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HomeMy WebLinkAboutPC Min 2009-12-09City of Seal Beach Planning Commission Agenda for December 9, 2009 7:30 p.m. PLEDGE OF ALLEGIANCE II. ROLL CALL III. AGENDA APPROVAL By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the Agenda; (b) Re- arrange the order of the Agenda; and /or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. IV. PRESENTATION 1. Presentation of Resolution 09 -42 honoring Lee Whittenberg for his service to the City of Seal Beach as Director of Development Services. V. 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. VI. 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. 2. Approve Planning Commission Meeting Minutes of November 18, 2009. 3. Receive and File: Status Report Re: SB 375 Implementation Matters 4. Receive and File: "2010 Long -Range Transportation Plan (LRTP)" and "SB 375 Policy Update" Presentations — Southern California Association of Governments. 5. Receive and File: Various Documents Re: Climate Change. 1 City of Seal Beach Planning Commission • Agenda of December 9, 2009 6. Minor Plan Review 10 -01 430 Ocean Avenue Applicant /Owner: Titan Pools / Seal Beach 430 L.L.C. Request: To construct a new barbecue grill and counter and a gas fire pit to be located within the required rear yard setback area. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -01, as presented. VII. SCHEDULED MATTERS VIII. PUBLIC HEARING 7. Variance 09 -6 222 Central Way Applicant /Owner: Louis & Pamela Mannone Request: To maintain an existing legal, nonconforming rear yard fence for a single - family residence in its present location (zero setback). The current Zoning Code requires a minimum 5' -6" setback from the rear property lines for any obstructions. Recommendation: Approval, subject to conditions, and adopt Resolution 09 -48. IX. STAFF CONCERNS X. COMMISSION CONCERNS XI. ADJOURNMENT Adjourn to regular scheduled meeting of January 6, 2010, at 7:30 P.M. FA City of Seal Beach Planning Commission • Agenda of December 9, 2009 2009 Agenda Forecast Dec 23 MEETING CANCELLED 1 2 3 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of December 9, 2009 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, December 9, 2009. The meeting was held in the City Council Chambers and began with the Salute to the Flag.' ROLL CALL Present: Chairperson Deaton, Commissioners Bello, Galbreath, Larson, and Massa - Lavitt. Also Present: Department of Development Services Mark Persico, Director of Development Services Jerry Olivera, Senior Planner Steve Flower, Assistant City Attorney Chairperson Deaton introduced the new Director of Development Services, Mark Persico, and welcomed him to the City of Seal Beach. AGENDA APPROVAL MOTION by Massa - Lavitt; SECOND by Bello to approve the Agenda as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None PRESENTATION 1. Presentation of Resolution 09 -42 honoring Lee Whittenberg for his service to the City of Seal Beach as Director of Development Services. Chairperson Deaton made the presentation of Resolution 09 -42 honoring Lee Whittenberg for his service as Director of Development Services to the City of Seal Beach. Chairperson Deaton provided a brief history of Mr. Whittenberg's background and noted that in his 20 years with the City of Seal Beach, he has been involved in These Minutes were transcribed from audiotape of the meeting. 1 of 7 City of Seal Beach Planning Commission Meeting Minutes of December 9, 2009 many of the changes in town. She stated that working with Lee as a Planning Commissioner for the past 7 years has been a pleasure and congratulated him on his retirement. Commissioner Massa - Lavitt noted that she and Lee have known one another professionally for almost 30 years. She stated that it has been a pleasure working with Lee, who has done a great job in this community. She thanked him for all of the work he did during his tenure as Director of Development Services. Mr. Whittenberg stated that Commissioner Massa - Lavitt was functioning as the Interim Planning Director prior to his employment with the City of Seal Beach and for approximately 2 -3 months she did an excellent job of training him to transition into this new position. He noted that it has been an honor to work in this community in which he experienced a lot of challenging and interesting issues and a lot of controversy, but he always enjoyed the people he worked with, not only Planning Commission, City Council, and Staff, but also members of the community. He commented that he believes Mr. Persico will be an excellent fit for this community and thanked everyone. ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. There being no one wishing to speak, Chairperson Deaton closed oral communications. CONSENT CALENDAR 2. Approve Planning Commission Meeting Minutes of November 18, 2009. 3. Receive and File: Status Report Re: SB 375 Implementation Matters 4. Receive and File: "2010 Long -Range Transportation Plan (LRTP)" and "SB 375 Policy Update" Presentations — Southern California Association of Governments. 5. Receive and File: Various Documents Re: Climate Change. 6. Minor Plan Review 10 -1 430 Ocean Avenue Applicant /Owner: Titan Pools / Seal Beach 430 L.L.C. Request: To construct a new barbecue grill, counter, and a gas fire pit located within the required rear yard setback area. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -01, as presented. 2 of 7 City of Seal Beach Planning Commission Meeting Minutes of December 9, 2009 MOTION by Bello; SECOND by Galbreath to approve the Consent Calendar as presented. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: None ABSENT: None Mr. Flower advised that the adoption of Resolution No. 10 -1 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. SCHEDULED MATTERS 7. None. PUBLIC HEARINGS 8. Variance 09 -6 222 Central Way Applicant /Owner: Louis & Pamela Mannone Request: To maintain an existing legal, nonconforming rear yard fence for a single - family residence in its present location (zero setback). The current Zoning Code requires a minimum 5'- 6" setback from the rear property line for any obstructions. Recommendation: Approval, subject to conditions, and adopt Resolution 09 -48. Chairperson Deaton noted that because she lives within 500 feet of 222 Central Way, she would have to recuse herself from this public hearing. She then left Council Chambers. Vice - Chairperson Massa - Lavitt then called for the Staff Report. Staff Report Mr. Olivera delivered the staff report. He provided background information on this item and noted that due to a Staff noticing error, the Planning Commission (PC) had determined at the November 4, 2009, meeting that the fence portion of Variance 09 -6 could not be heard. He explained that the fence is a part of the property as constructed in 1960, at which time the City Zoning Code (ZC) permitted fences to be built at the zero lot line. He noted that since then the ZC was changed permitting no obstructions within 5 ft. 6 in. of the rear property line to allow vision clearance within the alleys for cars backing out of garages, as well as to provide additional space for cars passing within 3 of 7 City of Seal Beach Planning Commission Meeting Minutes of December 9, 2009 alleys. He indicated that this property is different from most properties within Old Town that have garages that load off the alley and face the rear property line. He stated that the existing garage is approximately 4 ft. from the rear property line, and under today's ZC would require a rear setback of 24 -ft. minus the width of the alley to provide a 24 -ft. turn radius into alley - loading garages. He noted that because 222 Central Way is a corner lot with the garage loading off the side street the turn radius is accommodated by the street and the driveway facing the street. Mr. Olivera explained that because the garage does not face the alley, the fence in its existing position does not create any obstruction of the line of sight. He noted that were the fence moved back, the existing utility pole at the rear of the property line would still impede any car driving into this area. He stated that Staff feels that leaving the fence in its existing location would not impede vehicle access in the alley or create vision obstructions, and, therefore, recommends approval of this portion of Variance 09 -6. Commissioner Questions Commissioner Bello stated that she visited the site and the adjacent resident across the alley has stated that there might be an obstruction by the fence when backing out of his alleyway garage. She asked if Staff has looked into this. Mr. Olivera stated that Staff did look at this, and a public notice was mailed to this resident; however, Staff has received no communication from this resident regarding this public hearing. Mr. Olivera then reported that Staff had received two additional letters in opposition to this application, and copies have been provided to the Commission. Mr. Flower stated that the issue before the Planning Commission (PC) tonight is whether it can make the legal findings for granting a Variance as shown in Section 28 -2502 of the Seal Beach Zoning Code (ZC) as follows: a. Variance must not adversely affect the General Plan. b. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, that cause the strict application of the requirements of the ZC to deprive such property of privileges enjoyed by other property in the same vicinity and zone; c. Granting a Variance shall not constitute a grant of special privilege inconsistent with other limitations upon the properties in the same vicinity and zone. Public Hearing Vice - Chairperson Massa - Lavitt opened the public hearing. Nina and Leah Mannone, daughters of the applicants, stated that they were present tonight to speak for their parents. They stated the applicants support for maintaining the fence in its current location and replace it with a new, more attractive one. She noted 4 of 7 City of Seal Beach Planning Commission Meeting Minutes of December 9, 2009 that the existing fence has been in the same location for over 50 years and has not created any problem, and adding 5 feet to the rear setback would serve no purpose and would not be aesthetically pleasing. Mitzi Morton spoke in opposition to Variance 09 -6. She stated that when the ZC was revised in the 1980's it was agreed that all nonconforming properties should be brought up to current standards whenever any improvements were made to the property. She commented that with regard to requests for Variances, letters or comments in support or opposition do not matter; what matters is that Staff and the PC adhere to the City ZC. She noted there is nothing unique about this property and the fence can be moved back from the alley without causing a hardship, and approving this Variance would grant a special privilege. Mike Buhbe also spoke in opposition, noting that safety issues are involved with the fence being on the property line impeding full access to the alley. He noted that the PC must make legal findings, and after visiting the site, he observed no unique circumstance that would exempt the need to move the fence. Joyce Parque spoke in favor of approval noting that most residents in Old Town park their cars outside their alley garages, leaving no room for two cars to drive in opposing directions along an alley at the same time. She said people want open space and she sees no problem with the fence remaining. Robert Goldberg stated that granting the Variance for the garage makes a lot of sense as it would have been very costly to move the garage, but moving the fence would make the sidewall of the garage extend another 3 feet into the alley, and would not provide a space that is contiguous with the back yard. He noted that a Variance should be granted only for something major like relocating the garage, but moving the fence would only provide another 3 feet of storage space along the alley. He stated that he believes the request does not rise to the level of need as described by the City Attorney, and the utility pole should not be considered as part of this request, as in the future all utilities in Old Town are to be taken underground. Nina Mannone reiterated that the fence has been in place for over 50 years and there have been no problems with its location. There being no one else wishing to speak, Vice - Chairperson Massa - Lavitt closed the public hearing. Commissioner Comments Commissioner Larson stated that he does not believe there are many homes in Old Town with street access garages that would be affected by a vote to approve this request. 5 of 7 City of Seal Beach Planning Commission Meeting Minutes of December 9, 2009 Commissioner Bello stated that she believes it still comes back to making the legal findings for approval and fairness to all property owners if this Variance were to be granted. She stated that she believes this would grant a special privilege. Vice - Chairperson Massa - Lavitt stated that she believes a Variance is a "big deal" regardless of the scope of the request, and should be granted sparingly. She noted that the fact that the fence needs to be moved back 5 ft. 6 in. does not appear to be a great loss to the property owner, even though it will slightly decrease the size the back yard. She said she would vote to deny, as public benefit and the unobstructed travel on the alley is more important. Commissioner Galbreath asked what the setback is from the house to the rear fence. Ms. Mannone stated that she does not know what the setback measures. Vice - Chairperson Massa - Lavitt stated that it measures approximately 20 ft. by 5 ft. MOTION by Bello; SECOND by Galbreath to deny Variance 09 -6 to maintain an existing legal, nonconforming rear yard fence. MOTION CARRIED: 3-1-0-1 AYES: Massa - Lavitt, Bello, and Galbreath NOES: Larson ABSENT: None ABSTAIN: Deaton Mr. Flower advised that Staff would return at the scheduled meeting of January 6, 2009, with the final Resolution 09 -48 denying the request to maintain the existing legal, nonconforming rear yard fence at the zero lot line. The 10 -day appeal period will begin after adoption of Resolution 09 -48. Chairperson Deaton returned to Council Chambers. STAFF CONCERNS Mr. Persico thanked the Commission for its welcome and noted that he has met with two of the Commissioners and plans to meet with the remainder of them to discuss future development within Seal Beach. Mr. Olivera noted that the next scheduled meeting of December 23, 2009, is to be cancelled due to the holiday schedule, and the Commission will reconvene at the scheduled meeting of January 6, 2009. COMMISSION CONCERNS Commissioner Bello asked about striping of the streets in Bridgeport after having been repaved. Mr. Olivera stated the he has not had an opportunity to inquire of the City Engineer, but he would look into this. 6 of 7 City of Seal Beach Planning Commission Meeting Minutes of December 9, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Chairperson Deaton wished everyone Happy Holidays and a Happy New Year. ADJOURNMENT Chairperson Deaton adjourned the meeting at 8:10 p.m. Respectfully Submitted, Carmen Alvarez, Executive AssisteDit Planning Department APPRnVAI The Commission on January 6, 2010, approved the Minutes of the Planning Commission Meeting of Wednesday, December 9, 2009. � . 7 of 7