HomeMy WebLinkAboutPC Min 2009-05-20City of Seal Beach Planning Commission
Agenda for May 20, 2009
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. Building Activity Report – April 2009
2. Receive and File: City Attorney’s Continuing Legal Education Seminar:
Presentation Materials.
3. Receive and File: “Green Infrastructure Planning: Recent Advances and
Applications,” American Planning Association PAS Memo – May/June 2009.
4. Receive and File: “Smart Codes: Model Land-Development Regulations,”
American Planning Association (APA) Planning Advisory Service Report
Number 556.
5. Receive and File: Orange County Business Council Information.
1
City of Seal Beach Planning Commission • Agenda of May 20, 2009
6. Receive and File: Various American Planning Association (APA) Magazine
Articles.
7. Receive and File: Various Articles of Interest
SCHEDULED MATTERS
VI.
8. Approve Planning Commission Meeting Minutes of April 8, 2009.
PUBLIC HEARING
VII.
9. Conditional Use Permit 09-5
4000 Lampson Avenue (Chevron)
(Continued to June 3, 2009)
Applicant/Owner: Bhupinder S. Mac
Request: To convert existing service bays within a service station
to retail space, and to allow a Type 20 ABC License
(off-sale beer and wine) for the existing convenience
store within the General Commercial (C-2) Zone.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-19.
10. Conditional Use Permit 09-7
3001 Old Ranch Parkway (Kobe Japanese Steakhouse)
(Continued to June 3, 2009)
Applicant/Owner: BNP Enterprises, Inc. / Bixby Land Company
Request: To allow an expansion of live entertainment hours and
the provision of outdoor seating in conjunction with an
existing restaurant, bar, and entertainment cafe.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-21.
11. Height Variation 09-3
th
124 – 10 Street
Applicant/Owner: Robert Tavasci / Bullethill Development, LLC
Request: To construct a non-habitable architectural feature in
excess of the 25-ft. height limit. Specifically, the
applicant proposes to construct a 4-ft. 10-in. by 11-ft.
2
City of Seal Beach Planning Commission • Agenda of May 20, 2009
10-in. elevator enclosure to exceed the height limit by 5
ft. 6-in. The maximum height variation permitted is 7
feet.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-23.
12. Height Variation 09-4
th
126 – 10 Street
Applicant/Owner: Robert Tavasci / Bullethill Development, LLC
Request: To construct a non-habitable architectural feature in
excess of the 25-ft. height limit. Specifically, the
applicant proposes to construct a 4-ft. 10-in. by 11-ft.
10-in. elevator enclosure to exceed the height limit by 5
ft. 6-in. The maximum height variation permitted is 7
feet.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-24.
13. Height Variation 09-5
th
202 – 10 Street
Applicant/Owner: Robert Tavasci / Bullethill Development, LLC
Request: To construct a non-habitable architectural feature in
excess of the 25-ft. height limit. Specifically, the
applicant proposes to construct a 4-ft. 10-in. by 11-ft.
10-in. elevator enclosure to exceed the height limit by 5
ft. 6-in. The maximum height variation permitted is 7
feet.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-25.
14. Height Variation 09-6
th
204 – 10 Street
Applicant/Owner: Robert Tavasci / Bullethill Development, LLC
Request: To construct a non-habitable architectural feature in
excess of the 25-ft. height limit. Specifically, the
applicant proposes to construct a 4-ft. 10-in. by 11-ft.
10-in. elevator enclosure to exceed the height limit by 5
3
City of Seal Beach Planning Commission • Agenda of May 20, 2009
ft. 6-in. The maximum height variation permitted is 7
feet.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-26.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
Adjourned to next scheduled meeting of June 3, 2009, at 7:30 P.M.
4
City of Seal Beach Planning Commission • Agenda of May 20, 2009
2009 Agenda Forecast
Jun 03
Conditional Use Permit 09-5 - 4000 Lampson Ave (Chevron)
Conditional Use Permit 09-7 – 3001 Old Ranch Pkwy
(Kobe Steakhouse)
Conditional Use Permit 09-9 - 12300 Seal Beach Blvd (Target)
Jun 17
Jul 08
Jul 22
Aug 05
Aug 19
Sep 09
Sep 23
Oct 07
Oct 21
Nov 04
Nov 18
Dec 09
Dec 23
5
CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of May 20, 2009
4
5
6
7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:31 p.m. on Wednesday, May 20, 2009. The meeting was held
1
9 in the City Council Chambers and began with the Salute to the Flag.
10
ROLL CALL
11
12
13 Present: Chairperson Deaton, Commissioners Bello, Eagar, and Massa-Lavitt.
14
15 Also
16 Present: Department of Development Services
17 Jerry Olivera, Senior Planner
18 Steve Flower, Assistant City Attorney
19
20 Absent: Commissioner Larson
21 Lee Whittenberg, Director of Development Services
22
23 Mr. Olivera reported that Commissioner Larson would not be in attendance due to a
24 medical issue. He requested a motion to excuse his absence.
25
26 MOTION by Bello; SECOND by Massa-Lavitt to excuse Commissioner Larson from the
27 Planning Commission meeting of May 20, 2009.
28
MOTION CARRIED: 4 – 0 – 1
29
AYES: Deaton, Bello, Eagar, and Massa-Lavitt
30
NOES: None
31
ABSENT: Larson
32
33
AGENDA APPROVAL
34
35
36 MOTION by Bello; SECOND by Massa-Lavitt to approve the Agenda as presented.
37
MOTION CARRIED: 4 – 0 – 1
38
AYES: Deaton, Bello, Eagar, and Massa-Lavitt
39
NOES: None
40
ABSENT: Larson
41
42
43
44
1
These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of May 20, 2009
ORAL COMMUNICATIONS
1
2
3 Chairperson Deaton opened oral communications.
4
5 There being no one wishing to speak, Chairperson Deaton closed oral communications.
6
CONSENT CALENDAR
7
8
9 1. Building Activity Report – April 2009
10
11 2. Receive and File: City Attorney’s Continuing Legal Education Seminar:
12 Presentation Materials.
13
14 3. Receive and File: “Green Infrastructure Planning: Recent Advances and
15 Applications,” American Planning Association PAS Memo – May/June 2009.
16
17 4. Receive and File: “Smart Codes: Model Land-Development Regulations,”
18 American Planning Association (APA) Planning Advisory Service Report Number
19 556.
20
21 5. Receive and File: Orange County Business Council Information.
22
23 6. Receive and File: Various American Planning Association (APA) Magazine
24 Articles.
25
26 7. Receive and File: Various Articles of Interest
27
28 MOTION by Massa-Lavitt; SECOND by Eagar to approve the Consent Calendar as
29 presented.
30
MOTION CARRIED: 4 – 0 – 1
31
AYES: Deaton, Bello, Eagar, and Massa-Lavitt
32
NOES: None
33
ABSENT: Larson
34
35
SCHEDULED MATTERS
36
37
38 8. Approve Planning Commission Meeting Minutes of April 8, 2009.
39
40 Mr. Flower noted that Commissioner Bello was not in attendance at the meeting of April
41 8, 2009, and it would be appropriate for her to abstain from voting on this item.
42
43 MOTION by Deaton; SECOND by Eagar to approve the Planning Commission Meeting
44 Minutes of April 8, 2009 as presented.
45
MOTION CARRIED: 3 – 0 – 1 – 1
46
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City of Seal Beach Planning Commission
Meeting Minutes of May 20, 2009
AYES: Deaton, Eagar, and Massa-Lavitt
1
NOES: None
2
ABSENT: Larson
3
ABSTAIN: Bello
4
5
PUBLIC HEARINGS
6
7
8 9. Conditional Use Permit 09-5
9 4000 Lampson Avenue (Chevron)
10 (Continued to June 3, 2009)
11
12 Applicant/Owner: Bhupinder S. Mac
13
14 Request: To convert existing service bays within a service station to
15 retail space, and to allow a Type 20 ABC License (off-sale
16 beer and wine) for the existing convenience store within the
17 General Commercial (C-2) Zone.
18
19 Recommendation: Approval, subject to conditions, and adoption of Resolution
20 09-19.
21
22 Staff Report
23
24 Mr. Olivera noted that this item was previously continued from the May 6, 2009 meeting,
25 and will have to be continued again due to ongoing discussions with the applicant
26 regarding the Site Plan as well as the issue of alcohol sales. He indicated that Staff has
27 received an updated Site Plan that is acceptable. Commissioner Eagar asked whether
28 Staff had received any comments related to this application. Mr. Olivera stated that he
29 has received no letters, but did receive comments from one of the Council Members.
30
31 Mr. Flower indicated that if anyone in attendance tonight wishes to speak on this item, it
32 would be appropriate for Chairperson Deaton to open the public hearing.
33
34 Public Hearing
35
36 Chairperson Deaton opened the public hearing.
37
38 There being no one wishing to speak, Chairperson Deaton continued the public hearing
39 to June 3, 2009.
40
41 10. Conditional Use Permit 09-7
42 3001 Old Ranch Parkway (Kobe Japanese Steakhouse)
43 (Continued to June 3, 2009)
44
45 Applicant/Owner: BNP Enterprises, Inc. / Bixby Land Company
46
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City of Seal Beach Planning Commission
Meeting Minutes of May 20, 2009
1 Request: To allow an expansion of live entertainment hours and the
2 provision of outdoor seating in conjunction with an existing
3 restaurant, bar, and entertainment cafe.
4
5 Recommendation: Approval, subject to conditions, and
6 adoption of Resolution 09-21.
7
8 Staff Report
9
10 Mr. Olivera stated that the applicant has not submitted an adequate Site Plan, so this
11 item is to be continued to June 3, 2009.
12
13 Public Hearing
14
15 Chairperson Deaton opened the public hearing.
16
17 There being no one wishing to speak, Chairperson Deaton continued the public hearing
18 to June 3, 2009.
19
20 11. Height Variation 09-3
th
21 124 – 10 Street
22
23 Applicant/Owner: Robert Tavasci / Bullethill Development, LLC
24
25 Request: To construct a non-habitable architectural feature in excess
26 of the 25-ft. height limit. Specifically, the applicant proposes
27 to construct a 4-ft. 10-in. by 11-ft. 10-in. elevator enclosure
28 to exceed the height limit by 5 ft. 6-in. The maximum height
29 variation permitted is 7 feet.
30
31 Recommendation: Approval, subject to conditions, and adoption of Resolution
32 09-23.
33
34 Mr. Flower stated that Staff would like to present the Staff Reports with regard to Items
35 11, 12, 13, and 14 together, as these are all Height Variation (HV) requests presented
36 by the same applicant and Staff anticipates that they will present many of the same
37 issues. He requested that the presentation be for all four items at the same time. He
38 recommended opening the public hearing concurrently to allow for comments for all
39 items, but when it comes time to render a decision it would be appropriate to have a
40 separate motion for each application. He counseled the Planning Commission (PC) that
41 each application is separate and should be decided on its own merits. Chairperson
42 Deaton asked if four separate public hearings would be conducted. Mr. Flower stated
43 that if the PC wishes to do so, this could be done. Chairperson Deaton stated that she
44 would prefer this.
45
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City of Seal Beach Planning Commission
Meeting Minutes of May 20, 2009
1 Staff Report
2
3 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
4 He provided some background information on this item and noted that the
Department.)
5 elevator would serve to allow access to the roof deck of a proposed new single-family
6 residence (SFR). He explained that the applicant proposes to subdivide a 50-ft. lot into
7 two 25-ft. lots and to construct a new SFR on one of the lots, with both stair and
8 elevator access to the roof deck. He noted that the stair access is to be uncovered and
9 the elevator access would require an enclosure for the elevator car. He stated that the
10 elevator enclosure meets all Code requirements for a Height Variation (HV), which
11 allows a structure to exceed the 25-ft. height limit by 7 ft. He indicated that the
12 approximate footprint of the elevator structure is 57 sq. ft. and the City Council (CC)
13 Policy Directive of 1991 regarding Covered Roof Access Structures (CRAS) allows up
14 to a 65-sq. ft. footprint for such structures. Mr. Olivera then deferred to Mr. Flower with
15 regard to questions as to whether the HV process is subject to Measure Z, which was
16 passed by the voters in November 2008.
17
18 Mr. Flower explained that after reviewing Measure Z and the City Zoning Code (ZC) it is
19 the position of the City Attorney’s Office that Measure Z establishes a standard
20 maximum height in Old Town of 25 feet, and in the context of the Municipal Code (MC)
21 this applies to Sections 28-701 and 28-801, which establish the standard maximum
22 height for residential structures in Old Town. He indicated that after careful review of
23 CC directives and all related discussion and documents, it was concluded that the intent
24 of Measure Z was to eliminate third stories in Old Town and limit the standard
25 residential height to 25 feet. He then explained that HV procedures have long been in
26 the ZC and exist in Section 28-2317 and are different from the maximum height limits
27 for the Old Town Area. He noted that this Section includes not only the HV procedures,
28 but various exceptions to the height limit that existed before Measure Z and apply to all
29 zones throughout the City regardless of use. He noted that the HV procedures do not
30 allow for third story structures, but allow for slight variations from the standard maximum
31 height, which is 25 feet in Old Town. He stated that the PC can find that the HV is
32 architecturally appropriate for the character and integrity of the neighborhood and does
33 not significantly impair the view from any property within 300 feet.
34
35 Mr. Olivera stated that Staff has received 5 telephone calls and 11 written letters all in
36 opposition to the Height Variation (HV) projects.
37
38 Commissioner Questions
39
40 Commissioner Eager confirmed that the enclosure is to exceed the 25-ft. height limit by
41 5 ft. 6 in. Mr. Olivera confirmed that the HV process allows a structure to exceed the
42 25-ft. height limit by up to 7 feet. He noted that all four of the HVs are requesting a 5-ft.
43 6-in. exception.
44
45
46
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City of Seal Beach Planning Commission
Meeting Minutes of May 20, 2009
1 Public Hearing
2
3 Chairperson Deaton opened the public hearing for HV 09-3.
4
5 Robert Tavasci, architect for the project, briefly described the project stating that the
th
6 elevator shaft must be enclosed. Commissioner Massa-Lavitt clarified that 124 10
7 Street would be part of the subdivided lot. Mr. Tavasci confirmed that it would be.
8 Commissioner Massa-Lavitt asked if the homes are to have a basement. Mr. Tavasci
9 stated that the basement would include a media room, a wine cellar, and would
10 essentially house the mechanical and electrical equipment. Commissioner Eagar asked
11 if the elevator goes down to the basement. Mr. Tavasci explained that it does and the
12 elevator equipment is also to be housed in the basement. Chairperson Deaton noted
th
13 that the PC previously approved some elevators in new homes on 15 Street, but this
14 was because the equipment was to be at the top of the structure. She stated that if the
15 equipment is to be in the basement, she does not see the need for the CRAS. Mr.
th
16 Olivera stated that the projects on 15 Street elected to use an elevator that works on a
17 vacuum system with the equipment located at the top of the elevator, but even if there
18 were no equipment at the top, an enclosure would still be required to protect the
19 elevator shaft.
20
21 The following members of the public spoke in opposition to HV 09-3:
22
23 Mike Bubbe – Stated he is certain voters of Measure Z did not intend to continue to
24 allow CRAS, as they are eyesores, and an uncovered staircase would be best.
25
26 Barbara Barton – Voters stated their preference when they voted to pass Measure Z.
27
28 Joan Wolfelt – Neighboring home is a 3-story home and she has no sunlight or
29 circulation of air on her property. 73 Percent of voters want the 25-ft. limit and City
30 should follow what the residents want.
31
32 Larry Carey – asked why the elevator should exceed the height limit. Mr. Tavasci
33 stated it was to permit handicapped access. He recommended use of an uncovered
34 stairway and denial of this application.
35
36 Warren Morton – Eliminate CRAS and maintain the 25-ft. height limit.
37
38 Jim Wolfelt – Residents do take the election very seriously, and 25 feet is the limit.
39
40 Mr. Tavasci explained that the owner intends to make the roof deck available to anyone
41 and this is why the elevator goes to that level. Chairperson Deaton stated that she has
42 been told that the ceiling heights could be lowered in order to stay within the 25-ft. limit.
43 Mr. Tavasci stated that this might be possible. Commissioner Eagar stated that if the
44 elevator structure is denied, would occupants still have roof access. Mr. Tavasci stated
45 that they would have access via an uncovered stairway.
46
6 of 13
City of Seal Beach Planning Commission
Meeting Minutes of May 20, 2009
1 Commissioner Massa-Lavitt asked if a soils report was done prior to designing the
2 basements. Mr. Tavasci stated that this was done.
3
4 There being no one else wishing to speak, Chairperson Deaton closed the public
5 hearing for HV 09-3.
6
7 Commissioner Comments
8
9 Chairperson Deaton stated that most of the Old Town homes with roof decks have
10 uncovered stairways for access, although some do have CRAS. She stated that the
11 members of the public who spoke tonight are opposed to allowing more of the CRAS.
12 She clarified that this application is for a Height Variation and not a Variance, which is
13 important because the legal findings that must be made for Variance do not apply in this
14 case.
15
16 Commissioner Massa-Lavitt stated that it is clear by their vote that the majority of the
17 community wants a 25-ft. height limit; however, Measure Z did not address accessory
18 architectural features on the roof, such as chimneys, gazebos, or anything but roof
19 height. She noted that these homes are designed with the third floor in the basement,
20 and if this HV is permitted in the ZC, the applicant should be allowed to do this, and
21 arbitrarily ending the ability of people to request a HV is unreasonable. She stated that
22 she would vote for approval of HV 09-3 and commented that changing the ZC to prohibit
23 CRAS would be another thing to consider.
24
25 Chairperson Deaton stated that since she has served on the PC, CRAS have been
26 denied whenever anyone has said “It is not compatible with my neighborhood; I don’t
27 want it.” She said that when the same arguments have been made as those made
28 tonight these applications have been denied. With regard to the homes constructed on
thth
29 12 Street and those built on 15 Street and she explained that it is a different issue
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30 when rethinking the homes on 15 Street to consider retrofitting an existing structure
31 versus dealing with a new one. She stated that the proposed homes for HV 09-3 are
32 new and can be constructed with 8-ft. ceilings, with the elevators, and with the
33 basement while staying within the height limit. She stated that residents are tired of
34 repeatedly having to come out to speak against the same issue. She emphasized that
35 before Measure Z the PC had denied CRAS in many cases, particularly when there has
th
36 been opposition to them. She cited the homes on 12 Street and Seal Way among
37 others. Chairperson Deaton then added that she understands how citizens would feel
38 betrayed after voting to approve Measure Z and commented that perhaps the PC has
39 not adequately explained the differences between a Height Variation and a Variance.
40
41 Commissioner Bello stated that the history as stated by Chairperson Deaton matches
42 her recollection of how the PC has voted on these types of applications. She
43 emphasized that the PC has listened to the residents and when there was enough
44 concern, the PC has been sensitive to this. She stated that the PC does favor
45 elevators, but questioned whether the architects and builders should attempt to design
46 new homes in such a way as to not go against what the community wants.
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City of Seal Beach Planning Commission
Meeting Minutes of May 20, 2009
1 Commissioner Massa-Lavitt stated that she had a question for the applicant.
2
3 Chairperson Deaton reopened the public hearing.
4
5 Commissioner Massa-Lavitt asked Mr. Tavasci whether he would be willing to take the
6 elevators out of the plans and leave the elevator shaft so that it could be retrofitted later,
7 and just have the open stairway to the roof deck. Mr. Tavasci confirmed that this would
8 mean simply constructing the shaft. Commissioner Massa-Lavitt stated that should a
9 disabled person buy the home, the shaft would be ready for retrofitting of an elevator.
10 Mr. Tavasci stated that it could be done, but he would have to check with the property
11 owner. Chairperson Deaton added that the concept of creating a large storage closet
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12 on each floor was considered for the homes on 15 Street, with this space available to
13 be changed into an elevator shaft, should a “real person” need a “real elevator,” and
14 other owners might enjoy the extra storage space. She noted that this change would
15 eliminate the need for a Height Variation.
16
17 Chairperson Deaton closed the public hearing.
18
19 Mr. Flower indicated that should the applicant decide to change the plans and convert
20 the elevator shaft to storage space, there would be no need for a Height Variation and
21 they could simply apply for the building permits. Mr. Olivera added that an elevator
22 could still be installed in the home, but there would be no elevator access to the roof
23 deck. Chairperson Deaton stated she believes architects can design homes with
24 ceilings in one part of the house where the elevator could be where the ceilings could
25 be 8 feet and ceilings could be taller in the rest of the house creating an interesting roof
26 line. She said if the PC does not ask architects to do this, then the PC is betraying the
27 voters.
28
29 MOTION by Bello; SECOND by Eagar to deny Height Variation 09-3 and adopt
30 Resolution 09-23 as amended.
31
MOTION CARRIED: 4 – 0 – 1
32
AYES: Deaton, Bello, Eagar, and Massa-Lavitt
33
NOES: None
34
ABSENT: Larson
35
36
37 Commissioner Massa-Lavitt stated that she changed her intent to approve HV 09-3
38 based upon the distinct possibility of changing the plans to construct the storage area
39 only into which an elevator might later be installed.
40
41 Mr. Flower advised that the adoption of Resolution No. 09-23 begins a 10-day calendar
42 appeal period to the City Council. The Commission action tonight is final and the
43 appeal period begins tomorrow morning.
44
45 12. Height Variation 09-4
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46 126 – 10 Street
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City of Seal Beach Planning Commission
Meeting Minutes of May 20, 2009
1
2 Applicant/Owner: Robert Tavasci / Bullethill Development, LLC
3
4 Request: To construct a non-habitable architectural feature in excess
5 of the 25-ft. height limit. Specifically, the applicant proposes
6 to construct a 4-ft. 10-in. by 11-ft. 10-in. elevator enclosure
7 to exceed the height limit by 5 ft. 6-in. The maximum height
8 variation permitted is 7 feet.
9
10 Recommendation: Approval, subject to conditions, and adoption of Resolution
11 09-24.
12 Staff Report
13
14 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
15 He stated that this item would be very similar to HV 09-3 and proceeded to
Department.)
16 provide the same commentary as previously stated.
17
18 Commissioner Questions
19
20 None.
21
22 Public Hearing
23
24 Chairperson Deaton opened the public hearing.
25
26 Commissioner Massa-Lavitt asked Mr. Tavasci if he were willing to consider removing
27 the elevator from the plans and leave the elevator shaft so that it could be retrofitted
28 later, and just have the open stairway to the roof deck. Mr. Tavasci stated that he is not
29 certain of what is to be done at present, but one way or another the plans will conform
30 to the ZC. Commissioner Eagar asked the same question. Mr. Tavasci noted that the
31 reason for the elevator going to the roof deck was to create access for anyone.
32
33 Barbara Barton asked if the public would have to comment on each of the applications.
34 Chairperson Deaton stated that this would not be necessary.
35
36 There being no one else wishing to speak, Chairperson Deaton closed the public
37 hearing.
38
39 Commissioner Comments
40
41 None.
42
43 MOTION by Bello; SECOND by Massa-Lavitt to deny Height Variation 09-4 and adopt
44 Resolution 09-24 as amended.
45
MOTION CARRIED: 4 – 0 – 1
46
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City of Seal Beach Planning Commission
Meeting Minutes of May 20, 2009
AYES: Deaton, Bello, Eagar, and Massa-Lavitt
1
NOES: None
2
ABSENT: Larson
3
4
5 Mr. Flower advised that the adoption of Resolution No. 09-24 begins a 10-day calendar
6 appeal period to the City Council. The Commission action tonight is final and the
7 appeal period begins tomorrow morning.
8
9 13. Height Variation 09-5
th
10 202 – 10 Street
11
12 Applicant/Owner: Robert Tavasci / Bullethill Development, LLC
13
14 Request: To construct a non-habitable architectural feature in excess
15 of the 25-ft. height limit. Specifically, the applicant proposes
16 to construct a 4-ft. 10-in. by 11-ft. 10-in. elevator enclosure
17 to exceed the height limit by 5 ft. 6-in. The maximum height
18 variation permitted is 7 feet.
19
20 Recommendation: Approval, subject to conditions, and adoption of Resolution
21 09-25.
22
23 Staff Report
24
25 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
26 He noted that the Staff Report is essentially the same as for HV 09-3 and
Department.)
27 09-4.
28
29 Commissioner Questions
30
31 Commissioner Eagar confirmed that if the homes are built to conform to the ZC height
32 standard the applicant would not have to come before the PC for approval of these
33 projects. Chairperson Deaton confirmed that this was correct.
34
35 Public Hearing
36
37 Chairperson Deaton opened the public hearing.
38
39 There being no one wishing to speak, Chairperson Deaton closed the public hearing.
40
41 Commissioner Comments
42
43 None.
44
45 MOTION by Eagar; SECOND by Bello to deny Height Variation 09-5 and adopt
46 Resolution 09-25 as amended.
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City of Seal Beach Planning Commission
Meeting Minutes of May 20, 2009
1
MOTION CARRIED: 4 – 0 – 1
2
AYES: Deaton, Bello, Eagar, and Massa-Lavitt
3
NOES: None
4
ABSENT: Larson
5
6
7 Mr. Flower advised that the adoption of Resolution No. 09-25 begins a 10-day calendar
8 appeal period to the City Council. The Commission action tonight is final and the
9 appeal period begins tomorrow morning.
10
11 14. Height Variation 09-6
th
12 204 – 10 Street
13
14 Applicant/Owner: Robert Tavasci / Bullethill Development, LLC
15
16 Request: To construct a non-habitable architectural feature in excess
17 of the 25-ft. height limit. Specifically, the applicant proposes
18 to construct a 4-ft. 10-in. by 11-ft. 10-in. elevator enclosure
19 to exceed the height limit by 5 ft. 6-in. The maximum height
20 variation permitted is 7 feet.
21
22 Recommendation: Approval, subject to conditions, and adoption of Resolution
23 09-26.
24
25 Staff Report
26
27 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
28 He noted that the Staff Report is essentially the same as for HV 09-3,
Department.)
29 09-4, and 09-5.
30
31 Commissioner Questions
32
33 None.
34
35 Public Hearing
36
37 Chairperson Deaton opened the public hearing.
38
39 There being no one wishing to speak, Chairperson Deaton closed the public hearing.
40
41 Commissioner Comments
42
43 None.
44
45 MOTION by Bello; SECOND by Eagar to deny Height Variation 09-6 and adopt
46 Resolution 09-26 as amended.
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City of Seal Beach Planning Commission
Meeting Minutes of May 20, 2009
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Deaton, Bello, Eagar, and Massa-Lavitt
None
Larson
Mr. Flower noted a point of order and stated that the Resolutions for denial of HV 09-3,
HV 09-4, HV 09-5, and HV 09-6 have not been prepared and will be presented for
adoption at the next scheduled meeting of June 3, 2009. He then advised that adoption
of Resolution Nos. 09-23, 09-24, 09-25, and 09-26 will begin a 10-day calendar appeal
period to the City Council beginning the day after adoption. Chairperson Deaton asked if
there would be a public hearing on these items. Mr. Flower stated that the resolutions
would be presented as scheduled matters and there would be no public hearing.
STAFF CONCERNS
None.
COMMISSION CONCERNS
Commissioner Eagar asked if based upon the response to Items Nos. 11 through 14, a
review of the Height Variation process should be scheduled.
Chairperson Deaton stated that the PC should request direction from City Council on
returning to the revision of the ZC. She asked Mr. Flower on how to proceed. Mr.
Flower advised that this issue could be placed on a future agenda for discussion.
Chairperson Deaton requested that this item be placed on the agenda for June 3,2009,
under Scheduled Matters.
Commissioner Massa-Lavitt inquired about the Agenda Forecast application for
Conditional Use Permit 09-9 submitted by Target. Mr. Olivera stated that Target has
submitted an application for an off-sale general alcohol license.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 8:30 p.m.
Respectfully Submitted,
~~
Carmen Alvarez, Executive A~sistant
Planning Department
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City of Seal Beach Planning Commission
Meeting Minutes of May 20,2009
1
2 APPROVAL
3
4 The Commission on June 3, 2009, approved the Minutes of the Planning Commission
5 Meeting of Wednesday, May 20,2009. ~.
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