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HomeMy WebLinkAboutPC Min 2006-06-21 City of Seal Beach Plannmg Commission. Agenda of June 21, 2006 City of Seal Beach Planning Commission Agenda for June 21,2006 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 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 May 2006 BUilding ACtiVity Report 2 Approve Planning Commission Meeting Minutes of June 7, 2006 3 Minor Plan Review 06-6 921 Blue Heron Applicant/Owner Richard Loghry / John & Jayne O'Brien Request To construct an approximately 6-foot high waterfall/fire pit structure In the 5-foot south Side setback area, 1 City of Seal Beach Plannmg Commission. Agenda of June 21, 2006 Recommendation Approval, subject to conditions, and adoption of Resolution 06-28 VI SCHEDULED MATTERS 4 Adopt Resolution 06-20 Approving Conditional Use Permit 06-4 for the construction of two air space condominiums at 132 13th Street 5 Adopt Resolution 06-21 Recommending Approval of Tentative Parcel Map 2006-160 for 132 13th Street to legally combine two lots Into one parcel VII PUBLIC HEARINGS VIII STAFF CONCERNS IX COMMISSION CONCERNS X ADJOURNMENT Jul05 Jul19 Aug 09 Aug 23 Sep 06 Sep 20 Oct 04 Oct 18 Noy 08 Noy 22 Dec 06 Dec 20 City of Seal Beach Planning CommiSSion. Agenda of June 21, 2006 2006 Aaenda Forecast CANCELLED Minor Plan Review 06-7 - 4564 Dogwood Avenue CUP 05-6 (Indefinite Extension) - 148-F Main Street (Fyslcly Fit) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of June 21, 2006 Acting Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 730 pm on Wednesday, June 21, 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, O'Malley, and Roberts Also Present Department of Development Services Lee Whittenberg, Director of Development Services Christy Teague, Senior Planner Alexander Abbe, Assistant City Attorney Absent None AGENDA APPROVAL MOTION by Roberts, SECOND by Ladner to approve the Agenda as presented MOTION CARRIED AYES. NOES. ABSENT: 4-0 Deaton, Ladner, O'Malley, and Roberts None None ORAL COMMUNICATIONS Acting Chairperson Deaton opened oral commUnications Acting Chairperson Deaton presented departing Senior Planner, Christy Teague, With Resolution 06-26 commending her for her work while employed With the City of Seal Beach Mr Whittenberg added that Ms Teague has been a real asset to the City of Seal Beach and Staff Wishes her the very best In her new pOSition as Economic Development Manager With the City of Dana POint 1 These Minutes were transcribed from audiotape of the meeting 1of7 City of Seal Beach Plannmg Commission Meeting Mmutes of June 21, 2006 1 Bruce Boehm, 131 14th Street, spoke regarding Tentative Parcel Map 2006-160 noting 2 that Mr Scott Levitt does not yet own the property, and the time to stop construction of 3 3-story structures IS now He stated that he contacted the California Coastal 4 Commission (CCC) and was told that Mr Levitt had already received approval from the 5 CCC to construct a 3-story dUDlex at 132 13th Street He said he did not understand 6 how CCC approval was granted without Mr Levitt having received approval from the 7 City of Seal Beach He indicated that the text In Resolution 06-22 IS very weak In that It 8 would allow construction of a 3-story duplex He proposed that the text state "a duplex 9 bUilt on a combined lot shall remain under the ownership of a single entity In perpetuity " 10 He stated that a clear recommendation must be sent to City Council that no more 11 3-story structures should be allowed In Old Town He noted that If approved, this 12 proJect would represent the first time that a 3-story duplex was ever bUilt In the middle of 13 a single-story, and 2-story reSidential neighborhood He suggested that the best 14 solution might be to table the TPM until after City Council has had the opportUnity to 15 meet on Monday, as Councilman Antos Will be proposing a moratorium on 3-story 16 structures In Old Town 17 18 Arnold Furr, 116 3'd St, proposed that when looking at the Issue of 3-story structures In 19 Old Town, the Planning Commission should also evaluate whether to continue to allow 20 Covered Roof Access Structure(s) (CRAS) , as there are other ways of haVing roof 21 access with haVing the covered stairways 22 23 Joyce Parque stated that she owns a double lot that IS surrounded by 3-story apartment 24 bUildings She said that the Planning Commission (PC) should not take away her 25 property rights until there IS a public hearing She noted that most of the people who 26 have spoken against thiS proJect are owners of nonconforming structures, and yet they 27 have been allowed to do work on their bUildings She said that thiS IS selective 28 enforcement, as some people receive special conSideration for every home they 29 propose to bUild In town She said there are many political and ethical challenges to be 30 addressed before conSidering rewriting the Code 31 32 Kim Klisanln, 218 11th Street, stated that he has lived In Seal Beach for many years and 33 owns SIX properties Within town, which he worked very hard to acqUire He said that 34 should he Wish to split one of hiS properties, or to construct a 3-story home on a double 35 lot, he feels that he should be able to do thiS He noted that he has clients present 36 tOnight who purchased a large lot on 118 11 th Street and already have their plans for a 37 3-story home before the California Coastal CommiSSion (CCC) He said that they paid 38 good money for their property and should not be denied the ability to do thiS He then 39 noted another client who purchased a property at 113 11 th Street With a condemned 40 structure on It, which he has had demolished and IS now debating whether to construct 41 a new home on thiS lot, or purchase a larger double lot Mr Klisanln stated that he IS 42 concerned, as he sold these lots to these clients With the understanding that they could 43 construct a 3-story structure He indicated that times are changing and people no 44 longer live In small, 2-bedroom, 1 bath homes, but are constructing larger homes, and 45 the City does benefit from taxes whenever new construction takes place 46 2of7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planmng CommiSSIOn Meehng Mmutes of June 21, 2006 Bob Black stated that he owns two properties In town and what bothers him the most about Resolution 06-21 IS that It caters to a few people He noted that as long as he IS abiding by City Code, he does not feel that anyone should dictate what he can or cannot do on his property, and he should be able to get a return on his Investment He said that the PC IS manipulating the real estate Industry by prohibiting 3-story homes He noted that he has never heard anything good about the Seal Beach Planning Commission or City CounCil, and he promises to fight against this proposed moratorium Scott Levitt, the applicant for the 132 13th Street property, stated that he IS In agreement with the comments made tOnight He said that Imposing this moratorium based upon a few reSidents prompting a CounCilman to do so IS embarrassing He said that as an attorney he works to uphold the law and hates seeing the law circumvented He said that he has Invested a lot of money on the proposed proJect and noted for the record that the city did provide written notice to 139 people Within a 300-foot radius of the proposed Site, and out of these 139 people, 1 of them attended the public hearing two weeks ago, which shows the level of concern the Immediate neighbors have about Improving a 50-year-old bUilding, and replaCing It With a structure that IS 3 stories on the rear half of the lot, even though the third story IS not VISible from the front of the lot or from the street He said that the Director of Development Services had correctly explained the requirement for a Conditional Use Permit (CUP) In order to construct condominiums and noted that thiS has to do primarily With ensuring that the CC&Rs clearly present the requirements for common area maintenance He noted that thiS IS what the CUP IS for, not to permit a third story, and thiS IS why he was so upset at the last meeting, as the has PC basically Ignored thiS fact He indicated that he has observed several blatant Violations of City Code Within the neighborhood, and finds It Interesting that the PC chooses to overlook these He stated that In reviewing thiS application Acting Chairperson Deaton had not been obJective nor did she make a decIsion based upon City Code, but Simply read from selected portions of the GP designed to help back up her pOSition on thiS Issue He called for her Immediate resignation There being no one else Wishing to speak, Acting Chairperson Deaton closed oral commUnications CONSENT CALENDAR 1 May 2006 BUilding ACtiVity Report 2 Approve Planning CommiSSion Meeting Minutes of June 7,2006 3 Minor Plan Review 06-6 921 Blue Heron Applicant/Owner Richard Loghry / John & Jayne O'Brien 3of7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City of Seal Beach Plannmg Commission Meetmg Minutes of June 21, 2006 Request To construct an approximately 6-foot high waterfalllflre pit structure In the 5-foot south side setback area, Recommendation Approval, subJect to conditions, and adoption of Resolution 06-28 Member O'Malley noted that although he was absent for that meeting, he has viewed the videotaped proceedings and will vote on this Item MOTION by Roberts, SECOND by Ladner to approve the Consent Calendar as presented MOTION CARRIED: AYES' NOES: ABSENT' 4-0 Deaton, Ladner, O'Malley, and Roberts None None Mr Abbe advised that the adoption of Resolution No 06-28 begins a 10-day calendar appeal period to the City Council The Commissioner action tonight IS final and the appeal period begins tomorrow morning SCHEDULED MATTERS 4 Adopt Resolution 06-21 Approving Conditional Use Permit 06-4 for the construction of two air space condominiums at 132 13th Street Mr Whittenberg stated that Resolution 06-21 and 06-22 were prepared based upon the PC determination of June 7, 2006, and they have been reviewed by the City Attorney's office and are appropriate for adoption as presented Commissioner Roberts stated that the PC could approve these resolutions or suspend them and attempt to further acquire direction from City Council Acting Chairperson Deaton asked Mr Abbe what would occur If these resolutions were to be tabled Mr Abbe stated that given that the proposed resolution IS simply to approve a 2-story dwelling, he recommended approval Mr Whittenberg InterJected that Resolution 06-21 eliminates the third story, and would approve the condominium proJect With a two-story development He noted that If these resolutions are adopted the proJect applicant or any Interested party has a 10-day period of time to appeal the deCISion on Conditional Use Permit 06-4 to City CounCil He said that Staff feels the resolutions reflect the direction given by the PC two weeks ago, and are a separate Issue from the Item on the City CounCil agenda for Monday night's meeting, which relates to three story structures Mr Abbe added that based upon the Permit Streamlining Act, If no action IS taken Within a specific time period, there IS always the risk a proJect could be deemed 4of7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City of Seal Beach Plannmg Commission Meetmg Mmutes of June 21, 2006 approved He said that If the resolutions reflect what the PC voted on, he advised adopting them rather than postponing a vote, Commissioner Roberts asked what the significance was of adding the word "duplex" Into some of the approvals when this proJect talks about "condominiums" Mr Whittenberg explained that the project before the PC IS for a condominium proJect, so the resolution has to address thiS Commissioner Roberts asked If the California Coastal Commission (CCC) has approved thiS project as a duplex Mr Whittenberg stated that they have approved It as a duplex, and plans are In the BUilding Department to approve the bUilding as a rental unit He said that If City CounCil takes an action on third stories on Monday night, depending on how the ordinance IS structured, It mayor may not stop further proceedings on thiS proJect or any others In the pipeline Mr Abbe pOinted out that thiS IS a condominium application and under the Code thiS reqUires a CUP, and the legal standard for a CUP IS that you make a finding that It IS compatible With the surrounding neighborhood and consistent With the policies of the General Plan (GP), which he believes IS why Acting Chairperson Deaton read certain policies of the GP Into the record at the last meeting He said that thiS was an appropriate action given the PC's obligation to review the GP for thiS type of deCISion MOTION by Roberts, SECOND by Ladner to adopt Resolution 06-21 approving Conditional Use Permit 06-4 for the construction of two air space condominiums at 132 13th Street With the ImpOSition of two-story development only, as presented MOTION CARRIED. AYES: NOES: ABSENT: 4-0 Deaton, Ladner, O'Malley, and Roberts None None Mr Abbe adVised that the adoption of Resolution No 06-21 begins a 10-day calendar appeal period to the City CounCil The Commissioner action tonight IS final and the appeal period begins tomorrow morning 5 Adopt Resolution 06-22 Recommending Approval of Tentative Parcel Map 2006- 160 for 132 13th Street to legally combine two lots Into one parcel MOTION by Roberts, SECOND by Ladner to Resolution 06-22 recommending approval of Tentative Parcel Map 2006-160 for 132 13th Street to legally combine two lots Into one parcel MOTION CARRIED' AYES: NOES: ABSENT: 4-0 Deaton, Ladner, O'Malley, and Roberts None None Sof7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Plannmg Commission Meetmg Mmutes of June 21, 2006 Mr Abbe advised that adoption of Resolution No 06-22 IS a recommendation to City Council and there IS no appeal period PUBLIC HEARINGS None STAFF CONCERNS Mr Whittenberg noted that the July 5, 2006 Planning Commission meeting IS to be cancelled due to vacation schedules and a small staff, With the next meeting scheduled for July 19, 2006 Ms Teague stated that It has been a pleasure working With the Planning Commissioners and she has appreciated the opportunity to work With them on some very interesting Issues She also noted how valuable Mr Whittenberg has been to the City and stated that It has been an honor working With him COMMISSION CONCERNS Commissioner Roberts inquired about the Rossmoor Business Center Mr Whittenberg stated that the status remains the same, but Staff IS aware that they may receive grading plans and preliminary foundation plans soon CommisSioner O'Malley inqUired about the Seal Beach Pier groin proJect and asked If the approval for the remodel for Ruby's Diner IS due to expire soon Mr Whittenberg stated that he would have to check on the Ruby's approval He said that the pier IS due to open on June 29th or 30th With all of the groin work completed ADJOURNMENT Acting Chairperson Deaton adJourned the meeting at 8 11 P m Respectfully Submitted, C'1'~C\,,-^ ~/ Carmen Alvarez, Executive Secretary' Planning Department 6of7 City of Seal Beach Plannmg Commission Meetmg Mmutes of June 21, 2006 1 APPROVAL 2 3 The Commission on July 19, 2006, approved the Minutes of the Planning Commission 4 Meeting of Wednesday, June 21, 2006 Q.c.. 7of7