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HomeMy WebLinkAboutPC Min 1987-10-21 r . . ~ . . . MINUTES OF MEETING SEAL BEACH PLANNING COMMISSION OCTOBER 21, 1987 The City of Seal Beach Planning Commission met in regular session on Wednesday, October 21, 1987 at 7:35 p.m. SALUTE TO THE FLAG was led by Vice Chairman Suggs. ROLL CALL Present: Chairman Covington Commissioner Jessner Commissioner Sharp Commissioner Suggs Commissioner Rullo Absent: None. Also Present: Edward Knight, Director of Development Services Pam Walker, Administrative Aide Joan Fi11mann, Secretary to Director of Development Services CONSENT CALENDAR The two items on the consent calendar were enacted with the same MOTION MADE by SHARP to approve as presented; SUGGS seconds. A. Approve as presented the Minutes of the Planning Commission of October 7, 1987. B. Approve the Plan Review 15-87 on 246 6th Street allowing owner, PHILIP R. LAMBETH, to expand a porch and replace a stairway on his property. AYES: NOES: ABSENT: Covington, Jessner, Rullo, Sharp, Suggs. None None. MOTION CARRIED 5-0. 1 - . . . . PUBLIC HEARING - ZONING TEXT AMENDMENT 6-87 * CONDOMINIUM CONVERSION ORDINANCE * RESOLUTION 1480 KNIGHT said that in July, 1987, the City Council initiated an amendment to the Code of the City of Seal Beach, zoning chapter, to provide regulations for converting apartment units to ownership housing. Council's action responded to a conversion appl ication by Wayne and Darlene Shaddox which was refused because density limits would have been exceeded. Questions were raised regarding previously approved condominium conversions which may have been inconsistent with state requirements. As directed, staff prepared a draft ordinance establ ishing criteria and standards to govern the conversion of apartments to condominiums. It incorporates: Compliance with and incorporation of California laws; Protection of low and moderate income housing supply; Rounding up for lots in District I to be allowed under certain conditions; Allowing rebuilding of over-density condos for which final tract maps were filed prior to 9-1-1987, to rebuild the number of units legally existing at the time of the approval process subject to Minor Plan Review. Stringent inspection standards. Tenants must be notified of the intention to convert and their right to contract for purchase of their units. Notification may be done via United States (certified) mail and must ensure the City has a signed receipt that everyone has been so notified. Tenants relocation assistance benefits would be paid under certain conditions and the amount would be twice the prior month's rent or $1000 minimum. Rents may not be increased after CUP approval. COVINGTON call ed for questions from the Commissioners and discussion followed. There are no precise numbers of properties in Seal Beach which would be affected by this ordinance; it was felt there aren't many. The Shaddox' would be allowed to convert their condo because the density on their property allows 2.78 units. City Council's concerns re condo conversion, where the disaster clause might pose a conflict by constraining rebuilding, was addressed with assurance that this ordinance would allow rebuilding. The supply of low and moderate income housing would be protected because this ordinance would not have a significant impact on the City. 2 . . . COVINGTON opened the public hearing on ZTA 5-86. CHARLES ANTOS - 148 14TH STREET, SEAL BEACH AN T 0 S sa i d he f e 1 t the r a i sin g 0 f r en t s s h 0 u 1 d bet i e d tot h e tentative map and not the final map, that noticing of tenants s h 0 u 1 din c 1 u de C a 1 i for n i a Co a s tal Co mm i s s ion r e qui rem e n t sin addition to the State laws and that if a tenant signed a copy of the notifying letter and returned it to the Planning Commission that it should be accepted as notification served. BRUCE STARK - 204 OCEAN AVENUE, SEAL BEACH STARK questioned how the Seal Beach disaster clause was overcome? KNIGHT stated City Council issued a directive. Because the City Co u n c i 1 and the P 1 ann i n g Co mm i s s ion wan t e d ass u ran c e t hat condominium conversions would have legality to rebuild in case of disaster and this ordinance provides that legality for them. STARK addressed his concerns on what he felt were constantly changing and arbitrary laws and how they would affect future purchasers. JESSNER and COVINGTON said they felt such changes were a part of the democratic process. COVINGTON called for further public commentary on behalf or against ZTA 6-87 and hearing none he closed the public hearing. COVINGTON requested questions on this issue from the Commissioners; there were none. COVINGTON REQUESTED that the proposed ordinance be modified to require a return receipt upon tenant notification of a condominium conversion (item D.5) I and to limit the period during which rents may not be increased prior to the filing of a final tract map. MOTION by SHARP, seconded by SUGGS TO APPROVE ZTA 6-87, RESOLUTION 11480, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL ADOPTION OF ZONING TEXT AMENDMENT 6-87, A REQUEST TO AMEND THE CODE OF THE CITY OF SEAL BEACH TO ESTABLISH REGULATIONS FOR THE CONVERSION OF APARTMENT UNITS TO CONDOMINIUMS, with two changes to the draft ordinance as suggested by Covington. AYES: Covington, Jessner, Sharp, Suggs, Rullo. NOES: None MOTION CARRIED: 5 - 0 3 . . . PUBLIC HEARING * EUCALYPTUS GROVE PRESERVATION ORDINANCE RESOLUTION '1481 . WALKER presented background information on this draft ordinance by stating that it was initiated at the 2/23/87 meeting of the Seal Beach, City Council, when Council member RISNER requested staff to research approaches to preserving historic/eucalyptus trees and windrows at Gum Grove Park on the Hellman property and on the Bixby property at the northern end of Seal Beach Blvd. and to present those findings to the City Council. WALKER said staff examined the tree preservation policies of thirteen local agencies and presented a draft ordinance to the EQCB for review. The EQCB summarized their concerns in a recommendation that the ordinance might be limited to specific groves, that the definition of "grove" and use of incentives for preservation should be further discussed at the Council level and that the ordinance be referred to the City Attorney for further review. The draft ordinance before the Planning Commission governs alterations to stands of 4 or more Eucalyptus trees of a minimum size provided that the trees are located on vacant undeveloped property or the subject of change or expansion in land use. Appl ies to both publicly and privately owned property. Staff feels these conditions are consistent with the goals of preserving and protecting the City's Eucalyptus groves, the ordinance has been reviewed by the City Attorney and found satisfactory and therefore it is recommended that the Planning Commission recommend this ordinance to the City Council through adoption of Resolution #1481. COVINGTON requested questions from the Commissioners. There were none. COVINGTON opened the Public Hearing and requested the publ ic to speak on behalf of the Eucalyptus Grove Preservation Ordinance. There were none. COVINGTON then called for speakers against this issue. BRUCE STARK - 204 OCEAN AVENUE, SEAL BEACH STARK spoke against adoption of this ordinance which he felt is vague. His concerns centered on possible lax issuance of tree permits, the need to employ experts in tree preservation and disease identification from local colleges and/or universities having Forestry Departments, a more harsh penalty for tree destruction. . STARK read from the Public Resources Code, Section 4799.12 which talked about the State matching funds for preserving urban forests. When asked by the COMMISSION for a definition from his resource material for the term "urban forest" STARK quoted: 4 ~. . . . Or . "Section 4799.07 - Urban Forest - Means those native or introduced trees and related vegetation in the urban and near urban areas including streets, parks, residential... and trees on private or public property." DWANE MAHLEN - 11542 HARRISBURG ROAD - ROSSMOOR MAHLEN urged further study before adoption of this ordinance, preserving all trees ... not just those measuring more than 12 inches in diameter, proper maintenance, distribution of authority on issuance of permits, stressed the need for professional opinions before the development occurred. CHARLES ANTOS - 148 14TH STREET - SEAL BEACH, CA ANTOS felt there should be an overall plan for maintenance and reforestation. C 0 V I N G TON c 1 0 sed the pub 1 i c h ear i n g and ask e d for Co mm i s s. ion comments. The Commission discussed how/if this would affect Leisure World and decided that since Leisure World has its own landscape plan they would contact the City of Seal Beach only if they were e n t e r t a i n i n g a m a j 0 r a 1 t era t ion . Th ere was age n era 1 con s ens u s that this ordinance should include more than Eucalyptus trees, and include specifications on pruning and general maintenance of such trees. COVINGTON REQUESTED staff to review this draft ordinance and bring back a revised draft ordinance incorporating: 1. Review penalty for destruction. Should this be on a per tree basis? Should it be an escalating penalty with so much for the first tree and for each other tree destroyed the penalty would increase? Address accidental v. purposeful destruction. 2. State Code on urban forests. Staff to research and adapt where appropriate. Review funds available. 3. Review required expertise to pinpoint a more formal definition of who/what is needed. Must you hire a consultant each time a tree needs work? 4. How is the notice made to the public? Is there a delay period before being undertaken so an appeal process can be acted u po n? 5 ,.~ . :;> . . . . . ) With the consent of the COMMISSION and so ordered by the Chair, the meeting of the Planning Commission meeting of October 21, 1987 was adjourned at 10:07 p.m. ~~a'n'n -'~Q THESE MINUTES ARE TENTATIVE, SUBJECT TO APPROVAL BY THE PLANNING COMMISSION. Minutes of Planning Commission Meeting .October 21, 1987 were approved on November 18, 1987. -.qo ~~ .L.t..---.,.~_