HomeMy WebLinkAboutPC Min 2008-11-05City of Seal Beach Planning Commission
Agenda for November 5, 2008
7:30 p.m.
PLEDGE OF ALLEGIANCE
I.
ROLL CALL
II.
AGENDA APPROVAL
III.
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or
public to request an item be removed from the Consent Calendar for separate
action.
ORAL COMMUNICATIONS
IV.
At this time, members of the public may address the Planning Commission
regarding any items within the subject matter jurisdiction of the Planning
Commission, provided that the Planning Commission may undertake no action or
discussion unless otherwise authorized by law.
CONSENT CALENDAR
V.
Items on the Consent Calendar are considered to be routine and are enacted by
one motion unless prior to enactment, a member of the Planning Commission,
staff, or the public requests a specific item be removed from the Consent Calendar
for separate action.
1. Approve Planning Commission Meeting Minutes of October 22, 2008.
SCHEDULED MATTERS
VI.
PUBLIC HEARING
VII.
2. Variance 08-2
801 Marvista Avenue (Continued from October 22, 2008)
Applicant/Owner: Scott & Jennifer Stevens
Request: To construct an in-ground swimming pool and spa in
the rear yard setback area with a minimum setback
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City of Seal Beach Planning Commission • Agenda of November 5, 2008
from the rear property line to the waterlines of 2 feet.
A minimum setback of 4 feet from the property line to
the water line is required.
Recommendation: Denial and adoption of Resolution 08-29.
3. Zone Text Amendment 08-1
Citywide
Applicant/Owner: City of Seal Beach
Request: Amend Chapter 18, Zoning, Article 22, General
Provisions, Conditions and Exceptions Use, Highways
Dedication and Improvement, to delete Current Section
28-2207, Parking Provisions May Be Waived by
Commission, and replace it with a new Section 28-
2207, Parking Reductions or Waivers, to allow specified
shared parking and other parking reductions pursuant
to conditional use permit approval.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-32.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
To meeting of November 19, 2008, at 7:30 P.M.
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City of Seal Beach Planning Commission • Agenda of November 5, 2008
2008 Agenda Forecast
Nov 19
Minor Plan Review 08-9 – 729 South Shore Drive
CUP 07-7 (Indef. Extension) – 12205 Seal Beach Blvd (Winestyles)
Dec 03
CUP 07-11 (Indef. Ext.) – 12340-B Seal Beach Blvd (Santa Fe Importers)
Dec 17
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CITY OF SEAL BEACH
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PLANNING COMMISSION
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Minutes of November 5, 2008
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7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, November 5, 2008. The meeting was
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9 held in the City Council Chambers and began with the Salute to the Flag.
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ROLL CALL
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13 Present: Chairperson Deaton, Commissioners Bello, Eagar, and Massa-Lavitt.
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15 Also
16 Present: Department of Development Services
17 Lee Whittenberg, Director of Development Services
18 Jerry Olivera, Senior Planner
19 Steve Flower, Assistant City Attorney
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21 Absent: Commissioner DeLay
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23 Mr. Whittenberg noted that Staff has not heard from Commissioner DeLay regarding his
24 attendance tonight.
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AGENDA APPROVAL
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28 MOTION by Bello; SECOND by Massa-Lavitt to approve the Agenda as presented.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, Bello, Eagar, and Massa-Lavitt
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NOES: None
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ABSENT: DeLay
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ORAL COMMUNICATIONS
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37 Chairperson Deaton opened oral communications.
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39 There being no one wishing to speak, Chairperson Deaton closed oral communications.
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CONSENT CALENDAR
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43 1. Approve Planning Commission Meeting Minutes of October 22, 2008.
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These Minutes were transcribed from audiotape of the meeting.
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Meeting Minutes of November 5, 2008
1 MOTION by Massa-Lavitt; SECOND by Bello to approve the Consent Calendar as
2 presented.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, Bello, Eagar, and Massa-Lavitt
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NOES: None
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ABSENT: DeLay
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SCHEDULED MATTERS
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11 None.
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PUBLIC HEARINGS
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15 2. Variance 08-2
16 801 Marvista Avenue (Continued from October 22, 2008)
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18 Applicant/Owner: Scott & Jennifer Stevens
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20 Request: To construct an in-ground swimming pool and spa in the rear
21 yard setback area with a minimum setback from the rear
22 property line to the waterlines of 2 feet. A minimum
23 setback of 4 feet from the property line to the water line is
24 required.
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26 Recommendation: Denial and adoption of Resolution 08-29.
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28 Staff Report
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30 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
31 He briefly reviewed the discussion of the meeting of October 22, 2008,
Department.)
32 noting that the Planning Commission (PC) had directed the applicant to provide
33 additional information related to similar sized lots on Marvista Avenue. He indicated
34 that the applicant has provided Staff with rear yard measurements from 5 properties
35 along Marvista Avenue and noted that Staff believes there may be some differences in
36 the rear yard setbacks in comparison to the applicant’s property and other similar
37 properties. Mr. Olivera then explained that Staff completed a survey of homes along
38 Catalina Avenue, Marvista Avenue, and Driftwood Avenue, which yielded the following
39 information:
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41 Catalina Avenue - 17 homes surveyed.
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42 13 with side-entry garages; 3 have swimming pool in rear yard.
43 4 with front-entry garages; no swimming pool in rear yard.
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45 Marvista Avenue - 52 homes surveyed.
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46 40 with side-entry garages; 5 have swimming pool in rear yard.
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1 12 with front-entry garages; no swimming pool in rear yard.
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3 Driftwood Avenue – 23 homes surveyed
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4 13 with side-entry garages; no swimming pool in rear yard.
5 10 with front-entry garages; 1 had swimming pool, possibly nonconforming.
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7 Commissioner Questions
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9 Chairperson Deaton asked what the determination of Staff is after reviewing this
10 information. Mr. Olivera stated that based upon the information provided to Staff, it
11 would appear that the applicant’s property has a shorter setback than the other
12 properties presented, but it would be up to the PC to determine whether this constitutes
13 a unique situation.
14
15 Commissioner Massa-Lavitt asked if building permits were issued for the nonconforming
16 pool on Driftwood Avenue and, if so, would this pool have been constructed under an
17 older Zoning Code (ZC). Mr. Olivera stated that Staff was not able to locate building
18 permits for this property, but could conduct further research on this. Mr. Whittenberg
19 noted that many of these records are on microfiche, but the microfiche reader recently
20 malfunctioned, and due to its age, replacement parts are no longer available; therefore,
21 Staff is not able to view any of these records at this time. He explained that the city is in
22 the process of replacing this machine with a newer used model.
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24 Commissioner Bello confirmed that Staff does not believe 801 Marvista to have any
25 unique characteristics. Mr. Olivera stated that at the previous meeting Staff did not
26 have the additional information on similar rear yard setbacks, and noted that the rear
27 yard for 801 Marvista is much smaller than a neighboring yard. Chairperson Deaton
28 asked if this was due to an addition. Mr. Olivera explained that a second story was
29 recently added to the home, but City records show that the rear wall of the home was
30 not extended.
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32 Chairperson Deaton commented that she believes that comparisons should only be
33 made between front-entry garages and not side-entry garages. Mr. Olivera noted that
34 all of the comparisons provided by the applicant were for homes with front-entry
35 garages. He added that it does appear that 801 Marvista has a smaller back yard than
36 is typical with similar front-entry garage properties. Chairperson Deaton asked if Staff
37 has changed its recommendation. Mr. Olivera stated that although there is a difference
38 in the dimensions, the question would be whether it is substantial enough to warrant
39 granting a Variance. He stated that the determination would be at the pleasure of the
40 PC.
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42 Commissioner Massa-Lavitt stated that because only the one home at 745 Driftwood
43 had a swimming pool, she does not believe this would constitute a finding for granting a
44 Variance, but she would wait to hear further discussion.
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46 Mr. Whittenberg stated that the PC needs to consider the following questions:
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1 1. Does the rear yard at 801 Marvista, which currently has a rear yard depth of 17
2 feet, compare to the 5 other lots presented, which have rear yards that vary from
3 18 to 20 feet deep?
4 2. The overall size of the lot at 801 Marvista is approximately 97 feet deep on one
5 side and 98 feet deep on the other, while, due to the curvature of the street, the
6 other 5 lots measure approximately 98 feet to 102 feet deep.
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8 Public Hearing
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10 Chairperson Deaton opened the public hearing.
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12 The applicant, Scott Stevens, stated that he had provided the information as requested
13 by the PC and after taking the measurements he found that his home has the smallest
14 rear yard depth. He noted that his next door neighbor’s home measures 18-ft. 3-in.
15 deep on the rear left side and 21-ft. 2 in. deep on the right rear. He reviewed the
16 dimensions for the other homes he had measured and emphasized that the rear yards
17 were generally 2-3 feet longer than on his property. Chairperson Deaton asked if Mr.
18 Stevens believes that were he to survey another street with the same curvature, he
19 would find other homes with the same rear yard depth. Mr. Stevens stated that his front
20 “houseline” lies further back from the property line than his neighbor’s home, which also
21 has a front-entry garage. He then commented that in speaking with the owner of 1005
22 Marvista he learned that the house was rebuilt and extended 4 feet to the rear, and
23 even with this extension the left rear yard measures 26 ft. 2 in. and the right rear side
24 measures 19 ft. 7 in., which is larger than his rear yard.
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26 There being no one else wishing to speak, Chairperson Deaton closed the public
27 hearing.
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29 Commissioner Comments
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31 Chairperson Deaton stated that the manner in which the street curves may provide
32 grounds to make a finding for the uniqueness of this lot.
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34 Commissioner Bello asked if the aerial view shows any other lots with the similar rear
35 yard dimensions as 801 Marvista. Mr. Olivera stated that the lots on Driftwood Avenue
36 outside the curve along Marvista have a similar depth. He noted that 745 Driftwood is
37 actually a little shallower than 801 Marvista by approximately 6 inches. Commissioner
38 Bello asked if there were other homes with rear yards that are as shallow. Mr. Olivera
39 confirmed that 745 Driftwood has a very similar configuration, and it appears that the
40 pool is very close to the rear property line.
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42 Commissioner Eager asked if it were possible to provide more information on 745
43 Driftwood Avenue, as it appears that the pool is right up near the rear property line.
44 Chairperson Deaton stated that Staff would have to visit the property to request to take
45 the measurements. Mr. Whittenberg interjected should the PC direct, Staff can do this.
46 He noted that the permits are permanently retained, but the City only retains plans for
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1 one year, so it would not be possible to determine the actual setback measurement.
2 Mr. Olivera noted that occasionally the plot plan has been scanned along with the
3 permits, but this is rare. Commissioner Eager noted that someone would have to have
4 signed off on the permits. Mr. Whittenberg noted that he has been with the City since
5 1989 and the setback requirements for pools have not changed during that time.
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7 Commissioner Bello asked how many similar homes that are not on Marvista have
8 similar dimensions. Mr. Olivera stated that along Catalina Avenue there are 4 homes
9 that do not have pools, and noted that the best comparison would be the home at 745
10 Driftwood, which does have a pool.
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12 Commissioner Massa-Lavitt stated that she cannot make a positive finding for granting
13 this Variance. She noted that there are site constraints on this property, but many of the
14 other properties with no pools also have constraints.
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16 Commissioner Bello stated that she believes this property is unique to others, and she
17 would recommend approval of this Variance.
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19 Commissioner Bello moved to approve Variance 08-2, subject to conditions, and adopt
20 Resolution 08-37 as presented.
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22 Motion fails for lack of a second.
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24 Commissioner Eager stated that in all fairness, he would be more comfortable in making
25 a determination after reviewing further information on 745 Driftwood Avenue.
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27 MOTION by Eager; SECOND by Bello to direct Staff to provide further information on
28 745 Driftwood Avenue for review.
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MOTION CARRIED: 3 – 1 – 1
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AYES: Deaton, Bello, and Eagar
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NOES: Massa-Lavitt
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ABSENT: DeLay
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35 Mr. Whittenberg recommended continuing this public hearing to the next scheduled
36 meeting of November 19, 2008, so that Staff can return with a supplemental Staff
37 Report for review.
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39 Chairperson Deaton reopened the Public Hearing and continued this item to the next
40 scheduled meeting of November 19, 2008.
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42 3. Zone Text Amendment 08-1
43 Citywide
44
45 Applicant/Owner: City of Seal Beach
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Meeting Minutes of November 5, 2008
1 Request: Amend Chapter 18, Zoning, Article 22, General Provisions,
2 Conditions and Exceptions Use, Highways Dedication and
3 Improvement, to delete Current Section 28-2207, Parking
4 Provisions May Be Waived by Commission, and replace it
5 with a new Section 28-2207, Parking Reductions or Waivers,
6 to allow specified shared parking and other parking
7 reductions pursuant to conditional use permit approval.
8
9 Recommendation: Approval, subject to conditions, and adoption of Resolution
10 08-32.
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12 Staff Report
13
14 Mr. Whittenberg delivered the staff report.
(Staff Report is on file for inspection in the
15 He provided some background information on this item and noted
Planning Department.)
16 that the proposed amendment would allow for approval of a Conditional Use Permit
17 (CUP) for shared parking or other parking reductions in accordance with the language
18 as presented on Pages 2 and 3 of the Staff Report. He indicated that additionally the
19 language out of the proposed Title 11 has been provided and stated that this issue is
20 currently on hold until City Council (CC) determines what will be done with Title 11. He
21 explained that upon completing a closer review of the Zoning Code (ZC), Staff found a
22 different section (Section 28-2209.D) that does allow CUP consideration for projects
23 within a certain percentage ratio of the parking for shopping centers. Mr. Flower added
24 that Staff was not aware of this provision, as it has not been used very often. Mr.
25 Whittenberg then suggested that the public hearing be opened for comments and then
26 the Planning Commission (PC) could direct Staff to review Section 28-2209.D to see
27 whether it would be helpful in addressing this type of issue.
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29 Public Hearing
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31 Chairperson Deaton opened the public hearing and noted that no action is to be taken
32 on this item tonight.
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34 Eldon Alexander stated that until CC decides how it will proceed with the referendum
35 currently in place for the proposed Title 11, Staff can make no changes to the existing
36 ZC. He noted that in the past 3 months he has made regular visits to the Seal Beach
37 Center at various times over a 3-week period and has observed that there is no problem
38 with parking within the shopping center.
39
40 Robert Goldberg stated that he is happy that Staff has found a possible way out of the
41 “conundrum” with the referendum, as currently there exists a “lose-lose” situation at the
42 Seal Beach Center. He noted that by his count, 9 store fronts are currently empty, the
43 City is losing tax revenues, and the community is losing out on new businesses
44 providing services. He stated that pursuing a shared parking program through the CUP
45 process would allow the Planning Commission (PC) to maintain control by allowing the
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1 use of 2 or 3 more store fronts and evaluating the impact by imposing a 6- or 12-month
2 review period. He emphasized that something definitely needs to be done.
3
4 Erik Lenahan stated that he is one of the tenants of the Seal Beach Center and serves
5 on the Board of Directors for the Seal Beach Chamber of Commerce (SBCC). He
6 explained that the role of the SBCC is not only to promote a positive business climate
7 within the community, but also to help enhance the quality of life in Seal Beach. He
8 indicated that there has been a lot of transformation within the shopping center over the
9 last several years and since the opening of Vons it has become evident that there is still
10 a lot of parking space available. He stated that his office is located in the back portion
11 of the center and his clients have not experienced problems with parking. He said he
12 has observed that overall there is no shortage of parking space, and added that many
13 local residents walk to this center to shop. He emphasized that it is important to get
14 more new businesses into this center so that all the businesses can thrive. He ended
15 by referring to the letter from the Board of Directors of the SBCC presented tonight and
16 emphasized that the board strongly supports the recommendation of Staff.
17
18 Mr. Whittenberg stated for the record that a copy of the letter form the SBCC dated
19 November 4, 2008, indicating its strong support for ZTA 08-1 as presented, was
20 provided to the Commissioners.
21
22 There being no one else wishing to speak, Chairperson Deaton closed the public
23 hearing.
24
25 Commissioner Comments
26
27 Chairperson Deaton noted that the PC is aware that there is a problem at the Seal
28 Beach Center and will attempt to address it as expediently as possible.
29
30 For the record, Mr. Whittenberg stated that the PC has closed the public hearing and
31 Staff will table the matter and re-notice the public hearing and return with this item at a
32 future date, once Staff and legal counsel have had the opportunity to draft a reasonable
33 solution to this issue.
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STAFF CONCERNS
35
36
37 None.
38
COMMISSION CONCERNS
39
40
41 None.
42
43 Mr. Whittenberg noted that Commissioner DeLay never appeared for tonight’s meeting,
44 and he requested a motion to excuse his absence.
45
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City of Seal Beach Planning Commission
Meeting Minutes of November 5, 2008
MOTION by Deaton; SECOND by Bello to excuse Commissioner Delay from the
Planning Commission meeting of November 5, 2008.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, Eagar, and Massa-lavitt
None
Delay
Chairperson Deaton directed Staff to make contact with Commissioner Delay, as he
had anticipated being in attendance.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 8:15 p.m.
Respectfully Submitted,
~\)~ C\&J,"~
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on December 3, 2008, approved the Minutes of the Planning
Commission Meeting of Wednesday, November 5, 2008. ~ .
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