HomeMy WebLinkAboutPC Min 1984-05-02
Sf
BEACH PLANNING COMMISSION AGEt
City Councll Chambers
211 Elghth Street
Seal Beach, Ca11fornla
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The Seal Beach Plann~ng COlllllUss~on meets ~n sess~on every f~rst and th~rd Wednesday of each
month at 7:30 p.m. If you w~sh to address the Comauss~on on any part~cular publ~c hear~ng
"-.,,,m, .u_ - _nnan w~ll call for publ~c test~mony f~rst for those ~r fav..,z .;,f the proJect,
and second, for those who are not ~n favor. When you see that the speaker' s pos~ t~on ~n the
center of the room ~s unoccup~ed, step up to the mcrophone and when recogn~zed by the
Cha~rman, speak d~rectly ~nto the nucrophone by f~rst stat~ng your name and address clearly
and d~st~nctly for the records State your bus~ness as clearly and succ~nctly as poss~ble
and then wa~t a moment to see ~f the Comauss~oners have any quest~ons ~n regard to your
comments or quest~ons. If there are no other quest~ons or comments, return to your seat
so that the next person may address the COIIIIIUss~on
If you w~sh to address the Co~ss~on on matters other than publ~c hear~ngs, the agenda
prov~des for that t~me when the Cha~rman asks for comments from the publ~c Address the
COIIIIIUss~on ~n the same manner as stated for publ~c hear~ngs, always stat~ng your name and
address f~rst.
MAY 2, 1984
Next Resolut1on #1325
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1. Pledge of A11eg1ance
2. Roll Call
3. Approval of M1nutes of Apr11 4, 1984
4. Pubhc Hear1ngs:
A. CONDITIONAL USE PERMIT 14-83 (Cont. from Apr11 4, 1984) Reso1ut1on #1317
Pac1f1C Coast H1ghway and Bolsa (Seal Beach Center)
A request for approval of a Planned Slgn Program w1th a
47% he1ght dev1at1on from the slgn code for a center
1dent1f1cat1on slgn.
Sect1on: 28-1803
Appl1cant. Coast Property Management
Owner' S. Mark Taper TR. c/o Seal Beach Center
B. ZONING TEXT AMENDMENT 1-84 (Cont. from Apr11 4, 1984) Resolut1on #1321
A request to perm1t M1nor He1ght Var1at1ons of Non-
Hab1table Arch1tectural Features to a maX1mum of seven
feet upon approval of a M1nor He1ght Var1at1on Perm1t
by the Plann1ng Comm1ss1on, after publ1C hear1ng and
wr1tten not1ce of hear1ng to all property owners w1th1n
100 feet of the exter10r boundar1es of the property.
Env1ronmental Rev1ew. Negat1ve Declarat10n 3-84 has
been prepared 1n 11eu of an Env1ronmental Impact Report.
Appl1cant: C1ty of Seal Beach
C CONDITIONAL USE PERMIT 7-84, TINY NAYLOR'S, INC. Resolut1on #1322
A request to upgrade a beer & W1ne Cond1t1onal Use
Perm1t to an On-Sale General (beer, W1ne and d1st1lled
sp1r1ts) Cond1t1onal Use Perm1t 1n conJunct1on w1th an
eX1st1ng restaurant.
Sect1on: 28-1300(6)(A)
Appl1cant: T1ny Naylor's, Inc.
Owner: Seal Beach Center
D. VARIANCE 4-84 MATTHEW M. MIKKELSEN
324 8th STREET
Resolut1on #1323
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A request to allow a front porch add1t1on to a legal non-
conform1ng property w1thout prov1d1ng the requ1red park1ng.
Sect1on: 28-804, 28-2407
Appl1cant: Matthew M. M1kke1sen
Owner: Same
E. VARIANCE 5-84, LARRY H. PARKER Resolut1on #1324
4501 ELDER AVE~UE
A request to dev1ate from the Seal Beach Mun1clpal Code
setback and he1ght requ1rements so to allow a n1ne foot
h1gh screen p1ant1ng structure.
Sect1on: 28-401(2)b, 28-2316, 28-278
Appl1cant: Larry H. Parker
Owner: Same
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AGENDA
May 2. 1984
Page 2
F. CONDITIONAL USE PERMIT 8-84
STAN ANDERSON & RItHARD D GRACE
1025 PACIFIC COAST HIGHWAY lSEAL BEACH CENTER)
Resolutlon #1326
A request for an on-sale beer and Wlne 1lcense In conJunctlon
wlth a new restaurant
Sectlon 28-1300 (6) la)
Appllcant Stan Anderson & Rlchard D Grace
Owner S Mark Taper TR c/o Seal Beach Center
G. VARIANCE 6-84 GREGORY M. SHAFFER
328 12th Street
Resolutlon #1325
A request to allow a maJor two-story addltlon to a legal
non-conformlng property wlthout provldlng the requlred
parklng
Sectlon 28-804, 28-2407
Appllcant Gregory M Shaffer
Owner Same
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5 Archltectural Revlew 4-83
83 Rl versea Road
lConlntued from March 21. 1984 meetlng)
Appllcant Norman C. Brent
6 Archltectural Revlew 3-84
69 R1Versea Road
lContlnued from Aprl1 4. 1984 meetlng)
Appllcant John Jacobs
7. Commlsslon Requests
8 Oral Communlcatlons
9. Commlsslon Communlcatlons
10. Report from Secretary
11 AdJournment
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MINUTES OF THE SEAL BEACH PLANNING COMMISSION
MEETING OF MAY 2, 1984
The Planning Ccmnisslon met 10 regular session on Wednesday, May 2, 1984
in the CouncIl Chambers of the City Adm1Olstratlon Building. The meeting
was called to order at 7: 35 p.m. and the pledge of allegiance was led
by CommIssIoner Jessner.
ROLL CALL
Present:
ChaIrman Goldenberg
Ccmnlssloners Covington, Hunt, Jessner, and Perrin
Absent:
Also present:
None
John Baucke, PrIncipal Planner
Allen Parker, City Manager
Michael Jenk1Os, CIty Attorney
COMMISSION MINUTES OF APRIL 4, 1984
CommIssIoner COVIngton moved to waIve approval of mInutes untIl May 16,
1984 when the Canmlsslon could have tIme to reVIew than. Jessner seconds.
AYES:
NOES:
ABSTAIN:
Cov1Ogton, Goldenberg, Hunt, Jessner
None
Pernn
ChaIrman Goldenberg stated that Itan B would be taken after Itan G and
Itan 0 would be heard after Itan F.
A. CONDITIONAL USE PERMIT 14-83
Request was for approval of a Planned SIgn Program WIth a 47% heIght deVIatIon
fram the sign code for a center IdentificatIon SIgn. Staff report was
presented and It was found that no new proposals have been sumlltted,
therefore recommendatIon was for denIal WIthout prejudIce by adoptIon
of ResolutIon #1317.
Publ1c heanng was opened - no one spoke 10 favor nor In OppoSl tlon _
publIC hearIng was then closed.
Resolution No. 1317
CommIssIoner CoVIngton moved to adopt ResolutIon #1317 to deny without
prejudIce; Jessner seconds.
AYES:
NOES:
ABSTAIN:
Cov1Ogton, Goldenberg, Hunt, Jessner
None
PerrIn MotIon CarrIed
Co CondItIonal Use PermIt 7-84, TIny Naylor's, Inc.
Request was to upgrade beer and WIne CondItIonal Use PermIt to an On-Sale
General (beer, WIne and dIstIlled spirits) CondItIonal Use PermIt in conJunctIon
WIth an existIng restaurant in the Seal Beach Center.
Staff report presented IndIcatIng that restaurant would be open 24 hours
per day, seven days per 'N'eek. Recomnendatlon was for approval WIth fIve
SPeCIfIC condItions to be applIed.
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May 2, 1984
Page 2
Publ1c heanng opened - no one spoke In favor, nor In opposItion - public
heanng closed.
Jessner requested the appl1cant to respond to need for canpl1ance WI th
CIty'S SIgn Ordmance. Mr. Jack Dunn, Facll1tles Manager for TIny Naylor's,
stated that It was known that the present sign would need to be removed
and that the restaurant fully Intends to canply wIth our Ordmance. Mr.
Dunn stated he has not recently been approached by Coast Management Property
regardmg need for implementatIon of full SIgn Program. An arch 1 teet
has already been engaged to cane up WIth a SIgn that will be sUItable
for the Center. Mr. Jessner IndIcated that contact should be made WIth
Coast Property Management so that a full Planned SIgn Program can be implemented.
CommIssIoner COVIngton expressed concern that those serVIng alcoholIC
beverages could be under age. After discussIon, Covmgton moved to contInue
the publIC hearIng untIl May 16, 1984 to allow CIty Attorney to reVIew
whether or not It IS appropnate for persons serving alcohol1c beverages
be under 21 years of age, Pernn seconds.
AYES:
NOES:
ABSTAIN:
Covmgton, Goldenberg, Jessner, Pernn
None
Hunt Motion CarrIed
E. v.ARIANCE 5-84,
Request was to deVIate from the code WI th regard to setback and heIght
requIrements to allow a nIne foot high screen plantIng structure at 45-
01 Elder Avenue.
Staff report presented. Reccmnendatlon was for denIal for eIght l1sted
reasons.
Public heanng opened.
John Moleno, 5929 PaCIfIc Coast Highway, representative of applIcant,
asked that Charles Antos give his InterpretatIon of the ordInance as he
was Instrumental In the draftIng of that partIcular ordInance.
Charles Antos, 316 10th Street, felt that the structure should be considered
a trellIs rather than a fence. He stated that the ordinance was drafted
to control sIde VIews rather than to control plant growth.
Mr. Moleno further stated that Mr. Parker orally asked hIS neIghbor's
permIssIon before constructIon. He further stated that Mr. Parker has
a nght to pn vacy SInce he IS surrounded by 2-story hanes.
Butch Jarr, landscape archItect who constructed the planting structure
along WIth deSIgning the Parker backyard, stated that to deny the vanance
would be to deprIve Mr. Parker of priVIleges that hIS neighbors currently
enjoy. He further stated that as an attorney, Parker IS coznizant of
lIabilItIes SInce he has a JaCUZZI and pool In hIS backyard whICh should
be shIelded as an "attractIve nUIsance" from chIldren.
May 2, 1984
Page 3
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The CommIssIon dISCUSsed design of backyard WIth the landscape desIgner,
In partIcular the block wall fence, close proxImIty of neIghbors, the
support pilasters for the plantIng structure, WInd force to that plant
structure and the probabilIty that the wall to which the plant structure
was attached could likely blow down in the event of a strong gale force
WInd, and whether It was possIble to put plantlngs near the wall
but not attached to It
Mr. James Schnapp, 4509 Elder Avenue spoke for his famIly and on behalf
of same of hIS neIghbors In OpposItIon to the planting structure. Stated
that the structure devalued surrounding property, felt that neIghbors
were mIsled as to exactly what the structure would be when bUIlt. Since
most of the neIghbors have pools there should be no problem of lIattractIve
nUIsancell.
Robert Campbell, 4489 Elder Avenue, stated that he was sPeCIfically told
the structure would be a couple of feet and that it would be nIce. Tl'us
structure, he felt, resembled a concentratIon camp, WIth steel rods a
foot from the fence and WIres attached to the top.
PublIC hearIng closed.
ResolutIon No. 1324
CammIsIoner CovIngton moved to deny Variance 5-84; Perrin seconds.
It
AYES:
NOES:
COVIngton, Goldenberg, Hunt, Jessner and Pernn
None Motion CarrIed
F. ConditIonal Use PermIt 8-84, Seal Beach Center
Requests an on-sale beer and wine lIcense In conjunctIon WIth a new restaurant
located at 1025 PacIfic Coast Highway In the Seal Beach Center.
Staff report was presented WI th the recomnendatIon of approval WI th fIve
condItIons placed on that approval.
Public hearIng opened - no one spoke In favor, nor in OpposItIon - PUblIC
hearIng closed.
Resolution No. 1326
CcmnIssioner CovIngton moved to approve the resolutIon WIth the condition
that the Chairman be authorIzed to sign Res. #1326 upon the receipt of
a no objectIon response fram the Police ChIef.
AYES:
NOES:
Covington, Goldenberg, Hunt, Jessner, Perrin
None Motion Carried
RECESS - 9:35 p.m.
Reconvened at 9:50 p.m.
ChaIrman Goldenberg Introduced the new PlannIng CommiSSIoner from District
5, Mr. Joseph Hunt.
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D. Vanance 4-84
Request to allow a front porch addItlon to a legal nonconformIng proprty
WIthout providIng the requIred parking at 324 8th Street.
P.C. Mtg. MAY 2, 1984
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Page 4
Staff report presented 1nd1cat1ng that appl1cant had appl1ed for and received
a buildmg permit for an add 1 tlon of a new front "porch" from the BU1ld1ng
Department. Smce the BU1ldmg Department d1d not route the application
to the Plann1ng Department, 1t was not noted that an addit10n was made
to a nonconform1ng property unt1l the Pr1nc1pal Planner made an 1nspect1on
and subsquently placed a "Stop Work Notlce" on the constructlon. At that
t1me the appl1cant appl1ed for a var1ance to approve the partially constructed
front "porch" add1t1on W1thOUt prov1dmg the requued parkmg.
Camm1ss1on d1SCUSSed poss1bl1ty of sett1ng precedent by grant1ng th1S
vanance. C1ty attorney stated that each case must be taken separately;
there would be no cause for sett1ng precedent.
Publ1c heanng opened.
Mart1n M1kklesen, represented h1S son, the appl1cant, who was out of town.
He stated that the reason for the porch was that the onginal porch was
so small that they could not keep ra1n and dust off the porch.
J1m G1lkerson, 1011 Electr1c Avenue, stated that when the or1g1nal policy
statement was drafted, the mtent was just for such projects as th1S one.
L. Godfrey, 3208 8th Street, as a ne1ghbor of applicant would be happy
when construct1on 1S f1n1shed as 1t w1ll 1mprove the looks of the property.
. No one spoke 1n Oppos1t1on - publ1C hearing closed.
Camm1ss1on d1scuSSed denY1ng var1ance W1th reason not to set precedent
and forwardmg to C1ty Counc1l to address. C1ty Attorney stated that
1t makes no d1fference whether Council of Camm1ss1on grants the variance.
A fourth cond1t1on was added to the variance wh1Ch states "that not only
1S the porch add1t1on mmor, but it also has no impact on the parking
requuements for that part1cular lot."
Resolut1on No. 1323
Camm1ss1oner Cov1ngton moved to approve Var1ance 4-84 W1th the addit10n
of the fourth cond1t1on as stated above; Pernn seconds
AYES:
NOES:
Covmgton, Goldenberg, Hunt, Jessner, Pernn
None Motlon Carned
G. Vanance 6-84
Request to allow a major two-story add1tion to a legal nonconforming property
w1thOUt prov1d1ng the requ1red park1ng at 328 12th Street.
Staff report presented. Recomnendation was to deny vanance for mne
stated reasons, one of Wh1Ch 1S that the proposal as des1gned could eas1ly
be converted 1nto an addit10nal rental un1t.
. Publ1c heanng opened.
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P.C. Mtg. MAY 2, 1984
Page 5
Gregory Shaffer, applicant, objected to allegations that he m1srepresented
the property. He stated that he proposed to bU1ld a two-car garage and
bathroom addit10n to the un1t he occup1es. He stated that the contractor's
perm1t runner filled out the buildmg perm1t Wh1Ch stated "SFD".
Comm1ss1on d1SCUSSed possib1l1ty of an illegal unit, and the fact that
contractor d1d not bU1ld accordmg to plans. Cha1rman stated that th1S
must be dealt with on the baS1S of code and sPec1fic information that
the Ccmniss10n has before them. Mr. Shaffer stated that he felt his case
was unique in that 1t went through 4-1/2 months of construct1on before
stop work notice was 1SSUed.
Bruce Stark, 204 Ocean Avenue, stated that with all the park1ng problems,
th1S applicant 1S plann1ng to bU1ld a 2-car garage, and Ccmn1ssion should
cons1der that aspect. Also, appl1cant will be upgradmg th1s property,
and unless parkmg requIrements can be waived, no property owner will
be able to upgrade.
Frank Rollo, 330 12th Street, stated that the add1tion of a two-car garage
w1ll elimmate two cars from the street, and 1S an asset to the C1ty.
OPPOSITION
J1m G1lkerson, 1011 Electr1c, stated that he never at any t1me saw approval
of plans W1th penc1l markmgs on 1t, you can end up W1th anyth1ng and
if the contractor does not bU1ld accordmg to the plans, that 1S up to
the contractor, not the Bu1ld1ng Inspector.
Publ1C hear1ng closed.
Recess
Carm1ss1oner Perr1n asked for an execut1ve session, but Slnce there were
not the requIred number of C0IlIn1ssioners, meet1ng was recessed at 11:20
p.m. Meeting reconvened at 11:30 p.m.
Cha1rman Goldenberg expressed or1g1nal intent of additions to nonconform1ng
bU1dings and the background wh1Ch brought about that policy.
Publ1c hear mg reopened.
Comm1ssioner Perr1n asked why resident1al was placed on the or1g1nal build1ng
perm1 ts. Mr. Shaffer repl1ed that this was h1S place of res1dence. Mr .
Pernn asked what Mr. Shaffer's occupation was, to Wh1Ch he repl1ed that
he is a city planner.
Jern West, 1201 Electnc, stated that she felt the appl1cant by VIrtue
of h1S occupation knew what he was d01ng in f1lling out a build1ng perm1t
as resident1al when 1t was really income property.
Publ1C hear1ng closed.
Resolut1on No. 1325
Comm1ss1oner Perr1n moved to deny Variance 6-84 for all of the reasons
stated; Covmgton seconds.
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May 2, 1984
Page 6
AYES:
NOES:
Covington, Goldenberg, Hunt, Jessner, Perrin.
None Mot10n Carr1ed
Mr. Greg Shaffer spec1f1cally requested that flIes and plans be secured
by the City Manager and the C1ty Attorney.
B. ZonlOg Text Amendment 1-84
Request was to permit M1nor He1ght Variant10ns of Non-Hab1table Arch1tctural
Features to a maXllnum of seven feet upon approval of a M1nor Height Var1ation
Perm1t by the Plann1ng Comm1ss10n, after public hear1ng process.
Staff report presented.
It was decided that the stIpulat10n of not1cing property owners 1n the
negat1ve declaration be changed from "100" feet to "300" feet.
Publ1c hearing opened.
Pete Arnold, 1613 Seal Way, stated that he attended the April 4th hearing
and expressed h1S agreement that th1S change would lend flex1bil1ty and
creativity to bU1ld1ng des1gn.
Jlln Watson, 101 MalO Street, SU1te A, stated that if this amendment 1S
passed he would llke to add a dome to h1S build1ng that would extend 4
ft. above l1m1t. He agreed with Mr. Arnold 1n that the Ccmlllssion could
rev1ew each case on 1tS own mer1ts and 1t w1ll develop arch1tectural llnprovernents
which w1ll be an asset to the ccmnun1ty.
No one spoke 1n Oppos1t10n - publ1C hear1ng closed.
Comm1ssioner Jessner moved to adopt Negat1ve Declarat10n 4-84 with the
change 1n not1c1ng property owners to w1th1n 300 feet, rather than 100
feet; CovlOgton seconds.
AYES:
NOES:
CovlOgton, Goldenberg, Hunt, Jessner, Perr1n
None Mot10n Carried
Resolut10n No. 1321
Comn1ssioner CovlOgton moved to adopt resolution; Pernn seconds.
AYES:
NOES:
Cov1ngton, Goldenberg, Hunt, Jessner and Pernn
None Mot10n Carr1ed
AOCHITECTURAL REVIEWS RE 'lWO-STORY CABANAS
Staff 1ndicated that after meet1ng W1th the State, it was determ1ned that
a local goverrnnent may NOT: (1) require a cabana be bU1lt 1n such a manner
that the mob1le home may be moved after the construct10n of the cabana,
or (2) establ1sh floor space lllnitat10ns or rat10s by local ord1nance
of the Slze of a cabana.
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Page 7
Chairman asked If CIty Attorney agreed WIth the results of the letter
from HCD. CIty Attorney repl1ed that the State has taken a very adamant
posi tlon on thIS matter. The CIty Manager stated that the eXIstIng law
never contemplated a two-story cabana. It is our attorney's opInIon there
IS a chance that they could challenge the State law. He further stated
that he IS not go1Og to recomnend that posItion to CouncIl and become
a test case. The State governs every area deal10g WIth housIng and he
dId not thInk It would be In the CIty'S best Interest to challenge them.
The PlannIng CommIssIon IS sImply lImIted to archItectural reVIew.
ArchItectural ReVIew 4-83
Request was for architectural reVIew of two-story cabana at 83 Rlversea
Road. (ContInued from March 21, 1984 meetIng)
Staff report presented and recommendation was to approve with one condItion.
CommIssioner Jessner moved to approve the archItectural reVIew WIth the
stIpulation that the two dormers above 2fiJ' WIll be removed; Hunt seconds.
AYES:
NOES:
Covington, Goldenberg, Hunt, Jessner
Perrin MotIon CarrIed
ArchItectural ReVIew 3-84
Request for archItectural review of two -story cabana located at 69 Riversea
Road. (ContInued from April 4, 1984 meetIng)
Staff report presented; recommendation for approval.
Camnissloner Jessner moved to approve; Covington seconds.
AYES:
NOES:
Cov1Ogton, Goldenberg, Hunt, Jessner
Perrin MotIon Carried
Meeting adjourned at 12:45 p.m.
dXl. ~,~
Recoro1ll9 Secre~ . " -