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HomeMy WebLinkAboutPC Min 1997-01-08 f . " " . . I . \ ....,- ",. CITY OF SEAL BEACH PLANNING COMMiSSION AGENDA for JANUARY 8 9 1997 7:30 P.M. · City Council Chambers 211 Eighth Street, Seal Beach, CA 1996 Next Resolution: #97-1 I. fLEDGE OF ALLEGIANCE n. ROLL CALlt ill. AGENDA APP~OV AL By Motion of the Planning Commission, this is the time to: (a) (b) (c) Notify the public of any changes to the agenda~ Rearrange the order of the agenda; and/or 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. ',10: ..' - f IV. ORALCOMMUNlCATIONS At tl-Js time, members of the public may address the Planning Commission regarding 3~' any i.ems within the subject matter jurisdiction of the Planning Commission, provided '!>,- that NO action or discussion may be undertaken by the Planning Commission unless otherwise authorized by law. v. CONSENT CALENDAR 'Items on the Consent Calendar are considered to be routine and are enacted by one C aJ motion amless prior to enactment, a member of the Planning Commission, staff or the r.: public requests that a specific item be removed from Consent Calendar for separate :::__ action. II 1. Approve Planning Commission Minutes of December 18, 1996. VI. SCHEDULED WJTERS - None The Cit;y'pf'IScal Beach tompfies ,,'ith the Americans With Disabilities Act of 1990. If 3'i,,~ Illce€l' asiistance to', attcQ"'ttii""41!6~~:telel)bon~! tbe Cit3' Clerk's Office at lease 48 hours in ad"ant~ of this meeting. ,'t':~.. ~,flhis' ' .. , . I . -..- Page 2 - City of Seal Beach Planning Commission Agenda for January 8, 1997 Vll. PUBLIC HEARINGS 2. Zoning Text Amendment 96-8 (Continued from 10-09-96 and 11-06-96) Address: Applicant: Request: Recommendation: 313 Welcome Lane City of Seal Beach To consider an amendment to Section 28-2319(E)(3) of the Code of the City of Seal Beach, which requires a minimum setback of twenty (20) feet between second stories of structures within the Seal Beach Trailer Park. Specifically, the Commission will consider whether to retain, amend, or remove the current setback requirement. Approve, subject to any Conditions of Approval, through the adoption of Resolution No. 97-_. 3. Conditional Use Pea.mit 96-4 and Minor Plan Review 96-7 Address: Applicant: Property Owner: Request: Recommendation: vm. STAFF CONCERNS 236 Slh Street Brent Sears. Architect Jim Swanson To perform a major additiOn/remodel to a nonconforming duplex, including the provision of a four-car tandem garage (one tandem space), a 215 square foot addition to the front unit and a 610 square foot addition to the rear unit. The property currently provides none of the required on-site parking. Approve, subject to any conditions of approval, through the adoption of Resolutions 97-_ and 97- _, respectively. IX. CO:M'MJSSION CONCERNS x. ADJOURNMENT The Cit~. of Seal Beach com I) lies with the Americ~lIIs With Disllhilities Act of 1990. If ~'ou need assistllnce to attend this meeting,l)lense telel)hone the Cit~. Cle..I,'s Office at lense 48 hours in adnmce of this meeting. -;.. 1 :, Page 3 - City of Seal Beach Planning Commission Agenda for January 8, 1997 IAN 22 FEB 05 FEB 19 MAR 05 MAR 19 APR 09 APR 23 MAY 07 MAY 21 JUN 04 JUNIS 1UL09 . 1UL 23 I AUG 06 AUG 20 SEP 03 SEP 17 OCT OS OCT 22 NOV OS NOV 19 DEC 03 DEC17 , 1997 AGENDA FORECAST ZTA 97-1: Consider municipal Code amendments requiring a %" raceway from an electrical services panel for charging electric vehicles in aJl new residential garages. . TENTATIVE: Hellman Ranch application . Election ofChainnan & Vice Chainnan . CUP 96-1: Review at 12 months of Seal Beach Market. . CUP 94-4: 770 PCHlBurger King - Indefinite Extension The City of Seal Beach COmlJUeS with the Amcricans With Disabilitics Act of 1990. If )'OU necd assistance to attcnd this meeting, IJlcase tclCIJhonc the Cit)' Clcrk's Office atlcasc 48 hours in ad\'ancc of this meeting. .' . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES of JANUARY 8,1997 The City of Seal Beach Planning Commission met in regular session at 7:30 p.m. in City Council Chambers. The meeting began with the Salute to the Flag. ROLL CALL Present: Chairman Brown Commissioners Yost, Sharp, Law Also Present: Department of Development Services Lee Whittenberg, Director Craig Steele, Assistant City Attorney Joan Fillmann, Executive Secretary Absent: Commissioner Hood Barry Curtis, Associate Planner The Chair noted Commissioner Hood has an excused absence; he is traveling in Greece. AGENDA APPROVAL . MOTION by Sharp; SECOND by Law to approve the Agenda as presented. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Law, Yost, Brown Hood ORAL COMMUNICATIONS There were no oral communications from the audience. CONSENT CALENDAR MOTION by Sharp; SECOND by Law to approve the Consent Calendar as presented. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Law, Yost, Brown Hood SCHEDULED MATTERS There were no scheduled matters on the Agenda. . . . .' City of Seal Beach Planning Conunission Minutes of January 8, 1997 PUBLIC HEARINGS 2. Zoning Text Amendment 96-8 The City, as the applicant, requested the Planning Commission consider amending Section 28-2319(E)(3) of the City's municipal Code which requires a minimum 20' setback between second stories of structures in the Seal Beach Trailer Park. In April 1996 the City Council directed staff to research height limitations and setback requirements for two-story cabanas in the Seal Beach Trailer Park. The Council's action was a result of concerns expressed by a Trailer Park resident. Staff Report The staffreport was presented by Mr. Whittenberg. [Staff report on file.in the Planning Department for reference]. Commission Comments Bridgeport vs Seal Beach Trailer Park Commissioner Yost, noting the Bridgeport community requires a single-story house between two-story houses, asked if that requirement was in their covenants and restrictions? He asked staff to differentiate this community to the Trailer Park. Mr. Whittenberg explained Bridgeport is different than the Trailer Park because it's a zero lot line development. One side of the house is built on a property line and there are easements granted between the homeowners. The City does not require there be a one- story structure between two-story structures, that is required in their CC&Rs. Mr. Whittenberg was not familiar with the history of why the CC&R's mandated this requirement and assumed it was an issue of providing light and circulation to the single- story units. He noted that both Bridgeport and the Trailer Park have the same construction standards, like one-hour fire rated walls and sprinkler systems. What Has Changed? Chairman Brown asked staff, from their point of view, what has changed in thirteen years that the Planning Commission is now addressing this issue? Mr. Whittenberg said the City Council has responded to a request from a Trailer Park resident. The concern may not have been previously ~xpressed or addressed, however, the City Council has asked staff to revisit the issue. Staff would not have revisited this issue unless instructed to do so. Staff feels that standards work as they are. The only down side to the existing standards is that from a fire protection standpoint, the construction of the two-story cabanas provides a safer unit that leavin6 a single-story trailer in place. The two-story cabanas will have sprinkler systems and one-hour fire rated walls. 2 City ofSeaI Beach Planning Commission Minutes of January 8, 1997 . Old vs New State Regulations Commissioner Sharp explained that originally when modifications were made to trailers the trailer had to stay on site; they built around it. Now, State regulations allow the trailer to be taken out, all except the floor of the trailer. This leaves practically all new construction. He felt this improved fire safety. Mr. Whittenberg said this statement was generally correct. When the park was first established, State laws required the trailer to physically remain. It had to be able to be physically removed from the two-story cabana --- to be pulled out as a separate unit. In some of the earlier two-story cabanas the trailer is inside and is completely enclosed on both sides and the back leaving the front where the trailer can be slid out of the building. Over the years this has changed and the current requirement is for the floor to remain and the kitchen area has to remain. The kitchen may be remodeled but the basic fixtures must remain in their original locations. Public Hearing The following person spoke in favor of this application: Bruce Grossman * Cypress Mr. Grossman stated he is considering purchasing a unit in the Trailer Park. He felt second stories enhance the park. He encouraged approval of the ZT A. . The following persons spoke in opposition to this application: Gordon Shanks * 215 Surf Place. Seal Beach Mr. Shanks said he had more cumulative years of experience on this issue than any Commissioner. He was Chairman of the Relocation Board, Chairman of the Appeal Board and Chairman of the Project Area Committee for all but two years of its 22 years. His reasons for opposing this application were: 1. History of Pressure. The two-story cabanas were allowed in the late 1970's because Bill Dawson had the State assembly and legislature pass laws that applied literally and practically to only this trailer park. They came in with a large petition. Bill Dawson controlled that project very well. The pressure was on and so it was approved. "The pressure was always on when Mr. Dawson was alive ... he used to come on pretty strong". This is how the park grew to the way it is and why the City has so little control of the park. To lose what controls the City does have at this point would not be good. We don't need this pressure now. . 2. Low Income Retired. The original trailer park was comprised of 40% elderly retired persons. There were a few families with children and there were some students from Long Beach State. It was basically a childless community, frequently with a single resident. It has now changed totally. The dwellings 3 City of Seal Beach Planning Conunission Minutes of January 8, 1997 . are now large in square footage. This means none of the parking is adequate. There is a centralized parking lot and First Street is used as a parking lot for the Trailer Park. 3. Parking Problems. When discussing the 20' separation, the Old Town and Bridgeport areas have streets which are fairly wide and people can usually park on both sides of these streets. But the trailer park streets are very narrow. Now you have a man and woman each having a car. They frequently have children. This changes the nature of the intended park. There is greater fire damage in the trailer park because of such narrow alleys. You can get one fire truck in but you can't get another one around it; the park's a very narrow place. 4. No Recreation. There are no recreation facilities in the Trailer Park except for a tiny tot lot. The City of Seal Beach spent $1,000,000 to $2,000,000 of its Redevelopment Agency to funds to build the Seal Beach Trailer Park. To build and maintain houses for a number of elderly, low income people. It's not that anymore. "It was kind ofa travesty of the Redevelopment Agency". He urged the Commission to vote against this ZT A and leave the trailer park as it is. . Chairman Brown asked who owns the Seal Beach Trailer Park? Mr. Whittenberg said the park is in probate, since the death of Bill Dawson. Mike Hutton.. 38 Welcome Lane Mr. Hutton said he didn't want to lose his river and marina views by having a two-story cabana built next door to his. He said "If the Commission makes a rule it should be on an individual basis, as long as it doesn't upset your neighbors". Indicating he was in the construction field, he said that in other cities they must set up story poles. The neighbors get to look at them and everybody has to vote on it or have a hearing. Nine years ago he built by the rules and now he doesn't want to see them changed. "I don't think they should really be shoved down our throat like this". Commissioner Sharp said nothing was going to be shoved down his throat because the Planning Commission is holding this hearing and then the City Council will hold Public Hearings. Chairman Brown said he and Commissioner Sharp agreed that they don't want to hear individual hearings on those issues. Scott Wildman. 99 Welcome Lane. Seal Beach Mr. Wildman spoke about building his two-story cabana in 1981 and how he has no fire sprinklers or one-hour fire rated walls as they were not required at tha~ time. . 4 . . . city of Seal Beach Planning Commission Minutes of January 8, 1997 He said the trailer park's center island makes the park inaccessible to emergency vehicles. Allowing two-story cabanas 6' apart would make it more inaccessible and would limit light coming into the single story homes. He felt people built on the basis that there would not be another two-story cabana within 20'. He was in favor of maintaining the 20' separation. Commissioner Sharp asked how Mr. Wildman was able to remodel without retrofitting the existing structure for fire sprinklers? Mr. Whittenberg said at that time that was all that was required. Wendy Jones * 107 Welcome Lane. Seal Beach Ms. Jones said she felt the people who already have two-story cabanas and don't want others to have them are selfish and inconsiderate. She felt everybody needs more space and it doesn't deprive anyone of playgrounds for the children as Marina Park is just around the comer. She urged the Commission to vote in favor of this application. Mike Narz * 128 Cottonwood Avenue. Seal Beach Mr. Narz introduced himself as the resident manager of the Seal Beach Trailer Park. He said Carol Dawson is the park owner; she is Bill Dawson's widow. Regarding density, between Cottonwood Avenue and the wall there is only one row of trailers. On the other side of Cottonwood Avenue, there is again only one row of trailers. On Riversea, against the river, there's only one row of trailers. The only time you'd have a deep density is in the greenbelt area. Most of those lots have been turned against the street. He didn't think there's anything in the park that would get any deeper than any of those lots in town. Regarding sunlight, with one row of trailers there isn't someone blocking your light except in the greenbelt area. There you've got morning light or evening light, depending on which side of the street you live. Regarding parking, the park does have parking problems. They have 1.5 parking spaces per trailer. As you put four to five people into the home you'll have a parking problem. He said he didn't have a solution for that. Regarding street congestion, they have been trying very hard to get rid of the street parking problems for the month. Most of them have been cleared. Regarding emergency vehicles, they can always access the park because of its layout. They can go around the loop. You'd have to block two streets to have any side of the park blocked off at anyone time. Regarding children and places to play, the trailer park is across the street from Marina Park, one of the City's largest parks. 5 City of Seal Beach Planning Commission Minutes of January 8,1997 . The Park is in favor of allowing everyone to build to two-stories. It would eliminate everyone running to City Hall to get their plans approved before everyone else --- with no intention of really building. Commissioner Yost asked Mr. Narz ifhe was in receipt of the Orange County Fire Department's letter, dated December 9, 1996, included in the staff report? Mr. Narz said yes, he had read it. Mr. Narz said he had been placing notes on offending street-parking vehicles within the park. The note said "Please don't park here it's a fire lane". But he felt residents disregarded his notes. Although he has the right he said he didn't want to tow his tenants cars and suggested a month of City Police Department ticketing might gain compliance. This was done and seems to have worked. Commissioner Yost asked how many residents live in the trailer park at this time? Mr. Narz said approximately 2.2 per trailer. He didn't know the numbers of the children who have arrived recently. . Commissioner Yost asked what population density would he expect that to rise to if the City Council determines to allow two-story cabanas throughout the park? Mr. Narz said it would rise to some degree and he would have to come up with some parking somewhere. He would like to see some of the two-story cabanas provide their own on- site parking. He said one unit has a driveway and another has provided concrete strips in their front yard enough to accommodate one small car. If that trend would continue the park could solve its own parking problems. Regarding widening the streets, they are 2" short of what they need for on-street parking on one side. Commissioner Sharp asked how many single-story and two-story units were in the park? Mr. Narz said the park has approximately 125 trailers, 94 of which are one-story and 30 are two-story. There are 35 - 40 units which could build to two-stories. Chairman Brown asked what Mr. Narz does to achieve affordable housing at the park? Mr. Narz said before anyone is allowed to become a resident they complete a tenant eligibility determination form. They give last year's 1040 form which shows their income or they swear under penalty of perjury what their income was for this year. Commissioner Sharp asked what the OCHA income figures were for low and moderate income? Mr. Narz said the income figures are: $33,000 $49,600 One person One person Low Income Moderate Income . Rita Brenner * Seal Beach Trailer Park Resident Ms. Brenner has been a trailer park resident since 1976. She said that initially, when the trailers were removed and homes were installed they were to keep the kitchen and the flooring. But this was not monitored and many have had the trailer completely removed with perhaps one small scrap of metal remaining. She felt having two-story cabanas so 6 City ofSeaI Beach Planning Commission Minutes of Janulll)' 8, 1997 . close to each other would be unhealthy due to lack of air circulation and sunlight. The plumbing is inadequate. She said the park was to have two entrances in case of emergency and indicated the gate at Riverbeach townhomes is always locked. Parking is a problem. She said that while the park is to be for low/moderate income persons, now people are buying two or three and using them for rentals. She is in favor of maintaining the status quo. Mr. Whittenberg explained the gate between Riverbeach townhomes and the trailer park is a fire access gate. The Fire Department has a key or it can crash trough the gate with a vehicle. It's not to be used for general use to go between the communities. With no persons wishing to speak further, the Chair closed the Public Hearing. Commission Comments Commissioner Yost said he had concerns on parking and density. If there is trouble keeping the fire lane open now and density would increase by allowing two-story units on every lot, it will make the problem more difficult. While being sensitive to the idea that someone living in a one-story house may be deprived of the right to build a two-story house, they probably know that coming into the situation. It's been this way since 1983. . He also wanted to maintain the park as a low income site. He would favor leaving things as they are. Commissioner Sharp said he fought to prevent two-story cabanas eleven years ago. But State laws superseded City laws and the Commission was unable to stop them. Because of the type of construction, fire dangers, catastrophe dangers and everything else he was opposed to making any changes and/or making it any easier to build two-story cabanas. Commissioner Law said she favored leaving things as they are. There are homes in the park which can have two-stories now. She felt the density would be horrible if there were all two-story homes. Commissioner Brown said "If we can't make things better, at least let's not make them worse". He questioned what has changed in the last 13 years that would make the City change things. The Planning Commission's purpose is to represent the other property owners in the community as a whole and to look at the issues. If everybody in the park built two-story structures the density would go up, the parking problem would become worse and there would be less light, air and recreation facilities. The overall value, appearance and desirability of the park would go down. He said the Planning Commission wants to raise the living standards of the community. Also, when people purchase in the park they know going in what the rules and regulations are. They know whether they can or can't have two-story structures. . 7 . . . City of Seal Beach Planning<:ommission Minutes of January 8. 1997 His next concern is why does the trailer park exist? Ifit's to provide low and moderate income housing in the community that's good. But when two-story cabanas are built then the home values go up and the properties become less available to the persons who should be able to buy them. He didn't see any reason at this point to change the way things are and not to allow two-story cabanas on all the properties. Commissioner Yost responded to a prior comment that the two-story units were safer because they had greater fire requirements but if you really want to make things safer you could apply the same requirements to the one-story structures as well and then you'd have an overall safer trailer park. He said it didn't seem like a valid argument to him to allow two-story units because their construction would be newer and better. MOTION by Sharp; SECOND by Yost to recommend to the City Council that the current municipal Code provisions remain in place. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Yost, Law, Brown Hood Mr. Whittenberg advised that the recommendation will go to the City Council as an information item. If the Council desires to proceed with further consideration of the matter there would be a new Public Hearing advertised and legal Notices would be received. To have the City Council hear this matter an appeal of the Planning Commission's determination would have to be filed within ten calendar days at the City Clerk's Office. *** 3. Conditional Use Permit 96-4 and Minor Plan Review 96-7 236 5th Stree~ Staff Report The staffreport W&.J present~d by Mr. Whittenberg. [Staff report on file in the Plamling Department for ref.erence]. The applicant, Brent Sears, requested approval for a major addition and remodel to a nonconforming duplex, including the provision of a four..car tandem garage (one tandem space), a 215 square foot addition to the fror..t unit and a 610 square foot additio:l to the rear unit. The property currently provides none of the required on-site parking. Commission Ouestions on Staff Report Commissioner Sharp asked if this was before the Planning Commission because of the one tandem parking space? Mr. Whittenberg said yes and noted the site has no parking. Since there is no parking they must come before the Commission for the additions. 8 city ofSeaI Beach Planning Commission Minutes of January 8, 1997 . Commissioner Sharp said the staff report seemed to say the outside staircase has been relocated to the interior and asked if this was correct? Mr. Whittenberg said that was correct. It will be a duplex but the stairway to the unit above the garage will not be an exterior stairway. Chairman Brown asked if they were going to provide the required on-site parking, and if tandem parking is credited to the requirement? Mr. Whittenberg said yes. The Chair then asked if they could build whatever they want? Mr. Whittenberg said yes. They cannot get an approval to do that until they have obtained their permits to build just the garage. They did not want to get a permit for the garage and then have to come back later for separate permits for the additions. The Chair asked if in the area they are expanding "the floor area ration standards less than 10% of the allowable floor area? Mr. Whittenberg said the allowable building area on the lot would be 65% of 4406 square feet. They will have the required parking if the Commission approves the tandem parking. The Chair asked why the Commission was being asked to approve anything when the municipal Code says tandem spaces are allowed to be counted toward parking? Mr. Whittenberg said it's the issue of not having the tandem parking already there. Without the tandem parking they cannot build what they're wanting to build. . The Chair asked if the Minor Plan Review was for parking? Mr. Whittenberg said the Minor Plan Review is for the smaller addition to the front unit and the CUP is required for the construction of the second unit since the parking is not already on the property. The Chair said that was not what the staff report said. Mr. Whittenberg said he would recheck the staff report and the code. Public Hearing Brent Sears. Architect Mr. Sears jokingly said he was now confused himselfl He then reviewed the application, explaining there is a small, 1000 square foot house at the front ofthe lot. At the rear of the lot, there's another unit which will have to be tom down to accommodate the parking. He noted he has done several homes in Seal Beach and thought you could build a three story home on a 37.5' lot. Mr. Whittenberg said that was correct. Mr. Sears said Mr. Swanson, the property owner, purchased this house and plans to live in the front unit. He's a single parent and wants the rear unit for his adult children to stay in; he does not plan to rent it out. Mr. Sears said he tried to design a wall in the garage to separate the parking but Mr. Swanson said he didn't need a wall as he was not renting this property. The front house now is two bedrooms and will be remodeled. The addition of 215 square feet will be a new master bedroom. The old bedroom will become a bathroom and closet. . 9 City ofSea1 Beach Planning Commission Minutes of JanulU)' 8, 1997 . They are going to build a four-car garage and still try to maintain the large yard of 1600 square feet. The tandem parking is an attempt to maintain the large open space. The yard, 1600 square feet, of the lot's 4400 square feet is 35% or 40% of the lot. Then they will put a two-bedroom, one-bathroom unit above the garage. That will be 1029 square feet. It's not an addition to the existing unit as the existing unit will be demolished and this will be new construction. Chairman Brown asked if the staircase to the upper unit is outside? Mr. Sears said yes, they are shown as being outside on the plans as submitted. The stairs come down into the yard area. Chairman Brown asked if there were any provision for making the two units into one unit in the future? Mr. Sears said no but it could be done fairly easily. He noted that they have not come close to using the permitted lot coverage, so they would have enough room to conversion to one unit. Mr. Sears hoped the Commission would approve the project. With no one wishing to speak further, the Chair closed the Public Hearing. Commission Comments Mr. Whittenberg said his mis-spoke regarding the tandem parking. The tandem parking requires the Minor Plan Review. --. MOTION by Sharp; SECOND by Yost to approve Resolution 97-1, approving Conditional Use Permit 96-4 and Resolution 97-2 approving Minor Plan Review 96-7. MOTION CARRIED: AYES: ABSENT: 4-0-1 Sharp, Yost, Brown, Law Hood ApReal Mr. Steele indicated the Planning Commission's action is final tonight and the ten- calendar-day appeal period will be running tomorrow. Staff Concerns Mr. Whittenberg said the City had received a letter from Lillian Robles, a copy has been provided to the Commissioners, regarding the cultural resources on the Hellman property. The City's response letter was prepared and a copy will be mailed to the Commissioners. . Mr. Whittenberg said the Planning Commissioners have been provided with information on the Planning Commissioners Institute, Monterey, CA, March 12 - 14, 1997. The City has funds available to pay for registration. There was some discussion on the value of this particular seminar. Mr. Whittenberg said he would recommend this seminar over any others which Commissioners may wish to attend. 10 City ofSeal Beach Planning Commission Minutes of January 8. 1997 . Adjournment The Chairman adjourned the meeting at 8:50 p.m. Respectfully Submitted, ~D~ · Joan Fillmann Executive Secretary Department of Development Services APPROVAL: The Planning Commission ~nutes of January 8, 1997 were approved by the Planning Commission on February ~ 1997. J>>\"" . . 11