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HomeMy WebLinkAboutPC Min 1990-08-15 . . . CITY OF SEAL BEACH PLANNING COMMISSION MEETING MINUTES OF AUGUST 15, 1990 The regularly scheduled meeting of the City of Seal Beach Planning Commlssion was called to order on August 15, 1990 at 7:30 p.m. in city council Chambers by Chairman Fife. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner orsini. ROLL CALL Present: Chairman Fife Commissioners orslni, Sharp, McCurdy, Dahlman Commlssioner Dahlman arrlved at 8:13 p.m. Staff Present: Barry curtis, Administrative Assistant Department of Development Services Michael Cho, Intern, Dept. of Development Srvcs. CONSENT CALENDAR 1. MINUTES OF AUGUST 1, 1990 Chairman Fife noted that page 8 of the Mlnutes had been omitted from all copies during photocopying and therefore the Minutes would be held over for approval to the next meeting. Chairman Flfe had the fOllowing changes to these Minutes: Page 10 - Line 51 - Change "space" to "use". Page 10 - Line 54 - Move "Page" to top of next page. Page 11 - Line 6 - Change "office" to "retail". Page 11 - Line 11 - Change "complete" to "completely". Page 11 - Line 12 - Add the word "had" after "Mr. Jessner". Page 11 - Line 40 - Add the words "that in" after "noted". Page 11 - Line 54 - Reverse the words to "we would". . . . Page 2 - Planning Comm~ssion Minutes of August 15, 1990 Page 15 - Lines 35 & 36 - Add the words "had arose of benches for patrons to sit down on" after "The quest~on". Page 16 - Line 43 - Change "proJect" to "projection". Page 16 - Line 43 - Add the word "it" before "actually". *** SCHEDULED MATTERS There were no scheduled matters on the agenda. PUBLIC HEARINGS Cha~rman F~fe indicated Commiss~oner Dahlman wanted to participate in the discussion of CUP 9-90 and asked the Commiss~on to temporar~ly sk~p to other items unt~l he arrived. MOTION by Sharp; SECOND by McCurdy that the Commission temporarily skip over Item V and hear other items until Commissioner Dahlman arrives. MOTION CARRIED: 4 - 0 AYES: Orsini, Sharp, Fife, Mccurdy *** STAFF CONCERNS 3. ZONE TEXT AMENDMENT (ZTA) 5-90 DENSITY/TANDEM PARKING staff Report Mr. Curtis stated th~s item is before the Comm~ssion now to allow the Commissioners time to discuss and consider the issue before the Public Hearing. Cha~rman FJ.fe said this ZTA would allow substantial enlargements or expansions to properties that are non- conform~ng due to both density and tandem parking. Mr. Curtis said the expansions would have to remain a remodel not new construction. Under the requirements of a remodel only one wall has to remain standJ.ng. Commiss~on Comments None of the Commissioners had any comments to staff at this time. Mr. Fife told Mr. Curtis he could proceed and schedule this item for a Public Hearing. *** . . . Page 3 - Planning Commission Minutes of August 15, 1990 COMMISSION CONCERNS commissioner Orslni indicated transients are moving into cardboard shel ters on the state Lands property. He asked staff if the Planning CommlSSlon got lnvol ved with this matter? Mr. curtis replied that the Police Department and Health Department have been advised of this matter and they are the proper departments to be involved. Commlssioner Sharp asked Mr. Curtis for a progress report on the list of items the Planning Commission gives to staff to work on. Mr. curtis gave the following updates: NOISE STUDYIVARIANCE #6-89 - Staff has the sound study data back. However, the Orange County person that City staff has been working with is on sick leave for an indefinite period of time. Staff needs to work directly with that person to interpret his findings properly. The Commission should receive a staff report within the next two meetings. COVERED ROOF ACCESS STRUCTURES Staff will be providing recommended guidelines to the City Council for their september 19th meeting. Mr. Curtis said staff anticipates having updated reports back to the Planning Commission within the next one to two meetings. BIXBY MEETINGS - Mr. Curtis said the City Council put those meetings off until October and it is up to Bixby when they want to reschedule them. SUPER SAVER SEVEN THEATRES - Mr. curtis said the problem was rectified and CUP #12-89 will come before the Planning Commission at their September 5th meeting. At that time the issue of the roped off separation (between the video games and the rest of the lobby) remaining or being removed will be considered by the Commission. TRASH & BIXBY FENCE - Commissioner Sharp said he had driven by the fence and the trash has been cleaned up. ALCOHOL SALES & MINI MARTS - Mr. curtis indicated there is nothing in the current ~ that defines mini-marts. Chairman Fife asked what will be done about the one mlni-mart that does eXlst? Mr. curtis sald staff has been working with the City Attorney's office to determine if it's possible, over a number of years, to amortlze that use out of existence. Mobil oil Co. has not been advised that there could be some problems at that station because staff is just beginning research on this matter. . . . Page 4 - Plann1ng Comm1ssion Minutes of August 15, 1990 MOBIL OIL - Mr. Fife asked staff 1f the construction work on the the Mobil stat10n on Lampson Avenue was proceeding according to the plan previously approved? Mr. Curtis said the construction was approved in April 1989 and construction is proceeding precisely as approved. VARIANCE #1-90... - Mr. Fife asked staff for an update on the issue of mit1gating QU1mby fee requirements for small subdiv1sions. Mr. curtis replied the subdiv1sion of any residential property tr1ggers Quimby Act fees. He explained the C1ty Counc11's dec1sion to deny the Mola Corp. proposal for the Hellman Ranch, for reasons including seismic and liquefaction potent1al, led the Planning Comm1ssion, in June 1990, to table further discussion on subdivisions wi thin Old Town until such time as the issue of whether or not the City should be doing subd1 visions wi th1n its boundaries because of the seismic and 11quefaction potent1al 1n parts of Old Town could be rectified. Mr. Curtis thought approximately 30 lots (single lots being subdivided into two lots) within the City would be effected by Quimby fees. He noted there was one extreme Sl tuation where someone would have to buy eleven contiguous lots to subd1vide down to sixteen lots. Mr. Curtis said staff has contacted every city in Orange County and found that most cities don't have special provisions for small subdivisions. Generally the fees in other ci ties are between $1,000 to $4,000 per un1 t. The C1 ty of Seal Beach's fees at $75,000 per 25' lot are about twenty times higher than the second h1ghest city in Orange County. The d1fference in fees among cities could be due (1) to high land values in Seal Beach, (2) most cit1es have a fixed rate Wh1Ch is not based on land value and (3) some c1ties have outdated land values which they use as the1r basis. Staff is planning to bring this item back before the Commission at the September 5th meeting at which time it w111 present a survey of all cit1es. VOLLEYBAT.T. - Chairman Fife said he was negatively 1mpressed w1th the increased number of parking tickets issued during the volleyball tournament held in Seal Beach last week-end. It was ind1cated that 735 parking t1ckets were issued that week-end versus a normal week-end of about 300 parking tickets. He felt it was offensive to 1nvite people to the City of Seal Beach and then ticket them relentlessly. He noted no al ternati ve parking was planned, such as park1ng at Rockwell with shuttle busses. He said he felt relentless vehicle ticketing to raise revenue instead of ra1sing taxes was a poor idea. He sa1d he would like to see the City approach the problem differently or not have spec1al events. 1733 CRESTVIEW - PATIO ENCROACHMENT - Mr. curtis referenced the City Attorney's letter and said staff will try to contact the property owner this week. Neither the City Attorney nor staff has had a response from the property owner. . Page 5 - Planning Commission Minutes of August 15, 1990 Chairman Fife called a recess at 8:00. The Commission reconvened at 8:12 p.m. PUBLIC HEARINGS 2. CONDITIONAL USE PERMIT 19-90 TENTATIVE PARCEL MAP 90-217 1495 SEAL WAY staff Report Mr. Curt1s del i vered the staff report. The appl icant, John L. Werner, 1S requesting to convert a three un1 t apartment into condominiums at 1495 Seal Way. commission Comments Staff explained that Quimby fees would not apply to th1S condominium conversion because commercial construction is exempt under the Subdiv1sion Map Act. . Public Hearing Ron Waricker * 2595 Lyme Avenue * Lonq Beach Mr. Waricker said he was representing Dr. Werner at this hearing. He is from R. V. Pearsall, Inc., the engineers preparing the tentati ve parcel map. He indicated Dr. Werner could not be present at this meet1ng. Dr. Werner ind1cated to Mr. War1cker that he was d01ng the conversion at this time strictly to give himself more options and he doesn't intend to sell the units as soon as the conversion is complete. He plans to continue to rent. No pr1ces have been set therefore. The current tenants w111 continue to be there. There will be no construction, this is only a matter to changing the type of ownership. Mr. Curtis said at the time staff inspected this property Building Inspector Chuck Feenstra was unable to determine if the walls were one-hour fire rated for certain. He wanted to return for a re- inspection. They should have been a requirement at the time the structure was built. If they are one-hour fire rated there will be no construction. That could be done without tenant relocation. . commissioner Orsini stated that if Dr. Werner gets this approved and cont1nues renting that if the law change he will maintain his approvals. Staff confirmed. Commissioner Sharp asked about the tax base. Mr. curtis indicated he believed they would be re-valued. . Page 6 - Planning Commlssion Minutes of August 15, 1990 Chairman Fife asked Mr. Waricker lf the walls are not one-hour fire rated would he add additional drywall? Mr. Waricker said the applicant would comply with whatever the building codes require. This project was built in about 1973 by Jim Watson and the construction appears to be of quality. Mr. Waricker said the applicant had concerns with three of the condi tions, #11, #12 and #14. The Commission discussed these conditions with Mr. Waricker and among themselves with the following result: 11. Each dwelling unit shall be provided with separate utility meters and utility lines (water, gas, electric and telephone ). Add: Provided. however. that in the discretion of the Engineering Department water may be exempted from the separate metering re~irement and the responsibility for paYment of the costs thereof handled through the CC&R's. . 12 . Add: Except to the extent exempted by the Seal Beach Engineering Department, the applicant shall flood-proof all existing structures below the lowest floor of the building, or below elevation 12.00 feet. The applicant shall provide the City with proof that the structure has been certified to comply with local flood-proofing standards approved by the Federal Insurance Administration. 14. The applicant shall send a copy of the tentative map by certified mail together with a copy of section 66436 of the Subdivision Map Act to Los Angeles Trust and Savings Bank and Pacific Southwest Trust and Savings Bank which have prevlously acquired an easement per the title report (Add) or their successors in interest if any. The City of Seal Beach Engineering Department shall recei ve a Letter of No Objection for recording this parcel map prior to approval by the City Council. (Add) from any presently operating utility co~pany which is a successor in interest of either of the above-named easement holders. Re condition #14, Chairman Fife said that he assumed Mr. Waricker would report to the City of Seal Beach what he discovered and who he sent it to and the City will require a Letter of No Objectlon from such persons. Conversely, if no such persons can be ldentified, then the Letter of No Objection is not required. . Commissioner orsini indicated, re the tenant relocation plan, that if the appllcant is not planning on doing anythlng now then this would not become effective. He asked how this could be kept current? After review of the Tenant Relocation Plan, Chairman . . . Page 7 - Planning commission Minutes of August 15, 1990 Fife suggested the following changes be made to Exhibit D, the Tenant Relocation Plan for 1495 Seal Way, Seal Beach: The three tenants of unit A and the three tenants of unit C will receive two months rent per unit to be divided equally by those eligible. No tenant shall receive more than one- th1rd of $3,200 (rent is $1,600 per month per unit at th1S time) . The three tenants of unit A and the three tenants of Unit C will receive two months rent per unit to be divided equally by those eligible. No tenant shall receive more than one- third of the allowance. The two tenants of Unit B, which is also occupied by the owner, will receive equal shares of $1,800 - no more than half of the $1,800 per person - to those eligible. (Rent 1S $990 per month at this time). The two tenants of Unit B. which is also occupied by the owner, will receive a relocation allowance of two months rent. A dollar discount may be offered to tenants des1ring to buy their unit at the time the units are offered for sale. A dollar discount of at least 6% of the pro90sed selling price shall be offered to tenants desiring to buy their unit at the time the units are offered for sale. Public Hearing Charles Antos * 328 17th Street * Seal Beach Mr. Antos said the Planning commission should establish a policy that in a building built with a master meter that separate water meters and lines should not be a condition because 1t's burdensome to the tenants. Water lines are considered as part of the commonly owned area. It could be required in new construction. The Public Hearing was closed as no one wished for speak for or against this matter any further. commission Comments Commissioner Dahlman, referring to condition #11, suggested removing any mention of "water". Chairman Fife said it had to be covered and it was decided to be provided for in the CC&R's. Mr. Fife said it should also be expanded to add the matter of the cost of water service and maintenance shall be covered in the CC&R's. . . . Page 8 - Planning Commission Minutes of August 15, 1990 MOTION by Dahlman; SECOND by Sharp to approve Conditional Use Permit 9-90/Tentative Parcel Map 90-217 subject to the amendments discussed by the Planning commission. MOTION CARRIED: 5 - 0 AYES: orsini, McCurdy, Sharp, Fife, Dahlman ORAL COMMUNICATIONS There were no oral communications from the publlC. commissioner Dahlman advised that he will be unable to be present at the September 5, 1990 meeting. ADJOURNMENT Chairman Fife adjourned the meeting at 9:00 a.m. Respectfully Submitted, . ,\0 a--.. ~..o t , ~ c..-"......~ Joan Flllmann Executive Secretary Department of Development Services *** These Minutes are tentative and subject to the approval of the Planning commission. *** The Planning commission Minutes of August l~, 1990 were approved by the Planning Commission on ~~~ $- 1990. *