HomeMy WebLinkAboutPC Min 2004-10-06
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for October 6,2004
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - Gary Roberts
District 5 - Phil Ladner
. Deoartment of Develooment Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Carmen Alvarez, Executive Secretary
o 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.
o 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.
o Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m.
o Videotapes of Planning Commission meetings may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
o 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 October 6, 2004
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 Droceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for October 6, 2004
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 be 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 September 22, 2004.
VI SCHEDULED MATTERS
VII PUBLIC HEARINGS
2. Conditional Use Permit 03-4 (Indefinite Extension)
12300 Seal Beach Boulevard (Target)
Applicant/Owner:
Target
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City of Seal Beach Planning Commission · Agenda of October 6, 2004
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Request:
To continue the sale of beer and wine for off-premises
consumption.
Recommendation: Approval subject to conditions and adoption of
Resolution 04-50
3. Height Variation 04-6 148 12th Street
Height Variation 04-7 150 12th Street
Height Variation 04-8 152 12th Street
Applicant/Owner:
Request:
Huntington Pacific Development, Inc.
To construct three single-family residences on three
contiguous legal lots, with each residence proposing a
non-habitable Covered Roof Access Structure
(CRAS) in excess of the 25-foot height limit.
Specifically, the proposes CRAS structures would
exceed the height limit by approximately 5 feet.
Recommendation:
Approval subject to conditions and adoption of
Resolution 04-47, 04-48, and 04-49, respectively.
. VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
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Oct 20
Noy 03
Noy 17
Dec 08
Dec 22
City of Seal Beach Plannmg Commission · Agenda of October 6, 2004
2004 Aaenda Forecast
CUP 03-3 (Indefinite Extension) Angelo's Deli
CUP 03-7 (Indefinite Extension) Flt-4-You
Minor Plan Review 04-11 - 173 Stanford Lane
CUP 01-14 (Indefinite Extension) Daphne's Greek Cafe
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of October 6,2004
Chairperson Ladner called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, October 6, 2004. The meeting was held in the
City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Ladner, Commissioners Deaton, Roberts, Shanks, and Sharp.
Also
Present: Deoartment of Develooment Services
Lee Whittenberg, Director of Development Services
Alexander Abbe, Assistant City Attorney
Absent. None.
AGENDA APPROVAL
MOTION by Deaton; SECOND by Shanks to approve the Agenda as presented
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
ORAL COMMUNICATIONS
Chairperson Ladner opened oral communications.
There being no one wishing to speak, Chairperson Ladner closed oral communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of September 22, 2004.
MOTION by Shanks; SECOND by Sharp to approve the Consent Calendar as
presented.
MOTION CARRIED: 5 - 0
1 These Minutes were transcribed from audiotape of the meeting
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of October 6, 2004
AYES:
NOES:
ABSENT:
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
SCHEDULED MA TIERS
None.
PUBLIC HEARINGS
2. Conditional Use Permit 03-4 (Indefinrte Extension)
12300 Seal Beach Boulevard (Target)
Applicant/Owner:
Request
Target
To continue the sale of beer and wine for off-premises
consumption.
Recommendation
- Approval subject to conditions and adoption of Resolution
04-50
Chairperson Ladner asked If this public hearing had been property noticed, to which Mr.
Whittenberg responded in the affirmative and he also noted that no communications
had been received on thiS matter.
Staff Reoort
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 Inrtlal approval of Conditional Use Permit (CUP) 03-4 for a one-year
period was granted in September of 2003, and tonrght's request is for granting of an
Indeflnrte extension of this CUP. Approval of this request would mean that this matter
would not come back to the Planning Commission (PC) at any time in the future unless
there is a violation of the conditions imposed by the PC that would require scheduling of
a public hearing, or If the store itself requests a modification of their CUP. He indicated
that the store has been In operation for over a year and the City has received no
complaints regarding the sale of alcoholic beverages at this location. He said that
according to the Seal Beach Police Department (SBPD) they do have a problem every
once in a while with shoplifters, but this has not involved shoplifting alcoholic beverages.
He noted that the previously approved conditions of approval remain the same Mr.
Whittenberg then stated that Staff had received a telephone call from Commissioner
Roberts today regarding the posting of required signs on the premises. He said that a
City staff member did visit the site to verify that the appropriate signs were posted inside
the store for both the off-premises nonconsumption of beverages on the property and
posting of the conditions of approval. He stated that a sign posted on the outside of the
building had disappeared and has been reordered and should be posted within
approximately 60 days
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of October 6, 2004
Commissioner Questions
None.
Public Heanng
Chairperson Ladner opened the public heanng.
Ms. Beth Aboulafla of Hinman & Carmichael stated that she and Mr. Mark Robinson
from Target were both present tonight to respond to questions from the Commission.
She stated that no problems have resulted from adding the sale of packaged beer and
wine. She requested that the PC grant approval of the indefinite extension CUP 03-4
Commissioner Roberts asked if Target had received a Type 20 ABC license for beer
and wine. Ms. Aboulafia confirmed that this was correct. Commissioner Roberts noted
that one year ago the request indicated the sale of wine only With the POSSibility of
selling beer in the future. He asked what the status is today. Ms. Aboulafla stated that
Target is stili selling wine only. Commissioner Roberts asked if there are any plans to
add the sale of beer. Ms. Aboulafla responded that all of the Target stores that are
licensed In the state of California are selling only wine, and currently there are no plans
for the sale of beer. Commissioner Deaton asked If Target had posted the signs in
accordance With the conditions of approval for CUP 03-4. Ms. Aboulafla stated that
they had. She said that she was not aware that one of the signs had come down, nor
was she certain what the reason was, but this situation IS being remedied.
There being no one else Wishing to speak, Chairperson Ladner closed the public
heanng.
MOTION by Sharp; SECOND by Shanks to approve the Indefinite Extension of
Conditional Use Permit 03-4 and adopt Resolution 04-50 as presented
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
Mr. Abbe advised that the adoption of Resolution No 04-50 begins a 10-day calendar
appeal period to the City CouncIl. The Commissioner action tOnight is final and the
appeal period begins tomorrow morning.
3. Height Variation 04-6 148 12th Street
Height Vanatlon 04-7 150 12th Street
Height Variation 04-8 152 12th Street
Applicant/Owner:
Request.
Huntington Pacific Development, Inc.
To construct three single-family residences on three
contiguous legal lots, With each residence proposing a non-
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of October 6, 2004
habitable Covered Roof Access Structure (CRAS) In excess
of the 25-foot height limit. Specifically, the proposed CRAS
structures would exceed the height limit by approximately 5
feet.
Recommendation
Approval subject to conditions and adoption of Resolution
04-47,04-48, and 04-49, respectively.
Chairperson Ladner asked If this public heanng had been property noticed, to which Mr
Whittenberg responded in the affirmative and he also noted that one communication
was received from Roger and Geraldine West in opposition to this matter.
Staff Reoort
Mr Whittenberg delivered the staff report (Staff Report is on file for inspection In the
Planning Department) He provided some background information on these items and
stated that the proposal IS to construct three separate single-family residences on a lot
that is currently developed With an eXisting apartment bUilding, which would be
demolished. He said that the lot IS a 75-foot wide lot, and underlying are three legal 25-
foot x 117 -foot lots. He noted that the proposal also includes the provision on each of
the three structures for a Covered Roof Access Structures (CRAS), which would exceed
the height limit by approximately 5 feet. He explained that there are provisions In City
Code that allow for these types of structures to exceed the 25-foot height limit for this
zone by up to 7 feet for a maximum height for a CRAS of 32 feet. Mr. Whittenberg then
added that the PC has adopted a set of design standards for different stairway
configurations for CRAS With the maximum allowable area of 38 square feet. He noted
that the proposed stairway configuration for Height Vanatlon (HV) 04-6, 04-7, and 04-8
measures 32.25 square feet. He said that since the dimensions fall Within the maximum
limits, Staff feels that the CRAS would not block any pnmary views from properties, as
in this area the homes are facing west on 1 ih Street looking toward downtown Main
Street. He stated that the proposed design of the homes is compatible With the
neighborhood, so Staff is recommending approval of HV 04-6, HV 04-7, and HV 04-8
subject to conditions. He noted that a separate motion would be necessary for each
application.
Commissioner Questions
Commissioner Sharp asked what style of staircase was to be used. Mr. Whittenberg
stated that straight-run stairways would be used.
Commissioner Deaton indicated that on the map provided, It appears as though Central
Avenue does not dead-end into these properties. She noted that this is Incorrect.
Public Hearing
Chairperson Ladner opened the public hearing.
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of October 6, 2004
(Note' Neither the applicant nor a representative of the applicant was present tonrght )
Mr. Roger West of 1301-B Electric Avenue spoke in Opposition to HV 04-6, HV 04-7,
and HV 04-8 He said that for over 40 years he has been fighting to preserve the
identity of the community, and he IS stressed over this matter. He stated that although
the architect for this project knew what the building requirements are, he exceeded
them anyway. He said he did not understand why this project could not be bUilt to
comply with the building standards. He Indicated that there is no reason to exceed the
height limit for these homes He encouraged the PC to begin "standing up to these
things" and noted that this would probably eliminate half of the work for the
Commission. He said that everyone assumes that the requirements don't mean
anything, as all they have to do IS come before the PC and the Commission Will make
an exception for them He noted that the developer is from Huntington Beach, and said
that this city has block after block of "cookie cutter row houses" being constructed, and
now these developers want to do the same in Seal Beach. He asked that the PC take a
stand for Seal Beach and keep the community the way it is. He recommended denial of
HV 04-6, HV 04-7, and HV 04-8. Commissioner Sharp asked if Mr. West was Just
opposed to bUilding the CRAS 5 feet above the height limit. Mr. West stated that the
public notice had Indicated that the project would exceed the height limit by 7 feet
Commissioner Sharp clarified that up to 7 feet is allowed, but these homes would only
exceed the height limit by 5 feet Chairperson Ladner added that the law In Seal Beach
allows up to 7 feet. Mr. West asked why these applications had to come before the PC
If the law allows this. Commissioner Sharp stated that this is the way the PC handles
these applications. Mr West clanfled that if someone wants to exceed the building
limits all they have to do IS come before the PC and the Commission decides whether or
not they can do so. Commissioner Sharp noted that this is in the Code and there are
many other CRAS in town, which have all come before the PC for approval. Mr. West
stated that someone has to fight to hold the line. He said that he frequently meets
people who comment on how nice the city IS, and he tells them that he and many others
In town have been fighting for 40 years to keep it this way, and prevent It from looking
like downtown Huntington Beach and Long Beach. He again encouraged denial of HV
04-6, HV 04-7, and HV 04-8
Mr. Chris Mewes spoke in opposition to HV 04-6, HV 04-7, and HV 04-8 and noted that
the developer did not even have the decency to show up for this heanng. He stated that
this IS the same PC that approved the project at 1ih Street and Electric Avenue that the
neighborhood residents appealed and fought to prevent, and were able to have
overturned by City Council (CC). He said it appears that the PC sees this as another
"slam dunk." He noted that there are other doghouses In town, but not every one of
them is built on a HV. He stated that to give this developer three HVs would block
everyone's view of the neighborhood He commented that the Commissioners may not
be concerned as the only Commissioner that lives in old town is Commissioner Deaton.
Mr. Magus said that 12th Street IS already overburdened With large buildings, and
approving this request would just continue to destroy the neighborhood He stated "we
have a little jewel down there that most of the Planning Commission Just seems to throw
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CIty of Seal Beach Plannmg CommissIOn
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away" He said that If residents are forced to appeal this application, It would cost them
over $2,100 00 He begged that the PC deny this request
Mr Larry Horowitz of 146 1ih Street stated that he resides next door to the proposed
project. He said that It would be nice if the PC Just "killed the whole project," as this is
such a beautiful piece of hlstonc property. He said he lives In a one-story house and
this project would totally block any view. He recommended denial of HV 04-6, HV 04-7,
and HV 04-8.
Commissioner Sharp asked the Director of Development Services If, with the exception
of the proposed CRAS, this project IS meet the requirements of City Code. Mr.
Whittenberg stated that it would be best to respond to these questions after the close of
the public hearing.
Ms. Terry Mavis of 150 1ih Street stated that she has come before the PC many times
to oppose vanances to the building code. She said that she does not understand why
the Code exists, as It appears that it does not mean anything. She Indicated that what
is being given away IS the blue sky of the City of Seal Beach, and before long as you
walk down to the beach, there will be no sunlight, but only shade. She said that this is
not why she moved to Seal Beach. She stated that she enJoys the community the way
It IS She recommended denial of HV 04-6, HV 04-7, and HV 04-8.
There being no one else wishing to speak, Chairperson Ladner closed the public
hearing.
Commissioner Comments
Commissioner Deaton stated that she would like to motion to deny all three HVs
because she feels that this IS a completely different situation than what has previously
been approved. She said that Central Avenue dead ends into these properties, and the
project would obscure the view for the entire width of this street, and the homes are all
lined up creating a "block" with no depth or difference in the homes She stated that the
CRAS that the PC has approved In the past have been individual homeowners with
individual needs for that particular CRAS, and these homes have not yet been
constructed and have no pre-existing need. She said she would like to move to deny
HV 04-6, HV 04-7, and HV 04-8.
Commissioner Shanks stated that he was In agreement He commented that all the PC
can approve or deny IS the CRAS. He said that If the developer wants to construct
these homes without the CRAS, they are in conformance with the law and can proceed
to do so He noted that he had received a telephone call from Joan Stegman whose
grandparents owned the Willard Hotel, which formerly operated at this location, and she
stated that she is opposed to this project
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Commissioner Deaton stated that she had received several telephone calls from
concerned residents. She indicated that when this type of home begins gOing up In
rows this can create a big problem for the City
Mr Abbe noted that each HV would have to be voted on separately. He asked If
Commissioner Deaton wished to amend her previous motion.
Commissioner Sharp asked if Commissioner Deaton was moving for demal on the basIs
of the aesthetics of the property, and If not, on what grounds was she moving for denial.
He said that unless the PC has a good reason to deny, he has a problem on the legality
of thiS, particularly since similar requests have previously been granted throughout the
city. Commissioner Deaton stated that she chooses to deny based on the following:
1. Protest of the community, which has not occurred with other applications for HVs.
2 A street dead ends directly into the property, which will allow a complete view of
the three homes, nght in a row.
3. She does not believe that there is a legal problem, but she would like to discuss
this further with Mr. Abbe. She said that It is her understanding that the PC IS
always able to accept ,or deny these, and that no precedence has been created,
and neither Will this set a precedent. She asked Mr Abbe If this was correct
Mr. Abbe stated that this is correct. He said that the courts have established that every
property IS unique In ItS own way. He explained that the fact that the PC has granted or
denied these in the past should not affect the ability of the PC to grant or deny these
vanatlons at this time. He clanfled that this application is for a Height Vanatlon and not
a Variance, for which the legal standards are very different. He added that under City
Code the PC has the discretion to approve or deny based upon whether it Will obstruct a
primary View, and considering the character and Integnty of the neighborhood and how
the HV would affect this, which can be a very subjective determination.
Commissioner Sharp clarified that Mr. Abbe had stated that the PC had the right to deny
this application because of obstruction of a primary view. Mr Abbe stated that the PC
could determine to deny If the HV would significantly Impair the pnmary view of any
property located within 300 feet, and also considering the character and integrity of the
neighborhood and how the variation would affect that. Commissioner Sharp stated that
he has been on the Commission for a few years and the issue of view has been argued
on a lot of properties and was never allowed to be a deciding factor in approving or
denying a HV. Mr. Abbe stated that this discussion relates to CRAS only. He noted
that the standard is very different for a Variance, which Involves granting an exception
to a legal standard. He Indicated that here this is not the case as the Code allows a
height of 25 feet, and above that an additional allowance of 7 feet could be granted
subject to PC approval. Mr. Whittenberg interjected that there have been several cases
where HVs for CRAS have been modified to reduce the impact upon view. He noted
that most of these are found In Surfs ide Colony for homes in the A Row wanting to
construct CRAS that would have obscured the view of homes In B Row. He also
indicated that there have been cases with people on the ocean side of Ocean Avenue
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of October 6, 2004
wanting to construct a CRAS, which could have obscured the view of homes on the
inland side of the street. He said that another issue is whether or not It IS appropriate
for the Integnty of that particular neighborhood, and as Mr Abbe has stated, there IS
some subjective thought Involved in making a determination. Commissioner Sharp
stated that he is arguing this because he wants to make sure that the PC IS not doing
something that It should not be dOing. He said that he believes 'if the PC denies this
application, City Council will proceed to approve it on appeal
Commissioner Roberts stated that he agrees with Commissioner Deaton,' and noted
that his major concern IS having three similar structures in a row that will only differ In
extenor color, and this will significantly affect the character of the neighborhood. He
said that It IS a shame that what the PC is dOing here tOnight IS not gOIng to change this,
but he does not know how to get around this
Commissioner Sharp stated that the same problem has occurred with the latest building
on The HIli, so unless the City adopts an ordinance that allows the PC to control what IS
bUilt, this will become a problem
Chairperson Ladner agreed with Commissioner Sharp and noted that this issue will
continue to arise whenever someone wants a HV to bUild higher than the 25-foot height
limit. He asked the Director of Development Services how long ago construction of the
CRAS had begun. Mr. Whittenberg stated that CRAS have been constructed for
approximately 20 years He said that for a long time they were simply approved at the
Staff level without any discretionary approval from the PC. He noted that this became
an issue In the early 90's, and in 1992 the City adopted the standards in use today,
which means that all of the CRAS constructed since 1992 have been bUilt in
accordance with these provIsions and have come before the PC for approval. He
emphasized that the request IS a discretionary action, and the PC does have the
authonty to say "yes" or "no" based upon the particular circumstances of the application
and the area where the project is located. He commented that although he cannot
recall a recent case where the PC has denied a CRAS, this is the first time a request of
this nature has come before the Commission.
Chairperson Ladner commented that previously he and Mr. Whittenberg had discussed
the limitation of HVs within Seal Beach and Chairperson Ladner had stated that he
believed no one should be allowed to build beyond a height of 25 feet, and Mr
Whittenberg had stated that because of a precedent, these structures were allowed.
Mr. Whittenberg c1anfied that City Code does allow people to request a HV, and as long
as it allows thiS, people have a right to file an application and the City must process and
consider the application. He emphasized that the decIsion of the PC would be based
upon the particular circumstances of each property in light of the public comments and
concerns that the Commission has He stated that as long as the City ordinances
maintain this provision and allow someone to make the application, Staff must process It
and the PC IS authonzed to consider it and make a decision on It. He said that If the PC
wishes to eliminate this process, they would have to change the Zoning Code.
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City of Seal Beach Planning Commission
Meeting Minutes of October 6, 2004
Chairperson Ladner asked if the PC could do this Mr. Whittenberg stated that the PC
could recommend to City Council that the Code be changed.
CommiSSioner Roberts read from Section C-1 B of the City Code regarding whether
such variation IS appropriate for the character and Integrity of the neighborhood, and
stated that this IS exactly what is under discussion now, and certainly is something that
the PC can "hang ItS hat on." He stated that he IS very concerned with the character
issue, and although denying the HVs is not going to resolve this, It would allow the PC
to make a statement.
MOTION by Deaton; SECOND by Shanks to deny Height Variation 04-6.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Ladner, Deaton, Roberts, and Shanks
None
None
Sharp
MOTION by Deaton; SECOND by Roberts to deny Height Variation 04-7.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Ladner, Deaton, Roberts, and Shanks
Sharp
None
MOTION by Deaton; SECOND by Shanks to deny Height Variation 04-8.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Ladner, Deaton, Roberts, and Shanks
None
None
Sharp
Mr. Whittenberg reported that Staff would return with resolutions to deny for these Items
to be adopted at the next Planmng Commission meeting of October 20,2004. He said
that after adoption of these resolutions the appeal period would begin
STAFF CONCERNS
Mr. Whittenberg stated that the new Semor Planner, Christy Teague, began work on
Monday, October 4, 2004 Unfortunately, she became III this afternoon and was not
able to be In attendance this evemng
He then provided an update on Ruby's Diner and indicated that the hearing before the
Callforma Coastal Commission (CCC) is scheduled for October 13, 2004 In San Diego.
He stated that there would be a staff report on the City Council agenda for Monday,
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City of Seal Beach Planmng Commission
Meetmg Mmutes of October 6, 2004
October 11, regarding this matter. He noted that CCC IS recommending a reduction in
the size of the proposed outdoor dining area.
The Director of Development Services then reported that bUilding permits have been
issued for the model homes on the Heron POlnte Project He stated that foundation
trenching has begun and pouring of the foundations should begin fairly soon, with the
anticipation that the models should be completed and open for viewing by mid-February
of 2005
COMMISSION CONCERNS
Commissioner Deaton commented on taking the character of Old Town and converting
It to a "cookie cutter" town where every single 25-foot lot IS being divided up with homes
constructed to the maximum lot coverage, which reduces the amount of open space,
sunlit areas In Old Town She said that recently there have been two rental properties
on 5th and 6th Street that were demolished and the "cookie cutter" homes are going up.
She noted that she too lives in a "cookie cutter house," but she believes that
neighborhoods should be mixed use, and not all one use. She said that for a long time
now the community has fought for an eclectic, downtown that Includes rental properties,
large and smaller homes, bungalows, and "cookie cutter homes," and the character of
Old Town is being lost She said she would like to ask Staff If there are ways to look at
thiS. She stated that once the new planner started work the PC was gOing to begin to
look at mansionizatlon, and she IS afraid that by the time the PC gets around to looking
at It Old Town Will be gone. Commissioner Deaton pondered that the PC might be able
to use something In the way of manslonizatlon on the Issue of "cookie cutter houses," to
get them to be setback to allow for more sunlight, but she said with a free market she
does not know of a way to do thiS
Commissioner Shanks stated that if "cookie cutter houses" must be built that don't have
to be exactly the same He said these homes look like the same 1 or 2 architects
designed them all. He then noted that there IS a rumor circulating that the DWP
property IS either In escrow or has been sold, and the developers are talking with people
in town. Mr. Whittenberg stated that Staff has met with some indiViduals who have
Indicated they are In diSCUSSion With the current owners regarding purchasing the
property. He said that Staff had suggested to these indiViduals that they make a
significant effort in talking to the community before developing a plan for the property,
assuming they ultimately close escrow and take ownership of the property.
Mr. Whittenberg returned to Commissioner Deaton's comments and stated that it would
take Staff a while to look at these issues because the PC is talking about telling people
they cannot convert existing structures to what is allowed under the ZOning Ordinance,
which IS a very tough road to travel He then stated that as far as architectural deSign
review of new homes as they come In, there are other ways to do this Without haVing a
design review board, and Staff Will provide some recommendations on thiS. He noted
that Staff would probably not be able to provide anything until the November meetings
Commissioner Deaton stated that she would like to look into providing special zoning for
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of October 6. 2004
multi-family umt, so that they would have to remain multi-family umts, but she IS not yet
certain of the legality of doing something like this. Mr. Whittenberg stated that many
Issues around this concern have been generated in a number of cities in the state He
said that this is usually related to rent control programs.
Commissioner Deaton then reported that another neighbor had come to her to complain
about the lighting on Main Street. She said that on Central Avenue the exercise
business has added neon signs about home gyms, in addition to the treadmill sign. She
said that this neighbor had provided a newspaper article that discusses what the City of
Mammoth IS dOing to reduce glare from night lighting. Mr Whittenberg stated that this
Information would be Incorporated into the October 20th study session on signage on
Main Street.
ADJOURNMENT
Chairperson Ladner adjourned the meeting at 8:15 p m
Respectfully Submitted,
Carmen Alvarez, Executive Secret
Planning Department
APPROVAL
The Commission on November 3, 2004, approved the Minutes of the Planning
Commission Meeting of Wednesday, October 6, 2004. ~ .
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