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HomeMy WebLinkAboutPC Min 2010-01-06City of Seal Beach Planning Commission Agenda for January 6, 2010 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 – November 2009 2. Approve Planning Commission Meeting Minutes of December 9, 2009. 3. Minor Plan Review 10-2 B-42 Surfside Avenue Applicant/Owner: Victor Pelayo / Patricia Scialampo & Gregory Benedict Request: To add approximately 1,047 square feet to an existing two-story, single-family dwelling. The existing garage has nonconforming side and rear yard setbacks. The applicant wishes to modify the existing garage and 1 City of Seal Beach Planning Commission • Agenda of January 6, 2010 maintain the nonconforming rear yard setback, which is allowed under the Minor Plan Review process for properties within the RLD Zone. Recommendation: Approval, subject to conditions, and adoption of Resolution 10-3. SCHEDULED MATTERS VI. 4. Adoption of Resolution 09-48 denying Variance 09-6 for retention of nonconforming rear yard fence for single-family residence at 222 Central Way. 5. Planning Commission Appointment to Ad Hoc General Plan/Local Coastal Plan Citizens Advisory Committee. PUBLIC HEARING VII. 6. Variance 10-1 700 Ocean Avenue Applicant/Owner: Edward Gulian / Matt & Linda Tachdjian Request: To allow a remodel and square footage expansion of a nonconforming, single-family dwelling within the Residential Low Density (RLD) Zone. The property is nonconforming due to an inadequate street side yard setback (existing setback is zero; required setback is 5’8”). The applicant wishes to maintain the existing zero street side yard setback. Recommendation: Denial and adoption of Resolution 10-2. DIRECTOR’S REPORT VIII. COMMISSION CONCERNS IX. ADJOURNMENT X. To adjourned meeting of January 20, 2010, at 7:30 P.M. 2 City of Seal Beach Planning Commission • Agenda of January 6, 2010 2010 Agenda Forecast Jan 20 Feb 3 Zone Text Amendment for “Doghouses.” Zone Change, General Plan Amendment, Conditional Use Permit - Feb 17 1300 Pacific Coast Highway (Chevron) Mar 03 Planning Commission By-Laws Mar 17 Apr 07 Planning Commission Training Session Apr 21 May 05 May 19 Jun 09 Jun 23 Jul 07 Jul 21 Aug 04 Aug 18 Sep 08 Sep 22 Oct 06 Oct 20 Nov 03 Nov 17 Dec 08 Dec 22 3 CITY OF SEAL BEACH 1 PLANNING COMMISSION 2 3 Minutes of January 6, 2010 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, January 6, 2010. 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: Chairperson Deaton, Commissioners Galbreath, Larson, and Massa-Lavitt. 14 15 Also 16 Present: Department of Development Services 17 Mark Persico, Director of Development Services 18 Jerry Olivera, Senior Planner 19 Steve Flower, Assistant City Attorney 20 21 Absent: Commissioner Bello 22 23 Mr. Persico reported that Commissioner Bello had called to state that she would not be 24 present at tonight’s meeting. Chairperson Deaton requested a motion to excuse 25 Commissioner Bello’s absence. 26 27 MOTION by Massa-Lavitt; SECOND by Galbreath to excuse Commissioner Bello from 28 the Planning Commission meeting of January 6, 2010. 29 MOTION CARRIED: 4 – 0 – 1 30 AYES: Deaton, Galbreath, Larson, and Massa-Lavitt 31 NOES: None 32 ABSENT: Bello 33 34 AGENDA APPROVAL 35 36 37 Commissioner Massa-Lavitt requested that Item No. 3 be removed from the Consent 38 Calendar for further discussion. 39 40 MOTION by Massa-Lavitt; SECOND by Larson to approve the Agenda as amended. 41 MOTION CARRIED: 4 – 0 – 1 42 AYES: Deaton, Galbreath, Larson, and Massa-Lavitt 43 NOES: None 44 1 These Minutes were transcribed from audiotape of the meeting. 1 of 9 ABSENT: Bello 1 ORAL COMMUNICATIONS 2 3 4 Chairperson Deaton opened oral communications. 5 6 Seth Eaker, Seal Beach Chamber of Commerce (SBCC), reported that the Christmas 7 parade and tree lighting had been very successful. He stated that economic conditions 8 continue to challenge small businesses in Seal Beach, and he encouraged the 9 community to shop local in support of merchants. He indicated that the SBCC has 10 provided feedback to the City consultant on the Title 11 update. He ended by noting 11 that the 2010 Health Fair at the Shops at Rossmoor will take place in March. 12 13 There being no one else wishing to speak, Chairperson Deaton closed oral 14 communications. 15 CONSENT CALENDAR 16 17 18 1. Building Activity Report – November 2009 19 20 2. Approve Planning Commission Meeting Minutes of December 9, 2009. 21 22 MOTION by Galbreath; SECOND by Larson to approve the Consent Calendar as 23 amended. 24 MOTION CARRIED: 4 – 0 – 1 25 AYES: Deaton, Galbreath, Larson, and Massa-Lavitt 26 NOES: None 27 ABSENT: Bello 28 29 SCHEDULED MATTERS 30 31 32 3. Minor Plan Review 10-2 33 B-42 Surfside Avenue 34 35 Applicant/Owner: Victor Pelayo / Patricia Scialampo & Gregory Benedict 36 37 Request: To add approximately 1,047 square feet to an existing two- 38 story, single-family dwelling. The existing garage has 39 nonconforming side and rear yard setbacks. The applicant 40 wishes to modify the existing garage and maintain the 41 nonconforming rear yard setback, which is allowed under the 42 Minor Plan Review process for properties within the RLD 43 Zone. 44 45 Recommendation: Approval, subject to conditions, and adoption of Resolution 10-3. 46 2 of 9 City of Seal Beach Planning Commission Meeting Minutes of January 6, 2010 1 Staff Report 2 3 Mr. Olivera noted that this new, 3-story home complies with the Building Code, side 4 yard setbacks, and height requirements of the Surfside Residential Low Density (RLD) 5 Zoning. Chairperson Deaton clarified that Surfside is zoned to permit a 35-foot height 6 limit for homes. Mr. Olivera added that Measure Z, which was approved last year, did 7 not include Surfside. He continued by stating that the existing garage for this home 8 does have nonconforming side and rear yard setbacks, and the applicant proposes to 9 modify the garage and maintain the nonconforming rear yard setback. He explained 10 that the Surfside RLD Zone does permit a nonconforming rear yard setback to remain 11 when expanding a property. Chairperson Deaton asked if the project has received 12 approval from the Surfside Homeowners Association. Mr. Olivera stated that it has not 13 yet received approval, but this would be required prior to the issuance of building 14 permits. 15 16 Commissioner Massa-Lavitt inquired about the side yard setback along the east side, 17 noting that the east wall of the garage is on the property line. She asked when the 18 garage is modified, how far would the wall be pulled back. Mr. Olivera responded that 19 after the modification there will be a 3-foot setback on the east side. Commissioner 20 Massa-Lavitt commented that it would have been very helpful to include a site plan that 21 shows the correct setbacks dimensions. She then noted that the Conditions of Approval 22 do not precisely state what is to be done to make the garage conforming, nor does it 23 state the dimensions and setback measurements. She stated that she believes this 24 must be included, since the plans do not reflect this information. Mr. Olivera referred to 25 Page 10 of the Staff Report and noted that Condition No. 2 does state the requirements 26 for the side yard setbacks, and Condition No. 4 states the minimum interior dimensions 27 for the new, conforming garage. 28 29 Commissioner Larson noted that the plans do not clearly depict that a third story is to be 30 added and where it is to be located. He asked if there were some way to clarify this. 31 Chairperson Deaton and Commissioner Massa-Lavitt were in agreement. 32 Commissioner Massa-Lavitt also noted that the elevation drawings appear to reflect that 33 the third story will go from the front to the rear of the structure. Mr. Olivera stated that 34 the existing main structure is three stories, and the garage is attached by a breezeway 35 and roof deck on the second floor. He indicated that the applicant proposes to fill in the 36 breezeway and convert the breezeway and the roof deck area to part of the third story. 37 Commissioner Massa-Lavitt noted that this is not clearly indicated on the side elevation 38 drawings. 39 40 Public Comments 41 42 Chairperson Deaton opened for public comments. 43 44 Victor Pelayo, representative for the applicant, stated that the demolition plan shows 45 that the breezeway is to be eliminated. He then indicated that in his conversation with 46 the Senior Planner he was informed that the 3-foot setback requirement for the garage 3 of 9 City of Seal Beach Planning Commission Meeting Minutes of January 6, 2010 1 would be included in the resolution and there would be no need to show this in the plan 2 drawings. He noted that the Director of Development Services made it clear to Mr. 3 Olivera that there was a misreading of the Zoning Code (ZC), so what Mr. Olivera 4 thought was to be permissible no longer was, and due to the holiday schedule, there 5 was not sufficient time to prepare a new set of plans. He reiterated that he was 6 reassured that the final resolution would include these specifications. Mr. Persico 7 confirmed that Staff had met with the applicant and the property owner shortly before 8 the holidays, and had noted the omission in the plans of the setback measurements. 9 He stated that the proposed addition is permitted under the Minor Plan Review process, 10 and Staff had told Mr. Pelayo that the garage setback requirements and interior 11 dimensions would be addressed in the Conditions of Approval. 12 13 There being no one else wishing to speak, Chairperson Deaton closed public 14 comments. 15 16 Public Comments 17 18 Commissioner Larson stated that he favors approval and noted that over the years he 19 has had the highest respect for Planning Staff, and in particular the Director of 20 Development Services, but he is concerned that Planning Commission Resolutions do 21 not always include everything that the Commissioners need to know. He stated that the 22 Resolution should state exactly what the PC has approved. Mr. Flower stated that Staff 23 could very easily amend the proposed Condition No. 2 in Section 6 by adding the 24 following text: 25 26 “The existing garage as depicted in the submitted plans shall be modified 27 to provide a minimum 3-foot side yard setback on both sides of the subject 28 property. The project shall otherwise conform to the plans submitted with 29 this application, which are incorporated hereby as part of the resolution.” 30 31 Chairperson Deaton directed that in the future Staff must ensure that the plans and the 32 proposed resolution match. She stated that in the past she does not recall approving a 33 project that had not yet received approval from the respective homeowners association 34 (HOA). She indicated that it is very helpful for the PC to make a determination after 35 HOA approval has been received. She asked if the HOA does not approve this project, 36 would this make the PC determination null and void. Mr. Flower explained that as a 37 legal matter, the HOA review process is a separate, private matter from what occurs 38 under the City’s ZC. Chairperson Deaton noted that the City cannot issue building 39 permits until approval from the HOA is granted. She stated that she believes that prior 40 to granting approval, the PC should know that the Surfside HOA has already given its 41 approval. Mr. Flower stated that the reverse is also true, because the HOA could 42 change things as well as the PC, and the project could go back and forth forever. Mr. 43 Olivera explained that there have been instances in the past where the PC has 44 approved a project, and if modifications became necessary, Staff then determined 45 whether the submitted plans would remain in substantial compliance, as approved by 46 the PC, and usually would allow the project to proceed. He indicated that any drastic 4 of 9 City of Seal Beach Planning Commission Meeting Minutes of January 6, 2010 1 alterations to the plans would definitely be brought to the attention of the PC. 2 Chairperson Deaton restated that she felt it wise to present any project plans to the PC 3 after the have received approval from their respective HOA. Mr. Persico stated that 4 Staff can modify the submittal requirements to include prior approval from the HOA. 5 6 Commissioner Larson commented that during his history on the City of Seal Beach PC, 7 there were “disputes” with Surfside Colony because the PC was taking action without 8 awaiting the approval from the Surfside HOA. He said that Surfside Colony felt that this 9 was destroying the relationships between Surfside homeowners and the City. He 10 recommended waiting for approval from the HOA prior to presenting projects for 11 approval by the PC. 12 13 Mr. Flower presented the proposed text for the amended Conditions of Approval, as 14 follows: 15 16 End of Condition No. 2: 17 18 “The project shall otherwise substantially comply with the submitted plans, 19 which are hereby incorporated by this reference as set forth in full.” 20 21 MOTION by Galbreath; SECOND by Larson to approve Minor Plan Review 10-2, 22 subject to conditions, and adopt Resolution 10-3 as amended. 23 MOTION CARRIED: 4 – 0 – 1 24 AYES: Deaton, Galbreath, Larson, and Massa-Lavitt 25 NOES: None 26 ABSENT: Bello 27 28 29 Mr. Flower advised that the adoption of Resolution No. 10-3 begins a 10-day calendar 30 appeal period to the City Council. The Commission action tonight is final and the 31 appeal period begins tomorrow morning. 32 33 4. Adoption of Resolution 09-48 denying Variance 09-6 for retention of 34 nonconforming rear yard fence for single-family residence at 222 Central Way. 35 36 Chairperson Deaton noted that she would recuse herself from voting on this item, as 37 she resides within 500 feet of the subject property at 222 Central Way. She then left 38 Council Chambers. 39 40 Commissioner Larson noted that he had originally voted “NO” on this motion, and 41 consistency would demand that he also vote “NO” on this resolution. With only 2 42 Commissioners left, he asked if a 2-1 vote would suffice to approve Resolution 09-48, or 43 should he provide at “courtesy” vote. Mr. Flower indicated that a 2-1 vote would be 44 sufficient to approve Resolution 09-48, but the issue tonight is not whether to approve 45 the project, but whether or not the resolution conforms to the decision previously made. 46 5 of 9 City of Seal Beach Planning Commission Meeting Minutes of January 6, 2010 1 Staff Report 2 3 Mr. Olivera explained that Resolution 09-48 would deny the portion of Variance 09-6 4 that requested retention of a nonconforming rear yard fence for a single-family 5 residence at 222 Central Way. 6 7 MOTION by Massa-Lavitt; SECOND by Galbreath to adopt Resolution 09-48 as 8 presented. 9 MOTION CARRIED: 3 – 0 – 1 – 1 10 AYES: Massa-Lavitt, Galbreath, and Larson 11 NOES: None 12 ABSENT: Bello 13 ABSTAIN: Deaton 14 15 16 Mr. Flower advised that the adoption of Resolution No. 09-48 begins a 10-day calendar 17 appeal period to the City Council. The Commission action tonight is final and the 18 appeal period begins tomorrow morning. 19 20 Chairperson Deaton returned to Council Chambers. 21 22 5. Planning Commission Appointment to Ad Hoc General Plan/Local Coastal Plan 23 Citizens Advisory Committee. 24 25 Staff Report 26 27 Mr. Persico indicated that this appointment tonight would be forwarded to City Council 28 (CC) for confirmation. He explained that this Ad Hoc Committee would have 29 responsibility for reviewing all matters related to the General Plan Update and the Local 30 Coastal Plan. He noted that CC established this committee in July 2002 and wishes to 31 have the Planning Commission (PC) make an appointment to this committee. 32 33 Chairperson Deaton opened for nominations. 34 35 Commissioner Massa-Lavitt nominated Ellery Deaton. Commissioner Larson seconded 36 this nomination. 37 38 There being no other nominations, Chairperson Deaton called for a vote. 39 40 MOTION by Massa-Lavitt; SECOND by Larson to recommend to City Council that Ellery 41 Deaton be appointed to the Ad Hoc General Plan/Local Coastal Plan Citizens Advisory 42 Committee. 43 MOTION CARRIED: 4 – 0 – 1 44 AYES: Deaton, Galbreath, Larson, and Massa-Lavitt 45 NOES: None 46 6 of 9 City of Seal Beach Planning Commission Meeting Minutes of January 6, 2010 ABSENT: Bello 1 2 PUBLIC HEARINGS 3 4 5 6. Variance 10-1 6 700 Ocean Avenue 7 8 Applicant/Owner: Edward Gulian / Matt & Linda Tachdjian 9 10 Request: To allow a remodel and square footage expansion of a 11 nonconforming, single-family dwelling within the Residential 12 Low Density (RLD) Zone. The property is nonconforming 13 due to an inadequate street side yard setback (existing 14 setback is zero; required setback is 5’8”). The applicant 15 wishes to maintain the existing zero street side yard setback. 16 17 Recommendation: Denial and adoption of Resolution 10-2. 18 19 Staff Report 20 21 Mr. Olivera delivered the staff report noting that this item was removed from tonight’s 22 agenda after Staff discovered additional information in the building permit file for this 23 address. He indicated that Staff is awaiting information from the City Attorney regarding 24 the advancement of the application for Variance 10-1. He indicated that Staff would 25 report to the Planning Commission on the status of this item at its next scheduled 26 meeting. 27 28 Public Hearing 29 30 Chairperson Deaton opened the public hearing. 31 th 32 William Romans, 116 7 Street, spoke in opposition to Variance 10-1 noting that there 33 is a zero setback along the stub street, which is a frequent access point to the beach for 34 the public. He cautioned that because there is no setback, any object falling from the 35 roof would fall onto this public walkway, creating a potential danger to pedestrians using 36 this access street. 37 38 Mr. Olivera noted that the current side yard setback for interior lots is 10 percent of the 39 lot width, with a 3-foot minimum. A street side setback is also 10 percent of the lot 40 width. 41 42 Chairperson Deaton continued the public hearing for Variance 10-1 to the next 43 scheduled meeting of January 20, 2010. 44 45 46 7 of 9 City of Seal Beach Planning Commission Meeting Minutes of January 6, 2010 DIRECTOR’S REPORT 1 2 3 Mr. Persico provided status updates on the following items: 4 5 1. DWP Property – Bay City Partners has submitted an application a Specific Plan 6 Amendment as well as two lot line adjustment applications, all of which are 7 currently under review. Because the applications have been deemed 8 incomplete, Staff is currently awaiting further submittals before moving forward. 9 10 2. Chevron Mini-Mart, 1300 Pacific Coast Highway – After conducting a 11 neighborhood meeting in July 2009, the applicants received a lot of input and 12 have indicated that they wish to move forward with this project. When plans 13 are submitted, Staff will complete the Negative Declaration and present it to the 14 Planning Commission for review. The application is for a Zone Change, 15 General Plan Amendment, and a Conditional Use Permit. 16 17 3. Vacant lot at Pacific Coast Highway & Main Street – A sign at the location 18 reads “Sale Pending,” but no one has come in to meet with Staff, nor have 19 project plans been submitted within the last two years. 20 21 4. Ad Hoc Planning Commission Committee – This Committee consists of 22 Chairperson Deaton, Commissioner Larson, and the Director of Development 23 Services and conducted its first meeting on December 17, 2009, and will be 24 meeting again in early February. He noted that at that time the Ad Hoc 25 Committee will be recommending to the full Commission a set of Planning 26 Commission (PC) bylaws that will deal will process and procedure for 27 presenting items to the PC. He added that training procedures were also 28 discussed. 29 30 5. Zone Text Amendment for “Doghouses” - This item will come before the PC in 31 February and after determination is made this Amendment will be added to the 32 Title 11 Zoning Code. 33 34 6. Status Update on Title 11 – The Title 11 Code is to be presented at the City 35 Council (CC) meeting on Monday, January 11, 2009, and will include a 36 schedule of community meeting that will commence in March 2009, with 37 Planning Commission hearings scheduled for May. 38 39 7. Bridgeport street striping – The City Engineer has indicated that under the 40 Vehicle Code and state law, striping on residential streets is not required, and 41 Public Works has made the determination that when slurry seal is applied, re- 42 striping will no longer be done on residential streets. 43 44 Mr. Olivera clarified that Item 5 refers to Covered Roof Access Structures (CRAS). 45 COMMISSION CONCERNS 46 8 of 9 City of Seal Beach Planning Commission Meeting Minutes of January 6, 2010 A Chairperson Deaton asked if there were a way to provide a copy of the process that 3 must take place with regard to the DWP property. Mr. Flower stated that he could 4 provide a "very broad outline," but Staff is currently not certain of what is to be 5 proposed. He explained that with the submittal of the Specific Plan Amendment, Staff 6 would perform an initial review, as required by the California Environmental Quality Act 7 (CEQA) to determine whether further environmental review is necessary, and if so, a 8 Negative Declaration (ND), Mitigated Negative Declaration (MND), or an Environmental 9 Impact Report (EIR) would be prepared. He indicated that the CEQA review would take 10 a considerable amount of time and the public would be made aware if an EIR is 11 required, and this document will be circulated for public comment. He emphasized that 12 there would be many points along the way for the public to become aware of what the 13 proposed project is to be. After the environmental document is circulated, it will come 14 before the PC for a recommendation of approval and the CC would make the final 15 approval. He stated that because a Specific Plan Amendment is a legislative act it 16 would have to go before CC for final action. 17 18 ADJOURNMENT 19 20 Chairperson Deaton adjourned the meeting at 8:23 p.m. 21 22 2. Respectfully Submitted, 2 26 27 Carmen Alvarez, Executive Assistant 28 Planning Department 29 30 31 APPROVAL 32 33 The Commission on January 20, 2010, approved the Minutes of the Planning 34 Commission Meeting of Wednesday, January 6, 2010. C . 9of9