HomeMy WebLinkAboutPC Min 2002-06-05
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for June 5, 2002
7:30 p:m.
District 1 - Brian Brown
District 2 - Jim Sharp
District 3 - Len Cutuli
District 4 - David Hood
District 5 - Phil Ladner
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 June 5, 2002
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 TTE.RS: 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 June 5, 2002
City of Seal Beach Planning Commission
Agenda for June 5, 2002
7:30 p.m.
I.
PLEDGE OF ALLEGIANCE
II.
ROLL CALL
III.
AGENDA APPROVAL
By. Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; andlor
(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.
VI. SCHEDULED MATTERS
1. Approve Planning Commission Meeting Minutes of May 22, 2002.
VII. PUBLIC HEARINGS
2. Conditional Use Permit 01-5 (Indefinite Extension)
1190 Pacific Coast Highway, Unit B
ApplicanUOwner:
Request:
Alice B. Collier I Rodi Properties, LLC
The applicant requests the ability to continue to perform massage
therapy and operate a "flotation tank" in a General Commercial (C-2)
Zone. This request is for an indefinite extension of a' previous approved
CUP ..
Recommendation:
To be continued to June 19, 2002 meeting.
3. Conditional Use Permit 02-13
139 - 1 ih Street
ApplicanUOwner:
Request:
Shant Gazarian
The applicant proposes a major addition of approximately 178 square
feet to the first floor and 1,070 square feet to the second floor of an
existing single family house. The subject property is nonconforming due
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City of Seal Beach Planning Commission. Agenda of June 5, 2002
Recommendation:
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
to density and parking, as there is an apartment unit located above the
garage on the property.
Approval of Resolution 02-28, subject to conditions as recommended by
Staff, and as may be further revised by the Commission after considering
public testimony.
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City of Seal Beach Planning Commission. Agenda of June 5, 2002
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2002 Aaenda Forecast
June 19
Conditional Use Permit 01-5 (Indefinite Extension), 1190 Pacific Coast
Highway, Unit B
July 03
July 17
Aug 07
Aug 21
Sept 04
Sept 18
Oct 09
Oct 23
Nay 06
Nay 20
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Dee 04
Dee 18
TO BE SCHEDULED:
Q
Q
Q
Q
Study Session:
Staff Report:
Study Session:
Study Session:
Permitted Uses and Development Standards-in Commercial Zones (5/6/98)
Undergrounding of Utilities
Retaining Walls
ADA Handicapped-Accessible Restrooms
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of June 5, 2002
Chairperson Hood called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, June 5, 2002. 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: Deoartment of Develooment Services
Lee Whittenberg, Director
Terence Boga, Assistant City Attorney
Absent: Mac Cummins, Assistant Planner
AGENDA APPROVAL
Mr. Whitt,enberg noted that at the applicant's request, Item No. 2 (~onditional Use
Permit 01-5 Indefinite Extension) is to be continued to the Planning Commission
meeting of June 19, 2002. He stated that re-circulation of the public notice would
not be required.
MOTION by Sharp; SECOND by Ladner 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.
There being no one wishing to speak, Chairperson Hood closed oral
communications.
1 These Minutes were transcribed from audiotape of the meeting.
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CONSENT CALENDAR
City of Seal Beach Planning Commission
Meeting Minutes of June 5, 2002
1. Approve Planning Commission Meeting Minutes of May 22, 2002.
MOTION by Cutuli; SECOND by Ladner to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
5-0
Brown, Cutuli, Hood, Ladner, and Sharp
None
Npne
2. Conditional Use Permit 01-5 (Indefinite Extension)
1 ~ 90 Pacific Coast Highway, Unit B
Applicant/Owner:
Request:
Recommendation:
Alice B. Collier I Rodi Properties, LLC
The applicant requests the ability to continue to perform
massage therapy and operate a - "flotation tank" in a
General Commercial (C-2) Zone. This request is for an
indefinite extension of a previous app.roved CUP..
To be continued to Planning Commission, meeting of
June 19, 2002.
3. Conditional Use Permit 02-13
139 - 1 ih Street
Applicant/Owner:
Request:
Shant Gazarian
The applicant proposes a major addition of approximately
178 square feet to the first floor and 1,070 square feet to
the. second floor of an existing single family house. The
subject property is nonconforming due to density and
parking, as there is an apartment unit located above the
garage on the property.
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City of Seal Beach Planning Commission
Meeting Minutes of June 5, 2002
Recommendation: Approval of Resolution 02-28, subject to conditions as
recommended by Staff, and as may be further revised by
the Commission after considering public testimony.
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 stated that City Code does allow for certain types of expansions and additions to
nonconforming structures, subject to certain conditions. He indicated that with
approval of a Conditional Use Permit (CUP) a major addition is allowed as long as
the only nonconformities are density and parking, which both apply in this case. He
described the property as a 3,600 square foot lot, which under current zoning allows
for one single family dwelling (SFD). He reported that there are two units on the lot,
which would require four parking spaces and noted that there are only two parking
spaces provided by a detached garage at the rear of the property that has an
existing legal apartment building above it. Mr. Whittenberg reported that currently
only permitted construction is in progress. He explained that the applicant proposes
to add a second storY to the front residence and widen the home by approximately 4
feet. He emphasized that the most important finding to be made by the Planning
Commission (PC) in this case is that the project provides all feasible parking on the
property that can be provided to co'mply with City requirements. He described the
layout of the structures on the lot and noted that the 28-foot deep garage includes a
downstairs laundry room and would not. accommodate tandem parking. He
indicated that should the PC determine that a tandem garage is required, this would
reduce the setback distance between the front house and the rear garage/apartment
structure from 22 feet to approximately 10 feet. He also noted that this arrangement
would require eliminating the existing laundry room. The Director of Development
Services stated that Staff is recommending that the PC not require the tandem
parking.
Commissioner Questions
Commissioner Brown asked about the limits as to how far a residence could, be
expanded. Mr. Whittenberg reported that unlike a Minor Plan Review (MPR), a CUP
for a major expansion imposes no limitations on size. Commissioner Brown asked if
this application could have been submitted as an MPR. Mr. Whittenberg stated that
a MPR has a limit of 144 square feet of addition for each unit on a property.
Commissioner Sharp asked how many bedrooms ~nd baths would the home have
upon completion of the addition. Mr. Whittenberg indicated that the unit above the
garage would not be modified at all, and the existing SFD has two bedrooms and
one bath and after the remodel would have two bedrooms and an additional
office/study and a second bath.
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City of Seal Beach Planning Commission
Meeting Minutes of June 5, 2002
For the record, Mr. Whittenberg noted that Staff had received a letter today shortly
before tonight's meeting e~pressing concerns regarding this project. Commissioner
Cutuli inquired regarding the overall perception' of the parking in the surrounding
project area. Mr. Whittenberg responded that the general perception for anywhere
within Old Town is that there is not sufficient parking. He noted that this was one of
the issues addressed in the aforementioned letter. Commissioner Brown asked if
the garage would have to be moved to accommodate tandem parking. Mr.
Whittenberg explained that the garage would have to be extended by 12 feet in
order to accommodate tandem parking leaving only a 12-foot separation between
the front and rear structures. Commissioner Sharp confirmed that if the garage were
to be extended, the laundry room would also have to be eliminated in order to
provide tandem parking. Mr. Whittenberg stated that there vyould still be enough
room between the two building to recreate the laundry room in a different
configuration.
Public Hearina
Chairperson Hood opened the public hearing.
Mr. Shant Gazarian, contractor for the project and brother to the applicant, stated
that the SFD and the rear unit are to be C?ccupied by the owner. He said that it is
understood that the option of future rental of the unit exists, but for now the applicant
will reside in the SFD and use the unit over the garage as an office. He
acknowledged the problem with parking, and reiterated that expansion of the garage
wou,ld significantly reduce the yard area. He explained that ttie expansion was to
allow for sufficient room within the SFD to accommodate the family. He noted that
the remodel would enhance the appearance of the home and help beautify the
street.
The applicant, Mr. Hratch Gazarian, stated, that his primary co.ncern with extending
th~ garage is the elimination of the back yard space. He emphasized that he intends
to occLJPY both units for his own use and he recommended approval of CUP 02-13.
Mr. Daniel Hill, the architect for the project, stated that prior to drawing the plans for
the remodel, he had spoken with Staff regarding setbacks and the additional square
footage allowable under City Code. He said that increasing the square footage of
the SFD would not create an increase in the current density.
There being no one else wishing to speak, Chairperson Hood closed the public
hearing.
Commissioner Comments
Commissioner Brown stated that although the applicant has stated that he will be
occupying both units, the PC could not make a determination in favor based solely
upon this claim. He noted that future sale of the property could create an increase in
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City of Seal Beach Planning Commission
Meeting Minutes of June 5, 2002
density should the new owner decide to rent out the rear unit. He continued by
noting that because the two units are already in existence and with the parking
situation as it exists, he can only see this addition as a positive, as it will help
maintain some open space. He stated he would vote to approve.
Commissioner Sharp asked about the approximate size of the unit over the garage.
Mr. Whittenberg reported that it is a two-bedroom, one-bath unit. He inquired of the
applicant as to whether he would be operating a business out of this unit.
Mr. Whittenberg requested that Chairperson Hood re-open the public hearing in
order to respond to Commissioner Sharp's questions. Commissioner Sharp
interjected that this would not be necessary as long as the applicant had confirmed
that he would not be operating a business out of the upstairs unit.
Commissioner Cutuli stated that the PC historically made allowances for change to
the City Code to permit CUPs for non-conforming properties, and the time was
approaching when this would have to stop as the parking situation is getting serious.
He noted- that because the house would have more bedrooms, it would
accommoqate more people, and create a greater need for parking~ He said that he
did not consider tandem parking to be a solution. He indicated that he would vote to
approve this application, but he recommended that in the PC and City Council create
a "blanket statement" that in the future anyone wanting to modify a structure must
bring the building' up to current Code standards.
Commissioner Ladner inquired as to the number of automobiles currently parked at
this location., Mr. Whittenberg stated that this could change as the property is sold or
as children grow and purchase their own cars.
Commissioner Brown noted that one of the problems with making the Code too
restrictive is that property owners cannot enhance or upgrade their homes, making
the possibility of improvements less likely.
Commissioner Cutuli interjected that although he understood this, if everyone
, remodels their homes, the City could end up with "similar looking boxes," and the
Old Town charm would be lost. Commissioner Brown noted that on this lot it is
possible to legally convert this to one SFD constructed from one end of the lot to
another, creating a huge "bread box," but with the proper amount of parking.
Commissioner Sharp stated that in his 13 years on the PC, the only place where
remodeling has been restricted has been in the trailer park in order to prevent fire
hazards from too close a proximity between units.
MOTION by Brown; SECOND by'Sharp to approve Conditional Use Permit 02-13
subject to conditions, and adopt Resolution 02-28.
MOTION CARRIED: 5 - 0
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City of Seal Beach Planning Commission
Meeting Minutes of June 5, 2002
AYES:
NOES:
ABSENT:
Brown, Cutuli, Hood, Ladner, and Sharp
None
None
Mr. Soga advised that the adoption of Resolution No. 02-28 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
Mr. Whittenberg noted that Staff would attempt to not schedule items for the meeting
of July 3, 2002, as it falls before the July 4th holiday.
COMMISSION CONCERNS
None.
ADJOURNMENT
Chairperson Hood adjourned the meeting at 7:55 p.m.
Respectfully Submitted,
APPROVAL
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The Commission on June 19, 2002, approved,4he Minutes of the Planning
Commission Meeting of Wednesday, June 5, 2002. ~.
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