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HomeMy WebLinkAboutCC Min 1987-09-29 9-29-87 Seal Beach, California September 29, 1987 The City Council of the City of Seal Beach met in regular adjourned session at 7:00 o'clock p.m. with Mayor Wilson calling the meeting to order. Councilman Grgas led the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Grgas, Hunt, Risner I Absent: Councilman Clift Also present: Mr. Joseph, Assistant City Manager Mr. Rudell, Assistant City Attorney Mrs. Walker, Administrative Aide/Planning Mrs. Yeo, City Clerk WAIVER OF FULL READING Grgas moved, second by Hunt, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Grgas, Hunt, Risner, Wilson None Clift Motion carried CONTINUED PUBLIC HEARING - GENERAL PLAN AMENDMENT 2a-87 and ZONE CHANGE 3-87 - 345 - 10th STREET - TSCHUDIN Mayor Wilson declared the continued public hearing open to 1- consider proposed General Plan Amendment 2a-87 and Zone Change 3-87, changing the zoning designation for property located at 345 - 10th Street from General Commercial to. High Density Residential. The City Clerk reported that notice of the public hearing had been published as required by law, the public hearing continued from September 21st with the notice of that action posted as required, and reported a communication received September 28th from Michelle A. Brendel relating to the proposed zone change, copies of which had been provided to the City Council. Mayor Wilson invited members of the audience wishing to speak to this matter to come to the microphone and state their name and address for the record. Ms. Becky Laterie, 331 - 10th Street, stated she moved into the subject neighborhood after the swim school was closed, noting her prior concern with the number of cars generated by the swim school use and the potential for a child being abducted. Ms. Paula Shears, 299 Electric Avenue, advised that she recently built the new residential units at 331 and 333 - 10th Street, lots that were previously vacant and unkept, also that she was speaking on behalf of the purchasers of the property at 333 - 10th Street, and stated that neighbors are now upgrading their properties which has resulted in an overall improvement to this neighborhood. Ms. Shears I objected to the location of a swim school adjacent to this residential area, citing the amount of traffic, lack of parking, the non-use by swim school patrons of parking facilities at the church, stated she and other neighbors would request that the swim school use be located in another area, and expressed her support for the zone change and a residential use at the subject location. Mr. John Tschudin, applicant, was duly sworn by the Clerk, and stated he was t 9-29-87 '1 the owner/builder of the proposed project, that he had come to agreement with the owners of the property, the swim school operators, to purchase the property after the closing of the school, and stated he felt that the residential use would better serve the community than would the swim school at this location. In response to Council, Mr. Tschudin advised that he would live in this residence if feasible, otherwise it would be sold after construction, not used as a rental. Mr. Tschudin submitted communications from persons in support of the zone change. Mayor Wilson reported those communications, two by telephone conversation, were from Donald Cleghorn, seller of the property, Helen L. paris, 313 - 10th street, Becky Lettieri Lynn, 331 - 10th Street, Betsy War, 320 - 10th Street, Juanita Newman, 250 Main Street, and Robert Olmstad, resident. Councilman Grgas reported Ms. Joyce Rutledge, 329 - lOth Street, had expressed support for the zone change to him by telephone. Mr. Bruce Stark, Ocean Avenue, asked that Councilmember Risner abstain from acting on this matter as he felt the property owners had been active in her election campaign. I Ms. Ginny Blahive introduced herself and her husband, and advised of their desire to purchase the subject property and conduct a swim school at the location. She stated she has been in this type of business for approximately twelve years, that they are aware of the parking problem, that the purchase would be contingent upon use of the church parking lot with a strict policy that such parking be used by school patrons. Ms. Blahive advised she has operated the Water Safe Swim School in Anaheim for approximately eight years, prior to that provided swim lessons at private residences, and stated she was unaware of any other private swim school in the area, the Belmont pool being public. Ms. Martha Brock, 233 - 15th Street, reported her son was a prior student of the school and would be again if it were reopened, and stated her support for this type of community service that is within walking distance. She expressed her feeling that although parking may have posed a problem in the past it could be resolved through enforcement. She added that although the property is located near residential properties, it is also adjacent to commercial uses, therefore retaining the present zoning would not be unusual. Ms. Sandy Sova, Los Alamitos resident, spoke in support of the qualifications and experience of Ms. Blahive, and for reestablishing the swim school. Mr. Rex Smith, 216 - 15th . Street, noted comments made with regard to safety, traffic, and property values, stating he felt the greatest value of retaining the swim school would be to provide all children with swim lessons especially given the proximity of the ocean. Ms. Debbie Daniello, 408 Marble Cove, Director of Under The Rainbow child care, spoke in support of the privately operated swim school that had been closed only due to unavoidable circumstances, noting that other community swim facilities cannot meet the needs of working parents. She reported that children in the care of Under the Rainbow were often taken to the swim school to receive lessons if space was available, and stated that although parking availability could have been more clearly posted, and child abduction is a concern of everyone, she would support reopening of the swim school. Ms. Daniello noted that if the subject property were rezoned, the new residential dwelling would also abut commercial property, and that prior to the school closing, in addition to the private swim lessons for young children the pool was patronized by others from the downtown area and from Leisure World for swimming and exercise. Ms. Debbie McGinnis, resident of West Garden Grove, spoke in support of the swimming instructions provided by Ms. Blahive, and for reestablishing the local I 9-29-87 swim school. Mr. Jim Liston, 302 -14th Street, expressed some disappointment with swimming lessons provided at the McGaugh Pool, and spoke for reopening the swim school. Mrs. Nancy Grgas, 16th Street, spoke in favor of retaining the swim school use on the subject property, allowing the option to seek private swim instruction and the opportunity to use such a facility after the normal working day. Son Jeffrey added his support. Ms. Kim Wilson expressed her feeling of the importance of providing water safety to children. Mrs. Jamie Smith, 216 -15th Street, spoke in support of reestablishing the swim school with particular emphasis on its availability to working parents at the close of the business day. Ms. Bobbie Williams, 209 - 15th Street, spoke in support of the swim school, and stated she felt parking issues could be resolved through agreement with the church and enforcement by the property owner, stating that parking problems are customary in any beach community, also that she would be interested in participating in adult programs at the school. A Long Beach peninsula resident also expressed support for the instructions offered by Ms. Blahive, and stated she felt she would provide an outstanding operation for the city. Mr. Jim Blahive, Anaheim, noted that they have also faced parking problems in the City of Anaheim which have been resolved by monitoring and working with the patrons, that their programs could serve a large number of children in the community as well as provide exercise, senior, skin diving and snorkling programs. Mr. Jeff Vanvolkenberg, former resident of 425 Opal Cove, expressed his support for the zone change, stating that in his opinion there is no guarantee that the use will remain as a swim school, the possibility being that the existing structure/ use could be demolished and subsequently a zone change requested. The staff confirmed that a demolition permit would be necessary in that case. Councilman Grgas noted the public support expressed for retaining the swim school, also that if the property remains commercial any plan for change of use would require City approval and most likely variances for parking, etc. Ms. Pat Zoomo, manager of the swim school located in Anaheim, spoke in support of that operation and the intent to serve the public interest, stating that if parking is the major concern at this location enforcement would be done on an individual basis with the patron, also that an attendant could be on duty at the church parking lot if determined to be necessary. There being no further testimony, Mayor Wilson declared the public hearing closed. The Assistant City Manager pointed out that while the matter under consideration is a zone change from commercial to residential, the use as a swim school also appeared to be at issue, and requested a staff explanation as to the procedure that would be required to reopen the swim school since the property has not been used as such for a period of time. Councilmember Risner asked what constitutes abandonment, stating that she understood that the school has been used for free play during this period although there have been no swim lessons. Mrs. Pam Walker, Development Services Department, advised that the Municipal Code states that if a nonconforming use is discontinued for a period of three consecutive months, that use shall be considered abandoned and therefore could be used only in accordance with regulations for the district and zone in which the property is located. With regard to whether or not the swim school and free play could be considered the same use, the Assistant City Attorney advised that more information would be necessary to make that determination, whether a fee is paid, whether supervision is the same, etc. Assuming that a nonconforming use is deemed to have been discontinued, Mrs. Walker explained that in most cases when a new use is I I I 9-29-87 I established the City staff is made aware of it through a business license application or at the time plans for alteration are submitted. She stated that in this case, the use would be found nonconforming primarily due to the inability to provide parking on-site, also that every use in the C-2 zone is required to be completely enclosed, a swim school not being one of the specific exceptions to that Code requirement. Mrs. Walker advised that all zoning code requirements for setbacks, landscaping, parking, complete enclosure, etc. would need to be met for the school to reopen, that it may be possible to make certain determinations through a visit to the site, however the submittal of plans may be required. She further explained that the Code does not specifically set forth a parking ratio requirement for swim schools however does provide that the Planning Commission can make such determinations, also that the Code does allow parking to be obtained within three hundred feet off-site and in that case the staff requires a written agreement for such parking. Mrs. Walker added that once all Code requirements are met, the proposal would be submitted to the Coastal Commission for review and approval due to its abandoned use status, as it would be considered an intensification of use. With regard to an understanding that there had been a previous request by the owner to enclose the pool, which was denied by the County Health Department, Ms. Walker stated it is possible that the City Code may be inconsistent with County Codes. In response to the communication received by Council from Ms. Brendel questioning the continued public hearing and delay of approving the zone change, Councilmember Risner explained that public hearings are often continued in order to obtain additional information or to allow the greatest amount of public input, that the Council endeavors to hear and be as responsive to the citizenry as possible, and further, referred to a section of an initiative being circulated that would limit decisions made by the Planning Commission and Council, more specifically that any present land use must remain as such unless approved by a vote of the people. Also with regard to a statement in that communication alleging conflict of interest as the result of participation in an election campaign, the Assistant City Attorney advised that there is no requirement in the Government Code, the Political Reform Act, or statutes that govern the actions of council members that requires a City Council member to abstain from participating in public hearings where the applicant may have participated in or contributed to a political campaign of the official, that the Political Reform Act specifically does not apply to elected officials and city councils when acting in connection with a public hearing, therefore no abstention or nonparticipation is required. With regard to notice of the public hearing, he advised that it was his opinion that notice was properly given for the originally scheduled hearing, as was the notice for continuation of the hearing. Councilman Grgas also commented on the conflict of interest allegations, and stated further that given the compact nature of the community and the often competing needs, there is a necessity to work together in recognizing and satisfying the needs of all residents. Noting the public testimony and community interest in support of retaining the swim school use of the subject property, Councilman Grgas indicated his intent to support denial of the zone change at this time. Councilmember Risner concurred. I I The Council declared a recess at 8:20 p.m. and reconvened at 8:42 p.m. with Mayor Wilson calling the meeting to order. 9-29-87 In response to Council, Mrs. Walker confirmed that the proposal to rezone the property residential high density would be consistent with the zoning of the adjacent residential properties, and that should the property be determined to have been abandoned the process to reinstate the prior use could take up to three months to secure all necessary approvals. She also explained that the Coastal Commission staff has indicated they would require a review of the nonconforming use if it has been determined abandoned, particularly with regard to the required parking, however should it be determined the use was not abandoned the existing conditional use permit would continue for that use. Councilman Hunt stated that although he did recognize the benefit of the swim school to the community, he expressed concern with the possibility of being involved in a business transaction between private parties and questioned whether there could be any ethical or legal basis, should a decision be made to not rezone the property, for litigation against the City. The Assistant City Attorney responded that it is the obligation of the Council to weigh all of the representations that have been made in the course of the public hearing, take into consideration any reports and findings of the Planning Commission and arrive at a rational judgement as to whether the General Plan Amendment and zone change is warranted and justified, and once those factors are weighed a decision can be made that can be supported and free from legal attack, explaining that the City has considerable discretion as to whether or not to permit the change of land use and that there is no guarantee to private parties that such requests will receive approval. He added that he did not know nor should the Council be concerned with any conditions that may be set forth in the escrow documents for the property, nor would the Council have any liability with regard to consequences that may occur between the private parties should there be denial of the requested change of zone. Discussion continued. Members of the Council noted that it would be possible for the applicant to purchase the property under the current zoning, also that there is no certainty that the swim school will be reestablished. Staff clarified that should the swim school be proposed to be reestablished, the parking issue would be required to be considered by the Planning Commission under public hearing. RESOLUTION NUMBER 3721 - GENERAL PLAN AMENDMENT 2a-87 - 345 - 10th STREET Resolution Number 3721 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 2a-87 AND NEGATIVE DECLARATION 7-87, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FOR THE PROPERTY LOCATED AT 345 - 10th STREET FROM GENERAL COMMERCIAL TO HIGH DENSITY RESIDENTIAL.n By unanimous consent, full reading of Resolution Number 3721 was waived. In response to Council, Mrs. Walker explained that the act of denial would preclude reapplication for the zone change by any applicant for a period of one year, the exception being that denial without prejudice would allow reapplication at any time. Grgas moved, second by Risner, to deny General Plan Amendment 2a-87 without prejudice. AYES: NOES: ABSENT: Grgas, Hunt, Risner Wilson Clift Motion carried ORDINANCE NUMBER 1251 - ZONE CHANGE 3-87 - 345 - 10th STREET Ordinance Number 1251 was presented to Council entitled nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 3-87, A REQUEST TO REZONE THE PROPERTY I I I 9-29-87 AT 345 - 10th STREET FROM C-2 (GENERAL COMMERCIAL) TO RHO (HIGH DENSITY RESIDENTIAL)." By unanimous consent, full reading of Ordinance Number 1251 was waived. Grgas moved, second by Hunt, to deny Zone Change 3-87 without prejudice. AYES: NOES: ABSENT: Grgas, Hunt, Risner Wilson Clift Motion carried I RESOLUTION NUMBER 3728 - DENYING APPEAL - VARIANCE 6-87 - 326 - 12th STREET - BRENDEL Resolution Number 3728 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING THE APPEAL OF VARIANCE 6-87, A REQUEST TO ADD A 'lW0- CAR GARAGE AND A MASTER BEDROOM SUITE TO A NON-CONFORMING TRIPLEX AT 326 - 12th STREET.n By unanimous consent, full reading of Resolution Number 3728 was waived. Councilman Grgas noted his request at the prior meeting that the staff present the 31.5 dwelling unit per acre issue to the Planning Commission for reconsideration, with specific inquiry as to the basis for determining that density to be the threshold for allowing the ten percent expansion of non- conforming properties. He also requested that the Council consider denying this Appeal without prejudice, which would allow reapplication for the subject improvements after the matter is reconsidered and comments from the Commission are received. Mr. Grgas stated that the applicant has indicated a willingness to accept the ten percent increase. Grgas moved, second by Risner, to approve Resolution Number 3728 as amended to reflect denial of the Appeal without prejudice. I AYES: NOES: ABSENT: Grgas, Hunt, Risner Wilson Clift Motion carried ORDINANCE NUMBER l252 - LANDSCAPE REGULATIONS/REOUIREMENTS - NON-CONFORMING COMMERCIAL CENTERS - TWENTY ACRES OR GREATER Ordinance Number 1252 was presented to Council for second reading entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE ZONING REGULATIONS FOR NON-CONFORMING COMMERCIAL CENTERS AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA.n By unanimous consent, full reading of Ordinance Number 1252 was waived. Risner moved, second by Grgas, to adopt Ordinance Number 1252 as presented. AYES: NOES: ABSENT: Grgas, Hunt, Risner, Wilson None Clift Motion carried I ORDINANCE NUMBER 1253 - ESTABLISHING WATER UTILITY TURN-ON FEE Ordinance Number l253 was presented to Council for second reading entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA; IMPOSING A NON-REFUNDABLE TURN-ON FEE TO ESTABLISH WATER UTILITY SERVICE FOR NEW PATRONS, DELETING THE EXISTING REFUNDABLE SECURITY DEPOSIT, AND AMENDING THE SEAL BEACH MUNICIPAL CODE.n By unanimous consent, full reading of Ordinance Number 1253 was waived. Risner moved, second by Grgas, to adopt Ordinance Number 1253 as presented. AYES: NOES: ABSENT: Grgas, Hunt, Risner, Wilson None Cli ft Motion carried CONSENT CALENDAR - ITEM nFn Risner moved, second by Grgas, to approve the recommended action for items on the Consent Calendar as presented. 9-29-87 F. Granted a time extension until November l6, 1987, for the filing of the annual audit report by the City's auditors, Diehl, Evans and Company. AYES: NOES: ABSENT: Grgas Hunt, Risner, Wilson None Clift Motion carried CITY COUNCIL ITEMS I Councilman Grgas requested that the City Manager prepare a report for Council regarding the status of discussions with the Department of Water and Power regarding the DWP site. Councilmember Risner asked for an update regarding the request to look into the feasibility of a recreational vehicle parking area. ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Mr. Bruce Stark, 204 Ocean Avenue, made reference to the discussion relating to the appeal of Variance 6-87 and the apparent surprise by a number of persons that the ten percent one time increase of square footage was not applicable to all non-conforming properties. Mr. Stark noted his participation in the discussions relating to that zoning text amendment from which he did not recall the ten percent increase being contingent upon a density factor. Mr. Stark also questioned the authority of the Department of Water and Power to have fenced an area that is thought to be City property and shown on City maps as a continuation of Ocean Avenue to the San Gabriel River. Councilman Grgas responded that the question would be whether or not that property has been properly vacated and abandoned. There being no other communications, Mayor Wilson declared Oral Communications I' closed. CLOSED SESSION The City Attorney stated the Council would meet in Closed Session to discuss a matter of pending litigation. The Council adjourned to Closed Session at 9:15 p.m. and reconvened at 9:23 p.m. with Mayor Wilson calling the meeting to order. The City Attorney reported the Council had discussed a matter as previously reported. Mayor Wilson noted that the next regular meeting would be cancelled as a majority of the Council would be out of town, and after discussion the Council determined to adjourn the October 5th meeting until the l3th at 5:00 p.m., primarily to discuss the Orange County Transportation "Super" Committee report. Councilmember Risner asked if there would be any means to encourage the swim school use for the benefit of the community on the property previously discussed. The Assistant City Attorney responded that could be accomplished by reactivating the use although there would be a number of procedures to be followed to reestablish the swim school, noting also that there are a number of permitted uses in a C-2 zone. ADJOURNMENT Grgas moved, second by Hunt, to direct that a regular adjourned meeting be scheduled for Tuesday, October 13th at 5:00 p.m. 1 AYES: NOES: ABSENT: Grgas, Hunt, Risner, Wilson None Clift Motion carried The meeting adjourned at 9:27 p.m. by unanimous consent of the Council. 9-29-87 / 10-13-87 and ex-off~c~ City Council I Approved: ~ ~u)~.g~J Mayor Attest: J); Seal Beach, California October l3, 1987 The City Council of the City of Seal Beach met in regular adjourned session at 5:02 p.m. with Mayor Wilson calling the meeting to order. Councilmember Risner led the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Clift, Hunt, Risner I Absent: Councilmember Grgas Also present: Mr. Nelson, City Manager Mr. Joseph, Assistant City Manager Mr. Knight, Director of Development Services Mr. Hemphill, Director of Public Works/ City Engineer Mr. Osteen, Recreation Director Mrs. Yeo, City Clerk WAIVER OF FULL READING Risner moved, second by Clift, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried I AGENDA AMENDED Risner moved, second out of order at this by Clift, to consider agenda item "Bn time. AYES: NOES: ABSENT: Cli ft, None Grgas Hunt, Risner, Wilson Motion carried