HomeMy WebLinkAboutPC Min 2006-06-07
City of Seal Beach Planning CommISSion' Agenda of June 7, 2006
City of Seal Beach Planning Commission
Agenda for June 7, 2006
7:30 p.m.
PLEDGE OF ALLEGIANCE
II ROLL CALL
III. AGENDA APPROVAL
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.
IV. ORAL COMMUNICATIONS
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.
V. CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and are enacted by
one motion unless pnor 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 May 17, 2006.
2 Minor Plan Review 06-5
3580 Aster Street
Applicant/Owner:
Wanda and Dan Crowley
Request.
To construct a BBQ and counter structure up to 48
inches in height to be located approximately 1 foot from
the side property line, where the Code requires a 5-foot
side setback, and approximately 8 feet 5 Inches from
the rear property line, where the Code requires a
10-foot rear setback,
1
City of Seal Beach Planmng Commission. Agenda of June 7, 2006
Recommendation: Approval, subject to conditions, and adoption of
Resolution 06-20.
VI. SCHEDULED MATTERS
VII PUBLIC HEARINGS
3. Tentative Parcel Map 2006-160
Conditional Use Permit 06-4
132 - 13th Street
Applicant/Owner Scott L. Levitt I Bollen Family Trust
Request: Approval of a parcel map to legally combine two lots
into one parcel for the purpose of creating two airspace
condominiums. The proposal conforms to the density
requirements of 7 units per 2,500 square feet of lot area
in District 1, Residential High Density (RHO) Zone A
Conditional Use Permit is required for condominiums
Recommendation: Approval, subject to conditions, and adoption of
Resolution 06-21 and 06-22, respectively.
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X. ADJOURNMENT
Jun 21
Jul05
Jul19
Aug 09
Aug 23
Sep 06
Sep 20
Oct 04
Oct 18
Noy 08
Noy 22
Dee 06
Dee 20
City of Seal Beach Planning Commission. Agenda of June 7, 2006
2006 Aaenda Forecast
Minor Plan Review 06-6 - 921 Blue Heron
Minor Plan Review 06-7 - 4564 Dogwood Avenue
CUP 05-6 (Indefinite Extension) - 148-F Main Street (Fysicly Fit)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of June 7,2006
Acting Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7'30 p m on Wednesday, June 7, 2006 The meeting was held
In the City Council Chambers and began with the Salute to the Flag 1
ROLL CALL
Present
Acting Chairperson Deaton, Commissioners Ladner and Roberts
Also
Present
Deoartment of Develooment Services
Lee Whittenberg, Director of Development Services
Christy Teague, Senior Planner
Alexander Abbe, ASSistant City Attorney
Absent
Commissioner O'Malley
Mr Whittenberg Indicated that Commissioner O'Malley had reported that he would not
be present at tOnight's meeting due to Illness, and It would be appropriate to make a
motion to excuse hiS absence
MOTION by Roberts, SECOND by Ladner to excuse Commissioner O'Malley from
tonight's meeting
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1
Deaton, Ladner, and Roberts
None
O'Malley
AGENDA APPROVAL
Commissioner Roberts requested that Item No 2 be removed from the Consent
Calendar for further diSCUSSion
MOTION by Deaton, SECOND by Roberts to approve the Agenda as presented
MOTION CARRIED: 3 - 0 - 1
AYES: Deaton, Ladner, and Roberts
1 These Minutes were transcnbed from audiotape of the meeting
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of June 7, 2006
NOES:
ABSENT:
None
O'Malley
ORAL COMMUNICATIONS
Acting Chairperson Deaton opened oral commUnications
David Rosenman expressed his concern regarding the 13th Street project and the
appearance of any undue Influence, as the applicant, Scott Levitt, his father,
Councilman Michael Levitt, and Commissioner Ladner conducted a conversation tonight
In the presence of the public within Council Chambers and could give the appearance of
an Impropriety
MitZI Morton agreed with Mr Rosenman comments She said having council members
present at a Planning CommiSSion public hearing has never taken place before
Joyce parque displayed a copy of a flyer taped to mailboxes up and down the street
and stated that this IS a violation of a person's right to come before the Planning
Commission (PC) She stated that If residents wish to have the City Code changed,
they should follow the proper channels
There being no one else wishing to speak, Acting Chairperson Deaton closed oral
commUnicatIons.
CONSENT CALENDAR
1 Approve Planning Commission Meeting Minutes of May 17, 2006
MOTION by Roberts, SECOND by Ladner to approve the Consent Calendar as
amended
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1
Deaton, Ladner, and Roberts
None
O'Malley
2 Minor Plan Review 06-5
3580 Aster Street
AppllcanUOwner
Wanda and Dan Crowley
Request
To construct a BBQ and counter structure up to 48 Inches In
height to be located approximately 1 foot from the side
property line, where the Code requires a 5-foot side setback,
Page 2 of 13
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CIty of Seal Beach Planmng CommIssion
Meetmg MInutes of June 7, 2006
and approximately 8 feet 5 Inches from the rear property
line, where the Code requires a 10-foot rear setback,
Recommendation
Approval, subject to conditions, and adoption of Resolution
06-20
Commissioner Roberts asked If the BBQ IS to be 5 feet high or 48 Inches high Mr
Whittenberg stated that Resolution 06-20 should reflect 48 Inches as the height of the
BBQ Commissioner Roberts then asked which of the two sets of plans submitted IS the
correct one. Ms Teague stated that the plan that IS separate from the Staff Report IS
the correct one
MOTION by Roberts, SECOND by Ladner to approve Minor Plan Review 06-5 and
adopt of Resolution 06-20 as presented
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1
Deaton, Ladner, and Roberts
None
O'Malley
Mr Abbe advised that the adoption of Resolution No 06-20 begins a 10-day calendar
appeal penod to the City Council The Commissioner action tOnight IS final and the
appeal penod begins tomorrow morning
SCHEDULED MATTERS
None
PUBLIC HEARINGS
3. Tentative Parcel Map 2006-160
Conditional Use Permit 06-4
132 - 13th Street
AppllcanUOwner
Scott L Levitt I Bollen Family Trust
Request
Approval of a parcel map to legally combine two lots Into one
parcel for the purpose of creating two airspace
condominiums The proposal conforms to the density
reqUirements of 1 Unit per 2,178 square feet of lot area and
the minimum lot size of 2,500 square feet per Unit In the
Dlstnct 1, ReSidential High Density (RHD) Zone A
Conditional Use Permit IS required for condominiums
Page 3 of 13
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City of Seal Beach Planmng Commission
Meetmg Mmutes of June 7, 2006
Recommendation
Approval, subject to conditions, and adoption of Resolution
06-21 and 06-22, respectively
Staff Report
Ms Teague delivered the staff report (Staff Report IS on file for inspection In the
Planning Department) She provided some background Information on this Item and
stated that the proposed development meets all zOning standards for denSity, setbacks,
and height for the construction on the two-lot property under single ownership She said
that the applicant proposes to create one lot, In thiS case to construct two
condominiums for separate ownership, which requires approval of a Tentative Parcel
Map (TPM) and condominiums require approval of a Conditional Use Permit (CUP) by
the Planning CommiSSion (PC) She noted that the two applications must be
considered together The Senior Planner then reViewed the height limits for the
Residentral HIgh DenSity (RHD) Zone, noting that In Dlstnct 1, when a lot IS up to 37 5
feet Wide the height limit IS 2 stones, 25 feet maXimum, and for lots greater than 37 5
feet Wide the height limit IS 2 stones, 25 feet maximum In the front half of the Jot, and the
rear half IS permitted to be 3 stones, 35 feet maximum She noted that the Code does
not specify height limits based on the number of dwelling Units She said that With the
ability to construct 3 stones on a 50-foot Wide property, more bUilding square footage
could be constructed than bUilding one Unit on each 25-foot Wide property She said
that Staff has researched Similar properties In that area of Old Town and found 48
properties that are 50 feet or Wider Of these only 6 lots have three-story structures,
and each of these structures was granted a Vanance She noted that the pnmary Issue
In thiS case IS neighborhood compatibility, and since there have been no Similar
condominiums constructed In the Old Town Dlstnct 1, the matter of consistency should
be considered, as thiS IS becoming more of a community concern Within thiS dlstnct
She indicated that due to these concerns, the PC has denied four Height Vanatlons
(HV) for Covered Roof Access Structure(s) (CRAS) In the last 2 years, and on Apn119,
2006, a study session on manSIOnlZatlon was conducted by the PC With reSidents of Old
Town expressing their opposition to three-story structures Within Dlstnct 1 Ms Teague
noted that City Code does allow three-story structures on lots of thiS size She stated
that the TPM as submitted does conform to the City's General Plan (GP) She then
explained some of the modifications to the plans that the PC could recommend In order
to deem thiS project acceptable The Senior Planner reiterated that the main Issue With
CUP 06-4 would be compatibility, and since there has previously been no Similar project
submitted, Staff makes no recommendations on the determination of the PC She then
Indicated that Staff received two letters In OppOSition to thiS application and copies were
proVided to the PC Ms Teague then prOVided a bnef PowerPolnt presentation of
photographs of the lots along and surrounding 13th Street that could bUild up to 35 feet
on the rear portion of the lot (Presentation IS on file for inspection In the Planning
Department)
CommiSSioner Roberts asked that Ms Teague prOVide a definition of "airspace
condominium" Mr Whittenberg explained that With airspace condominiums, the
ownership that a person has of hiS or her Unit IS most tYPically of the Intenor walls of the
Page 4 of 13
CIty of Seal Beach Plannmg Commission
Meetmg Mmutes of June 7, 2006
1 Unit from ceiling to floor, with the outside walls, the roof, and the yard areas owned
2 under a homeowners association with common maintenance responsibilities to ensure
3 consistent maintenance of the extenor appearance He noted that he had explained to
4 the applicant that with a PC of 4 members, a 2-2 vote would constitute a denial He
5 explained that at one time City ordinances had required 3 affirmative votes by the PC
6 for approval of any action, but this IS no longer the case
7
8 Commissioner Deaton inqUired about the public noticing Ms Teague stated that public
9 notice was mailed to all property owners and occupants within a 300-foot radius of the
10 project site, and the notice was also published In the Sun Newspaper
11
12 Commissioner Ladner asked If there IS a separation between the two condominiums
13 Ms Teague stated that the two Units are slde-by-slde and are under the same roof
14 She added that the RHD Zone requires a 5-foot side setback for the 50-foot wide lots
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16 Commissioner Roberts asked what the front and rear setbacks are Ms Teague stated
17 that the front setback for the RHD Zone IS a 12 foot average and the rear setback IS 9
18 feet
19
20 Public Hearina
21
22 Acting Chairperson Deaton opened the public heanng
23
24 Scott Levitt, stated that he represents the Limited Liability Company (LLC) that IS the
25 applicant for this project He questioned why Staff just Included a small section of Old
26 Town In their visual presentation, and In all fairness, all of Old Town should be
27 considered, as he IS certain not every person present tOnight lives Within the boundanes
28 of the areas presented He c1anfled that he IS not seeking a Vanance of any kind He
29 stated that he read the ZOning Code and had the plans specifically tailored to these
30 requirements He noted that were he bUilding a duplex With the same archItectural
31 plans, he would not have required any discretionary approval He said that he Wishes to
32 bUild a project where he can live In one Unit and sell the other, and In this respect he will
33 be able to afford to live In Seal Beach He noted that If he chose, he could construct a
34 10,000 square foot single-family residence (SFR) on this site or two, 2-story slngle-
35 family residences (SFR) on 7,549 square feet, Without any review by the PC He
36 provided a spreadsheet listing similar projects throughout Old Town and calculated the
37 ratio between livable square feet versus lot Size, and noted that most of these structures
38 were bUilt In the 1960's and early 70's He stated that hiS project would have 5-foot side
39 setbacks With a lot coverage ratio under 66%, which IS less than the 75% ratio allowed
40 He noted that there are approximately 13 other condominium projects recently sold
41 Within Seal Beach and cited several examples of this He then read Into the record
42 comments made by the Director of Development Services as they appear on Pages 9-
43 10 of the minutes of Apnl 19, 2006 from the study session on the tOpiC of
44 Manslonlzatlon as follows
45
Page 5 of 13
CIty of Seal Beach Planmng CommIssIon
MeetIng Mmutes of June 7, 2006
1 " . m the opimon of Staff. the pattern of existing development, lot sizes
2 and related setback and lot coverage reqUirements are sufficient enough
3 that the perceIVed impacts of new home construction is substantially
4 reduced Modlftcatlons to roof style provIsions for the front of the
5 structure, even within the Old Town RMO and RHO zones, would have
6 some slgmftcant Impacts on reducing the perceIVed bulk along the street
7 frontage"
8
9 "Commissioner Ladner asked If the lot coverage ratio would change If a
1 0 property were made up of two lots Mr. Whittenberg stated that you
11 cannot bUild across a property Ime unless you apply for a parcel map to
12 create one lot, m which case, the reqUirements for Side yard setbacks
13 increase in size "
14
15 Mr LeVitt stated that increasing the setbacks to 5 feet helps compensate for the shadow
16 from higher structures He then referred to new plans prepared with a 30 percent
17 reduction In the 3rd floor and In the overall square footage so that the condominiums
18 would be more compatible with the surrounding homes He then presented photos of a
19 Similar Unit at 329 10th Street, constructed within the last 6 months, and others at 122
20 11th Street, and 112 8th Street He noted that all of approximately 100 owners of
21 properties In Old Town measunng 37 5 feet Wide are able to construct a three-story
22 structure on the rear 50 percent of the property
23
24 Joe SCibelli spoke In favor of replaCing SIX rental Units With two Single-family reSidences
25 and redUCing parking Impacts He stated that property owners Within Seal Beach would
26 rather have an owner as a neighbor than a renter
27
28 Joyce Parque stated that she is the real estate agent for the seller She said that the
29 proposed project conforms to City Code and should be granted approval
30
31 Bruce Boehm, 131 14th Street, stated that hiS home IS directly across the alley from the
32 proposed proJect. He stated that a three-story, monolithiC condominium complex In the
33 middle of the block, surrounded by one and two-story small reSidential income
34 properties would be incompatible With the neighborhood He noted that thiS represents
35 another case of a developer attempting to change the character of the neighborhood In
36 order to maXimize hiS profit at the expense of nelghbonng property owners He stated
37 that the City needs to change the Code to limit construction of homes Within Old Town
38 to two-stones With a maximum height of 25 feet regardless of the lot Size, or limit three-
39 story structures to the avenues or Main Street, and livable square footage should also
40 be limited Mr Boehm also Indicated that the City should require 4 garage parking
41 spaces that open to the alley for lots that are 5,500 square feet or larger He noted that
42 Mr LeVitt's proposal limits parking to one, 448-square foot two-car garage He stated
43 that a tandem garage IS no substItute for the current 4-car garages that each open to
44 the alley. He said he would have no problem With thiS plan If It were for two-story
45 homes He recommended denial of Tentative Parcel Map (TPM) 2006-160 and
46 Conditional Use Permit (CUP) 06-4
Page 6 of 13
City of Seal Beach Plannmg Commission
Meelmg Mmutes of June 7, 2006
1 Nancy Smith, 127 13th Street, saId that she has two 50-foot wide lots and will be
2 presenting plans to the Planning Commission (PC) for adding on to her home She
3 explained that she has an approximate 1,500 square foot home that has gotten too
4 small for her family She noted that several architects attempted to convince her to
5 construct a large, three story home, but she does not feel that she can agree to this and
6 continue to live In this neighborhood She said that her new home will measure 2,800
7 square feet and will be 25 feet high She discouraged the granting of any kind of
8 Variance and recommended denial of TPM 2006-160 and CUP 06-4 Commissioner
9 Deaton clarified that the PC IS considering approval of a CUP and not a Variance
10
11 Jim Cavlola, 1117 Ocean Avenue, expressed his Opposition to the CUP process and to
12 thIs application He said that all that IS happening IS that the applicant IS trying to make
13 a profit He stated that homes no longer have 15-foot front setbacks and the new
14 homes are being bUilt to cover the entire lot He noted that only after a person's name
15 is offiCially on the property deed, should he or she be allowed to submit an application of
16 thiS kind
17
18 Bill Ayres, 707 Central Avenue, recommended denial of TPM 2006-160 and CUP 06-4
19 as thiS would set a bad precedent He said that thiS type of project belongs In
20 Huntington Beach and IS really all about money and would set a precedent that would
21 rUin the uniqueness of Seal Beach
22
23 David Rosenman stated hiS concerns over the precedent thiS would set, and said thiS
24 would lead to manSIOnlZatlon of many properties In Old Town He said that perhaps
25 City Council should review the Issue of manSIOnlZatlon more directly prior to making a
26 deCISion on a project of thiS type He cautioned that allOWing the loss of many of the
27 moderate Income homes In town would eliminate an Important cross section of the
28 community that keeps Seal Beach what It IS He recommended denial of thiS
29 application Mr Rosenman then commented that the City would be lOSing a very
30 valuable employee With Christy Teague leaVing the City to accept employment With the
31 City of Dana POint Commissioner Roberts stated that the PC was In agreement With
32 thiS
33
34 Melinda Howell VOiced her opposition to TPM 2006-160 and CUP 06-4 She said that
35 she loves Seal Beach because It IS stili a beach community and big homes do not
36 belong here She said that when recently vIsiting Balboa Island, she spoke With a real
37 estate agent who has lived there for 40 years, who commented about a time when you
38 could open the doors and Windows to your home and fresh air would blow through the
39 house, but now more homes are reqUiring the Installation of air conditioning because
40 neighbOring homes are so big and so high that air IS not Circulating between them Ms
41 Howell questioned how a CUP could be granted to a project like thiS when once It IS
42 constructed It cannot be changed
43
44 MitZI Morton, 153 13th Street, stated that her family moved to Seal Beach In 1958 and
45 owns a 50-foot Wide lot She said that they constructed a triplex on half of the lot, as
46 thiS was then the trend She said that they had the option to add another triplex, but
Page 7 of 13
CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of June 7, 2006
1 chose not to do so and now have 25 feet of open space, which turned out to be a good
2 decIsion, as her neIghbor has constructed a "monstrous" two-story house that has
3 rUined her 25-foot lot She Indicated that after receiving notice of thiS project and
4 discovering that these were to be three-story structures, she and other 13 h Street
5 residents canvassed the neighborhood and found that no one was aware that these
6 condominiums were to be three stories high She noted that 95 percent of those
7 canvassed were opposed to having three story structures on thiS street She stated that
8 on 13th Street alone there are seven 50-foot wide lots, and approval of such a project
9 would have a serious Impact upon thiS neighborhood and would set an undesirable
10 precedent She recommended denial ofTPM 2006-160 and CUP 06-4
11
12 Carla Watson, 1635 Catalina Avenue, stated she IS a 44-year resident of Seal Beach
13 and has been Involved with many community causes throughout the years and now
14 wants to speak regarding preserving Old Town She indicated that what has happened
15 with Seal Beach IS an embarrassment as the Old Town atmosphere IS being eroded
16 She noted that developers and incomIng resIdents are not taking a look at the
17 neighborhood and conSidering the compatibility and preservation of the community
18 enVIronment She said she believes rental properties are Important In Seal Beach
19 because they are a part of the commUnity climate and provide a diversity of residents
20 She encouraged the PC to deny thiS request
21
22 Richard Moody, 312 13th Street, spoke In opposition to thiS application noting that he
23 lives on a large lot In a 900 square foot house with a nice back yard He noted that next
24 door there IS a three-story "mansion" so that all he sees from his lot IS house, and he
25 now has to Install air conditioning since he no longer gets any air circulation as the large
26 structure blocks the wind He recommended denial
27
28 Commissioner Deaton paused to request a show of hands of those present In favor and
29 In opposition ofTPM 2006-160 and CUP 06-4
30
31 VIC Grgas, 211 15th Street, spoke In OppOSition He stated that hiS 37 5-foot wide lot
32 prOVides 3 garages for a single-family residence (SFR) and the City should conSider
33 increasing the parking requirements for these larger homes He noted that the 13th
34 Street LLC Includes Councilman Michael LeVitt as a member, and he would have to
35 recuse himself from taking any action at the Council level on thiS application He
36 Indicated that allOWing a third story on the rear of 37 5-foot Wide lots was Intended to
37 prOVide additional living space for only one SFR per lot He stated If the applicant wants
38 to construct one SFR on a 37 5-wlde lot, he would encourage the PC to require
39 additional parking, otherwise the applicant should construct two, 25-foot high Units and
40 prOVide adequate parking for each unit
41
42 Gem West, 1301 ElectriC Avenue, presented petitions with 87 signatures In OppOSition
43 to thIS project She referred to Government Code (GC) 66424 and the diSCUSSion
44 regarding TPMs on Page 2 of the Staff Report She asked that someone show her
45 where GC 66424 states that two parcels can be JOined together to create one Mr Abbe
46 stated that there IS a pre-existing building spanning two lots, and when such a case
Page 8 of 13
CIty of Seal Beach Plannmg CommIssIon
Meetmg MInutes of June 7, 2006
1 predates the enactment of the SubdivIsion Map Act, the practice of the City IS to allow
2 another bUilding to span the two lots Ms West stated that the GC refers to subdividing
3 a lot and not consolidating two lots Into one Commissioner Deaton suggested that Mr
4 Abbe research this Information and present his comments after the public hearing
5
6 Warren Morton, 153 13th Street, stated that the residents of Seal Beach do not want
7 these three-story structures He said that air space IS needed and residents don't want
8 Seal Beach to look like Surf side He recommended denral
9
10 Barbara Barton, 415 Ocean Avenue, said that she and her husband have lived In Seal
11 Beach since 1965 She noted that at that time It was a very small, quaint beach
12 communrty, and she does not want this to change She recommended denral and said
13 that residents need to see air, sunrises, sunsets, and hOrizons
14
15 Scott LeVitt, speaking In rebuttal, presented plans showing the elevation views of the
16 proposed condomlnrums and noted the With a 12-foot setback, a 10-foot sidewalk, a 30-
17 foot wide street, and a 10-foot sidewalk across the street, an indiVidual could look up
18 and would stili not see the third floor of the proposed condomlnrums He noted the
19 amount of open space there IS between the condominiums, and said that the alley view
20 could also be shown on the plans He then explained that the project will Include two, 2-
21 car garages, and noted that the number of cars will be reduced from what currently
22 eXists for the slx-unrt apartment structure He reiterated that he IS not requestIng a
23 Variance and Indicated that hiS family moved to Seal Beach when he was 7 years old,
24 and he lived here for 24 years, and comes to Seal Beach every weekend He clarified
25 that this IS a cash-funded project and he is not seeking funding to complete It He
26 added that it IS not the bUSiness of the public or the PC whether the LLC will or will not
27 profit from this project He emphaSized that he IS not seeking any type of Vanance for
28 any option that does not comply With City bUilding standards, and he has reduced the
29 third floor structure by 25 percent He commented that everyone has their own Idea of
30 what a neighborhood should be, and unfortunately, Old Town Seal Beach IS not a
31 homeowners aSSOCiation, and all he wants to do IS bUild what he IS legally allowed to
32 bUIld He added that If people are concerned about the bUIlding of larger homes, they
33 should have spoken up over 3 years ago when the 8,000 square foot homes began
34 gOing up along Ocean Avenue He requested that the PC grant approval to this
35 application Commissioner Roberts stated that In Mr LeVitt's comparison spreadsheet
36 he states that on a 50 x 117 5 foot lot the allowable square feet for the first floor IS
37 3,860, but that the proposed first floor measures only 2, 862 square feet He asked that
38 With the side and rear setbacks, where would the additional 1,000 square feet be Mr
39 LeVitt stated that the architect has computed this and perhaps Ms Teague could
40 respond to this Ms Teague explained that bUilding Within the required setbacks on the
41 first floor would allow 3,860 sq ft Commissioner Roberts asked If the third story were
42 denred, what kind of financial Impact would this create for Mr LeVitt? Mr LeVitt stated
43 that he has not run the numbers on a two-story proJect, as he deSigned the home to be
44 hiS dream house and planned on liVing In a three-story home Commissioner Roberts
45 asked If he were to have the option of selling both unrts, would he stili complete the
46 project Mr LeVitt said that he would not Commissioner Roberts Inquired about the
Page 9 of 13
CIty of Seal Beach Planmng CommIssIon
MeetIng Mmutes of June 7, 2006
1 proposed lot coverage of 70 percent as listed In Mr Levitt's Application for Public
2 Heanng Mr Levitt stated that the project had been scaled down to 66 percent lot
3 coverage Commissioner Roberts noted that with the proposed project qUite a bit of
4 open space IS being traded for bUildings, and the 66 percent does not reflect thiS He
5 said that his position on thiS project IS to proceed without approval of the CUP permitting
6 the third story Mr Levitt stated that he has not seen the petition and has no Idea what
7 these people were told
8
9 There being no one else wishing to speak, Acting Chairperson Deaton closed the public
10 heanng
11
12 Mr Whittenberg noted that the Assistant City Attorney IS ready to respond to the
13 concern expressed by Ms Gem West Mr Abbe referred to Page 2 of the Staff Report,
14 which states that generally parcel maps are used for the creation of additional lots under
15 the SubdivIsion Map Act (SMA), however, In thiS case one lot IS being created with a
16 parcel map He explained that In thiS case air space IS being divided Into different lots
17 With regard to Government Code 66424, which IS a part of the SMA and simply defines
18 subdivIsion, and does state that subdivIsion does Include a condominium project, which
19 IS the division of air space He noted that he had spoken to the City Attorney about
20 whether an additional merger were required In thiS Situation, but was told that It IS not a
21 reqUirement, as there IS already a bUilding on the lot
22
23 Mr Whittenberg then provided responses to some of the comments made as follows
24
25 1 Commissioner Roberts questions regarding the percentage of Impervious surface as
26 noted on the Application for Public Heanng - ThiS IS something that the City IS
27 required to have In order to comply With Water Quality Control Board proviSions on
28 water quality and drainage from properties
29
30 2 What IS the Conditional Use Permit (CUP) conditiOning? - TYPically what IS
31 conditioned under a condominium project IS the requirement to provIde for revIew by
32 the City the Covenants, Conditions & Restnctlons (CC&Rs) for the operation and
33 maintenance of a condominium development After approval by the City the CC&Rs
34 are then submitted to the State Department of Real Estate to ensure that they meet
35 the City'S concerns as to how overall maintenance of the property IS to be
36 conducted Also, a specific site development plan for that development must be
37 approved so If In the future the owners Wished to add a room, they would have to
38 apply for approval of a new CUP and seek discretionary approval to revise the
39 previously approved condominium plan
40
41 3 Regarding the public notrce not Including Information on the proposal of a third story,
42 the City does not notice for Items that comply With City ZOning Standards and that
43 require no dlscretronary approval On properties that are 37 5 feet wide, by nght the
44 property owner can construct a third story on the rear half of the lot In thiS case
45 there IS a by nght type of use that IS subject to discretionary approval because of the
46 type of ownership for the property being requested
Page 10 of 13
City of Seal Beach Plannmg Commission
Meetmg Mmutes of June 7, 2006
1 4 Why did Staff not look at all of the 37 5 or 50-foot wide lots throughout Old Town? -
2 The CUP process IS one that deals with compatibility to the neighborhood so Staff
3 took an approach that Included only the Immediate neighborhood for 13th Street,
4 which Included the neighborhood bounded by Main Street, Electnc Avenue, Ocean
5 Avenue, and Seal Beach Boulevard He noted that Staff would take thiS same
6 position regarding compatibility for any proposed project beyond the west side of
7 Main Street
8
9 5 Based upon tOnight's discussion Staff would probably have to change some of ItS
10 thinking regarding how to deal With the Issue of manSIOnlzatlon for lots Within Old
11 Town that are wider than 37 5 feet
12
13 Commissioner Comments
14
15 Commissioner Deaton stated that thiS project must comply With the City's General Plan
16 (GP), and In reviewing the GP over and over It refers to the objective of retaining a small
17 town character In Seal Beach She then read from the General Plan as follows
18
19 Introduction on Page 4
20
21 "The City has been perceived as havmg a small town feel With a
22 small town like population ThiS concept shall be preserved and enhanced
23 for the future prosperity of the City as suggested by the General Plan
24 Committee"
25
26 Page LU-36
27
28 "People have been attracted to Seal Beach pnmanly due to ItS
29 umque geographical location, educational opportumty, attractive beaches,
30 Ideal climate, and small town fnendly character. A goal of the City IS to
31 mamtain and promote those social and phYSical qualities that enhance the
32 quality of the community and enVironment m which we live."
33
34 Page LU-37
35
36 "the City Will contmue to provide support for ItS reSidents, maintam ItS
37 infrastructure, and provide jobs and housing balance while stili mamtammg
38 ItS small town atmosphere "
39
40 She continued by stating that the PC IS not concerned WIth profit or fInancing and
41 everyone deserves the nght to "make a buck" She said that what the PC IS concerned
42 With IS maintaining the small town atmosphere With no more shadows and trying to raise
43 plants With no sunlight and having to Install air conditiOning because the ocean breeze
44 IS blocked She stated that thiS IS what happens when three-story homes are
45 constructed, She noted that thiS may be unfortunate timing for the applicant as the PC
46 has been studYing the Issue of manslonization and receiving feedback from residents
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of June 7, 2006
saYing "please allow no more third stones, whether for single-family resIdence,
duplexes, or whatever" She said that she personally sent a plea to City Council to
begin the process of changing the City Code She stated that Old Town IS beginning to
look like a cookie cutter Truman Show style town, and what residents want IS a small
town, fnendly atmosphere She noted that the Issue IS not square footage as such, but
bulk and Integnty of the community She said she would like to make a motion to
approve the condominium concept, but a project that will be In keeping With a small
town community She indicated that she believes you can have a lovely home and live
In the community Without changing the community In order to do so She moved that
the PC direct Staff to prepare a resolution approving thiS project conditioned upon a
two-story structure Mr Abbe requested that a condition also be added stating that
approval of Conditional Use Permit 06-4 would be contingent upon City CounCil
approval of Tentative Parcel Map 2006-160, because If the PC approved CUP 06-4 and
City CounCil denies approval of TPM 2006-160, thiS could create "a strange legal limbo"
MOTION by Deaton, SECOND by Roberts to approve Conditional Use Permit 06-4 With
the condition that the condominium structure be restncted to two-stones Approval
would also be contingent upon City CounCil approval of Tentative Parcel Map 2006-160
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1
Deaton, Ladner, and Roberts
None
O'Malley
Mr Abbe adVised that the approval of Conditional Use Permit 06-4 IS a final deCISion of
the Planning CommiSSion, and the 10-day calendar appeal penod to the City CounCil
Will begin after adoption of Resolution 06-22 at the Planning CommiSSion meeting of
June 21, 2006
MOTION by Roberts, SECOND by Ladner to recommend approval to City CounCil of
Tentative Parcel Map 2006-160 and adopt Resolution 06-21 as presented
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-1
Deaton, Ladner, and Roberts
None
O'Malley
Mr Whittenberg indicated that Staff would return With the formal Resolution Nos 06-21
and 06-22 for adoption at the Planning CommiSSion meeting of June 21, 2006 He
adVised that adoption of Resolution No 06-22 would begin a 10-day calendar appeal
period to the City Council and the CommiSSioner action would be final With the appeal
penod beginning the morning after adoption Mr Abbe adVised that the publiC heanng
on these Items IS closed and there would be no additional public comment taken at the
meeting of June 21, 2006
Page 12 of 13
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City of Sea/ Beach Planning Commission
Meeting Minutes of June 7, 2006
STAFF CONCERNS
Mr. Whittenberg reported that the Senior Planner, Chnsty Teague, has accepted a
position with the City of Dana POint as the Economic Development Manager He noted
that she would be present at the meeting of June 21, 2006. He congratulated Ms.
Teague and stated that It has been a pleasure to work with her and she Will be missed
COMMISSION CONCERNS
Commissioner Roberts referred to a letter received by the Planning Commission from
Steve and May Smith at 520 Ocean Avenue and noted that a response from the City
was forwarded to Mr. & Mrs Smith. He said that the letter related to the issue of
landscaping and blockage of neighbonng views. He recommended that this issue be
forwarded to City Council for direction on how to address this He said that this Issue
has previously come before the PC, but he would like to hear from City CouncIl. Mr.
Whittenberg recommended placing this on a future agenda as a discussion item
Commissioner Ladner asked if the City had any authonty regarding what residents plant
in their yards. Mr Whittenberg stated that this is ultimately a policy deCISion. He said
that some cities do have regulations that deal with this. Mr. Abbe added that If
shrubbery IS overgrown or is a nUisance it can be abated
Commissioner Deaton stated that any policy regarding manSlonlzatlon should reflect
elimination of third stones and she also requested that City Council provide direction on
how to proceed as far as cleaning up the Code on the issue of third stones Mr.
Whittenberg stated that this could also be placed on the next agenda for discussion
ADJOURNMENT
Acting Chairperson Deaton adjourned the meeting at 9 25 P m.
Respectfully Submitted,
C\Q_~ \)~~
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
The Commission on June 21, 2006, ap~~ the Minutes of the Planning Commission
Meeting of Wednesday, June 7, 2006 .
Page 13 of 13