HomeMy WebLinkAboutPC Min 2006-02-08
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CITY OF SEAL BEACH
PLANNING COMMISSION
AGENDA for February 8,2006
7:30 p.m.
District 1 - Ellery Deaton
District 2 - Phil O'Malley
District 3 - Gordon Shanks
District 4 - Gary Roberts
District 5 - Phil Ladner
Deoartment of Develooment Services
Lee Whittenberg, Director
Alexander Abbe, Assistant City Attorney
Christy Teague, AICP, Senior Planner
Carmen Alvarez, Executive Secretary
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City Hall office hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. Closed
noon to 1 :00 p.m.
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The City of Seal Beach complies with the Americans with Disabilities Act. If you
need assistance to attend this meeting please telephone the City Clerk's Office at
least 48 hours in advance of the meeting at (562) 431-2527.
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Planning Commission meetings are broadcast live on Seal Beach TV3. They are
rebroadcast on Sunday afternoons, Channel 3 at 4:00 p.m.
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Videotapes of Planning Commission meetings may be purchased from Seal Beach
TV3 at a cost of $20 per tape. Telephone: (562) 596-1404.
o Copies of staff reports and/or written materials on each agenda item are on file in
the Department of Development Services and City libraries for public inspection.
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City of Seal Beach Planning Commission · Agenda of February 8, 2006
PLANNING COMMISSION AGENDA INFORMATION SHEET
The following is a brief explanation of the Planning Commission agenda
structure:
AGENDA APPROVAL: The Planning Commission may wish to change the order of the
items on the agenda.
ORAL COMMUNICATIONS: Anyone wishing to address the Planning Commission, only
on items not on tonight's agenda, may do so during this time period. No action can be
taken by the Planning Commission on these communications on this date, unless
agendized.
PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to speak in
favor of or against agendized items. More detailed information is found in the actual
agenda attached. If you have documents to distribute, you should have enough copies
for all Planning Commissioners, City staff and the public. Please give one to the
secretary for the City files. The documents become part of the public record and will not
be returned.
CONSENT CALENDAR: Consent Calendar items are considered routine items that
normally do not require separate consideration. The Planning Commission may make
one motion for approval of all the items listed on the Consent Calendar.
SCHEDULED MATTERS: These items are considered by the Planning Commission
separately and require separate motions. These transactions are considered
administrative and public testimony is not heard.
STAFF CONCERNS: Updates and reports from the Director of Development Services
(Planning and Building Departments) are presented for information to the Planning
Commission and the public.
COMMISSION CONCERNS: Items of concern are presented by the Planning
Commissioners and discussed with staff.
All Droceedinas are recorded.
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City of Seal Beach Planning Commission · Agenda of February 8, 2006
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City of Seal Beach Planning Commission
Agenda for February 8, 2006
7:30 p.m.
I.
PLEDGE OF ALLEGIANCE
II.
ROLL CALL
III. AGENDA APPROVAL
By Motion of the Planning Commission, this is the time to:
{a} Notify the public of any changes to the Agenda;
{b} Re-arrange the order of the Agenda; and/or
{c} Provide an opportunity for any member of the Planning Commission, staff, or
public to request an item be removed from the Consent Calendar for separate
action.
IV. ORAL COMMUNICATIONS
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At this time, members of the public may address the Planning Commission
regarding any items within the subject matter jurisdiction of the Planning
Commission, provided that the Planning Commission may undertake no action or
discussion unless otherwise authorized by law.
V.
CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and are enacted by
one motion unless prior to enactment, a member of the Planning Commission,
staff, or the public requests a specific item be removed from the Consent Calendar
for separate action.
1. Approve Planning Commission Meeting Minutes of January 18, 2006.
VI. SCHEDULED MATTERS
2. Adopt Resolution 06-5 Approving Conditional Use Permit 06-2 for a Retail
Wine Store at 302 Main Street.
3. Adopt Resolution 06-7 Approving Variance 06-1 for 318 14th Street.
4. Conformance with Planned Sign Program 02-2 for Seal Beach Village
. Shopping Center.
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City of Seal Beach Planning Commission · Agenda of February 8, 2006
5. RECEIVE AND FILE: Status Report Re: Trailer Space Adjustments, Seal
Beach Trailer Park
VII. PUBLIC HEARINGS
6. Height VariatIon 06-1
203 2nd Street
Applicant/Owner:
Request:
Mark Coppessl Brendan Baker
To construct a Covered Roof Access Structure (CRAS)
that exceeds the 25-foot height limit by 5 feet 11 inches.
Approval and adoption of Resolution 06-9
Recommendation:
7. Minor Plan Review 05-10
Trailer Space Adjustment 05-1
74 Riversea Road (Continued from November 9,2005)
Applicant/Owner:
Request:
Sheila Odenl Seal Beach Affordable Housing Corp.
To adjust trailer space lines and architectural review of
a 2-story cabana. The applicant proposes a Trailers
Space Adjustment to modify the trailer lines, adding
approximately 19 square feet to the trailer space. The
applicant also proposes to construct a new 2-story
cabana in the Seal Beach Trailer Park with an overall
height of 25 feet, and 850 square feet of living space.
Recommendation: Deny Trailer Space Adjustment 05-1 and Minor Plan
Review 05-10 without prejudice and adopt Resolution
06-12.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
X. ADJOURNMENT
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City of Seal Beach Planning Commission · Agenda of February 8, 2006
. 2006 Aaenda Forecast
Feb 22 Canceled
Mar 08
Mar 22
Apr05
Apr19
May 03
May 17
Jun 07
Jun 21
Jul05
Jul19
. Aug 09
Aug 23
Sep 06
Sep 20
Oct 04
Oct 18
Noy 08
Noy 22
Dec 06
Dec 20
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of February 8, 2006
Chairperson Shanks called the regularly scheduled meeting of the Planning
Commission to order at 7 30 pm on Wednesday, February 8,2006 The meeting was
held In the City Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present. Chairperson Shanks, Commissioners Deaton, Ladner, O'Malley, and
Roberts.
Also
Present Department of Development Services
Lee Whittenberg, Director of Development Services
Christy Teague, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent None
AGENDA APPROVAL
Chairperson Shanks requested that Item No. 1 be removed from the Consent Calendar.
MOTION by Shanks; SECOND by Roberts to approve the Agenda as amended
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
ORAL COMMUNICATIONS
Chairperson Shanks opened oral communications.
There being no one Wishing to speak, Chairperson Shanks closed oral communications
1 These MInutes were transcrrbed from audIotape of the meetIng
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of February 8, 2006
CONSENT CALENDAR
None
1. Approve Planmng Commission Meeting Minutes of January 18, 2006.
Chairperson Shanks referred to Page 7 of the minutes Lines 35-36 and stated that for
Conditional Use Permit (CUP) 06-2 he recalls that the Commission had agreed to a
maximum of 20 people allowed for the wine tastings, and that the hours would be from
7 00 to 10 00 P m Mr Whittenberg noted that these changes were included In
Resolution 06-5 presented for adoption tomght Commissioner Roberts referred to
Page 8, Condition No 8 of Resolution 06-5, which reflects these conditions
Chairperson Shanks requested that this Information be included In the minutes.
MOTION by Roberts, SECOND by O'Malley to approve the Minutes of January 18,
2005 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
SCHEDULED MATTERS
2 Adopt Resolution 06-5 Approving Conditional Use Permit 06-2 for a Retail Wine
Store at 302 Main Street.
Mr. Whittenberg stated that Resolution 06-5 was prepared as directed by the Planning
Commission (PC) at ItS meeting of January 18, 2006, With all the conditions as
discussed
Commissioner Deaton asked that the Director of Development Services explain what
type of Alcoholic Beverage Control (ABC) license IS to be granted. Mr. Whittenberg
explained that the ABC license to be granted is one that allows wine growers to have a
wine tasting facIlity, usually In conjunction With a winery, and the license also allows
retail wine tasting operations as a separate use and allows children on the premises
He noted that there are specific conditions imposed as indicated In Resolution 06-5,
such as prohibiting a restaurant use in conjunction with the winery, and also a limitation
on the hours and number of guests permitted at the private wine tastlngs He referred
to Item 1 on Page 7 of Resolution 06-5, which specifies the type of License to be
allowed for CUP 06-2 and also lists the types of licenses that would not be allowed
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City of Seal Beach Planning Commission
Meeting Minutes of February 8. 2006
MOTION by Deaton; SECOND by O'Malley to adopt Resolution 06-5 approving
Conditional Use Permit 06-2
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
Mr. Abbe advised that the adoption of Resolution No 06-5 begins a 10-day calendar
appeal period to the City CouncIl. The Commissioner action tomght is final and the
appeal penod begins tomorrow morning
3 Adopt Resolution 06-7 Approving Variance 06-1 for 318 14th Street.
Ms Teague stated that Resolution 06-7 was prepared In accordance With the direction
of PC at its meeting of January 18, 2006, and Includes all conditions of approval as
discussed
For the benefit of the public Commissioner Deaton read Page 2, Paragraphs (b), (c),
and (d) Into the record in order to note the specific findings for the granting of this
Variance
Chairperson Shanks noted that he was In agreement and added that this was a umque
case that would not likely reoccur
MOTION by O'Malley; SECOND by Deaton to adopt Resolution 06-7 approving
Variance 06-1
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
Mr Abbe advised that the adoption of Resolution No. 06-7 begins a 10-day calendar
appeal period to the City CouncIl. The Commissioner action tonight is final and the
appeal period begins tomorrow morning.
4 Conformance With Planned Sign Program 02-2 for Seal Beach Village Shopping
Center
Staff Report
Ms. Teague delivered the staff report. (Staff Report IS on file for inspection In the
Planning Department) She proVided some background information on thiS Item and
noted that Planned Sign Program (PSP) 02-2 was previously approval for the Seal
Beach Village Shopping Center at the northwest corner of Seal Beach Boulevard (SBB)
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City of Seal Beach Planning Commission
Meeting Minutes of February 8, 2006
and Westminster Avenue She indicated that last week an application was submitted
for the primary Identification sign with the location being slightly different than that
approved for PSP 02-2 She stated that Staff believes that thiS IS In substantial
conformance to what was originally approved, but wanted to apprise the PC of this
change CommIssioner O'Malley noted that It appears that the sign IS just being moved
from one Side of the driveway to the other side. Ms Teague stated that the dnveway
was not shown on the onglnal plans, but the sign would basically be In the same
locatron as originally Indicated. She noted that landscaping IS to be added and the
parking lot reconflgured, but the sign will be closer to the street than originally indicated.
Mr Whittenberg added that the main reason for the relocation IS that PSP 02-2 was
approved before the Carl's Jr. Restaurant was contemplated for this shopping center,
and the Carl's Jr. bUilding would now block the sign from southbound traffiC along SBB if
It were placed where onglnally planned CommiSSioner Deaton stated that she recalls
that former CommiSSioner Sharp had been concerned about the VISibility of this sign
She asked If moving it out closer to the street would obstruct the visibility of cars
entenng and eXiting the dnveway or for pedestnans. Mr Whittenberg stated that Staff
believes It Will not obstruct VISibility because of the low height of the bottom sign panel IS
6 feet above grade, so cars or pedestrians would be VISible from under the sign
Chairperson Shanks so ordered to Receive and -File. Conformance-with Planned Sign
Program 02-2 for Seal Beach Village Shopping Center
5. RECEIVE AND FILE Status Report Re. Trailer Space Adjustments, Seal Beach
Trailer Park
Mr Whittenberg explained that after the public heanng for Minor Plan Review (MPR)
05-10 for 74 Riversea Road held on November 9, 2005, the PC had continued the
public hearing and requested that Staff talk With the owners of the Seal Beach Trailer
Park (SBTP) to see If they would be Willing to do a global review of adjusting trailer
spaces In the greenbelt area, rather than having to deal With these lots on a case-by-
case ad-hoc basis, and to confer With the Orange County Fire Authonty (OCFA) to
receive their concerns He indicated that Staff forwarded a letter to the Seal Beach
Affordable Housing Corporation (SBAHC) who responded WIth a letter stating that the
approval for the application for 74 Rlversea Road has been reSCinded because thiS was
done Without the proper authority of the Board of Directors for the non-profit housing
corporation that actually owns the property. He indicated that the applicatIon was not
properly presented to Staff and this is why Staff is recommending denial He stated that
Staff met With OCFA who provided a letter stating they would prefer the greenbelt
center area not be decreased, but provided specific requirements to ensure fire safety
for reSidents Within thiS area and would proVide for adequate emergency access He
noted that OCFA speCified that any new units constructed in this area would have to be
fully fire sprinklered OCFA also asked that the pnmary access points from the street to
the greenbelt and all fire hydrants must be clearly marked, and the penmeter road
around the greenbelt should also be clearly marked as a fire lane With no parking
allowed in front of the mobile homes along thiS road He then explained that Staff also
had discussions with the State of California, because the City has authonty under state
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of February 8. 2006
law to do enforcement of Title 25, which involves the development, land use, setback
standards, and construction standards for mobile homes within California He stated
that the state representative made Staff aware that effective July 2005 cities can no
longer require discretionary approval for a trailer space adjustment within a mobile
home park He noted that state law indicates that trailer spaces can be adjusted within
a trailer park, but this requires that the owner of the park and the affected space owners
all agree to the adjustment Once this approval IS given, documentation must be
submitted to the City, a new survey must be completed to indicate the new survey
pOints, and If a determination IS made at the Staff level that the request is not In accord
with the land use approvals granted at the time the park was established, the space
adjustment can be denied Mr Whittenberg Indicated that this Issue will have to be
further explored at the state level, and at this pOint trailer space adjustment IS not an
issue that the City would have to deal with. He noted that In their letter the SBAHC has
indicated that their board will meet on February 13, 2006, to revisit this issue, and
should they decide to consider adjusting spaces, then applicants will go through the
process as outlined under state law, and at that pOint the City would deal with these
requests.
Commissioner Roberts referred to the discussion in the OCFA letter regarding agreeing
to 1 5-foot setbacks,- and noted that the state requires a 3-foot setback from the-property - - -
line. He asked If the 1 5-foot setback referred to by OCFA would begin at the property
line Mr. Whittenberg stated that OCFA has indicated that the 1 5-foot setback would be
the minimum reduction they would like to see. Commissioner Roberts stated that In
reading the letter from Seal Beach Trailer Park Resident Owners' Association
(SBTPROA), It appears that they would be willing to keep the physical location of the
bUilding where It IS today Mr. Whittenberg noted that the SBTPROA letter states that
they believe they should be able to build up to the space line without the 3-foot setback.
He added that in the discussion with the representative from the state, Staff learned that
the waiver granted by the state In 1978 to allow the greenbelt to be considered a public
access road did not give these trailer spaces the right to have their unit located on the
front of the space line. He explained that the state's position IS that you may have a
space there that fronts the greenbelt, but you are stili subject to the 3-foot setback
requirement from that space line to the first part of the mobile home. He ended by
stating that if new Information is presented at the February 13th board meeting, Staff will
provide an update to the PC
Chairperson Shanks so ordered to Receive and File. Status Report Re. Trailer Space
Adjustments, Seal Beach Trailer Park.
PUBLIC HEARINGS
1 Height Vanatlon 06-1
203 2nd Street
Applicant/Owner
Mark Coppessl Brendan Baker
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City of Seal Beach Planning Commission
Meeting Minutes of February 8, 2006
Request. To construct a Covered Roof Access Structure (CRAS) that
exceeds the 25-foot height limit by 5 feet 11 inches.
Recommendation. Approval and adoption of Resolution 06-9
Staff Report
Ms. Teague delivered the staff report (Staff Report IS on file for inspection In the
Planning Department) She provided some background information on this item and
explained that City Code does allow architectural features to exceed the 25-foot height
limit by up to 7 feet She Indicated that the applicant has submitted revised plans that
do conform to the City Council gUidelines, copies of which were delivered to the
Planning Commissioners. She noted that the proposed staircase meets the minimal
roof area allowed in the gUidelines, which in this case is 38 square feet, and the revised
height would exceed the height limit by 5 feet 5 Inches The Senior Planner then added
that the proposed Covered Roof Access Structure(s) (CRAS) is compatible with the
craftsman architecture of the new home and with the character of the surrounding
neighborhood, and would not provide any habitable living space. With regard to
obstruction of the primary view of neighboring homes, Ms Teague explained that this
area IS rather flat with two blocks of residential dwellings between the ocean and the
subject property and this CRAS would not significantly Impair the view of surrounding
residents. She added that a letter in Opposition was received from the residents of 206
Central Avenue, which was provided to the PC She stated that Staff IS recommending
approval of Height Variation (HV) 06-1, subject to conditions
Public Hearlna
Chairperson Shanks opened the public hearing
Mark Coppess, representative for the applicant, stated that he would be happy to
respond to questions from the PC Commissioner Roberts asked If there were other
alternatives to the proposed plans to meet the needs of the homeowners yet respond to
concerns from neighbors Mr. Coppess stated that surrounding neighbors currently
have very little view and he does not believe that this CRAS would block their view He
noted that another option would be to construct a deck that would accommodate a spiral
staircase, however, the homeowners would rather have roof access from inside the
home Commissioner Deaton noted that there are many homes In town that do not
have CRAS, and they don't have spiral staircases. She added that some have
staircases on the outside of the home and others on the Inside of the home until you get
to the exterior door She asked what the purpose of a CRAS would be Mr Coppess
stated that It was basically convenience and comfort Commissioner Deaton stated that
you could access the roof deck from Inside the home Without a CRAS Mr Coppess
stated that With an outside or spiral staircase the plans would have to be considerably
modified Commissioner Deaton countered that the CRAS was not essential, and
normally she does not object to them, but In this case there have been complaints about
this project
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of February 8, 2006
Joanna Rivera expressed her Opposition to HV 06-1 and noted that her home was
constructed in 2001-02 on a 25-foot wide lot and the home has a roof deck with a
stairway without a CRAS She added that a home across the street from 203 2nd Street
also has a roof deck without a CRAS. She stated that the roof access could be
constructed without the spiral staircase. She provided maps designating the line of
sight view from her home, noting that thiS CRAS would totally obstruct thiS view. She
recommended denial of HV 06-1 and suggested that Mr. Coppess provide an alternate
deSign that would not exceed the height limit.
Joyce Politz spoke In opposItion to HV 06-1 and stated that an extra 5 ft. 11 inches
would have the effect of encroaching upon her privacy and depnves her home of
additional light and air.
Ralph Rivera spoke In opposition to HV 06-1 and noted that he agreed with hiS Wife,
Joanna, that thIS home could be deSIgned to provIde roof access without the CRAS
John Baker stated that he lives on First Street from which he has a beautiful view of the
bay and beyond He said that In the early 1980's he had constructed a roof deck over
his garage without a CRAS He indicated that hiS roof deck also has a straight stairway
along the Side of the house- and- up to the roof deck He recommended redeslgnlng-the-
home without the CRAS.
There being no one else WIshing to speak, Chairperson Shanks closed the public
heanng
Commissioner Comments
CommIssioner Deaton stated that she would define the pnmary view for homes in Old
Town as any view of the ocean, mountains, or the manna, and although she normally
has no objections to a CRAS, when she vIsited thiS neighborhood she saw only 4 single
story homes, as the majority of single story homes In Old Town have been demolished
or converted to large homes covenng every Inch of the property and constructed as high
as allowed. She said that granting this CRAS would lead to more homes asking for the
same type of approval. She stated that she would vote to deny
Commissioner Roberts stated that he was In agreement With CommissIoner Deaton's
comments and would vote to deny
Chairperson Shanks stated that he was also In agreement and would also vote to deny.
He indicated that the home could be redesigned to provide everything the applicant
wants Without exceeding the height limit
MOTION by Deaton, SECOND by Roberts to deny Height Vanatlon 06-1 and direct
Staff to present amended Resolution 06-9 at the next scheduled Planning CommIssion
meeting.
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CIty of Seal Beach Plannmg CommIssIon
Meetmg Mmutes of February 8, 2006
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
The Director of Development Services noted that Staff would return with the final
amended Resolution 06-9 for adoption to deny Height Variation 06-1 at the Planmng
CommiSSion meeting of March 8, 2006 He advised that adoption of Resolution No
06-9 would begin a 10-day calendar appeal period to the City Council and the
Commissioner action would be final with the appeal period beglnmng the morning after
adoption
Mr. Abbe added that the public hearing on this Item has been closed and there would be
no additional testimony at the meeting of March 8, 2006.
2 Minor Plan Review 05-10
Trailer Space Adjustment 05-1
74 Rlversea Road (Continued from November 9,2005)
Applicant/Owner
Request.
- Sheila Oden/-Seal Beach Affordable Housing Corp. - - -
To adjust trailer space lines and architectural review of a 2-
story cabana The applicant proposes a Trailers Space
Adjustment to modify the trailer lines, adding approximately
19 square feet to the trailer space The applicant also
proposes to construct a new 2-story cabana In the Seal
Beach Trailer Park With an overall height of 25 feet, and 850
square feet of living space
Recommendation.
Deny Trailer Space Adjustment 05-1 and Minor Plan Review
05-10 without prejudice and adopt Resolution 06-12
Staff Report
Mr Whittenberg delivered the staff report (Staff Report IS on file for inspection in the
Planning Department.) He stated that since receipt of the letter from the agent
representing the property owner, rescinding the authorization for Trailer Space
Adjustment (TSA) 05-1, Staff has prepared Resolution 06-12 denYing TSA 05-1 and
Minor Plan Review (MPR) 05-10 without prejudice, which means that should the parties
Involved come to agreement, they could return With a Similar application Without having
to wait a specific period of time as specified In City Code
Public Hearlna
Chairperson Shanks opened the public hearing
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City of Seal Beach Plannmg Commission
Meetmg Mmutes of February 8, 2006
Ana Molina thanked Staff for their assistance In walking the Seal Beach Trailer Park
(SBTP) residents through this difficult situation and for taking their concerns into
consideration As a former paramedic she expressed her concerns over fire safety and
emergency vehicle access She asked if the Commissioners planned to attend the
board meeting on February 13, 2006, as she would like to have someone present to
speak on behalf of the residents. Mr Whittenberg stated that he would be In
attendance to present the information provided earlier tOnight on traIler space
adjustments. Ms Molina then stated that In the plans submitted for TSA 06-1 one of her
back walls was depicted as just a wooden fence, but It IS actually made of stucco, wood,
and has a lattice. She then expressed her concern with getting this Issue resolved so
that residents could continue to live peacefully In their homes Mr. Whittenberg
reIterated that at thIs point thIs application would have to be denied, and as he
understands state law, he does not see a scenano where the PC would even consider
an application of this type in the future. He explained that future applications for trailer
space adjustment would have to receive approval from the owners of the SBTP and
they would then notify park residents of the adjustments
Glenn Clarke stated that he supports MPR 05-10, but opposes TSA 05-1, and noted
that It was unfortunate that the application was made as one piece. He said that If there
were some way of considenng-these Items separately, he would support MPR05-10. -
He recommended approving MPR 05-10 without having to adjust the lot size. He said
that he hoped the applicants returned with the application for the MPR
Karen Tarascio presented photographs of some of the more dilapidated trailers within
the SBTP greenbelt and stated that trailer space adjustments do need to be dealt with
Immediately, as these homes need to be replaced to meet health and safety standards
and because the trailer park was developed under the Redevelopment Law, the City IS
obligated to follow the letter of this law In providing 120 spaces of affordable housing.
She stated that the alternate approval granted In 1978 that took away street access to
the homes on the greenbelt should be revIsited, as an Impasse currently exists
preventing replacement of the homes along the greenbelt. She indicated that she had
contacted the State Department of Housing and found that they do not have a copy of
the onglnal map submitted to the state when the park was reconflgured and the
alternate approval granted, so the only reference map available is one dated 1993,
creating concern that the map approved IS not the configuration being referenced, and It
appears that things have been "wriggled around" to the disadvantage of the
homeowners along the greenbelt She noted that she was In agreement that a
representative from the City should attend the board meeting on February 13th, and
stated that the meeting should be open to all homeowners within the trailer park Ms
Tarasclo indicated that a representative of Clvlcstone should also be present and noted
that many of the homeowners on the pen meter lots of the park have been able to
receive funding to replace or rehabilitate their homes, but the homes on the greenbelt
have waited for four years and have not yet received these entitlements She stated
that she is present to request that the City Manager, City Attorney, Clvlcstone, and a
representative from the Department of Housing be In attendance at the board meeting
She said that she believes the intention of the RDA (RDA) was not to create blight, as
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CIty of Seal Beach Planning CommIssIon
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eVidenced in the photographs of the greenbelt homes She thanked Commissioner
Deaton for her support In continuing this Item for further study, and requested that the
PC make a motion that all the above-noted parties be included In the board meeting.
Chairperson Shanks stated that the only people that can deSignate who should be in
attendance would be the board that has called the meeting. Mr Whittenberg added that
the asset manager for the owners of the park has Invited him to attend the meeting to
present information on how lot line changes can occur and what the process IS to do
this. He explained that this IS a pnvate corporation and only the board can determine
who is to be inVited, and they are not subject to the Public Meetings Law Act He noted
that Ms Tarascio could consult the City Attorney regarding this, but he would probably
Just venfy these statements Ms. Tarasclo countered that of course he would be In
agreement as he IS on the City payroll. Chairperson Shanks cautioned Ms Tarascio
that he would have her removed from Council Chambers should she continue to resort
to unfounded accusations. Ms Trasaclo said that she was Just stating a fact. Mr
Whittenberg Interjected that perhaps at this point Ms Tarascio had competed her
comments and Chairperson Shanks might wish to see If there were any other members
of the public Wishing to speak. If not, the public heanng could be closed
There - being no one else Wishing to speak, Chairperson Shanks' closed the public
heanng.
CommiSSioner Comments
Chairperson Shanks stated that he had served as Chairman of the Appeals Committee
when the old trailer park from its old location onto its present site, and unfortunately the
Issue of lot lines goes back to the time when loose controls were held when Mr. Dawson
was designing the trailer park. He asked If there would be any progress made towards
making and defining those lot lines. Mr. Whittenberg stated that he could not prOVide an
answer at this point, but he might be able to prOVide more information after the board
meeting He reiterated that this is a pnvate, nonprofit corporation and neither the City,
the Planning CommiSSion, or City CounCil can be involved in any deCISion regarding
trailer space adjustments Within the SBTP
Commissioner Deaton stated that she IS confused and asked If there are any reSidents
on thiS board Mr Whittenberg stated that there are two reSidents on the board
Commissioner Deaton asked If these reSidents would be representing the Interest of the
other park residents Mr Whittenberg stated that he has no idea what their IndiVidual
pOSitions might be regarding the trailer space adjustment issue Commissioner Deaton
stated that she is concerned that thiS be done fairly. Mr. Whittenberg reiterated that In
his OpiniOn, thiS IS a pnvate property deciSion in which the City cannot Intervene He
explained that the park reSidents are essentially renting a piece of land upon which their
trailer SitS and do not have an ownership right to the land, Similar to renting an
apartment In an apartment bUilding He stated that when renting an apartment you
have a nght to occupy the space, but have no say so In determining what happens to
the outside of the bUilding or how the apartments are configured, etc He explained that
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the City IS not Involved in the process of defining how this board operates and under
what criteria they make their decIsions He said this would be like the City trying to go
to a homeowners association and dictate how they should be doing things
Chairperson Shanks stated that because this came about as a Redevelopment Agency
(RDA) project, and IS part of the low-moderate Income housing benefit, and because
funding IS provided for rehabilitation of these homes, the City has a much stronger
obligation than It would under a normal condo situation He asked that Mr Whittenberg
state at the meeting that the PC strongly wishes that the board would agree to have
some kind of surveYing done so that the property lines on the greenbelt area are
established so that residents can get on with their lives Mr Whittenberg stated that
there is a state law provision that requires this, and the tenants of the park could make
this case If the board IS not willing to mark the spaces In accordance with state law.
Chairperson Shanks asked about who would gUide the residents through these steps.
Mr Whittenberg stated that the City attempts to do this as best It can He added that
the City IS subject to certain reqUirements for uSing low-moderate set aSide funds
generated Within the RDA, but there IS no requirement that all of these funds be used
Within the trailer park. He noted that the City has assisted residents that don't even live
In a redevelopment project area. He explained that under the terms of the sale of the
SBTP property to L1NC- Housing when the bonds were sold-to acquire the park from the
prevIous private owner, the terms required that a speCifiC number of spaces In the park
be occupied by very low income residents, and the City also has an additional
requirement that a speCific percentage be occupied by low Income residents, but these
are the only provIsions that the City or the RDA have regarding the type of residents
occuPYing the SBTP He stated that there are funds that the RDA gives to existing
tenants of the SBTP to help pay for the Increased rents necessary to generate the
overall rental revenue to payoff the bonds. He noted that there are many financial
aspects between the RDA and the ownership of the SBTP regarding verification of
whether certain numbers of residents Within the park meet the low and very low Income
criteria, and that the RDA IS supplementing the Increased space rents that certain
tenants must pay to keep their incomes at a level that allows for day-to-day expenses
He reiterated that under state law the City has no discretionary approval over trailer
space adjustments.
Commissioner Deaton stated that In the Interest of fairness perhaps RDA funds should
not be made available to anyone Within the SBTP until the trailer space lot lines are
adjusted to make all of the spaces bUildable Mr Whittenberg responded that there are
existing agreements that have been In place as part of an acquisition of the SBTP to
ensure that it remained a trailer park, as the then owner of the park was attempting to
close the park, move the tenants out, and put a different land use in altogether He
explained that at thiS pOint the RDA stepped In on an interim baSIS With some bridge
loan financing to help a non-profit hOUSing corporation buy the park to maintain it as a
mobile home park, and these provision are part of all of the bond documents, and the
RDA cannot state that It Will no longer pay these funds Mr. Abbe Interjected that the
Issue before the PC tonrght IS simply the trailer space adjustment, and under the Brown
Act broader issues of whether or not to continue approving remodels cannot be
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dIscussed He suggested that the decIsion tOnight be confined to the lot line
adjustment He stated that the Director of Development Services IS correct, Title 25
Standards are state laws that the City enforces and the City cannot change them. He
explained that this is the reason many cIties don't get Involved with mobIle home parks
at all He reiterated that a trailer space adjustment would require written approval from
the park operator, the park owner, and residents of the affected spaces.
MOTION by Deaton, SECOND by Roberts to deny Minor Plan Review 05-10 and Trailer
Space Adjustment 05-1 Without prejudice and adopt Resolution 06-12 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
STAFF CONCERNS
Mr. Whittenberg stated that there are no business Items for the next scheduled meeting
of February-22, 2006,-and he recommended that this meeting be canceled-and that the
Planning Commission adjourn to the next scheduled meeting on March 8, 2006.
CommIssIoner Deaton asked whether City Council (CC) had made a determination on
whether to allow additIons to hlstonc homes Within Seal Beach, and if so, perhaps the
Commission could conduct a study session on this Issue on February 22"d Mr
WhIttenberg stated that Staff would prefer to have thIs date free to work on some more
pressing projects that CC has requested. He Indicated that Staff should be able to
reVISit the Issue of hlstonc preservation within the next few months
COMMISSION CONCERNS
Commissioner Deaton stated that her neighbor had commented that he had a very
pleasant interaction With Kathy Dixon in the Water Department, and she wished to say
"Thank You," to Ms Dixon
ADJOURNMENT
Chairperson Shanks adjourned the meeting at 9.15 p.m
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Respectfully Submitted,
Carmen Alvarez, Executive Secret
Planning Department
APPROVAL
City of Seal Beach Planmng Commission
Meeting Mmutes of February 8, 2006
The Commission on March 8, 2006, approved the Minutes of the Planning Commission
Meeting of Wednesday, February 8, 2006. ~.
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