HomeMy WebLinkAboutPC Min 2006-01-18
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for January 18, 2006
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Phil O'Malley
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
Fnday 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.
I:J 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 18, 2006
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.
All Droceedinas are recorded.
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City of Seal Beach Planning CommIssIon · Agenda of January 18, 2006
City of Seal Beach Planning Commission
Agenda for January 18, 2006
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.
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. November 2005 Building Activity Report.
2. December 2005 Building Activity Report.
3. Receipt of Letter Re: Compliance With Lease Provisions
Conditional Use Permit 14-87
345 Tenth Street (Watersafe Swim School)
4. Minor Plan Review 06-1
625 Silver Shoals Avenue
Applicant/Owner:
Mitchell & MOnica Berro
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City of Seal Beach Planmng Commission · Agenda of January 18, 2006
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Request:
To construct a rock slide and waterfall structure with
stairs and a 4-foot high rock wall in the 10-foot rear
setback area. The 8-foot high rock slide structure is
proposed to be located 5 feet from the northwest rear
property line and a portion of the 4-foot high rock wall is
proposed to be located 3 feet from the northeast rear
property line.
Recommendation: Approval and adoption of Resolution 06-1.
5. Minor Plan Review 06-2
1504 Ocean Avenue
Applicant/Owner:
Request:
Recommendation:
Patricia Wagner/Mike & Patricia Wagner
Retain an entry trellis constructed to replace a
previously existing entry trellis 3 feet into the west side
3-foot setback.
Approval and adoption of Resolution 06-6.
VI. SCHEDULED MATTERS
. 6. Approve Planning Commission Meeting Minutes of December 7, 2005.
7. Request For Confirmation of Commission Intent - Zone Text Amendment
05-3, Adoption of New On-Premise Sign Standards Within The Main Street
Specific Plan Area.
VII. PUBLIC HEARINGS
8. Conditional Use Permit 06-2
302 Main Street (Vintner's Cellar)
Applicant/Owner:
Request:
Recommendation:
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Lynne Siemsen & Wayne Ferris/ Henryk Warno
To approve a retail wine store that offers personalized
tastes and private label wines sold by the bottle or
case. Personalized wines are proposed to be blended
and labeled on site according to customer preferences.
Pleasure of the Commission after considering public
testimony.
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Cdy of Seal Beach Planning Commission · Agenda of January 18, 2006
9. Variance 06-1
318 _14th Street
Applicant/Owner:
Request:
Recommendation:
Benny Rapp Jr. I Benny & Paula Rapp
To approve a one-story master bedroom and laundry
room addition to a single-family residence with an
existing nonconforming garage, which has a side
setback of 3 feet on once side, where the Code
requires a side setback of 3 feet 9 inches and an
existing rear setback of 9 feet 6 inches, where the Code
requires a 12-foot rear setback adjacent to a 12-foot
wide alley. The existing garage is also nonconforming
due to interior dimensions less than the required 19 feet
wide by 20 feet deep. The proposed addition will
conform to setback requirements.
Pleasure of the Commission.
10. Tentative Parcel Map 2003-251
1910-1920 St. Andrews Drive
13904-13970 Seal Beach Blvd. (Seal Beach Village Center)
Applicant/Owner:
Request:
Seal Beach Village, LP
To re-subdivide 6.505 acres into three new parcels,
including consolidation and reconfiguration of the
existing lot lines within the property. The new lots meet
the subdivision standard of 7,000 square feet of lot area
in Planning District 2, Service Commercial (C-1) Zone.
Recommendation: Approval and adoption of Resolution 06-8.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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City of Seal Beach Planning CommissIon · Agenda of January 18, 2006
. 2006 Aaenda Forecast
Feb 08 Height Variation 06-1 203 2nd Street
Feb 22
Mar 08
Mar 22
Apr05
Apr19
May 03
May 17
Jun 07
Jun 21
Jul05
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Aug 09
Aug 23
Sep 06
Sep 20
Oct 04
Oct 18
Noy 08
Noy 22
Dee 06
Dee 20
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of January 18,2006
Chairperson Shanks called the regularly scheduled meeting of the Planning
Commission to order at 7:30 p.m. on Wednesday, January 18, 2006. The meeting was
held In the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairperson Shanks, Commissioners Deaton, Ladner, O'Malley, and
Roberts.
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Christy Teague, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent: None.
AGENDA APPROVAL
Chairperson Shanks requested that Item NO.3 be removed from the Consent Calendar.
Commissioner Roberts stated that for Minor Plan Review (MPR) 06-1 it was unclear to
him where the 8-foot height of the waterfall slide was. Mr. Whittenberg explained that
this would be at the high point at the top of the slide. Commissioner Roberts asked if
the height of the adjoining fence is 6 feet. Mr. Whittenberg confirmed that this was
correct. Commissioner Roberts then asked If any comments were received for MPR
06-1. Ms. Teague reported that no comments were received.
MOTION by Roberts; SECOND by O'Malley to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
1 These Minutes were transcnbed from audiotape of the meeting
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City of Seal Beach Planmng Commission
Meeting Mmutes of January 18, 2006
ORAL COMMUNICATIONS
Chairperson Shanks opened oral communications.
There being no one wishing to speak, Chairperson Shanks closed oral communications.
CONSENT CALENDAR
1. November 2005 Building Activity Report.
2. December 2005 Building Activity Report.
4. Minor Plan Review 06-1
625 Silver Shoals Avenue
Applicant/Owner:
Request:
Mitchell & Monica Berro
To construct a rock slide and waterfall structure with stairs
and a 4-foot high rock wall in the 10-foot rear setback area.
The 8-foot high rock slide structure is proposed to be located
5 feet from the northwest rear property line and a portion of
the 4-foot high rock wall is proposed to be located 3 feet
from the northeast rear property line.
Recommendation:
Approval and adoption of Resolution 06-1.
5. Minor Plan Review 06-2
1504 Ocean Avenue
Applicant/Owner:
Request:
Patricia Wagner/Mike & Patricia Wagner
Retain an entry trellis constructed to replace a previously
existing entry trellis 3 feet into the west side 3-foot setback.
Recommendation:
Approval and adoption of Resolution 06-6.
MOTION by Deaton; SECOND by Ladner to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
Mr. Abbe advised that the adoption of Resolution Nos. 06-1 and 6-6 begins a 10-day
calendar appeal period to the City Council. The Commissioner action tonight is final
and the appeal period begins tomorrow morning.
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of January 18, 2006
3. Receipt of Letter Re: Compliance With Lease Provisions
Conditional Use Permit 14-87
345 Tenth Street (Watersafe Swim School)
Chairperson Shanks explained that this item is a letter stating that the agreement
between Watersafe Swim School and the Diocese of Orange has been approved by the
Catholic Church to allow continued use by Watersafe SWim School of the 12 parking
spaces in the church parking lot.
MOTION by Ladner; SECOND by O'Malley to Receive and File Letter Re: Compliance
With Lease Provisions for Conditional Use Permit 14-87, 345 Tenth Street (Watersafe
Swim School), and direct Staff to forward a notification letter of the determination of the
Catholic Church to all parties within a 300-foot radius of 345 Tenth Street.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
SCHEDULED MATTERS
6. Approve Planning Commission Meeting Minutes of December 7, 2005.
Commissioner Ladner noted that he was absent from the meeting of December 7, 2005,
and would abstain from voting on this item.
MOTION by O'Malley; SECOND by Roberts to approve the Planning Commission
Meeting Minutes of December 7,2005 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Shanks, Deaton, O'Malley, and Roberts
None
None
Ladner,
7. Request For Confirmation of Commission Intent - Zone Text Amendment 05-3,
Adoption of New On-Premise Sign Standards Within The Main Street Specific Plan
Area.
Mr. Whittenberg explained that clarification was needed as to whether the Planning
Commission (PC) wished to eliminate the two proposed sections to Zone Text
Amendment (ZT A) 05-3 as noted under "REQUEST" on Page 1 of the Staff Report. He
stated that the discussion on the audiotape appears to infer that once the PC
determined to reduce the illumination level to 20 candelas, the size of a neon lit sign
would not be an issue.
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City of Seal Beach Plannmg Commission
Meetmg Minutes of January 18, 2006
Commissioner Deaton stated that the use of neon lighting would no longer be an issue
with the reduced candelas; however, she does want to eliminate the use of neon lighting
as an accent. The PC was in agreement that these provisions be removed from ZT A
05-3.
MOTION by Deaton; SECOND by O'Malley confirming the deletion of the proposed
subsections from Zone Text Amendment 05-3.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
PUBLIC HEARINGS
8. Conditional Use Permit 06-2
137 Main Street (Vintner's Cellar)
Applicant/Owner:
Request:
Lynne Siemsen & Wayne Ferris/Henryk Warno
To approve a retail wine store that offers personalized tastes
and private label wines sold by the bottle or case.
Personalized wines are proposed to be blended and labeled
on site according to customer preferences.
Recommendation:
Pleasure of the Commission after considering public
testimony.
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He provided some background information on this item noting
that this location is the remaining vacant portion of the former Corner Drugstore and is
comprised of approximately 1,865 square feet of floor area. He explained that this is
part of a franchise operation with franchises in a number of states throughout the
country, as indicated in the Staff Report. He noted that this use would require a
Conditional Use Permit (CUP) due to the sale of alcohol for off premise consumption.
He noted that wine tasting requires a distinct category of license from Alcohol &
Beverage Control (ABC), and after discussions with ABC, City Staff believes that the
type of license granted would be a 02 License for winemakers. He recommended
approval of this item with an 02 License or other license as determined appropriate by
ABC. The Director of Development Services then reviewed the hours of operation and
added that the applicant proposes to remain open from 7:00 to 9:00 p.m. three nights a
week to accommodate small private wine tasting events. He then noted that reports
from Seal Beach Police Department reflect that for both 2004 and 2005 all off premise
alcohol related incidents along Main Street occurred only at the Seal Beach Liquor
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City of Seal Beach Planning Commission
Meetmg Mmutes of January 18, 2006
Store. He stated that Staff does not see where this use would be out of compliance wIth
the general terms and conditions set forth within the ZOning Ordinance. He indicated
that this property as no off-street parking, but the change in use from a pharmacy to a
wine store will require participation in the in-lieu parking program in order to meet the
parking requirements of 2 parking spaces, which will require a fee of $7,000 as a one
time fee ($3,500 per space).
Commissioner Questions
Commissioner Deaton asked if the wine store were to be issued another license other
than the 02 license, would this be the same as a license for general liquor sales. Mr.
Whittenberg referred to Page 12 of the Staff Report to proposed Condition No.1, which
prohibits any type of restaurant use in the future. Commissioner Deaton asked if it
could be a "bar use." Mr. Whittenberg stated that the language does not prohibit this, so
the language would have to be revised to read as follows:
"Said license shall not allow for a Type 41, 42, 47, or 48 license on said
premises. "
Commissioner Roberts asked if the three days a week for the after hours operations are
floating days or fixed days. Mr. Whittenberg stated that they would be floating
depending upon customer demand for this type of event, but this would be the.
maximum number of days per week allowed. Commissioner Roberts asked whether the
ABC license is an 02 or any of the other types noted, would this mean that children
would not be allowed on the premises. Mr. Whittenberg stated that with an 02 license
children are allowed on the premises.
Commissioner O'Malley asked if the 02 license would be for off site consumption only.
Mr. Whittenberg confirmed that this was correct. Commissioner O'Malley then asked if
wine would be for sale during the after hours operation. Mr. Whittenberg stated that this
would be allowed during the private wine tasting events, but not during the general
business hours.
Chairperson Shanks stated that he saw no mention of live entertainment being
prohibited. Mr. Whittenberg stated that live entertainment would not be permitted
unless specifically allowed.
Public Hearina
Chairperson Shanks opened the public hearing.
The applicant, Wayne Ferris, introduced his partner, Lynne Siemsen, and stated that
their wine store should not be misconstrued to be a bar. He stated that Ms. Siemsen is
a fifth grade school teacher in the Santa Clarita School District and he is an alcohol and
drug abuse counselor. He emphasized that there would never be a drunk individual
walking out of the wine store, as the wine taste servings measure 1 ounce, and would
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City of Seal Beach Planning Commission
Meetmg Mmutes of January 18, 2006
be limited to three 1-ounce servings per customer. He noted that the primary target of
their sales would be to the wedding industry, event planners, corporations, reunion
planners, etc., with only 25 percent of their sales being made to walk-in customers. He
explained that these franchises have been very successful, and for the wine tastings the
store would provide the wine and the customer would provide cheese and crackers, or
such snacks. He noted that these events would be by invitation only for 15-20 people.
He asked that the hours for the private wine tastings be changed from 7:00 - 9:00 p.m.
to 7:00 - 10:00 p.m. and indicated that the wine shop would never be open when St.
Anne's Church holds its Sunday services. He stated that he believes that this will be an
upscale shop that would be an asset to Main Street. He said that after talking with the
ABC, they did indicate that a type 02 license would be most appropriate for the wine
shop. He added that they do not plan to have live entertainment.
Commissioner Ladner noted that the brochure states that the private wine tasting
parties would accommodate a maximum of 15 people. Mr. Ferris stated that they would
like to expand the maximum to allow for 20 people, but if this is a problem, they can limit
the private tastings to 15 attendees. Commissioner Ladner asked how many ounces
are contained in one bottle. Mr. Ferris stated that each bottle will hold 750 milliliters.
Commissioner Ladner asked if any special licensing is required to ship wine out of state.
Mr. Ferris stated that he is not aware of any such requirement. He indicated that if this
CUP were approved, he and Ms. Siemens would be traveling to Michigan to receive
thorough training on all matters related to operating this business.
Commissioner Roberts expressed his concern that as business increases, the applicant
would want to hold the private parties five nights a week rather than just three. Mr.
Ferris assured the PC that three nights a week would be adequate. Commissioner
Roberts asked how many employees would be on site for these parties. Mr. Ferris
stated that 2-3 employees maximum would be needed.
Commissioner Ladner asked what percent alcohol would be in the wines sold. Mr.
Ferris stated that wines would contain 12-15 percent alcohol, depending upon the
recipe. Commissioner Ladner asked what the price of a bottle of wine would be. Mr.
Ferris stated that the price range would begin at $11 - $15 per bottle, with the price for
specialty wines being higher. He noted that the price would be slightly lower for wine
purchased by the case.
Chairperson Shanks asked if only cheese and crackers would be available in the shop
during regular business hours. Mr. Ferris stated that only a limited number of wines
would be made available each day for wine tasting at $5 per three 1-oz. samples. He
indicated that oyster crackers or pieces of chocolate would be made available to
cleanse the palate between tastings. Chairperson Shanks asked about catering for the
private tastings. Mr. Ferris stated that catering would basically consist of small hors
d'oeuvres but no on-site food preparation would be permitted. Commissioner Shanks
then asked how important the change of hours to 7:00 -10:00 p.m. would be. Mr. Ferris
stated that he believes it would be important to allow more time to accommodate all
invited guests. Commissioner Shanks then asked the importance of allowing up to 20
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of January 18, 2006
people rather than 15 at the private wine tastings. Mr. Ferris indicated that this would
be a problem and having a 20-person maximum would better accommodate prospective
chents.
Commissioner Ladner asked how Mr. Ferris would monitor the number of drinks per
individual at the wine tastings. Mr. Ferris stated that he could control this by simply
saying "No." He reiterated that his objective is to focus on the corporate market. Mr.
Whittenberg interjected that the City has standard conditions that require that any
person employed to serve alcohol attend regular training by ABC to help address this
type of issue. He indicated that this has been included under the Conditions of
Approval.
There being no one else wishing to speak, Chairperson Shanks closed the public
hearing.
Commissioner Comments
Chairperson Shanks asked how Staff had decided upon the hours for the private wine
tastings and the limit of 15 guests. Mr. Whittenberg stated that this information was
included with Mr. Ferris' application. He noted that the hours of 7:00 p.m. to 10:00 p.m.
would not be of particular concern, as this CUP would be subject to a 12-month review
Commissioner Deaton asked what the normal closing time is for the various restaurants
along Main Street. Mr. Whittenberg stated that under the terms of the Main Street
Specific Plan (MSSP) closing time is 10:00 p.m. on weeknights and 11 :00 p.m. on
Friday and Saturday nights, with many of the pre-existing uses having a closing time of
11 :00 p.m. on weeknights and 1 :00 a.m. on Friday and Saturday.
Commissioner Roberts commented that this is a unique business that would add to the
diversity of Main Street. He agreed that the 12-month review period would allow the PC
to determine whether the extended operating hours or increased number of attendees
have presented any concerns. He said he would have no objection to approving CUP
06-2.
Chairperson Shanks stated that he would like to see this use approved, and he
recommended accommodating the applicant's requests to allow a maximum of 20
people at the wine tastings and to extend the hours from 7:00 p.m. to 10:00 p.m.
Mr. Whittenberg recommended clarifying the language under Condition No. 1 as to the
types of uses to read as follows:
"Said license shall not allow for a Type 41. 42, 47, or 48 license from the
Department of Alcohol & Beverage Control on said premises. "
MOTION by Shanks; SECOND by Ladner to approve Conditional Use Permit 06-2 and
adopt Resolution 06-5 as amended.
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MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
The Director of Development Services noted that Staff would return with the final
amended Resolution 06-5 for adoption at the Planning Commission meeting of February
8, 2006. He advised that adoption of Resolution No. 06-5 would begin a 10-day
calendar appeal period to the City Council and the Commissioner action would be final
with the appeal period beginning the morning atter adoption.
Mr. Abbe added that the public hearing on this item has been closed and there would be
no additional testimony at the meeting of February 8, 2006.
3. Variance 06-1
318 -14th Street
Applicant/Owner:
Request:
Benny Rapp Jr. I Benny & Paula Rapp
To approve a one-story master bedroom and laundry room
addition to a single-family residence with an existing
nonconforming garage, which has a side setback of 3 feet on
once side, where the Code requires a side setback of 3 feet
9 inches and an existing rear setback of 9 feet 6 inches,
where the Code requires a 12-foot rear setback adjacent to a
12-foot wide alley. The existing garage is also
nonconforming due to interior dimensions less than the
required 19 feet wide by 20 feet deep. The proposed
addition will conform to setback requirements.
Recommendation:
Pleasure of the Commission.
Staff Reoort
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 noting
that the applicant proposes to construct a master bedroom and laundry room to the rear
of an existing single-family residence to connect to an existing nonconforming garage.
She stated that the property comprises 1% lots measuring 37.5 feet wide by 100 feet
deep. The residence currently measures approximately 826 square feet with the
existing garage measuring approximately 324 square feet and the applicant would like
to maintain this garage. She indicated that the garage is nonconforming due to a less
than required side and rear setbacks and less than required interior dimensions. Ms.
Teague noted that the Nonconforming Building and Uses Section of the Code allows for
expansion of existing nonconforming buildings, but specifically states that the garage
setback must conform to the rear alley setback. A design alternative would be to
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Meetmg Mmutes of January 18, 2006
approve demolition of the garage in part or completely in order to move it back, which
would reduce the size of the proposed addition. She stated that the existing garage is
in good condition and the applicant would prefer that it remain as is and has offered to
reduce an existing block wall to make the alley more accessible. She stated that the
Zoning Ordinance requires construction of new fencing or walls to be 5.5 feet from the
rear property line, and the applicant has agreed to do this if VAR 06-1 is approved. She
noted that the Planning Commission has approved other Variance requests to maintain
existing side yard setbacks, but not a rear alley setback since the Nonconforming
Building and Uses Section of the Code was approved in 2004. Ms. Teague then
indicated that Staff has received one letter in opposition to Variance (VAR) 06-1.
Commissioner Questions
Commissioner Ladner asked if the interior garage dimensions conformed to the existing
Code when the home was originally constructed. Mr. Whittenberg stated that Staff is
not certain of the age of the house, but it probably did conform to the existing standards
when it was originally constructed. He indicated that building permits were not required
prior to 1933, so if the home was constructed before then it would have had to conform
to different standards.
Commissioner Deaton stated that she, Mr. Whittenberg, and Ms. Teague had met with
the applicants on their property to discuss this request.
Mr. O'Malley noted that it appears from the photographs presented that most of the
homes in this neighborhood are nonconforming.
Commissioner Deaton asked why this property would be different than the surrounding
properties. Ms. Teague stated that in the Old Town neighborhood lots are typically 100
feet deep and can go up to 117 feet deep with 15 feet alleys. She indicated that this
entire block of homes does have 12-foot alleys behind 100-foot lots, so this home would
not be unusual from any other homes along that block.
Public Hearina
Chairperson Shanks opened the public hearing.
Benny Rapp, Jr. stated that he believes the home was constructed in the 1940's and
has remained the same since then. Commissioner Roberts asked if the residents
routinely park their cars in the garage. Mr. Rapp confirmed that this was correct.
Commissioner Roberts noted that moving the laundry facilities from the garage to the
new addition would provide more space inside the garage. Mr. Rapp stated that he had
measured all of the driveways all the way down the block and they all have a rear
setback of 9 ft. 6 inches. He indicated that they would like to maintain the existing side
yard setback of 3 feet for the new addition.
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There being no one else wishing to speak, Chairperson Shanks closed the public
hearing.
Mr. Whittenberg indicated for the record that a letter in opposition was received from the
owners of the property at 349 - 13th Street.
Commissioner Comments
Commissioner Roberts stated that because there will be more room in the garage when
the laundry facilities are relocated, and the residents always park their cars in the
garage, and will move the block wall back to 5.5 feet from the rear to better
accommodate the use of the alley, he would have no concerns with approving VAR
06-1. He added that he understand the need for caution in granting Variances, but in
this case he believes it would be an undue hardship to reject this request on the
strength of having to reconstruct the garage for 2.5 feet.
Commissioner Deaton stated that the alleyway at this location is very narrow and she
appreciates the homeowner's willingness to move the fence back. She added that
when she visited the site she found the home and garage to be in excellent condition
and well cared for, and both cars were parked inside the garage. She stated that
everything she saw suggested that this Variance should be granted as this would not
detract from what the PC is attempting to do in overall planning.
Member O'Malley stated that by moving the block wall this home would then be more in
compliance than the other homes in the neighborhood.
Chairperson Shanks added that with so many older homes being demolished and larger
homes built in their place, it is nice to see these one-story homes preserved.
MOTION by Deaton; SECOND by Ladner to approve Variance 06-1 and direct Staff to
return with Resolution 06-5 for adoption at the meeting of February 8, 2006.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
The Director of Development Services noted that the public hearing on this item has
been closed and there would be no additional testimony. He indicated that Staff would
return with the final amended Resolution 06-5 for adoption at the Planning Commission
meeting of February 8, 2006. He advised that adoption of Resolution No. 06-5 would
begin a 10-day calendar appeal period to the City Council and the Commissioner action
would be final with the appeal period beginning the morning after adoption.
4. Tentative Parcel Map 2003-251
1910-1920 St. Andrews Drive
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CIty of Seal Beach Planning CommissIon
Meeting Minutes of January 18. 2006
13904-13970 Seal Beach Blvd. (Seal Beach Village Center)
Applicant/Owner:
Request:
Seal Beach Village, LP
To re-subdivide 6.505 acres into three new parcels, including
consolidation and reconfiguration of the existing lot lines
within the property. The new lots meet the subdivision
standard of 7,000 square feet of lot area in Planning District
2, Service Commercial (C-1) Zone.
Recommendation:
Approval and adoption of Resolution 06-8.
Staff Reoort
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 noting
that this subdivision will create a separate lot for the new Carl's Jr. Restaurant that was
constructed in the middle of the parking lot. She indicated that the City Engineer has
reviewed this application and found it to meet all of the subdivision requirements and all
requirements for the Service Commercial (C-1) Zone, Planning District 2, which requires
a lot size of 70 feet wide by 100 feet deep. She then noted that the conditions
recommended by Public Works have been revised and a memorandum showing the
revisions has been distributed to the Planning Commission. Ms. Teague stated that
Staff recommends approval of Tentative Parcel Map 2003-251 and adoption of
Resolution 06-8 as amended.
Public Hearina
Chairperson Shanks opened the public hearing.
Jim Garvin, representative for Huitt-Zollars (HZ), stated that he had prepared the
Tentative Parcel Map representing Burnham USA. He said he would be happy to
respond to any questions from the Planning Commission.
Mr. Whittenberg confirmed that the applicant and Burnham USA are in agreement with
the revised conditions of approval. Mr. Garvin confirmed that this was correct.
Commissioner Roberts inquired if the two driveways near Carl's Jr. are to be replaced
due to deterioration. Ms. Therese Hotvedt, representative for Seal Beach Village,
stated that this was correct. Commissioner Roberts asked if there were a legal reason
for the curb damage or if this had been taken up with the previous condition addressed.
Ms. Hotvedt stated that it had been taken up with the previous condition. She stated
that she met with Ron Brust, consulting engineer for the City, and also with Andy
DaSilva, Associate Engineer, to walk the site and agree to what needs to be done.
There being no one else wishing to speak, Chairperson Shanks closed the public
hearing.
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Meetmg Mmutes of January 18, 2006
MOTION by O'Malley; SECOND by Ladner to approve Tentative Parcel Map 2003-251
and adopt Resolution 06-8 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
Mr. Abbe advised that the adoption of Resolution Nos. 06-8 begins a 10-day calendar
appeal period to the City Council. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
STAFF CONCERNS
None.
COMMISSION CONCERNS
Commissioner Roberts inquired about the Rossmoor Center. Mr. Whittenberg stated
that additional follow up meetings were conducted with the representative of Rossmoor,
and it appears that they are getting close to finalizing a plan; however, they are not yet
ready to present the final plan.
ADJOURNMENT
Chairperson Shanks adjourned the meeting at 8:40 p.m.
Respectfully Submitted,
~A.~0\~~
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on February 8, 2006, approved the Minutes of the Planning
Commission Meeting of Wednesday, January 18, 2006. ~..cL...
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