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HomeMy WebLinkAboutPC Min 1983-06-01 - -- .\ MINUTES OF THE SEAL BEACH PLANNING COMMISSION OF':june'L" 1983 The Planning Commission met in regular session on Wednesday, June 1, 1983 in the City Council Chambers of the City Adminis- tration' Building. The meeting was called to order at 7:40 P.M. by Chairman Covingtdn the pledge to the flag was led by Vice Chairman Goldenberg. PRESENT: ABSENT: STAFF: Jessner, Covington~ and Goldenberg Perrin, Smith Antos The minutes were considered and approved as corrected with the following vote: AYES; ABSTAIN: , ABSENT: Goldenberg, Jessner Covington Perrin, S~ith PUBLIC HEARINGS A. James Freimuth, CUP-10-83 & Tentative Parcel Map #83-1003 Staff report presented by Mr~ Antos. This'is an application for conversion of an existing duplex at 127 11th Str~et into a two unit condominium. Recommendation by staff was to approve the permit and parcel map by adoption of two resolutions. It was noted that the project complies with thr~e of the,required items dealing with condominium conversions. The only nonconforming item by today's standards is parking. Tandem parking spaces are nonconforming, but can be exempted with designation of specific spaces per unit. Public Hearing opened. Mr. Jim Freimuth, 1303 Seal Way, the applicant, questioned the condition placed on tentative parcel map regarding existing curb in front of site. ~o be replaced to satisfact~on of City Engineer, Applicant felt that' cost would be exhorbitant. Staff suggested that City include this curb in the next sidewalk repair project and that applicant put up bond to cover cost. In that manner, applicant would pay at a l6wer rate since Contractor would be bidding for work Citywide and would bid at a lower rate per square foot. This was acceptable to applicant. It was decided to add to the #2 condition in Res. #1289 the words "or provide a cash bond necessary to cover that cost as determined by the City Engineer for future correction"; Mr. Jessner indicated that he felt the appliances, if they were not going to be replaced, should be guaranteed for a year. Mr Freimuth indicated that he purchased appliance insurance and that would be done;' Mr. Freimuth indicated that the price r'ange for the condominiums would be $200,000- 225,000. He ~ntends to hold for a minimum of one year fbr capital gain e, -- e, P.C. Minutes of June 1, 1983 Page 2 purposes, and may not sell quickly after that. Mr. Jessner wished to assure that perspective buyers should be protected ..-~ He stated that many times when a buyer purchases a condo conversion, problems arise a~d those buyers come back to the City to ask why this was allowed to happen. Mr. Jessner would like to see future buyers protected while still not imposing many conditions on owner that is not cost effective. He was also concerned that plumbing and electrical systems be guaranteed. After discussion between Commissioners and applicant, it was determined that the insurance policy which covers appliances also covers plumbing and electrical systems. The applicant was agreeable to purchasing such a policy. It was agreed by all to place a statement in the Condominium Conversion Plan. under Plarined Future Amenities, to state' "A one year guaranty on each unit's appliances, plumbing, electrical and heating system to be provided. ,.Commissioner Goldenberg also wished, to see an inspection of the roof required at time of, sale. It was d~cided to place a statement to that effect under th'e Planned Future Amenities section of the Condominium Conversion Plan. Public Hearing closed as no one spoke in opposition. Commissioner Goldenberg moved to amend Condominium Conversion Plan, under Planned Future Amenities section to include stat'ement "A 1 year guaranty o~ each unit's appiances, plumblng, electrical and heating to be provided. There will be ~ roof inspection deemed satisfactory by the Building Department." Res. #1288 Commissioner Jessner moved to adopt Resolution No. 1288, Goldenberg seconded and resolution approved with following vote: AYES: NOES: ABSENT: Covington, Jessner, Goldenberg' None Perrin, Smith Commissioner Jessner moved to amend Resolution #1289 with'the addition of a statement under Condition #2 to read "or provide a cash bond necessary to cover that cost as determined by the City Engineer for future correction." Res. #1289 Commissioner Goldenber moved to adopt Resolution #128~ as amended, Jessner seconded. Motion approved as follows: AYES: NOES: ABSENT: Covington, Jessner, Goldenberg None Perrin, Smith .' e - P.C.~ Minutes of June 1, 1983 Page 3 B. Joyce Ross;,CUP-1l-83, Tentative Parcel Map #83-1002 Staff report presented by Mr. Antos. of two duplexes located at 127 & 129 project. ' This is an application for a conversion 2nd Street into a four unit condominium Commissioner Jessner was concerned with the problems that would arise from having a four unit condominium as opposed to two separate condominiums;' He felt that with a four unit condominium, one building could control the other buiding. Mr. Goldenberg stated that the Articles of Incorporation for a condominium state that a~l areas support the common area. For ins'tance if one roof was in need of repair, both buildings would incur costs for that repair. Staff indicated that there could be one parcel map and two CC&R's with two homeowners associations or there could be two parcel maps (which would raise the cost). Public Hearing Opened. Joyce Ross, 1109! Seal Way, applicant and real estate agent in the City. Ms; Ross indicated that she would be agreeable to the two CC&R's and for the formation of ,two homeowners associations. She agreed that most people would have pride of ownership in their own building. She also indicated that she has no problem to additional conditions placed in Future Amenities section of Condominium Conversion plan as done on the previous CUP application. She felt that this would improve quality of plumbing, electrical systems and then the owner would have the option of carrying on the policy after one year. Public Hearing closed as no one spoke in opposition. Commissioner Goldenberg moved to amend Future Amenities section of Condominium Conversion plan as previously presented to include one year guaranty on appliances, plumbing and electrical systems and to have a roof inspection at time of sale. Jessner seconded the motion which was unanimously approved. Res. #1290 Commissioner Jessner moved to adopt Res. #1290 with the addition of statement for two separate homeowners associations and two CC&R's. Goldenberg seconded and mot~on approved as follows: AYES: NOES: ABSENT: Covington, Jessner, Goldenberg None " -Perrin, Smith Res. 1291 Commissioner Goldenberg moved to adopt Res. #1291 as amended with inclusion of two homeowners association and two CC&R's. Jessner seconded'and resolution approved as follows: 'I . e , :e P.C. Minutes of June 1, 1983 Page 4 AYES: NOES: ABSENT: Covington, Jessner, Goldenberg None Perrin, Smith C. Norman & Cynthia Shelman, CUP~12-83, TentatiNE;(' Parcel Map #83-1004. Staff report presented by Mr. Antos. Proposal is to convert an ,existing duplex into ,a two unit condomium project.' Public Hearing Opened. Norman Shelman, 115 8th Street, the applicant, was available to answer questions. He had no objections in complying with Commission's additions to Future Planned Amenities se~tion of Condominium Conversion Plan as stated in two previous CUP's. He indicated a preference to handle ,replacement of broken curb on the same basis as the first CUP; that is, to have City place in their sidewalk repair project and he would put up a b<;md t,o cover cost. No one spoke in opposition. Public Hearing Closed. Commissioner Goldenberg moved to approve changes to Future Amenities section of Condominiu~ Cotiversion plan as previously presented. Jessner seconded~ and motion 'passed unanimously. Res. #1292 Commissioner Goldenberg moved to adopt Res. #1292, Jessner seconded. Motion passed as "follows: 'AYES: NOES: ABSENT: Covington, Jessner, Goldenberg None Perrin, Smith Res. #1293 Commissioner Jessner moved to "or provide cash bond to City cover cost of construction." follows: adopt Res. #1293 as amended to include statement in amount determined by City Engineer to Goldenberg s~conded and motion passed as AYES: NOES: ABSENT: Covington,- Jessner, Goldenberg None Perrin, Smith REPORT FROM SECRETARY Mr. Antos stated there will be a spe'cial meeting on June 6, 1983 as Walt's Wharf has requested the meeting to ask that the closing time condition be deleted from their conditional use permit. -- e at P. C. Minutes of June 1, 1983 Page 5 , -, Mr. Antos brought,the Commissio~ up to date with regard to Walt's Wharf. He stated that the last time the Commission dealt with Walt's was on the 18th of May when the City Manager requested a clarification of the closing condition on Walt!s CUP~ It was brought tp the City's attention that Walt's was not closing at midnight. On the 18th ,of May, the Commission determined that the originaF,intent of the 'midnight closing condition meant that the doors would close to new customers and all activity in that building would be preparing to close down. After that, two citations were given to Walt's for violating that condition. It was ~entioned that ,all sound attenuation measures have been completed in ,excess of recommendations of acoustical engineer, Hr. Paul Penardi. It was recommended that,Commissioners might like to visit Walt's to determine what can be heard outside the building as that is sure to be discussed at the next special meeting. It was also mentioned that the 'City Manager and the City Attorney will be attending the special meeting. ORAL COMMUNICATIONS Reva Turchin, 1625 Seal Way, asked who is responsible for curbs ,and sidewalks in front of their property. Staff replied that" the fronting property owner is responsible for those items. John Euhleberg, 208 8th Street wished to point out one thing in relation to Walt's \\Tharf that might not be readily apparent. When the original sound report was taken by Mr. PeIiardi, it was unusually quiet that ~vening as the visit was expected. >, Brent Matthews, 218 8th Street asked what would be the proper procedure for citizens to initiate additional requirements on ~losing hour for Walt's Wharf along lines of 10 p.m. weeknights and 11 p.m. weekends. ' Staff replied that the closing ti~e will be discussed at the special meeting for the Commission. Mr. Antos went on to explain format of the special meeting. Meeting adjourned at 10 p.m.