HomeMy WebLinkAboutPC Min 2005-01-19
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for January 19, 2005
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Jim Sharp
District 3 - Gordon Shanks
District 4 - Gary Roberts
District 5 - Phil Ladner
Department of Development Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Christy Teague, AICP, Senior 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 at (562) 431-2527.
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Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday afternoons, 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 January 5, 2005
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 Planning
Commissioners and discussed with staff.
AI/proceedinas are recorded.
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City of Seal Beach Planning Commission
Agenda for January 19, 2005
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; 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 December 8, 2004.
VI. SCHEDULED MATTERS
2. December Building and Safety Department Statistical Report
VII. PUBLIC HEARINGS
3. Conditional Use Permit 00-11 (Revocation)
137 Main Street (Old Town Cafe)
Applicant/Owner:
Angel Lopez/Robert O'Rear
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City of Seal Beach Planning Commission · Agenda of January 19, 2005
Request:
To revoke Conditional Use Permit 00-11, which
permitted the sale of beer and wine for on-premises
consumption at 137 Main Street (Old Town Cafe).
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Recommendation: Approval and adoption of Resolution 05-3.
4. Conditional Use Permit 02-5 (Revocation)
12430-B Seal Beach Blvd. (Togo's/Baskin-Robbins)
Applicant/Owner: Kevin Schrock for Van Morgan Eateries, Inc./Levine
Investments, LP
Request: To revoke Conditional Use Permit 02-5, which
permitted an outdoor seating area at 12430-B Seal
Beach Blvd. (Togo's/Baskin-Robbins).
Recommendation: Approval and adoption of Resolution 05-1.
5. Conditional Use Permit 02-6 (Revocation)
12800 Seal Beach Blvd. (Quizno's)
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Applicant/Owner:
Request:
Roya Moinipanah/Seal Beach Land Partners
To revoke Conditional Use Permit 02-6, which
permitted an outdoor seating area at 12800 Seal
Beach Blvd. (Quizno's).
Recommendation: Approval and adoption of Resolution 05-2.
6. Conditional Use Permit 01-14 (Indefinite Extension)
12420 Seal Beach Blvd (Daphne's Greek Cafe)
Applicant/Owner: Carl Garlick/Ed Hoban for George Katakalidis/
Levine Investments
Request: Approval of Indefinite Extension of a previously
approved Conditional Use Permit 01-14 to continue
the sale of beer and wine for on-sale consumption
and for outdoor seating with approximately 12 seats.
Recommendation: Approval subject to conditions and adoption of
Resolution 05-4.
7. Variance 05-1
121 Eleventh Street
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Applicant/Owner:
Request:
Nathan Kranda
Approve a two-story addition to a single-family
residence with an existing nonconforming side yard
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City of Seal Beach Planning Commission' Agenda of January 19, 2005
Recommendation:
VIII. STUDY SESSION
setback of 2 feet on one side, where the Seal Beach
Zoninq Code requires a side setback of 3 feet. The
proposed addition will conform to setback
requirements.
Approval subject to conditions and adoption of
Resolution 05-4.
8. Walls/Courtyard Areas in Front Yards
~. STAFF CONCERNS
x. COMMISSION CONCERNS
XI. ADJOURNMENT
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Feb 9
Feb 23
Mar9
Mar 23
Apr6
Apr20
May4
May 18
Jun 8
Jun 22
July6
July 20
Aug 3
Aug 17
Sep 7
Sep 21
Oct5
Oct 19
Nov9
Nov 23
Dee 7
Dee 21
City of Seal Beach Planning Commission. Agenda of January 19, 2005
2005 Aaenda Forecast
CUP 00-11 (Indefinite Extension) Old Town Cafe
VAR 05-2 82 Surfside
Main Street Specific Plan Sign Standards
Service Station Convenience Market Development Standards
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of January 19, 2005
Chairperson Ladner called the regularly scheduled meeting of the Planning Commission
to order at 7:30 p.m. on Wednesday, January 19, 2005. 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: Department of Development Services
Lee Whittenberg, Director of Development Services
Christy Teague, AICP, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent: None.
AGENDA APPROVAL
MOTION by Roberts; 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 December 8, 2004.
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of January 19, 2005
MOTION by Sharp; SECOND by Shanks to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
SCHEDULED MATTERS
2. December Building and Safety Department Statistical Report
Mr. Whittenberg stated that this item is presented at the request of two of the Planning
Commissioners who had requested more information on any building projects within the
City. He noted that one of the documents presented is the monthly spreadsheet report
generated by the Building Department and the other is a building activity summary,
which primarily reflects new construction projects or major additions to
residential/commercial developments. He indicated that future reports would also
reflect major tenant improvement projects. He requested feedback from the
Commission with regard to the information presented.
Commissioner Deaton thanked Staff for the reports and asked if all of the building
permits listed were issued for projects that are allowed by right. Mr. Whittenberg
confirmed that this was correct. Commissioner Deaton asked if the Commissioners
could call the Building Department to request further information on any particular item.
Mr. Whittenberg confirmed that Commissioners were certainly free to call and make
inquiries. He noted that in the future the Planning Commission (PC) would receive this
report on a monthly basis as it is generated by the Building Department.
MOTION by Deaton; SECOND by Sharp to Receive and File the December Building
and Safety Department Statistical Report as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
PUBLIC HEARINGS
3. Conditional Use Permit 00-11 (Revocation)
137 Main Street (Old Town Cafe)
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City of Seal Beach Planning Commission
Meeting Minutes of January 19, 2005
Applicant/Owner:
Request:
Angel Lopez/Robert O'Rear
To revoke Conditional Use Permit 00-11, which permitted
the sale of beer and wine for on-premises consumption at
137 Main Street (Old Town Cafe).
Recommendation:
Approval and adoption of Resolution 05-3.
Staff Report
Ms. Teague stated that Staff had recently received the required application materials
from the owner of Old Town Cafe with which he is applying for the indefinite extension
of Conditional Use Permit (CUP) 00-11. She said that Staff is requesting that the PC
either table this item or continue it to the next scheduled meeting on February 9, 2005.
MOTION by Roberts; SECOND by Shanks to continue the public hearing for Conditional
Use Permit 00-11 (Indefinite Extension) to the next scheduled meeting of February 9,
2005.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
4. Conditional Use Permit 02-5 (Revocation)
12430-B Seal Beach Blvd. (Togo's/Baskin-Robbins)
Applicant/Owner: Kevin Schrock for Van Morgan Eateries, Inc./Levine
Investments, LP
Request: To revoke Conditional Use Permit 02-5, which permitted an
outdoor seating area at 12430-B Seal Beach Blvd.
(T ogo's/Baskin-Robbins).
Recommendation: Approval and adoption of Resolution 05-1.
Staff Report
Ms. Teague stated that the owner/applicant for Togo's/Baskin Robbins visited the
Planning Department today and acquired the application materials to apply for the
indefinite extension of Conditional Use Permit 02-5. As such, Staff is requesting that
this item be continued to the March 9, 2005 PC meeting to allow time for the applicant
to complete submittal of his application. Mr. Whittenberg noted that in order to continue
this item to March 9th, Chairperson Ladner should now open the public hearing.
Commissioner Deaton asked if notice would be provided. Mr. Whittenberg indicated
that notice would be provided of the new application; however, the recommendation for
revocation would not be re-noticed.
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City of Seal Beach Planning Commission
Meeting Minutes of January 19, 2005
Mr. Abbe interjected that those members of the public in attendance tonight who would
not be able to be present at the March 9th meeting should now be given the opportunity
to present their comments.
Public Hearinq
Chairperson Ladner opened the public hearing.
MOTION by Sharp; SECOND by Shanks to continue the Indefinite Extension of
Conditional Use Permit 02-5 to the Planning Commission meeting of March 9, 2005.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
5. Conditional Use Permit 02-6 (Revocation)
12800 Seal Beach Blvd. (Quizno's)
Applicant/Owner:
Request:
Recommendation:
Staff Report
Roya Moinipanah/Seal Beach Land Partners
To revoke Conditional Use Permit 02-6, which permitted an
outdoor seating area at 12800 Seal Beach Blvd. (Quizno's).
Approval and adoption of Resolution 05-2.
Ms. Teague stated that new owner for Quizno's was also provided the application
materials to apply for the indefinite extension of Conditional Use Permit 02-6. Staff is,
therefore, also requesting that Chairperson Ladner open the public hearing tonight so
that this item can be continued to the March 9th meeting to allow time for the applicant to
complete submittal of his application.
Public Hearinq
Chairperson Ladner opened the public hearing.
MOTION by Sharp; SECOND by Deaton to continue the Indefinite Extension of
Conditional Use Permit 02-6 to the Planning Commission meeting of March 9, 2005.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
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City of Seal Beach Planning Commission
Meeting Minutes of January 19, 2005
6. Conditional Use Permit 01-14 (Indefinite Extension)
12420 Seal Beach Blvd (Daphne's Greek Cafe)
Applicant/Owner: Carl Garlick/Ed Hoban for George Katakalidis/
Levine Investments
Request: Approval of Indefinite Extension of a previously approved
Conditional Use Permit 01-14 to continue the sale of beer
and wine for on-sale consumption and for outdoor seating
with approximately 12 seats.
Recommendation: Approval subject to conditions and adoption of Resolution
05-4.
Staff Report
Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) She provided some background information on this item and
noted that this item was previously considered by the PC at its July 21, 2004 meeting, at
which time the applicant was not in conformance with the required conditions of
approval as follows:
1. Failure to provide a minimum 5-foot pedestrian clearance between the exterior
seating and tables around each structural column.
Ms. Teague stated that the original application was submitted before the shopping
center was complete, and once complete it was not possible to provide the required
5-foot clearance. She indicated that the property owners and the business owner
had devised an alternate plan that would provide a 4-foot clearance. She noted that
there are alternate pedestrian routes available at this site, so Staff believes that the
4-foot clearance would be acceptable, although Daphne's will not be able to attain
the original 16 seats within the outdoor seating area.
2. Failure to provide a 42-inch guardrail around the outdoor seating area.
The Senior Planner stated that the business owner and the property owner were not
able to come to agreement on payment for the guardrail. As a result, Staff proposes
that this condition be eliminated and that a condition be added prohibiting alcohol
service to diners in the outdoor seating area. She noted that signs prohibiting the
consumption of alcohol in the outdoor seating area are to be posted inside and
outside the restaurant.
She stated that Staff is recommending approval of the Indefinite Extension of
Conditional Use Permit 01-14, subject to conditions, and adoption of Resolution 05-4.
She indicated that the representative for Daphne's is not present tonight. She
commented that the representative is traveling from the corporate office in San Diego
and may have been delayed by traffic.
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City of Seal Beach Planning Commission
Meeting Minutes of January 19, 2005
Commissioner Questions
Commissioner Shanks asked if the representative was expecting to be present tonight.
Ms. Teague reported that she had spoken with the representative this week and had
reviewed the new conditions with him. She said he was expected to be present tonight.
Commissioner Shanks asked if the public hearing could be delayed until the
representative arrives. Mr. Whittenberg recommended making a motion to trail this
matter for reconsideration of the public hearing after Item No.8 on the agenda.
MOTION by Shanks; SECOND by Sharp to trail this matter for reconsideration of the
public hearing after Item NO.8 on the agenda.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
7. Variance 05-1
121 Eleventh Street
Applicant/Owner:
Request:
Nathan Kranda
Approve a two-story addition to a single-family residence
with an existing nonconforming side yard setback of 2 feet
on one side, where the Seal Beach Zoninq Code requires a
side setback of 3 feet. The proposed addition will conform to
setback requirements.
Recommendation:
Approval subject to conditions and adoption of Resolution
05-4.
Staff Report
Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) She provided some background information on this item and
stated that this is an older home and has a 2-foot side yard setback on one side of the
house instead of the required 3 feet. She said that a Variance is required in order to do
any kind of addition to the home, as it is a nonconforming structure. She stated that
Staff is recommending approval of Variance 05-1, subject to conditions, and adoption of
Resolution 05-4 as presented.
Commissioner Questions
Commissioner Deaton inquired about fire safety with regard to the 2-foot setback. Ms.
Teague stated that the addition would be constructed in the rear portion of the structure
and would be in conformance to the current rear and side yard setback requirements.
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City of Seal Beach Planning Commission
Meeting Minutes of January 19, 2005
She noted that for fire safety purposes the Zoning Code does allow encroachments to
go 12 inches into the 3-foot setbacks, such as fireplaces, bay windows, or eaves. She
said that given this is a very small house and that one side of the home does conform to
the 3-foot setback, and the entrance is at the front of the home, Staff feels that this does
not appear to present fire safety issues.
Chairperson Ladner stated that he agrees with Commissioner Deaton's concerns
related to fire safety. He said he was under the impression that the fire department
does require a 3-foot setback from the property line. Mr. Whittenberg interjected that
this is the requirement for new construction. He indicated that the question would be
whether the PC would like to grant the Variance to allow this pre-existing structure to
remain as part of the proposed addition, or deny the Variance requiring the applicant to
demolish the structure or remove one foot of the house for the entire length of it to
conform to the setback requirement. Chairperson Ladner asked if the 2-foot setback is
acceptable because it is a pre-existing structure. Mr. Whittenberg stated that this is a
legal, nonconforming structure, and this use can remain as it is without anything being
done to it. He said that the issue arises when the owner want to do an addition to the
property. He indicated that generally, as far as fire safety is concerned, the 2-foot
setback has not been an issue in Old Town. He emphasized that this is a single-story
structure, which might create a greater exposure for fire safety. He noted that when
going through the plan check process, the fire department might require that the
applicant install sprinklers in the new addition.
Commissioner Sharp stated that in past cases regarding legal nonconforming
structures, as long as the new structure conforms to building standards, there has never
been a problem. Mr. Whittenberg said that this traditionally has been the decision of the
PC. He stated that any new additions have been required to meet all required building
standards. He explained that over the years the PC has approved a number of
additions to residential properties constructed between 1910 and 1933, primarily in the
Old Town area. He noted that building permits were not required until 1933, so there
are a lot of old structures in Old Town that were constructed without any type of permit,
but that are considered to be legally existing structures. The Director of Development
Services stated that because the addition proposed by Mr. Kranda is fairly minor
compared to what could be built on this property, and the addition would not create any
light or space issues for neighboring homes, Staff recommends approval of Variance
05-1.
Public Hearinq
Chairperson Ladner opened the public hearing.
There being no one wishing to speak, Chairperson Ladner closed the public hearing.
MOTION by Deaton; SECOND by Roberts to approve Variance 05-1 and adopt
Resolution 05-4 as presented.
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City of Seal Beach Planning Commission
Meeting Minutes of January 19, 2005
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
Mr. Abbe advised that the adoption of Resolution No. 05-4 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
STUDY SESSION
8. Walls/Courtyard Areas in Front Yards
Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) She reported that this presentation is the result of a request for
a Planning Commission Interpretation (PIC) submitted by Architect, Kent Trollen, who is
present tonight, on behalf of his client, Edward and Teresa Miller. The PIC will consider
the Code applications to situations similar to the one the Miller's are facing. They wish
to construct a closed garden wall to enclose the front yard area in the Residential High
Density (RHO) Zone and have the PC select a desired alternative to address similar
requests in the future. Ms. Teague indicated that Staff is recommending allowing these
types of requests subject to the Minor Plan Review (MPR) process. She stated that
currently the Code does not allow such a garden wall, which would be 6 feet high and
would be located 6-feet from the front property line; however, Code does allow
construction of a residence to be as close as 6 feet from the front property line, so long
as it has a 12-foot average front setback. She explained that if the homes on either side
of the Miller's home were constructed 6-feet from the front property line, this wall would
be allowed with no discretionary approval required. She stated that in this case, the
homes on either side of the Miller's home are more than 12-feet from the front property
line. She indicated that it is inconsistent treatment to allc?w construction according to the
conditions in the adjacent residences, which could be modified in the future. She
reviewed the three suggested alternatives as described on Pages 2-3 of the Staff
Report as follows:
1. Allow construction of garden walls up to 6 feet in height to be placed 6 feet from the
front property lines in cases such as this, since the existing Code allows the
construction of residences up to 6 feet from the front property line.
2. Direct Staff to change the Zoning Code to allow courtyard walls in the front setback
with approval of a Minor Plan Review.
3. Direct Staff to interpret existing Code as allowing proposals such as this to be
allowed upon approval of a Conditional Use Permit.
Ms. Teague stated that Staff recommends that Alternative 2 be selected, as this would
allow neighbors most affected by the construction to receive notification and allow their
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City of Seal Beach Planning Commission
Meeting Minutes of January 19, 2005
comments to be taken into consideration. She explained that should the PC determine
that the MPR process would be appropriate for this type of project in the RHD Zone,
Staff should be directed to eliminate the exception that allows the condition in certain
cases, based upon the location of adjacent homes on the neighboring lots.
Commissioner Questions
Commissioner Deaton stated that in the past these types of projects have been
approved in Old Town. She cited a home on Sixth Street that has this type of garden
wall, but the wall is not set back 6 feet. She said she was not sure how this received
approval. Mr. Whittenberg stated that in prior years there have been several cases
where walls within the 6-foot setback area have been approved at more than the
42-inch height allowed by Code. He noted that most of these have been corner lots.
He cited a wall approved for a home at 12th Street and Electric Avenue approximately 5-
6 years ago. He stated that the proposed wall would be constructed at the 6-foot
setback line, and the Code does state that a house can be constructed at the 6-foot
setback line. He said it also states that a wall can be constructed to an exception, and
the way that Staff interprets this exception is to provide a courtyard someplace in the
interior of the property. He explained that this is why Staff is recommending Alternative
2. Commissioner Deaton stated that if by right you can build a structure to the 6-foot
setback, then she is not sure why the PC should make a difference as to whether or not
it is a house or a wall being built. She said this seems inconsistent. Mr. Whittenberg
stated that the only concern that Staff has is that people may take advantage of the
12-foot average and begin to consistently construct two-story homes with the ground
floor at the 6-foot line, and the second story set back 18 feet to meet the average, and
many homes will have a balcony over the 12-foot area on the second floor. He said this
is probably seen in 80-85 percent of the average types of applications that come to the
Building Department. He continued by stating that the other 15-20 percent of plans
received are for homes with the first floor set back 18 feet and the second floor coming
out to the 6-foot setback and a covered patio area is then created underneath, but there
are no walls within this area. He indicated that this is why Staff is recommending the
MPR process as a means for reviewing these requests. Commissioner Deaton stated
that her main concern has been that currently there have been several residences
constructed in Old Town with huge walls in front making these homes look like
compounds or prisons. She said that it is the nature of this city that homes would have
a setback and would be visible from the front and would look like a village rather than a
walled-in community. Ms. Teague interjected that in this case the applicant wants to go
23 feet back, because they have a wider than typical lot, and are not trying to maximize
their square footage, but for purposes of noise and privacy, they had requested that the
wall be 6 feet at that location. Commissioner Deaton stated that she wants to ensure
that the wall is set back far enough.
Commissioner Sharp stated that he favors Alternative 2 as this will allow the PC to
review these kinds of projects and also allow the neighboring residents to receive
notice.
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Commissioner Shanks noted that the wall will provide a different look than the two
homes that are set back on each side of 355 Thirteenth Street. He also was in favor of
selecting Alternative 2.
Commissioner Roberts stated that he also favors Alternative 2.
Public Comments
Chairperson Ladner opened for public comments.
Mr. Kent Trollen, the architect for this project, stated that in looking at the architecture of
development while walking throughout the city he has observed new construction that
resembles tall boxes built out to the maximum, right up to the 6-foot setback from the
property line. He said that this appears to be very prevalent today. He noted that
although Seal Beach has been looked upon as the "Mayberry" of the beach cities, it is
rapidly changing, with back yards disappearing in Old Town and are popping up to the
rooftops. He said that given the ability for the Millers to have this garden provides the
opportunity to have a "back yard," since access to homes in Old Town is usually via the
garages that abut the alleys. He stated that the only place to have private time would
be within an enclosed patio area. Mr. Trollen commented that he did not agree with
having to go through the Conditional Use Permit (CUP) process in order to construct a
garden wall. He cautioned that the PC should take a look at what is happening in this
City with property owners maxing out development on their properties. He stated that
the integrity and charm of the City is quickly disappearing. He noted that he lived on the
Balboa Peninsula for 15 years and over time the character of that community is starting
to disappear because of maximization. He indicated that the street on which he lived
used to be all cottages and now there are mostly 2% story structures along this very
narrow street. He compared it to being in New York and stated that there is no longer
any privacy for residents. He stated that garden walls will begin to appear more
frequently, as this provides that small, intimate space for residents' privacy and
enjoyment. He again cautioned that Seal Beach is changing and he encouraged the
Commission to look to the future and see that this kind of project will begin to appear
with more frequency. Mr. Trollen then stated that personally he opposes having to go
through the MPR process, as he believes a person has a right to privacy. He suggested
allowing the garden walls by right. He noted the irony of having to go through a public
hearing in order to have a wall for privacy.
Commissioner Deaton stated that she was in agreement with Mr. Trollen's comments
about the mansionization issue. She said that the PC is preparing to address this'issue
in the near future.
Mr. Trollen noted that the City of Newport Beach had attempted to control
mansionization using setbacks and open space requirements. He said that many times
in getting focused on the details, you lose sight of the big picture, and Seal Beach is
quickly losing its small town ambiance. He stated that five properties on either side of
his office are maxed out with what he sees as dwelling units, not houses.
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There being no one else wishing to speak, Chairperson Ladner closed public
comments.
Commissioner Comments
Commissioner Deaton stated that she is in total agreement with Mr. Trollen's comments
and that the issue is one of balance between maximization and privacy, and walling in
the City. She said she would still support a MPR for these projects.
MOTION by Deaton; SECOND by Roberts to direct Staff to draft a Zone Text
Amendment requiring a Minor Plan Review for applications for garden walls within front
yards.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, ~hanks, and Sharp
None
None
Mr. Whittenberg stated that the draft of the Zone Text Amendment (ZTA) would
probably be ready for presentation at the March 9, 2005 Planning Commission meeting.
Mr. Whittenberg then reminded the Commission of the need to return to review of the
public hearing for Conditional Use Permit (CUP) 01-14 (Indefinite Extension) for
Daphne's Greek Cafe. He asked if the applicant had arrived. Ms. Teague reported that
the representative for Daphne's had not arrived. She did note that the applicant for
Variance 04-1 was now present. Mr. Whittenberg stated that the PC should decide
whether to take action on CUP 01-14 tonight, or continue the item to the next scheduled
meeting of February 9, 2005, to allow the applicant to be present.
MOTION by Deaton; SECOND by Roberts to continue Conditional Use Permit 01-14
(Indefinite Extension) to the next scheduled meeting of February 9,2005.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Ladner, Deaton, Roberts, Shanks, and Sharp
None
None
Mr. Abbe recommended that the public hearing for this item be opened. So ordered by
Chairperson Ladner.
STAFF CONCERNS
None.
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COMMISSION CONCERNS
Commissioner Sharp inquired about the new mutual buildings to be constructed in
Leisure World. Mr. Whittenberg reported that this project is still in Plan Check for
building and code compliance and grading/soil issues. Commissioner Sharp asked if
these were major issues and whether the City or Leisure World was holding up
progress. Mr. Whittenberg stated things are probably in between both entities at this
point.
Commissioner Sharp then inquired about the Carl's Jr. Restaurant and commented that
as he recalled the PC had approved this project to go in with the existing driveway, and
currently it appears that the driveway has been moved farther north. Mr. Whittenberg
stated that the driveway was moved north enough to allow for a drive-thru lane to come
around the south side and front of the restaurant along Seal Beach Boulevard, with the
pick-up window on the north side of the restaurant.
Commissioner Deaton again thanked the Director of Development Services for
providing the Building Permit Report. She said that this would be a very helpful
document. She then requested that Mr. Trollen's comments be included in the report
for the study session on mansionization to be held in March 2005. Mr. Whittenberg
stated that the excerpt from the minutes could be included. Commissioner Deaton
asked if public notice of the study session would be circulated to allow for public
comment. Mr. Whittenberg stated that for this type of issue public notice would be
published in the Sun Newspaper inviting the public to present their comments.
Commissioner Deaton noted that perhaps Mr. Trollen would be willing to attend the
study session to provide his comments. Mr. Trollen agreed.
Commissioner Shanks requested an update on the Boeing Integrated Defense Systems
(BIDS) project. Mr. Whittenberg reported that BIDS has indicated that the road
improvement plans and underground utility plans are ready for submittal to the
Engineering and Public Works Department, and by April or May 2005 building plans for
seven of the business park buildings previously approved by the PC and the California
Coastal Commission (CCC) should be ready for submittal to the Building Department.
He noted that today Staff met with the developer who is in the process of purchasing the
portion at the far east end of the property next to the commercial center at Westminster
Avenue and Seal Beach Boulevard for a hotel and retail uses. He indicated that they
expect to submit plans for site plan approval within the next 30-60 days, and this will be
a public hearing item to come before the PC.
Commissioner Shanks then asked if the storm had created flooding along Seal Beach
Boulevard near the BIDS facility, as previous storms have in the past. Mr. Whittenberg
confirmed that it had. He stated that there are conditions for the BIDS project related to
this problem, and they are currently doing evaluations of how to rectify this. He noted
that these plans would have to be reviewed by Engineering prior to issuance of permits
for the business park development.
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ADJOURNMENT
Chairperson Ladner adjourned the meeting at 8:30 p.m.
Respectfully Submitted,
~~~~~~
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
City of Seal Beach Planning Commission
Meeting Minutes of January 19, 2005
The Commission on February 9, 2005, approved the Minutes of the Planning
Commission Meeting of Wednesday, January 19, 2005. ~.
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