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HomeMy WebLinkAboutPC Min 2006-09-13 City of Seal Beach Planning Commission Agenda - Adjourned Meeting of September 13, 2006 7:30 p.m. I. 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. VI. SCHEDULED MATTERS VII. PUBLIC HEARINGS City of Seal Beach Planning Commission' Agenda Adjourned Meeting of September 13, 2006 VIII. STUDY SESSION 1. Amendment to Allowable Building Height on Lots 37.5 Feet Wide Or Wider- RMD and RHO Zones, Planning District 1 "Old Town." IX. STAFF CONCERNS X. COMMISSION CONCERNS XI. ADJOURNMENT 2 Sep 20 Oct 04 Oct 18 Nov 08 Nov 22 Dec 06 Dec 20 City of Seal Beach Planning Commission . Agenda of September 13, 2006 2006 Aaenda Forecast CUP 06-5 - 320 Main St (Three Twenty Main Restaurant) 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 44 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of Adjourned Meeting of September 13, 2006 Chairperson Deaton called the adjourned meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, September 13, 2006. The meeting was held in the City Council Chambers and began with the Salute to the Flag.1 ROLL CALL Present: Chairperson Deaton, Commissioners Bello, Ladner, O'Malley, and Roberts. Also Present: Department of Development Services Lee Whittenberg, Director of Development Services Paul DaVeiga, 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: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. There being no one wishing to speak, Chairperson Deaton closed oral communications. CONSENT CALENDAR None. 1 These Minutes were transcribed from audiotape of the meeting. 1 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 13, 2006 1 SCHEDULED MATTERS 2 3 None. 4 5 6 PUBLIC HEARINGS 7 8 None. 9 10 11 STUDY SESSION 12 13 1. Amendment to Allowable Building Height on Lots 37.5 Feet Wide Or Wider - RMD 14 and RHO Zones, Planning District 1"Old Town." 15 16 Staff Report 17 18 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the 19 Planning Department.) He noted that a Supplemental Staff Report has been provided 20 as it was not included with the meeting Agenda. He indicated that based on direction 21 from the Planning Commission (PC) at the last study session this Supplemental Staff 22 Report was prepared to provide options on how to address the grandfathering issue. 23 He stated that the report proposes that the "cut-off point" for applicant wishing to 24 construct a new 3-story home receives Coastal Concept Approval for the California 25 Coastal Commission (CCC). He explained that all of the properties in Old Town are in 26 the Coastal Zone and in order to do new construction the applicant must be issued a 27 Coastal Development Permit, and in order to have an application submitted to CCC to 28 receive this permit, the City must approve the development plan for the property "in 29 concept." This concept approval plan is then submitted along with the homeowner's 30 application to CCC for processing. He indicated that when doing a concept approval 31 Planning Staff must review the plans to ensure that the project meets all required 32 building and zoning standards. He said that in order to receive concept approval for 33 new home construction a site plan is required showing the location of the lot and the 34 building location on the lot, property line setbacks, lot coverage, floor plans for all floors 35 (including all interior walls, bathroom locations, and stairways), and building elevations 36 to show exterior design and dimensioned height of the home to ensure that it meets 37 zoning standards. He stated that once these plans are approved, they are stamped as 38 "Approved In Concept," by the City, and are signed and dated for submittal to CCC. He 39 said that Staff feels this is the appropriate level of effort for someone to make to be 40 grandfathered under current standards. He indicated that people would have enough 41 time after the ordinance is adopted and goes into effect to get concept approval from 42 the Planning Department. He noted that at the last study session Staff and the PC were 43 under the impression that they had until January 1, 2007, to address these issues, but 44 the ballot measure, Proposition 90, inclu.des language that states it will take effect on 45 November 8, 2006. He said that in order for the City to be in a position to meet this 46 deadline, Staff has scheduled a public hearing before the PC to consider the Zone Text 2 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 13, 2006 1 Amendment (ZTA) on Wednesday, September 20, 2006, at 7:30 p.m., and a public 2 hearing before City Council (CC) on September 25, 2006. He stated that if the public 3 hearings take place as scheduled, CC will meet at an adjourned meeting on October 2, 4 2006 to conduct the second reading of the ordinance and it would take effect by law 30 5 days after the second reading, which would be on November 1, 2006. He continued by 6 stating that should the Proposition 90 pass, CC must then take action to adopt the 7 ordinance before October 7, 2006, if it is to take effect before November 8,. He noted 8 that Staff is recommending that the PC direct Staff to include language in the ZTA 9 stating that a grace period of 30 or 60 days after the effective date of the ordinance will 10 be implemented to allow for the grandfathering of projects already in the design stages. 11 Chairperson Deaton stated that a letter was received tonight requesting a 60-day period 12 from the effective date of the ordinance to receive Coastal Concept Approval. She 13 asked if applicants would be locked into this timetable or would be able to return to 14 request minor plan changes. Mr. Whittenberg explained that if the plans for a third story 15 structure show 800 sq. ft. of living space on the third floor and the applicant decides to 16 change it to 1,200 sq. ft., this would be a significant enough change that Staff would not 17 approve; however, if the applicant wished to expand to 825-850 sq. ft., this would not be 18 as significant and would probably be approved. He noted that the discretion of where 19 the cut off point would be is one that Staff would have to deal with on a case-by-case 20 basis. Commissioner Roberts asked what the history has been for first time approvals 21 of concept plans. Mr. Whittenberg stated that concept approvals for a new home are 22 usually completed in one day at the Staff level because the plans are very easy to 23 check since the applicants and their architects know what all of the building and zoning 24 standards are when designing the plans. He noted that if the plans are returned for 25 corrections, then the applicant has a problem with the architect at that point. 26 Commissioner Ladner asked what the maximum time has been for issuing concept 27 approval. Mr. Whittenberg stated that technically Staff has 10 days to approve plans, 28 but for minor projects like a residence the most it takes is usually 2 days. 29 Commissioner Roberts noted that if the applicant stays in communication with the 30 Planning Department and follows up there should be minimal delays. Mr. Whittenberg 31 stated that this is what most people do, as soon as they have an idea of what they want 32 to build. Commissioner Roberts asked for the benefit of the public that Mr. Whittenberg 33 review the schedule for adoption of the ordinance. Mr. Whittenberg explained that 34 assuming the PC directs Staff to create a ZTA to limit the height of buildings to 25 feet, 35 a pubic hearing notice will be published in tomorrow's newspaper as a 1/8th-page 36 display ad announcing that the PC will meet on Wednesday, September 20, 2006, at 37 7:30 p.m. to consider the ZTA. He then thanked the television station for providing their 38 service in broadcasting tonight's adjourned meeting. He noted that the Staff Report 39 does list some alternative dates, but Staff does not feel that these would be as practical 40 as needed, and Staff strongly recommends that the PC consider that the Coastal 41 Concept Approval must be acquired 30-60 days after the ordinance is in effect. 42 Commissioner O'Malley noted that as he understands this, it could take CCC up to one 43 year to approve a project. Mr. Whittenberg stated that it can, but this would be after City 44 Staff has approved plans. He noted that demolition of an existing structure for 45 construction of a new home on a lot that does not directly adjoin the beach area usually 46 receives approval within one month to 6 weeks, but for lots immediately adjacent to the 3 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 13, 2006 1 beach, CCC has a different process and approvals can take longer. Commissioner 2 O'Malley asked if once applicants receive approval from CCC, they can apply for 3 building permits and at this point they have up to one year to begin construction, for a 4 total timetable from the time of concept approval of 13-24 months. Mr. Whittenberg 5 confirmed that this was correct. Commissioner O'Malley asked if a building permit can 6 be reissued once it has expired. Mr. Whittenberg stated that under this circumstance 7 the City would not be able to do so if the applicant allowed the approvals from the City 8 and CCC to expire. Chairperson Deaton asked if there were exemptions for homes that 9 are not on the sand, making the approval just a paper process. Mr. Whittenberg said 10 that it is a paper process, but can still take one month to 6 weeks to complete at CCC. 11 He said that in many cases CCC will do an administrative waiver, but occasionally the 12 project will be placed on the CCC Agenda as a Consent Calendar item and would be 13 heard based upon the CCC schedule. 14 15 Mr. Abbe added that the Coastal Concept Approval option was not the only one 16 considered, but after looking at several possibilities, Staff felt that this was both the 17 latest and the earliest that these projects could be placed into the process. He 18 explained that earlier the City is not involved when someone is entering into a contract 19 with an architect or interviewing contractors, etc., and the problem then becomes one of 20 verification that the applicant has actually invested a substantial amount of time in the 21 development process. He said that any later would be difficult, as it could take as long 22 as one year before receiving CCC approval. He stated that this option appeared to 23 present the ideal "midpoint" to not have this stretch out too long and yet still have a 24 standard that is verifiable that a certain amount of development has taken place. He 25 reiterated that the ordinance does need to be in effect before Proposition 90 goes into 26 effect, but the exceptions for grandfathering can be set at 30 or 60 or whatever time the 27 PC decides. He repeated that a public hearing on the ZTA will be conducted 28 Wednesday, September 20, 2006, at 7:30 p.m. 29 30 Chairperson Deaton asked for clarification on the 30 or 60-day time frame. Mr. 31 Whittenberg explained that this is the time frame within which Staff would have to have 32 approved the plans in concept. 33 34 Public Comments 35 36 Chairperson Deaton opened the public comment period. 37 38 Mr. Whittenberg noted for the record that Staff received a letter on September 12, 2006, 39 from John and Susan Morgan, 215 16th Street, recommending a 60-day time period for 40 approval in concept of plans. 41 42 Tom Blackman, 421 Beryl Cove Way, asked what the number of properties was for 43 projects that might be eligible for the grandfathering. Mr. Whittenberg stated that there 44 are approximately 430 properties within the subject area that would qualify, and 45 approximately 36 of them are already developed with 3-story structures. Mr. Blackman 46 stated that construction of 3-story homes on these properties would change the nature 4 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 13, 2006 1 of the City and creates more problems with parking. He asked if all of these properties 2 would be single-family residences (SFRs). Mr. Whittenberg stated that the assumption 3 is that most of these new projects would probably be for new SFRs, but if the lot is large 4 enough to allow for construction of two units, the property owner could apply for this by 5 right. Mr. Black stated his concerns over maintaining a small town atmosphere and said 6 that grandfathering for 3-story homes would not be conducive to this. He noted that 2- 7 story homes are adequate and cautioned that the PC not rush into passing an 8 ordinance simply to meet a deadline. Commissioner O'Malley clarified that the 9 discussion is to prohibit 3-story development in Old Town. Mr. Blackman stated that he 10 is in support of this. Chairperson Deaton noted that Mr. Blackman had previously 11 served on CC. Mr. Blackman stated that he had served on CC in the 1970's. 12 Chairperson Deaton noted that he had lived through the down zoning and thanked Mr. 13 Blackman for his service to the City. 14 15 John Morgan, 215 16th Street, asked how many of the eligible properties in town are 16 considering construction of a 3-story residence. Mr. Whittenberg stated that Staff has 17 spoken with 4-7 property owners. Mr. Morgan asked if anyone had approached Staff 18 within the last 7 days. Mr. Whittenberg stated that no one had. Mr. Morgan noted that 19 he and his wife had walked the City to look at many of these properties and most of 20 them already have new development on them. He said that the number of 3-story 21 projects to be grandfathered would probably be fairly small. He spoke in support of 22 maintaining the existing zoning standards and requested a 60-day time limit for 23 grandfathering. Chairperson Deaton clarified that added to the 36 homes that have 24 already gone to 3 stories; even 7 homes would be over 10 percent of this number. 25 26 Mike Beckett, 370 Clipper Way, stated that because of the unique nature of the City he 27 moved to Seal Beach in 1994 and now lives in Bridgeport. He said that he became 28 active on the Bridgeport architectural review committee to help protect the unique 29 character of his neighborhood. He spoke in support of a 25-ft. height limit. 30 31 Marlene Lopez, 331 10th Street, spoke in favor of a 25-ft. height limit and lamented that 32 this had not been in place prior to the construction of a 3-story home next to hers. She 33 provided a photograph of her 2-story home as it appears next to a large 3-story building 34 and told of not having the same sunlight, warmth, and view as before. 35 36 Barbara Barton, 415 Ocean Avenue, stated that she lives next door to an apartment 37 building and has experienced a real problem with mold as there is not enough light or 38 air circulation between buildings. She asked that the PC consider the quality of life in 39 Seal Beach and spoke in favor of a 25-ft. height limit. 40 41 Mitzi Morton asked if the grandfathered projects get approval from CCC and are issued 42 building permits, are these approvals transferable to a new owner. Mr. Whittenberg 43 stated that the approvals would be applicable to that particular property and a new 44 owner could proceed with them. Ms. Morton stated that this has happened with the 45 recently approved project at 132 13th Street, and the property is now for sale.b46 5 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 13, 2006 1 Roger West, 1301-B Electric Avenue, spoke in favor of a 25-ft. height limit and against 2 people who just want to make a profit from building large homes. 3 4 Rikki Layman, 119 5th Street, spoke in favor of keeping Seal Beach as it is by approving 5 the 25-ft. height limit. 6 7 Craig Gibson, 305 1 ih Street, spoke in favor of 3-story development. He noted that 8 incorporating specific design elements, using setbacks, and limiting the size of the third 9 story so as not to impact neighboring residences would help alleviate some of the 10 concerns over third story construction. 11 12 There being no one else wishing to speak, Chairperson Deaton closed the public 13 comment period. 14 15 Commissioner Comments 16 17 Commissioner O'Malley stated that after reading the options for grandfathering 18 presented in the Staff Report, he feels that a firm starting point must be incorporated 19 and the Coastal concept approval is probably the only one that could be used. He said 20 he favors the 60-day time frame, because with the time constraints this provides more 21 opportunity for those individuals who are in the process to receive approval, and if the 22 ordinance is approved on November 2, 2006, then January 2, 2007 would be the 23 deadline for receiving concept approval. 24 25 Commissioner Ladner stated that his opinion remains the same and he would vote for a 26 2-story maximum height. 27 28 Commissioner Bello said that in order to maintain the quality of life in Seal Beach for all 29 of the reasons discussed, she cannot see voting for anything above 2 stories. She 30 asked Commissioner O'Malley if what he was referring to was the CCC approval or the 31 date of concept approval by Staff as the beginning date. Mr. Whittenberg stated that 32 Staff is recommending the City concept approval date. Commissioner O'Malley 33 estimated again that with a 60-day time frame, if all goes according to schedule, the 34 latest date to apply for Coastal concept approval would be January 2, 2007. Mr. 35 Whittenberg stated that this may vary as some months have 31 days. Mr. Abbe noted 36 that this is going to be tied to receiving approval from the Director of Development 37 Services. 38 39 Commissioner' Roberts stated that his major concern is that unfortunately, if the PC 40 does decide to go in the direction of the majority, the public may get the impression that 41 the PC is rushing this through. He explained that this issue has been discussed at 42 different times over a long period and he does feel comfortable with the schedule. He 43 commented that the public should not feel that the schedule has been the driving force, 44 as the study sessions have been constructive and have provided opportunity for 45 everyone to speak. He ended by stating that after reviewing all of the factors presented 46 he favors a 2-story maximum to maintain the character of the City. 6 of 13 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 Planning Commission Meeting Minutes of September 13, 2006 Chairperson Deaton stated that she had received several calls this week from residents stating that they were pleased to see that the PC was wiling to listen and not impose their own agendas on Old Town. She said that she had also heard from a man who lives on 3rd Street who had watched the meeting on television and wanted to advise her that across the street from him are two 25-ft. lots that are for sale that are being advertised for potential 3-story development. She noted that it appears this truly is the direction that the market is taking at this time, and this would change the nature of Old Town. With regard to property values, she said she certainly does not want to hinder this, and after thinking about this she came to the conclusion that one of the things that give property its value is scarcity. She said that in looking at all of the properties along the Southern California coast so many of them have become 3-story, with build them as high and as big as you can communities. She noted that if there is only one town left that is "the diamond," everyone else is going to be "the rhinestone," and to her this is where the value is and what will drive the value of this town and make it unique. Chairperson Deaton continued by stating that at one of the previous public hearings on this issue she heard someone say that mansionization is a word that has been thrown around and not defined and is one of those emotionally charged words. She said that Mr. Spelling of Beverly Hills came under a lot of trouble because he was accused of mansionization among mansions. She said that after thinking about this she decided that the term needs to be defined and it comes down to compatibility with the neighborhood. She noted that if you are an area of mansions and you build a mansion, that is compatible, and if you are an area of bungalows and you build a mansion, that is not compatible. She ended by stating that after looking at the character of Old Town, the General Plan, and the Specific Plan and the issue is compatibility with what is already here. MOTION by Roberts; SECOND by Ladner to direct Staff to prepare a Zone Text Amendment recommending that City Council approve an amendment to the Zoning Code limiting the allowable building height to 25 feet within the Residential Medium Density (RMD) and the Residential High Density (RHO) Zone in "Old Town." MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None Commissioner Roberts then stated that with regard to the grandfathering, he agrees with the cutoff point being upon receiving Staff concept approval; however, he is concerned about the 60-day time limit, as the closing date is right after the holidays when things have a tendency to be hectic. He said that he doesn't believe that there will be a large rush of people trying to submit plans and recommended a 75-day time frame to allow adequate time to explore options and to submit plans. Commissioner O'Malley noted that today is September 13 and the deadline would be January 1, 1007, which is a lot longer than 60 days, and the grandfathering clause is not for people who want to start now to think about building a 3-story home or adding a third 7 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 13, 2006 1 story, but for those who are currently actively pursuing this. He said that, respectfully, 2 he believes a 60-day time frame to be adequate. 3 4 Commissioner Roberts stated that he is concerned about a submittal on December 15 5 because arranging any exchanges with architects, etc., may be more difficult as people 6 usually travel out of town during the holiday season. He suggested that it might be a 7 good idea to anticipate these types of issues as it may avoid problems in the future. 8 9 Commissioner Ladner asked Mr. Whittenberg to comment. 10 11 Mr. Whittenberg stated that although it is true that during both Thanksgiving and 12 Christmas some of Staff do take vacation and many people do travel out of town during 13 this time; however, as Commissioner O'Malley has stated people have notice as of now. 14 He said Staff really has no major concern over adding 15 days to the time frame, as 15 realistically it won't make that much difference in whether someone is able to get the 16 approval or not, and it really is up to the Commission's discretion. He said that He 17 stated that people who are looking to do something are doing it now and are contracting 18 for the drawing of plans now. He emphasized that drawing plans based on what is 19 needed to receive concept approval would not involve highly detailed plans, and it 20 would be fairly simple for an architect to complete the site plan, floor plans, and building 21 elevations. Commissioner Ladner stated that based on this information he would agree 22 with Commissioner O'Malley on the 60-day time frame. 23 24 Commissioner Bello asked for a definition of "actively pursuing." Mr. Whittenberg stated 25 that Staff is proposing that it be defined by acquiring the Coastal concept approval by 26 whatever deadline the PC determines to set. He said that realistically, if someone had 27 not considered doing a third story until tonight, they could begin tomorrow and easily get 28 to the point of receiving a Coastal concept approval within 30, 60, or 75 days. He noted 29 that the Commissioners would be deciding on a time frame that they feel is appropriate 30 and making a recommendation to CC, but Council mayor may not agree with the PC 31 recommendation. 32 33 Chairperson Deaton stated that she would like to have the decision of the PC be 34 unanimous so that CC can understand that the PC has listened to the community and 35 the Commissioners have discussed this thoroughly and are in agreement. She then re- 36 opened the public comment period. 37 38 Public Comments 39 40 Don Kennebeck, 209 3rd Street, stated that it is his understanding that a grandfather 41 clause is put in for something that has preceded something in place, and it looks like 42 this discussion is about making a period after the ordinance as the grandfather clause. 43 He said that he does not believe that this is correct. Chairperson Deaton asked Staff for 44 a definition. Mr. Whittenberg stated that it is an additional time period for people to 45 comply with an older standard based on concerns over being able to build something 46 under current building standards that they are actively pursuing. He noted that Staff has 8 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 13, 2006 1 spoken to a number of people that are looking to build three stories under the current 2 standards, and at the last study session many people said that they had no objection to 3 grandfathering those people who are "actively" looking to build to three stories. Mr. 4 Kennebeck asked because these approvals are "transferable," as noted by Ms. Morton, 5 what would prevent property owners of the approximate 390 remaining wide lots to 6 present plans for approval next week, receive approval, and then hold onto them 7 beyond the 60 or 75-day time frame until he or she is able to sell the property, with the 8 approved plans for a three-story structure, which would add to the value to the property. 9 He said he has no problem with grandfathering those 4-7 people who are currently 10 actively pursuing this. Mr. Whittenberg explained that the concept approval from Staff is 11 good for one year and if the applicant does not receive a Coastal Development Permit 12 or apply for building permits that concept approval expires. Mr. Kennebeck stated that 13 this would give them until the end of 2007 to sell the property to construct a 3-story 14 house. Commissioner Roberts added that if approved, the ordinance would take effect 15 on November 2, 2006, and once it goes into effect, the grandfathering would go away. 16 Mr. Kennebeck recommended a 30-day time frame for grandfathering. Chairperson 17 Deaton said she is aware that there is a concern because she has received calls 18 reporting double lots for sale around town advertised for 3-story construction. She 19 noted that the PC does understand the ramifications of what they are doing. 20 21 Commissioner O'Malley asked if Staff had a rationale behind the proposal for a 30-60 22 day time frame. Mr. Whittenberg stated that Staff envisioned going through the normal 23 public hearing process without the imposed time constraints resulting from the Prop. 90 24 process. If this had been the case, it would have been around January 1, 2007, when 25 the ordinance would normally have taken effect, and Staff was attempting to get as 26 close to this date as possible. 27 28 Mitzi Morton asked how much it costs to present plans for concept approval. Mr. 29 Whittenberg stated that he has no idea what an architect or draftsman would charge to 30 draw plans, but the fee for Staff to process the plans is $100. Ms. Morton indicated that 31 she could then have 3-story plans drawn, pay the $100 fee for concept approval, and 32 once approval is received tie up the property for one year, at which time she could sell it 33 to someone else and they would then have the same privilege. Mr. Whittenberg 34 explained that if building permits were issued and construction is begun within a one 35 year period, the new owner could construct a 3-story building; but if construction does 36 not begin within one year after building permits are issued, the approval would expire. 37 Commissioner Roberts asked what constitutes construction. Mr. Whittenberg stated 38 that demolition would demonstrate that construction activity has begun. Mr. Abbe 39 added that construction cannot be done for a day and then be stopped or suspended for 40 a year or more, as the permits would also expire. Commissioner O'Malley asked what 41 Ms. Morton would propose. Ms. Morton stated that the 30-60 day time frame is fine and 42 should not be extended because CCC usually approves new residences fairly quickly 43 without a public hearing. 44 45 Melinda Howell, 222 1 ih Street, agrees with a shorter grandfathering time frame. She 46 asked if someone buys a 2-lot property tomorrow with the understanding from the real 9 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 13, 2006 1 estate agent that they can construct three stories, what happens in this process. Would 2 they sue the City because of the change? Mr. Abbe stated that this is not a 3 representation by the City, and even if it were, the City has the power to change its laws 4 at any time. He said the only exception would be if someone has already acquired a 5 building permit, and at that point they would be entitled to continue with their 6 development under pre-existing law. He reiterated that as long as they don't have the 7 building permit or have broken ground potentially by November 2, 2006, they would not 8 be entitled to construct to three stories, unless the City has provided some sort of 9 exemption or grandfathering. Chairperson Deaton stated that she would like to see the 10 grandfathering relate only to something that is actually in process before the ordinance 11 goes into effect or as of the date of the ordinance, so that there would not be 60 days to 12 do something after the ordinance is passed. She asked for a definition of "the pipeline." 13 Mr. Whittenberg explained that this refers to a project that has been approved for 14 Coastal concept approval or that has been submitted to the Building Department for 15 plan check. 16 17 Craig Gibson, 305 1 ih Street, said that 300 plus people are not going to be going out 18 and pay $600 to hire an architect to draw plans. He indicated that the cost is much 19 more as he entered into an agreement with his architect on August 18th and must pay 20 $18,000. He noted that he just made the first payment of $3,000 for preliminary plans, 21 so his project is not even close to being in the pipeline. He said he does want to enjoy 22 the holidays and doesn't see getting started on this project until February 2007. 23 24 Chairperson Deaton asked for clarification on the plans that must be submitted for 25 concept approval. Mr. Whittenberg explained that a site plan showing the building 26 outline on the property, floor plans for each floor of the building, and building elevations 27 must be submitted. Chairperson Deaton asked if changes to interior dimensions are of 28 concern when reviewing plans. Mr. Whittenberg stated that Staff is not concerned 29 about interior room arrangements, but changing the square footage on each floor on the 30 building would have to be reviewed to determine whether it is a substantial change. 31 Chairperson Deaton asked what happens if the plans are already approved in concept, 32 and they return with substantial changes. Mr. Whittenberg stated that the process 33 begins anew with a new concept approval. Chairperson Deaton asked if they would be 34 grandfathered. Mr. Whittenberg stated that if it requires a new concept approval and 35 comes in after the cut-off date, it would not be grandfathered. Chairperson Deaton 36 asked if this would apply to properties sold with the approved plans and permits. Mr. 37 Whittenberg stated that they would have to abide by the approved plans or begin with a 38 new concept approval. 39 40 John Morgan, 215 16th Street, stated that designing a home is a huge and very 41 complicated process, and he doesn't believe anyone would want to purchase a property 42 with approved plans done according to another person's ideas and tastes. He asked if 43 there were a waiting period for this ordinance. Mr. Abbe confirmed that after the second 44 reading of the ordinance there is a 30-day waiting period before it goes into effect. Mr. 45 Morgan asked that a few more days be added to the 60-day time frame to allow for the 46 holidays. 1 0 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 13, 2006 1 2 Rikki Layman, 119 5th Street, stated that residents of Old Town have great respect for 3 members of the Planning Commission. She asked that the Commissions not impose a 4 75-day time limit, but to make it possible to get this ordinance passed as soon as 5 possible. 6 7 Don Kennebeck, 209 3rd Street, referred to the last paragraph of the Staff Report and 8 asked if the Coastal Development Permit can be extended for another 12 months by 9 CCC without the applicant having to go back to City Staff for concept approval. Mr. 10 Whittenberg stated that this would be up to the CCC to make this determination. He 11 explained that concept approval by Staff is the only approval that would be necessary 12 prior to the expiration date for the grandfathering. 13 14 There being no one else wishing to speak, Chairperson Deaton closed the public 15 comment period. 16 17 Commissioner Comments 18 19 Commissioner Roberts stated that he does not believe that many people will submit 20 plans within the grandfathering time limit. He said that if one or two or three developers 21 to come into town and take advantage at the expense of allowing 2 or 3 people that we 22 know of to ensure that they have their rights, than this would still be the direction to 23 take. 24 25 Chairperson Deaton asked if Staff is easily able to determine when a good set of plans 26 has been submitted. Mr. Whittenberg stated that Staff definitely can, but plans drawn 27 by an architect or draftsman are not necessary to submit for concept approval. He 28 noted that when doing a room addition many applicants will draw the plans themselves, 29 and this is sufficient for concept approval. He indicated that during the plan check 30 process is when the determination would be made as to whether a building is 31 structurally sound, but plan check will not take place until after the Coastal Development 32 Permit has been issued. 33 34 Commissioner O'Malley stated that he does not live in Old Town, and after hearing all of 35 the public comments and reviewing the discussion it appears that residents of Old Town 36 do not want more than a 30 or 60-day time frame. He asked the Chairperson Deaton 37 and Commissioner Bello what their feelings are. 38 39 Chairperson Deaton stated that she would like to go with 60 days, as recommended by 40 Staff. She agreed with Commissioner Roberts with regard to the date extending into the 41 holidays; however, she believes that anyone who is serious about getting their plans in 42 would do so soon. She noted that this process has been well publicized and noticed, 43 and the community has been well aware of these study sessions. 44 11 of 13 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 Planning Commission Meeting Minutes of September 13, 2006 Commissioner Bello stated that she agrees with Mr. Kennenbeck's definition of what grandfathering should be and she would prefer 30 days, but would not want to go more than 60 days. MOTION by O'Malley; SECOND by Bello to impose a 60-day grace period from the date of approval of the ordinance to allow submission of plans for third story development for concept approval under the existing building standards. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None Mr. Whittenberg noted that that Staff will prepare the Staff Report for the public hearing on Zone Text Amendment 06-1 to be held at the next scheduled Planning Commission meeting of September 20, 2006. He thanked the members of the public for their pa rtici pation. Chairperson Deaton also thanked the public for their input. STAFF CONCERNS None. COMMISSION CONCERNS None. ADJOURNMENT Chairperson Deaton adjourned the meeting at 9:30 p.m. to the next scheduled Ethics Training Session on Wednesday, September 20, 2006 at 6:45 p.m., to be followed by the regularly scheduled Planning Commission meeting on that date. Respectfully Submitted, ~~~~~ Carmen Alvarez, Executive Secretary Planning Department 12 of 13 City of Seal Beach Planning Commission Meeting Minutes of September 13, 2006 1 APPROVAL 2 3 The Commission on September 20, 2006, approved the Minutes of the Planning 4 Commission Meeting of Wednesday, September 13, 2006. ~ 13 of 13