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Home My WebLink AboutPC Min 1991-01-02 '. '.~ Y" . - CITY OF SEAL BEACH PLANNING COMMISSION AGENDA * JANUARY 2, 1991 I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. SCHEDULED MATTERS IV. CONSENT CALENDAR 1. MINUTES OF DECEMBER 5, 1990 V. PUBLIC HEARINGS 2. ARCHITECTURAL REVIEW #10-90 ADDRESS: 15 Cottonwood APPLICANT: Greg Albright REQUEST: Two-story cabana. 3. ARCHITECTURAL REVIEW #16-90 ADDRESS: 133 Cottonwood APPLICANT: Richard Fischbacha REQUEST: Two-story cabana. VI. ORAL COMMUNICATIONS - At this time members of the public may address the Planning Commission regarding any item within the subject matter of the Commission provided that no action may be taken on off-agenda items unless author1zed by law. VII. STAFF CONCERNS VIII. COMMISSION CONCERNS IXa ADJOtJRMMENT . . .. CITY OF SEAL BEACH PLANNING COMMISSION MEETING MINUTES OF JANUARY 2, 1991 The regularly scheduled Plann1ng Commission meeting of January 2, 1991 was called to order at 7:30 p.m. in City Council Chambers by Vice Cha1rman McCurdy. I. PLEDGE OF ALLEGIANCE The Pledge of Alleg1ance was led by Comm1ssioner Orsini. II. ROLL CALL Present: Commiss1oners Sharp, McCurdy, Dahlman, Orsini Absent: Cha1rman F1fe Vice Cha1rman McCurdy asked that Chairman Fife's absence be noted as an excused absence. Staff Present: Lee Whittenberg, Director, Dev. Srvcs. Dept. Barry Curtis, Admin. Asst., Dev. Srvcs.Dept. III. SCHEDULED MATTERS IV. CONSENT CALENDAR 1. MINUTES OF DECEMBER 5, 1990 MOTION by Sharp; SECOND by Dahlman to approve the Planning Commission Minutes of December 5, 1990 as presented. MOTION CARRIED: 4 - 0 - 1 AYES: McCurdy, Sharp, Dahlman, Orsini ABSENT: Fife V. PUBLIC HEARINGS 2. ARCHITECTURAL REVIEW #10-90 15 Cottonwood Lane, Seal Beach Staff Report Mr. Curtis del1vered the staff report on Minor Plan Review/Architectural Review #10-90. [The staff report is on file in the Department of Development Services]. The applicant, . . . Page 2 - Plannlng CommlSSlon Minutes of January 2, 1991 Greg Albright, submitted two applications --- July and November 1990. Inltially he requested a helght varlance to permit a non- habitable architectural projection and chimney in excess of the allowed height limit in connectlon wlth the constructlon of a two- story cabana but in November the appllcant deleted his request for a height varlance and submltted a revised appllcation for architectural review. The Planning Commission tabled this request in September 1990 due to questions the Commission had on soil condltlons in the Trailer Park. The proposed cabana adds 1610 square feet to an existing 380 square foot trailer. The revised plans cut the height limlt to 25' feet and lowered the windows under 20'. It has no roof decks or balcony above the second floor. Staff recommended approval of Minor Plan Review #10-90 subJect to six conditlons. Commlssion Comments Map of Seal Beach Trailer Park Commissloner Orsini asked Mr. curtis if staff had a map of the Seal Beach Trailer Park showing the lot lines and sizes of the lots? Mr. Curtls said "Originally when the Traller Park was relocated in 1979 there was a survey done in the Park as to how it was to be lald out. However, the trailers were never situated in a manner consistent with those lot lines. So, no, there is no survey of the Traller Park". Commlssloner Orsinl said that lf there were no lot lines, how were setbacks et cetera determlned? Mr. Whittenberg said "The requirements on trailer parks, as far as dlstances between structures, relate to that exactly. There are required setbacks from building to buildlng, depending on whether lt's a trailer to a cabana, whether it's the side of a trailer to the side of a cabana, the rear of a traller to the rear of a traller --- because in most cases you don't have a property line ln a moblle home park. You have leased lines of an alr space area. So to determine the distance requirements between structures in accordance with the Code we measure from buildlng to bUllding and not from a lot line because those really, for trailer parks, have no meaning ... the State of Californla when they reVlew the plans and when we (City) reVlew the plans we ensure we have the proper dlstance from cabana to a traller or a cabana to a cabana. Those dimensions change based on the si tuatlon that arlses. What we look at is the distance between structures and not from a property line ... in many cases they can relocate trailer or turn it to where you have a cabana next to a cabana WhlCh results in a less distance between the structures as opposed to a trailer to a trailer. So when someone's wanting to do an addition, ln many cases they wlll reconflgure trailers around that unlt to get it to meet the State requirements". Page 3 - Planning Commission Minutes of January 2, 1991 . No Notice/Two-story Cabanas Every Other Lot Commlssioner Dahlman noted that when one trailer owner builds a second-story cabana that prohibits/deprives his neighborlng trailers from building two-story cabanas because two-story cabanas must be twenty-feet apart. That's a requirement of the City's Code WhlCh was recommended by the Orange County Flre Department. Commissioner Dahlman asked staff what the notification requirement on an Architectural Review is? Mr. Whittenberg advised that there is no noticing requirement on an Architectural ReVlew and therefore the neighbors are not notified. The Commission is reviewing the architectural appearance of the structure. Lack of Property Lines/Seal Beach Trailer Park Commissioner Orsini, referencing the lack of property lines in the Seal Beach Trailer Park, read part of a letter from the Housing and Community Development dated November 7, 1978 from the Division of Codes and Standards to William T. Dawson of Dawson Development Company: Property line setbacks for both mobilehomes and cabanas are as follows: . 3 foot to side property line. 3 foot to rear property line. No distance specified for front property line but above separations would still apply. commissioner orsini sald if the Trailer Park lots are not surveyed then how does the City know where the property line is? Mr. Whl ttenberg said "Those are from the exterlor boundarles of the mobile park to an ad]Olning piece of property. In this case it would be a distance from the exterior boundary of the Traller Park to the Rlverbeach condominiums. They would have to have a three foot distance in that area. It does not pertain to the interlor dlmensions of the Park itself". . Clty'S Authority in Seal Beach Trailer Park Commissioner Sharp asked staff if the Seal Beach Trailer Park has architectural limitations pertaining to color? Mr. Curtis sald the Trailer Park does not have architectural limitatlons for colors; the City imposes color restrictlons and recommends the tones are to be muted earth tones, muted blues or pastel colors. Mr. Curtis indicated that Mr. Dawson, owner of the Seal Beach Traller Park, reviews each application prior to Commlssion review. Mr.Curtls added that the City imposes limited criteria on the trailers such as one-hour fire rated siding and colors. Chairman Sharp said he talked to Mr. Dawson about this application and was surprlsed that Mr. Dawson told him he didn't know this applicant was asking for a height variance and was not in favor of It. Commissioner Sharp asked Mr. Curtls "How much of thls do they (Seal Page 4 - Planning Commission Minutes of January 2, 1991 . Beach Trailer Park) actually do or do they just have the r1ght to do it and don't do it?" Mr. curtis said he couldn't answer for the Tra1ler Park. But regarding height variations, they are noticed and are sent out to a 300 foot radius of the property in quest1on. Public Hearing Opened Rick Schmitt - 4199 Campus Drive. Irvine. CA Mr. Schmitt sa1d he was representing his client who could not be present at this meeting. EX1st1ng Trailer to Remain? Commissioner Orsini asked Mr. Schmitt how much of the existing trailer was being removed? Mr. Schmitt sa1d he didn't have the plans in front of him but the previous owner had r1pped out the walls of the trailer. The existing mobile home 1S incomplete on one side; the wall has already been ripped down. Mr. Schmitt said they are going to tear it down and build a new wall there --- three walls will rema1n. The kitchen inter10r will be changed by adding new tops and f1nishes plus an island but the plumbing will not be changed. The trailer as it is now will remain intact. . Original Trailer Not to Show Comm1SS1oner OrS1n1 said in look1ng at the Arch1tectural Review he did not see anyth1ng that looks like the original tra1ler. Mr. Schmitt said exterior walls w111 be built all around the existing trailer and the orig1nal tra1ler will be kept between the walls on one side and will not show anywhere. Height Lim1t on Tra1lers Comm1SS1oner Dahlman asked Mr. Whittenberg how the height in the Seal Beach Trailer Park is measured? Mr. Whittenberg said it's measured from grade level. Mr. Curtis said "In any house people can artificially change the grade. And technically our Code says you measure from the average height of the grade covered by the structure. In this instance, it's really not that advantageous to ga1n an extra six inches or a foot and the ground would have to be compacted on top of that ...". It was noted this had been done in Surfs ide and that this 1S diff1cult because the natural grade is hard to ascertain on sand (A row). Houses 1n Surfside are not built on compacted sand but on foundations put on pilings. . Comm1ssioner Dahlman sa1d he would like to see a condition regarding the height limit as his approval would be based on the height be1ng a true 25 feet. Mr. Curtis said the 25 foot height lim1 t could be made to be from street grade via a zoning text amendment. Mr. Whittenberg said he would prefer the condition be worded to indicate the existing grade of the lot area shall not be modified. . . . Page 5 - Planning Commission M1nutes of January 2, 1991 Mr. Schmitt's Authority from Applicant Commiss10ner Dahlman asked Mr. Schmitt 1f the owner authorized Mr. Schm1tt to make commitments for him? Mr. Schm1tt said he expected a C1ty Building Inspector would come out and inspect the project so he would be following the rules. Kitchen in Tra1ler Mr. Whittenberg said the plans show the kitchen remaining in the existing confines of the mobile home 1n accordance with State law provisions. The Building Inspectors will verify the building 1S proceed1ng in accordance with the approved plans. Mr. Schmitt felt the Commission's concern with the kitchen stemmed from his extension of the rooms --- it looks likes its going thru the k1tchen but its not. Commissioner Dahlman noted the kitchen will be the width of the structure but the appliances will remain 1n the area that is the original trailer's kitchen. Mr. Schmitt said the the wall that now separates the kitchen from the bedroom will be torn out. Additional Square Footage Obtained Commissioner Orsini asked how the additional square footage was being obta1ned? Mr. Schmitt said the existing mobile home floor would remain and it would be under the new floor. Commissioner orsini said "Then actually, nothing of the original mobile home will be showing". Mr. Schmitt said "Well, there will be a covering top over ..." so you could open it up and see there was something there originally. Galen Ambrose * Seal Beach - said he was not speaking in opposition but about the elevation plans. He noted the plan said the height elevation on one drawing is 27 feet and on another drawing is 28 feet on another drawing. Commissioner orsini said the new plans now set the height limit at 25 feet. with no one wishing to speak further the Public Hearing was closed. commission Comments Trailer Park or Hous1ng Tract? Commissioner orsini said "What I basically see going on is that they're tak1ng a mob1le home, leaving a floor and building a house around it ... and the only control we have is an Architectural Review. So the only way I can see stopping this is making the eX1sting mob1le home be part of the outside wall so they will have to leave the mobile home showing ... th1s way it leaves it as a mobile home park and not a housing unit". . . . Page 6 - Planning Comm1ssion M1nutes of January 2, 1991 state Regulat10ns v. C1ty Codes Comm1ssioner Sharp asked Mr. Curt1s 1f it was a City or State regulation that mandated what part of the mobile home has to be left? Mr. curtis said state regulations say mobile homes cannot be altered without approval from the State Department of Housing and Community Development. The State is regulating what part of the tra1ler stays and what doesn't. In this instance the State, at some prior time, gave approvals for the wall to be removed. Unless the State approves removal, the C1ty requires the existing trailer rema1n 1ntact and not be cut in any way. But the trailer could be completely encased in a cocoon which would not be seen unless 1nspected by a Building Inspector. commissioner Orsini asked Mr. Curtis "Do we have the right, under Architectural Rev1ew, to ask for part of the trailer to show?" Mr. curtis said he attempted to reach HCD but did not receive a reply as yet. He said "There is a letter from the State, that was provided to the Comm1ssion this evening, which stated that we can't require the trailer be removable. I don't know if that infers that we can't make it not be completely enclosed or not. But I need to talk to the State to get the answer to that". Commiss10ner Orsini sa1d "Until we get an answer I would like th1s tabled". Comm1ssioner McCurdy advised that the State previously approved the removal of the wall and this applicant is planning to replace a wall which replaced an original trailer wall. Comm1SS10ner Orsini said they are removing all the walls on the trailer and covering the floor. Commissioner Sharp said he didn't think they were removing all the walls. Commissioner Orsini asked the applicant to return to the pod1um. Comm1ssioner Orsini stated the eX1sting trailer is 10' 2". The existing trailer 1S being added to by expand1ng on both sides to 22' on the ground floor. Commission d1Scussion ensued as to how the expans10n was being made if no walls were being removed. Mr. Schmitt said he was not moving any walls on the three sides, he's extend1ng on one side and pick1ng up 12 feet on one side. Commissioner Orsini asked 1f the six feet between trailers was checked by staff? Commissioner Sharp sa1d it must be SlX feet there "Or Barry Curtis wouldn't have OK'd it". Mr. curtis said "This will be checked". Commissioner Orsin1 said "Was it checked?" Barry Curtis said "Yes it was there's adequate space right now... I couldn't guarantee that (7'5"). If 1t's not 7'5" the wall will have to be moved in four 1nches when it's built". Mr. Schmitt said "I understand your concern right now... we are moving the trailer to correspond to the 22 inches so we can be 6 feet on each side ... we're not just leav1ng the trailer there and building around it. We're moving the trailer so we can have 6 feet on each side ... if that's your concern. Is that the p01nt you were making?" Comm1ssioner Ors1ni restated: the tra1ler will be moved, three walls of the trailer w111 continue to exist, and the eX1sting walls w111 be wrapped with a new exterior stucco wall. Commissioner Ors1ni said "I'm st111 not in . . . Page 7 - Planning Comm1SS1on M1nutes of January 2, 1991 favor of building houses where there's mobile homes and this is what's happening. It's st111 bU1lding a new house there...". Mr. Whittenberg said staff has been unable to get a defin1t1ve answer from the state 1f they w111 allow the City to go as far as architectural control to stipulate that you must actually see a portion of the eX1sting trailer. Mr. Wh1ttenberg indicated that some of the existing two-story cabanas do have a portion of the trailer showing and some don't have anyth1ng showing. Must Original Trailer Be Removable? Commissioner Sharp asked staff if his recollection that at one time the trailer had to be removable was correct? Mr. Wh1ttenberg said "Yes" but it does not have to be removable now. Architectural Rev1ew/Addition of Square Footage Commissioner Dahlman expressed concern regarding the amount of square footage that's allowed to be added under an Architectural ReV1ew by the City. This applicant wants to go from 380 square feet to 1990 square feet. Mr. Wh1ttenberg said that any eX1sting lot in town with a small home on 1t can add to that home without having to come to the Planning Commission for anything. Year 2044 Who will Own These Homes? Commissioner orsini said to Mr. Whittenberg that in the year 2044, when the land leases at the Seal Beach Trailer Park revert back to the owner, what happens to those homes? Who owns them? Mr. Whittenberg said they would revert to the owner, it's part of his property. The owner, Bill Dawson, would own all the two story homes. And the people who are building the two-story un1ts are most likely aware of this. Mr. Whittenberg said the City 1S not liable for Mr. Dawson own1ng these structures. The City is not responsible for ensuring, at the time of a lease expiration, what's g01ng to happen on the property. Commiss1oner OrS1n1 asked Mr. Whittenberg if the owners of the trailers and two-story cabanas should be notif1ed that in 2044 the lease ends and the property is owned by Mr. Dawson? Mr. Whittenberg said those persons are aware they're under a lease when they sign the lease. Commissioner Ors1ni said these two-story units could be valued at $250,000 and a bank loan could be obtained on them. Mr. Schmitt agreed you could get a bank loan because they're guaranteed for a certain number of years and it's low 1ncome and 1t's good business for the banks. Commiss1oner Sharp said he felt the proposal should be approved because it meets all City requirements. Comm1ss1oner orsini sa1d he felt the proposal should not be approved until it's determined if the Architectural Review can be upheld and 1t should be dec1ded whether the area is a housing tract or a mobile home park. Mr. Whittenberg said the Commission must understand the State has authority 1n the Park for most concerns . . . Page 8 - Planning Commission Minutes of January 2, 1991 and there's not much the City can do about 1t. Comm1SS1oner Orsini expressed concern that the trend is to make more and more houses 1n the Seal Beach Tra1ler Park which are approved by the City. When is 1t going to stop? Consider Issues/Comm1SS1on Jur1sd1ction Mr. Wh1ttenberg advised that the issue to look at is must part of the trailer be visible from the exterior. It may not be proper for the Commiss1on to get involved 1n the issue of what a private 1ndividual wants to do on property he 1S leasing. MOTION by Orsini; SECOND by Dahlman to table Architectural Review #10-90 for two weeks to allow the Planning Department staff to receive clarification from the State Department of Housing and Community Development as to if the City can require, as part of an Architectural Review, that portions of the exterior walls of the existing mobile home be visible. commissioner Sharp made a statement before the vote: "I have to vote aga1nst this because if this same thing came up and the State came back and sa1d we could leave the mob1le home walls visible I would still vote that they be covered by stucco walls for protection." MOTION FAILED: 2 - 2 - 1 AYES: Orsini, Dahlman NOES: Sharp, McCUrdy ABSENT: Fife MOTION by Sharp; SECOND by McCUrdy to approve Architectural Review #10-90. Mr. Whittenberg commented on placing an add1tional cond1tion that the existing grade level of the subject lot not be changed during the reconstruct1on of the structure. AMENDED MOTION by Sharp; SECOND by McCUrdy to approve Architectural Review #10-90 subject to the six Conditions in the staff report and wi th the addition of a seventh Condition to read "The existing grade level of the subject lot is not to be changed during the reconstruction of the structure". Comm1ss1oner Dahlman clarified that if the Commission votes aga1nst this that the vote construes that the Commission reV1ew this matter aga1n in two weeks, rather than a voice against ever approv1ng this. MOTION FAILED: 2 - 2 - 1 AYES: Sharp, McCUrdy NOES: Orsini, Dahlman ABSENT: Fife . . . Page 9 - Planning Commission Minutes of January 2, 1991 MOTION by Orsini; SECOND by Dahlman that Architectural Review #10-90 be reconsidered in two weeks. It will not be a Public Hearing. MOTION CARRIED: 4 - 0 - 1 AYES: Orsini, McCurdy, Sharp, Dahlman ABSENT: Fife Staff indicated Architectural ReVlew #10-90 will be agendized for the Planning Commission meetlng of January 16, 1990. Although llsted on the agenda as Public Hearings, technically they are not Public Hearing items. 3. ARCHITECTURAL REVIEW #16-90 133 Cottonwood Lane, Seal Beach Staff Report The staff report was not given. [Staff report is on file in the Department of Development Services]. Archltectural Review #16-90 is a request by the applicant, Rlchard Fischbacha, to construct a two-story cabana at 133 Cottonwood Lane in the Seal Beach Trailer Park. commission Comments commissioner Dahlman noted the plans show the kitchen is not in the cabana. Mr. Schmitt sald the trailer was being moved over one foot to achieve as much room as possible. He dld not show the kltchen on the plans because it wasn't being touched. The sink was not shown as it exists because lt was not being changed. The existing structure wlll remain intact without changes. Only a second story, a living room and den in the back. New walls will surround the trailer. Commissioner orsini questioned the existing slte plan. The new site plan shows six feet on each side. The overhang breaks up the mass but could be left off for construction costs. The first two-story cabanas were built in 1980 - 1981. The Clty put standards together in 1982 - 1983. MOTION by Dahlman; SECOND by Sharp to continue Architectural Review 116-90 to the January 16, 1991 Planning Commission meeting. MOTION CARRIED: 4 - 0 - 1 AYES: Sharp, McCurdy, Orsini, Dahlman ABSENT: Fife . . . Page 10 - Planning Commission M1nutes of January 2, 1991 VI. ORAL COMMUNICATIONS No one in the audience wished to speak dur1ng the Oral Communications. VII. STAFF CONCERNS Mr. Wh1ttenberg presented two resolutions to formalize the determinations of the Planning Commission at 123 Eighth Street and 601 Ocean Avenue. Both resolutions recommend denial based on the fact that the parking requirements were not met since additional bedrooms were being proposed through the requested dens and studies. The resolutions are before the Commission for formal adoption and subsequent forwarding to the City Council along with the appeals. The City Council will be considering the appeals on January 14, 1991. The resolut1ons reflect the votes of the Commission and were the same for both resolutions. MOTION by Dahlman; SECOND by Sharp to approve Resolution No. 1607 [123 8th Street] and Resolution No. 1608 [601 Ocean Avenue]. MOTION CARRIED: 4 - 0 - 1 AYES: Sharp, Orsini, McCUrdy, Dahlman ABSENT: Fife VIII. COMMISSION CONCERNS The commissioners w1shed everyone a happy New Year. Commissioner Sharp thanked everyone involved for a wonderful Christmas parade. IX. ADJOURNMENT vice Chalrman McCurdy adjourned the meeting at 8:37 p.m. NOTE: The Secretary did not attend this meeting due to illness. These Minutes were typed from the audio tape of the meeting. . . . Page 11 - Planning Commisslon Mlnutes of January 2, 1991 Respectfully Submitted, . ~~_c- Executive Secretary Planning Department - * These Mlnutes are tentative and subject to the approval of the Planning Commission. ** The Planning Commission Minutes of January 2, :~ were approved by the Planning Commission on January 16, 1991.~, Attachments to Minutes: (1) Letter dated 11/7/78 from State of californla, Division of Codes and Standards to William T. Dawson, Dawson Development Company (2 pages). (2) Memorandum dated 4/26/84 from City of Seal Beach, planning Department, John Baucke to Planning Commission, Subject: Two- Story Cabanas (5 pages). (3) Photocopied page from Title 25, Mobilehome Parks Act, Section 1462 - "Cabana - Cooking Facilities" (1 page). . . . . ... - ------- AIVISION OF c.o~S AND STAHOAR:>S - Ad=inbtnthe Office ~Zl 1O~ StrHt, Slcruento JSS14 (916) 44S.9471 , I Move~~er 7, 1970 CJ/.; Of 1', ~:'~'/ l'l b S. (j.:) I "J.~ lJa ,~~: , / ~"'lrlD ~, ,; fr'D "r . V'r Ii (,., ~ I[CC;r" '::., ~tt'~ /' :~~(i.lfl ~ t~r. W1111 &.':1 T. OaR's 0 r. Dawson ~ve 1 Oplrcr. t Company 1.1 Ha r1 na Orl va Seal ~!ch. tA 907~J Ra: S~a1 ~acn Trailer PI~ A. A. ',c;./.j ~ar ~:r. Dawson: YOJr a~plication for altarnat! a~~~va1s and fees of ~lJJ.O~ have be=~ r~~~fved. As 1n~iClteJ in our phone c.on~rs~t1on of i4ove...=.:.cr ~, Bi", 1 t woul J be 1napprol'rhte to reduc.a ti1e required s~parati on$ for fX!'li1 e- h');-I' Inu t"a'.'~l trailer cabanas ~d enclt's\..w::i aw~incs witho,lt H,:r(' aJ'iitiof,al CiE"t.:1OO of fire prote-tt1oll. ~i 1ft an alternate Unll(lt.. tJ~ grt.nte:1, t feel t.lat prt)~r IPplica1.ioll nf tne ex1stin~ 1a~1 ,,'111 pCl..-it tIle construction of your new pan::. Tn-"" !:~istin~ req:J1~er.ts.. t., ( eo:. fo 11 ows : l~b11ehomes side to si~ l~'D. Hot>ner.vi.~s ~nd to side f\'I)"' t~:,l.>~h..;j,';~S ~"lf ta er,~ .I\.J~ r,\Jbll C~C~~ to cabanas l '~F CC-~~i.~l t.o ~,"~'an" '11.)11; P.......;>:.'"tj. iiile $e~_';~s for beth roo: lle!.......::~ :(11('\ ~'JHlas. U? t<. {(lliO',,:.: 3 foot to side propeY'ty line 3 foot to rear property line He clhunC!:! l;>>Kified for mIlt prtlPE'rty line but &blJV~ M:p~.ret~onr WOuld still apply. . I feel t.'lat the above requ1roetents '101.11(1 not ad'ieri(.1y Intet Yl'll'r .ve 1 opr.w: nt but wnl require arnnfjing yuur units 10 thr t CtI',1) '=tlcrl"S are adjacent to a CAbana on.. Ita. .,.t lot n~ler tnCJl anow1cr ~~ilello~. If there are any fLlr'tbtr q.stions on this Etb!r, 1 .ould k ~1f.d tC'J IRet with ~ or representatives of t:he lOCAl enfon:uant a~r.C:;)' tel f.....toner ,11r1 fy thts flSue. . ~ P"I'"I",nt to tne authoritY 10 acceDt ftl~matc or etlV1vIlen\. rt~~ , ' const",ct1on IS granted tn 5Ktion 1SJQS of the Hillth and SI!t.1J' tt-w.. U . .. - . .Ie ~ . . , , I . . , . . lCF . . Mr. "fl1fam T. Dawson -2- "o\'tw~r 7. 1978 ~ur I"'equest for alternlte approval for construct1on of ca~nr.s in thl. Sell belch Tral1er Plrk in excess of 14' in height 11 approved. It 15 W further approved that such cabanas may be .rected as a~c:essor;y to tra~., trailers as well as IQ)bl1ehoaes. The a~ss to lots Nos. 69, 70, 73, 74, 77. 7S, 81, 82, 8~, ~, 89, 90, 17, se, 101, lOZ, 105, 106, 109, 110, 113, 114, 117, and 118, p'.Ov1ded by easeaent shown on the plot plans attac:ned to 'your appl1CJ U 0". h con- sidered equivalent to the reqw1rement of Section 12612 of the Health and Safety Code. Such lasel'Rnts shall be maintained free from ohstruct1 ons t suc." as f.tlCes or ft)bl1ehome accessorl I tructures. If )"Ou han any further ques tions on thes! matters, pl~He fer 1 f~ to contact this off1 c::e. &ood luck. wHil the preJect. I' 11 t~ \.~. HIli n9 ~ ~ progress with 1nt2rest. Sincerell, J"c:~ L. Kerln Ass1 ~tarjt Chief "LK: co Enclo!iL.lres c=: Dr-,"'lf ~ tou~rehe City f-:...n,ger. Seal Beael, , , , Apri 1 26, 1984 MEMORANDUM tJlj 0' I S./, ..", 1 C. ~ SU~IV.'''''''''I I .Il/L" I.., . U fo.b ' IT R( a .... Di/:. COtTV ". "'" To: Planning CommlSSlon From: John M. Baucke, Pr1nc1pal Planner SubJect: Two-Story Cabanas . On February 15, 1984, the Plannlng C~mmlsslon reviewed an appl1cat1on subm1tted by Norman Brent for a two-story cabana. After dlScuss1on. a number of questlons were developed and then d1rected to the C1ty Attorney to respond. On March 21,1984, the Plann1ng Comm1sS1on reviewed the C1ty Attorney's oplnlon Also on th1S date the Commlss1on rece1ved a memorandum from the Clty ~anaQer requestlng that the 1ssues 1nvolving AR 4-83 be contlnued until that tlme a meetlng takes place wlth representatlves of the Department of Houslng and Co~un- ,ty Develop~ent. The subject of thlS meetlng to be as to the admlnlstratlon of the Seal Beach Tral1er Park. ThlS meetlng toor place on Aprl1 12. 1984. a~d wr1tten response dated Apr11 19. 1984 has been recelved (attached). In summary. it 1S the State's pos1t1on that a local government may NOT' (1) requlre I cabana be bUllt 1n such a manner that the mobl1e home may be moved after the constructlon of the cabana, or (2) establlsh floor space 11mltatlons or ratlos by local ordlnance of the S1ze of a cabana. The S1ze of a cabana accordlng to the State 1S 11mlted to a so called "permlss1ble box" fonned by the allowable helght requHement (25' two-story), mlmrnUli, setbacks (31 s1de and rear). and maXlmum coveraQe of the park space requlrement (75~) Both of the appllcatlons that have been held In abeyance. AR 4-83 and AR 3-84 are both In confonnance wlth th,S so-called "pernnsslble box". Staff recommends that the Comrlss1on perfonn an Archltectural Revlew of Normar Brent AR 4-83 (prlor report attached) and John Jacobs AR 3-84 (prlor report attached). For May 2, 1984 IT A Tt Of CAllFOltNIA George Deuk1nej ian. Go".mor _. PARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT gal Affairs Off1ce 921 - 10th Street Sacramento, CA 95814 (916) 3~3-7Z88 , , ~ April 19, 19B4 Mr. Allen J. Parker, C1 ty Me na ger City of Seal Beach C,ty Hall 211 E,ghth Street Seal Beach, CA 90740 RE: Mob,lehome Park Standards Dear Mr. Parker: You have asked thlS department's opln,on regardlng the extent of--or parameters of--State and local government author,ty as they relate to mobllehome parks. In partlcular, two quest,ons have been posed 1. May a local government requlre that a cabana be bUllt in such a manner that the mobllehome (or traller or recreatlonal vehlcle) may be moved after the constructlon (l.e., be replaced by another mobllehome)? 2. To what extent may a local government prescribe standards such as floor-space llmltat,ons, for a mobllehome or travel traller cabana? CONCLUSION (a) Because of the pre-emptive statutes govern,ng the installatlon of mob,lehomes and the pre-empt,ve statutes governing the constructlon of cabanas, a local government may not requ,re that the cabana be built in such I manner IS to require mob"ity of the mobilehome. (b) Because of the pre-emptive statutes governing the installatlon and construction of cabanas a local government has authority limited to 10n1ng and "architectural review" authority over cabanas. However, thlS authority is subject to the State's determination of intrusion into the State's sole authority to regulate the construction, installation, arrangement, alteration, repair, use, and occupancy of mobilehome accessory build,ngs or structures located on a lot accommodating a mobilehome. Thus, a floor-space limitation by local ordinance is not permltted in that it would interfere with the pre-empt,ve author'ty granted to the State and is not the type of exception set forth in the statute. , , I Allen J. Parker Ap ri 1 19, 1984 Page Two ANALYSIS Health and Safety Code Sections 18200, et seq., establlsh a statutory scheme for the State's pre-eminent authority to govern almost all aspects of mobilehome park development and use. These standards are explicltly pre-emptlve, and local governments are permltted authority wlth respect to zoning of parks; adopting rules prescribing park perimeter walls or enclosures on public street frontage, signs, access, vehlcle parklng. and restricted uses: regulatlng equipment provldlng utlllties; and requlrlng permlts and fee$ for the use of mobilehomes or constructlon of an accessory structure. (H&SC Sectlon 18300~g)) In all other areas of concern, powers are relegated to the State by statute. The department is to adopt and submlt buildlng codes (H&SC Sec. l8301(b)), approve alternatives (H&SC Sec. 18305); estab11sh foundation systems (H&SC Sec. 18551); and adopt bUl1dlng standards and other regulations governing accessory structures. (H&SC Sec. 18552). ThuS, both expllcitly and implicitly, the legislature has dlrected the State to almost completely pre-empt the area of mobllehome park standards wlth the exceptlon of a few tradltional police power actlvltles. Pursuant to thlS clear and broad grant of authorlty, the department has enacted regulatlons governing the constructlon, installatlon. locatlon, arrangement, alteratlon, repalr, use. and occupancy of mob,lehome accessory structures, including cabanas (25 Cal-Adm. Code Sec. 1420, et seq.). In the case of the Seal Beach Tral1er Park, the State also granted a walver for alternative standards with respect to the height limltation of 14 feet. Within thlS broad State authorlty and local government restrictions 11e the answers to the posed questlons. Insta 11 at 1 on May the local government require that the primary structure--the mobilehome or trailer--be removable after the construction of the accessory structure--the cabana? In general, throughout the Mobilehome Parks Act and regulations promulgated thereunder, installation of mobilehomes is preserved to the State. In addltion, because of specific problems, the Legislature emphasized in HtSC Sec. 18551(9) that a local government could not require ~hat BObilehomes be installed on permanent foundations although the opposlte prohibition--requiring mobility--is not explicitly noted. However. H&SC Sec. 18300(g) clearly reserves only limited authority, .~ithin the reasonable exercise of their police powers,- to local governments. Requiring ~bility of a mobilehome or trailer after initial use does not fall -nthin the parameters of any of these sections and thus is only ~ithin the authority of the State. , , I Allen J. Park.er April 19, 1984 Page Three . Cabana Standards--Floor-Space limitations Similarly, the standards a local government may impose upon cabanas are restricted by the pre-emptlve authority granted by the Legls1ature to the State. State regulations define where a cabana is to be placed, and al' related criteria. (H&SC Sec. 18552) Local governments may change these requ1rements only by seeking adm,nlstratlve amendments to regulatlons promulgated by the Statej they may not, under the gUlse of po',ce power or zoning 8ct10ns, affect the State requirements. In the current situatlon at the Seal Beach Trailer Park, there ,s a helght Ind separation requirement imposed by the city. W,thout opinlng as to the validity of this ord,nance, we w,ll assume the val,dlty of these standards for the purpose of this op,nion. We wl11 also assume that certaln architectural and aesthetlc requirements may be imposed, but only to the extent that they do not interfere with or prohibit the use of State-1mposed construction, installatlon or use standards. (For example, requlrlng Sp2nlsh tile roofs would probably exceed the constructlon standards permltted by the State, and thus would be an ,llegal standard). Thus, a cabana becomes a structure wh,ch must flt wlthln the approprlate height requirement and, w,th the assoc,ated mobilehome or tral1er, cannot exceed more than 75% of the park space's area nor be closer than prescrlbed distances from the boundaries. Th,s creates, in essence, a "box" and the general standards of what occurs with,n that box are pre-empt,vely reserved to the State, subJect to certain reasonable exercises of local government police powers. Given this limitation, and the "permlsslble box" of State author,ty and local excluslon, it is clear that a floor-space l,m,tat,on could not be imposed by the city. ThlS. like the t,le roof example noted above, woUld d,rectly interfere with the standards permltted by the State and would del,mlt the permissible Ubox" described above. On the other hand, .compatlbillty" standards such as specified Sldlngs which could be applicable to conventional structures, are permiss1ble; even if they were to exist withln the "box", they would not dlrectly interfere wlth the State's standards. ~ , , Allen J. Parker April 19. 1984 'age Four . In conclusion, while it would be dlfflcult to draft a rule governing every restriction a local government could or could not impose on cabanas or ~obilehomes in a mobilehome park. local government must be mindful of the broad pre-emptlve authority granted to the State in the area of mobilehome park use. construction. and maintenance. Whl1e we seek to work cooperatively with local governments in thlS area. we cannot abdlcate these general responslbilltles and cede them to local governments. If I can be of any further assistance. please let me know. Ronald S. Javor Genera 1 Counsel RSJ: glf cc: Gregory W. Stepaniclch. Clty Attorney Susan A. OeSantls, Olrector John Ventura. Chlef. C&S =- , , t . - -. lJ~':1 t S~SiJBM;~~. I r,~ ' ~ IlfD FGrr /( ~.. l J ",[l,{;,,' "~.. I lIit I ~, e Ol ~/ 11460 MOBILEHOME 'ARKS ACT TITLE 25 Cp 300 24) ell..let.. 71 fIIo ~'" Cd) Required wmdows of a cabana shall o~n on . ecurt. yard or road", a\ either duectly or through a porch or .wnlng haVIng. mmlmum clear heIght of not less than Sill feet two Inches Such porch or .wnmg shall be at least 50 ~rcent open on the Side opposite tilt> Wlndow1 Ce) Where the net free cross-sechonal .rea of ,v&llable natural venl1lahon is less than five percent of the gross floor area, .n approved system of mecham cal venl1latlon and artifiCial hgnt may be used In heu of required natural Irght .nd ventilation for bathrooms, tOilet rooms or service rooms ~Where mechanical venhlahon IS installecllt shall be capable of ~roducmg two air changes per hour With not less than one.flfth of the &lr supply taken from outside the caband.. except that In bathrooms, tollet rooms or service rooms the mechamcal ventlla hon system. connected directly to the outside shall be capable of providing fIVe air dianges per hour (T25-1456) NOTE Authorlt)' C'11~d Srelton 18300 Health and Saf~t) Code Ref~r~nee SrC'llon 18S52, He'ahh and Safety Code 1460 C.ban.-ElectncaJ Installahons. Ca) Electncal Installahon In a cabana shall compl) With the apphcabJe re quuements for permanent bUildings Cb) Each caliana shall be provided With not less than one branch Circuit when electnca' service IS provided to the mobllehome lot (c) When electncal heatmg equipment or other filled applranC't's are In stalled In a cabana the cabana shan be provided With not less than t....o branch ('Jfcul15 (125 1460) NOTE Aulhortl) nted Section 1~ Health and Safe'ty Code R~feren~ SrCtIOn5 11\552 111670 H~alth and Safe'l) Code 1462 C.bana--CookUlg Faclhttes. Coolmg appliances or faclhltes shall not be Installed an a cabana NOTE AUlhoflt) nted Seehon 18300 Health and Safety Code Ref~ren~ Secllons 11l552.. 1&610 Health and Safet) Code 1f64 Caban&-Energ) insulation Standards. Ca) The deSIgn and construchon of opaque surfaces of a cabana (ellcept doors) ellposed to ambIent condllJons snail Ero\'lde a malllmum 1I factor of o 06~ for ceilings 0125 for walb and 0 10 for floors, nol consldermg the eHect5 of occasIonal frammg members such as JOISts and studs The U factor, dehned as the total heat flow through a gIven constructJon assembl). air to air e~ pressed an BTU/hr per square foot, per degree F temperature dIfference shall be calculated accordmg to the ASH RAE Handbook of Fundamentals Cb) The requirements of thlS sechon shall apply only to a cabana constructed or anstalled adjacent to a mobllehome manufactured on or after October 7, !9i3 wht'n the mobile home 15 requU'ed to bear anslgma of approvalwued b} tht department (12.>1464) NOTE Authority Cited See lion 18300 Health and Safet)' Code' Referen~ SectIon 18.552.. He'alth and Safel) Code 1466 Awrung-Pennitted An a....mng may be erected, constructed, or malntamed on a moblJehome lot only as an accessory structure to a mobllehome or travel traIler located on the Slmt'lol NOTE Authortt) ril~d Set-lion 18300 Health and Safely Code Ref~ren~ Secllom 11IM2.. 111&10 Health and ~afet) (.ode , ~ possession. ~ obilehomc park. , trailer p,a:l. or ac mobiJchome, .& 10 contam Dot It . permanent u .. "" 11. .. 660 ., .ckr 6aIl . .. ..... -' .. ..na tID ., .. _ b ..., ~~ ftth . taiJet for .n" . ..",.,.. <<M , t !J I .... . "OBILEJtOMES 111215 (f) A eelf-ccmtained mobilebome is one equipped with . toilet. water IlOTage lank for potable water, and an.'age hoJdmg Wl AMId S&a&a It" .. 10S6 13 111213. "'MobU..ome _", IlalJcIiJla Dr llnIetare" , -Mobilehome IC'.casory buildmg or ttructurc" is any awning, porta. ble, demountable or pennaDeTlt cabana., Rmada., ltoTage cabmet, carport, fence, windbreak or porcb .tablabed for &he use of the occupant of the mobilchome AdM! kasa It" .. 10S6 I 3 , ~~ Ddcr Pat1 2 111010 ~.::~...""""""" 15 Co! Adm CaI< fI 5211l. 12S-1552 . Ial t 11213.5. [Added b)' Slats 1969 c.b 1165 'I and repealed b) Stats 970 c.b 969 t 1.) 1/t1f.t-'nc ~ ~ dcbed mcbQcbamr ~,......c.bCIlltN:tW't. -I III%I~. -MoblleholDc JlUk" "Mobilehome park" is all)' area or tract of'land wbere one or more mobilebome lots arc rented or leased or held out for rent or lease to accommodate mobilebomes used for human habitation ne rent.a1 taid ror &II)' IUcb mobilehome ahall be deemed to include rental for the Jot it occupies - MdId ..... I'" .. 1056 13. Ai ...... Scasa 1969 ,. 1165 12. I&aIIlt1O ,. M9 I 2 .. 1.A- e. IM9 .. .I--t Adc*! __ lid.. ....ow..-..~ ..., '" CIdIbClII ~..." at ., ed fJI dw 1m ICDI.CDClC 8'70 A.tT_Vt. De1Nd __.....,ww.-,. ... -. ~""," -.a _ ..., .. 1969 a-~r~'. - ... A-,., GIDIra1) ~~ IJ Opa AUf OIID sa ~...... rJI~ ,.rt IIabIIa ., "'- ...-. ~ "v It IrIUcr ,m openIed t.)' klDtm& dub) . 111215. -JlecreatlRl! traDer ,.n" -&ecreaticml trailer park" is any area or tract oflanct, within an area lDDed for ncreaticmal DIe, where ODe or more lots are rented or lased or MId out for rent, or lease to ownC'S or lISen or recn:auOD&l w.bicll"C <<tents and which K OCMI~erl f'"" U!m""""'"" ...t~lIOC. .I........_l'~