HomeMy WebLinkAboutPC Min 2004-01-07
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for January 7,2004
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
l:l 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.
l:l 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.
l:l Planning Commission meetings are broadcast live on Seal Beach TV3 They are
rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m.
l:l 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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l:l 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 Planmng CommIssion · Agenda of January 7, 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 MATTERS: 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 Planmng
Commissioners and discussed with staff.
All /Jroceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for January 7,2004
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 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 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 December 3, 2003.
VI SCHEDULED MATTERS
2 Information Regarding Determination of Proper Zoning - 37.5 Foot Wide Lot
Height Restrictions
VII PUBLIC HEARINGS
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
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Jan 21
Feb 04
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
City of Seal Beach Planning CommIssIon · Agenda of January 7, 2004
2004 Aaenda Forecast
Conditional Use Permit 04-1 - 308 7th Street
Zone Chance 04-1 - 308 7th Street
Conditional Use Permit 04-2 - 13904-13962 Seal Beach Blvd.
Zone Text Amendment - Expansions and Additions to Legal Non-
Conforming Residential Structures
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CIty of Seal Beach Planning CommIssIon · Agenda of January 7, 2004
Dee 08
Dee 22
TO BE SCHEDULED:
[J
Study Session:
[J
[J
[J
Staff Report:
Study Session:
Study Session:
Permitted Uses & Development Standards in Commercial Zones
(5/6/98)
Undergrounding of Utilities
ADA Handicapped-Accessible Restrooms
Parking Issues in Old Town
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of January 7, 2004
Chairperson Sharp called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, January 7, 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: Department of Development Services
Lee Whittenberg, Director of Development Services
Mac Cummins, Associate Planner
Alexander Abbe, Assistant City Attorney
Absent:
AGENDA APPROVAL
So ordered by Chairperson Sharp to approve the agenda as presented.
ORAL COMMUNICATIONS
Chairperson Sharp opened oral communications.
Mr. Richard Gordon stated his concerns regarding the moratorium on additions or
expansions to legal nonconforming structures. He said that this ordinance was never
meant to affect residences on "The Hill," but was meant to help mitigate the parking
problem in Old Town. He said that he is unable to commence remodeling plans on his
home due to a front yard setback issue. He said that his home was constructed in 1957
and is part of a tract, and so far he has been able to compile a list of 31 homes that are
similar to his, many of which have been improved upon. He stated that he does not see
what the problem is with his plans as he is aware of approximately 50 homes that have
roof lines within the 18-foot front setback. He noted that the 18-foot setback was
originally established to allow for parking, but he said that he wishes to construct a
raised porch, which will not allow for parking in the front yard. He expressed his
distress over Staff having made the determination that his property is nonconforming.
1 These Minutes were transcribed from audiotape of the meeting.
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He noted that he had extra copies of the data he has compiled available for distribution
to the Planning Commission.
Commissioner Deaton requested that Mr. Cummins explain the issue. Chairperson
Sharp interjected by asking Mr. Abbe whether this issue could be addressed at this
time. Mr. Abbe stated that the Commissioners could ask Mr. Gordon brief questions but
beyond that, he would hesitate to have this issue discussed among Staff. He stated
both he and Mr. Cummins would be happy to talk with Mr. Gordon at the end of tonight's
meeting.
Mr. Gordon requested a point of information to respond to Commissioner Deaton's
questions. Chairperson Sharp clarified that in order for the PC to discuss this issue, it
would have to be placed on a future agenda. Mr. Whittenberg interjected that Staff has
already scheduled a public hearing for the PC meeting of January 21, 2004, to discuss
alternatives for expansions and additions to legal nonconforming residential structures.
He said that hearing would include Mr. Gordon's application and discussion on how the
interpretation of the current moratorium Imposed by City Council (CC) is impacting his
project. Mr. Gordon stated that he had spoken with Council Member Yost who had
stated that the moratorium was never intended to apply to Mr. Gordon's situation. Mr.
Whittenberg stated that the ordinance adopted by CC prohibits the City from processing
any applications for any expansions to any nonconforming residential structure
throughout the entire City, and Mr. Gordon's property falls into this category. He
explained that the PC has no power to change this ordinance, but these issues can be
further discussed on January 21st. He said that in the meantime Staff would be happy
to meet with Mr. Gordon to discuss this. Mr. Gordon clarified that the issue is that his
home is set back 15 feet 8 inches instead of 18 feet from the property line, similar to the
other 31 homes he mentioned earlier. He cautioned that real estate agents should be
made aware that these homes cannot be improved upon as this will affect property
values.
Commissioner Deaton stated for the record that the moratorium does not keep anyone
from improving their property; it only keeps them from expansions on their property.
There being no one else wishing to speak, Chairperson Sharp closed oral
communications.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of December 3, 2003.
Chairperson Sharp noted that Commissioner Eagar would abstain from voting on this
item, as he was not present at the PC meeting of December 3, 2003.
Commissioner Shanks noted that on Pages 15 and 16 Mr. Frenzeger's name had been
misspelled as Brenslger.
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MOTION by Shanks; SECOND by Ladner to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Sharp, Deaton, Ladner, and Shanks
None
None
Eagar
SCHEDULED MATTERS
2. Information Regarding Determination of Proper Zoning - 37.5 Foot Wide Lot Height
Restrictions
Staff Reoort
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item and
explained that the Planning Commission (PC) conducted public hearings 3 years ago to
determine whether or not trapezoidal-shaped lots should be considered sufficiently wide
for the purposes of the height provision in the Zoning Code (ZC). He clarified that the
ZC currently states that if a lot is 37.5 feet wide or wider a third story can be constructed
on the back half of the lot. He said that 3 years ago there was a series of applications
for third stories on the back half of trapezoidal lots that either fronted Electric Avenue or
the alleys behind Electric Avenue. He stated that at that time the question of using an
average of the lot dimensions was addressed. Mr. Cummins indicated that after
conducting public hearings on this issue the PC had determined that both sides of these
lots had to be 37.5 feet wide or wider in order for the lot to be considered wide enough
to allow a third story. He stated that approximately 3 months ago an application was
received for a Variance to this provision to construct a third story on a trapezoidal lot.
He said that in reviewing all of the information, including the PC determination with the
City Attorney's office, Staff has determined that the current definition of lot width must
supersede any previous PC determinations on this matter. He indicated that as a result
the City currently has a definition of lot width that must be applied to all properties
regardless of their shape. Mr. Cummins stated that Staff conceptually approved the
project previously scheduled as a Variance. He said that this information is being
brought before the PC to apprise the Commissioners of the situation and to seek
direction. He explained that currently this provision exists by ordinance and is City law
and Staff must process all applications as such. He identified the two options available
to the PC as follows:
1. Accept the current definition for lot width in the Zoning Code,
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CIty of Seal Beach Planning CommissIon
Meeting Minutes of January 7, 2004
2 Ask City Council to consider changing the definition of lot width in the Zoning
Code.
He stated that Staff has included a draft memorandum, should PC choose to forward it
to the City Council for consideration in changing the definition of lot width, or the PC
could choose to give Staff direction to accept the current definition of lot width. Mr.
Cummins stated that because the PC had conducted public hearings in the past on this
issue, Staff thought it appropriate to bring this item back before the PC for
consideration.
Commissioner Questions
Commissioner Deaton stated that she had driven Electric Avenue today to determine
how many homes would be affected by this issue, and she found that almost all of the
homes on the south side would be impacted. She asked if by entertaining this issue,
would the City be opening the door for "mansionization"? Mr. Cummins stated that he
did not believe that "opening the door," would be the best terminology, since City Code
currently exists and there has been no significant increase in applications either for
Variances or to build under the provisions of the Code. He confirmed that the majority
of these properties are located on the south side of Electric Avenue along with the first
properties on the numbered streets that abut the alleys behind Electric Avenue. He
explained that the majority of these properties probably meet the definition of being 37.5
feet wide, but many of these properties have existing apartment units and economically
he did not see that it would make sense to tear these buildings down to construct large,
three-story homes. He noted that the nonconforming provisions as they currently exist,
would prohibit converting these structures to three stories. Commissioner Deaton
stated that she is not concerned about a rush of applications, but is more concerned
about buildings becoming bigger and using more lot coverage. She asked if this would
be a way to expect to see more three-story structures going up along this area. Mr.
Cummins stated that the Zoning Code would allow this.
Commissioner Shanks asked if the moratorium were made indefinite, are there any
applications in process right now that would be affected? Mr. Cummins stated currently
there is one project in the pipeline, and it would be up to City Council (CC) to determine
whether they wish to exempt projects currently in the pipeline. Commissioner Shanks
asked if the City is assuming that the moratorium would be looking into the 2000
Planning Commission recommendation that lot size be 37.5 feet at front and back? Mr.
Cummins stated that the way the memo is drafted the PC would be recommending to
CC that they consider amending the definition of lot width to make sure that both the
front and back sides of lots are 37.5 feet wide, with the moratorium to stop third story
construction until this definition is properly amended to protect the public health, safety,
and welfare. Commissioner Shanks asked why no action was taken in 2000 when the
PC made this recommendation? Mr. Cummins responded that when the PC made this
determination Staff began interpreting the Code in that manner, informing applicants
that in order to construct a third story on these lots they would need to apply for a
Variance. He said Staff would also inform the applicants that the PC had made the
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of January 7, 2004
determination that lots must measure 37.5 feet wide on the front and back of the lot.
Commissioner Shanks stated that as he reads the present Code it states that "if lots are
37.5 feet halfway between the front and back of the lot." Mr. Cummins confirmed that
this was essentially correct.
Public Comment Period
Chairperson Sharp opened for public comments.
There being no one wishing to speak, Chairperson Sharp closed the public comment
period.
MOTION by Shanks; SECOND by Deaton to approve the memorandum to the City
Council dated January 7, 2004, recommending a moratorium on construction of three-
story homes on lots that measure less than 37.5 feet in width on the front and back of
the lot.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Sharp, Deaton, Eagar, ladner, and Shanks
None
None
PUBLIC HEARINGS
None.
STAFF CONCERNS
Mr. Whittenberg reported that Mr. Cummins is now the proud father of a son, and he
then stated that he hoped everyone had a nice holiday season.
COMMISSIONER CONCERNS
Chairperson Sharp stated that it appears that work on the Boeing Project has begun.
He asked when the double-paned windows are to be installed in those homes in Leisure
World along Westminster Avenue across from the Boeing site? Mr. Cummins reported
that this project has just begun the California Coastal Commission (CCC) review
process, and this would have to be completed prior to beginning the installation. Mr.
Whittenberg interjected that currently the archaeological investigation work is under
way.
Commissioner Shanks noted that he had observed some work being done close to
Westminster Avenue along Seal Beach Boulevard where the flooding occurs whenever
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City of Seal Beach Plannmg Commission
Meeting Mmutes of January 7, 2004
it rains. He asked if this was part of an effort to clean up the flood area? Mr.
Whittenberg said he was not certain what this work involved, but it would not be formally
tied to any of the Boeing approvals since they have not received final approval from the
CCC.
ADJOURNMENT
Chairperson Sharp adjourned the meeting at 7:53 p.m.
Respectfully Submitted,
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Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on January 21, 2003 approved the Minutes of the Planning
Commission Meeting of Wednesday, January 7, 2004. ~ .
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