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HomeMy WebLinkAboutPC Min 1986-04-02 SEA: BEACH PLANNING COMMISSION AGEND: City Council Chambers 211 Eighth Street Seal Beach, California . The Seal Beach Planning Commission meets in session every first and third Wednesday of each month at 7:30 p.m. If you wish to address the Commission on any particular public hearing item, the Chairman will call for public testimony first for those in favor of the project, and second, for those who are not in favor. When you see that the speaker's posi tion in the center of the room is unoccupied, step up to the microphone and when recognized by the Chairman, speak directly into the microphone by first stating your name and address clearly and distinctly for the records. State your business as clearly and succinctly as possible and then wait a moment to see if the Commissioners have any questions in regard to your commqnts or questions. If there are no other questions or comments, return to your seat so that the next person may address the Commission. If you wish to address the Commission on matters other than public hearings, the agenda provides for that time when the Chairman asks for comments from the public. Address the Commission in the same manner as stated for public hearings, always stating your name and address first. APRIL 2. 1986 NEXT RESOLUTION #1418 1. Pledge of Allegiance 2. Roll Call . 3. Reoort from Secretary A. Withdrawal of CUP 5-86 ~ 6-86 Seal Beach Inn (Bettenhausen) Pursuant to Direction of City Attorney 4. Consent Calendar A. Minutes of ~:arch 19. 1986 (continued to 4/1(,/86) B. Plan Review 10-86 (Watson) Request for a minor addition of less than 10% of the allowable floor area to a non- conforming single-family residence 350 Ocean Avenue C. Plan Review 11-86 (Schoedl) A request for a minor addition of less than 10% of the allowable floor area and addition of a deck to a non-conformin~ single-family residence - 1622 Ocean Ave. D. Plan Revi~1 12-86 (Becker) A request for the addition of a single car carport to a non-conforming single- family residence - 217 Central Ave. E: Plan Review 4-86 (McMullen) Minor Height Deviation 1-86 A request to allow a minor height deviation for a roof line associated with a proposed new single-family residence - 216 6th St. . 5. PUBLIC HEARINGS A. VARIANCE 1-86 Resolution #1410 1500 Pacific Coast Hwy. (Kyle/Schuveiller) A request to: 1) Make structural improvements and additions to a non-conforming building. 2) Provide less than the required parking. 3) Not provide a loading zone. 4) Allow the construction of a new addition to be located within a required sideyard" setback. PLANNING COMMISSION AGENDA APRIl. 2. 19~6 PAGE 2 . . . A. YARIANCE 1-86 (CONT.) Code Sections: 28-1402, 28-2311, 28-1403, 28-2500 Environmental Review: This project is categorically exempt from Environmental Review [California Govern- ment Code Section 15301(e)]. Applicant: Tom Schuveiller/Brian Kyle Owner: Same B. VARIANCE 3-86 (Watson) Resolution #1414 350 Ocean Ave. A request to allow a structural addition to a legal non-conforming building to intrude into the required sideyard setback. Environmental Review: This project is categorically exempt from Environmental Review [California Government Code Section 15301(e)(1). Code Section: 28-401(6), 28-2500 Applicant: James R. Watson Owner: Same C. CONDITIONAL USE PERMIT 19-85 Resolution #1416 & 1417 TENTATIVE PARCEL MAP 85-1002 (85-322) 210 8th Street A request to convert an existing two-story duplex into two condominium units. Environmental Review: This project is categorically exempt from Environmental Review [California Public Resources Code 15301, Class l(K)]. Code Sections: 28-700(3)(b), 28-2503 Applicant: Wesley & Mercedes Cleary Owner: Same D. CONDITIONAL USE PERMIT 1-86 Resolution #1413 921 Pacific Coast Hwy. (Seal Beach Center) A request to permit a planned sign program for the Seal Beach Center. Code Sections: 28-1803, 28-2503 Environmental Review: This project is categorically exempt fron Environmental Review [California Government Code Section 15301]. Owner: Seal Beach Center Applicant: Same 6. SCHEDULED MATTERS 7. COMMISSION REQUESTS 8. ORAL COMMUNICATIONS 9. COMMISSION COMMUNICATIONS 10. ADJOURNMENT Agenda Forecast: April 16, 1986 -Variance 5-86, CUP 8-86 & 9-86 Corky's - 909 Ocean Ave. -Variance 4-86 - Marsh - 209 14th St. -Plan Review 6-86 Buckerfield/Allen - 1101 Seal Way . e . PLANNING COMMISSION MEETING OF APRIL 2. 1986 The Seal Beach Planning Commission met in t!gy!!t session at, 7:33 p.m. with Chairman Jessner calling the meeting to order. Commissioner Perrin led the Salute to the Flag. RQ&&_QA&& Present: Chairman Jessner Commissioners Covington, Hunt. Perrin Absent: Commissioner Ripperdan Also Present John M. Baucke. Director of Development Services Dana Ogdon. Administrative Aide Greg Stepanicich, City Attorney Chairman Jessner stated there would be no new after 10:30 p.m. but will be continued to Wednesday, April 9, 1986 at 7:30 p.m. items discussed the following R~fQR!_[RQM_~~QR~!ARX Mr. Baucke reported the withdrawal of CUP 5-86 and 6-86, applications for the Seal Beach Inn. Mr. Hunt moved that the Seal Beach Inn applications be withdrawn. Mr. Perrin seconds. AYES: NOES: Covington, Hunt, Jessner, Perrin None Motion Carried Mr. Baucke, in answer to Robert Cook, stated that there will be a study session to review the definitions of hotel and motel, and in addition. review possible addition of bed and breakfast use to the Municipal Code. Mr. Hunt moved that all residents within 300 feet be notified by staff. Mr. Perrin seconds. AYES: NOES: Covington. Junt, Jessner, Perrin None Motion Carried QQ~~g~I_QA&g~QAB Mr. Baucke stated that items D (Plan Review 12-86-Becker) and E (Plan Review 4-86-McMullen) be removed. Mr. Covinton moved that the Consent presented with the elimination of D & E separately. Mr. Perrin seconds. Calendar be approved as which will be addressed - ~- , . Planning Commission Meeting of April 2. 1986 Page 2 AYES: NOES: Covington. Junt. Jessner, Perrin None Motion Carried With regard Montecito. decided: to Plan Review 12-86 (Becker). Gregg Williams. 1220 representing Arcon Associates. the following was Mr. Covingston moved to continue Plan Review 12-86 to the next meeting. Commissioner Perrin seconds. AYES: NOES: Covington. Junt. Jessner, Perrin None Motion Carried fY~~lg_HgARINQ_=_YARIANgg_1=~~_=_12QQ_fAglllg_gQA~I_H!X~ Staff report for this item was presented by Mr. Baucke. It was a request to approve a major remodel and 3600 square foot second floor addition to an existing non-conforming building with less than the required parking and without a loading zone. A second floor addition is proposed to be located above the eXisting building which is currently within a required side yard setback. Public hearing was declared open by Chairman Jessner. ~~~Q!__~l~~~ raised objections to exceptions being made by grandfathering-in and special variances. ~i1~i__~Q~lQn. 13th Street discussed the issue of legal non-conforming and commericial property; that substandard buildings be torn down to meet code. ~~!lll_M~lh!~~. 218 8th Street questioned the granting of special privileges and requested clarification. ~~YQ!_~l~~~ asked Mr. Baucke for clarification of commerical non-conforming property and requirements. ~!~QI__~~Q~ll. 706 Ocean asked Mr. Baucke if in consolidating 4 parcels into one. would they not have to conform with eXisting codes? Mr. Covington raised the question of public use of the adjacent parking lot over the years. City attorney, Mr. Stepanicich. stated that it is unlikely there would be a problem. but it would require investigation. ~~1~ll_KI1! stated that different options were given and that he eliminated all and came out with the best which was feasible. As far as the lots in the b~ck. he would want to clarify whether public projects have been adopted. ~!~QI__~~Q~ll. 706 Ocean would like to see all non-conforming properties be brought up to code rather than have legal non- conforming situations where extended variances are granted. Five years ago when he came to the Seal Beach Planning Department . they wouldn't even consider a request for variance. so he built to code. Mr. Covington stated many requests for variances are denied. Mr. Brown stated that diagonally from where he lives, a number of years ago. a garage was converted to living space with e Planning Commission Meeting of April 2, 1986 Page 3 no parking under Seal Beach Code and they were given a building permit. Mr. Covington said he doubted that could have occurred. ~~~nl_M~lh~~!, 218 8th Street stated it would be refreshing to see Brian come in without asking for a variance for parking. He feels it shifts the burden to the residents from the developer. Jim_K~Y!n, 227 16th Street, owner of the property located at 322 15th Street expressed his concern over the property situation and the affect this problem has on 15th Street. Mr. Kevin noted that he had written a letter in opposition to this variance request. Chairman Jessner noted that the Glider Inn had also written a letter in opposition to this request. ~~i~n_K~l~ spoke again in reference to his intent in the upgrading of this property. Mr. Covington asked the City Attorney, Mr. Stepanicich, for his advice in asking the existing business to leave and if the approval of this application be conditional upon the change of usage of the ground space. Mr. Stepanicich stated that whenever the Planning Commission does a review, it still does not affect the private business relationship that exists between the landlord and tenant. It Mr. Hunt stated that a lack of parking is one of the disadvantages to living in a beach community. Mr. Covington suggested that compromise is needed here. The Commission cannot control, being stewards and not owners, but we can control the local usage so that we do not intensify the problem. Mr. Kyle added that if he eliminated the eating-drinking usage, that would add 12 parking spaces. The retail ofices would not be open at night allowing residents coming home from work to use tha parking lot. Qh~i!_M~~~~, 209 Seal Way discussed the City of LaJo11a and how the Commissioners there have allowed crowding, lack of parking, and crime increase. He felt that special interest groups are allowed concessions while residents are denied consideration. He mentioned the trash cans that were needed a year ago and are still not in place. He feels Mr. Kyle should take down whatever is on his lot and put up a legal building with required parking- - like everybody else. ~~~nl_M~lh~~!, 218 8th Street, did not want to see the City compromise its codes by giving variances for commercial use. As other members spoke in favor of or in opposition to Variance 1-86, Chairman Jessner closed the public hearing. - The Commission conferred with the City Attorney as to whether it was necessary to research the public access to private property pertaining to the subject parcels. Mr. Stepanicich stated that since the issue has been raised, it should be research before taking final action on the variance. If the variance is denied, research would be unnecessary; if approved then the research - Planning Commission Meeting of April 2, 1986 Page 4 should be required before approval. Mr. Hunt objected to researching this due to its abstract reasoning and this not being worth pursuing. He felt that the applicant is entitled to due process within a reasonable time; there has already been one postponement. Also. the Commission should be cautious about suggesting anything to be investigated by the City Attorney because it costs the City money and unless there is strong reason for it. it should not be requested. If there is a request. it should come from the City Council. Mr. Stepanicich said these facts were not brought out before so they were not researched and feels that it is unlikely to be a problem here because the lot was used by beachgoers to park there and walk to the beach. On the other hand. public rights to private parking lots have not been researched and for that reason, an unqualified opinion as to liability can not be made. e Mr. Covington moved to continue this hearing until the n~xt meeting so that the City staff working with the City Attorney, at the least posible cost. will have the opportunity to research the question previously raised on the public rights. if any. to the public use parking lots and that information be available to us for our consideration prior to making a decision at the next meeting. Mr. Perrin seconds. Chairman Jessner asked Mr. Kyle if he wanted to respond to the motion. Mt~_K~l~ felt it was ludicrous to think that he paid a lot of money for property that is public domain. He reminded the Commission that this has been going on since January. The Commission decided that this information was needed before they could make their determination for or against the project. Mr. Stepanicich stated that the information would be available on April 16. 1986 at the next regular meeting. AYES: NOES: Covington. Jessner. Perrin Hunt Motion Carried fY~&Ig_HgARINQ_=_YARIANgg_~=~~_=_~~Q_QggA~ Mr. Ogdon presented the staff report for this that this application was a request to allow a intrude into a required sideyard setback. item indicating room addition to ~ Mr. Jessner opened the public hearing. e Jim_!~1~Qn, owner/applicant, explained in detail the additions he was requesting. He would not want to do the remodeling if he had to remove the garage. He was not requesting the additional bathroom. He stated that the City has permission to have access to the sewer line which is on his property. Mr. Hunt volunteered that the property has never looked better. . , .- - . Planning Commission Meeting of April 2. 1986 Page 5 Mr. Watson brought 37 signatures from surrounding neighbors in approval of the addition. In the future, he would like to remove the wood shake roof and install a slate roof which would be in keeping with the architectural style. ~~~~~_~~~!~, 707 Ocean questioned the staff in reference to previous variances and said there were others than the one mentioned. Mr. Ogdon explained that a previous applicant declined to complete the process rather than wait for a variance to approved and that he was not denied. lim_~Y~~, 2015 1/2 10th Street, Community Development Director. Huntington Park, spoke in favor of Variance 3-86. He described the changes extensively and gave his approval even to perhaps the prescriptive rights to use his garage on the stub street. He complimented staff and the Commission on its thoroughness. ~~Y~~_~1~~!, 204 Ocean stated he did not oppose this variance but was not familiar with the Home Owners Assn. mentioned by Mr. Watson. Mr. Baucke told him that it was the Gold Coast Building Committee as noted in the CC&R's (Mr. Dunn). Mr. Stark also said he would gladly pay $30.000 for the stub street on 4th and $35.000 for the one on 2nd Street. As no other members of the audience spoke in favor of nor in opposition to this item, Chairman Jessman closed Public Hearing. After some deliberation, Mr. Perrin moved to approve Variance 3- 86 with the following conditions: 1J That Variance 3-86 be continued until such time that the City Council establish a policy ot tak~ specific acti~.~theC-~andone~ of City stub streets; 2) That an en~agreement be entered into by the applicant so to remove any liability from the City for damage to structures placed on the easement. Said agreement to be filed and recorded by the County Recorder prior to the issuance of bUilding permits; 3) That all associated plans and drawings be approved by the responsible CC&R Review Committee prior to the encroachment agreement being filed and prior to the issuance of bUilding permits. Mr. Perrin directed staff to determine whether findings could be made that would allow the eXisting garage to remain as is. Mr. Perrin also noted that conditions pertaining to the rear yard encroachment were made in the interest of public health and safety and to retain emergency accesss to the City sewer line. Mr. Hunt seconds. AYES: NOES: Covington, Hunt, Jessner, Perrin None Motion Carried Mr. Jessner stated that the Chair will continue the rest of the items on the agenda to next Wednesday at 7:30 p.m. We will have a special report of the Chair at this time because of an emergency situation. e e - Planning Commission Meeting of April 2. 1986 Page 6 Mr. Perrin moved that the agenda be amended so as to provide for an emergency report by Mr. Baucke. Mr. Hunt seconds. AYES: NOES: Covington. Hunt. Jessner, Perrin None Motion Carried f~AN_RgYIg~_~=ft~_1~Qn~lg!QnL~~mQ~~_fQn!!~Y~!1Qnl_=_lift_1!h_~!~ Mr. Baucke gave a brief history of the property. The Commission approved minor construction. Mr. Stevenson. representing Zember Construction. was here to give the Commission the details of why the property on 148 Seventh Street was demolished. He claimed that the wood in the structure was infested with termites and could not pass a safety check from the Building Department. Mr. Stevenson was told that he should have gotten prior permission from the City before proceeding with demolition. Mr. Stevenson said this occurred on a Saturday and he felt he was in a catch 22 situation. Mr. Stevenson was asked to this meeting so that the City Attorney could give him direction. Mr. Stepanicich said he had two options: Apply for a variance from the non-conforming building code; or to apply for a major structural change since the building has been torn down. The foundation and the fireplace are the only things that remain. The Commission approved the removal of all the interior walls. It was felt that Mr. Stevenson should have called an emergency number of one of the City officials before making the decision of destroying the full building. The City Attorney said that once 50% of the structure was destroyed, it would need the Planning Commission approval. Mr. Baucke stated that as a major remodel. this property will require a public hearing and the code states that everything must come into compliance with the zoning code with the exclusion of density. Anything that didn't comply would require a separate variance approval. Mr. Hunt questioned why this matter was being discussed now. Mr. Stevenson said the property owner had a deadline to meet. Mr. Baucke noted that under the provisions of the Municipal Code, no action can be taken as far as construction. At this ~oint, M~~_QQQ~ related that he and a friend walked by the concerned property and was told by the workman that the structure was being demolished. It was recommended that the property owner meet with staff on an emergency basis -- if this could not be arranged by April 16th, 1986 the Commission agreed to meet on April 23. 1986 since public notice is required. Q11n f~!~. 137-12th Street, commented that he found it unbelievable that anyone planning a second story would not first check to see if structure were sound. M1~h~1~_~~~ng~1, 204 Ocean, stated she was disgusted by this matter. A competent contractor should know if termites were visible before construction and that perhaps there could be recourse against those who advise improperly instead of penalizing the property owner. e e - Planning Commission Meeting April 2. 1986 Page7 fY~~l~_H&AftlNQ_~_!l~m_~ Mr. Covington moved that Conditional Use Permit 19-85 be continued to Wednesday, April 9, 1986. AYES: NOES: Covington. Hunt. Jessner, Perrin None Motion Carried ARl2YRNMgNI It was the concensus of the Commission and so directed by Chair to adjorn the regularly scheduled meeting of the Planning Commission at 11:40 p.m.. and to continue the agenda of this meeting to a regular adjourned meeting to be held on Wednesday, April 9, 1986 at 7:30 p.m. in the City Hall Council Chambers. Recording Secretary '.' . . ! NOT ICE o F ADJOURNED M E E TIN G NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Seal Beach did, at their regular meeting of April 2, 1986, adjourn to Wednesday, April 9, 1986 at 7:30 p.m. in City Council Chambers, 211 - 8th Street, Seal Beach. 1986.