HomeMy WebLinkAboutPC Min 2004-02-04
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for February 4,2004
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - Henry Eagar
District 5 - Phil Ladner
Department of Development Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Mac Cummins, AICP, Associate Planner
Carmen Alvarez, Executive Secretary
CJ
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 wntten 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 sea.aCh Plannmg Commission · Agenda of F.ary 4, 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
agendlzed.
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 oroceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for February 4, 2004
7:30 p.m.
I.
PLEDGE OF ALLEGIANCE
ROLL CALL
II.
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 pnor 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 January 21, 2004.
2. Minor Plan Review 04-1
12295 Old Harbor Court
Applicant/Owner:
Request:
Stan and Meri-Michele Nathanson
Architectural review of a proposal to construct a
built-in SSQ structure in the side yard setback area.
The structure will be located directly adjacent to the
northern property line wall and will be approximately 9
feet by 3 feet and 7% feet by 3% feet in dimension (L-
shaped). The SSQ will be approximately 3% feet tall.
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City of sea.aCh Planning Commission · Agenda of FaaI}' 4, 2004
Recommendation: Approval subject to conditions and adoption of
Resolution 04-5
3. Minor Plan Review 04-2
48 Riversea Road
Applicant/Owner:
Request:
Recommendation:
VI SCHEDULED MATTERS
VII PUBLIC HEARINGS
Ed Welz I L1NC Housing LLC
To construct a 2-story mobile home within the trailer
park located off of First Street. The applicant
proposes to build a 2-story cabana where an existing
trailer is located. The overall height of the proposed
structure will be less than 25 feet and it will provide a
total of 1,640 square feet of living area.
Approval subject to conditions and adoption of
Resolution 04-9
4. Zone Text Amendment 04-1 (Continued from January 21,2004)
Expansions and Additions to Legal Non-Conforming Residential Structures
Citywide
Applicant/Owner:
Request:
Recommendation:
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
City of Seal Beach
To consider elimination or amendments to certain
portions of Section 28-2407 of the Code of the City of
Seal Beach, which sets forth the current standards
regarding allowable expansions and additions to legal
non-conforming residential structures.
Approval subject to conditions and adoption of
Resolution 04-10.
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City of sea/.aCh Planning Commission · Agenda of F.ary 4, 2004
. 2004 Aaenda Forecast
Feb 18
Mar 03
Mar 17
ADr07
ADr 21
Mav 05
Mav 19
Jun 09
Jun 23
Jul07
Jul21
. Aua 04
Aua 18
SeD 08
SeD 22
Oct 06
Oct 20
Nov 03
Nov 17
Dee 08
Dee 22
TO BE SCHEDULED:
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CI Study Session: Permitted Uses & Development Standards in Commercial Zones
(5/6/98 )
CI Staff Report: Undergrounding of Utilities
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City of sea/.Ch Planning Commission · Agenda of Fe.aty 4, 2004
[J Study Session: ADA Handicapped-Accessible Restrooms
[J Study Session: Parking Issues in Old Town
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of February 4, 2004
Chairperson Sharp called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, February 4, 2004. The meeting was held in the
City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Sharp, Commissioners Deaton, Eagar, Ladner, and Shanks
Also
Present: Deoartment of Develooment Services
Lee Whittenberg, Director of Development Services
Mac Cummins, Associate Planner
Alexander Abbe, Assistant City Attorney
Absent: None.
AGENDA APPROVAL
MOTION by Shanks; SECOND by Ladner to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
ORAL COMMUNICATIONS
Chairperson Sharp opened oral communications.
There being no one wishing to speak, Chairperson Sharp closed oral communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of January 21, 2004.
1 These Minutes were transcribed from audiotape of the meeting
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of February 4, 2004
2. Minor Plan Review 04-1
12295 Old Harbor Court
Applicant/Owner:
Request:
Stan and Meri-Michele Nathanson
Architectural review of a proposal to construct a built-in BBQ
structure in the side yard setback area. The structure will be
located directly adjacent to the northern property line wall
and will be approximately 9 feet by 3 feet and 7% feet by 3%
feet in dimension (L-shaped). The BBQ will be
approximately 3% feet tall.
Recommendation:
Approval subject to conditions and adoption of Resolution
04-5.
3. Minor Plan Review 04-2
48 Riversea Road
Applicant/Owner:
Request:
Ed Welz I L1NC Housing LLC
To construct a 2-story mobile home within the trailer park
located off of First Street. The applicant proposes to build a
2-story cabana where an existing trailer is located. The
overall height of the proposed structure will be less than 25
feet and it will provide a total of 1,640 square feet of living
area.
Recommendation:
Approval subject to conditions and adoption of Resolution
04-9.
MOTION by Shanks; SECOND by Eagar to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Abbe advised that the adoption of Resolution Nos. 04-5 and 04-9 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.
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City of Seal Beach Planning CommIssIon
Meeting Minutes of February 4, 2004
PUBLIC HEARINGS
4. Zone Text Amendment 04-1 (Continued from January 21,2004)
Expansions and Additions to Legal Non-Conforming Residential Structures
Citywide
Applicant/Owner:
Request:
City of Seal Beach
To consider elimination or amendments to certain portions of
Section 28-2407 of the Code of the Citv of Seal Beach,
which sets forth the current standards regarding allowable
expansions and additions to legal non-conforming residential
structures.
Recommendation:
Approval subject to conditions and adoption of Resolution
04-10.
Staff Report
Mr. Whittenberg delivered the supplemental staff report. (Supplemental Staff Report is
on file for inspection in the Planning Department.) He noted that at the last meeting the
Planning Commission (PC) had instructed Staff to prepare a modification to Alternative
2 based upon the discussion during the public hearing of January 21, 2004. He
indicated that the PC wished to require that nonconforming multi-family residentially
developed properties use the Variance process in applying for any expansion to living
space. He then explained that for single-family residences (SFR) the provisions were
split into two different districts as follows:
Planning Districts 2-7
Includes College Park East, College Park West, The Hill,
Surfside, Bridgeport, The Gold Coast, and Leisure World.
Single-family residences where the only nonconformity is an
existing setback must use the Minor Plan Review (MPR)
process. If the property is nonconforming due to density,
parking, lot coverage, etc., then must use the Variance
process.
Planning District 1
Residential High Density and Residential Medium Density
areas in Old Town, except for the Gold Coast, Seal Beach
Trailer Park, Riverbeach Condominiums, Oakwood
Apartments, and Bridgeport.
Single-family residences where the only nonconformity is an
existing setback for the living area or a garage setback that
is not adjacent to the alley must use the Minor Plan Review
(MPR) process. If the garage setback is on the alley, the
garage structure would have to be reconstructed to meet
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City of Seal Beach Planning Commission
Meeting Minutes of February 4, 2004
today's standards for provision of the proper turning area for
entering and exiting the garage.
He noted that these items would all have to come before the PC as scheduled matters
on the agenda. He then referred to Page 3 of the Supplemental Staff Report where
Staff recommends that the PC consider allowing cases of SFR with a nonconforming
setback for an eXisting portion of the structure, and also suggested adding building
height into this category. He explained that this is because a number of older SFR were
constructed before the City had a Zoning Ordinance and the height for many of these
homes is not known. He said that if the height issue were not included, this might
prohibit one of these SFR that is over the 25- feet height limit from applying for an
expansion. He also noted that revising the Code provisions for third story structures on
the rear half of lots that are 37.5 feet wide or wider might also prohibit these types of
structures from making additions to the existing first or second story. He suggested that
the PC might wish to also incorporate this into Alternative 2. He said that if the PC were
to decide against this, it would be necessary for applicants for these types of properties
to apply for a Variance. Mr. Whittenberg noted that the draft resolution and ordinance
are attached to the Staff Report for consideration by the PC.
Commissioner Deaton asked if a home were already nonconforming due to height, then
adding any living space would not be allowed, but including this in Alternative 2 would
allow them to expand their home, even though they already have a third story. Mr.
Whittenberg indicated that it might not be a third story but just the roofline of a two-story
home that exceeds the 25-foot height limit. He noted that some older homes have
steeper roofs.
Commissioner Shanks stated that as he reads the ordinance, it appears to do away with
the problem of using the 10 or 15 percent calculation for the front yard setback of
homes on The Hill. Mr. Whittenberg stated that what the proposed language states is
that if you have a nonconforming setback on a SFR lot, no matter what it is, you must
come before the PC for a determination.
Commissioner Deaton asked whether nonconforming homes on The Gold Coast would
be included in this proposal. Mr. Whittenberg stated that they would be included under
the same limitations as The Hill, College Park East, and College Park West.
Public Hearing
Chairperson Sharp opened the public hearing.
There being no one wishing to speak, Chairperson Sharp closed the public hearing.
Commissioner Comments
None.
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of February 4, 2004
Commissioner Deaton referred to Page 12 of the Staff Report, Section 28-2407, A,
Permitted Improvements, 1 and 2, and confirmed that all of these types of
improvements would be allowed on nonconforming structures. She then read from
Items 3 and 4 on Pages 13 and 14 and confirmed that these would apply to Districts
2-7. Mr. Whittenberg confirmed that this was correct and noted a typographical error in
the title for Item 3, which should read "Residential Low Density Zone Planning Districts
1 through 7;"
Mr. Abbe proposed the following language for Item 3:
"Enlargements or Expansions to nonconforming single-family residential
buildings and uses which are nonconforming only by reason of building
heights exceeding the maximum height or inadequate setbacks, including
the required setback for existing legal, nonconforming garages..."
Commissioner Deaton asked how many structures in the City were over the height limit.
Mr. Whittenberg stated that it would be difficult to say. He noted, once again, that any
expansions of nonconforming structures would still have to come before the PC for
review.
Mr. Abbe also proposed the following that references to the Uniform Building Code
should be changed to reflect California Building Code.
MOTION by Deaton; SECOND by Shanks to approve Zone Text Amendment 04-1 and
adopt Resolution 04-10 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, Ladner, and Shanks
None
None
Mr. Whittenberg noted that this is an amendment to the Zoning Ordinance and the
Planning Commission's decision tonight is not a final decision, but a recommendation to
the City Council.
STAFF CONCERNS
None.
COMMISSION CONCERNS
Commissioner Deaton commended Staff for their hard work on this project. She asked
that the Commission receive notification of the date of the City Council Meeting when
this item is scheduled to be heard.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of February 4, 2004
Chairperson Sharp asked if an effective configuration for the parking lot for Carl's Jr.
was approved. Mr. Whittenberg stated that the plan was approved in accordance with
the applicant's submission. He noted that Conditional Use Permit 04-1 is subject to a
12-month review at which time this Issue would be evaluated.
ADJOURNMENT
Chairperson Sharp adjourned the meeting at 7:56 p.m.
Respectfully Submitted,
~~~~ ~
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on February 18, 2004 approved the Minutes of the Planning
Commission Meeting of Wednesday, February 4, 2004. ~ .
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