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HomeMy WebLinkAboutPC Min 1984-08-15 SEAL .CH PLANNING COMMISSION AGENDA City Councl1 Chambers 211 Elghth Street Seal Beach, Callfornla . The Seal Beach Plann~ng Comlluss~on meets ~n sess~on every f~rst and th:J.rd Wednesday of each month at 7 30 p.m. If you w~sh to address the Comm~ss~on on any part~cular publ~c hear~ng ~tem, the Cha~"ilian I. -J c~l~ for publ~c tes~~mony :.r_. :Jz _s~ ~ fa,_~ of 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 nucrophone and when recogn~zed by the Cha~rman, speak d~rectly :J.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 Co~ss~oners have any quest~ons ~n regard to your comments or quest~ons If there are no other quest:J.ons or comments, return to your seat so that the next person may address the C01l/lllJ.ss~on If you w~sh to address the C01l/lllJ.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 C01l/lllJ.ss~on ~n the same manner as stated for publ~c hear~ngs, always stat~ng your name and address f~rst AUGUST 15, 1984 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. APPROVAL OF MINUTES OF AUGUST 1, 1984 4. PUBLIC HEARINGS NEXT RESOLUTION #1340 A. Varlance 3-84 John & Mary Szcerban 1105 & 1107 Seal Way Resolutlon #1318 . A request for a maJor addltlon to two legal nonconformlng duplexes, wlthout provldlng the requlred S1ze, type and form of parklng (resubmlttal from May 16, 1984). Appllcant: Property Owner: John & Mary Loulse Szcerban Same B. Condltlonal Use Permlt 11-84 North Chlna ~James Wang) 500 Paclflc oast Hlghway, SUlte 100 A request for on-sale beer and Wlne In conJunctlon wlth a new restaurant. Resolutlon #1336 Apphcant/Agent: Buslness Owner: Property Owner: Marty Cram James K. Wang James Watson C. Condltlonal Use Permlt 14-84 The Southland Corporatlon (7-11) 1200 PaclflC Coast Hlghway A request for off-sale beer and Wlne In conJunctlon wlth an eXlstlng convenlence store. Resolutlon #1337 Appl1cant: Property Owner: The Southland Corporatlon S1gnal Realty Company . D. Varlance 7-84 Dan A. Newklrk 3580 Teaberry Clrcle A request to devlate from the requlred rear yard (10') setback by flve (5) feet Resolutlon #1338 Appl1cant: Property Owner: Dan A. Newklrk Same . E. Varlance 8-84 Robert G. and Gay G. Snyder 212 3rd Street Reso1utlon #1339 A request to devlate from the requlred garage wldth by S1X (6) feet. Appllcant: Robert G. and Gay G. Snyder Property Owner: Same 5. COMMISSION REQUESTS 6. ORAL COMMUNICATIONS 7. COMMISSION COMMUNICATIONS 8. REPORT FROM SECRETARY 9. ADJOURNMENT . . 'it Seal Beach, California August 15, 1984 The Seal Beach Planning Commission met in regular session at 7:30 p.m. with Chairman Jessner call1ng the meeting to order. Commissioner Perrin lead the Salute to the Flag. ROLL CALL Present: Chairman Jessner Commissioners Covington, Goldenberg, Hunt, Perrin e e Absent: None Also present: Mr. Baucke, Director of Development Services Mrs. Yeo, City Clerk APPROVAL OF MINUTES Perrin moved, second by Covington, to approve the minutes of the August 1, 1984 regular meeting. AYES: NOES: ABSTAIN: Covington, Jessner, Perrin None Goldenberg, Hunt Motion carried PUBLIC HEARING - VARIANCE 3-84 - 1105 & 1107 OCEAN AVENUE - SZCERBAN The Commission Secretary, Mr. Baucke, presented the staff report relating to Variance 3-84, a request by applicants John & Mary Louise Szcerban for a maJor addition to two legal nonconforming duplexes without providing the requlred size, type and form of parklng. The Secretary reviewed the facts and previous actions relating to the subJect property, reporting that the applicants have requested approval of the use of tandem parking, compact parking, less than the required covered parking and two open uncovered compact spaces in tandem in the area separating the two carports, one to overhang into the requlred rearyard setback by four feet. Mr. Baucke reviewed certain provisions and requirements of the Municipal Code, reported the findings of staff research showing approximately fiftyfive percent of the cars on Southern California roadways are standard size, with forty-five percent being compacts, reviewed the dimensions of 1982-1984 manufactured cars, noting that this information was obtained from the April issue of Consumer Report. The Secretary noted that after review of City records it was found that no compact spaces have been allowed in small residential projects similar to the subject proposal, expressed staff concern with the proposed overhang of parking into the rearyard nine foot setback as it relates to safety, the precedent that may be set by encroachment into the nine foot setback which is required to provide adequate turning radius, additionally that the staff feels all spaces should be covered as required by the Code, preferably by a garage. The Secretary also expressed concern that the second story addition over the proposed garage, with the access from an exterior Page Two - Planning Commission Minutes - August 15, 1984 e stairway, the additlon of a wet bar and associated plumbing, bath, wa1k- in closet and washer/dryer area, could, at a future time, be converted into a third unit. Mr. Baucke stated the staff therefore requests the Planning Commission to direct the applicant to modify the proposal as follows: 1) that both carports be incorporated into one parking structure, preferably a garage, the parking area to be fifty-four feet wide, having four, nine foot by twenty foot, spaces in the middle bounded by two spaces of standard size in tandem located on the east side of 1107 Seal Way and two spaces in tandem on the west side of 1105 Seal Way; 2) that the exterior stairs to the second story be deleted; and 3) that a deed restriction be placed on the titles of the two properties stating that these two properties are developed as a unit and shall not be transferred, assigned or conveyance made in any separate manner, subJect to approval of the City Attorney, and that Variance 3-84 be contlnued until a time such changes are made. Chalrman Jessner declared the public hearing open. Mr. Charles Antos, 316 - 10th Street, speaking on behalf of the applicants, requested continuance of the Variance request ln order to make the modifications as recommended by staff. Mr. Antos stated that Mr. Sczerban was interested in retaining the secondary stair to the addition for emergency access, however, recognizing staff's concern, the applicant's intent is to look lnto life ladders for emergency exit purposes. Mr. Antos acknowledged that the next regular meeting would be adequate time for the architect to make the changes, deleting the stairway and adjusting the parking to six standard and two compact spaces. It was clarified that each of the parking spaces required are of standard S1ze, also that a carport would quallfy as a parking structure under the terms of the Code, however it is felt a garage would be more appropriate. With regard to the nine foot setback, staff explained that because of the need for the turning radius, the encroachment into the setback is not warranted and would be a detriment to the property owner and the neighbors backing lnto the alley. Commissioner Covington requested that when this matter is next considered, that the staff provide written findings as to why the proposed modifications now satisfy the six elements that had been a basis for denial as set forth in Resolution 1318. There were no other communicatlons for or against this matter; Chairman Jessner declared the public hearing closed. Covington moved, second by Goldenberg, to contlnue consideration of Variance 3-84 until the September 5th regular meeting. e AYES: NOES: Covington, Goldenberg, Hunt, Jessner, Perrin None Motion carried PUBLIC HEARING - CONDITIONAL USE PERMIT 11-84 - 500 PACIFIC COAST HIGHWAY - NORTH CHINA RESTAURANT The Secretary reported that the request for a Condltlona1 Use Permit submitted by the applicant, James K. Wang, is to allow on-sale beer and wine to complement the proposed menu at the new North China restaurant located at 500 Paciflc Coast Highway (Bay City Center), noting the proposed hours of operation are 11:00 a.m. to 10:00 p.m., that all alcohol sold e e e e Page Three - Planning Commission Minutes - August 15, 1984 will be consumed on the premises, that there are no schools located with1n six hundred feet, however the Church of Religious Science is located approximately three hundred sixty feet from the subject location. Mr. Baucke stated that staff's feeling is that the request is compatible with the surrounding land uses and zoning, and will have no adverse impact on the community, and that similar uses in the Center have not had negative responses from inquiries of the Police Department. He stated the staff would recommend approval of Conditional Use Permit 11-84 with the following conditions: 1) that all alcoholic beverages shall be consumed entirely within the building; 2) that the applicant shall comply with all restrictions placed on the ABC license by the State Department of Alcoholic Beverage Control; 3) there shall be no alcoholic beverage advertising display devices located in the window areas; 4) the CUP issued 1S non- transferable; 5) that the CUP be reviewed by staff at the end of one year; and 6) that there be no sale of alcoholic beverages after 10:00 p.m., and recommended adoption of Resolution Number 1336. Chairman Jessner declared the public hearing open. Mr. Jim Gilkerson, 1011 Electr1c Avenue, referred to a report he had obtained from the Alcoholic Beverage Control showing twenty-two on-sale beer and wine licenses in the downtown area, stating this is two and one-half times the ABC recommended number of eight for this census tract. He mentioned that the City of Long Beach has now implemented a CUP process for beer, wine and liquor licenses, and suggested that Seal Beach consider placing a cap on the number of such licenses allowed. The Chairman responded that it was his understanding that the action taken by Long Beach dealt with licenses for liquor stores more so than restaurants, considering each on its own merit. Commissioner Covington referred to the referenced figures of census tract 995.05, noting that in the Safeway shopping area, census tract 995.04 with a population of 2820, two on and two off-sale sites exist, where eight on-sale and five off-sale are allowable. He stated that since the two tracts border a major arterial it would seem appropriate therefore to combine the two, with a population of approximately nine thousand, and by State recommended standards twelve on-sale and seven to eight off-sale sites could be expected, however noted that in fact, twenty-two on-sale and ten off-sale sites currently exist. Commissioner Goldenberg questioned who would be charged with the responsibility of determinlng what the maximum number of licenses would be and the development of guidelines for the issuance of alcoholic beverage permits, suggesting it may be in order to recommend to the City Council that a task force be appointed to investigate limitation of the sale of alcoholic beverages in terms of CUP's, noting that it would be unfair to potential businesses intending to offer beer and wine to not be aware of City limitations. With regard to a procedure for establishing guidelines, the Secretary explained this would be a Planning oriented matter, that the establishment of a task force and appointments thereto would be within the parameter of the City Council followed by a Council ordinance, however if deemed to be a policy matter, the Planning Commission could establish same by resolution. There were no other communications; Chairman Jessner declared the public hearing closed. Page Four - Planning Commission Minutes - August 15, 1984 e Commission discusslon continued relating to establishing guidelines for beer and wine permits, and that relationship to the subJect Conditional Use Permit request, with a suggestion being made that the staff not accept any new CUP requests for alcoholic beverages, that the Planning Commission's action be publicized so that persons intending to enter a restaurant business with the sale of alcoholic beverages will be aware that consideration of limiting such permits may be undertaken within the next three to four months, and that the subJect CUP be considered separately at this time. Goldenberg moved, second by Hunt, to approve Resolution Number 1336 entltled "A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 11-84 FOR ON-SALE BEER AND WINE: JAMES K. WANG, 500 PACIFIC COAST HIGHWAY, SUITE 100 (BAY CITY CENTER)." Commissioner Covlngton cited the difference between consumption of beer and wine in conjunction with food versus off-sale, noting that it would be unfair to hold thlS applicant in abeyance until specific guidelines are established, however stated his intent to abstain from voting on this matter. AYES: NOES: ABSTAIN: Goldenberg, Hunt, Jessner, Perrin None Covington Motion carried e In response to the Commission, Mr. Baucke explained that a bar area would be allowed under a beer and wine CUP for a restaurant, also that a restaurant could not change its primary function to a bar without Jeopardizing the ABC permit since it must remain a public eating place, therefore should that occur it would be a matter of determination as to whether or not the business would continue to qualify under the permit originally issued. The Commission discussed adding a condition to Resolution Number 1336 to restrict the use under the CUP to not allow the addition of a lounge or bar. Goldenberg moved, second by Covington, to reconsider Resolution Number 1336. AYES: NOES: Covington, Goldenberg, Jessner, Perrin Hunt Motion carried RECONSIDERATION OF RESOLUTION NUMBER 1336 Commissioner Goldenberg moved to add an eighth condition to Resolution Number 1336 to read "that there shall be no expansion of facilities within the premises that will allow the sale of alcoholic beverages in any area outside the restaurant seating.11 Noting that similar existing bUSlnesses do not have such a regulation, Commissioner Hunt cautioned that at some time in the future a desirable restaurant may submit a similar request and would be reJected based upon this action, mading reference to the Downtown Revitalization Plan, the intent of which is to stimulate investment in the City. Discussion followed. Mr. Goldenberg withdrew his motion and rephrased same to read "that no separate facility be provided for the serving of alcoholic beverages different from that presented in the application.H Mr. Perrin seconded the motion. . AYES: NOES: Covington, Goldenberg, Hunt, Jessner, Perrin None Motion carried . e - Page Five - Planning Commission Minutes - August 15, 1984 Goldenberg moved, second by Perrin, to adopt Resolution Number 1336 as amended. AYES: NOES: ABSTAIN: Goldenberg, Hunt, Jessner, Perrin None Covington Motion carried PUBLIC HEARING - CONDITIONAL USE PERMIT 14-84 - SOUTHLAND CORPORATION ~7-E~EVE~ STORE) - ~2~0 PA~I~IC COASt HI~H~~Y r. auc e presente he s a f repor re a 1ng to.a Conditional Use Perm1t request submitted by the applicant, Southland Corporation, for off-sale beer and wine in conjunction with an existing convenience store (7-Eleven). The D1rector reviewed the facts and background of the subject property, as well as the circumstances for continuance of the CUP considerations in 1982 and 1983 pending the results of an election to unify the Seal Beach and Los Alamitos School Districts, and a determination as to the future use of the Zoeter School site. Mr. Baucke reported that on July 18, 1984 the Southland Corporation submitted a new application for on- sale beer and wine, that the fees for that app11cation had been waived, and that the applicant has notified the surrounding property owners of their intent. He stated that the Police Department had been contacted relative to the application and they had stated that if the Zoeter School remains closed, the Department would have no objections to the issuance of the off-sale beer and wine license, and that their position relative to the preschool is the same as the school being closed due to parental and teacher continual supervision. Mr. Baucke reported that ABC's definition of a school is Kindergarten through 12th grade, and that their position is the same as that of the Police Department. Mr. Baucke read a memorandum from the City Manager, which, in summary, reported that the Zoeter site is surplus and that negotiations have begun to lease and/or acquire the site, concluding that the site will not be reused as an educational facility. Mr. Baucke stated that staff had looked at whether or not the application for off-sale would have a significant impact or be harmful to the neighboring community versus the existing twenty-four hour operation, and had determined there would not be a significant change except for a possible increase of patrons prior to 2:00 a.m., therefore staff would recommend approval of the CUP for the following reasons: 1) that the school is closed and will be put to non- educational use; 2) that the Police Department has no objection to the application; and 3) that staff has received numerous inquiries as to why this 7-Eleven does not sell beer and wine and requests from ne1ghbors that such a license be issued, therefore, action to approve to be by proposed Resolution Number 1337. The Commission questioned the Police Department statement that they would have no obJection to the issuance of the license if the closure of the school is permanent, noting previous objections based upon crime reported in that district four hundred percent higher than other districts in the City and the sUbJect location being adJacent to a residential area and across from two other stores that sell beer and wine, that were no longer addressed by the Police Department. In response to the Commission, the Secretary explained the provisions Page Six - Planning Commission Minutes - August 15, 1984 e e of ABC rules 61.3 and 61.4 under which the ABC reviews applications, dealing with notificatlon of residents, proximity to hospitals, parks, churches, schools, etc., crime statistics, and area of concentration. He noted that the ABC tends to lean closely to the attitude of local government, particularly the opinion of the Police Department, in their consideration of applications. Mr. Baucke confirmed that the statistics of the 1983 crime report showed an average of 138 crlmes and arrests, 553 reported for District 7, noting that a high crime figure would be 166 or twenty percent above the City average. He explained that the Police Department concurred with the numbers to some degree, however stated that due to Leisure World with its own security and low crime districts, the numbers were somewhat overstated. Commissioner Covington stated he felt it would be appropriate to have a new response from the Police Chief addressing the issues set forth in the Chief's February 11, 1982 letter, additionally the current percentage of crime in the 7th District versus the average for the City for the most recent reporting period, that an average of the districts be obtained other than Leisure World as well as the County average. Chairman Jessner declared the public hearing open. Mr. Lew Corbo, Southland Corporation, 1240 State College Boulevard, Anaheim, expressed concurrence with the staff report, and referred to the application made two years prior for a Type 20 license for the sale of beer and wine to compliment the existing convenience store, noting that continuation of the matter had been requested at that time pending a determination of the use of Zoeter School, which has now been resolved, and in addition, the Police Department has now withdrawn its objection to issuance of the license. He stated a meeting has been held with the ABC regarding the application, referred to the customary extensive investigative process of that agency, and stated that beer and wine availability would compliment their sales, satisfy the needs of their customers as well as be of economic benefit. Mr. Corbo stated the beer and wine constitutes between sixteen and twenty percent of the sales for this type of business depending upon the unit, however is not a major portion of sales. Additionally, he stated he did not feel the sale of beer and wine would impact the area. and presented a petition containing 325 signatures of customers requesting the addition of beer and wine to this store. The Commission inquired as to how many 7-Eleven Stores there are in Orange and Los Angeles Counties, what number sell beer and wine. the burglary rate for those stores overall. as well as for the stores that sell beer and wine. Mr. Corbo responded that there are approximately 350 to 375 stores in Orange and Los Angeles Counties, fifteen to sixteen that do not sell beer and wine. and stated he did not have the figures as to the actual percentage of crimes, however offered to obtain that statistical information for the Commission. Mr. Corbo explained that they try to work closely with the ABC in order to comply with their restrictions. noting severe penalties and fines for non-compliance, and reported that of the sixteen stores that did not have beer and wine. they were allowed to obtain a license after a one- year period. The Chairman inquired how many of the Orange/Los Angeles County stores have a liquor license. Mr. Corbo responded that there e Page Seven - Planning Commission ~1inutes - August 15, 1984 e are approximately ten to twelve in Los Angles area with a Type 21 license, explaining that their typical operation does not include the sale of liquor, noted the significant difference in the cost of a Type 20 versus a Type 21 license, and stated there is no intent to obtain a Type 21 license for this location at any future date. Mr. Corbo added that prior to opening a Store an extensive survey is conducted taking into account the number of competitors in the area, the type of stores, hours of operation, traffic, etc., noting that the present location has been operational for four years on a twenty-hour per day basis. Mr. Roger Grover introduced himself as the franchlsee of the store located at 1200 Pacific Coast Highway, stated he had been at the store for approximately one year, and is a member of community organizations. Mr. Grover reported twenty to thirty customers per day inqulre as to beer and wine sales, stated there have been no problems at the store, added that the preschool has no objections to the off-sale license, and verified that there is not intent to seek a liquor license. In response to the Commission, Mr. Grover clarified that his franchise agreement calls for the Store to be open twenty-hours per day and that alcoholic beverages would be available between the hours of 6:00 a.m. and 2:00 a.m. if the CUP were approved. Mr. Jim Gilkerson, 1011 Electric, spoke in opposition to the CUP, pointed out the number and location of alcohollC beverage sources within a mile radius of the 7-Eleven location, referred to the mix of businesses as recommended by the Downtown Task Forces, and expressed his concern that business will also be diverted from those businesses presently existing. Mrs. Nancy Kredell, 1615 Seal Way, expressed her obJection to the CUP, as well as that of a citizen residing on Crystal Cove, referring to violent crime associated with convenience stores, the transient clientele drawn by such stores, and the ultimate impact on the community. The Chairman pointed out that should the CUP be granted, it would be reviewed at the end of a year, also, should problems arise it could be considered and possibly repealed prior to the one year period. There were no other communications; Chairman Jessner declared the public hearing closed. In response to the Commission, Mr. Baucke reported notice of public hearing had been sent to residents within three hundred feet of the subJect location, and confirmed that should the CUP be allowed and the Zoeter property revert to a use different from what presently exists, the CUP would be reviewed at the end of one year prior to its renewal. Mr. Covington moved to reopen the pUblic hearing for the purpose of continuing same to the next meeting so that the staff can obtain a reclarification, in detail, from the Police Chief as to the points originally raised in the February 11, 1982 letter and not addressed in the August 8th memorandum, also that the staff request from the Police Department a separate study that would provide records as to the number of crimes reported at existing off-sale sites in both census tracts. Commissioner Perrin requested that statistics also be provided as offered by Mr. Corbo, and seconded the motion. e e AYES: NOES: Covington, Goldenberg, Jessner, Perrin Hunt Motion carried Page Eight - Planning Commission Minutes - August 15, 1984 e The Chairman, with consent of the Commission, declared a recess at 9:59 p.m. The meetlng reconvened at 10:10 p.m. with the Chairman calling the meetlng to order. e PUBLIC HEARING - VARIANCE 7-84 - NEWKIRK - 3580 TEA BERRY CIRCLE The Secretary presented the staff report relating to a request to deviate from the required rear yard (10 foot) setback by 5 feet for a gazebo, and 2.5 feet from the required 5 foot sideyard and 7.5 feet from the required rear yard for an elevated deck, and reviewed the background leading to the variance request. Mr. Baucke reported that in late January a code enforcement complaint was received by the City relating to the construction of a spa and gazebo, subsequently found to have been constructed without permits, and reviewed in detail actions taken S1nce that time, referencing Sections 28-1501 and 28-1502 of the Municipal Code relatlng to variances. The Secretary stated the staff recommends denial of Variance 7-84 for the following reasons: 1) the proposal conflicts wlth the intent of Code Section 28-300 to regulate and to l1mit the type, height and bulk of buildings and structures in the various distrlcts and zones, and to regulate the areas of yards and other open areas about and between buildings and structures; 2) the gazebo is located in a required setback; 3) the structures were constructed without a building permit and staff was made aware of this construction due to a code enforcement complant; 4) that the applicant had been notified of the Code violation and after numerous contacts, has yet to make an effort to come into substantial compliance as of this date; 5) no special circumstances are applicable to the subJect property that deprives such property of the privileges enjoyed by other property in the same vicinity and zone; 6) the variance would grant special privileges inconsistent with the limitations upon properties in the same vicinity; 7) the proposal violates the intent of Section 28-401(2)b of the Code; and 8) that legal grounds for approval of a variance under Section 65906 of the California Government Code do not exist for this application, said action to be taken by proposed Resolution Number 1338. Mr. Baucke distributed pictures of the subJect property for information of the Commission. Chairman Jessner declared the public hearing open. Mr. Dan Newkirk, 3580 Teaberry Clrcle, referred to the staff report under the heading "Request", stating it was assumed that the variance would include the deck area with the 2.5 foot encroachment further into the 5 and 10 foot areas. Mr. Newkirk stated that when he submitted the plot plan to the City he was advised the deck would be considered as part of the structure. Mr. Newkirk also presented pictures of the structure to the Commission. Mr. Newkirk stated that the spa is in legal compliance, however due to the definltion of a gazebo he now has a design problem with a structure that is not uncommon or unusually large in relationship to others found in the College Park East area, which, in his opinion, adds privacy, beautifies the existing spa, and provides sound attenuation to surrounding neighbors. He stated that the neighboring rear property is presently screened by planting, noting that upon completion, an additional planting of shrubs is planned. Mr. Newkirk stated that following the initial e . - e Page Nine - Planning Commission Minutes - August 15, 1984 meeting with the Building Department modifications were made to reduce the gazebo by 4 feet in width, the spa was moved an additional 1.5 feet in both directions, also that if it were required to be moved the 10 feet from the rear lot line, an addtional problem would be incurred due to the design of the house where the kitchen extends into the back yard, therefore the gazebo would then more than likely be too close to the house. He noted that pursuant to a survey he had made of approxlmately fifty homes, twenty percent had similar structures, stating that he did not have information as to whether or not permits existed for these structures. With regard to what has been corrected to date, Mr. Newklrk responded that originally there were setbacks of six inches, that portions of the gazebo and decking were adJacent to the fence, however with removal of the decking a five foot setback was attained, and at the rear yard, a move from a zero to six inch deviation to a five foot setback was accomplished, therefore the variance requested is a five foot encroachment into the ten foot rearyard setback. With regard to why construction was commenced without permits, Mr. Newkirk stated it was mislnformation, whereby he was told by salesmen that this was a portable spa, not requlred to be placed in the ground and not requiring plumbing. He also stated that the gazebo was not an issue until he had obtained the spa permits and upon first inspection was informed that the four foot spa set back was adequate, however additionally the gazebo would have to be set back five feet. He said he was subsequently asked to provide a plot plan, at WhlCh time he was informed a ten foot rear setback was required. Mr. Newkirk acknowledged that the fence will be raised to the required six feet. Commlssioner Goldenberg cited Mr. Newkirk's reference to other propertles with similar installations, stating that to his knowledge no other variances for encroachments such as requested have been allowed, therefore should the Commission grant this variance, precedent would be set allowing others the right to request a variance on a similar basls, noting that he could not, at this time, see the uniqueness of this property whereby a variance would be warranted. Discussion continued regarding possible relocation of the structure within the yard, and the time frame of actions on this matter by the Clty staff. In response to Commissioner Hunt, Mr. Baucke reported that the code enforcement complaint had been reported by a nelghbor. Mr. William Hoffman, 3590 Teaberry Circle, reported that when construction began he had informed Mrs. Newkirk that it did not comply to the City Code and that it would require a permit, noting that the structure was flush against the block wall on the side and rear of the property. He stated that the spa is satisfactory, however the gazebo, due to its size and invasion of privacy of his adJoining residence, was not, and objected to noise generated from the spa/gazebo area. He stated he had been informed by persons in the real estate business that the structure would be a hindrance to the sale of his property, causing a reduction of the selling price. Mr. Hoffman stated he would have no objection to such structures as long as they comply with the Code, and suggested that the height of structures in back yards be limited. Ms. Dela Santos, 3591 Violet Street, stated she resides behind the subject property, and requested the structure be required to comply with the Code. There were no other communications; Chairman Jessner declared the public hearing closed. Page Ten - Planning Commission Minutes - August 15, 1984 e Mr. Baucke responded to questions of the Commission: that a gazebo would be considered an accessory structure with a fifteen foot height limitation; with reference to spa companies informing their customers that the units are self-contalned, need no plumbing or inspections, stated the City requires a permit for any structure over eighteen inches in height, with few exceptions, and additionally requires electrical and plumbing permits; that there is a six foot separation requirement between a dwelling and a structure in the back yard; and that the five foot sideyard and ten foot rear yard setbacks are required basically for air space and open space between properties. Commissioner Covington stated his intent to vote in favor of denial of the variance request noting that none of the conditions for approval of the variance have been met, however urged that the applicant appeal this matter to the City Council and that the appeal fee be waived based upon the possibility of an administrative error on the part of the City staff, referring to communications to the applicant citing conflicting requirements. Covington moved, second by Hunt, to adopt Resolution Number 1338 entitled HA RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION DENYING VARIANCE APPLICATION 7-84, A REQUEST TO ALLOW DEVIATIONS FROM THE MUNICIPAL CODE SIDE AND REARYARD SETBACK REQUIREMENTS (3580 TEABERRY CIRCLE)." AYES: NOES: Covington, Goldenberg, Hunt, Jessner, Perrin None Motion carried e Chairman Jessner lnformed the applicant of the time limit for appeal to the City Council. It was the order of the Chair, with consent of the Commission, that the appeal fee be waived. Mr. Goldenberg suggested that the local press inform the citizenry of the City's requirements for installation of spas. PUBLIC HEARING - VARIANCE 8-84 - SNYDER - 212 - 3rd STREET Mr. Baucke presented the staff report relating to Variance 8-84 requesting deviation from the required interior garage width by 2.75 feet, reviewed the facts relating to the variance request, and recommended approval based upon the following reasons: 1) the property is required to provide two covered parking spaces by Code; 2) the property is of such an irregular shape and width that the variance is requested; 3) hardship due to lot shape and wldth, which was not self-imposed by the applicant, has been demonstrated which deprives the property of privileges enjoyed by other properties in the same vicinity and zone; 4) the variance will not adversely affect the General Plan; 5) granting of such variance will not constitute a grant of special privilege inconsistent with other limitations upon other properties in the same vicinity and zone; 6) the neighborhood presently has a significant parking problem; and 7) legal grounds for approval of a variance under Section 69506 of the Government Code do exist for this application, that action to approve would be by adoption of Resolution Number 1339. e Page Eleven - Planning Commission Minutes - August 15, 1984 e Chairman Jessner declared the public hearing open. The applicant, Mr. Robert Snyder, 212 - 3rd Street, offered to respond to questions of the Commission. Mr. Baucke reported that entrance to the property from the second adjacent alley had been looked into and determined there was not adequate depth. Mr. Snyder stated this matter was discussed with the neighbors and that no objection had been expressed. It was pointed out that a similar request had been considered and approved by the Commission some months prior. There were no other communlcatlons; Chairman Jessner declared the public hearing closed. Perrin moved, second by Goldenberg, to approve Resolution Number 1339 entitled "A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING VARIANCE 8-84. A ~~EQUEST TO DEVIATE FROM THE REQUIRED INTERIOR GARAGE WIDTH AT 212 - 3rd STREET." AYES: NOES: Covington, Goldenberg. Hunt. Jessner, Perrin None Motion carried COMMISSION REQUESTS Chairman Jessner requested that the staff look into holding public hearings with regard to the control of alcoholic beverage licenses. to consider whether issuance should continue on a CUP basis or if further criteria should be developed. Mr. Covington suggested that the City Council provide the direction for the Commission to conduct public hearings, and Mr. Hunt suggested that policies of other cities be obtained. 4It ORAL COMMUNICATIONS Chairman Jessner declared oral communications open. Mr. Baucke reported that discussions have taken place with the developer of the State Lands Commission site. concerns had been expressed by the staff, and that a meeting is scheduled with the developer the following day. Mr. Baucke also reported that the Council, at their meeting of August 13th. took actlon to reorganize the Planning and Building Departments to the Department of Development Services. changed his title from Principal Planner to Director of Development Services. and authorized the services of an Administrative Alde. Mr. Baucke reported that development of criteria for Speclfic Plans is being worked on and will be forthcoming. Mr. Gllkerson, Electric Avenue. complained that persons employed at the North Sails bUllding are parking on Electric and Tenth Street, rather than on-site or at St. Anne.s Church, which was a condition imposed on that property. Chairman Jessner suggested that a warning be given or the parking restrictions be enforced. noting that there is not sufficient personnel to enforce many of the City.s regulations. COMMISSION COMMUNICATIONS There were no communications. REPORT FROM SECRETARY There were no additional reports from the Secretary. - ADJOURNMENT It was the order of the Chair, with consent of the Commission. to adjourn the meeting at 11:35 p.m.