HomeMy WebLinkAboutPC Min 1993-08-18
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CITY OF SEAL BEACH
PLANNING COMMISSION MEETING
AGENDA of AUGUST -ts.. 1993
7:30 P.M. * City Council Chambers
211 Eighth Street, Seal Beach, CA
Next Resolution: #93-40
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
ffi. CONSENT CALENDAR
1. Minutes of July 21, 1993
IV. SCHEDULED MATTERS
2. Resolutions To Be Signed:
.
Resolution No. 93-34
The Fit Stop
. Resolution No. 93-39
BJ's Development Agreement
V. PUBLIC HEARINGS
4. Trailer Space Adjustment #93-1
Address: 46 & 45 Riversea Road
Applicant: Jack Battersby
Property Owner: Seal Beach Partners, Ltd.
Request: To perform a trailer space adjustment within the
Seal Beach Trailer Park. The proposed
adjustment will result in one space (#46 Riversea
Rd.) gaining approximately six feet (6') in width
from an adjacent space (#44 & #45 Riversea Rd.)
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VI.
VII.
VID.
IX.
5.
Lot Line Adjustment #93-1
Address: Within Seal Beach Trailer Park
Applicant: Seal Beach Partners
Property Owner: Seal Beach Partners
Request: To perform a lot line adjustment within
the Seal Beach Trailer Park. The
adjustment would result in one space
within the Trailer Park (spaces #59 and
#60 Riversea Road, alkla liThe Pink
House") being located on a separate
parcel of land available for separate sale
from the remainder the Trailer Park.
6.
Conditional Use Permit #93-11
Address: 12541 Seal Beach Boulevard
Business: Chevron Service Station
Applicant: Robert Fiscus & Associates
Property Owners: Chevron Products Co. USA, Inc.
Request: To remodel an existing automobile service
station to consist of relocation of existing
sales area to the interior and replacement
of signage. Remodel would add
approximately 170 square feet to existing
structure.
ORAL COMMUNICATIONS
STAFF CONCERNS
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Orientation/Fly-Over Los Alamitos Army Airfield
COMMISSION CONCERNS
ADJOURNMENT
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Page 3 - Seal Beach Planning Commission Agenda for August 18, 1993
1993 AGENDA FORECAST:
STAFF REPORTS PENDING: NOT AGENDIZED
*
CUP #93-
't'OUS:!PCHITed~' ..:Bur.":~ts
.~:-..:.:::..: ..:..~.:<<-:-.:>>>>:..'...........:-.:
ACTION: CUP needed for video games.
STATUS: Waiting for applicant to finalize application; was at
Planning Department last week of July.
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ZTA #92-2
'*"- . ..,.......y~;;;,~;;;-.,.
Dute.rt.ai'trfflen~~:~l~.;
ACTidN.~".,.w".ycIiy:wide policy statement on entertainment.
STATUS: Pending City Manager's input.
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ZT A # --
c tV1ew/pa:6(r$et6~]fs
.....~ .... ...........
ACTION: ZTA"ne'eded.
STATUS: Director to prepare staff report.
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SPECIFIC PLAN U.....n.'Stteet s' . mer Plan &.:ABl600~:'Abar'~sii
"':::"~::""Y''''''''':-~':'''':':':-:';::-:~'::>>''''','''::'':...:-..:......:......:-............ ........ ,".:',. .... ..... . .~.
ACTION: Specific Plan to be prepared for Main Street.
STATUS: Request for Qualifications (RFQ) to be sent out by
Planning Department in August.
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CUP #92-7
y~,~....Q!!..:$~P~ll~~:;~~!!~~
ACTION: Replace and/or overhaul some existing equipment
and upgrade current industry standards.
STATUS: Indefinite abeyance at request of applicant.
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CUP #92-1
Hi't.'1=\*x~y...,~f:'M..,>>.....i.;:.i;'...,..':1l
:IV:.L :,:'.~eani/.l OO~i1!:r~
. .............. ..... '.. ,'..........................
ACTION: Needs 12 mos. review for Poretti.
STATUS: Restaurant apparently closed. Will not hold any
hearing until new owner goes in. Poretti's notified
by letter.
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Page 4 . Seal Beach Planmug Commission Agenda for August 18, 1993
1993
SEP 08
SEP 22
OCT 06
OCT 20
NOV 03
NOV 17
DEC 08
DEC 22
1994
JAN 05
JAN 19
FEB 09
FEB 23
MAR 09
MAR 23
APR 06
APR 20
MAY 04
MA Y 18
JUN 08
ruN 22
JUL 06
JUL 20
AUG 03
AUG 17
SEP 07
SEP 21
OCT 05
OCT 19
NOV 09
NOV 23
DEC 07
CUP #91-14 Spaghettini's/Entertainment/One year review.
CUP #92-13/Papillon's @ 8 mos.lentertainment
CUP #92-20/148 Main St.lJohn's Food King/ABC
[Review CUP #92-13 & CUP #92-20 at same meeting].
CUP #92-22/322 Main/Nip'n Stuff/12 mos. review/ ABC
CUP #92-24/1400 PCH/Glider 1nn/12 mos/ABC
CUP #92-26/3001 Old Ranch Pkwy/Tortilla Beach/12 mos/ABC
CUP #92-13/Papillon's @ 8 mos.lentertainment
CUP #93-2/901 Ocean/Kinda Lahaina @ 12 most ABC
CUP #92-19/Clancy's @ 12 mos/indefinite extension
CUP #92-13/Papillon's @ 12 mos.lindefinite extension for entertainment.
Election of Chairman & Vice Chairman
CUP #92-2/101 Main/SeaSide Grill/Review hours extension.
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CITY OF SEAL BEACH
PLANNING COMMISSION MEETING
MINUTES OF AUGUST 18, 1993
Chairman Dahlman called the regularly scheduled August 18, 1993, Planning Commission
meeting to order at 7:30 p.m. in City Council Chambers.
I.
n.
Present:
Also
Present:
ill.
IV.
PLEDGE OF ALLEGIANCE
Commissioner Sharp led the Pledge of Allegiance.
ROLL CALL
Chairman Dahlman
Commissioners Sharp, Law, Soukup
Department of Development Services:
Craig Steele, City Attorney's Office
Lee Whittenberg, Director
Barry Curtis, Administrative Assistant
Joan FiUmann, Executive Secretary
CONSENT CALENDAR
1. Minutes of July 21, 1993
MOTION by Sharp; SECOND by Law to approve the Planning Commission
Minutes of July 21, 1993 as Pl'esented.
MOTION CARRIED:
A YES:
4-0-0
Sharp, Law, Dahlman, Soukup
SCHEDULED MATTERS
2. Resolutions To Be Signed:
. Resolution No. 93-34
The Fit Stop
. Resolution No. 93-39
BJ's Development Agreement.
Director Whittenberg indicated both of these resolutions are before the Planning
Commission for formal signing, both resolutions having been approved at the July
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Page 2 - Planning COllullission Minutes of A ugllsl 18. 1993
21, 1993 meeting. Minor corrections to the language have been made as
instructed. The prior votes will be inserted in these resolutions.
MOTION by Sharp; SECOND by Law to approve Resolutions No. 93-34 and
93-39.
MOTION CARRIED:
A YES:
4-0-0
Sharp, Law, Dahlman, Soukup
v.
PUBLIC HEARINGS
3. Trailer Space Adjustment #93-1
Address: 46 & 45 Riversea Road
Applicant: Jack Battersby
Property Owner: Seal Beach Partners, Ltd.
Request: To perform a trailer space adjustment within the
Seal Beach Trailer Park. The proposed
adjustment will result in one space (#46 Riversea
Rd.) gaining approximately 4.76 feet in width
from an adjacent space (#44 & #45 Riversea Rd.)
Staff Report
Mr. Curtis presented the staff report. [Staff report on file in the Planning
Department]. It was noted that "Trailer Space Adjustment" is a new category of
Planning Commission/Department considerations. In 1992 the City began
enforcing the 1978 Trailer Park space map. This requires tenants wishing to
amend their space lines to apply to the City and received approval for a trailer
space line adjustment. This adjustment, if approved, will result in an increase in
lot width from 26 feet to 30.76 feet, thus allowing the applicant to install a wider
trailer or trailer/cabana on this space.
Commission Comments
Commissioner Sharp noted that no park subdivision fees are required for Trailer
Space Adjustments. Mr. Whittenberg clarified that this is not a subdivision of
property, it's the proposed movement of existing trailer space lease lines. As
long as a new parcel of land is not being created, and you're moving the lines
between existing parcels, the park subdivision fees are not imposed. On Trailer
Space Adjustments, the City requires the adjoining Trailer Park tenants to sign
the application as well as the applicant and Park owner.
Commissioner Soukup asked staff if the 1992 enforcement was for the 1979
trailer space lines? Mr. Whittenberg said yes, because that 1979 map is the most
recent map the City has of the Seal Beach Trailer Park. The City will continue
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Page 3 - Planning Conmtission Minutes of August 18, 1993
enforcing the 1979 map until such ti me the Park owners prepare a new map based
on the current locations of the trailers in the Park.
Public Hearing
Bill Dawson * 1710 Bluff Place. Long Beach. CA
Mr. Dawson introduced himself as the owner of the Seal Beach Trailer Park and
as representing the applicant, Jack Battersby. He bought the Park in 1974.
Separation between buildings is what he has always been concerned about. The
space giving up four feet is a double space which is owned by his partner. This
owner is happy to give up the footage because it means Mr. Battersby can have
a new double-wide trailer and have a new way of life for a very modest price.
Mr. Dawson said he has discussed the 1979 Park map with Mr. Whittenberg.
The 1979 map does not reflect what actually exists today in the Trailer Park.
Mr. Dawson said he told Mr. Whittenberg he will prepare a proper, as-built map
to show what is in the Park today. He felt he would be able to submit this map
to the City within the next sixty days.
Commissioner Soukup asked Mr. Dawson about the space lines, noting that
current Trailer Park residents may have problems with the new configuration and
would like the 1979 configuration to remain enforced. Mr. Dawson said the Park
would have to deal with those residents on a case-by-case basis. Commissioner
Sharp indicated this issue has come before the Planning Commission because of
setback 'and distance between trailers. Those changes have not been recorded or
reflected on the 1979 Park map. Mr. Dawson said the 1979 map shows 140 lots
when the Park actually has 125 lots. The 1979 map is incorrect in many
respects. When the 1979 map was drawn, it was preliminary to the final
approvals of the Park. Many of the lots on the north side of the Park were two
lots then, and if those lot lines were imposed today there would be lot lines
running under existing mobil homes; these lot lines will be corrected.
Chairman Dahlman said that the Commission's role tonight was to review this
application and make a recommendation to the City Council. The City Council
will actually make the decision. Mr. Whittenberg said the Commission has two
actions: (1) approve the request and then (2) recommend approval of that to the
City Council and the Redevelopment Agency. An approval of a change to the
1979 Trailer Park map requires a modification to the Owner Participation
Agreements that were entered into in the 1980's. These Agreements referenced
the 1979 Trailer Park map. The City has been talking to Mr. Dawson about
preparing a new map for the Seal Beach Trailer Park so that each time the issue
of trailer space lines comes up, it doesn't have to come before the Planning
Commission and the Redevelopment Agency.
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Page 4 - Planning COI11D1ission Minutes of August 18, 1993
Chairman Dahlman asked Mr. Dawson about the individual who is giving up
footage, asking Mr. Dawson if he correctly referred to this individual as his
partner, his friend and owner of the adjacent space? Commissioner Dahlman
asked if he owns the trailer and leases the space? Mr. Dawson explained the
individual leases the space from the Partnership and owns the improvements
thereon, the big grey home in the comer. He is also a 10 % Limited Partner in
the partnership that owns the Seal Beach Trailer Park and Mr. Dawson himself
is the 90% General Partner. They are partners.
Mr. Dawson asked Mr. Steele about Condition of Approval #2:
2. Once all required City approvals have been obtained, the applicant
shall record the trailer space adjustment with the County Recorder.
Mr. Dawson stated the 1979 Park map is not a matter of record and never will
be, he questioned how an adjustment would be recorded? Mr. Whittenberg
indicated this is Mr. Steele's first Seal Beach Planning Commission meeting and
answered the question instead. A document will be recorded describing the
adjustment to the Park map which was referenced in the original recorded Owner
Participation Agreement; a map will not be recorded. Mr. Steele clarified that
it is the Declaration of CC&R's that is recorded and is the document referencing
the 1979 map.
Chairman Dahlman asked Mr. Dawson if the grey home in the corner, the
property losing footage, is a mobile home? Mr. Dawson stated it is a triple-wide
mobile home with a two-story cabana attached.
Mr. Steele said the proper characterization of the rights of the neighboring
property is that that person has the right to occupy that particular space. The
State Health and Safety Code, under which this trailer space line adjustment is
taking place, specifically requires that the occupants or the person having control
over the adjoining spaces approve these trailer space line adjustments, along with
the owner of the underlying land in the Park and the applicant. That is why all
these parties are signing this agreement.
Persons Speaking in Favor
There were no persons wishing to speak in favor of this application.
Persons Speaking in Opposition
Paul Jeffers * Space #8. Seal Beach Trailer Park
Mr. Jeffers stated he would like to see Planning Commission action on this matter
postponed to allow further review and clarification. He said he knew several
trailer space lines were moved in the Park to create the space on which the grey
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Page 5 - Planning Conunission Minutes of AuguSl18, 1993
house sits now. There were spaces 46,45 and 44. Space lines were also moved
at the other end of the Park to allow Mr. Dawson to build a large modular home.
He said that there's been problems when the two-story cabanas are built. He saw
the management move a trailer in and take out an elderly woman's sidewalk and
her porch. The management just explained it was going to be done. When the
Park was first set up there were walkways between trailers that led to the streets.
Management tells the residents there are no property lines but when the Park was
first established and the rental agreements were set, your square footage of your
space was set forth. The CC&R's cover their rent control and he was concerned
that there is no adjustment to the rents when trailer space lines are moved. He
would like to see the practice of encroachment stopped when somebody wants a
bigger trailer in the Park. This issue was not discussed around the Park, nobody
knows about it. He said all the Park tenants should know and be aware before
these actions are taken.
Chairman Dahlman said that because of the way the City is looking at trailer
space lines, Mr. Jeffers' concerns on that issue have probably been met. All the
parties to the adjustment must sign to their agreement to change a trailer space
line. Secondly, this issue must go to the City Council and Redevelopment
Agency before it's approved; this is a first step. Regarding rents, he asked Mr.
Jeffers if he felt this change in the trailer space line will have any effect on rents?
Mr. Jeffers said that to his knowledge, when one person loses footage or another
person gains footage it has not, in the past, effected either party's ground rent.
That was his point, there has been no decrease in space/ground rent to the person
who's encroached upon.
Commissioner Sharp explained rents are looked at by the Redevelopment Agency.
Mr. Whittenberg said the Planning Commission does not have the authority to
review rents.
Mr. Jeffers said that when the Park was established there were to have been 126
spaces but he doesn't know how many spaces exist today. That's part of the
CC&R's and this should be reviewed.
Chairman Dahlman asked staff for clarification on the number of spaces in the
Park. Mr. Dawson mentioned 125 spaces, Mr. Jeffers mentioned 126, the staff
report mentions 126 and the 1979 map measures 140 spaces. Mr. Whittenberg
said this is one reason the City has requested a new map. The 1979 map
indicates 140 spaces and Mr. Dawson indicated that along the north side of the
entry driveway there are now single trailer spaces with single units on them. The
1979 map shows a row of spaces in front with another row of spaces behind,
basically cutting each of those spaces in half of what the current size is. There
are a couple of other situations where that type of a plan was incorporated into
the 1979 trailer space map on file at the City. Between the map preparation and
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Page 6 - Planning Commission Minutes of August 18, 1993
park development most of those spaces became a single space with only one
trailer on it. It is now either 125 or 126 spaces, it's not 140 spaces. There never
have been 140 spaces or trailers in the Park. The agreements between the
Redevelopment Agency and the Park owners require 120 spaces in the Park to be
maintained for low and moderate income. The remaining spaces above 120 are
not restricted to any agreements with the City.
The Planning Commission briefly discussed the income figures for low and
moderate incomes. It was noted that an individual moving into the Park needs
to qualify for low or moderate income only once, upon his initial move-in.
Qualification is based on income at the time the person is accepted for tenancy
and is not re-evaluated through the years.
Mr. Jeffers said the Park's greenbelt/common area has been taken by letting
people put trailers in there. He was concerned the Park residents be included in
these proceedings.
Chairman Dahlman suggested Mr. Jeffers visit the Planning Department, review
the 1979 Park map and submit his own proposal for a new map. Mr. Jeffers said
he felt it would be better for a City staff member to poll each Park tenant before
the new trailer space map is drawn. It is not true that all the people who have
been encroached on are happy.
There being no other persons desiring to speak, Chairman Dahlman asked for
rebuttal.
Rebuttal - Mr. Dawson said "Obviously what was discussed here by Mr. Jeffers
was highly irrelevant. We have here one trailer space line that has been agreed
to by the adjoining property lessee/tenant who is perfectly willing to give it up.
I'm not going to charge Mr. Battersby any extra rent because he's got an
additional four feet. I really don't think Mr. Jeffers objects to that and that's
what you have on the agenda tonight to vote on. So, please don't be disrupted
by discussion of other matters that aren't relevant to this. It would be a travesty
for you to deny this application for Mr. Battersby, thereby denying him the right
to have a fine new home which he can ill afford but has been able to capitalize
on now. Thank you".
Chairman Dahlman closed the Public Hearing. Two residents asked to speak.
Chairman Dahlman, with the Commission's consent, re-opened the Public
Hearing.
Karen Teracio * 111 Welcome Lane. Seal Beach
Ms. Teracio said many of the homeowners in the Park have concern over the
trailer space line issue because they, the Seal Beach Chapter of the Golden State
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Page 7 - Planning Commission Minutes of A uguSl 18, 1993
Mobil Homeowners Association, met with City Manager Bankston about one
month ago. They were told there is no Park map in place at this time and they
have no recognized trailer space lines now. She has no idea of what square
footage she is paying rent on a monthly basis. According to Mr. Bankston,
apparently nobody else in the Park knows either. While she supports Mr.
Battersby in his effort to obtain better housing, she would not want to confuse the
two issues. They want clarification as to what they all have for trailer space
lines.
Rita Brenner * 14 Cottonwood Lane. Seal Beach
Ms. Brenner said she has been a Park resident for many years. Her property has
been encroached on against her will. She is hoping this will be corrected.
The Public Hearing was closed. Mr. Dawson had no rebuttal comments.
Mr. Whittenberg advised staff has distributed to the Commission a resolution
reflecting the staff report, the findings in the report and its conditions. Staff
recommends to approve the Trailer Space Adjustment and adopt the resolution as
presented.
Commission Comments
Commissioner Sharp asked if Mr. Dawson's new map will come back before the
Planning Commission? Mr. Whittenberg said the new map will come to the
Commission as a Trailer Space Line Adjustment application. Staff hopes it will
cover the entire Park and then staff won't have to come before the Commission
on individual cases. At that time, anyone living in the Park who has questions
about the map's being correct et cetera, can speak at that time. Staff would
encourage the owner of the Park meet with his tenants as he's preparing the new
map to explain what impact that would have on each of them. His understanding
is that the new map will reflect the current situation in the Park, the location of
trailers, providing the proper distances to the new trailer space lines. Prior to
1992, trailer space lines were not used when considering distance requirements.
Staff used the distance from one trailer to the next adjoining trailer.
Commissioner Soukup said he was concerned about this application to change
trailer space lines when the Commission doesn't know where the trailer space
lines are. He felt hesitant about the whole process, the Park tenants not having
a clear understanding of what they pay for, where they live, what space is their's
and when it can be taken away at the whim of the 90% owner. He said he would
like to have this situation cleared up as soon as possible and felt six weeks is too
long.
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Page 8 - Planning Conunission Minules of August 18, 1993
MOTION by Sharp; SECOND by Law to approve Trailer Space Adjustment
#93-1 through the adoption of Resolution No. 93-41 and to forward it to the
City Council and Redevelopment Agency for their consideration.
MOTION CARRIED:
A YES:
4-0-0
Sharp, Law, Dahlman, Soukup
Mr. Whittenberg advised the audience that Trailer Space Adjustment #93-1 will
be forwarded to the City Council and Redevelopment Agency for consideration
on Monday, August 23, 1993.
Chairman Dahlman asked Mr. Steele what effect a split Commission vote would
have? Mr. Steele said the municipal Code requires the Commission take action
only by an affirmative vote of the majority of the entire membership of the body.
Whether the entire membership is considered to be four members at this time or
five members, it would stilI require three affirmative votes. In the case of a 2-2
vote would effectively be a no action, it would go forward to the Council with a
"No" recommendation from the Planning Commission.
4. Lot Line Adjustment #93-1
Address: Within Seal Beach Trailer Park
Applicant: Seal Beach Partners
Property Owner: Seal Beach Partners
Request: To perform a lot line adjustment within
the Seal Beach Trailer Park. The
adjustment would result in one space
within the Trailer Park (spaces #59 and
#60 Riversea Road, a/kla "The Pink
House") being located on a separate
parcel of land available for separate sale
from the remainder the Trailer Park.
Staff Report
Mr. Curtis presented the staff report. [Staff report on file in the Planning
Department].
Commission Comments
Commissioner Law asked to have the subject properties shown on the map.
Commissioner Dahlman asked jf this was a subdivision? Mr. Whittenberg said
no, it's an adjustment between two currently existing lot lines. There are three
big lots now, when this is done, there would be two big lots and one very tiny
lot.
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Page 9 - Planning Conunission Mlllules of AuguSI 18, 1993
Commissioner Soukup asked Mr. Steele when it says there's a request for a
separate parcel of land available for separate sale from the remainder of the Park,
is that retroactive or future sales? For example, if this had been sold in the past
and now it's being made open to be recorded on the title. Mr. Whittenberg
clarified that currently the Park is comprised of three separately deeded parcels
of land, each parcel has a number of trailer spaces on it. Legally, each of those
parcels of land could be sold by the existing owners to a different owner. The
proposal tonight is to adjust the lines between two of those three parcels which
would create a very small parcel that would contain one of the trailer spaces.
That parcel could then be sold to a separate individual, separate from the
ownership of the Park itself but still be subject to the provisions of the contractual
documents between the Redevelopment Agency and the Trailer Park. Currently,
the Park owner does have the authority to sell one of the larger parcels of the
Park which has many spaces on it to a separate owner assuming he could get
Redevelopment Agency approval for the Owner Participation Agreements to
maintain the housing et cetera. Commissioner Soukup asked if that small parcel
would still be a part of the Park as an entity? Staff said not necessarily.
However, it will be subject to the contractual documents regarding the Trailer
Park. The small parcel could not legally have been sold before the City would
take an action to approve this application. If it had been sold prior to this action,
that would have been an illegal transfer of property which is a civil matter
between the purchaser and the property owner.
RECESS: Chairman Dahlman called a recess from 8:25 to 8:30 p.m.
Public Hearing
Bill Dawson * 1710 Bluff Place. Long Beach
Mr. Dawson said that in 1992 a civil engineer told him the City was in error and
a subdivision was not needed and the engineer prepared an application for this lot
line adjustment. The lot in question is accurately reflected on the 1979 map.
The City's Conditions of Approval are acceptable to him. The CC&R's are non-
specific as to how long they apply. Their original intent was for them to coincide
with the maturity of the original lease, to the year 2041 or 2044.
Commissioner Sharp said his concern is that this will be a separate parcel with
a privately owned home sitting inside a trailer park. Mr. Dawson said this
already is a separately owned home. He built the house to occupy it and lived
in it for a couple of years. He owns the land. The new homeowner has a 99
year lease for $1.00 per year. This lease arrangement will be ratified by deeding
the property to him upon approval of this application.
Commissioner Soukup asked how the taxes are being paid? Mr. Dawson said he
is paying taxes on the Park's land and the tenants pay taxes on their
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Page 10 - Planning Conunission Minules of August J 8. J 993
improvements; they are separately assessed. He didn't think there would be a
new tax base for this parcel because the transfer will be for $1.00. He has had
the 99 year lease for the five years he has owned the house. Mr. Dawson first
had to acquire fee title to the whole Park. When that was done, he had to
persuade the City to permit him to adjust the lot line so it could be deeded to the
occupant of the unit. Commissioner Soukup said he was having a real problem
with the whole process of selling something under those auspices. Mr. Dawson
said the man he sold the property to is a real estate lawyer and understands
exactly what the deal is. Mr. Dawson asked if Mr. Soukup was suggesting he
misled this buyer somehow? Commissioner Soukup said no, but that the subject
property is part of the whole Trailer Park concept. By spinning it off, Mr.
Dawson is creating separate parcels for profit. Mr. Dawson said "You're having
a problem that I make a profit?" Commissioner Soukup said "On a trailer park
that's designed for low and moderate income people". Mr. Dawson clarified that
only 120 trailer spaces are designed for low and moderate income persons.
Commissioner Soukup said that in 1979 there were 140 spaces, now there are 124
spaces minus the two spaces that Mr. Dawson's going to spin off to complete a
previous deal, then there will be 122 spaces. That leaves 4 more spaces that
Dawson can do the same thing with, according to his civil engineer and attorneys.
The Seal Beach Trailer Park is becoming smaller and smaller and servicing a
smaller body of people. He didn't think the Park was set up that way with the
Redevelopment Agency. Mr. Dawson said he was incorrect. He said he has
always been required to maintain 120 spaces for low and moderate families and
it was up to him what he did with the balance of the spaces. There were no
restrictions on what he did with those spaces. There were never 140 spaces. He
stated the City has an erroneous map that doesn't represent anything that was
every built. Only 126 spaces were built and 6 are his to do with as he chooses
and are not subject to income requirements. This one or two of those spaces; it's
a double space. Mr. Dawson said he has a right to sell it for profit. The profit
was made five years ago when he sold the house. If this request is denied, no
profit will be denied to him. It would be denying Mr. Daley, the homeowner,
the right to have fee title to his land.
Commissioner Sharp said he had no issue with selling the property as such, but
his concern is where that property sits and the fact that it's in the back corner of
the Park. Mr. Dawson said the purchaser is a well-informed lawyer who
purchased a house for an amount of money that is less than 50% of what he
would pay for the same house on Ocean A venue. The average rent in the Park
is $270 per month amortized over high and low rents. The City of Seal Beach
has a mandate for low income housing and the Park meets that mandate. An
audit was performed to ascertain if there were enough low income persons living
in the Park, and it was found of that of the mandated 60 low income persons the
Park has 90 and the moderate income persons are 30. Commissioner Sharp
included Leisure World in that housing mandate.
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Page 11 . Plnnning Conunission Minutes of August 18. 1993
Chairman Dahl man asked if there is a size restriction on the lot sizes? Mr.
Whittenberg said the agreements require 120 spaces in the Park to be available
for low and moderate income persons. There was no definition in 1979 where
the spaces allocated for that purpose. The 1979 map does show some common
walk way areas but they may have disappeared over the years.
Mr. Dawson stated he is comfortable with the easement conditions. The City has
an existing easement over the roadways in the Park for utility maintenance. Mr.
Whittenberg said staff wants to be sure the easements previously described still
match the roads as they exist in the Park today. Mr. Dawson said the roads have
not been changed.
Chairman Dahlman asked if the easement restricts the future filing of a revised
map? There could be potential trailer space line conflict between the 1979 and
1993 maps. Mr. Whittenberg indicated Mr. Dawson testified the roads
themselves have not changed alignment since 1978, therefore there would be no
conflict in that regard. If there were any conflict, the City would require new
easement documents to be prepared at that same time to match the new road
alignments if they were different.
Mr. Dawson addressed Commissioner Soukup's comments that he would like to
see a map sooner than six weeks by pointing out the new map is a voluntary
offering on his part and is costing him $6,000 - $8,000. He can't get a surveyor
out there any faster. He is only going to map what's there today.
Commissioner Soukup asked Mr. Steele why this isn't a subdivision? Mr. Steele
said the Subdivision Map Act specificaJIy excludes from its definition of
"subdivision" lot line adjustments between two or more existing adjacent parcels.
Because two parcels exist now where the lines are being adjusted, that exclusion
applies.
Mr. Whittenberg clarified that if this application were to leave the previously
existing lot lines and create this as a separate parcel then it would require Parcel
Map approval and that would be covered under the Subdivision Map Act.
Commissioner Soukup said that in the future, if Mr. Dawson wanted to sell more
land a subdivision would be created. That would be through a Parcel Map. A
Parcel map is when you create fOllr (4) new lots or less and a subdivision is when
you're creating five (5) new lots or more.
Commissioner Soukup asked Mr. Dawson if the Park tenants care if this easement
will exist? Mr. Dawson said this easement has been existing, it's over the
existing roadway. It's a non-exclusive easement in favor of the City.
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Page 12 - Planning Conwlission M,nules of AuguSl18, 1993
Commissioner Dahlman asked if this was a line adjustment which would require
the Park tenants to agree? Mr. Steele clarified that the previous issue was a space
line adjustment within the Park itself, not actual1y changing the boundaries of
land, but rather the boundaries of the occupancy that Mr. Battersby is entitled to.
This is actually changing boundaries of lots. Chairman Dahlman asked then
wouldn't some tenants be occupying Parcel 2 instead of Parcel 1 and have to
agree to that? Mr. Dawson said no, the tenants occupy individual trailer spaces
and which are not legally described nor legally subdivided. The old Seal Beach
Trailer Park was where the Riverbeach townhouses are today. When this park
was created a subdivision map was recorded and 80 lots were recorded on that
parcel for the townhouse project. This parcel, the Trailer Park, was left as it had
always been historically with no subdivision of lots.
Chairman Dahlman asked if a manufactured home was allowed to be built in the
Park? Mr. Dawson said he was allowed to build that one. Chairman Dahlman
said he didn't understand the land use decision by the Building Department to put
a single family house back in the corner surrounded by the trailers. Mr.
Whittenberg said the State of California requires cities to place no different
standards for the siting of a mobile home on an R-I single family lot which would
exist on the Hi11 et cetera, then is any different from normal standards for a site-
built house. It must have a foundation system and meet building code
requirements.
Persons Speaking in Favor
There were no persons wishing to speak in favor of this application.
Persons Speaking in Opposition
Karen Teracio * III Welcome Lane. Seal Beach
Ms. Teracio questioned the easement and staff explained the purpose of the
easement. Ms. Teracio said Park tenants want a security fence across the
entrance to the Park because they have been experiencing vandalism to their
personal property. Cars have been broken into and tires have been slashed. The
gate would be similar to the gate at Oakwood Apartments. Mr. Whittenberg said
if the Park owners agreed to a gate it would be possible but the Fire Department
would have to review it for adequate emergency access.
Ms. Teracio said the Park homeowners are finding it difficult to sell their
properties because no banks will finance in the Park any longer. She is being
told the whole situation is very unclear as far as the land ownership, what's going
on. She urged the Commission to postpone a decision on this matter until further
clarification is received.
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Page 13 - Planning Conmlission Minules of AugUM 18. 1993
Ms. Teracio said she felt the Planning Commission couldn't be separated from
the Redevelopment Agency. How can the number of spaces be played with? Mr.
Whittenberg said the rental restrictions between the Agency and the Park owners
pertain only to 120 spaces --- the other spaces have no restrictions as to rent
increases. He did not know if the other spaces were calculated into the rent
schedule. Ms. Teracio said "I really oppose decisions being made by people who
don't have the full information of things that are very, very important to these
issues" .
Mr. Steele explained the law has set up a three-part system to examine this kind
of issue. The Planning Commission looks at land use issues without including
economic impacts. The Commission makes recommendations to the City Council
and Redevelopment Agency. The Redevelopment Agency looks at that land use
decision in terms of the economic considerations that led the Agency to enter into
Owner Participation Agreements in the first place. The City Council looks at all
the issues --- the policy of the decision, the economic impacts on the residents
and Park owner, the interplay between all those factors. This is set forth in
Government Code, Section 66412(d). Mr. Steele stated there is a public comment
period for each item at both the Redevelopment Agency and the City Council.
Ms. Teracio said rent control didn't work against Park homeowners as regards
a bank financing a purchase. Chairman Dahlman said he thought banks would
look at their risk in terms of what happens if a borrower defaults? The bank
would then own the property. In the Park can the bank set what rent they want?
Or is there an outside agency controlling the rent? Ms. Teracio said when she
purchased her property the bank was enthusiastic that there was strong rent
control because the bank could then assess the value of the home because the rent
was a fixed cost.
Paul Jeffers * Space #8. Seal Beach Trailer Park
Mr. Jeffers expressed his concerns that the Park is decreasing in size. He urged
postponement for further review. He would like Mr. Dawson to designate which
spaces are his. He can just keep buying and selling. When an elderly person
dies the heirs have been told they are not given the right to inherit the space, it's
only the trailer. They have been told some of the trailers are too old and they
must be moved out. Mr. Dawson has acquired some of these lots and has built
houses on them and sold those houses. He is very concerned about keeping the
120 spaces to keep the rent control in the Park.
Rebuttal * Bill Dawson said removing this lot from the Park would not impact
anybody's rent. Park rents are scheduled on 125 spaces. Management adjusts
them according to the formula that's in the covenants. Management assigns the
same rent to this space. In that sense, it could be said that Mr. Dawson is taking
the money out of his pocket to pay the rent on this space.
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Page 14 - Planning Conullission Minutes of August 18, J 993
Commissioner Soukup asked what the zoning is on the three parcels that Mr.
Dawson has control over? Mr. Dawson said "R-3". If this application is
approved, and this owner gets fee simple, does that then becomes R-l? Mr.
Dawson said no, that ownership of the land and zoning are different. A Specific
Plan overlays the R-3 zoning. Mr. Curtis explained the zoning is Residential
High Density (RHD) and it provides for a minimum 960 square feet of land area
in this case to have a dwelling unit. The subject property could theoretically have
more than one dwelling unit on it. However, they would have to provide
required setbacks, parking to do that. The City no longer has R-l, R-2, R-3
zoning.
Mr. Steele said this property will be subject to the CC&R's which are in place
for the Park.
Mr. Curtis said the City received a telephone call from Sonia Soniu in favor of
approving this application. She asked that if the Commission weren't going to
approve this tonight they continue this item to allow her to be at the next meeting.
The Public Hearing was closed.
Commission Comments
Chairman Dahlman said he would like the issues on rent control and leases to be
the considered by the Redevelopment Agency. He felt the placement of space
lines would probably help bankers feel more confident in the lending practices.
He wondered if rent control would work against the tenants in this regard.
Commissioner Sharp said his concerns have been answered. He noted the City
has very little control over the Park.
MOTION by Sha.'p; SECOND by Law to approve Lot Line Adjustment #93-1
through the adoption of Resolution No. 93-42, recommending to the
Redevelopment Agency and the Cit.y Council that they approve this
application.
Before the vote Commissioner Soukup that if approved, this lot will be a part of
the Seal Beach Trailer Park in the sense that the CC&R's will be adhered to and
the easements giving access to the property will remain. The fact that Mr.
Dawson is changing lot lines that underlie the project does not change the fact
that there is a lot encompassing the body of the Park. Within the legal confines
of the law Mr. Dawson is allowed to do this.
Chairman Dahlman agreed but noted significant issues have been raised. It has
been thoroughly pointed out that it is not the Planning Commission's concern.
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Page IS - Planning Coounission Minutes of AuguSll8, 1993
If the Motion would include some warning to the Redevelopment Agency that
these issues have been raised and that the Planning Commission recommends they
look at these issues he could support this Motion.
Commissioner Sharp said he thought that would be a separate issue from the vote
on this. A separate vote should be taken for that.
MOTION CARRIED:
A YES:
4-0-0
Sharp, Law, Dahlman, Soukup
***
MOTION by Shal'p; SECOND by Dahlman directing Planning Department
staff to prepare an accompanying staff memorandum to the City Council and
Redevelopment Agency reflecting the Commission's concerns as part of the
Commission's action,
MOTION CARRIED:
A YES:
4-0-0
Sharp, Dahlman, Law, Soukup
***
5. Conditional Use Permit #93-11
Address: 12541 Seal Beach Boulevard
Business: Chevron Service Station
A pplicant: Robert Fiscus & Associates
Propel1y Owners: Chevl'on Products Co. USA, Inc.
Request: To remodel an existing automobile service
station to consist of relocation of existing
sales area to the interior and replacement
of signage. Remodel would add
approximately 170 square feet to existing
structure.
Staff Report
Mr. Curtis presented the staff report. [Staff report on file in the Planning
Department]. Mr. Curtis said an extra Condition must be placed as #15,
requiring the striping of eight (8) 9'x20' parking spaces.
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Page 16 - Planning COllunission Minutes of August 18. 1993
Commission Comments
Chairman Dahlman asked if the Public Notice reached Rossmoor residents? Mr.
Curtis said yes, it noticed 300' from the property, it went down Yellow tail Drive.
Mr. Curtis said staff, in September, will propose re-wording of "Incidental
Motorist Services and Supplies" to the Planning Commission.
Chairman Dahlman said he was pleased to see Chevron does not want to install
a mini-mart as that's consistent with City objectives.
Public Hearing
Mr. Fiscus said Chevron is in the process of upgrading its corporate image in
Southern California. The plans call for using standard parts and paints for repair
work. This will allow repair work to proceed more timely and will save the
company money. These plans call for upgrading the landscaping/planters at this
station.
Regarding Condition of Approval #5, Mr. Fiscus said staff's request for this
planter would cause circulation problems at the station as it would cause the drive
aisle to be too narrow.
Mr. Curtis explained he had not been able to discuss this condition with the
applicant. Staff knows this station slightly exceeds its landscaping requirement
but was trying to achieve more landscaping to spruce up the station. Staff agrees
this planter may be removed or allowing the additional walk way through the
other planter.
The Commission discussed the re-wording of Condition #5. It was decided to
leave the wording as stated but to change Exhibit A. The applicant agreed.
Mr. Fiscus expressed concerns about Condition of Approval #4, noting it is open-
ended by not stating specifically what conditions will be placed on the project by
the City Engineer. He expressed concerns that this could cost Chevron a lot of
money. Mr. Whittenberg assured Mr. Fiscus that the City Engineer would be
looking at drainage problems, and replacement of deteriorated curbs, gutters or
sidewalks.
Mr. Fiscus corrected the staff report, stating this station does wish to sell gasoline
from 2:00 a.m. to 6:00 a.m. He said he was not aware this request had to be
part of the Public Notice. After conferring with Chevron's representatives, Mr.
Fiscus stated they wished to proceed with tonight's agenda and apply for a CUP
for operating hours of 2:00 a.m. to 6:00 a.m. and come back to the Commission
with that application.
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Page 17 - Planning Coounissioo Minutes of August 18, 1993
Mr. Steele re-stated the wording for Condition #15:
15. The applicant shall supply a minimum of eight (8) striped parking
spaces on the subject property.
There were no persons wishing to speak in favor of or against this application.
The Public Hearing was closed.
MOTION by Sharp; SECOND by Dahlman to approve Conditional Use
Permit #93-11 through the adoption of Resolution No. 93-42. This will
include a revision to Exhibit A for Condition #5 on the landscaped areas and
the addition of Condition #15 regarding restriping of parking spaces as
stated.
MOTION CARRIED:
A YES:
4-0-0
Sh3l"p, Dahlman, Law, Soukup
***
VI.
ORAL COMMUNICATIONS
There were no oral communications.
VII.
STAFF CONCERNS
Mr. Whittenberg said the orientation and fly-over of the Los Alamitos Armed
Forces Reserve Center has been arranged for August 24th; a memorandum was
provided to the Commissioners.
VIII.
COMMISSION CONCERNS
Commissioner Law said she missed Commissioner Phil Fife. Chairman Dahlman
agreed, saying the Commission would miss Phil Fife and it wouldn't feel the
same. He noted a Resolution was being prepared in honor of Mr. Fife and the
Commission will meet with him on September 22, 1993.
Chairman Dahlman announced a benefit for the Los Alamitos Cancer Support
Foundation. They are holding a Casino Night on September 10th from 7:00 -
11:00 p.m.
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Page 18 - Planning Cnmmiuioo Minura of Aug1IIt 18. 1993
IX.
ADJOURNMENT
Chairman Dahlman adjourned the meeting at 10:00 p.m.
Respectfully Submitted:
~~~Q,a~
10 Fillmann
Recording Secretary
APPROVAL: The Planning Commi~s~<Jn~Minutes of August 18, 1993 were
approved on September l, 1993. ~