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HomeMy WebLinkAboutPC Min 2010-01-20City of Seal Beach Planning Commission Agenda for January 20, 2010 7:30 p.m. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ELECTION OF CHAIRPERSON AND VICE - CHAIRPERSON IV. 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. 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. 1. Building Activity Report — December 2009 2. Receive and File: "Status Report Regarding Zoning Code and Zoning Map Amendment Process (Title 11)" — City Council Agenda Staff Report dated January 11, 2010. VII. SCHEDULED MATTERS 3. Approve Planning Commission Meeting Minutes of January 6, 2010. 1 City of Seal Beach Planning Commission • Agenda of January 20, 2010 VIII. PUBLIC HEARING 4. 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 58 "). The applicant wishes to maintain the existing zero street side yard setback. Recommendation: No Commission action required. Refer to attached memorandum. 5. Conditional Use Permit 08 -3 (Indefinite Extension) 302 Main Street (Main Street Wine Cellar) Applicant /Owner: Randy Maddix / Henryk Warno Request: Indefinite extension of existing Conditional Use Permit 08 -3 and for the expansion of existing operating hours to 11:00 a.m. to 11:00 p.m., Friday and Saturday. Recommendation: Continue to meeting of February 3, 2010. IX. STAFF CONCERNS X. COMMISSION CONCERNS XI. ADJOURNMENT To adjourned meeting of February 3, 2010, at 7:30 P.M. FA City of Seal Beach Planning Commission • Agenda of January 20, 2010 2010 Agenda Forecast Feb 3 Conditional Use Permit 08 -3 (Indef. Ext.) - 302 Main Street (Main Street Wine Cellar) Zone Text Amendment - Covered Roof Access Structure (CRAS) Feb 17 Minor Plan Review 10 -3 — 4533 Elder Avenue Conditional Use Permit (Indef. Ext.) — 12235 Seal Beach Blvd. (Pei Wei Asian Diner) General Plan Amendment 09 -1, Zone Change 09 -1, Conditional Use Permit 08 -9, Variance 09 -2 — 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 1 2 3 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of January 20, 2010 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, January 20, 2010. 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, and Larson Also Present: Department of Development Services Mark Persico, Director of Development Services Jerry Olivera, Senior Planner Steve Flower, Assistant City Attorney Absent: Commissioner Massa - Lavitt. Mr. Persico noted that Commissioner Massa - Lavitt would not be present tonight. Chairperson Deaton requested a motion to excuse Commissioner Massa - Lavitt's absence. MOTION by Larson; SECOND by Bello to excuse Commissioner Massa - Lavitt's absence from the Planning Commission meeting of January 20, 2010. MOTION CARRIED: 4-0-1 AYES: Deaton, Bello, Galbreath, and Larson NOES: None ABSENT: Massa - Lavitt ELECTION OF CHARIPERSON AND VICE - CHAIRPERSON Chairperson Deaton noted that this was previously completed. Mr. Persico stated that this item should not have appeared on the agenda and apologized for the error. He requested a motion to remove this item from the agenda. MOTION by Bello; SECOND by Galbreath to remove Item III, Election of Chairperson and Vice - Chairperson, from the Planning Commission Agenda of January 20, 2010. MOTION CARRIED: 4-0-1 These Minutes were transcribed from audiotape of the meeting. 1 of 5 AYES: Deaton, Bello, Galbreath, and Larson NOES: None ABSENT: Massa - Lavitt AGENDA APPROVAL MOTION by Bello; SECOND by Larson to approve the Agenda as amended. MOTION CARRIED: 4-0-1 AYES: Deaton, Bello, Galbreath, and Larson NOES: None ABSENT: Massa - Lavitt ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. There being no one wishing to speak, Chairperson Deaton closed oral communications. CONSENT CALENDAR 1. Building Activity Report — December 2009 2. Receive and File: "Status Report Regarding Zoning Code and Zoning Map Amendment Process (Title 11)" — City Council Agenda Staff Report dated January 11, 2010. MOTION by Larson; SECOND by Bello to approve the Consent Calendar as presented. MOTION CARRIED: 4-0-1 AYES: Deaton, Bello, Galbreath, and Larson NOES: None ABSENT: Massa - Lavitt SCHEDULED MATTERS 3. Approve Planning Commission Meeting Minutes of January 6, 2010. Mr. Flower noted that Commissioner Bello should abstain from voting, as she was absent from the Planning Commission meeting of January 6, 2010. MOTION by Galbreath; SECOND by Larson to approve the Planning Commission Meeting Minutes of January 6, 2010, as presented. MOTION CARRIED: 3-0-1-1 AYES: Deaton, Galbreath, and Larson 2 of 5 City of Seal Beach Planning Commission Meeting Minutes of January 20, 2010 NOES: ABSENT: ABSTAIN: PUBLIC HEARINGS None Massa - Lavitt Bello 4. 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: No Commission action required. Refer to attached memorandum. Staff Report Mr. Olivera delivered the staff report. He provided background information on this item and noted that when reviewing the application Staff discovered on record a previously approved Variance dating from 1964, which approved the property in its present state with the zero street side yard setback. He explained that the applicant wishes to maintain this setback, and after consulting with the City Attorney, it was determined that the Variance approved in 1964 remains valid and will allow retention of the zero side setback. He added that Staff has determined that no Commissioner action is required on this item. Commissioner Questions Chairperson Deaton asked what happens if the Variance is modified and in the future the house is resold. Mr. Flower explained that the Variance is not being modified, but will allow the applicant to maintain a wall on the zero setback line, and the home will basically retain the same footprint with the exception of the reduced length of the side wall. He noted that were the applicant to modify the property later on, Staff would have to reconsider whether the Variance would still apply based upon the modifications. Chairperson Deaton asked if the applicant does not build everything as approved under the Variance, would this change the Variance down the road, or would it remain as originally granted. Mr. Flower reiterated that the Variance granted the right to build up to the lot line and the City cannot alter this without allowing the owner an opportunity to abate the use as approved. Mr. Olivera explained that the Variance was granted for a specific length of building wall along a zero lot line, but the applicant would actually be 3 of 5 City of Seal Beach Planning Commission Meeting Minutes of January 20, 2010 reducing this length with the remodel of the house. Mr. Flower interjected that this would be within the scope of the previous Variance approval. Chairperson Deaton asked if 40 years from now could someone come along and build at the zero lot line for the entire length of the permitted structure. Mr. Flower stated that the new owner would probably be able to build a structure at the zero lot line out to the approved length of the home. He explained that a Variance stands unless amended by City Ordinance, and because this has not occurred in this case, the City must honor the original Variance granted in 1964. Chairperson Deaton then asked that evidence of the Variance be made readily available to the public. Commissioner Larson asked if a time limit had been placed for activation of this Variance. Mr. Olivera stated that as a standard condition, the applicant has 12 months to activate the Variance. 5. Conditional Use Permit 08 -3 (Indefinite Extension) 302 Main Street (Main Street Wine Cellar) Applicant /Owner: Randy Maddix / Henryk Warno Request: Indefinite extension of existing Conditional Use Permit 08 -3 and for the expansion of existing operating hours to 11:00 a.m. to 11:00 p.m., Friday and Saturday. Recommendation: Continue to meeting of February 3, 2010. Staff Report Mr. Olivera delivered the staff report. He provided background information on this item and noted that Staff continues discussions with the applicant regarding compliance with the Conditions of Approval, and is requesting that this item be continued to the next scheduled meeting of February 3, 2010. Public Hearing Chairperson Deaton opened the public hearing. There being no one wishing to speak, Chairperson Deaton continued the public hearing to the next scheduled meeting of February 3, 2010. MOTION by Larson; SECOND by Bello to continue the public hearing for Conditional Use Permit 08 -3 (Indefinite Extension) to the next scheduled meeting of February 3, 2010. MOTION CARRIED: 4-0-1 AYES: Deaton, Bello, Galbreath, and Larson NOES: None 4 of 5 City of Seal Beach Planning Commission Meeting Minutes of January 20, 2010 1 ABSENT: Massa - Lavitt 2 3 DIRECTOR'S REPORT 4 5 Mr. Persico indicated that Staff had anticipated the Planning Commission hearing for 6 the Zone Text Amendment (ZTA) for Covered Roof Access Structures (GRAS) to take 7 place at the meeting of February 3, 2010; however, public notice was delayed making it 8 necessary to move this item to the meeting of February 17, 2010. 9 10 He then reported that at the end of last week the California Standards Building 11 Commission adopted the state's first Green Building Code, making it the first green 12 building code in the nation. He noted that it will take effect on January 1, 2011, and 13 Building Department Staff will be working with contractors to inform them of the pending 14 changes. 15 16 COMMISSION CONCERNS 17 18 Commissioner Larson stated that at the next meeting when reviewing Conditional Use 19 Permit 08 -3 (Indefinite Extension) for Main Street Wine Cellar he will ask Staff how 20 much time was spent monitoring this location. He noted that the manager "has an 21 attitude and was not closing on time," and Staff had indicated that they would be 22 monitoring the time the Wine Cellar is closing each night. He said that he wants to 23 know how much money was spent on this. 24 25 Commissioner Bello thanked the City for organizing the community meeting for 26 Bridgeport to discuss the ARCO groundwater contamination issue. She noted the 27 meeting will take place tomorrow at 7:00 p.m. at City Hall. She encouraged all 28 members of the community to participate. 29 30 ADJOURNMENT 31 32 Chairperson Deaton adjourned the meeting at 7:57 p.m. 33 34 Respectfully Submitted, 35 36 37 38 Carmen Alvarez, Executive Assistant 39 Planning Department 40 41 42 APPROVAL 43 44 The Commission on February 3, 2010, approved the Minutes of the Planning 45 Commission Meeting of Wednesday, January 20, 2010. 5of5