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HomeMy WebLinkAboutPC Min 1978-04-05 L MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 5, 1978 :. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH MET IN REGULAR SESSION ON WEDNESDAY, APRIL 5, 1978, IN THE COUNCIL CHAMBERS OF THE CITY ADMINISTRATION BUILDING. THE MEETING WAS CALLED TO ORDER,BY CHAIRMAN KNAPP AT 7:30 P.M. AND THE PLEDGE TO THE FLAG WAS LED BY VICE CHAIRMAN COOK Present: Lanning, Knapp, Ripperdan, Cook, Covington Absent: None The minutes of March 15, 1978, were approved as presented, with the concurrence of the Planning Commission, the agenda was amended to consider item> "C" and "D" first. 1. PUBLI C HEARINGS . C. Gary Curtis, V-4-78 Applicant is requesting 'a Variance to permit construction of a commercial building in the C-1 zone of Main Street with tandem parking and less than required loading zone at 324 Main Street. The applicant submitted a letter requesting that the matter be continued until April 26th or later due to certain legal considerations. Public Hearing Opened. No one >poke on the subject. Public Hearing Closed, with the concurrence of the Planning Commission, the Chairman continued the matter until May 3, 1978. D. Dominic Bebek, CP-4-78 Applicant is requesting a Conditional Use Permit for construction of a 2 three quarter bathrooms.and for enlargement of living rooms in an existing duplex. Public Hearing Opened. Dominic Bebek, 114 Ocean Avenue, stated that he would answer any questions the Commission might have. Cook asked if the existing garages were used for parking. Mr. Bebek stated that parking is used. Cook asked about a rumor that the building would be converted to a fourplex. Mr, Bebek said the rumor is unfounded and he has no such plans. Public Hearing Closed. Ripperdan moved to approve CP-4-78, seconded by Lanning and unanimously approved. RES. 1129 The Planning Commission determined to hold concurrent hearings on items "A" and "B" since both items are related. Chairman Knapp and Commissioner Ripperdan stated that they had listened to the tape of the March 15, 1978, meeting and would participate in discussion and voting on the items related to IIAII and "BIl ~ . A & B Rossmoor Park Apartments, V-3-78, and CP-2-78 continued. Applicant is requesting approval of a Variance to permit construction of a parking structure in a sideyard which exceed the maximum permitted height for an accessory building. Approval is also requested for CP-2-78, for conversion of an apartment complex into, a condominium. Public Hearing Opened. Cook asked the City Attorney what would result if the Negative Declaration was denied. Pat Coughlin, City Attorney, noted that if a Negative Declaration was not approved, a full E.I.R. would have to be prepared. \ . ( Ie " '. A & B coni nuted Cook asked what effect the denial of the Variance would have on the CUP and Tract Map. Pat Coughlin replied that if the Variance is denied that CUP and Tract Map shoul d be deni,ed if they do not comply wi th the City' s Codes. Each application must be considered on its own merits. Cook asked if the Planning Commissions decision can be appealed to Council. Pat Coughlin noted that the City Council must act on any approved or conditionally approved Tract Map. If the Tract Map is denied, the applicant may wish to appeal. Discussion followed on Tract Map notice to school districts. Although the schools have not yet been notified, notice provided prior to City Council action would comply with the provisions of State Law since the Planning Commission simply advises City Council. Time limits in the Subdivision Map Act are not effected by a City,error. Robert Hirsch, 15233 Ventura Blvd., Sherman Oaks, stated that he does not agree to any other delays based on a City Error. He noted that some people that signed the original petition against the conversion are now in favor of the project. Mr. Hirsch stated that he would reserve any other comments until the rebuttal period. Ruth Gold, a tenant, gave pictures of adjacent buildings to the Planning Commission. She read a statement prepared by Mr. Gold concerning fire safety of the proposed parking structure and the fact that no written report was prepared by the Fire Chief. Bill McCue, representing the Orange County Fair Housing Council, spoke regarding the dual effects of apartment conversions to condominiums which provi de affordable purchase housi ng whil e removi ngaffordab 1 e rental hous ing. Lanning asked about Fair Housing involvement with this project. Mr. McCue stated that they were contacted by the tenants. Richard Freedman, attorney for Fair Housing, spoke on the Government Code requirements for approval of a Variance. He noted that the 1977 S.C.A.G. Housing allocation model noted a 599 unit unmet need,for elderly housing in the City. Covington asked if the study took into account Leisure World. Mr. Freedman stated that the study did take into account Leisure World. Mr. Richard Rheiner, a tenant, spoke in,favor of the project noting that rents have risen and will continue to raise if only in response to inflation. This is an opportunity for many of the tenants to buy units and not be subject to continuing inflationary rent increases. Harold Jacobson, a tenant, noted that during rains the ground is sUbject to flooding and he is concerned about water in the lower level of the structure. Ripperdan stated that the Building Code would require a sump pump to remove water. Mr. Gross, a tenant, indicated that the buildings were built as apartments for a profit, the proposal to convert to condominiums is also for proft. He requests action tonight so all concerned will know what the future ' might hold. He might buy a' unit if the price is right. Elaine Meyer, a tenant, spoke regarding the City Coun~il's failure to approve a moratorium on apartment conversion to condominiums. She is of the opinion that the prices for the units are not affordable to the existing tenants. Alma Rosenthal, a tenant, noted that the people who oppose the project are hurting the chances of all tenants who might wish to buy units. (. (e . y Mr. Reiken, resident of Rossmoor Townhouses, spoke in opposition to the parking structure. Harry Albert, Rossmoor Townhouses, spoke about the Public Notice procedures and stated that this is the first notice he has had. Harold Hansen, RossmoorTownhouses, spoke in opposition to the parking 'structure and asked to see plans. Sam Edleman, a tenant, asked for a definition of'a Negative Declaration and stated that he is of the opinion that the parking structure is a hazard due to auto exhaust impacting people living 'nearby. He noted that he might buy a unit. David Pickard, Rossmoor Townhouses, is concerned about the parking structure as it relates to the future value of his unit. ' Esther Harris, a tenant, stated that two issued must be considered. the Variance and a human issue. She initially signed the petition in opposition to the project. She now is in favor of the conversion. Many people who favor the project did not come to the meeting. Now about 71 families are on a list to buy units.' Ruth Gold, a tenant, again spoke about the parking structure and fire hazards. Robert Hirsch stated that his company is the largest builder in Southern California of new construction, low income housing. He spoke about the proposed carport's location, construction etc., and said a sump pump will , be installed. His company has built 11,000 units in 83 apartment complexes to date and never was requi red to prepare an L1. R. The parki ng structure will be away from all windows in all units in the various buildings. Lanning asked about the tentative prices of the units. Robert Hirsch replied that he can not quote actual prices until the Department of Real Estate approves the prices. Tentative prices would be $35,000 for 1 bedroom, $45,000 for'two bedroom and $55,000 for three bedroom units. Mr. Hirsch and Commissioner Cook discussed the original approvals of the Rossmoor Park Apartments. Discussion followed on FHA Open Space requirements for new apartment and condominium construction. General discussion took place on fire access, fire roads in the project, number of existing and proposed parking spaces. Mr. Hirsch stated that he would provide the required number of parking spaces for the project. In response to questions, Mr. Hirsch stated that he would provide storage cabinets for each unit by placing three cabinets for each two parking spaces at the lower level of the par'kiny structure and in the carport area. The six general purpose rooms will be used for activities selected by the buyers of the units. Secretary noted that the Building Department will review the plans for compliance with noise transmission standards. Cook' asked if this project is consistent with the Housing Element to the General Plan and what benefits the City would receive from this project. Mr. Hirsch stated that because of escalaring costs, rents will continue to rise. Condominiums offer an opportunity to purchase at a fixed, rather low cost. The benefit to the City is to have stable, long term owners in the City. (e . ( Pacifi c ,e { Discussion followed on other possible locations for the parking structure. These other locations are closer'to existing buildings and might be opposed by the Fi re Department. Covington asked if consideration had been given to use of the parking structure roof for recreational uses. Mr. Hirsch stated that based on tenant opposition to the concept, he did not look at roof use for recreational uses. ' Ruth Gold, a tenant, again spoke about Fire Department input to this project. Elaine Meyer, a tenant, asked about the requirement for double wall construction between units. The Secretary said that this must be'reviewed by the Building Department. Public Hearing Closed. Cook was of the opinion that the Negative Declaration was not sufficient and there should be an E.I.R. on the conversion and there are a maximum of 360 legal Jlarking spaces in the pro.iec.t. . . secretary noted that cOnv~rSlon of apartments to condomlnlums is categorically exempt from the provisions of C.E.Q.A. Knapp stated that the Planning Commissions function is not to attempt to' influence the make up of the citizens of the community nor to pass subjective judgement on the type of tenants withi n a compl ex. ~Ii th regard to schools, both the Seal Beach and Los Alamitos districts are in need of more students due to continuing loss of students. Cook spoke about the City's previous action to solve a social problem in their actions on the Seal Beach Trailer Park and the City should take a similar action in this case to preserve the apartment complex as affordable renta 1 un its. Covington was of the opinion that errors were made by both staff and the applicant in this application. If approv~d, the~e would be ho rental" units North of Coast Hwy which is inconsistent' with good planning. The issue is protection of the status quo for all citizens in the City. If no additional recreational amenities are provided, we are creating a problem for the City in the future. The existing amenities are not adequate for teens and serious problems could result from no recreation areas. Knapp stated that teenagers do not cause problems just by being teens, statements to the contrary are unfair to both parents and teens,; The Planning Commission must consider each proposal on its own merits. In any event, the Planning Commission's decisions on any of the applications may be appealed to City Council by any interested person. Lanning moved to approve the Negative Declaration, seconded by Ripperdan. Cook stated that the Negative Declaration is not sufficient and he is of the opinion that a maximum of 360 parking spaces are available in the complex. AYES: Lanning, Knapp, Ripperdan NOES: Cook, Covington Minute Order Cook asked the City Attorney about the effect of approval of the Variance. Pat Coughlin stated that the Variance request is for two items, a structure in a sideyard and a structure which exceeds the maximum height. Knapp moved to approve V-3-78 with all findings in the Staff Report and subject to all conditions in the Staff Report, seconded by Ripperdan. Cook stated that adequate fire vehicle turning radius is not provided. AYES: Lanning, Knapp, Ripperdan NOES: Cook, Covington RES. 1130 -- ce te . Cook moved to deny CP-2-78, seconded 'by Covington. Cook was of the opinion that approval of this application would adversely affect the available rental units North of Pacific Coast Highway and stimulate demand for apartments on the Hellman Land. Covington suggested that if this application is approved, a condition be added to require compliance with all current FHA standards. , AYES: Cook, Covington NOES: Lanning, Knapp, Knapp moved to approve seconded by Lanning. AYES: Lenning, Knapp, Ripperdan NOES: Cook, Covington Lanning moved to approve and recommend to City Council approval of Tentative Tract Map 10295, seconded by Ripperdan. AYES: lanning, Knapp, Ripperdan NOES: Cook, Covington Chairman Knapp declared a recess at 11:20 P.M. to order at 11:30 P.M. Ripperdan CP-2-78 subject to all Motion Failed conditions in the Staff Report, RES. 1131 RES. 1132 The meeting was called back 2. Oral Communications There were no oral communications. 3. Written Communications Knapp asked staff to forward a letter regarding the retirement of a Huntington High School District employee to City Council for action. 4. New Business A. Cook asked staff to prepare a monthly summary information sheet of significant alterations and additions to buildings for Planning Commission review. B. Cook asked if City wide maps at 1 to 300 are being requested in this years budget. Secretary said that funds are being requested. C. Covington asked about the location of the State Lands Commission land that might be used for recreation development. Secretary provided some information on the site and development proposals. 5. Report from Secretary A. Staff distributed a copy of the Issue Identification for the Local Coastal Program. A meeting with Staff will be held on April 13th and a Public 'Hearing will be held before the Planning Commission on April 19th. '"" B. Staff asked the Commission to think about the concept of condominium, conversions of duplexes and determine of they should be permitted. C. Lanning announced that she would be on vacation in June. The meeting was adjourned at 11:40 P.M. {~~ U"V Recording Secretary