HomeMy WebLinkAboutPC Min 2009-10-07City of Seal Beach Planning Commission
Agenda for October 7, 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 – August 2009
2. Approve Planning Commission Meeting Minutes of September 9, 2009.
3. Receive and File: “Growing Smarter, Living Healthier,” U.S. Environmental
Protection Agency, August 2009.
4. Receive and File: “Driving and the Built Environment.”
5. Receive and File: “Smart Growth for Coastal Waterfront Communities”
6. Minor Plan Review 09-6
601 Taper Drive
1
City of Seal Beach Planning Commission • Agenda of October 7, 2009
Applicant/Owner: William Vermulen / Thomas Motter & Kimberly Haber
Request: To construct a new barbecue station and countertop,
solid roof patio cover, outdoor gas fireplace, and a new
spa/swimming pool, all to be located within the required
side yard and rear yard setback areas.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-34.
7. Minor Plan Review 09-8
410 Ocean Avenue
Applicant/Owner: Richard Neri
Request: To construct a new floating barbeque grill island,
floating buffet with burners, in-ground Jacuzzi, sunken
fire pit, composite wood deck, four (4) reflecting pools,
and two (2) water features, all to be located within the
required rear yard setback area.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-37.
SCHEDULED MATTERS
VI.
PUBLIC HEARING
VII.
8. Conditional Use Permit 08-1 (Indefinite Extension)
12301 Seal Beach Boulevard (Sprouts Farmers Market)
Applicant/Owner: Sprouts Farmers Market, LLC / Rossmoor Shops, LLC
Request: Indefinite extension of an existing Conditional Use
Permit to allow the off-premise sale of beer and wine
(Type 20 License) in conjunction with an existing
grocery store located within the Shops at Rossmoor
Center.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-33.
9. Variance 09-5 & Minor Plan Review 09-9
1101 Seal Way (Continued to October 21, 2009)
Applicant/Owner: Michael Niemeyer
2
City of Seal Beach Planning Commission • Agenda of October 7, 2009
Request: To allow an approximate 207-sq. ft. expansion to an
existing, nonconforming residential property. The
property is currently nonconforming due to a less than
required street side yard setback (existing setback is
3’-8”; required setback is 5’-8”); an inadequate garage
setback from the public alley (existing setback is 4’-0”;
required setback is 9’-0”); noncompliance with current
density requirements (3 units are existing on the
property, whereas only 1 unit would be allowed under
the current Code); and less than required parking (4
spaces are provided, whereas 6 spaces are required
under current City Code).
Recommendation: Deny Variance 09-5 and approve Minor Plan Review
09-9, subject to conditions, and adoption of Resolution
09-32 and 09-38, respectively.
10. Variance 09-6 & Minor Plan Review 09-7
222 Central Way
Applicant/Owner: Louis & Pamela Mannone
Request: To allow an approximate 400-sq. ft. addition (enclosure
of an approximate 200-sq. ft. covered breezeway, and
the reduction of existing 695-sq. ft. 3-car garage to a
455-sq. ft. 2-car garage) to an existing, nonconforming
residential property. The property is currently
nonconforming due to a less than required garage
setback from the public alley and a less than required
street side yard setback.
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-35 and 09-36, respectively.
11. Variance 09-7 & Minor Plan Review 09-5
th
334 12 Street (Continued to October 21, 2009)
Applicant/Owner: John & Michelle Currey
Request: To allow an approximate 318-sq. ft. expansion to an
existing, nonconforming residential property. The
property is currently nonconforming due to a less than
required street side yard setback (existing setback is
4’-6”; required setback is 5’-3”); and a less than
required garage setback from the public alley (existing
setback is 3’-0”; required setback is 9’-0”).
3
City of Seal Beach Planning Commission • Agenda of October 7, 2009
Recommendation: Approval, subject to conditions, and adoption of
Resolution 09-39 and 09-31, respectively.
STAFF CONCERNS
VIII.
COMMISSION CONCERNS
IX.
ADJOURNMENT
X.
Adjourn to regular scheduled meeting of October 21, 2009, at 7:30 P.M.
4
City of Seal Beach Planning Commission • Agenda of October 7, 2009
2009 Agenda Forecast
Oct 21
CUP 08-3 Indef. Ext. 320 Main St. (Main Street Wine Cellar)
CUP 08-11 Indef. Ext. 136 & 136½ Main St. (Pho Basil Leaf)
VAR 09-5 & MPR 09-9 1101 Seal Way
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VAR 09-7 & MPR 09-5 334 – 12 Street
Nov 04
Nov 18
Dec 09
Dec 23
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CITY OF SEAL BEACH
1
PLANNING COMMISSION
2
3
Minutes of October 7, 2009
4
5
6
7 Vice-Chairperson Massa-Lavitt called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, October 7, 2009. The meeting was
1
9 held in the City Council Chambers and began with the Salute to the Flag.
10
ROLL CALL
11
12
13 Present: Vice-Chairperson Massa-Lavitt, Commissioners Galbreath and Larson
14
15 Also
16 Present: Department of Development Services
17 Terrence Belanger, Interim Director of Development Services
18 Jerry Olivera, Senior Planner
19 Steve Flower, Assistant City Attorney
20
21 Absent: Chairperson Deaton and Commissioner Bello
22
23 Mr. Olivera noted for the record that both Vice-Chairperson Massa-Lavitt and
24 Commissioner Bello had indicated that they would not be present at the Planning
25 Commission meeting of October 7, 2009. He requested a motion to excuse their
26 absence.
27
28 MOTION by Larson; SECOND by Massa-Lavitt to excuse Vice-Chairperson Massa-
29 Lavitt and Commissioner Bello from the Planning Commission meeting of October 7,
30 2009.
31
MOTION CARRIED: 3 – 0 – 2
32
AYES: Massa-Lavitt, Galbreath, and Larson
33
NOES: None
34
ABSENT: Deaton and Bello
35
36
AGENDA APPROVAL
37
38
39 Mr. Flower requested that Item No. 2 be removed from the Consent Calendar, as
40 Commissioner Galbreath was not present at the meeting of September 9, 2009.
41
42 Mr. Olivera then noted that he had received a telephone call from the applicant for Item
43 No. 8, Conditional Use Permit 08-1, requesting that this item be continued to a future
44 meeting date.
1
These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of October 7, 2009
1 MOTION by Larson; SECOND by Galbreath to approve the Agenda as amended.
2
MOTION CARRIED: 3 – 0 – 2
3
AYES: Massa-Lavitt, Galbreath, and Larson
4
NOES: None
5
ABSENT: Deaton and Bello
6
7
ORAL COMMUNICATIONS
8
9
10 Vice-Chairperson Massa-Lavitt opened oral communications.
11
12 Seth Eaker introduced Ruth Harrell, the new Director of Operations for the Seal Beach
13 Chamber of Commerce (SBCC), and noted that Ms. Harrell will be the representative for
14 the SBCC at future Planning Commission (PC) meetings.
15
16 Ruth Harrell stated that she is pleased to be working with the SBCC and she and her
17 husband have opened an art gallery at 212 Main Street. She said she looks forward to
18 working with the PC.
19
20 Mitzi Morton requested that the public hearing for Variance 09-6 and Minor Plan Review
21 09-7 for 222 Central Way be continued to the next scheduled meeting when
22 Chairperson Deaton will be in attendance.
23
24 Mike Bubbe also requested that the public hearing for Variance 09-6 and Minor Plan
25 Review 09-7 for 222 Central Way be continued to the next scheduled meeting of
26 October 21, 2009.
27
28 There being no one else wishing to speak, Vice-Chairperson Massa-Lavitt closed oral
29 communications.
30
CONSENT CALENDAR
31
32
33 1. Building Activity Report – August 2009
34
35 3. Receive and File: “Growing Smarter, Living Healthier,” U.S. Environmental
36 Protection Agency, August 2009.
37
38 4. Receive and File: “Driving and the Built Environment.”
39
40 5. Receive and File: “Smart Growth for Coastal Waterfront Communities”
41
42 6. Minor Plan Review 09-6
43 601 Taper Drive
44
45 Applicant/Owner: William Vermulen / Thomas Motter & Kimberly Haber
46
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City of Seal Beach Planning Commission
Meeting Minutes of October 7, 2009
1 Request: To construct a new barbecue station and countertop, solid
2 roof patio cover, outdoor gas fireplace, and a new
3 spa/swimming pool, all to be located within the required side
4 yard and rear yard setback areas.
5
6 Recommendation: Approval, subject to conditions, and adoption of Resolution
7 09-34.
8
9 7. Minor Plan Review 09-8
10 410 Ocean Avenue
11
12 Applicant/Owner: Richard Neri
13
14 Request: To construct a new floating barbeque grill island, floating
15 buffet with burners, in-ground Jacuzzi, sunken fire pit,
16 composite wood deck, four (4) reflecting pools, and two (2)
17 water features, all to be located within the required rear yard
18 setback area.
19
20 Recommendation: Approval, subject to conditions, and adoption of Resolution
21 09-37.
22
23 MOTION by Larson; SECOND by Massa-Lavitt to approve the Consent Calendar as
24 amended.
25
MOTION CARRIED: 3 – 0 – 2
26
AYES: Massa-Lavitt, Galbreath, and Larson
27
NOES: None
28
ABSENT: Deaton and Bello
29
30
31 Mr. Flower advised that the adoption of Resolution Nos. 09-34 and 09-37 begins a
32 10-day calendar appeal period to the City Council. The Commission action tonight is
33 final and the appeal period begins tomorrow morning.
34
SCHEDULED MATTERS
35
36
37 None.
38
PUBLIC HEARINGS
39
40
41 8. Conditional Use Permit 08-1 (Indefinite Extension)
42 12301 Seal Beach Boulevard (Sprouts Farmers Market)
43
44 Applicant/Owner: Sprouts Farmers Market, LLC / Rossmoor Shops, LLC
45
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City of Seal Beach Planning Commission
Meeting Minutes of October 7, 2009
1 Request: Indefinite extension of an existing Conditional Use Permit to
2 allow the off-premise sale of beer and wine (Type 20
3 License) in conjunction with an existing grocery store located
4 within the Shops at Rossmoor Center.
5
6 Recommendation: Approval, subject to conditions, and adoption of Resolution
7 09-33.
8
9 Staff Report
10
11 Mr. Olivera delivered the staff report.
(Staff Report is on file for inspection in the Planning
12 He provided some background information on this item and noted that
Department.)
13 Staff has no concerns nor has received any complaints. He indicated that Captain Tim
14 Olson of the Seal Beach Police Department (SBPD) has stated that there have been no
15 issues with this alcohol license, and Staff is recommending approval of the Indefinite
16 Extension of Conditional Use Permit 08-1.
17
18 Public Hearing
19
20 Vice-Chairperson Massa-Lavitt opened the public hearing.
21
22 There being no one wishing to speak, Vice-Chairperson Massa-Lavitt continued the
23 public hearing to a future scheduled meeting date to be determined.
24
25 MOTION by Larson; SECOND by Galbreath to continue the public hearing for
26 Conditional Use Permit 08-1 for Sprouts Farmers Market to a future meeting date.
27
MOTION CARRIED: 3 – 0 – 2
28
AYES: Massa-Lavitt, Galbreath, and Larson
29
NOES: None
30
ABSENT: Deaton and Bello
31
32
33 9. Variance 09-5 & Minor Plan Review 09-9
34 1101 Seal Way (Continued to October 21, 2009)
35
36 Applicant/Owner: Michael Niemeyer
37
38 Request: To allow an approximate 207-sq. ft. expansion to an existing,
39 nonconforming residential property. The property is
40 currently nonconforming due to a less than required street
41 side yard setback (existing setback is 3’-8”; required setback
42 is 5’-8”); an inadequate garage setback from the public alley
43 (existing setback is 4’-0”; required setback is 9’-0”);
44 noncompliance with current density requirements (3 units
45 are existing on the property, whereas only 1 unit would be
46 allowed under the current Code); and less than required
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City of Seal Beach Planning Commission
Meeting Minutes of October 7, 2009
1 parking (4 spaces are provided, whereas 6 spaces are
2 required under current City Code).
3 Recommendation: Deny Variance 09-5 and approve Minor Plan Review 09-9,
4 subject to conditions, and adoption of Resolution 09-32 and
5 09-38, respectively.
6
7 MOTION by Larson; SECOND by Galbreath to continue the public hearing for Variance
8 09-5 and Minor Plan Review 09-9 to the next scheduled meeting date of October 21,
9 2009.
10
MOTION CARRIED: 3 – 0 – 2
11
AYES: Massa-Lavitt, Galbreath, and Larson
12
NOES: None
13
ABSENT: Deaton and Bello
14
15
16 10. Variance 09-6 & Minor Plan Review 09-7
17 222 Central Way
18
19 Applicant/Owner: Louis & Pamela Mannone
20
21 Request: To allow an approximate 400-sq. ft. addition (enclosure of an
22 approximate 200-sq. ft. covered breezeway, and the
23 reduction of existing 695-sq. ft. 3-car garage to a 455-sq. ft.
24 2-car garage) to an existing, nonconforming residential
25 property. The property is currently nonconforming due to a
26 less than required garage setback from the public alley and
27 a less than required street side yard setback.
28
29 Recommendation: Approval, subject to conditions, and adoption of Resolution
30 09-35 and 09-36, respectively.
31
32 Vice-Chairperson Massa-Lavitt noted that community members have requested that this
33 item be continued to the next scheduled meeting when Chairperson Deaton will be
34 present.
35
36 Public Hearing
37
38 Vice-Chairperson Massa-Lavitt opened the public hearing.
39
40 Mike Bubbe reiterated that it would be appropriate that Chairperson Deaton be in
41 attendance to hear this item, as it is located within District 1.
42
43 There being no one else wishing to speak, Vice-Chairperson Massa-Lavitt continued the
44 public hearing to the next scheduled meeting date of October 21, 2009.
45
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City of Seal Beach Planning Commission
Meeting Minutes of October 7, 2009
1 MOTION by Larson; SECOND by Galbreath to continue the public hearing for Variance
2 09-6 and Minor Plan Review 09-7 to the next scheduled meeting date of October 21,
3 2009.
4
MOTION CARRIED: 3 – 0 – 2
5
AYES: Massa-Lavitt, Galbreath, and Larson
6
NOES: None
7
ABSENT: Deaton and Bello
8
9
10 11. Variance 09-7 & Minor Plan Review 09-5
th
11 334 12 Street (Continued to October 21, 2009)
12
13 Applicant/Owner: John & Michelle Currey
14
15 Request: To allow an approximate 318-sq. ft. expansion to an existing,
16 nonconforming residential property. The property is
17 currently nonconforming due to a less than required street
18 side yard setback (existing setback is 4’-6”; required setback
19 is 5’-3”); and a less than required garage setback from the
20 public alley (existing setback is 3’-0”; required setback is 9’-
21 0”).
22
23 Recommendation: Approval, subject to conditions, and adoption of Resolution
24 09-39 and 09-31, respectively.
25
26 Public Hearing
27
28 Vice-Chairperson Massa-Lavitt opened the public hearing.
29
30 There being no one wishing to speak, Vice-Chairperson Massa-Lavitt continued the
31 public hearing to the next scheduled meeting date of October 21, 2009.
32
33 MOTION by Larson; SECOND by Galbreath to continue the public hearing for Variance
34 09-7 and Minor Plan Review 09-5 to the next scheduled meeting date of October 21,
35 2009.
36
MOTION CARRIED: 3 – 0 – 2
37
AYES: Massa-Lavitt, Galbreath, and Larson
38
NOES: None
39
ABSENT: Deaton and Bello
40
41
STAFF CONCERNS
42
43
44 Mr. Olivera introduced Mr. Terrence Belanger, Interim Director of Development
45 Services, and welcomed him to the City of Seal Beach.
46
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City of Seal Beach Planning Commission
Meeting Minutes of October 7, 2009
1 COMMISSION CONCERNS
2
3 Commissioner Larson noted that City Council has returned two items back to the
4 Planning Commission, one being the issue of the number of alcohol beverage licenses
5 issued for Main Street businesses. He suggested that Staff prepare a report
6 recommending some type of interim decision to not approve more licenses until this
7 issue is resolved. Commissioner Larson then spoke on the misconceptions related to
8 Measure Z limiting the height of homes within Old Town to 25 feet. He indicated that
9 should the PC determine that it will no longer approve Covered Roof Access Structures
10 (CRAS), or "doghouses," the PC will still have to contend with the issues of air
11 conditioning units, antennas, etc.
12
13 Vice - Chairperson Massa - Lavitt asked whether Staff has scheduled a date to discuss
14 these items. Mr. Olivera stated that Staff has not scheduled a date for this, and he is
15 uncertain as to whether Staff has received full direction from City Council on how to
16 proceed with these items. He indicated that Staff would inquire regarding this. Vice -
17 Chairperson Massa - Lavitt stated that with regard to the 25 -ft. height limit, she believes
18 there must be further definition of what is to be permitted on a roof, noting that a lot of
19 these things can be accommodated within the 25 -ft. limit. She indicated that it is the
20 doghouses and elevator shafts that really become a problem.
21
22 Vice - Chairperson Massa - Lavitt then commented on "The Response to the Grand Jury
23 Report: "Paper Water - Does Orange County Have A Reliable Future ?" noting that the
24 author of this response document has done a fantastic job of relating Seal Beach to the
25 larger issue of water in Orange County and the surrounding areas. She stated that the
26 article is easily understood and contains a lot of information for those interested in water
27 issues facing Orange County. Commissioner Larson commented that his principle is
28 that if it is a beautiful piece of work, then Lee Whittenberg did it. Vice - Chairperson
29 Massa -Lavitt agreed that Mr. Whittenberg is an excellent writer.
30
31 Vice - Chairperson Massa - Lavitt then inquired about the open house for the 1 -405
32 Improvement Project and noted that it was conducted on October 1, 2009. She
33 requested that Staff inquire whether there is to be another open house.
34
35 Vice - Chairperson Massa - Lavitt then welcomed Commissioner Galbreath, the new
36 Planning Commission for District 4.
37
38 ADJOURNMENT
39
40 Vice- Chairperson Massa -Lavitt adjourned the meeting at 7:51 p.m.
41
42 Respectfully Submitted,
43
44
45 Carmen Alvarez, Executive Assi ". nt
46 Planning Department
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City of Seal Beach Planning Commission
Meeting Minutes of October 7, 2009
1 APPROVAL
2
3 The Commission on November 4, 2009, approved the Minutes of the Planning
4 Commission Meeting of Wednesday, October 7, 2009. c .
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