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HomeMy WebLinkAboutPC Min 1990-09-05 . . . CITY OF SEAL BEACH PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 5, 1990 The regularly scheduled meeting of the Planning Commlssion of the City of Seal Beach was called to order on September 5, 1990 at 7:30 p.m. in Clty Council Chambers by Chairman Fife. PLEDGE OF ALLEGIANCE The Pledge of Alleglance was led by Commissioner OrSlnl. ROLL CALL Present: Chalrman Fife Commissioners Orslni, Sharp, McCurdy Absent: commissioner Dahlman Also Present: Lee Whittenberg, Dlrector, Development Srvcs. Dept. Barry Curtls, Admin. Asst., Development Srvcs. Dept. Mlchael Cho, Admin. Intern, Development Srvcs. Dept. CONSENT CALENDAR 1. MINUTES OF AUGUST I, 1990 MOTION by Sharp; SECOND by McCUrdy to approve the Planning Commission Minutes of August I, 1990 as presented. MOTION CARRIED: 4 - 0 - 1 AYES: Fife, Orsini, Sharp, McCurdy ABSENT: Dahlman *** 2. MINUTES OF AUGUST 15, 1990 Chalrman Fife made the followlng changes to the Minutes: Page 2, Line 42 - After "conformlng due" add "to both". Page 4, Line 5 - After "the" add "plans previously". MOTION by Orsini; SECOND by Sharp to approve the Planning Commission Minutes of August 15, 1990 with the two corrections noted above. MOTION CARRIED: 4 - 0 - 1 AYES: Orsini, Fife, Sharp, McCurdy ABSENT: Dahlman *** Page 2 - Planning Commission M1nutes of September 5, 1990 . 3. PLAN REVIEW #10-90 15 COTTONWOOD LANE Staff Report Michael Cho delivered the staff report. The applicant, Greg Albright, proposes a Minor Plan Review and a Minor Height variation to convert the trailer and add a two-story cabana. A M1nor He1ght Var1ation was applied for to permit a non-habitable architectural proJection and chimney in excess of the allowed height. Mr. Cho said the municipal Code allows an add1tional 7 feet beyond the 25 foot he1ght limitation; the appl1cant could have bU11t to 32 feet. The existing tra11er contains 380 square feet and Mr. Albr1ght proposed to add 1610 square feet. Mr. Cho noted a problem with windows which were 1ncluded above the 20 foot limit. Mr. Cho stated the windows would have to be removed from the plans or lowered below the 20 foot he1ght lim1t. Commiss10n Comments Commissioner McCurdy asked what was below the curved roof on the west elevation? Mr. Cho said he thought it was a vaulted ceiling. . Cha1rman F1fe asked staff about the north elevat10n showing a round dormer window which appears to exceed the 20 foot height limit. Mr. Cho said the east and west elevat10n w1ndows must be entirely removed and the dormer windows must be lowered so the tops don't exceed 20 feet 1n he1ght. . Commiss10ner Orsini asked staff about the parking situat10n at the Seal Beach Trailer Park. Mr. curtis replied the trailer park parking is in a central parking area located around the clubhouse. When the trailer park was developed there was adequate parking for the number of units. Mr. Orsini sa1d he has talked to the Fire Department and they complain to the Police Department constantly because when they go 1nto the trailer park with a f1re truck they cannot get through the streets. Mr. Wh1ttenberg asked if the fire trucks cannot get through because of parking along the street? If so, that's an enforcement issue of the F1re Department. If the streets are marked as f1re lanes, the Fire Department has the right to 1ssue citations. Commissioner Orsini stressed that the City continues to increase the density in the Seal Beach Trailer Park and some tra11ers appear to be houses rather than tra1lers and he quest10ned where this 1S going to stop? Mr. Whittenberg sa1d under the current provis10ns of the Code, trailer owners are allowed to make very maJor modif1cat10ns to their trailers. Recent d1Scussions staff has had with the State Department of Hous1ng and Commun1ty Development indicates that if trailer owners retain a port10n of the floor of the trailer and build around that 1t 1S st111 cons1dered a mob11e home. The wheels need to remain on the floor area and cannot be buried. Mr. Orsini ind1cated the trailer owners are making these three and four bedroom homes and they still fall under Department of Motor Vehicle (DMV) fees and do not pay any property taxes. . . . Page 3 - Planning CommlSSlon Minutes of September 5, 1990 Mr. Orsinl asked Mr. low lncome housing. but not all, of the moderate lncome. Whittenberg if the Seal Beach Traller Park was Mr. Whittenberg indicated a certaln number, units in the park are restricted for low and Chalrman Fife asked staff what portlon of the extra DMV (In lieu taxes) levied as a function of the value of the lmprovements to the trailer flnd their way to the City of Seal Beach in comparison to property taxes? Mr. Whlttenberg sald he had no idea and would have to research that. Mr. Orslni said he had researched that questlon and there are no monies corning back to the City from DMV - the Clty loses the taxes. DMV fees stay in Sacramento. Commissloner orsini said he went through the Seal Beach Trailer Park and there lS a traller for sale for $250,000. Commlssioner Sharp sald as he read this appllcation he didn't see any seismic or earthquake studies - any of the thlngs that could be problems in Seal Beach. A development on Hellman Ranch has been denied because of these problems. ThlS application is essentlally a three bedroom house belng built on "about as dangerous land as we could flnd anyplace in Seal Beach." Chairman Fife said he shared Commissioner Sharp's concern in view of the City Council's findlngs on those lssues wlth respect to the Mola Development Co. proJect site. The Seal Beach Trailer Park is approximately a couple of hundred yards away from the Hellman property which has been labeled unsuitable for houslng development because of seismicjllquefaction concerns. It's all part of the San Gabriel rlverbed alluvlal plaln. Mr. Flfe indlcated that untll the City Council gl ves the Planning Commission some further direction, either limiting those flndlngs to the Mola Co. property site or otherwise creating some basis for the Planning Commission to avoid dealing with those findlngs with respect to other buildable sltes in Seal Beach, the Commlssion would have the same obligation to deny what is essentially houslng development on thlS site unless the Commission has seismic or liquefaction informatlon to suggest those dangers have been adequately mitlgated. Mr. Whittenberg responded the current situatlon for small in-fill developments occurring in the communlty requlres a soils report as part of the building permit process. If, based on the soils reports additional studies are deemed necessary by the englneer who prepared the soils report, then those studies are undertaken. The existing buildlng code requirements deal with seismic issues for construction and there are set standards which need to be met for all construction - residentlal, lndustrlal and commerclal. Mr. Whi ttenberg indlcated the POllCY of the City has been not to prohibit new construction from occurring based on those issues. commissioner Sharp asked Mr. Whlttenberg who made this policy? Mr. Whittenberg explained the Clty Council has "not dlrected staff to cease issuing buildlng permits for new residential constructlon in the communl ty based on seismlc concerns". Mr. Sharp indlcated that even though the Planning . . . Page 4 - Planning CommlSSlon Mlnutes of September 5, 1990 Commission has let the Clty Councll know of its concerns and asked for dlrection, the City Council has not given the Commission any direction. Mr. Whl ttenberg said the Cl ty Council is still reviewlng that area of concern. Council has asked staff to track down additional lnformation from the Cltles of Sacramento and San Diego ... particularly regardlng llquefaction studies. Once the information is obtalned staff wlll report back to Council. Mr. Sharp said" . . . I have my questlons on what our llability would be if, where Mola was turned down on some of the things we don't have on this (appllcation), and we turn around and grant this (application) and it's built. six months later we have an earthquake and that thing goes down and somebody's killed --- we have absolutely ignored the fact that they wouldn't put up (houses) on the same type land for reasons we don't know eXlst here but we think they do. We have some llability and I don't like it. I think we have to have clear dlrections from the City Councll ... before I feel we can grant any kind of major construction, even though lt's only one house or a cabana ... and that's Just the way I feel". Mr. Whlttenberg sald wlthout Councll dlrectlon not to lssue permits, if a person submits plans meeting all Clty requirements which do not need to corne before the Planning Commission for review, that that permit would be issued. Mr. Whittenberg said a sOlIs report has not been done at 15 Cottonwood but 1 t would be required as part of the plan check process through buildlng permit lssuance. Mr. Flfe asked to what degree of detail a soils report would go - test borings, water content? Mr. Whittenberg sald the sOlIs engineers would normally do 4 or 5 test borlngs on the site to determine soil condltion. At that point, lf it appears there is instability or a llquefactlon problem then it would be dealt with at that time. The Clty has been requlrlng sOlIs reports on new single family homes for 9 to 10 months. The borings are approxlmately 20 to 25 feet and deeper lf the sOlI lS not consolidated. Mr. Fife asked if the City requlres examination of the peak accelerations as a function of a given energy release earthquake on a certain fault locatlon? Mr. Whi ttenberg said the Cl ty doesn't require an assumed level of ground acceleration. There are some requirements through the building code provisions that are used generally throughout the Southern Callfornia area. The Cl ty has not decided to require something over and above what the standard building permit requirements. Mr. Flfe indlcated he understood the City Councll's findings with respect to the Mola project that, among other reasons, it was a determlnatlon that as a matter of blanket POllCY the entire project site was not sUltable for development of housing for, among other reasons, seismlc and liquefaction concerns. Am I incorrect? Was there a findlng of lot by lot? Mr. Whlttenberg sald Mr. Flfe . . . Page 5 - Planning Commission Minutes of September 5, 1990 was not incorrect, 1t was a total project determination. Mr. Fife sa1d he shares Mr. Sharp's view on this p01nt and is not comfortable W1 th approving what is really a house construction under the present circumstances w1thout e1ther further d1rection from the City Counc11 as to what our "march1ng orders" are w1th respect to these two issues or spec1fic information about the suitab1lity of this specif1c slte for this kind of development. commissioner McCurdy noted this is the only trailer park 1n the State of Californ1a that allows two story tra1lers. He called for a complete new set of zon1ng rules for th1S tra1ler park. He read from the zoning codes regard1ng the trailer park and noted many exceptions. He indicated 1t should be either a tra1ler park or h1gh dens1ty hous1ng which would bring tax money into the city. Chairman F1fe ind1cated he has received some object1ons on this proJect and asked the Commiss1on if they would agree to a Public Hearing on this item. MOTION by Sharp; SECOND by McCUrdy to open Minor Plan Review #10-90 to a Public Hearlng with limited time for consideration. MOTION CARRIED: 4 - 0 - 1 AYES: Orsini, Sharp, McCUrdy, Fife ABSENT: Dahlman Public Hearing Rick Schm1dt * 14 Georgetown. Irv1ne (Name of architectural company not glven). Mr. Schm1dt stated he was the designer and was represent1ng the owner, Greg Albright. Mr. Schmidt said he was confused as to what the Comm1SS1on wanted and asked the Commission for their opin1ons. Chairman F1fe sa1d his pos1tion 1S "that I am not inclined to vote for a development for resident1al purposes of properties that 11e wi th1n zones that were previously mapped as high liquefaction danger zones by the Californ1a Division of M1nes & Geology unt11 such time as the City Council clarifies 1n relationship to the dec1s1on made on the Mola property proJect what we're to do on these sUbjects". Commiss1on Ors1ni said his pOS1 t10n is that "1 t' s a mobile home park and 1 t should stay W1 thin that. Which means 1 t could be pulled out at any time. These are becom1ng houses. If they are gOlng to be houses they might as well pay property taxes." . . . Page 6 - Plannlng Commission Mlnutes of September 5, 1990 Commissioner Sharp said his feeling was that "until the city Council glves us (Planning commisslon) some deflnlte directlons ... they are the ones who turned down the building because of the land problems and earthquake problems ... we have asked for directlons and I feel because of the llablllty that I feel... there is a lawsult against not only the Clty but three of the Council people, because of thlS ... I read in the paper that the City lsn't going to be the one who picks up the bill to defend the Council people and I'm slttlng up here ln a posltion where I don't want to get ln that position and I'm not going to because I'm not going to vote for any building untll I have clear directlons and the attorney sitting here (Mr. Flfe) can say that I'm not going to be liable. When he can tell me that then I'm gOlng to vote for It''. Commlssioner McCurdy said he had no objection to this plan's design. He said he felt "the park needs an entirely new set of zoning rules to comply wlth what we want to wlnd up with ten years from now after everybody builds and get variances. The Cl ty should get some taxes out of it". Chairman Flfe agreed, saying that lt was unsettling to him to thlnk that flve years hence there could be $20,000,000 worth of property in the traller park that's paYlng a grand total of $1,000 DMV fees and nothing to the Clty. They would be getting Flre and Police protection. Mr. Schmidt stated he wanted to represent his client to the best of his abllity and wanted to abide with the glazlng requirements. The said he would get an englneering analysis with semi working drawings lf the Commisslon wanted. Mr. Schmldt asked for an extended date to answer the Commlssion's concerns. Commissloner OrSlnl said a slngle wide trailer with an extenslon in the Seal Beach Traller Park is now selling for $135,000. In most parks that would be worth $50,000 to $60,000. Talking to a realtor in the park, Mr. Orsinl was told he could build a person a two-story house. MOTION by Sharp; SECOND by orsini to table Minor Plan Review #10- 90 until the January 2, 1991 Planning Commission meeting. MOTION CARRIED: 4 - 0 - 1 AYES: orsini, Sharp, McCurdy, Fife ABSENT: Dahlman *** Mr. Whlttenberg said he would meet (before January 2, 1991) with Mr. Schmidt to discuss Mr. Schmldt's questions on condition #2. The Commission asked staff to prepare a historical report on the Seal Beach Trailer Park and how it has evolved to its present state. This should include the future of the park, addressing such lssues as all two-story cabanas? Are there alternative means Page . . . 7 - Plann1ng Commission Minutes of September 5, 1990 (example: annual fee structure) someth1ng approx1mat1ng the City's share of property taxes. Staff is to research existing contracts between the Redevelopment Agency and the owners of the park. These have 1mpacts on the financial 1mpacts. *** 4. PLAN REVIEW #11-90 231 EIGHTH STREET Staff Report M1chael Cho delivered the staff report. Th1S is a request by Larry Holtzen to remove the eX1sting pat10 and add a staircase, a second story deck between buildings and additional 240 square feet of interior floor space. The 240 square feet is inside the new staircase and 1S for storage. Staff recommended approval subject to four cond1t1ons. Comm1ss1on Comments Comm1SS1oner McCurdy noted they are taking out the patio, putting 1n sta1rs, a storage room and a deck in its place. No bedrooms are be1ng added. Mr. Fife sa1d his concerns on the seism1c and liquefaction matters were not expressed here because there were no structural modifications and no addition of space to be occupied by anything other than storage. MOTION by Sharp; SECOND by McCurdy to approve Minor Plan Review #11-90 subject to the four condit1ons set forth in the staff report. MOTION CARRIED: 4 - 0 - 1 AYES: Orsini, Sharp, McCUrdy, Fife ABSENT: Dahlman *** SCHEDULED MATTERS There were no scheduled matters. PUBLIC HEARINGS 5. CONDITIONAL USE PERMIT #11-90 * Resolution #1591 1190 & 1198 PACIFIC COAST HIGHWAY * ZOETER PLACE Staff Report Mr. Curt1s delivered the staff report. This is a request by San Pedro Slgn Company to amend the planned sign program for Zoeter Place. The appl1cant proposed an amendment to accommodate the un1que requirements of Russell's restaurant. Russell's, at Suite . . . Page 8 - Plannlng Commission Minutes of September 5, 1990 B1, is allowed five signs totalling 163 square feet. This proposal requests the increase of the number of slgns from 5 to 7 signs but a decrease the square footage of those 7 signs from 163 square feet to 78 square feet. The appllcant wants to replace two of the awning signs with channel letter signs. Staff recommended approval of CUP #11-90 wlth three condltions through the adoption of Resolution #1591. Commlssion Comments Mr. Fife clarified that if Resolution #1591 were approved it would pertain only to Suite B1. Public Hearing The PubllC Hearing was opened by Chairman Flfe. No one wished to speak for or against this application and the Public Hearing was closed. MOTION by Sharp; SECOND by McCUrdy to approve Conditional Use Permi t 11-90, with the three conditions set forth in the staff report, by the adoption of Resolution #1591. MOTION CARRIED: 4 - 0 - 1 AYES: orsini, Sharp, McCurdy, Fife ABSENT: Dahlman *** 6. SUBDIVISION ORDINANCE TEXT AMENDMENT 1-90 RESOLUTION #1594 Staff Report Mr. Whittenberg delivered the staff report. The applicant, the Clty of Seal Beach, requested an amendment to the Subdivision Ordlnance definltion of vesting Tentative Map to allow all requests for subdivisions to be for a vesting map, if desired by the appllcant. The deflni tion of a "Vesting Tentative Tract Map" would be changed by deletlng the reference to "residential" subdivisions. That would allow applications for all subdivislons to be for a vesting map. This change was recommended by the City Attorney's Offlce. Commlssion Comments Commissioner McCurdy asked how an applicant would subml t for commerclal construction? Mr. Whittenberg indlcated it was subml tted under a regular Tentatl ve Tract Map which was not classified as a Vesting Tentative Tract Map. The major advantage a potential developer would gain is that once a vesting map has been approved the City cannot change the conditions of approval prlor to recordlng the flnal map. This can be done on a regular tract map. . . . Page 9 - Planning Commission Minutes of September 5, 1990 PubllC Hearlng The PubllC Hearlng was opened. No one in the audience wlshed to speak for or against this item and the Public Hearing was closed. MOTION by Sharp; SECOND by Orsini to approve Subdivision Ordinance Text Amendment 1-90 through the adoptlon of Resolution #1594. MOTION CARRIED: 4 - 0 - 1 AYES: Orsinl, Fife, Sharp, McCUrdy ABSENT: Dahlman *** 7. ZONE TEXT AMENDMENT 5-90 * RESOLUTION #1593 Staff Report Barry curtis delivered the staff report. ThlS proposed Zoning Text Amendment would allow additlons greater than 10% to non-conforming structures WhlCh are nonconforming solely due to density and tandem parklng. ThlS amends section 28-2407 of the Code. commission Comments Mr. Sharp asked about the addition of bedrooms. Mr. curtis stated that Sectlon 1, 4(c) states "the number of bedrooms may not be lncreased". Mr. Fife said, lf passed, each case would corne before the Commission via a condltional use permit. Mr. curtis noted the City is locked lnto the number of units with tandem parklng since the Cl ty doesn't allow any more tandem parklng. This would be 4 or 6 units all ln Old Town. PubllC Hearing Opened Ed Wllcorek * 208 4th Street, Seal Beach Mr. Wilcorek stated he was not an applicant but hlS home is one of the four or six units. He would like to add 528 square feet to a front unit of 980 square feet. He has a back unlt of 1,100 square feet. He has four car tandem parklng but realistically lt winds up with the tenants parking on the street. H1S lot is 30' x 117.5'. Mlke Neube * 412 Central Avenue. Seal Beach Spoke ln favor of thlS Zone Text Amendment to help homeowners. The PubllC Hearlng was closed hearlng nothlng in opposltion. . . . Page 10 - Plann1ng Commission M1nutes of September 5, 1990 MOTION by Sharp; SECOND by McCurdy to approve Zone Text Amendment 5-90 through the adoption of Resolution #1593. MOTION CARRIED: 3 AYES: Fife, Sharp, NOE: ABSENT: - 1 - 1 Mccurdy Orsini Dahlman *** CUP 10-90 * 1120 CENTRAL - MOTION by Sharp; SECOND by McCurdy to continue CUP 10-90 to the Planning Commission meeting of September 19, 1990. MOTION CARRIED: 4 - 0 - 1 AYES: orsini, Fife, Sharp, McCurdy ABSENT: Dahlman *** ORAL COMMUNICATIONS Bruce Stark * Seal Beach Mr. Stark spoke on two matters: (1) Seal Beach Tra1ler Park and (2) Seal Beach Boulevard (between Electric and PCH on the west slde). He sa1d the tra1ler park concept involves e1ther renting a space or hav1ng a leasehold interest in a space; he wondered why there is a heavy financial investment 1n the park. Mr. Stark sa1d he investigated the trailer park re low 1ncome and was told "don't worry about that, all you have to do is sign a form and file 1t 1n the office and nobody ever looks at it anyway". He noted there's no central park1ng area. Secondly, he suggested staff look into what's gOlng to be done on Seal Beach Boulevard Wh1Ch is presently zoned commercial. He indicated there's nothing can be done to "bring it into a commercial type structure". When he asks City staff what 1S gOlng to be done he's told "It's in a state of flux, we don't know what we're going to do with it". He noted his building and the ones next to it are apartments and they would be ideal to convert to single offices for real estate, insurance, accounting etc. Staff apparently has no direction from anybody as to what can be approved or what can be done. Staff says there's not enough parking although he felt park1ng is not a problem on Seal Beach Boulevard. He stated he would 11ke the Planning Commiss1on to direct staff to hold Public Hear1ngs to corne up w1th a plan as to what the property owners can do w1th their property to bring 1t 1nto a commercial type venture that 1t'S zoned for. . . . Page 11 - Plannlng Commisslon Minutes of September 5, 1990 STAFF CONCERNS Mr. Whlttenberg said the only staff concerns were contalned in the agenda packet. Expense reimbursement for Plannlng Commisslon from $30 to $60 per meetlng: the Council has had the lntroduction of that ordinance and the second readlng lS scheduled for September 10, 1990. Status report on a number of items. Summary document lS included ln this agenda. Chalrman Flfe asked staff lf Mobll oil has been advised that the mlnl-mart on Seal Beach Boulevard might be phased out? Mr. Whlttenberg sald Mobll 011 has not be advised because staff lS still seeing if amortization procedures are a possibill ty to consider. Mr. Fife asked that lf the mini-mart cannot be amortlzed or phased out could the Clty develop a mlnl-mart ordlnance which would allow mini-marts wlthln certaln areas of the City (example: on and north of westminster Blvd.) but not allow them in the Old Town area. Mr. Whittenberg said there are a number of optlons the City could consider. ABC will not issue a license until they have recelved the City's CUP approval; that's an eXlstlng provision of State law. COMMISSION CONCERNS Commlssloner Sharp noted the 75th Anniversary of the Clty lS gOlng on and there will be a parade and he wondered if the Planning commission wanted to rlde ln the parade. The parade will be October 27th and the masquerade party wlll be October 26th. Mr. Flfe indicated the Commission should think about this issue and perhaps dlSCUSS it at the next meetlng. commissioner McCurdy, referenclng the Irvine Liquor Store at Flfth and Marina, asked lf it had complied with municipal Codes? Mr. curtis said the liquor signs are down and it complies. Mr. Orslni said the photocopy slgn must be removed. Chairman Flfe sald he has been gettlng a number of reports about the Super Saver Clnema. One report is that toughs are gathering around the theatre. Another is that blcycles are being stolen. His own and neighborhood children told him of kids that are being chased. He lndicated that Dottle PhilllpS or the Police Department's presence at the October 3rd meeting would be a good idea. . . . Page 12 - Planning Commisslon Mlnutes of September 5, 1990 ADJOURNMENT Chalrman Flfe adJourned the meeting at 9:00 p.m. Respectfully Submltted, . ~~~~ J an Flllmann Executlve Secretary Planning Department *** These Minutes are tentatlve and are subJect to the approval of the Plannlng Commlssion. *** The Plannlng CommlSSlon Mlnutes of August 1 and August 15, 1990 were approved on September 5, 1990. *