HomeMy WebLinkAboutPC Min 1993-04-21
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CITY OF SEAL BEACH
PLANNING COMMISSION MEETING
AGENDA of APRIL 21, 1993
7:30 P.M. * City Council Chambers
211 Eighth Street, Seal Beach, CA
Next Resolution: #93-26
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
m. CONSENT CALENDAR
1. Minutes of April 7, 1993
IV. SCHEDULED MATTERS
2.
Resolutions
Resolutions Denrine B.T's Pizza Application:
Resolution No. 93-24 * Conditional Use Pennit #92-23
Resolution No. 93-25 * Variance #92-3
3. Update on the Federal Implementation Plan (FIP)
[For infonnation only]
4. Review of Measure "M II Growth Management Implementation
Program
5. Sweet Jill's Bakery
1231h Main Street
Clarification of Ambiguity
6.
Minor Plan Review #93-4
Address:
Applicant:
Property Owner:
Request:
28 Welcome Lane
Judy Crichton
Bill Dawson
Two-story cabana and remodel to
existing double-wide trailer.
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v. PUBLIC HEARINGS
Height Variation #93-1
Variance #93-3
Determination of Amortization Period
Address: 1305 Sandpiper Drive
Applicants: Mark and Elizabeth Thompson
Property Owners: Mark and Elizabeth Thompson
Request: Approval of a Height Variation for
an existing covered roof access
structure.
7.
8. Zoning Text Amendment #92-6
Applicant:
Request:
VI.
ORAL COMMUNICATIONS
VII.
STAFF CONCERNS
VIII. COMMISSION CONCERNS
IX. ADJOU~ENT
Adjourn to May 3, 1993 at 7:00 p.m.
Informal workshop relative to parking.
City of Seal Beach
Amending the City's Zoning
Ordinance to (Chapter 28) to
establish setback requirements for
detached accessory structures in
residential zones.
Amending the City's Zoning
Ordinance to increase the
allowable height of property line
walls from eight (8) feet to ten (10)
feet at those areas specificed in
128-2316.2(H) of the Code.
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Pqe 3. SeIII Beaeh I'IamdDc CommWioD Aceada lor April 7, 1993
1993 AGENDA FORECAST:
STAFF REPORTS PENDING: NOT AGENDIZED
!I
These items received a letter from City Attorney's Office dated January 25, 1993,
advising them to contact the City in a last effort to resolve the various matters:
*
~~~~yi of CUP~S:~'(or."Brism~~ .open~'2,;6"'~t~+
..... .....~...../ ",. .......;0>.... . . .". ........:-:-........ .
T ":BclIJ640 PCB
...aCQ.......... .. ....<<..... .
4/1193 City Attorney letter to Taco Bell.
*
CUP #93-_
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ZTA #92-2
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CUP #14-91
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ZTA #--
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CUP #92-7
. VAR #93-1
1005 '.' PCWTed'~:s:.~.!;.?13urgers/Needs CUP
y.:.:..:..-:-.... ............."'.=^-'......... ..........~.. ,N,
machines. 4/1/93 City Attorney
Burgers.
for video
letter to
game
Ted's
BriteffiUnmenf cafes:~
-:...... .-:-........... ... ......... '. .:.:~.,
Pending City Manager's work on one day permits.
S' a fiettini~s7EnteiOO:nfueriflOrte..~.ar.j~eview~~
::. P. :&.. .. . '.:.'. ........ . ;... .. ,... 'Y .'.,. . . ...M
4/13/93 Jack Viviano at ABC is
now and will provide staff his
near future.
working
comments
on
in
this
the
q,~~~~w~~q~.~~ao~
Un0Ca1J9~rManna Vnve
R'eacti;ate oil" 'separation facility.
Tabled at request of applicant.
Staff completing environmental review.
Address:
Business:
Applicants:
Property Owner:
Request:
212 Main Street
Masonic Lodge
Brian Kyle & Jim Klisanin
Seal Beach Masonic Lodge
To vary from the parking
requirements to allow a mixed
office/retail use on the property
to submit environmental documents
Pendingng for applicant
for review.
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....e 4. SelII Beac:b PlaJmiac CommissioD Aceada for April 7, 1!1!13
1993
MAY 05
MAY 19
JUN 09
JUN 23
JUL 07
JUL 21
AUO 04
. AUO 18
SEP 08
SEP 22
OCT 06
OCT 20
NOV 03
NOV17
DEC 08
DEC 22
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CUP #92-2/SeaSide GriU's indefinite extension.
MPR #93-3/210 1st StlDimare's remodel.
CUP #92-17/Main St. Deli/indefinite extension.
CUP #92-13/Papillon's @ 4 mos.lentertainment
CUP #92-19/Clancy's for 12 mos. extension.
CUP #92-13/Papillon's @ 8 mos.lentertainment
CUP #92-20/148 Main St./John's Food King/ABC
[Review CUP #92-13 & CUP #92-20 at same meeting].
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1994
Page 5. SelIl Beach PlanDlDc Commissioa Aceada for April 7, 1993
JAN 05
JAN 19
CUP #92-22/322 Main/Nip'n Stuff/12 mos. review/ABC
CUP #92-24/1400 PCR/Glider Inn/12 most ABC
CUP #92-26/3001 Old Ranch Pkwy/Tortilla Beach/12 mos/ABC
FEB 09 CUP #92-13/Papillon's @ 12 mos.lentertainment (Schedule
extension)
FEB 23
MAR 09
MAR 23
APR 06
APR 20
MAY 04
MAY 18
JUN 08
JUN 22
JUL 06
JUL 20
AUa 03
Aua 17
SEP 07
SEP 21
OCT 05
OCT 19
NOV 09
NOV 23
DEC 07
DEe 21
CUP #93-2/901 Ocean/Kinda Lahaina @ 12 mos/ABC
indefinile
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CITY OF SEAL BEACH
PLANNING COMMISSION MINUTES
APRIL 21, 1993
The regularly' scheduled Planning Commission meeting of April 21, 1993 was called to order
at 7:35 p.m. in City Council Chambers by Chairman Fife.
PLEDGE OF AI~LEGIANCE
The Pledge of Allegiance was led by Commissioner Sharp.
ROLL CALL
Present:
Chairman Fife
Commissioners Dahlman, Sharp, Law, Soukup
Also
Present:
Department of Development Services:
Michael Colantuono, Assistant City Attorney
Lee Whittenberg, Director
Barry Curtis, Administrative Assistant
Joan Fillmanll, Executive Secretary
CONSENf CALENDAR
1. Minutes of A pl"iI 7, 1993
MOTION by Shm"p; SECOND by Law to approve the Planning Commission Minutes
of April 7, 1993 with the following cOl"rections:
Page 2:
Page 23:
Replace "would" with "might like to review ...11
Replaced "can find a way" with IIhoped the applicant can fmd a
wny... II .
Page 24:
Replace"... directed staff to ...11 with "noted that the Commission
action amounted to a dil"ection to staff to prepare resolutionsll.
MOTION CARRIED:
A YES:
5-0-0
Shm"p, Law, Fife, Dahlman, Soukup
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Page 2 - City of Seal Beach · Planning Commission Minulcs of AI"II 21, 1993
SCHEDULED MATTERS
2. Resolution #93-24 fOl" Conditional Use Permit #92-23 regarding the denial BJ's
Pizza.
Resolution #93-25 fOl" Val"iance #92-3 regarding the denial of BJ's Pizza.
MOTION by Shm"p; SECOND by Dahlman to approve Resolutions #93-24 and #93-
25.
MOTION CARRIED:
A YES:
5-0-0
Sharp, Dahlman, Fife, Soukup, Law
Mr. Colantuono stated this constitutes the legally final Planning Commission decision
denying the two applications for B.J. 's Pizza; the appeal period begins tonight.
3.
Update on thc Fcde..al Implcmcntation Plan (FIP)
Mr. Whittenberg presented the staff report. [Staff report on file in the Planning
Department]. An appellate court decision required the federal Environmental Protection
Agency (EPA) to adopt emission control measures to supplement State and local control
efforts. This decision requires EPA to adopt an FIP, containing adequate emission
control measures to attain air quality standards for ozone and carbon monoxide by 2010
and 2000 respectively.
MOTION by Sharp; SECOND by Fife t.o receive and file this report.
MOTION CARRIED:
A YES:
5-0-0
Sharp, Fife, Dahlman, Soukup, Law
4. Review of Measure "M" G."owth Management Implementation Program
Mr. Whittenberg presented the staff report. [Staff report on file in the Planning
Department]. To contirme receiving local street maintenance and improvement funds
from Orange County's local Transportation Authority, the City must comply with Growth
Management Program requirements. This enables the City to remain eligible to receive
local turn-back funds, estimated to be $140,000, in the form of Measure M sales taxes
and Proposition Ill.
Commissioner Dahlman said one goal of Measure M was to mitigate traffic impacts of
development. In Huntington Beach there is a plan to build approximately 5,000 homes
which will likely have an impact on Pacific Coast Highway in Seal Beach. He asked if
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Page 3 - Cily of SCIII Deach · PL1nning Commission Minnles or April 21, 1993
Huntington Beach was mitigating this impact? What does this mean to the City of Seal
Beach?
Mr. Whittenberg replied the proposed housing project is planned for an unincorporated
island area surrounded by the City of Huntington Beach except on the Ocean side. At
one point Orange County, under California Environmental Quality Act (CEQA)
provisions, allowed the City of Huntington Beach to process the environmental
documentation. This was an agreement between Orange County and the property owner.
The Draft EIR was reviewed by the City of Huntington Beach's Planning Commission
and City Council. The County and property owner decided to take the environmental
review function back to the County level. The City of Seal Beach felt the questions
regarding specific traffic mitigation measures were not adequately addressed in the City's
EIR. Seal Beach's comments (approximate 16 pages) were related to the traffic issues
and inadequately identified impacts along Pacific Coast Highway through Seal Beach and
unincorporated Sunset Beach area. Orange County has indicated they will prepare a new
EIR on the project which will be distributed for review and comment. The City of Seal
Beach will review this document closely and make comments. Staff will be sure there
is adequate disclosure of potential impacts and appropriate mitigation measures.
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Chairman Fife asked if the City of Seal Beach has any adjacent lands ripe for
development which could be in the same situation, whereby the City of Seal Beach would
be asked to prepare an EIR?
Mr. Whittenberg replied the only Orange County areas adjacent to Seal Beach are the
Rossmoor area and Sunset Beach on Pacific Coast Highway. The areas are built out with
a minimal potential for development bringing traffic impacts. As part of the Measure
M Growth Management Implementation program all the Orange County cities will
eventually concur on a standard type of traffic impact analysis that would be done for
development projects with definite thresholds. This would ensure that all Orange County
cities, when reviewing development proposals, would look from the same reference
point. The level of impact under Measure M is now any type of a project which puts
more than 2400 trips onto a street classified as a Measure M street. In Seal Beach the
only street in that classification is Pacific Coast Highway. That threshold level of trips
will probably be reduced by 50% under the final programs adopted.
Chairman Fife asked what the expression "Is it phased" meant? Mr. Whittenberg replied
the term refers to a project which takes more than five years to build out.
MOTION by Sharp; SECOND by Law to adopt Resolution #93-26, recommending
approval ofthc "McasUI'c M G,'owth Management Implementation Programll to the
City Council.
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MOTION CARRIED:
A YES:
5-0-0
Shaq), Law, Fife, Soukup, Dahhnan
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Page 4 - City of Seal Beach * PI~nning COlllllli~sion MII1I1I~s of AI'. il 21, 1993
s. Sweet Jill's Bakery
1231h Main StI'ect.
Clarification of Ambiguity
Staff Report
Mr. Curtis delivered the staff report. [Staff report on file in the Planning Department]. The
City has been approached to establish a bakery at this site. Staff was concerned the use could
be considered an intensification of use.
Commission Comments
The Commission discussed how to determine whether this application should be classified as a
retail use or a restaurant use for parking and other purposes. The Commission agreed the
City's municipal Code needs updating and more helpful details to make this more clear on this
issue.
Commissioner Dahlman asked staff for a list of any and all cases of ambiguity which were
addressed by the Planning Commission and subsequently decided by the City Council. Staff was
directed to research prior actions on ambiguity so the Planning Commission can figure out how
it has been approached in the past when trying to clarify the Code for the future.
Mr. Colantuono said resolutions must be prepared explaining the reasons for the Planning
Commissions' determination therefore, it is most useful if the reasons reflect the purposes for
which the permit requirement was imposed on one of the two uses. The Commission might
want to state their decision that it is treating this like a take-out restaurant because it has the
following risks which can be regulated through the CUP process --- trash cans for litter, how
much packaging can be used, etc. However, if the Commission decides it is more like a sit-
down restaurant, the Commission would want to articulate its reasoning, Le., why a permit isn't
required. In either case, Mr. Colantuono encouraged the Commission to look to what is
believed to be the apparent purposes of the permit requirement in this context.
Chairman Fife asked what if the Commission determined it was neither type of restaurant but
a retail use? Mr. Colantuono said the question would be, is this the kind of use that requires
a permit or not? To do this would require looking at the uses in the zone which require permits
and look at the purposes that permits serve in each of those instances to see if there are similar
aspects of this use that requires a permit. Mr. Colantuono said staff's ultimate recommendation
would be to process a Code amendment for more detailed clarification and expansion.
Mr. Colantuono said that if the Commission finds Sweet Jill's Bakery is a retail use, the
consequence would be the business license that's presently on hold would issue and no land use
permits would be required. This is an expressly permitted use, and Sweet Jill's Bakery could
commence operation. That Code change would apply to the next application. Conversely, if
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Page S - City of Seal Deaeh · Planning <.:ommission Minutes of AI,,'il 21. 1993
the Commission requires a permit which is subsequently approved by the City Council, the
applicant will have to seek a permit.
Commissioner Dahlman said City Ordinance #948, in defining 'restaurant' says II this
definition includes 'coffee shops'"
Chairman Fife asked if going from the site's present use, a wool shop, to a bakery use would
require preparation of a Negative Declaration per the City Council's new directive? Mr.
Whittenberg said no because the basic parking requirements are the same.
When a code provides a list of expressly permitted uses the drafters create a catch-all category.
If the Commission determines this use is more like a retail establishment, for which a permit is
not required, a third option would be to make a finding of similarity. Code interpretations are
recommendations to the City Council whereas a finding of similarity is a final Commission
decision in the absence of an appeal.
MOTION by Sharp; SECOND by Fife to determine the application for Sweet Jill's Bakery
would be a retail use and pass this on to the City Council. Staff is requested to present the
Commission with a definition of "loes1aumnt".
Before the vote, Commissioner Soukup asked for the applicant to be refunded the application
fee. Mr. Colantuono said the Commission does not have the authority to change the fee
structure of the Ci ty .
MOTION CARRIED:
AYES:
5-0-0
Slull'p, Fife, Dahlman, Soukup, Law
Staff will prepare a resolution for Commission consideration at the May 5th meeting. The
matter with then go the City Council for concurrence.
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6. Minor Plan Review #93-4
28 Welcome La ne
Staff Report
Mr. Curtis presented the staff report. [Staff report on file in the Planning Department].
Commission Comments
Commissioner Sharp asked if these were the standard conditions placed on similar applications,
with none being added or deleted? Mr. Curtis said yes.
Commissioner Dahlman asked for a status report on the lot lines in the Trailer Park. Mr.
Whittenberg said this application does not necessitate the moving of any trailers. The City is
enforcing the lot lines.
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Page 6 . City of Seal Beaeb · Plllnning Conlllli.sion Minules of ^I,ril 21. 1993
Commissioner Soukup asked if a wall will be removed from the trailer itself] Commissioner
Sharp explained that under current State regulations all four walls could be removed, leaving just
the floor, therefore no extraordinary ability to convert exists.
Commissioner Dahlman asked staff if there were any possibility of converting this to a duplex
based on the design? Mr. Curtis said no, because the entrance to the second floor is in the
middle of the first floor.
MOTION by Sharp; SECOND by Dahlman to approve Minor Plan Review #93-4.
MOTION CARRIED:
A YES:
5-0-0
Shm'p, Dahlman, Fife, Soukup, Law
Staff will prepare a resolution to reflect this decision and present it at the May 5th meeting.
PUBLIC HEARINGS
7.
Height Variation #93-1
Variance #93-3
1305 Sandpiper D.'ive
Determination of Am0l1izat.ion Pel'iod
Staff Report
Mr. Curtis presented the staff report. [Staff report on file in the Planning Department]. The
applicants, Mark and Elizabeth Thompson, are seeking approval for an existing covered roof
access structure.
Mr. Curtis said several letters regarding this application were received and have been included
in the Commission's packet. Since then, five (5) other letters have been received from:
Jerry Anderson
Leonard Rai f
Ira Hermann
Hal Kurkjian
Rabbi Laibson
130 I Sandpiper Drive
203 7th Street
] 235 Catalina Avenue
1220 Catalina Avenue
4364 Ironwood Avenue
Commission Comments
Commissioner Sharp asked how the Commission would be considering this application? Mr.
Colantuono advised the three applications have been scheduled at once to avoid the applicants
of having to come before the Planning Commission on three separate occasions and to save the
Commission multiple hearings. To give the City Council the same privilege, should an appeal
be filed, he recommended the Commission take an action on all three applications. Any appeal
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Page 7 - City of Seal Deaeh · Planning COllllnis"oll Mlllules of A"ri121, 1993
will be deemed as an appeal of al1 three applications, the Council
will have the whole package and can resolve the matter in one hearing.
Mr. Colantuono explained further that staff's recommendation is the Commission approve the
Height Variation, deny the Variance and make a finding that an appropriate amortization period
is sixty (60) days. If the Commission imposed conditions on the Height Variation that the
applicants could not live with, then the applicants would have two options --- (1) comply with
those conditions or (2) remove the observadome after sixty days.
Mr. Whittenberg said two other letters were received prior to the April 7th meeting and, for the
Record, they are:
Arthur Axelrad
Alan Shields
1310 Catalina Avenue
1300 Catalina Avenue
It was determined that when the applicant's initial1y began to build the Planning Commission
reviewed their plans. Because a CRAS was an allowed use, the Planning Commission did not
review the plans specifical1y to look at the CRAS.
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Commissioner Dahlman asked how the Code read at that time? Mr. Whittenberg said the
previous wording of the municipal Code said you could have a CRAS seven feet (7') above the
allowable height of the zone in which the property was located. That was the only provision,
there were no other standards.
Public Hearing
Speakers in favor of this application:
Mark Thompson * 1305 Sandpiper Drive. Seal Beach
Mr. Thompson presented his testimony; attached for the Record.
Mr. Colantuono asked Mr. Thompson for his thoughts on the current salvage value of his
CRAS? If the dome were removed from the house and sold to be used elsewhere what could
he get for it? Mr. Thompson said he had no idea. Mr. Colantuono said the only evidence the
Commission has of the salvage value is staff's suggestion that it had a certain purchase price,
the applicant's evidence of the purchase price and staff's belief that it is probably worth half of
what the applicant paid for it. He advised Mr. Thompson he now has the opportunity to give
the Commission other information if he wishes to. Otherwise the Commission will base their
decision on the information they do have. He stated he wanted to give Mr. Thompson a clear
opportunity to provide whatever information he wished.
Mr. Colantuono said the amortization value of the dome is at least $22,000 using staff's criteria.
He asked Mr. Thompson if there were other elements of value the City should be considering?
. Other ways to calculate the value? Mr. Thompson said nNo".
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Page 8 - City of Seal Beach · I'L11l11ing COlllmission Minlllcs of April 21, 1993
Joan Liddyard-Williams * 708 Southshore Drive. Seal Beach
Ms. Williams said she feels the observadome is an asset to the neighborhood, it's beautifully
built and is an inspiration to all. She said the Thompson's are generous with the neighborhood
children by taking them into the observadome.
Mitch Berdrawn * 701 Marvista. Seal Beach
Mr. Berdrawn said the dome is an asset to the community, adding the difference in the
observadome is part of its beauty.
Rick Zamonza * 701 Marvista. Seal Beach
Mr. Zamonza said the observadome is weIl built and there's nothing wrong with it as it is.
Dennis Brown * Thompson's Architect rNo Address GivenlJ
Mr. Brown said he disagreed with the staff report in the way it stated the CRAS was reviewed
and approved. He stated that in the initial stages of the project he had much conversation with
the Planner assigned to this project. It was submitted for a Minor Plan Review and he was told
it was approved except for the dome. He was then told the dome was not fully approved until
more details were submitted. He developed the design/construction details based on the actual
dome that Mr. Thompson wanted to use. The plan was resubmitted and when he was at the
Planning Department counter he went over the details with the Planner. At the Minor Plan
Review hearing the dome was discussed and approved. He disagreed with the statement that the
details don't show what was really going to be there. The focus appears to be on the opening
door, that it protrudes from the dome's surface. It does protrude and that is also shown on the
details submitted. There is a difference
in the dome as detailed being the same as the dome that was on the elevations and previously
submitted to the City for review and approval. That's why the decision was made to request
construction drawings before any approval was considered. After the details were submitted,
reviewed and approved, he didn't understand why this hearing was being held and this subject
is being discussed. If there wasn't enough information on the construction drawings for a
decision to be made, why wasn't it asked for? If there was any problem with the material of
the dome, why wasn't that brought to everybody's attention? Why didn't anyone care at all until
we were half way through construction? "This is not a project we were trying to get through
the back door. This is a legal, submitted --- we went through your system and we got it
approved. And we built it. And it was signed off. And now we're here two years later and
we're trying to defend this thing. ... If a City can come back after something is review, and
approved and built and make a resident or anybody else, tear a building down I think people
should be made aware of the possibility of the jeopardy they are putting themselves in by doing
anything in any city... " .
Commissioner Sharp asked Mr. Brown to clarify where the plans were submitted and reviewed?
Mr. Brown stated the plans were submitted to the Planner, over the counter, and he said it
would require a Minor Plan Review. Commissioner Sharp elaborated, saying when the plans
came before the Planning Commission, the dome was never on the plans. Mr. Brown said "It
was. It has always been in the plans from day one". Commissioner Sharp said "The dome was
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Page 9 - City of Seal Deach · I'L1nning (;ommi..ion Minule. of April 21, 1993
not there. What looked like a skylight was there when it came before the Planning Commission.
We didn't go into it in detail because we weren't required to at that time... the dome with the
door on it never came before this Commission". Mr. Brown said he knew the Planning
Department staff approved it. Mr. Brown felt that details submitted subsequent to the request
for the details indicate clearly that it is an observatory with a door. Mr. Brown said that after
the plans went in for the building permit plan check they came out with a Building Department
approval stamped on the plans.
Chairman Fife said he was serving on the Planning Commission at that time and said he has no
recollection of seeing the dome, or any discussion of the CRAS serving a dual function as access
to the roof and an observatory. Mr. Brown asked if the Planning Commission review of the
project would be on record? Chairman Fife said he reviewed the Planning Commission Minutes
and they didn't reflect the dome and/or the possibility of its being used as an access and
observatory. Chairman Fife said he believed it is an unusual enough situation that he would
have remembered it if it had occurred.
Director Whittenberg clarified that when a proposal comes before the Planning Commission for
a Minor Plan Review the Commission is seeing floor plans and elevations, not detailed
construction drawings. Mr. Brown is referring to a request from the City's Building Department
at the time the project went through City plan check and subsequent to Planning Commission
approval. The Building Department requested further detail on the CRAS. The City has no
record the Planning Commission ever had documentation providing details of the CRAS. This
is standard, a full set of construction drawings is not required for Commission review. It would
cost the applicant a lot of money if the basic concept is not accepted. The City recognizes the
structure was legally approved, obtained building permits, and was built in conformance with
the plans. The City has changed its guidelines and now all of these uses are having to come
back before the Ci ty .
Commissioner Dahlman said the confusion may stem from the fact the Planning Commission
didn't see plans for anything other than a CRAS --- a structure, covered, on the roof that allows
access to the roof. It was spherical but there was no side view. He said he couldn't believe the
Planning Commission at that time would have approved a different use other than a CRAS.
Commissioner Soukup indicated there are many footnotes scattered across the plans with a
legend, much minute detail. But there is no footnote describing a dome and there is no
information. There was no reason to believe it would be anything other than a CRAS.
Mr. Brown said at the time the plans were submitted for the Minor Plan Review, Mr. Thompson
"... was trying to decide which dome he wanted to use. So we could not give an exact drawing
of what it was going to be like because we didn't know what it was going to be like".
Commissioner Soukup asked if he could have referenced it as a CRAS? Mr. Brown said they
probably could have. Commissioner Soukup indicated that if it wasn't defined at first, it could
become anything after the fact. Commissioner Dahlman said that to go above the height limit
. the municipal Code required it to be a CRAS. Mr. Brown said their intent was to get a dome
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Page 10- City ofScul Deach * Planning c.;onlllli.sion Minules uf AllIil21. 1993
installed so when you looked at the plans you'd have an idea what it was going to be like. He
did not know why those details didn't get back to the Planning Commission.
Mr. Brown asked if the Commission had known it was an observadome would they have
approved it? Commissioner Sharp said "I wouldn't have".
Mr. Brown concluded by saying he supported the project. He didn't feel the Thompson's should
be held responsible for confusing times in the City.
Letters for the Record
Mr. Whittenberg entered the following letters for the Record:
Ira Hermann
Leonard Rai f
Rabbi Laibson
1235 Catalina Avenue
203 7th Street
4364 Ironwood Avenue
Speakers in opposition to this application:
Jerry Anderson * 1301 Sandpiper Drive. Seal Beach
Mr. Anderson clarified that it was not half way through the CRAS construction that he spoke
to Mr. Thompson but on the first day of construction. In February, 1990 he met with Lee
Whittenberg, Director of Development Services, Joyce Risner, then-Councilmember, Bob
Nelson, then-City Manager. The dome went up and came down for a short time. While the
dome was down he spoke with Mr. Thompson and suggested a compromise, bring the dome
down to 25'. If the CRAS is the important element, then have a CRAS similar to what the other
City residents have. He had impromptu conversations with his neighbor Mr. Thompson and
they took place before Mr. Thompson incurred the costs associated with the dome. Mr.
Anderson said a CRAS should be just that --- a water-tight area to enter onto a roof deck.
CRASs are not to act as a bathroom, kitchen or observatory. Mr. Anderson said that because
the elevations and' floor plans were well drawn he felt to omit the fact that it might/might not
have a door and act as an observatory dome "... I feel has to be an act of deception ...".
Regarding the City's approval of the many other CRASs, those CRASs provided a simple roof
over an access --- this is an observatory. He said there is no latitude to grant the Height
Variation or the Variance. Regarding the amortization period, he felt it's time for the
observadome to be removed. He said he's seen three observatories in his lifetime --- one a
Griffith Park, one at Big Bear Lake and one next door to his house. The most dominant feature
on his house is a Mark Thompson's dome. He said he will suffer financially when he tries to
sell his home.
Alan Shields * 1300 Catalina Avenue. Seal Beach
Mr. Shields, a City resident for thirteen years, said the aluminum observadome is beyond the
spirit of ingress and egress for a CRAS. He has spent $15,000 in his yard, for a patio cover,
to pretend the observadome is not there. The observadome is industrial looking, unnecessarily
obtrusive being on the peripheral wall, obstructs views and privacy, has roofing materials that
Page 11 - City of Seal 8each * !'Ianning Conuuission Minutes of ^lwil2l, 1993
. do not match, and is a functioning observatory. He presented the Planning Commissioners with
a petition [attached for the Record] dated March 1990 signed by Seal Beach residents opposed
to the observadome. He also presented a copy of Mr. Thompson's Minor Plan Review
application in 1989 and 1993. He felt the applicant established a pattern of stating (on the
applications) the observadome would be appropriate for the neighborhood, trying to minimize
the degree of non-conformity and therefore controversy, over the application for the Variance.
This house in not unique in any way that would justify the need for a Variance.
Arthur Axelrad * 1310 Catalina Avenue. Seal Beach
Mr. Axelrad, a 24 years Marina Hill resident, asked for a definition of "primary view". Mr.
Colantuono said this is not a defined term in the municipal Code, it's a term the Commission
must decide. Mr. Axelrad said he doesn't live behind the dome, he lives under the dome. He
said he should not lose free and unrestricted use of his property so his neighbors can enjoy their
rights, he felt the issue is a matter of balancing rights.
Letters in Opposition were presented by Mr. Whittenberg for the Record:
e
Mario Voce
Hal Kurkjian
Alan Shields
Arthur Axelrad
Lester Hauth
Audrey Hauth
Carla & Perry Watson
Susan Mauer
Jerry Anderson
730 Catalina
1220 Catalina
1300 Catalina
1310 Catalina
1315 Catalina
1315 Catalina
. 1365 Catalina
1665 Catalina
1031 Sandpiper
Recess Chairman Fife called a recess at 9:35 p.m. The meeting commenced at 9:45 p.m.
Rebuttal - Mark Thompson. Applicant
Mr. Thompson expressed his concerns about the way this project has evolved, saying he didn't
want his neighbors to be upset. He said "1fT had the opportunity in the very beginning, and if
I hadn't spent the money to build this dome, if I had had the opportunity that we have tonight
before I made this huge expenditure, and if 1 knew that these people would be as upset as they
have been, I wouldn't have done it. Because it's not worth it to me to undergone the emotional
trauma that we've undergone ... we were on Eyewitness News, Channel 7 ... now that's an
invasion of privacy... when 1 built the dome the idea was to cover the roof. I thought, gee, it
would really be nice to have something that's a little bit unique in the community and maybe
some of my neighbors would like to enjoy it with me ... my intent was never to deceive anybody
... everything was done legally... ". He noted that if he replaced the dome with another roof,
he wanted to know what material impact that would have on his neighbor's view. Regarding
his interest in astronomy, Mr. Thompson said he uses the dome when it's windy but also uses
his roof deck and driveway. Mr. Thompson said"... it seems to me that this discussion about
e the shape is ... really irrelevant. Because what I think what we're talking about here is fear and
Page 12 - City of Seal Deach · Planning (;olllllli..ion Minute, of April 21. 1993
e emotion. And I want you to pay attention to that because that's a lot different than talking
about the legal issues here and the fact that this was something that was legally approved and
the fact that you've approved every single other person in this community who's applied for a
Height Variation, and the fact that if you den y me that's discriminating ... II .
Chairman Fife asked Mr. Thompson to elaborate on a possible new roof, and its being the same
height as the dome? Could it be flat? Mr. Thompson said he didn't want to get II... hung up
on the idea of height", saying he was more concerned about the shape of the CRAS roof and the
fact it's still going to be there. He still needs to cover the area. He felt it would make very
little difference to his neighbors whether it's a dome or a pitched roof.
Commissioner Soukup, referencing the shape of the CRAS roof, asked Mr. Thompson if he
could chose between an industrial look or a residential look? Mr. Thompson said he couldn't
answer the question directly. His compromise solution was to paint it or to apply material to
the dome making it look more like the house's roofing material. None of his neighbors have
approached him with conciliatory ideas.
Mr. Thompson urged the Planning Commission to look at their deliberations carefully as this
issue doesn't only affect him, it affects many other people who will have hesitation about
building something and fear that what they've built may be reversed. This is not just an issue
of whether somebody likes the way a dome looks.
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Mr. Colantuono asked Mr. Thompson if he could provide a copy of his written bid for the
CRASs' reconstruction for the Record? Mr. Thompson said yes.
Mr. Colantuono asked if this was for the construction of an entirely new CRAS or are-roof?
Mr. Thompson said it would be for a new roof.
Mr. Colantuono asked Mr. Thompson if the telescope he said he used in his yard was a different
telescope than the one used in the CRAS? Mr. Thompson said the telescope he uses measures
eight inches long (8") by three and one half inches (31/2") in diameter. There is nothing
permanently mounted in the CRAS, his telescope is portable.
Chairman Fife asked Mr. Thompson how he uses the dome as an observatory, how does he get
into a position to open the roof to look at the sky, is there a cockpit? Mr. Thompson said he
has a ladder that goes up to the dome area. There's a floor there which is the appropriate height
above the door. There's a bench there for him to sit on with his telescope. He can't stand up,
he must sit on the bench.
Commissioner Dahlman asked Mr. Thompson whether when the dome was built did it meet the
spirit of the rule at the time? Mr. Thompson said he has never read an ordinance in which the
spirit of the ordinance is inherently talked about. The purpose of the dome was to provide
something that was unique and it was in the spirit of the ordinance because it covered the roof.
e He said
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Page 13 - City of Seal 8e.1Ch · }'J:mning COlllllli~~ion Minules of April 21. 1993
"If I had had any idea at time that it would be construed as something bizarre it wouldn't have
gone Upn.
Commissioner Soukup said the size of Mr. Thompson's telescope doesn't constitute, to him, an
avid astronomer. Commissioner Soukup said he has a 200 power telescope on a tripod and
different lenses and he is not an avid astronomer. He asked Mr. Thompson if the CRAS were
to be changed would it effect his hobby as an astrologer? Mr. Thompson replied it is not a
question of affecting his hobby, it's a question of his property. Commissioner Soukup asked if
Mr. Thompson felt his CRAS did more than allow access to his roof deck? Mr. Thompson said
it turns around, it allows him to see the stars, it shields him from the wind.
Commissioner Dahlman indicated this CRAS meets the new standards in terms of size but
testimony has stated that it impairs view, is situated peripherally and the roof doesn't match.
These are significant differences between what the Code now requires and what was built. Mr.
Thompson agreed, saying he studied all the CRASs the City previously reviewed. Every single
request for a Variance was approved.
Commissioner Sharp asked Mr. Thompson how much of the aluminum portion of the CRAS he
used to go out onto his roof deck? Mr. Thompson replied he has enough clearance and doesn't
use it at all.
Chairman Fife asked what is the elevation of the floor of the roof deck from grade? Mr.
Thompson said he didn't know. The elevation from grade to the top of the dome is under 32'. .
From the top of the dome to the floor of the roof deck is about 12'. The door is 6'8".
Mr. Thompson asked his wife if she had any comments she would like to make? Mrs.
Thompson said no.
Chairman Fife closed the Public Hearing.
Commission Comments
Commissioner Sharp said the Commission should grant the application with removing the
observadome and a new roof being installed. The observadome is inappropriate for the
neighborhood. He felt it wasn't the intent of the law that the observadome be put up in a
residential neighborhood.
Chairman Fife asked staff about the vertical height of the CRAS when and if a new roof is
installed. Mr. Curtis said if a pitched roof were put on, similar in pitch to the remainder of the
structure, it's possible the new roof would be about one foot shorter than it currently is; it would
not be a lot shorter than the dome is now. A flat roof would be substantially lower but a flat
style would not match the rest of the house. Commissioner Fife asked if there were CRASs with
flat roofs on houses with pitched roofs? Mr. Curtis said there may be one or two but he was
unsure.
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Page 14 - City of Seal 1Ie.1ch · ('Imming Commission Minll\"s of April 21, 1993
Commissioner Dahlman said this is an approvable structure as a CRAS but as it stands today it
cannot be approved. Ideally it should be centrally located but that is not feasible. But
everything possible must be done to minimize the view impairment and this would include re-
doing the roofing to match the remainder of the house, lowering the height by l' - 2' if possible,
and maintaining adequate access to the roof deck. Commissioner Dahlman commented to the
applicant that he had no problem with his having an observadome on the roof as long as it's
under the height limit.
MOTION by Dahlman; SECOND by Sharp to approve Height Variation #93-1 , staff's
Alternative #1, with the following conditions: require the applicants to remove the existing
observadome roof of the CRAS and install a new, pitched roof which is similar in type and
material to t.he rcmaindel' of the stl'uct.III'e's roof.
Mr. Colantuono recommended the Planning Commission address all three applications tonight
regardless of how anyone application is decided. The Commission can give staff direction
about the time. If the Commission is silent at this stage, staff would bring back a resolution
consistent with the Commission's finding on the amortization question.
Commissioner Soukup said he favored staff's Alternative #2 because that would more closely
reflect the original concept which the Planning Commissioners approved at a prior time.
Commissioner Dahlman said a dome-shaped roof would be lower in height. What the
Commission has approved since 1990 is roofing materials similar to the rest of the roof.
Commissioner Soukup said the dome-shape roof could be covered in similar roofing materials.
Commissioner Dahlman requested the applicant be asked if he would prefer Alternative #1 or
#2. Mr. Thompson said he would need time to review the two Alternatives before answering.
Commissioner Dahlman said he would then want to leave the motion as it stands.
MOTION CARRIED:
A YES:
5-0-0
Dahlman, Shm'p, Fife, Law, Soukup
Commissioner Dahlman said that if the Commission were to allow a variation from the rules on
height then the City would be subject to a flood of similar applications and the City would
eventually have a higher height limit that we have now. That would subvert the present
ordinance, the applicant cannot meet the requirements of it not being a special privilege and
therefore a Variance cannot be approved.
MOTION by Dahlman; SECOND by Shar'p to deny Variance #93-3.
MOTION CARRIED:
A YES:
5-0-0
Dahlman, Shm'p, Fife, Soukup, Law
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Page IS - City of Seal De:lcb · 1'1:U1llillg COllllni.<101I Minlllc~ or ApI il 21, 1993
Commissioner Dahlman said he agreed with the staff report's approach to count as amortization
time all the time since the observadome was built since he felt the applicant knew the
observadome was controversial from the start, even before it was completed.
Commissioner Soukup requested a review of the figures. Mr. Colantuono suggested the
Planning Commission use the numbers most favorable to the applicant that seem reasonable.
Given the high figures and the amount of time involved, even a high numerical figure is
consistent with staff's ultimate conclusion. The numbers the Planning Commission should use
are:
$7,000
$2,100
($3,500)
$13,000
Original Cost (Applicant's figure)
Installation Cost (Applicant's figure)
Salvage Value (Staff figure, undisputed by the applicant
and it was used when purchased).
Re-roofing estimate (copy of bid to be
provided by applicant).
$18,600
Total Value
The task before the Planning Commission is, are these calculations reasonable, is there an
element of value missing. If the figure $18,600 is reasonable, then how do you express that
number in terms of years of use? The courts have upheld other Planning Commission's
decisions that five (5) years was enough time for a substantially more valuable commercial
structure (a billboard valued at $50,000).
Chairman Fife said he had three estimates to re-roof his house needing 2000 square feet of
roofing and none of the estimates has exceeded $10,000. To re-roof 42.25 square feet should
not cost $13,000, even to build the structure.
Commissioner Soukup asked if the new roof be amortized over the life of the home? Mr.
Colantuono said the Commission is not amortizing the new roof, they are amortizing the value
of the observadome. When you value something you value how much it takes them to get it in
place (purchase and installation), then you value what's left over (applicant could sell
observadome), then you value what it will take to install a new roof on his house.
Commissioner Dahlman said the cited precedent is about $10,000 per year and if it has been
three years and the value is less than $30,000 then the amortization period has already expired.
Mr. Colantuono said this is a reasonable conclusion.
Chairman Fife said he felt the amortization period should be sixty (60) days from the date of
final Commission action, which would include any appeal to the City Council. He felt the
applicant would want to appeal and that would eat away at the sixty day period. The clock
should start to run when all that is done.
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Page 16 - City of Senl Be:tch · 1'1:llll1ill1( COlllllli.~i(J1I MII\lIle~ of ^I,ril2l, 1993
Mr. Whittenberg said once an appeal is filed that stays any Commission determination until a
decision is made by the City Council.
MOTION by Dahlman; SECOND by Sharp to determine that three years has passed since
the observadome was built, that is enough time to amortize $30,000 of use, the amortization
period is determined to have expired fOl' this use sixty (60) days from the date this decision
is final.
Commissioner Law asked how long does the applicant have to actually take the observadome
off? Mr. Colantuono replied that on the sixty-first (61) d~y the applicant no longer has a right
to maintain the observadome and would be in violation of the law and the City could prosecute
him for this. In practice, however, the City works with people to bring them into compliance
with the law because it's better to achieve voluntary compliance than to go to court. The City
would look for the applicant to be making diligent efforts to be well on his way.
MOTION CARRIED:
A YES:
5-0-0
Dahlman, Sharp, Fife, Soukup, Law
Mr. Whittenberg stated the applicant's appeal rights, noting staff will be preparing a resolution
that will come back to the Planning Commission for final adoption. On adoption, that will start
the clock running on the ten (10) day appeal period. Because Mr. Colantuono will not be
present for the May 5th Planning Commission meeting, staff will bring the resolutions back on
May 19th. If adopted the appeal period would start that evening.
***
8. Zoning Text Amendment #92-6
Proposed Amendment No.2
Staff Report
Mr. Curtis presented the staff report. [Staff report on file in the Planning Department]. Part
1 would establish setback requirements for specified types of non-habitable, detached accessory
structures. Part 2 would increase the allowable height of property line walls from eight (8') feet
to ten (10') feet on major arterial streets and abutting certain vacant non-developed areas of the
City.
Commission Comments
Commissioner Dahlman asked if the Gold Coast (Ocean A venue, east of the pier) is included,
does that mean the rear yard wall can be ten feet high? Mr. Curtis said no.
Commissioner Soukup asked if the study on higher walls/decibellevels included the step down
to the side wall diminishing the effectiveness of the wall? Mr. Curtis said no, at the time the
noise study was performed there were no situations where this was allowed so it was not
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Page 17 - City of Sealllcnch · I'I.,ming (;oll\n",o,on Minnl". of AI'"I 21, 1993
factored in. The Orange County Health Department performed the study, but they no longer
perform this function. The City would have to hire an outside contractor now. The County
indicated that noise which is coming from your line of site is cut down I decibel per foot above
eye level. Mr. Curtis thought that would be applicable to noise coming to you from the side.
Chairman Fife said he remained concerned about flatly prohibiting building to the property line
where that property doesn't abut any other privately owned property. Commissioner Sharp had
mentioned the five foot setback would most likely become trash/junk zones. Mr. Curtis said
staff discussed this with other cities and read their codes. The minimum rear setback provided
was five feet. Staff believed if building was al10wed right to the property line that could have
aesthetic impacts on streets and vacant properties. With a five foot setback, the line of sight
blocked by the wal1 would diminish the size and view of the structure. A five foot setback is
more functional than a lesser setback. Commissioner Sharp said he agreed with Chairman Fife,
stating cars on Pacific Coast Highway barely have enough time to look at what's built and
building to the property line should be no problem. Commissioner Law said she didn't see a
problem with building to the property line as long as there would never be anything built on the
abutting street or vacant land.
Commissioner Law asked about sunscreens, asking in any portion would be a solid roof'? Mr.
Curtis said patio covers would al10w solid roofs.
Chairman Fife said the City should retain the right to build up to five feet (setback) but allow
building to the property line with a Conditional Use Permit, accounting for aesthetics and other
issues.
The Commission should not flatly rule this out or flatly make it possible. Commissioner Law
agreed.
Mr. Whittenberg suggested an alternative, allowing a structure to be built at the property line
where it abuts a street at an eight foot height. Then allow, as the structure gets further back
from the property line, that the height could increase one foot in height for every additional foot
of distance from the property line. Chairman Fife said he felt the Planning Commission must
review each proposal on a case-by-case basis because all the variations cannot be predicted.
Public Hearing
Chairman Fife opened the Public Hearing, no one wished to speak in for or against ZTA 92-6
and the Public Hearing was closed.
Commission Comments
Commissioner Sharp said he favored a plan whereby any building closer than five feet from the
rear property line would have to be reviewed by the Planning Commission.
Mr. Whittenberg advised the Minor Plan Review process would also allow the Planning
Commission to review such proposals. The Minor Plan Review process requires notification of
.
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Pag~ 18 - City or Beal Deach. Plmming CommiN<ion ~linlll"N of April 21. 1993
all property owners within 100' feet of the site and is a non-Public Hearing item. The Minor
Plan Review process is not Noticed in the newspaper. The CUP process requires the notification
of all property owners within 300' of the site and a Public Hearing. The CUP process is more
intensive for both staff and applicants. The Minor Plan Review
process notification would most likely involve one or two homes on either side of the subject
lot.
Commissioners Sharp and Law felt the Minor Plan Review noticing would be sufficient.
Chairman Fife said he felt the CUP process would be better, citing as an example, the width of
Pacific Coast Highway might preclude notification of a property most affected by a proposal.
Mr. Curtis said the people most affected by building right to the property line would be people
living across major streets and people living in houses across large open spaces --- not
necessarily the adjacent neighbors.
Chairman Fife said he didn't anticipate many applications because these are non-habitable
structures. But for those who do want to apply, it's worth doing so through the CUP process.
Commissioner Dahlman asked if this would include the Gold Coast, where the backyards are on
the beach? Mr. Curtis said staff did not intend to change those fence heights at all, but to leave
them at six feet (6') as they are now.
MOTION by Fife; SECOND by Law to recommend the adoption of Zoning Text
Amendment #92-2 with the addition of a sub-paragraph l(a) to read:
Pursuant to a Conditional Use Pennit to build within the nonnalfivefoot (5')
setback proJ'ided that the applicant satisfies the conditions of paragraph 1 and
such other cOlUlitions'as are imposed by the Conditional Use Pennit process.
The non-habitable stmctul'es would be allowed between the property line and a five foot
(5') setback only on those properties which abut major a11erial streets and properties that
can never been developed as defined in municipal Code Section 28-2316.2(H).
MOTION CARRIED:
A YES:
5 - () - '0
Fife, Law, Soulmp, Dahlman, Sharp
Mr. Whittenberg said staff will come back to the Commission with final resolutions for
consideration at a future meeting.
ORAL COMMUNTCA TIONS
There were no oral communications from the audience.
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Page 19 - City ofSellllle.1ch *1'1:ulIIing Commi'Rion MinuteR of ^p1l121, 1993
STAFF CONCERNS
Mr. Whittenberg indicated the Planning Commissioners were presented with updated, complete
General Plans by the City Clerk's Office.
Mr. Whittenberg indicated this meeting should be adjourned to May 3, 1993 at 7:00 p.m. for
a scheduled workshop to discuss the issue of parking on Main Street. This was scheduled by
the City Council.
Ms. Fillmann asked if all the Commissioners had copies of the recent parking study. Staff will
provide copies, prior to May 3rd, to any Commissioners not having a copy.
COl\1MISSION CONCERNS
Beach Curfew
Commissioner Soukup said a 10:00 p.m. curfew has been imposed for the beach and asked if
this included the strand and pier? Mr. Whittenberg said the City Council Ordinance says you
can't be on the beach after 10:00 p.m.
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Commissioner Dahlman said it's a sad thing that our personal freedoms have to be impinged this
way because of the behavior of a few. This is a poor solution to a problem that goes much
deeper than City rules. It will never end --- we will never quit limiting our freedoms because
there will always be violence and crime. We need to address the issues of violence and crime
more directly.
Archaeological at DWP
Commissioner Soukup, referencing the DWP property, asked what the City is doing with respect
the archaeological aspects of this property? Will the shell midden be classified as a site? Mr.
Whittenberg said staff is reviewing this matter with the UCLA Archaeological Information
Center to see what process would need to be gone through to have this site recorded. No
response has been received to date. Staff will report that information to the Archaeological
Advisory committee
Fly Over of the Bixby Site
Commissioner Sharp asked for a status report on this fly over. Mr. Whittenberg said
Council member Laszlo has indicated he would prefer to be responsible for the scheduling of
those types of activities since the site is in his district. Council member Laszlo's intention is to
have the fly over occur before any hearings take place.
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Leaning Brick Wall at Seal Beach Blvd.
Commissioner Sharp asked for a status report on this leaning brick wall. Mr. Whittenberg said
a tremendous amount of discussion and review has taken place by the City Attorney's Office and
the City's liability attorney, Ivan Stevenson. A survey needs to be done to determine if the wall
is on City property.
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Page 20 - City of Seal JJcach · Planning Conlllli'Rion I\lInnl"8 of ApI il 21, 1993
Stark Lawsuit
Commissioner Sharp said he noticed this lawsuit did not include the Planning Commission over
a decision that the Planning Commission made. Chairman Fife indicated he and Michael Cho
have been through attempted disbarment proceedings at the State Supreme Court level. Mr. Fife
received an Order from Chief Justice Malcolm Lucas saying motion to disbar attorneys denied.
Trailer at Water Tower
Commissioner Dahlman requested a status report on the trailer parked by the Water Tower. Mr.
Curtis replied staff inspected the site and is sending a letter this week.
ADJOURNMENT
Chairman Fife adjourned the meeting at I 1:05 p. m.
Respectfully Submitted,
qD~~
Joan Fillmann
Recording Secretary
NOTE:
These Minutes are tentative until approved.
APPROVAL:
The Planning Commission Minutes of April 21, 1993 were approved by
the Planning Commission on May 5~ 1993. ~
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April?, 1993
City of Seal Be~ch Plar:ni:lg Commission
- SU8l\11ITEO FOR RWlQ 1
1i31~ e RR.t Date 1993
Ander~~'" ~-~~-~ =:1
City of Seal Beach
211 8th Street
Seal Beach, CA
Attn: Chainnan and Honorable Planning Commission
Re: Height Variation 93-1, Variance 93-3 and Detennination of Amortization Period
1305 Sandpiper Drive
I am writing this letter so that it can become a part of the pennanent record. I believe that the
requests for Height Variation 93-1 and Variance 93-3 should be denied. I also believe that
establishing an amortization period is inappropriate, and the observatory dome should be
removed, with the work being completed within 90 days. The following briefly summarizes my
concerns and the reasons I believe these proposals should be denied.
The Seal Beach Municipal Code states:
In reviewing an application, the Planning Commission shall consider the following criteria and
make findings thereon:
(a) Whether such variation is appropriate for the architectural style of the building.
(i) Whether all roofing materials of a covered stairwell to an open roof deck
are in substantial conformity with the roofing materials of the remainder of
the structure.
(ii) Whether a covered stairwell to an open roof deck is located along
peripheral exterior walls of the structure.
(iii) Whether a covered stairwell to an open roof deck is limited to the minimum
area, both horizontally and vertically, necessary to cover the stain~'el/.
(b) Whether such variation is appropriate for the character and integrity of the
neighborhood.
(c) Whether such variation significantly impairs the primary view from any property
located within 300 feet.
(d) Detailed and complete plans for the proposed work.
This request clearly does not meet the aforementioned findings in that:
1.
An observatory dome is inappropriate on a residence. This is a functional dome
and not an architectural feature.(a)
The dome is metal and does not match the existing shingles.(a)(i)
The CRAS is located at the nort west comer of the structure.(a)(ii)
h
2.
3.
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MR2,_
4.
5.
An observatory dome is not compatible in a residential neighborhood. (b)
The observatory dome is not shown on the approved elevation drawings.(d)
The Seal Beach Municipal Code states:
To approve the requested Variance the Planning Commission must determine:
(1) Such variance shall not adversely affect the general plan;
(2) Because of the special circumstances applicable to the property, including size,
shape, topography, location or su"oundings, the strict application of this chapter
deprives such property of privileges enjoyed by other property in the same vicinity
and zone;
(3) The granting of such variance shall not constitute a grant of special privilege
inconsistent with other limitations upon other properties in the same vicinity and
zone.
Once again the request does not meet the aforementioned findings in that:
1. The size and shape of the aforementioned property is consistent with other lots in
the neighborhood.(2)
2. The granting of a variance would give a special privilege.(3)
It is my understanding that nonconforming structures are generally amortized for a reasonable
period. I believe that the amortization schedule has expired because during the initial phase of
construction it was represented that the observatory dome was purchased in a used condition for
approximately $2,000. The dome has been in place in excess of three years which I feel is more
than enough time to recover the initial cost. I request that the Planning Commission direct the
property owner to remove the observatory dome within 90 days of this date.
It is incumbent upon the Planning Commission, as the appointed planning authority for the City of
Seal Beach, to ensure that the objectives of the General Plan and laws established in the Zoning
Code are upheld to the fullest extent possible. As is evident, the proposals before you this
evening do not meet the minimum findings established in the code; therefore, the -Commission has
not only a legal obligation but also a moral and ethical obligation to deny these proposals.
I request that the Planning Commission state their reasons for any findings for either approval or
denial so they also become a permanent part of this record.
Sincerely,
C\~ ().. ~..."-- ..~.._
, \ \ -....
Jerry Andersen
1301 Sandpiper
Seal Beach, CA
City of Seal Beach Planning Comrr.;:z;:n
SUBMITTED FOR RECORD
~yb. (lR iF Date l\PR 2 t ~
-.-
..
April 19, 1993
Planning Commission
City of Seal Beach
211 Eighth st.
Seal Beach, CA 90740
Re: Height variation 93-1, Mark and Elizabeth Thompson, 1305
Sandpiper Drive, Seal Beach.
Dear Commissioners:
It has come to my attention that on Wednesday, April 21, the above-
referenced application will be heard at the Planning commission
meeting.
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I wish to state that, in my op1n1on, the application of Mr. and
Mrs. Thompson should be granted as requested. It is unfortunate
and unfair that they, along with over one-hundred homeowners, have
been forced to apply for variances for Covered-Roof Accesses which
were approved by the City in the first place. It is not right for
the City to enforce an ordinance retroactively. Neither is it fair
to penalize the homeowners by amortizing an approved use.
I am also aware that in every instance up to now, the commission
has granted approval for every application presented before you.
The Thompsons are entitled to the same consideration because their
CRA was permi tted under the old statute. It is a legal,
non-conforming structure.
Finally, I see nothing wrong with the dome. It blends
appropriately with the rest of the Thompson's house. I don't see
how it can be detrimental to anyone else in the neighborhood. It
doesn't block anybody's primary view. Frankly, I don't see what
all this fuss is about. Approve this application!
fb:::r
203 7th st.
Seal Beach, CA 90740
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City of Seal Beach Planning Commission
SUBMIITm FOR RINR~
81h~ He.~~~ate 1 _
April 20, 1993
Planning Commission
City of Seal Beach
To Whom It May Concern,
I live right around the corner from the Thompson's house at 1305
Sandpiper and happen to love their home, including the dome. It is
visible from my address at 1235 Catalina Avenue and I find it to be a
very attractive piece of architecture. In no way, shape or form do I
find the architecture of the Thompson home, and in particular, their
covered roof access structure, to be inappropriate.
Since I have only moved to the neighborhood over the last year and
a half I have no idea as to the history of their house, however, it is
my understanding that the Thompsons had received all the necessary
permits to build their home and went through all the normal channels of
approval which were required at the time. It seems a little ridiculous
that they would have to go through an application process allover
again.
As a member of the Seal Beach community it certainly would be my
recommendation to approve the height variation as requested and allow
the Thompson's dome to remain as is.
s: ~ yours,
Ira Hermann
1235 Catalina Avenue
Seal Beach, Calif. 90740
(~\~\""~\ -'Pt~)
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City of Seal Beach Planning Commission
SUBMITTED FO~ ;iECORD
Byl<()~('J"i,,~ Date APR 2 1 1993
1220 Catalina Ave.
Seal Beach, CA 90740
Apr i I 20, 1993
Planning Commission
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Dear Planning Commission,
I am writing this in response to the public hearing notice I
received regarding the height variation requests for the
covered roof access structures (CRAS) constructed atop the
residences at 705 South Shore Drive and 1305 Sandpiper
Drive.
e
Although I was at your meeting of 7 April 93 expecting to be
able to verbally express my concerns, I am unable to attend
your 21 April meeting to which this issue was postponed.
My family and I reside at 1220 Catalina Avenue from which
both of these structures cited above are visible. The fact
that both of these residences exceed normal height
limitations with so called CRAS is of concern to us.
Allowing this type of construction greatly adds to the
visual clutter of the horizon which we find to be
objectionable. The Old Town area of Seal Beach has
proliferated with CRAS construction which I would not want
to see in my neighborhood.
I would urge you to do whatever is necessary to eliminate
the construction of CRAS not only in my immediate
neighborhood but throughout all of Seal Beach as a means of
enhancing the architectural appearance and style of
residential construction in our city. Allowing the
construction of CRAS invites and encourages poor
architectural design at the expense of the surrounding
residents who must then look at this every day. Just the
fact that these CRAS are referred to by the public and media
as "dog house additions" is a clear indication that they do
not enhance the appearance of Seal Beach but rather satisfy
~ the narrow Interests of the owner. ~
Hal KURKJIAN
Planning Commission
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
April 5, 1993
Dear Commissioners:
- 'af hI Beach Planning CommissIon
A -;~0 'P0R 1~.ffIGRD
_~ f'tlte:-'-~O~_ AM 2 1 1993
.
I would like to add my views to those of my neighbors on the structure located at 1305 Sandpiper Drive, which is located
directly behind my home at 1310 Catalina Avenue. I am particularly interested in the dome presently atop the doghouse.
1. I do not recall any notification of the plans to build either the doghouse or, more specifically, the dome that sits on it. I
have recently seen a drawing that may have been meant to represent the proposed addition to the building. Because the
drawing is not to scale, it very deceptively represents a small doghouse surmounted by a comparatively flat dome,
something that in no way suggests an observatory dome. The actual silhouette is very different from what is shown in the
drawing.
2. I have also recently seen the Minor Plan Review Application, filed in May 1989, which describes the improvements
proposed as a "2nd story room addition, 1 bedroom, full bath, den," with no reference to a deck, a doghouse, or an
observatory dome containing a telescope. Although the "yes" response to the question if "the proposed improvements
[are] appropriate for the character of the surrounding neighborhood" is correct for the improvements specified in the
application, it requires a leap of faith to see how the dome is appropriate for the character of the surrounding
neighborhood. Again, although the "no" response to the question whether approval would "be in any way detrimental to
other property in the vicinity" is accurate for the improvements specified in the application, I believe that the doghouse with
its prominent dome is definitely detrimental to the other property in the vicinity. Besides being obviously unlike anything
else in the area, it is intrinsically unattractive.
3. The wording in the Notice of Public Hearing continues to obscure the true appearance of the structure. The "existing
31 foot high covered roof access structure" is a tall doghouse surmounted by an observatory dome containing a
telescope. The dome is obviously not necessary for access to the roof.
e 4. Because I live immediately behind the residence at 1305 Sandpiper Drive, I believe that I am at least as much affected
by this structure as are any of my neighbors. Although several photographs of the doghouse and the dome have
appeared in the newspapers, the best view of all is from Crest Drive, from which one can see my one-story home with the
minaret-like structure looming above it. Although I do not expect my neighbors to attempt to increase my property value, I
do expect them not to build in such a way as to lower my property value. The angle of sight may prevent someone's
peering into my bedroom windows, but the view from my rooms, which used to be of open sky, is now dominated by this
new structure. Furthermore, use of my back yard, dominated as it is now by the dome containing a telescope, is very
uncomfortable as I can no longer feel assured of some measure of privacy. Although I would strongly argue that everyone
should be entitled to free and unrestricted use of personal property, I also believe that I should not effectively lose free and
unrestricted use of my property so that my neighbors can enjoy their rights.
5. I cannot imagine that the residents at 1305 Sandpiper Drive were not aware as they planned the doghouse/dome that it
would become a subject of heated controversy. I therefore cannot understand why they did not, in advance of
construction, talk to their neighbors and receive all required city clearance. Responsible individuals voluntarily restrain
themselves from actions that are detrimental to the welfare of other people in the community.
Thank you for your attention. I regret that word of the hearing reached me only this afternoon, so I have not been able to
arrange to attend.
Sincerely,
~
.- Arthur M. Axelrad, Ph.D.
1310 Catalina Avenue
Seal Beach, California 90740
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^~ WORLD SAVINGS
"<::s~ AND lOAr~ ASSOCIATION
City of Seal Beach I"'lanning Commission
SUBMITTED FOR RECORD2 .
~.Y SHIEL.DS Date APR 1_
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PLANNING COMMISSION
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
April 2, 1993
Dear Commissioners:
.
I believe the Observatory Dome located at 1305
Sandpiper should be kept as a "conform, or remove"
decision. Of all of the (99) pre-existing roof access
structures that did not meet the new code passed over 2
years ago -- this one does not meet any of the criteria
for a variance. It does not conform to the surrounding
neighborhood, it significantly impairs the view of all
adjoining neighbors, it's roofing material does not
conform with the rest of the roof, it is built along a
~eripheral wall (therefore more obtrusive), and finally it
1S not limited to the minimum area, both horizontally, or
vertically necessary to cover the structure.
Regarding the Covered Access Roof Structure located at
705 Southshore - as a resident within 300 feet - I do not
consider this in the same "league" as the Dome Problem.
While it's size .is way out of compliance, this seems to be
offset by the fact. .tha,t it is' co.nforming in every other
respect, including being loca~ed.in the center of the roof
deck which minimizes.the impa~t on view.
Sincerely,
a~
Alan Shields
1300 Catalina Ave.
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CO,l:l \11:,:1. CaJiforlua 92626
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fSL\ ~Iember uf Gulden \le'l fmanClal CorporatIOn
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July I I. 1991
BUSINESS &. REAL Es'J
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Seal Beach survey puts 99 ~
residences in the 'doghouse'
The Seal Beach City Council 13th, 216 13th, 211 14th,242
approved new standards for cov- 14th. 209 15th, 252 16th, 254
ered roof access structures 16th, 307 16th, 325 161h, 340
(CRAS) also known as "doghous- Coastline.
es" last January. 1407 Electric, 170 I Electric,
The provisions require some- 1703 Electric, 1705 Electric, 1707
one wishing to construct a CRAS Electric, 1709 Electric, 1711 Elec-
to first obtain a height variation tric, 1713 Electric, 1715 Electric,
from the planning commission. 101 Ocean, 103 Ocean. 105
The planning commission must Ocean. 107 Ocean, 301 Ocean,
consider whether the proposed 311 Ocean, 404 Ocean, 1514
CRAS ~s ap.propriate for the Ocean, 1605 Ocean, 1607 Ocean.
~chitechtural style of the build- 1637 Ocean, 1305 Sandpiper,
.i.!!B.: The Commission takes into 1215 Seal Way, 1601 Seal Way,
account whether a proposed 228 Seventh, 232 Seventh. 705
eRAS has similar roofing materi- Southshore.
als to thCbUilding, is located The following are Surfside
ilorig an exterior side wall and is houses not in standard compli-
limIted in size to the minimum ance:
area necessary to house the stair- A-6, A-7, A-19, A-25, A-52,
well. . A-62, A-63. A-73. A-83, A-84, A-
---y{ecently, the Commission con- 86, A-87, A-88, A-95, A-96, A-
ducted a survey of existing 109,
CRAS's within Seal Beach. Own- B-7, B-17, B-26, B-27, B-28,
ers whose doghouses do notean: B42, B-44, B49, B-73, B-76, B-
fOiiTlto new regulations must SO, B-Sl, B-S3, B.90, B-91, B-97,
either: B-99, B-IOO, B-IOI. B-102, B-
---;applt-for a height variation 113,
. bring the CRAS into confor- C-3, C-7, C-8, C-9, C-14, C-
!"ity with new provisions IS, C-23, C-24 , C-27
· remove the CRAS within one Covered Roof-Access Structures
year of standard adoption, which ill Standard Compliance
was Jan. 28. (listed by address)
The survey located 134 exist- 239 5th, 123 6th, 226 8th, 331
ingCRAS's,350fwhichmeetthe 10th, 333 10th, 114 13th, 214
new criteria. 13th. 228 13th, 320 14th, 234
The following list renects the 16th, 720 Carmel, 940 Catalina,
134 CRAS's identified in the city 400 Central, 707 Central, 1514
survey. Questions regarding the Marine, 1530 Marine,
new provisions should be 300 Ocean, 1207 Ocean, 130S
addressed to Barry Curtis in the Ocean. 1(4) Ocean, 1501 Seal
Department of Development Ser- Way. 1507 Seal Way, 1613 Seal
,vicvt431-2S27. Way.
/Cm'ered Roof-Access Structurl!S') The following ale Surfside
~ ~ in Smndard Compliance ../ houses in standard compliance:
(ifsied-byacItlresS) -.- A-19, A-48, A-55, A-76, A-80,
120 1st, 206 3rd, 117 4th, 240 A-85, A-117, B-72, B-82, B-118,
5th, 242 5th, 242 6th, 244 6th, 253 C-28, C-29.
6th, 255 6th, 124 Sth, 126 8th, 308 This report was supplied by
8th, 31S.lOth, 320 10th, 112 11th, the Seal Beach Department of
114 11th, 206 11th, 112 12th, 116 Development Services.
.
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'1;144 Sequoia. Cypress
t. . '''''628.91501c1l0l$314,500
Listing Agent:
r ..I!"y I)cl:.nm. ERA ~nc.., & l115lXrales
Selling Agent:
" >thy Dckln5on. ERA ~nc.., & 1115lXlales
~ Bedroom. 2 5 ballls. limly room
4Z7Z Candleberry, I
ElClllW Cb!ed 627 91 CIoIed rod
Listing Ager
I!enI1a TIfIZ. CoIlegI
Selling Ager
Datil! Black. Wf!5l!<
3 bedltlll\ 2 balh charrT'fll !
616 Seabreeze.' bedroom,
. 1.75 bath. atrium, model.
Priced to 8elll
1629 Ocean.
Steps to the Beach
$389.000
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SUBMITTED FOR RffROR2 1 _
1By. HIiIeJ<. Date
7W"bMPSo~ ~ .
REOUEST FOR APPROVAL
Heiaht Variation 93-1
Mr. Chairman, members of the Planning Commission. My name is Mark
Thompson and my wife Betsy and I are the applicants for the
property at 1305 Sandpiper Drive. Last week I spent several hours
reviewing the videotapes of past Planning Commission meetings... I
just want you to know that I think the Staff and Planning
Commission have done a commendable job in reviewing and approving
these applications.
We are applying for a height variation, primarily because we
received a letter in January from the City Attorney, in which we
were threatened with a penalty of one thousand dollars a day or up
to six months in jail, or both, if we did not apply. We should not
have been compelled to apply for something that was already
approved. I know this commission has heard that argument from many
who have preceeded us. Some of YOU questioned the legitimacy of
this policy.
We've reviewed the staff report. It is clear that Staff does not
have any negative feelings about our application. It says right
here on page 7 in big, bold type: RECOMMENDATION "Pleasure of the
Commission." Staff has no recommendations. So, here's my
recommendation. Let us keep this. We're keeping this because we
agree with your option #3. Your option #3 is-- to approve our
application with no changes. That is the option you chose for the
98 other property owners in Seal Beach. We think it's a great
option and here's why we think it is:
The City approved this three years ago and we've got a permit
for it. Then, the City changed the statute. So now what we
have-- is a legal, non-conforming use. But I can't think of a
stronger reason to approve our application than this:
We are the last of 99 property owners in town who have been forced
to apply for a height variation. Of the 98 applicants who have
preceeded us, and have appeared before you, everyone, every CRAS
was approved as built, without exception. Why shouldn't we be
granted the same privilege as all the others? If the members of
this commission choose to deny our application after approving
everyone else in toWD, is there any doubt, that you would be
selectively enforcing this newly revised code and therefore
discriminating against us?
So, we request you approve this application and allow our home to
remain as is. It is a fact that our addition has enhanced the
value of our home. We've spent a lot of money improving our home.
We're real proud of it. Anyone who owns a home and has invested a
lot of time, money and love in it should understand exactly how we
feel.
.
.
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Amortization and Other ODtions
Now let's take a few minutes to study this amortization option,
discussed on page 6 and in attachment 3. I know amortization is
used to abate commercial signs. The case that the city attorney
refers to in his memorandum discusses this. But all of us need to
think long and hard before we decide to start practicing
amortization as a policy that should be applied to Seal Beach
homeowners. with all due respect, we believe this is a terrible
option. It's totally unfair to us. It doesn't solve the problem--
it complicates it. Here's why:
Staff recommends the consideration of several factors in setting an
amortization period. Since staff did not consult with us ahead of
time as to the estimates of the costs and values, let me provide
some accurate figures for you.
#1, the original cost of the observadome was $7,000. #2, the cost
to install it on the structure was $2,100. #3, I have no idea what
the current salvage value is or even what that means, and #4, the
cost to construct a new CRAS according to our building contractor
(and I have a written bid here) is $13,000. The total value then,
would exceed $22,000!
If the commission were to accept the recommended amortization
period, we would not comply with this option. It's not only
unreasonable, it's downright punitive. Even if we could afford to,
why would we want to diminish the value of our house and lose our
investment? Why would anyone agree to do that at their own
expense? You haven't recommended amortization to any of the other
applicants. Why us?
Please consider for a moment what a dangerous precedent this would
set, if the City began using amortization as a policy of code
enforcement. The door would be wide open for this commission to
revise any building code and put other property owners in jeopardy
of having to make expensive changes after their plans had already
been approved. One could reasonably argue: Then what is the point
of obtaining a building permit in the first place?
We've read the other options, too. Options #1 and #2 are both
unfair. We shouldn't have to reroof, because you've already
approved it... and it would still cost us $13,000 to replace the
roof. Finally, we think Variance 93-3 is just unnecessary.
.
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Plan conformity
Now, before I sit down I do want to resolve one outstanding issue.
There seems to be some doubt about whether we conformed to our
plans. Here, again, there should be no question. Our plans were
submitted to the Planning Department in May of 1989. As it states
in the report, we were required to apply for a minor plan review
because the "property's garage was of inadequate size, etc."
Everyone within 100 feet of our property was properly notified in
advance of construction.
Under the old code, it was not necessary to obtain a height
variation for a covered roof access, just as long as the structure
remained within the maximum seven feet allowed to cover the
stairwell to the roof deck. Which ours was, and is. Also, and I'm
quoting from the staff report on page 4, "the existing CRAS has an
area of approximately 30 square feet. "Habitable" space has been
defined as a room having a minimum area of 70 square feet, and a
minimum head clearance of 7.5 feet." No one could live in our
CRAS, much less stand up in there. I know some people have pointed
out-- that in the memorandum no mention was made specifically of
the Covered Roof Access, but the plans clearly illustrate a covered
roof access to the deck and these plans were passed by the
Commission on June 6, 1989.
Now let's talk about those plans for a moment. I contend that
we have a very qualified planning department. They understand what
they're looking at. They know the codes and they did not have any
problem with the plan. We went through all of the proper channels.
It was done in good faith and was in accordance with the statute in
force at that time. On October 31, 1989, the building department
requested that the "spiral stair shop drawings and dome drawings
be submitted to the city for approval prior to installation."
When these detailed plans were submitted they were approved. The
proof is the fact that we have the permit, dated December 15, 1989.
This entire process is clearly documented in attachment 5B of the
staff report.
Now, about halfway into the construction of the tower and the dome,
our next-door neighbor, Mr. Anderson, began complaining to me that
he didn't like it. Then he complained to the planning department.
Finally, when he complained to the City Council and accused us of
misrepresentation, the City Attorney stated that there was no
evidence of misrepresentation on our part. So, the project was
allowed to continue through construction, inspection and ultimately
it was signed-off on June 14, 1990.
,
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Proposed Solution- A ComDromise
In conclusion, I want to point out here that after all, what we are
talking about is a roof-- a silver-domed roof which is just six
feet in diameter. It provides shelter in bad weather, and it never
leaks. I wish I could say the same thing for other areas of our
house.
I do understand that a few people may not like the dome. On the
other hand, many of our friends and neighbors think it's great.
Everyone is entitled to his opinion, but people should know-- it
was not our intention to offend or upset anvone when we installed
the dome. How someone could believe that we would deliberately do
such a thing is beyond our comprehension. Now, I realize that in
keeping with the new ordinance, it is the City's goal to have the
roofing material of a CRA match that of the rest of the house.
Please remember that at the time of our remodel this requirement
was not in the code. But now it is-- and we do appreciate the
intent of this new provision. And as much as we personally like
the dome, just the way it is-- and we feel that it does fit
architecturally with the rest of our home, we have learned that it
is, apparently, a matter of aesthetics-- and in this case, I guess
beauty is in the eye of the beholder. I am not so stubborn that I
wouldn't consider some kind of compromise if it would bring peace
back among neighbors.
If the issue here is the color of the dome, if my neighbor doesn't
like shiny aluminum, for example, we would be willing to paint it,
or perhaps we could put some kind of material on its surface so
that it more closely conforms to the rest of the roofing on our
house. This would be a practical and affordable solution to the
problem. Let's try to work together and find a way to settle our
differences equitably. Maybe this way, we can ALL end up winning.
Thank you.
Mark A. Thompson
1305 Sandpiper Drive
Seal Beach, CA 90740
4/21/93: Text of speech/ Planning Commission meeting
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WE, THE UNDERSIGNED RESIDENTS. OF SEAL. BEACH, ARE. OPPOSED., 'it."
PORTION OF.. A STRUCTURE EXCEEDING.., THE" STA'l'BD!'HEIGH'l'" LIM:E~
RESIDENTIAL:.. DiSTRICTS... SUCH STRUCTURAi:._ APPENDAGES"".. ~CREA'J.!Ei~. ...,
IMPACTS OF AN... UNAESTHETIC' NATURE WHICH REDUCE. . LIVING. ENJO
QUALITY OF 'NEIGHBORHOOD APPEARANCE, AND MAY' HAVE.' A ~~~..
IMPACT 'ON RESIDENTIAL PROPERTY VAWES.- WE ADVOCATE:' . 'r..
APPROPRIATE ORDINANCE AMENDMENTS AND POLICY DIRECTION BE ENACTED'l;:"".. . f"":
ELIMINATE THE POTENTIAL FOR ANY FUTURE REOCCURRENCE OF SUdil!r!-i.{~ :' ".
NEGATIVE IMPACTS ON OUR NEIGHBORHOODS. . '. '. ....... .'tt.:-, .
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WE, THE UNDERSIGNED RESIDENTS OF, SEAL. BEACH, ARE OPPOSED!:.
PORTION OF A STRUCTURE EXCEEDING~, THE~ STATED.: HEIGHT' LI ~"'.
RESIDENTIAL - DISTRICTS. SUCH STRUCTURAL:' APPENDAGES~~' CREA'1'..
IMPACTS OF AN- UNAESTHETIC NATURE WHICH REDUCE' LIVING ENJO '
,QUALITY OF NEIGHBORHOOD APPEARANCE', AND MAY:, HAVE:. A. NE'"
IMPACT ON RESIDENTIAL PROPERTY VAWES'. WE' ADVOCATE5.;"~'::,!' ,
APPROPRIATE ORDINANCE AMENDMENTS AND POLICY DIRECTION BE ENACTE ':,~ '6~~~'
ELIMINATE THE POTENTIAL FOR ANY FUTURE REOCCURRENCE OF' ~ SU~ to ~ ~:-;.~'
NEGATIVE IMPACTS ON OUR NEIGHBORHOODS. -':~'~f-~~::i*;'~t~:~,,-
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WE, THE UNDERSIGNED.i.RESIDENTS OF- SEAL, BEACH~.. . ARE'-OPPOSED.:f'~;
P.ORTION.~.. .OE:';::..A:'STRU~..Ei.CEEDINGii,', T!I&";1~,-J S.'1'AfiQ:eBB~GHT LId
RESIDENTIAL", DISTRICTiJ.~:~~~Sit:eH~;':S&fi~AP.~..:. CRQ":
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IMPACTS" . OF.:. Alf::' UNAESTBBTIC; NATUREt: WBICI{",REDUC."i;l:' LIVING ENJQ
QUALITY' OF. ':NEIGHBORil~r>~~;APP~CE:,:.'. ?df~~::;;MY<<,~k.~VB . ~ ..........
IMPACT ON~:"'RBSIDENTrAtt.:~-""PROPEltT~,'" "VALm:S".'. '-~':;:'''WB:: ADVOCATE
APPROPRIATE -ORDINANCE" AMENDMENTS:"'AND POLICY: 'DlRECTloN BE ENACT'
ELIMINATE THE, POTENTIAL" FOR ANY FUTURE, REOCCURRENCE OF.!!::'''
NEGATIVE' IMP,ACTS ON OUR NEIGHBORHOODS. '::':1;!{,
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WE, THE UNDERsIGNED' RESJ;P~$.~... OF. ,SEAL, .BEACHi:i;,or..,ARE,..OPPOSED .- '1.\.1
PORTION OF .":A":STRU~;.: 'EX~EI;)I~~;:~~~~~:7:~~A~QiRBIGBT:' LDa~
RESIDENTIAL~:' DISTRIC'ts:;:~:... SUCJr-". 'STRU~1 ~GE~': CREATe ",
IMPACTS. OF - AlL', UHAESTBE'l'IC~~'NATURlt' . WHICH' REDUcz::.... LIVING~ ENJO ''--
QUALITY OF:' NE:IGHBORHOOD~:. APPEARANCE';. --AND+ .-MA~~",' HAVEL A,- REa'
IMPACT ON. RESIDENTIAIi 'PROPERTY' VALUES. WE. ADVOCATE TIll _
. APPROPRIATE ORDINANCE AMENDMENTS AND POLICY- DIRECTION BE ENACTEDi: .. >:t;z~~L'
ELIMINATE . THE POTENTIAL FOR ANY FUTURE REOCCURRENCE OF stJCH~::,~.'~t:~::z.; ~
NEGATIVE IMPACT~ .ON' OUR NEIGHBORHOODS. " ""'::'.. '
NAME
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WE, THE UNDERSIGNED RESIDENTS:, OF.: SEAL. BEACH',., AR&. OPPOSED.;'.. T~ ."';':;' ,:.\,
PORTION, OF, A, STRUC'1'tJRB:~~': EXCBBDIllQ.r.;. ,Ta#~, STU'Br;g:BBIGHT~ LDG~'" .;.l;.
RES.IDENTIAII... . DIST1UCTS;:"~i: suaS:.:.;STRUCTURAn:t:~G"B" cRBA~~.n .
IMPACTS OF, AN: . UNABSTBB'l'IC' NATURB~l.. WBJ:CHI.(RBoucz:.~~ LIVING. ENJQ' '.
QUALITY OF. NEIGHBORHOOD~. APPEARANCE,_ "'AHD~:' KIlY~.:RAVB'~' A' . .~,..,:.,
IMPACT ON USIDENTIAL. PROPERTY~ VAWES. - WE'" ADVOCATESf'.r{ .'-
APPROPRIATE ORDINANCE' AMENDMENTS AND POLICY DIRECTION BE ENA~P: ;,~' ", "
ELIMINATE THE POTENTIAL FOR ANY FUTURE REOCCURRENCE OF. SU.~l- :;=..
NEGATIVE IMPACTS ON OUR NEIGHBORHOODS. . . ..'. ..
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WE, THE UNDERSIGNED RESIDENT&..,. OF SEAL.:. BEACH',:', , ARB' OPPOSED",~'
PORTION OF.. ,. ~'-' STRUC'l'ORE ,;: EXCEEDING:~\:'~' TRE.!~,: STAU"BBIGIl'J!:;/' _
RESIDENTIAL.. _ ," DIS.TRICTS; .'. SUCH':~' STRUCTURA:IIt'APPER'DAGBS..~?-~'c::atm'-
IMPACTS OF-.AR".. UNAEsTHETIC' NATURE', WHICU::-RBOUCB'" LIVDlG::g . '...,
QUALITY OF NEIGHBORHOOD' APPEARANCE~ '.. ' AND,~:~. HA~,L HAVBZ:~ .i~'~!:l! .',
IMPACT" ON', '''RESIDEH'tIAL PROPERTY' VALUES'. wE!,~" ADV~
APPROPRIATE ORDINANCE AMENDMENTS AND POLICY DIRECTION BE ERA' f.TO,o
ELIMINATE THE>, POTENTIAL FOR, ANY FUTURE REOCCURRENCE OFr'I::SijCH~',
NEGATIVE IMPACTS ON OUR NEIGHBORHOODS. ' ,'., ~)'..~., .
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PET I T ION
KARCH 1990
WE, THE UNDERSIGNED RESIDENTS OF SEAL BEACH, ARE OPPOSED TO ANY
PORTION OF A STRUCTURE EXCEEDING THE STATED HEIGHT LIMITS IN
RESIDENTIAL DISTRICTS. SUCH STRUCTURAL APPENDAGES CREATE VISUAL
IMPACTS OF AN UNAESTHETIC NATURE WHICH REDUCE LIVING ENJOYMENT,
QUALITY OF NEIGHBORHOOD APPEARANCE, AND MAY HAVE A NEGATIVE
IMPACT ON RESIDENTIAL PROPERTY VALUES. WE ADVOCATE THAT
APPROPRIATE ORDINANCE AMENDMENTS AND POLICY DIRECTION BE ENACTED TO
ELIMINATE THE POTENTIAL FOR ANY FUTURE REOCCURRENCE OF SUCH
NEGATIVE IMPACTS ON OUR NEIGHBORHOODS.
.
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PET I T ION
MARCH 1990
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WE, THE UNDERSIGNED RESIDENTS OF SEAL BEACH, ARE OPPOSED TO ANY
PORTION OF A STRUCTURE EXCEEDING THE STATED HEIGHT LIMITS IN
RESIDENTIAL DISTRICTS. SUCH STRUCTURAL APPENDAGES CREATE VISUAL
IMPACTS OF ~ UNAESTHETIC NATURE WHICH REDUCE LIVING ENJOYMENT,
QUALITX OF NEIGHBORHOOD APPEARANCE, AND MAY HAVE A NEGATIVE
IMPACT ON RESIDENTIAL PROPERTY VALUES. WE ADVOCATE - THAT
APPROPRIATE ORDINANCE AMENDMENTS AND POLICY DIRECTION BE ENACTED TO
ELIMINATE THE POTENTIAL FOR ANY FUTURE REOCCURRENCE OF SUCH
NEGATIVE IMPACTS ON OUR NEIGHBORHOODS.
NAMB
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WE, THE UNDERSIGNED J RES~DENTS~' OF, SEAL BEACH;. ARE. OPPOSED TO'..
PORTION OF,. A,; STRUCTURE:5.... EXCEEDING~ THE::- STATEb:~'HEIGHT.. LIMIT~.
RESIDENTIAL__ ~ QI:$TJU'C1'S";'.. Sl1.CIJ~.... STRUCTURAL I APPBNDAGE&,:~ CREATE", vi.....--
IMPACTS OF AN'~ UNAESTHE?:IC' NATURE,~' WHICH'. REDUCE.: 'LIVING ENJO . . _..
~~~kgY g~ :~~g=~~., :g=~E~~~. ~~~~:~o~Tr:~.;1 .j;":'
APPROPRIATE ORDINANCE AMENDMENTS AND POLICY DIRECTION BE ENACTED.~ Td~r' :~.. "";rl.
ELIMINATE THE' POTENTIAL. FOR ANY FUTURE REOCCURRENCE OF SUcH~:";;", ':;;}:. .
NEGATIVE IMPACTS ON OUR NEIGHBORHOODS. ~., ..
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WE, THE UNDERStGHED~'IU;S,~~~~~;~::~9.l~;SW:. ~EA~ir~< ~~~QPPqSED~l~;
PORTION' OF.~;'; .A~ S~U~~~,~~~Q~~~i.... '~~W~Q1.~t?~;;~ gJq'
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QUALITY OFp ~:NBiGHBORHOOD;ttAPPIWWieB~~t:.{'AND'~ll MA~~'iiAVB~';~~k<l.t:Nfi
IMPACT ON: RESIDENTIAL' PROPERTY"' VAlDES"; WE~' ., ADVOCATE~:{':'~, .
APPROPRIATE ORDINANCE AMENDMENTS" AND POLICY DIRECTION BE ENACT~
ELIMINATE THE POTENTIAL FOR ANY FUTURE REOCCURRENCE' OF .:~ ," 1000-"';'.'
NEGATIVE IMPACTS' ON OUR NEIGHBORHOODS. ''';\1i;'~:'n;~;.:'''. ",'
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~ity. ~f Seal Beach Planning Commission
"" ,; :; J ~: :', 'SUBMIlTED FOR' RECORD: ,
, rt'~L):j.:~ =---->>a18 APR2" 1 1H@
, ;' ..'IIlt:LDS
. I :
FOR OFFICE USE ONLY:
'LAN REVIEW 110.
E.I.R. 110.
DATE rILED .(, ,~\e'1
'LANNING COMMISSION
MINOR PLAN REVIEW
APPLICATION
,
" '
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.:1- '..
.,; ~
DATE (. -1-!Si'
'.
t. .,1 I . f
.
City of Seal Beach
IIOTE: 'LEASE READ -HOW TO APPLY rOR A MINOR PLAN REVIEW" BErORE
COMPLETING THIS APPLICATION.
1.
2.
3.
4.
. 5.
6.
7.
.
Name of
Address
Applicant ~~~ Telephone'
of Applicant _~/geA~.
Property Owner ~ ~ ~~&411l{),.,~
of Property Owner ~& c;..A1Jl)f2lFi2., ~A~'tV'A:I
of Property -'~t::I; ~ANt::>DfClQ/2..
and ~ streets
Name of
Address
Address
Between
Zoning an~ General plan Designation of Property
Present Use ~f Property ~~A~I~
proposed Use of Property ~~,~
Check one of the following:
Request for: ~ Structural Alterations to lIonconforming
Use
Hinor Height Variation
Architectural Review
~
8.
9.
Are the proposed improvements appropriate for the character
of the surrounding neighborhoo~? ~ :
11. Woul~ the approval of this Plan Review. be in any way ~
detrimental to other property in the vicinityr- ~C'
Sianature)
2
, \ ) ~ ^ff'UfJ1.1,iJ-C. I (J n?
cfVllY ~/tt l ' NO & /.JtU4, k/tJtJeJl.
~J ,. ~ I' ])~;I!.rM~l.-iD_~~
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. 4' fJ IJ tfJ"f\
(,'/l-1 ('l /
<:v~' .a9O' }/~.ICB'J' VARIA'J'IO. APPLICA'J'IO. - City of ...
// _--...-. '--'--ci~:{- OF SEA
/ //--- HEIGHT VARIAT~N
~OR OFFICE USE ONLY
Height variatilnJ^~
Date Filed: 2.. tL!:fJ.
Planning Commi ion Date:
. .
4.
6.
(!)
10.
.
am! 2 1 1993
8. DESCRIBE HOW and IF THE PROPOSED IMPROVEMENTS ARE
APPROPRIATE FOR THE CHARACTER OF THE SURROUNDING
NEIGHBORHOOD:
"The structure is appropriate for the character of
the surrounding neighborhood as it fits with the
overall architectural design of the house." (II)
9. DESCRIBE HOW and IF THE APPROVAL OF THIS HEIGHT
VARIATION ~LD BE DETRIMENTAL IN ANY WAY TO OTHER
PROPERTY IN THE VICINITY:
"I am not aware how the present structure may be in
any way detrimental to other property in the neighbor-
hood." (III) /
]
]
]
..**************************************************************
1. PROPERTY ADDRESS: /305 5t71:d,iJ:I)~,.. /)//r/e., .x,cul RC.tJ,.i1
I I
Ii" {:" ..jJ E / - '. t A- ./ -/" CO t.. "5 t::: 1
'I
,
2.
APPLICANT'S
ADDRESS:
HOME PHONE:
MAILING ADDRESS:
J_ r- WORK
S n ,.~t..I- .I'l c: n It>~~_
3.
PROPERTY OWNER'S NAME: 1i1trJ'k. /tJ /ZI,'-zn ~~~\.. ~ht?'.rf(.',"'-
ADDRESS: ~-4k.l_
HOME PHONE: ( ) I' WORK PHONE: (" ) 'I
ZONING and GENERAL PLAN DESIGNATION: 7o'Jl.. /1:1 ,lJi~i",'"i- ~-
, /
PRE~ENT USE' OF PROPERTY: 5i 1"0 .A':1'~ a1v.d 1-1:5 ' .
PROPOSED USE OF PROPERTY: -G, <I..U__
PROPOSED'IMPROVEMENTS:
.' if
5.
PROOF OF OWNERSHIP
(STAFF IS TO ATTACH HERE A PHOTOCOPY OF A PICTURE I.D. and a
PHOTOCOPY OF THE GRANT DEED PROVIDED BY THE APPLICANT)
- OR -
SIGNED AND NOTARIZED OWNER'S AFFIDAVIT TO BE COMPLETED AND
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Norf . ASSfSSOI'S ILoa .
,AlCfL NUMl(IS \ !\ ~
SHOWN ., CllCLIS
TRACT NtJ 2590
M ItI 82- J2 TO 38 INe
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r nUlnArc.hin Man 1
Thomps\Jh, 29L
. _305' Sa~d Piper Dr ;'
~ea1 Beach CA 90740
'9-197-26
..1,)0' Listing
April 25, 1989
Alexander Popp
1230 Catalina Ave
Seal Beach CA 90740
199-194-01
Robert Johnson
733 South Shore Dr
Seal Beach CA 90740
199-194-02
Paul Moser
713 Taper Dr
Seal Beach CA 90740
.199-195-02
Herman Harvill
709 Taper Dr
Seal Beach CA 90740
199-195-03
Ben Cunningham
712 Taper Dr
Seal Beach CA 90740
199-196-01
Arlin Skarsten
713 Sand Piper Dr
Seal Beach CA 90740
199-196-02
Lawrence Moore
709 Sand Piper Dr
Seal Beach CA 90740
199-196-03
-
reston Howell
108 Taper Dr
Seal Beach CA 90740
199-196-04
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SUSAN W. CASE
OWNERSHIP LISTING SERVICE
1461 Glenneyre Street Suite F
Laguna Beach, California 92651
714/494-6105
FAX: 7141497-9280
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Alan Shields ,
1300 Catalina Ave,'
Seal Beach CA 90740
199-197-01
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; Arthur Axelrad
I 1310 Catalina Ave:
Seal Beach CA 90740
199-197-02
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Billy Rutledge
329ls 10th ST
Seal Beach CA 90740
199-197-03
Melvin Ravin
1410 Catalina Ave
Seal Beach CA 90740
199-197-04
Susan Wood
708 Sand Piper Dr
Seal Beach CA 90740
199-197-20
Howard Smith
712 Sand Piper Dr
Seal Beach CA 90740
199-197-21
.....
,
,/ Paul Rlahr
./ 716 Sand Piper Dr
Seal Beach CA 90740
199-197-22 .'.'
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W R Greaves
1405 Sand Piper Dr
Seal Beach CA 90740
199-197-24
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~urand Hines )
( 1401 Sand Piper Dr
~ Seal Beach ~.90740
\ 199-197-25 ..'
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Mark Thompson
1305 Sand Piper Dr
Seal Beach CA 90740
199-197-26
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#/Jerry Andersen
.~ 1402 Sand Piper Dr
! Seal Beach CA!90740
\;, 199-197-27 ,:
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City (ir S~Clj Cit)l ?:~~miilg Commission
SUBMIITED FOR RECORD
By M, VOc.e Date tft 2 1 'S93
City Hall
to Whom it May concern:
The Planning Commission should not approve any variance that would allow The
Structure at 1305 SandPiper to remain.
It is a mot:l5trosity. And belongs on a mountain, not in a neighborhood. It should not
have been dragged out this long. Turn down whatever loophole they're trying to squeeze
. through now. 01
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Planning Commission
Seal Beach
City of Seal Bc~ci1 Plannir.~ r- ,nmission
SUBMITTED FOR Rl-.CORD
By MeUe: ~ Date APR 2 1 -
Dear Commissioners:
There should be a strict height limit of
25 feet (two stories). Two r~cent remodels,one
on Catalina, and another O~__~!~s.!:.vi~~.A.y~ .Jlay~__ _._ __ ______.
--- - ----.-... _u._ both-gonefrom-- sin-g-fe-story to large, two story houses.
They both have roof decks, and neither has a DogHouse
they are-not necessary.
Regarding. the "Observadome" --DO NOT ALLOW IT TO
STAY! It is not appropriate, it's illegal, and should
never have bee~ built in the first place.
.
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City of Seal Besch Planning Commission
SUBMITTED FOR RECORD
By W ~T~0t4 's Date APR 2 1 1993
SEAL BEACH CITY HALL
-- -------- --- ----- --------. - - - ---..--..-----.- -- - ----- ----.- --- - --------.- -- --.-. -- ---
Planning Commissioners--
Remove the Observation Dome! It not only looks completely out of place, but it affects
our prope~y values.
This is another example of an individual taking advantage of others, in their own self
interest. The Planning Commission needs to protect citizens in Seal Beach, from this kind
of thing.
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City of se~~::I~~O rF~:~'~lo~~ 2 , '\993
A'"lIcJrll --=o~te~
B~~
4/2/93
Re: Variance Request for 1305 Sandpiper
I urge you all to finally put this Problem Structure to rest.
1. It doesn't meet the Code for these type buildings.
2. It negatively affects the View of surrounding
neighbors.
3. It is an Eyesore in an established residential
area.
.
4. It raises invasion of Privacy Issues (it is an
observatory! )
01
3. It can hurt home prices.
6. It's been 2~ years since it should have been removec.
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City of Seal Beach Planning Commission
SUBMITTED FOR RECOR~
By L. HAcJTtf Date APR 1 - :
To the Planning Co~~ission
In your upcom~ng hearing on the Roof Deck Structure at 1305
SandPiper--Turn it down !! (No, tear it down)
It is ugly, i~ affects privacy, it ruins the view, and it
doesn't belong on ~he Hill or anywhere in Seal Beach.
wi
City of S€~! la.lci: ;';_.1..;:1~ C0:nnllssion
SUBMIllED FOR RECORD
By l4',i3S o,v . Date AM 2 ,1 ~
.
RABB] HOW AIDOJ O. JLARijSOJM.
4364 mfO)]~.lcr<<llOB A nilffiE SJEAJ[. ImIAClBI CAlLHJFOJiNHA 4llllD74Q]) (3 n lID) 43 R - n 41166
April 21. 1993
Planning Com mission
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Dear Friends,
It has come to my awareness that you are considering the issue of a
variance for Mark Thompson, who has built a private observatory and
attached it to his home. I am also aware that there is some concern that
Mark might use his telescope to peer into neighbors' homes and, thus,
intrude on their privacy. While the right to privacy is worthy of
safeguarding, those of us who know Mark know that he would never
consider doing such a thing.
--
I have known Mark for many years, and have always found him to be a
principled and moral person. As his rabbi, I can attest to his commitment
to ethics and human rights. As his friend, I know personal1y that his
respect for people's privacy is of paramount concern to him. He is a
believer in the Biblical teaching "Love your neighbor as yourself" (Leviticus
19:18). Just as he wouldn't want others to invade hAs privacy, or that of
his family, neither would he do so to his neighbors. I can assure you that
Mark would never abuse the privilege of star gazing from his observatory.
Mark has always had a great love for the field of astronomy. He is actually
quite knowledgeable in the field, and derives a great deal of satisfaction
exploring the heavens. He especial1y hopes to transmit the joy he derives
from being an amateur astronomer to his two young children. I only wish
that more of our adults, and their children, would embrace such wholesome
hobbies!
.
I hope you will take this perspective in consideration, and share it publicly
at your meeting this evening, as you consider Mark's request for a
variance. I urge you to grant it to him.
Sincerely,
~cwd. D. W~~
Rabbi Howard O. Laibson
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L -e;,e ~r PRovIDeD TO
12.EC062..D"t\JG ScCf2E TAR'! J .
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