hearing.
Commissioner Comments
Commissioner Sharp stated that Layla's is a very small restaurant with an outdoor
patio that serves three tables, but is very seldom used. He said that mainly
residents of Leisure World frequent the restaurant, and the shopping center is
usually closed by 9:00 p.m. He said that he did not believe there would be any
problem with approving the indefinite extension.
MOTION by Sharp; SECOND by Ladner to approve Conditional Use Permit 99-12
(Indefinite Extension) subject to conditions and adopt Resolution 01-16 as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Boga advised that the adoption of Resolution No. 01-16 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
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City of Seal Beach Planning Commission
Meetmg Minutes of Apn118, 2001
7. Conditional Use Permit 00-5 (Indefinite Extension)
101 Main Street
Applicant/Owner:
Request:
James Watson
To indefinitely extend a previously approved Conditional
Use Permit to operate some of the existing on-site
parking for public use. '
Recommendation:
Approval, subject to conditions, and adoption of
Resolutions 01-19.
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in
the Planning Department.) He provided some background information on this
application and noted that the Planning Commission considered this item last year.
He stated that the approval granted was to allow the existing parking lot at 101 Main
Street to be utilized as a paid parking lot on weekends and holidays only with
attendants there to park vehicles of visitors to Seal Beach. He said that the parking
business had operated between 12 and 15 times in the last year with no complaints
from SBPD or adjoining residents. He referred to a letter from Joan McEvoy Storms
of Oceanside, California, expressing her objection to approval of this item.
Commissioner Questions
None.
Public Hearing
Chairperson Hood opened the public hearing.
There being no one wishing to speak, Chairperson Hood closed the public hearing.
MOTION by Brown; SECOND by Sharp to approve Conditional Use Permit 00-5
(Indefinite Extension) subject to conditions and adopt Resolution 01-17 as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Boga advised that the adoption of Resolution No. 01-17 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
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City of Seal Beach Planning Commission
Meeting Minutes of April 18, 2001
8. Height Variation 01-2
1205 Crestview
Applicant/Owner:
Request:
Brent Sears / John & Neysa Erlandson
To construct a non-habitable covered roof access
structure to extend above the height limit within the zone
in which the subject property is located by approximately
5 ~ feet.
Recommendation:
Approval, subject to conditions, and adoption of
Resolution 01-17.
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in
the Planning Department.) He provided some background information on this item
and noted that the City's Zoning Ordinance allows for this type of a structure subject
to approval of a Height Variation. He stated that in addition to the Ordinance
provisions, a number of years ago the City adopted a Policy Statement that
established a minimum building envelope area for different configurations of
stairways and has limited this to basically what is needed to enclose a stairway and
required landings at the top of a stairway, in conformance with the provisions of the
Uniform Building Code (UCB). He said that Height Variation (HV) 01-2 does comply
with all of these provisions. He noted that City Code does provide for a maximum
height for this type of structure of 7 feet above the height limit for this zone. He said
that Staff is recommending that the size of the structure be reduced to comply with
the adopted City Policy Statement, which would be 62.25 square feet. He said that
when the architect prepared the plans, he was not aware that this policy existed.
For the record, Mr. Whittenberg reported that a letter in opposition to HV 01-2 was
received from Mr. Jerry Aldinger.
Commissioner Questions
Commissioner Brown asked if Staff was asking the Planning Commission to simply
approve the request, or if the architect had agreed to reduce the square footage and
would be submitting revised plans for approval. Mr. Whittenberg responded that
Staff was recommending approval with the requirement that the square footage be
reduced and when the architect applies for the building permit the revised plans will
be reviewed during plan check. Commissioner Sharp asked the Director of
Development Services whether he could be sure that this item would not sneak
through without having been revised, as there had been problems in the past with
this happening. Mr. Whittenberg said he did not believe it would. Commissioner
Brown stated that there have been a number of times where things have gone
through plan check and building inspections and still managed to be in violation of
every code that the City has. Mr. Whittenberg countered that he was sure there had
never been a project approved that was in violation of every code. Commissioner
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City of Seal Beach Planmng CommissIon
Meeting Minutes of Apn118, 2001
Brown asked how Staff goes about ensuring that unauthorized construction does not
take place. Mr. Whittenberg explained that when the revised plans come back from
Plan Check to the Building Department, Staff must stamp and approve the plans.
He said that now when an address comes up on the Department system, Staff
knows that there is an application on it with specific conditions of approval, and Staff
now places all of the conditions of approval directly on each approved set of plans.
Chairperson Hood asked if this were the same Crestview with the problem with
decks. Mr. Whittenberg stated that the deck on Crestview was a non-permitted deck
that had never received approval from the City.
Commissioner Cutuli confirmed that the letter from Mr. Aldinger was recommending
that Covered Roof Access Structures (CRAS) exceeding the height limit no longer
be allowed anywhere within the City. Mr. Whittenberg confirmed that this appeared
to be the case.
Public Hearina
Chairperson Hood opened the public hearing.
Mr. Brent Sears stated that he had not seen Mr. Aldinger's letter of opposition. He
said he had some concerns regarding some drawings in the agenda packet related
to the 1991 Policy Statement. He said that he gets nervous when he sees very
specific drawings, as he wonders how the drawings were arrived at and who
prepared them, and how qualified that person is to prepare them. He said that Mac
Cummins had reported that Mr. Barry Curtis, the previous Associate Planner for the
City, had prepared the drawings. Mr. Sears said that although he respects Mr.
Curtis, he is not an architect and did not specifically understand the Building Code
(UBC). He said that the UBC has had 3 revisions since 1991, making the City Policy
Statement inaccurate. He said that he would be happy to work with Staff to help
amend this Policy Statement.
Mr. Sears stated that the concern with "doghouses," has primarily been view
blockage and the impression of "bulk." He said that this particular project is to be
constructed on a home on Crestview, on the side of the street that abuts Gum Grove
Park and the Hellman Ranch property. He noted that there would never be another
home built behind 1205 Crestview, so view blockage would not be an issue. He said
that the properties across the street are "down the hill" and don't have a view of Gum
Grove Park or the Hellman Ranch property anyway. Mr. Sears used a drawing he
had prepared to scale depicting the various sightlines for a person standing in the
street and explained that the proposed CRAS would not even be visible from the
street. He said that although he understood the requirements for "doghouses," and
even though it could be done, he did not see how reducing the size of this particular
CRAS would benefit anyone. Mr. Sears stated that he was available to respond to
any other questions regarding this project.
Chairperson Hood closed the public hearing.
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CIty of Seal Beach Planning Commission
Meeting Minutes of April 18, 2001
Commissioner Comments
Commissioner Cutuli stated that he feels the proposed CRAS is well within the limits
of City Code. He noted that these structures have been allowed for years both
within the City and at Surfside. He said he is in favor of allowing CRAS structures,
and he would vote to approve HV 01-2. Chairperson Hood asked if Commissioner
Cutuli would support having the structure size reduced. Commissioner Cutuli stated
that he would support this only within the limits of what is already allowed.
Commissioner Sharp clarified that what Commissioner Cutuli was saying was that
he would vote to approve if the size of the structure were reduced. Commissioner
Cutuli confirmed that this was correct. Commissioner Sharp expressed his concern
that an 8' x 15' "doghouse" was too large a structure to have on top of a house. He
said that he would never under any circumstances vote to approve a CRAS of this
size.
Commissioner Brown stated that as long as the Planning Commission sticks with
what has been done in the past, there would be less controversy. He stated that he
has no faith in Staff's ability to make sure that the plans will go through plan check
correctly. He said that always in the past plans have come before the Planning
Commission with a modified "doghouse" so that the Commissioners knew exactly
what it was voting on. As an example, he noted that the structure for the
observatory on Crestview was not laid out exactly as it should have been.
Commissioner Brown stated that he had no objection to this structure if it falls within
the guidelines of 62.25 square feet, but he said he would prefer to continue this item
until the architect returns with the plans for the reduced size structure.
Commissioner Ladner expressed his agreement with Commissioner Brown and said
that he did not feel it was valuable to make the CRAS larger than necessary. He
said that because all the other CRAS in that area are smaller, it would be important
for the Planning Commission to see the revised plans before approving this item.
Chairperson Hood asked if there were precedent for continuing this item. Mr.
Whittenberg responded that this would be at the discretion of the Planning
Commission. He explained that the permitted size of 62.25 feet is determined by the
City Code which states that the CRAS shall be the minimum necessary, both
horizontally and vertically, to cover that portion of the stairway that is above 25-feet
in height. He stated that HV 01-2 basically covers both sides of the entire stairway
from the 2nd floor to the roof. He recommended asking the applicant if he wished to
continue the item.
Commissioner Sharp commented that he had more faith in Staff today than
Commissioner Brown. He said that when the real bad one happened, it wasn't so
much a result of an error on the part of Staff, but was because the structure was
"bootlegged it in at night when no one was looking, even though they had a permit
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City of Seal Beach Planmng Commission
Meeting Minutes of April 18, 2001
for part of it." He said that he was in agreement that the item be continued until
revised plans could be reviewed.
MOTION by Brown; SECOND by Cutuli to continue Height Variation 01-2 to the
Planning Commission meeting of May 9, 2001 when revised plans for a reduced
structure are to be presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
9. Height Variation 01-3
110 Ocean Avenue
Applicant/Owner:
Request:
Vance & Carol Ann Caesar
To construct a non-habitable architectural feature in
excess of the 25-foot height limit. Specifically, the
applicant proposes to construct a covered roof access
structure to exceed the height limit by approximately 6
feet.
Recommendation:
Approval, subject to conditions, and adoption of
Resolution 01-18.
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in
the Planning Department.) He indicated that this request is also to build a Covered
Roof Access Structure (CRAS) that is greater in size than what is allowed and Staff
is again recommending that the size be reduced to conform to the City Policy
Statement. He asked that rather than going through the entire Staff Report if the
Commission would prefer to open the public hearing and instruct the applicant to
have the plans revised for review at the next Planning Commission meeting. The
Director of Development Services then briefly reviewed the Staff Report noting that
this CRAS involves a circular stairway. He said that in looking at the Policy
Statement, the provisions for a circular stairway do not require that the landing at the
top of the stairway be enclosed. He said that Staff is recommending that the size be
increased over the size shown in the Policy Statement, because of the subsequent
UBC amendment that now requires a landing at the top of the stairway. He noted
that Staff is recommending that it be reduced to 54 square feet, which would meet
the minimum requirements to enclose both the circular stairway and the landing in
front of the top step of the stairway. Mr. Whittenberg noted that this would still be
larger than the applicant's proposed CRAS.
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Commissioner Cutuli asked if the Planning Commission could vote to change the
original wording to become the standard for all future CRAS for homes with circular
staircases. Mr. Whittenberg stated that he had planned on recommending under
Staff Concerns that the Planning Commission instruct Staff to review the size
guidelines under the Policy Statement for all of the different configurations and
return to the Planning Commission with the information.
Public Hearinq
Chairperson Hood opened the public hearing.
Mr. Brent Sears stated that the Director of Development Services was referring to
what Mr. Sears had mentioned earlier about the need to update the Policy
Statement to conform to the latest UBC. He said that although he did agree with
Commissioner Brown that revised plans are necessary, he stated that his copy of
the Staff Report for HV 01-3 had arrived only two days ago, which did not allow
sufficient time to revise the plans for presentation tonight. He distributed to the
Commissioners copies of a quick 8~" x 11" sketch of this project, which he had
prepared showing the reduction in the size of the CRAS. He stated that he was
concerned that if the item were continued, Staff would have to mail out notices
again. Mr. Sears asked if HV 01-3 were continued, would there be a public hearing.
Mr. Whittenberg responded that whenever a public hearing item is continued, the
subsequent review is also conducted as a public hearing, but would not have to be
re-noticed if it is continued to a specific meeting date. Mr. Sears asked if this item
could be placed on the Consent Calendar as opposed to being scheduled as a
public hearing item. Mr. Whittenberg responded that this could not be done. Mr.
Sears then proceeded to explain how the proposed structure could be reduced to
conform to the requirements of the Policy Statement. He requested that the
Planning Commission approve the revised plan as he has presented it tonight.
Chairperson Hood closed the public hearing.
Commissioner Comments
Commissioner Sharp asked the Director of Development Services how much over
the maximum size the proposed CRAS is. Mr. Whittenberg stated that as indicated,
the existing Policy Statement does not include an area for any landing at the top of a
spiral staircase. He said that this would make the proposed CRAS substantially
larger than what the existing Policy Statement allows. He stated that because the
current UBC now requires a covered enclosed landing, the plan that Mr. Sears had
provided tonight complies with all UBC provisions. He recommended approving the
revised plan as the maximum size with the understanding that if Staff interprets the
Code differently, to allow the doorway opening to be reduced in width, that the length
of the structure would be reduced by 4 inches. Commissioner Sharp referred to a
past CRAS project on Ocean Avenue that involved a spiral staircase, which involved
resolution of several problems before final approval could be granted. Mr.
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Whittenberg stated that most of these types of CRAS were being constructed after
the Policy Statement was adopted, but circular stairways are not very common any
more. Commissioner Sharp stated that if the drawing distributed by Mr. Sears meets
the size requirements, he would have no objections about approving HV 01-3.
Commissioner Brown asked how Staff came up with the 54 square feet noted in the
Staff Report. Mr. Whittenberg explained that Staff had taken into account the 3-foot
landing width at the end of the stairway, but had not accounted for the width of the
jambs around the guardrails. Commissioner Brown confirmed that Staff and not the
Building Inspectors had provided these numbers. Mr. Whittenberg stated that all of
the stairway configurations were developed in consultation with the City's plan check
engineering firm.
Commissioner Sharp stated that although he was not that knowledgeable about
architecture, he did know that doors that slide into the walls can be installed inside a
house making the extra clearance of 3 inches on each side unnecessary. He asked
if it were possible to do this on an outside door. Mr. Whittenberg responded that
these were referred to as "pocket doors," and under the UBC they would not be
permitted on this type of structure.
Chairperson Hood noted that it appeared that the Planning Commission was
attempting to create "ad hoc" policy, which is a contradiction in itself. He said that
the Commission was trying to deal with two separate items without a basic
underlying policy. He noted that the Planning Commission is dealing with a 10-year
old policy that needs to be revised. He asked how the Commission could
recommend revising the governing policy without causing harm to either of the
applicants because of the passage of time. Mr. Whittenberg stated "a policy is a
policy." He said that there are Uniform Building Codes that are adopted by
ordinance of the City, which are law and must be complied with. He stated that in
this case the requirement of law with an existing policy must be noted. He said that
this proposal does comply with the intent of the policy and also the required
provisions of the UBC to allow this structure to be built. He stated that the process
to amend the policy itself could take approximately 2 months or more. Chairperson
Hood asked if Staff were recommending that the Planning Commission approve the
HV 01-3 based upon the drawings provided by Mr. Sears, and that HV 01-2 remain
as a continued item.
Commissioner Brown referred to the drawing and asked Mr. Sears if the landing had
to be free and clear of the door opening, or could the door be placed on the top side
of the structure.
Public Hearino
Chairperson Hood re-opened the public hearing.
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Mr. Sears said that he would have to refer to the UBC. He said that this usually
applies to handicapped access issues, but he was not sure that this would apply in
this case. He said that there are numerous Building Code sections that speak to
these issues, but he could not recall them to memory. He said that he believed what
Commissioner Brown was proposing might be possible, saving the 6 inches from the
doorjambs, which would no longer be required. Commissioner Sharp asked if Mr.
Sears would approach the bench and note the proposed changes on the drawing
before Commissioner Sharp. Mr. Sears approached and responded to
Commissioner Sharp's questions.
Chairperson Hood stated that he was not feeling comfortable with "creating policy
right here as we go." He said he was almost to the point of preferring to have both
HV 01-2 and HV 01-3 continued. He noted that in this way Mr. Sears could look at
the UBC and have more definitive plans prepared for review by the Planning
Commission.
Commissioner Sharp asked if the Planning Commission would be "breaking the law"
by voting to approve this item. Mr. Whittenberg responded that the Commission
would not be breaking the law. H~ said that the Commission would be approving
something that is not in accordance with a policy of the City, but it would be in
accordance with the law of the City regarding required landings on the top of
stairways.
Mr. Sears stated that the Planning Commission would be approving something that
does not agree with an outdated policy that no longer complies with the law. He said
that the Planning Commission should not be afraid of doing this, as the policy needs
to be revised.
Chairperson Hood stated that by continuing these items the Planning Commission
was attempting to make certain that whatever is presented in the revised plans is as
close as possible to what the revised policy would be. He said that the Commission
did not want to create a different policy for each CRAS structure.
Commissioner Brown recommended closing the public hearing rather than
continuing a dialogue with the applicant.
Chairperson Hood closed the public hearing.
Commissioner Comments
Commissioner Brown noted that what the Planning Commission wants to
accomplish is to allow residents to have CRAS, but for the benefit of neighboring
residents, the spirit of the issue would be to have as few CRAS within the City as
possible. He said that if the policy must be changed, it should be changed to
enlarge it to the minimum needed, in the spirit of the overall policy. He stated that
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he was not comfortable with approving this item if there was uncertainty as to what
the UBC states about how these structures are to be constructed.
Commissioner Sharp stated that he was in agreement. He said that the main thing
that he is concerned with is ensuring that these structures are in fact non-habitable
areas that would not be used for living space in any way. He recommended
continuing both applications.
Commissioner Cutuli stated that he was in agreement that the items be continued
until minimum CRAS standards could be provided.
Commissioner Ladner asked Mr. Sears which direction the CRAS would face.
Chairperson Hood noted that the public hearing had been closed and stated that he
would re-open the public hearing to allow Commissioner Ladner to question Mr.
Sears.
Public Hearinq
Chairperson Hood re-opened the public hearing.
Commissioner Ladner asked Mr. Sears which direction the entire CRAS would face.
Mr. Sears responded that it would face east.
Chairperson Hood closed the public hearing.
MOTION by Brown; SECOND by Sharp to continue Height Variation 01-3 to the
Planning Commission meeting of May 9, 2001 when revised plans for a reduced
structure are to be presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
STAFF CONCERNS
Mr. Whittenberg stated that based on the concerns expressed, Staff recommends
that the Planning Commission direct Staff to review the Policy Statement for
minimum sizes for CRAS and to make this an agenda item for the next Planning
Commission meeting of May 9,2001.
Commissioner Brown asked if Staff could simply prepare a Staff Report regarding
the requirements for CRAS. Mr. Whittenberg stated that in order for Staff to place
this on the agenda, he ~ould prefer that the Planning Commission authorize this.
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MOTION by Brown; SECOND by Sharp to direct Staff to review the City Policy
Statement regarding Covered Roof Access Structures (CRAS) and provide the
Planning Commission with the minimum size requirements.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Whittenberg reminded the Commissioners that there would be a 3-week span
between tonight's meeting and the Planning Commission meeting of May 9, 2001.
COMMISSION CONCERNS
Chairperson Ladner introduced himself and provided a brief history of his previous
experience. He encouraged residents to feel free to direct any questions related to
District 5 to his attention via City Hall.
Commissioner Brown noted that the Agenda title page should reflect the change in
the Commissioner for District 5.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 8:32 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secreta
Planning Department
APPROVAL
The Commission on May 9, 2001, approved the Minutes of the Planning
Commission Meeting of Wednesday, April 18, 2001. ~.
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