HomeMy WebLinkAboutPC Min 2006-07-19
City of Seal Beach Plannmg Commission' Agenda of July 19, 2006
City of Seal Beach Planning Commission
Agenda for July 19,2006
7:30 p.m.
PLEDGE OF ALLEGIANCE
II ROLL CALL
III AGENDA APPROVAL
By Motion of the Plannmg 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 June 2006 BUilding ACtiVity Report
3 Approve Planning Commission Meeting Minutes of June 21,2006
4
RECEIVE AND FILE City Council Staff Report Re
Development Standards - View Preservation Regulations
Appropriate
5 Minor Plan Review 06-7
4564 Dogwood Avenue
Applicant/Owner
Shaun Torbali
City of Seal Beach Plannmg Commission' Agenda of July 19, 2006
Request
Approval of after-the-fact 10ft deep by 12 ft wide by
11 ft 6 In high accessory structure In the 10-ft rear
setback and 5-ft side setback areas The structu re IS
located 26 Inches from the block wall fence on the rear
of the property line where the Code requires a 10-ft
setback and 18 Inches from the block wall fence on the
side property line, where the Code requires a 5-ft
setback
Recommendation
Approval, subJect to conditions, and adoption of
Resolution 06-27
6 Minor Plan Review 06-8
957 Blue Heron
Applicant/Owner
Paul Kagan
Request
To construct an 18-lnch high spa In the rear setback
area The proposed structure IS to be located 2 feet
from the rear property line, where the Code requires a
15-foot side setback
Recommendation
Approval, subJect to conditions, and adoption of
Resolution 06-28
VI SCHEDULED MATTERS
7 Review and Approval of Proposed "Schedule of Activities and Meetings -
Three Story Interim Ordinance"
VII PUBLIC HEARINGS
8 Conditional Use Permit 05-6 (Indefinite Extension)
148-F Main Street (Fyslcly Fit)
Applicant/Owner
Craig Claro / LST Investments
Request
Indefinite Extension of previously approved Conditional
Use Permit 05-6 for a one-on-one personal training and
phYSical therapy faCility In an approximately 1,500 sq ft
tenant space facing Central Avenue
2
City of Seal Beach Plannmg Commission' Agenda of July 19, 2006
Recommendation
9 Variance 06-2
401 Central Avenue
Applicant/Owner
Request
Recommendation
VIII STAFF CONCERNS
IX COMMISSION CONCERNS
X ADJOURNMENT
Approval, subject to conditions, and adoption of
Resolution 06-25
Edward Gullan / Stuart & Elizabeth Milligan
Addition of approximately 450 square feet to a legal
nonconforming residence and property Specifically,
the applicant IS requesting to add single-story additions
of a family room, bedroom, and office/den with a
restroom The eXisting residence encroaches Into the
required interior Side yard setback on the north Side of
the property and a variance IS needed to add building
space to that Side of the structure The proposed family
room additions would be set back 2 5 feet, Instead of
3 5 feet, from the northerly property line, and 3 5 feet at
the front corner, Instead of 5 5 feet A proposed
bedroom addition between the eXisting residence and
garage IS proposed to be set back 3 5 feet at the
southwest corner of the bedroom, Instead of 5 5 feet
Approval, subJect to conditions, and adoption of
Resolution 06-29
3
Aug 09
Aug 23
Sep 06
Sep 20
Oct 04
Oct 18
Nov 08
Nov 22
Dec 06
Dec 20
City of Seal Beach Plannmg Commission' Agenda of July 19, 2006
2006 AQenda Forecast
Minor Plan Review 06-9
CUP 04-1 (Indefinite Extension) -
CUP 05-5 (Indefinite Extension) -
CUP 05-7 (Indefinite Extension) -
Height Variation 06-3
4
948 Blue Heron
Carl's Jr Restaurant
Woody's Diner
Athens West
Ayres Hotel
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of July 19, 2006
Acting Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 730 P m on Wednesday, July 19, 2006 The meeting was held
In City Council Chambers and began with the Salute to the Flag 1
ROLL CALL
Present
Acting Chairperson Deaton, Commissioners Bello, O'Malley, and Roberts
Also
Present
Department of Development Services
Lee Whittenberg, Director of Development Services
Paul DaVelga, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent
Commissioner Ladner
Mr Whittenberg noted that he has received no notice from Commissioner Ladner
Indicating that he would be absent He suggested waiting for his arrival before taking
any action to excuse his absence
He then welcomed Commissioner Erin Bello as the newly seated member for District 3
He also Introduced the new Senior Planner, Paul DaVelga, formerly a planner with the
City of Huntington Beach, the City of Bellflower, and who has also worked within the
private sector
AGENDA APPROVAL
Mr Whittenberg noted that Staff had received comments on Item 5 and he
recommended removing thiS Item from the Consent Calendar for further diSCUSSion
Mr Abbe recommended that Item No 3 also be removed from the Consent Calendar for
further discussion
MOTION by Roberts, SECOND by O'Malley to approve the Agenda as amended
1 These Minutes were transcribed from audiotape of the meeting
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City of Seal Beach Plannmg CommiSSIOn
Meetmg Mmutes of July 19, 2006
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, O'Malley, and Roberts
None
Ladner
ORAL COMMUNICATIONS
Acting Chairperson Deaton opened oral communications
Joyce Parque stated that City Council would be addreSSing the Issue of the moratorium
on 3-story structures within Old Town and noted that there IS no need for discussion as
this IS Simply a way of denYing people their property rights She stated that Acting
Chairperson Deaton had not revealed that she met with CounCilman Antos prior to the
Planning CommiSSion meeting of June 21, 2006, and had presented a ~repared
statement that was totally biased against the applicant for the proJect at 132 13' Street
There being no one else wishing to speak, Acting Chairperson Deaton closed oral
communications
CONSENT CALENDAR
1 May 2006 Building ActiVity Report
2 June 2006 BUilding ACtivity Report
4 RECEIVE AND FILE City CounCil Staff Report Re Appropriate Development
Standards - View Preservation Regulations
6 Minor Plan ReView 06-8
957 Blue Heron
Applicant/Owner
Paul Ka9an
Request
To construct an 18-lnch high spa In the rear setback area
The proposed structure IS to be located 2 feet from the rear
property line, where the Code requires a 15-foot Side
setback
Recommendation
Approval, subJect to conditions, and adoption of Resolution
06-28
MOTION by O'Malley, SECOND by Roberts to approve the Consent Calendar as
amended
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MOTION CARRIED
AYES:
NOES:
ABSENT:
City of Seal Beach Plannmg CommissIon
Meetmg Mmutes of July 19, 2006
4-0-1
Deaton, Bello, O'Malley, and Roberts
None
Ladner
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 penod begins tomorrow morning
3 Approve Planning Commission Meeting Minutes of June 21,2006
Mr Abbe recommended that Commissioner Bello abstain from voting on this Item, as
she was not present at the meeting of June 21, 2006
MOTION by Roberts, SECOND by O'Malley to approve the Planning Commission
Meeting Minutes of June 21,2006 as presented
MOTION CARRIED'
AYES:
NOES:
ABSENT:
ABSTAIN
3-0-1-1
Deaton, O'Malley, and Roberts
None
Ladner
Bello
5 Minor Plan Review 06-7
4564 Dogwood Avenue
Applicant/Owner
Request
Recommendation
Staff Report
Shaun Torbatl
Approval of after-the-fact 10ft deep by 12 ft Wide by 11 ft 6
In high accessory structure In the 10-ft rear setback and 5-
ft Side setback areas The structure IS located 26 Inches
from the block wall fence on the rear of the property line
where the Code requires a 10-ft setback and 18 Inches from
the block wall fence on the Side property line, where the
Code requires a 5-ft setback
Approval, subject to conditions, and adoption of Resolution
06-27
Mr Whittenberg delivered the staff report (Staff Report IS on file for inspection In the
Planning Department) He prOVided some background Information on thiS Item noting
that a copy of the plans and photographs of the structure have been Included With the
Staff Report He stated that the applicant had begun construction Without the reqUired
permits and thiS IS an after-the-fact application He explained that accessory structures
Page 3 of 12
City of Seal Beach Planmng Commission
Meetmg Mmutes of July 19,2006
1 are allowed In rear and side yard setback areas subJect to the Minor Plan Review
2 (MPR) process He stated that the applicant does Indicate In his application that the
3 proposed use for the structure IS for a home office, but this IS not permitted as a use for
4 an accessory structure He said that should the Planning Commission (PC) approve
5 this application, It would have to Include the condition that this structure not be used for
6 a home office or livable space He noted that memoranda have been provided to the
7 PC documenting two phone calls received from neighboring residents at 4557 and 4565
8 Candleberry Avenue expressing their Opposition to this structure
9
10 PubliC Comments
11
12 Acting Chairperson Deaton opened for publiC comments
13
14 Shaun Torbatl, 4564 Dogwood Avenue, stated that he had erred In not InquIring about
15 the need for permits prior to beginning construction He stated that the accessory
16 structure would not be used for living space, but would be used as an office only He
17 noted that the completed bUilding would not be an eyesore and would not Interfere With
18 anyone's view He said If there IS a problem With the structure being too close to
19 neighbOring homes, he would be happy to have the structure moved or proVide a
20 landscape screening that would obscure the bUilding from view He requested approval
21 of MPR 06-7 CommiSSioner Roberts asked beSides electrical, what other utilities would
22 the structure have? Mr Torbatl stated that there would be a phone line for a fax
23 machine Commissioner Roberts asked If the bUilding would have an air conditioning
24 unit Mr Torbatl said It would not Commissioner O'Malley InqUired as to who would be
25 completing the construction Mr Torbatl stated that It IS to be constructed by the
26 company that designs these pre-fabricated structures Commissioner O'Malley
27 commented that he could not Imagine that the company would begin work Without
28 acquIring the appropriate permits Mr Torbatl took responsibility for thiS, noting that he
29 was told that In California thiS type of structure would be permissible Without having to
30 apply for a permit
31
32 There being no one else Wishing to speak, Acting Chairperson Deaton closed the publiC
33 comment period
34
35 Mr Whittenberg explained that the Zoning Code (ZC) has speCifiC proVISions for
36 allOWing certain types of structures Within Side and rear yard setbacks, which excludes
37 garages and habitable rooms He noted that as an office or a detached sleeping room
38 thiS would be habitable space under the BUilding Code (BC) and would not be allowed
39 He indicated that thiS application could be approved subJect to the condition that thiS
40 structure not be used as habitable space He also noted that the applicant could move
41 the structure outSide of the setback encroachments making It perfectly legal to use thiS
42 structure as office space
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City of Seal Beach Planmng Commission
Meetmg Mmutes of July 19, 2006
CommiSSioner Comments
CommiSSioner Roberts commented that one of the Opposition letters received
mentioned conversion to a covered patio, and one of the photographs highlights thiS
He noted that the ZC describes 45 percent lot coverage for a covered patio He asked If
thiS structure would constitute a covered patio, and If the lot coverage were close to
meeting the standard Mr Whittenberg stated that coverage with the structure IS
approximately 40 percent Commissioner Roberts asked If Mr Torbatl acqUired a
permit for the covered patio Mr Whittenberg stated that he believes there was a permit
for the patio
CommiSSioner O'Malley confirmed that If the structure were outside the required
setback areas, there would be no need for a MPR and the applicant could use the
structure for office space Mr Whittenberg confirmed that thiS was correct
CommiSSioner Roberts stated that he feels thiS application should be denied and the
applicant can deCide whether to apply for a Variance or move the structure outside the
required setbacks areas
MOTION by Roberts, SECOND by O'Malley to deny Minor Plan Review 06-7
MOTION CARRIED'
AYES:
NOES'
ABSENT,
4-0-1
Deaton, Bello, O'Malley, and Roberts
None
Ladner
Mr Whittenberg Indicated that Staff would return with the formal Resolution No 06-27
denYing Minor Plan Review 06-7 for formal adoption at the Planning Commission
meeting of August 9, 2006 He adVised that adoption of Resolution No 06-27 would
begin a 1 O-day calendar appeal period to the City Council and the Commissioner action
would be final with the appeal period beginning the morning after adoption He noted
that, In the meantime, the applicant was welcome to meet with Staff to discuss
alternatives for thiS project
SCHEDULED MATTERS
7 Review and Approval of Proposed "Schedule of Activities and Meetings - Three
Story Interim Ordinance"
Staff Report
Mr Whittenberg delivered the staff report (Staff Report IS on file for inspection In the
Planning Department) He proVided some background information on thiS Item and
noted that City Council Will be reviewing thiS Item at their meeting on Monday, July 24,
2006, to consider a 10-month 15-day extension of the 45-day moratorium on the
Page 5 of 12
City of Seal Beach Plannmg CommissIOn
Meetmg Mmutes of July 19, 2006
1 construction or additions to 3-story structures on any 37 5-foot wide or wider lots within
2 Old Town He explained that the Schedule of Activities IS tentative and will allow for the
3 PC to meet to receive comments from the public (Schedule of Activities IS on file for
4 inspection In the Planning Department) He briefly outlined the options for
5 determination available to the City as follows
6
7 1 Leave the Zoning Code (ZC) as IS
8 2 Change the ZC to prohibit 3-story construction Within the coastal areas
9 citywide (Would not Include Surf side )
10 3 Develop additional standards for 3rd story construction on the rear half of a lot
11 that would reduce the floor area, Increase side and rear yard setbacks, etc
12 4 Make these proJects subJect to either Conditional Use Permit (CUP) or Minor
13 Plan ReView (MPR) process
14
15 The Director of Development Services then Indicated that Staff has already begun to
16 research how other cities are handling thiS He noted that many of these Issues were
17 already discussed dUring the Study Session on the Impacts of Manslonlzatlon on slngle-
18 family residence (SFR) areas Within Seal Beach He stated that Staff has heard Similar
19 concerns regarding the large 2-story homes being bUilt up to lot setbacks
20
21 Acting Chairperson Deaton stated that she has received a number of telephone calls
22 inquIring about the schedule, and she doesn't believe that reSidents would want to
23 attend 5 sessions She asked which meeting would be the most significant Mr
24 Whittenberg stated that the first study session would be the most helpful one to attend,
25 but there IS always the possibility that the schedule might be even lengthier, depending
26 upon the findings Acting Chairperson Deaton asked If the PC should find that three
27 study sessions are not necessary, could the public hearing date be moved forward Mr
28 Whittenberg confirmed that It could Acting Chairperson Deaton then asked how the
29 publiC would be notified of these meetings Mr Whittenberg stated that once the
30 schedule IS adopted, It Will be published as a one-quarter-page display ad In the Sun
31 Newspaper Acting Chairperson Deaton then noted that reSidents have Inquired about
32 the distribution of flyers She stated that her opinion IS that any flyers that are
33 distributed to the community should inVite everyone's participation, as thiS IS not a
34 personal Issue, but an Issue regarding the Zoning Code (ZC) and everyone's Input IS
35 deSired
36
37 Commissioner O'Malley noted that With thiS "very aggressive" Schedule of ActiVities and
38 all of the research, report Writing, and follow-up Involved, perhaps It would be wise to
39 spread out the schedule for a longer time Mr Whittenberg Indicated that Staff knows
40 what the work schedule IS to be for the next 30-60 days With applications already In the
41 pipeline, and he believes thiS IS a workable schedule for the Three-Story Ordinance He
42 stated that thiS Issue Will Impact a greater portion of the community than IndiVidual
43 applications, and If needed, these applications could be rescheduled for a later hearing
44 date He reiterated that thiS IS an Issue that was recently addressed dunng the
45 Manslonlzatlon Study SeSSion, and Staff has already begun to gather Information In
46 response to thiS Commissioner O'Malley stated that the reason for hiS concern about
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of July 19, 2006
the schedule IS that at a recent City Council (CC) meeting Mr Whittenberg had
requested the ability to contract for assistance with thiS proJect and CC responded that
eXisting Staff would be adequate to accommodate thiS
MOTION by O'Malley, SECOND by Roberts to approve the Proposed "Schedule of
ActiVities and Meetings - Three Story Interim Ordinance," and forward to City Council
MOTION CARRIED:
AYES
NOES:
ABSENT:
4-0-1
Deaton, Bello, O'Malley, and Roberts
None
Ladner
Mr Whittenberg noted that a publiC hearing on the Three-Story Interim Ordinance IS
scheduled for the City Council meeting of Monday, July 24, 2006/
PUBLIC HEARINGS
8 Conditional Use Permit 05-6 (Indefinite Extension)
148-F Main Street (Fyslcly Fit)
Applicant/Owner
Craig Claro / LST Investments
Request
Indefinite Extension of previously approved Conditional Use
Permit 05-6 for a one-on-one personal training and phYSical
therapy faCility In an approximately 1,500 sq ft tenant space
facing Central Avenue
Recommendation
Approval, subJect to conditions, and adoption of Resolution
06-25
Staff Report
Mr Whittenberg delivered the staff report (Staff Report IS on file for Inspection In the
Planning Department) He provided some background Information on thiS Item and
explained that when Conditional Use Permit (CUP) applications are originally approved,
the City usually requires a 6-12 month extension to ensure that the conditions Imposed
are suffiCient to ensure that there are no adverse Impacts to surrounding properties He
noted for the record that Staff received one letter from Michele Nlpp, 960 Central
Avenue, regarding some of the operational characteristics of thiS use and complained
about some of the training gOing on In the alley The PC was prOVided copies of thiS
letter The Director of Development Services stated that Staff recommends approval,
subJect to the conditions as noted In the Staff Report
Page 7 of 12
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City of Seal Beach Planmng Commission
Meetmg Mmutes of July 19, 2006
CommiSSioner Questions
Acting Chairperson Deaton noted that In her letter Ms Nlpp states that the business
opens at 5 00 am, but parking IS not allowed until 5 30 a m She asked If these were
the hours of operation as conditioned Mr Whittenberg stated that the approved hour to
begin business IS 6 00 a m
Public Hearlnq
Acting Chairperson Deaton opened the public hearing
Craig Claro stated that he Just received a copy of Ms Nlpp's letter today and noted that
continued use of the alley for boxing practice would be cause for Immediate termination,
and he will make certain that the business does not open for clients before 6 00 a m
He noted that the other owner of this facility, who owns 49 percent of the business,
would now be working at this facility to prevent this type of activity from reoccurring
There being no one else Wishing to speak, Acting Chairperson Deaton closed the public
hearing
Commissioner Comments
Commissioner Roberts extended the appreCiation of the PC to Mr Claro In his
willingness to address these two Issues
MOTION by Roberts, SECOND by O'Malley to approve the Indefinite Extension of
Conditional Use Permit 05-6, subJect to conditions, and adopt Resolution 06-25 as
presented
MOTION CARRIED:
AYES:
NOES'
ABSENT:
4-0-1
Deaton, Bello, O'Malley, and Roberts
None
Ladner
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
9 Variance 06-2
401 Central Avenue
Applicant/Owner
Edward Gullan 1 Stuart & Elizabeth Milligan
Request
Addition of approximately 450 square feet to a legal
nonconforming reSidence and property Specifically, the
applicant IS requesting to add Single-story additions of a
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of July 19, 2006
family room, bedroom, and offlce/den with a restroom The
eXisting residence encroaches Into the required Interior side
yard setback on the north side of the property and a variance
IS needed to add bUilding space to that Side of the structure
The proposed family room additions would be set back 2 5
feet, Instead of 3 5 feet, from the northerly property line, and
3 5 feet at the front corner, Instead of 5 5 feet A proposed
bedroom addition between the eXisting reSidence and
garage IS proposed to be set back 3 5 feet at the southwest
corner of the bedroom, Instead of 55 feet
Recommendation
Approval, subject to conditions, and adoption of Resolution
06-29
Acting Chairperson Deaton stated that because she reSides within 500 feet of 401
Central Avenue, she would have to recuse herself from the meeting She Indicated that
Commissioner Roberts would serve as Acting Chairperson for thiS Item and she then
left Council Chambers
Staff Report
Mr Whittenberg delivered the staff report (Staff Report IS on file for inspection In the
Planning Department) He proVided some background information on thiS Item and
noted that thiS IS a corner property that has a trapezoidal shape and has 20 feet of
frontage on 4th Street and approximately 47 feet of depth at the rear on the alley He
explained that a one-story, single-family reSidence (SFR) currently SitS on the front
portion of the property, with a garage and above-garage apartment located to the rear
He stated that the request IS to eliminate the apartment and convert thiS to a master
bedroom area and expand the remainder of the home to phYSically attach the home and
garage as one SFR He noted that all the additions to the home would be Single story,
with the new master bedroom on the second story He Indicated that the variances are
necessary because the eXisting house SitS 2 5 feet off the north property line and should
have a 3 5-foot setback based of the Width of the lot He stated that the applicant
proposes to extend the current bUlldln9 line an additional 9 feet towards the front as part
of a liVing room expansion for a 9 square foot variance Into the Side yard setback He
then noted that on the street Side of the property there are two variances requested
Because of the Irregular Width of the lot from front to back, City Zoning Code (ZC) has
an averaging requirement, which for thiS lot would be 35 feet, and by ZC you must have
a 15 percent setback on the street Side, which translates Into a 55-foot setback from
the street Side property line The applicant IS requesting that the corner of the new
liVing room have a 3 5-foot setback from the property line and Staff recommends
approval based upon the unique nature of the property He then Indicated that an
additional variance request IS for the bedroom addition In an area where the lot IS
approximately 37-38 feet Wide, and Staff IS not recommending approval of thiS request,
as thiS portion of the home can be redeSigned to a pOint to where the variance would
Page 9 of 12
City of Seal Beach Plannmg Commission
Meeting Mmutes of July 19, 2006
1 not be necessary He then referred to pages 5 and 6 of the Staff Report, which lists
2 Staff's recommendations for making the appropriate findings to approve Variance 06-2
3
4 Commissioner Quesltons
5
6 Commissioner O'Malley stated that he concurs with Staff recommendations for Variance
7 06-2
8
9 Public Hearlnq
10
11 Commissioner Roberts opened the public hearing
12
13 Edward Gullan, the applicant, stated that this IS a unique situation and explained that
14 the plan was to run a 6-foot high fence along the COrridor where the bedroom addition IS
15 to be He noted that this IS a very small lot and the shape of the lot has made the
16 design a challenge He stated that he would like to keep the plans for the master
17 bedroom as presented, If possible Commissioner Roberts asked Mr Gulian to
18 describe his plans for the fence Mr Gulian stated that the fence would be a stuccoed
19 block wall that would blend In well With the architecture and landscape of the home
20 Commissioner Roberts asked where the fence would begin and end In relation to the
21 front door Mr Gulian stated that the fence would run close to the front entry and to the
22 rear of the property
23
24 Mr Whittenberg noted that two letters were received from reSidents of 216 5th Street
25 recommending denial, and copies have been proVided to the Commission
26
27 Joyce Parque spoke In favor of this application and recommended approval
28
29 There being no one else Wishing to speak, Commissioner Roberts closed the public
30 hearing
31
32 Commissioner Comments
33
34 CommiSSioner O'Malley asked how critical the redesI9n of the master bedroom would
35 be Mr Whittenberg stated that thiS would be up to the discretion of the Commission
36 He noted that on lots that are over 30-35 feet Wide, there should be a way of
37 redeSigning thiS to meet the setback standard He said that findings for both Sides of
38 the living room encroachments could very easily be made Mr Abbe emphaSized that
39 the finding to be made IS that there are special circumstances of the property that make
40 the strict application of the ZC Inequitable, so where the lot IS very narrow It would be
41 inequitable to reqUIre that the applicant comply With the strict setback reqUIrement, but
42 where the lot IS very Wide or Wider, thiS IS a grayer area Mr Whittenberg stated that
43 thiS IS an odd-shaped lot, but IS not small, measuring over 4,000 square feet He noted
44 that most of the lots In Old Town measure 25 x 1175 feet, or less than 3,000 square
45 feet
46
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of July 19, 2006
Commissioner Roberts stated that he would be In favor of approval of Variance 06-2 as
the proposed fence would help mitigate the Intrusion Into the setback area and the new
SFR would decrease density
Commissioner O'Malley stated that he agreed with Commissioner Roberts's comments
and noted that fathef than applYing two different standards to the lot, he would rather be
consistent and apply the same criteria to the entire lot
MOTION by O'Malley, SECOND by Bello to approve the Variance 06-2 as requested by
the applicant
MOTION CARRIED,
AYES:
NOES,
ABSENT:
ABSTAIN:
3-0-1-1
Roberts, Bello, and O'Malley
None
Ladner
Deaton
Mr Whittenberg Indicated that Staff would return with the revised Resolution No 06-29
approving Variance 06-2 for formal adoption at the Planning Commission meeting of
August 9, 2006 He adVised that adoption of Resolution No 06-29 would begin a
10-day calendar appeal period to the City Council and the Commissioner action would
be final with the appeal period beginning the morning after adoption
Acting Chairperson Deaton returned to City Council Chambers
STAFF CONCERNS
Mr Whittenberg stated that the Planning Commission has requested that Mr Abbe
prepare presentations on a number of Issues related to ethiCS training He noted that
the discussion was to schedule thiS training In half-hour Increments over a 4-meetlng
time period He stated that Staff wished to determine when It would be best to complete
thiS training based upon the Commissioners schedules for the summer months
Commissioner O'Malley stated that because thiS training must be completed by January
1, 2007, he would prefer the training not be postponed until too close to the end of the
year Commissioner Deaton polled the Commission to determine whether any
Commissioner would be out of the area dUring August and September Commissioner
O'Malley stated that the August 30 date might be a problem for him Commissioner
Roberts reported that he would be out of town from August 7 _19th Commissioner Bello
stated that August or September would be fine for her Mr Abbe stated that If time
becomes an Issue, he could combine training sessions to complete two sessions In a
one-hour period Commissioner Deaton confirmed that training would take place prior
to Planning Commission meetings, and that the first training session would take place
on August 23, 2006 Mr Whittenberg stated that the next meeting would have to be
adJourned to 6 45 P m Commissioner Deaton asked If these sessions would be open to
Page 11 of 12
City of Seal Beach Planning Commission
Meeting Minutes of July 19, 2006
1 the public Mr Abbe stated that they would Commissioner Deaton asked If the training
2 would be televised Mr Whittenberg stated that It would not
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4 Mr Whittenberg noted that the next agenda would Include the election of Chairperson
5 and Vice-Chairperson
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8 COMMISSION CONCERNS
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10 None
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13 ADJOURNMENT
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15 Acting Chairperson Deaton adJourned the meeting at 8 40 P m
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18 Respectfully Submitted,
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22 Carmen Alvarez, Executive Secreta
23 Planning Department
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26 APPROVAL
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28 The Commission on August 9, 2006, approved the Minutes of the Planning Commission
29 Meeting of Wednesday, July 19, 2006 ('" 4
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