HomeMy WebLinkAboutPC Min 2008-11-19City of Seal Beach Planning Commission
Agenda for November 19, 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.
2. Minor Plan Review 08-9
729 South Shore Drive
Applicant/Owner: Ken Todd, TKR Construction / Butterfly Trust
Request: To construct a built-in gas barbecue and bar counter
structures within the required side yard and rear yard
setback areas.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-31.
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City of Seal Beach Planning Commission • Agenda of November 19, 2008
SCHEDULED MATTERS
VI.
PUBLIC HEARING
VII.
3. Variance 08-2
801 Marvista Avenue (Continued from November 5, 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
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.
4. Conditional Use Permit 07-7 (Indefinite Extension)
12205 Seal Beach Boulevard (Winestyles)
Applicant/Owner: Todd Stahl / Century National Properties
Request: Indefinite extension of the existing Conditional Use
Permit 07-7 to operate a retail boutique wine store
selling wine and wine-related accessories within an
on-site wine tasting room.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 08-30.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
To meeting of December 3, 2008, at 7:30 P.M.
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City of Seal Beach Planning Commission • Agenda of November 19, 2008
2008 Agenda Forecast
Dec 03
Minor Plan Review 08-10 – 1708 Coral Place
CUP 07-11 (Indef. Ext.) – 12340-B Seal Beach Blvd (Santa Fe Importers)
CUP 08-10 – 2940 Westminster Ave (Denny’s Restaurant)
Dec 17
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CITY OF SEAL BEACH
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PLANNING COMMISSION
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Minutes of November 19, 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 19, 2008. The meeting
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9 was 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, DeLay, 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 Eagar
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23 Mr. Whittenberg indicated that due to illness, Commissioner Eagar would not be present
24 for tonight’s meeting. He requested a motion to excuse his absence.
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26 MOTION by DeLay; SECOND by Bello to excuse Commissioner Eager from the
27 Planning Commission meeting of November 19, 2008.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, Bello, DeLay, and Massa-Lavitt
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NOES: None
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ABSENT: Eagar
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AGENDA APPROVAL
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36 Mr. Flower noted that Item 2 was improperly noticed as the approval of the minutes of
37 October 22, 2008, and recommended that this item be removed from the agenda and it
38 will be properly noticed for the next scheduled meeting.
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40 MOTION by Massa-Lavitt; SECOND by Bello to approve the Agenda as amended.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, Bello, DeLay, and Massa-Lavitt
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NOES: None
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These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of November 19, 2008
ABSENT: Eagar
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ORAL COMMUNICATIONS
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5 Chairperson Deaton opened oral communications.
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7 Seth Eaker, Seal Beach Chamber of Commerce (SBCC), reported the Tuesday farmers
8 market event has been going well. He introduced Connie Brumback, a new member of
9 the Board of Directors, noting that she will be representing the SBCC at the Planning
10 Commission and City Council meetings. He then thanked everyone who participated in
11 the Main Street Sidewalk Sale and the Halloween Trick or Treat event, and invited the
12 community to the Holiday Tree Lighting at Eisenhower Park on Friday, November 28,
13 2008, and the Holiday Parade to take place along Main Street on Friday, December 5,
14 2008.
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16 Connie Brumback, 7 Street, stated that she formerly lived in Seal Beach, then moved
17 to Oregon where she served as Director of the Chamber of Commerce in the city where
18 she resided, and has moved back to Seal Beach. She indicated she brings a lot of
19 chamber and community experience to her new position on the SBCC Board.
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21 There being no one else wishing to speak, Chairperson Deaton closed oral
22 communications.
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CONSENT CALENDAR
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26 1. October 2008 – Building Activity Report
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28 3. Minor Plan Review 08-9
29 729 South Shore Drive
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31 Applicant/Owner: Ken Todd, TKR Construction / Butterfly Trust
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33 Request: To construct a built-in gas barbecue and bar counter
34 structures within the required side yard and rear yard
35 setback areas.
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37 Recommendation: Approval, subject to conditions, and adoption of Resolution
38 08-31.
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40 MOTION by Massa-Lavitt; SECOND by Bello to approve the Consent Calendar as
41 amended.
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MOTION CARRIED: 4 – 0 – 1
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AYES: Deaton, Bello, DeLay, and Massa-Lavitt
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NOES: None
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ABSENT: Eagar
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Meeting Minutes of November 19, 2008
1 Mr. Flower advised that the adoption of Resolution No. 08-31 begins a 10-day calendar
2 appeal period to the City Council. The Commission action tonight is final and the
3 appeal period begins tomorrow morning.
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SCHEDULED MATTERS
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7 None.
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PUBLIC HEARINGS
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11 4. Variance 08-2
12 801 Marvista Avenue (Continued from November 5, 2008)
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14 Applicant/Owner: Scott & Jennifer Stevens
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16 Request: To construct an in-ground swimming pool and spa in the rear
17 yard setback area with a minimum setback from the rear
18 property line to the waterlines of 2 feet. A minimum
19 setback of 4 feet from the property line to the water line is
20 required.
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22 Recommendation: Denial and adoption of Resolution 08-29.
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24 Staff Report
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26 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
27 He provided some background information on this item and noted that at
Department.)
28 the previous Planning Commission (PC) meeting, the PC had requested further
29 information on 745 Driftwood Avenue, which was determined by both the PC and Staff
30 to be very similar to the property at 801 Marvista Avenue. He then provided a aerial
31 photo of the property at 745 Driftwood and explained that based on the plans the
32 existing setback from the rear property line to the water line is approximately 2.5 feet,
33 which was the setback requirement in May 1974 when the pool was constructed. He
34 noted that in December 1974 the Zoning Code (ZC) was revised changing the required
35 setback from the rear property line to the water line to 4 feet, which then made this pool
36 nonconforming. Mr. Olivera noted that the back yard area from the rear building wall to
37 the rear property line for 745 Driftwood, which measures approximately 20 feet, is very
38 similar to the other properties with front-entry garages reviewed at the previous meeting.
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40 Commissioner Questions
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42 Chairperson Deaton asked if Staff had determined that the rear yard at 801 Marvista is
43 the smallest. Mr. Olivera stated that based on the property comparisons, it appears to
44 be the smallest, by approximately 3-4 feet.
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1 Commissioner Massa-Lavitt stated that the PC just approved a barbeque that is to be
2 right up against the rear fence. She asked what the difference would be between this
3 barbeque and the pool. Mr. Olivera stated that the ZC does have a defined section for
4 pool setbacks stating that the setback must be 4 feet, and there is also a provision for
5 requests for accessory structures located within side or rear yard setbacks to be subject
6 to the Minor Plan Review process. He noted that barbeques are typically above-ground
7 structures, and pools are in-ground structures that have language specifying a required
8 setback of 4-feet, so any deviation from this would require a Variance. Commissioner
9 Massa-Lavitt stated that pools should also be considered accessory structures, and
10 maybe they should be treated the same as other requests for accessory structures that
11 encroach into the setback area. She added that if the PC can approve the barbeque, it
12 should be able to approve a pool. Mr. Whittenberg reiterated that the ZC does have
13 different provisions for different structures, and specifically calls out swimming pools.
14 He noted that the ZC allows mechanical equipment for pools to be within the setbacks,
15 but there is nothing in the ZC today that allows the City to consider a pool closer than 4
16 feet, without going through the Variance process.
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18 Chairperson Deaton stated that a pool is a different issue, as it necessitates installation
19 of safety provisions that would not be required for anything else. She asked what the
20 setback would be for the pool at 801 Marvista. Mr. Olivera stated that the applicant
21 requested 2 feet but said they would also accept a 3-foot setback. Chairperson Deaton
22 stated that 2 feet would not allow sufficient room to pull someone out of the pool. She
23 emphasized that although it appears there is a finding for granting the Variance the PC
24 must ensure that all safety measures are included as a part of the project. Mr. Olivera
25 noted that the Building Code requires 4-feet of decking around all sides of public or
26 commercial pools, and he assumes that the safety issue is most likely the reason the
27 setback was increased in 1974 when the ZC was revised.
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29 Public Hearing
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31 Chairperson Deaton reopened the public hearing.
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33 Scott Stevens stated that when measuring the rear yard at 745 Driftwood Avenue they
34 found the yard was deeper than his by approximately 4 feet. He noted that even though
35 the ZC requires a 4-foot setback, there doesn’t need to be 4 feet of decking; it could be
36 1-1.5 feet of decking with a planter behind that. He reiterated that his back yard must
37 be the smallest in the neighborhood.
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39 There being no one else wishing to speak, Chairperson Deaton closed the public
40 hearing.
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42 Commissioner Comments
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44 Commissioner Bello stated that she believes the property to be unique in that Staff was
45 unable to find another rear yard in the area as small as the one at 801 Marvista.
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City of Seal Beach Planning Commission
Meeting Minutes of November 19, 2008
1 MOTION by Bello; SECOND by Massa-Lavitt to approve Variance 08-2, subject to
2 conditions.
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MOTION CARRIED: 3 – 1 – 1
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AYES: Deaton, Bello, and Massa-Lavitt
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NOES: DeLay
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ABSENT: Eagar
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9 Mr. Whittenberg advised that the Staff would return at the next scheduled meeting with
10 the revised draft of Resolution No. 08-29 for adoption by the PC indicating a 3-foot
11 setback.
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13 2. Conditional Use Permit 07-7 (Indefinite Extension)
14 12205 Seal Beach Boulevard (Winestyles)
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16 Applicant/Owner: Todd Stahl / Century National Properties
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18 Request: Indefinite extension of the existing Conditional Use Permit
19 07-7 to operate a retail boutique wine store selling wine and
20 wine-related accessories within an on-site wine tasting room.
21
22 Recommendation: Approval, subject to conditions, and adoption of Resolution
23 08-30.
24
25 Staff Report
26
27 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
28 He provided some background information on this item and noted that the
Department.)
29 original Conditional Use Permit (CUP) approval was granted in May 2007 for the
30 operation of a retail wine store. He noted that this business is primarily a retail wine
31 store selling bottled wine for off-premise consumption, but they do have an on-premise
32 tasting room and conduct occasional wine tasting events. Mr. Olivera indicated that
33 Winestyles does possess both a Type 20 and Type 42 ABC license, and Lt. Tim Olson
34 of Seal Beach PD reports that they have received no complaints or service calls to this
35 business. Staff recommends approval subject to conditions.
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37 Commissioner Questions
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39 None.
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41 Public Hearing
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43 Chairperson Deaton opened the public hearing.
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City of Seal Beach Planning Commission
Meeting Minutes of November 19, 2008
Todd Stahl, owner of Winestyles, stated that business has been difficult, particularly of
late. He explained that the wine tastings are usually attended by older clients and the
business closes at 9:00 p.m. daily.
On behalf of the SBCC, Seth Eaker spoke in support of Winestyles.
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
Commissioner Comments
None.
MOTION by Massa-lavitt; SECOND by Bello to approve the indefinite extension of
Conditional Use Permit 07-7, subject to conditions, and adopt Resolution 08-30 as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, Delay, and Massa-Lavitt
None
Eagar
Mr. Flower advised that the adoption of Resolution No. 08-30 begins a 10-day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
STAFF CONCERNS
None.
COMMISSION CONCERNS
Chairperson Deaton asked when Staff would be presenting again on the shared parking
issue at the Seal Beach Center. Mr. Whittenberg stated that Staff is still working on this
and will probably present at the January 7, 2009 meeting.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 7:55 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Secreta
Planning Department
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APPROVAL
City of Seal Beach Planning Commission
Meeting Minutes of November 19, 2008
The Commission on December 3, 2008, approved the nMinutes of the Planning
Commission Meeting of Wednesday, November 19, 2008. "---'lA..
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