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HomeMy WebLinkAboutCC AG PKT 2003-10-13 #V I \ AGENDA REPORT ;fib O DATE: October 13, 2003 d f.1 ,,e TO: Honorable Mayor and City Council 0 It • THRU: John B. Bahorski, City Manager - f \ A` FROM: Lee Whittenberg, Director of Development Services SUBJECT: ZONE TEXT AMENDMENT 03 -2 — TWO -STORY CABANA STRUCTURES, SEAL BEACH TRAILER PARK SUMMARY OF REQUEST: Approve Zone Text Amendment 03 -2, as recommended by the Planning Commission. Introduce Ordinance No. , An Ordinance of the City of Seal Beach Amending Chapter 28, Section 28 -2319, "Development Standards For Two -Story Cabanas" (Zone Text Amendment 03 -2). BACKGROUND: • This Zone Text Amendment, as recommended by the Planning Commission, would eliminate the current separation distance standards for two -story cabanas for all trailer spaces within the Seal Beach Trailer Park (SBTP). This amendment proposes the following: ❑ Eliminate the current 20 -foot separation standard for two -story cabanas within the Seal Beach Trailer Park. ❑ Require compliance with the Title 25 requirements of the California Code of Regulations for the distance separation for two -story cabanas within the Seal Beach • Trailer Park. ❑ Allow for two -story cabanas within the Seal Beach Trailer Park under the current review process. ❑ Require all construction to comply with the standard construction requirements of the City pertaining to building, fire, electrical, plumbing, and mechanical uniform code requirements. The Planning Commission considered this matter at a public hearing on September 3, 2003. After receiving all testimony, both in favor and in opposition to the request, the Commission determined to recommend approval of the subject zone text amendment on a Agenda Item V Z. \My Documents\ZTA\ZTA 03 -2 CC Staff Report.Separation Standards.2 -story Cabanas.doc \LW \09 -30 -03 Public Hearing - Zone Text Amendment 03 -2 Two -Story Cabana Separation, Seal Beach Trailer Park City Council StuffReport October 13, 2003 5 -0 vote of the Commission. The recommendation of the Commission is set forth in Planning Conunission Resolution No. 03 -35 (Please refer to Attachment 2 to review Planning Conunission Resolution 03 -35). At the public hearing there were 7 letters received in favor of the proposed zone text amendment and 2 received in opposition. During the public hearing 7 persons spoke in favor and 2 persons spoke in opposition to the proposed zone text amendment (Please refer to Attachment 3 to review the Planning Commission Minutes of September 3, 2003 and to Attachment 5 to review the written communications received by the time of the Planning Commission Public Hearing). • The Planning Commission Staff Report of September 3, 2003 (Please refer to Attachment 4 to review the Planning Commission Staff Report) discussed the following major issues - regarding the proposed Zone Text Amendment: ❑ Authorization of Redevelopment Agency to Review the Separation Standard for Two - Story Cabanas; ❑ Comparison Summary of Lot/Trailer Space Sizes — "Surfside and Seal Beach Trailer Park; ❑ Construction and Fire Safety Concerns; ❑ Primary Policy Determination of the City; ❑ Public Comments Received by August 27, 2003; and ❑ Alternatives for Commission Consideration. The information contained within the Planning Commission Staff Report provides the overview of the issues before the City Council, and presents the information that the Commission considered in determining to recommend approval of the Zone Text Amendment. Staff will be available to address any questions the Council may have regarding the information in the Planning Commission Staff Report, the Planning Commission Minutes, and Planning Commission Resolution No. 03 -35. Based on the recommendation of the Planning Commission, staff has prepared an ordinance for introduction that would implement the recommendation of the Commission. If the City Council determines that no modifications are necessary upon completion of the public hearing, the ordinance would be appropriate to introduce. If modifications are determined appropriate, based on the public testimony and the deliberations of the City Council, staff will be prepared to propose modifications to the draft ordinance and return at a later City Council meeting for introduction of the revised ordinance. FISCAL IMPACT: Minimal. Costs will be borne by the City in publishing the adopted ordinance and in training staff as to the new requirements of the Zoning Code that would be implemented by adoption of the proposed ordinance. RECOMMENDATION: 2 ZTA 03 -2 CC Staff Report.Separation Standards.2 -story Cabanas Public Hearing - Zone Text Amendment 03 -2 Two -Story Cabana Separation, Seal Beach Trailer Park City Council Staff Report October 13, 2003 Approve Zone Text Amendment 03 -2, as recommended by the Planning Commission. Introduce Ordinance No. , An Ordinance of the City of Seal Beach Amending Chapter 28, Section 28 -2319, "Development Standards For Two -Story Cabanas" (Zone Text Amendment 03 -2). NOTED A ■ • /PROV ' 0 . / . . /, -ter_ ", ' _L.& A&_. _die. - Je Whittenberg .1 f B. Bahorski J j Aie D irector of Development Servic - : Manager Attachments: (5) Attachment 1: _ Ordinance No. , An Ordinance of the City of Seal . Beach Amending Chapter 28, Section 28 -2319, "Development Standards For Two -Story Cabanas" (Zone Text Amendment 03 -2) . Attachment 2: Planning Commission Resolution No. 03 -35, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Zone Text Amendment 03 -2, Eliminating Separation Standards for Two -Story Cabana Structures Attachment 3: Planning Commission Minute Excerpt re: Zone Text Amendment 03 -2, Planning Commission Meeting of September 3, 2003 Attachment 4: Planning Commission Staff Report re: Zone Text Amendment 03 -2 — Two -Story Cabana Structures, Seal Beach Trailer Park, Staff Report dated September 3, 2003 Attachment 5: Written Communications received re: Zone Text Amendment 03 -2 3 ZTA 03 -2 CC Staff Report.Separation Standards.2 -story Cabanas Public Hearing - Zone Text Amendment 03 -2 Two -Story Cabana Separation, Seal Beach Trailer Park City Council Staff Report October 13, 2003 ATTACHMENT 1 ORDINANCE NO. , AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28, SECTION 28 -2319, "DEVELOPMENT STANDARDS FOR TWO - STORY CABANAS" (ZONE TEXT AMENDMENT 03 -2) • 4 ZTA 03 -2 CC Staff Report.Separation Standards.2 -story Cabanas Public Hearing - Zone Text Amendment 03 -2 Two -Story Cabana Separation, Seal Beach Trailer Park City Council Staff Report October 13, 2003 ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28, SECTION 28 -2319, "DEVELOPMENT STANDARDS FOR TWO -STORY CABANAS" (ZONE TEXT - AMENDMENT 03 -2) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: , Section 1. At its meeting of September 3, 2003, the Planning Commission considered and recommended approval of Zone Text Amendment 03 -2. This amendment would: ❑ Eliminate the current 20 -foot separation standard for two -story cabanas within the Seal Beach Trailer Park. ❑ Require compliance with the Title - 25 requirements of the California Code of Regulations for the distance separation for two -story cabanas within the Seal Beach Trailer Park. ❑ Allow for two -story cabanas within the Seal Beach Trailer Park under the current review process. ❑ Require all construction to comply with the standard construction requirements of the City pertaining to building, fire, electrical, plumbing, and mechanical uniform code requirements. Currently the City does not allow for the construction of two -story cabana structures unless there is a 20 -foot separation - distance between such structures, or a variance has been granted to vary from the required separation distance. Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for • Zone Text Amendment 03 -2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in . land use limitations in average slope of less than 20% and does not result in any changes in land use or density; § 15268 (Ministerial Projects) because the proposed zoning text amendment is ministerial in nature; and, pursuant to § 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. 5 ZTA 03 -2 CC Staff Report.Separation Standards.2 -story Cabanas Public Hearing - Zone Text Amendment 03 -2 Two -Story Cabana Separation, Seal Beach Trailer Park City Council Staff Report October 13, 2003 Section 3. A duly noticed public hearing was held before the Planning Commission on September 3, 2003 to consider the subject applications. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said zone text amendment. Section 4. A duly noticed public hearing was held before the City Council on October 17, 2003 to consider the subject zone text amendment. At the public - hearing, the City Council invited and considered any and all testimony offered in favor or opposition to said zone text amendment. Section 5. Based on the foregoing Sections 1 through 4, the City Council hereby approves Zone Text Amendment 03 -2. Only Section 28- 2319.E.1 requires amendments and Section 28- 2319.E.3 is to be deleted and sections 28- 2919E.4 and 28- 2319.E.5 are to be renumbered; all other provisions of Section 28 -2319 remain unchanged. The City Council hereby amends Section 28 -2319 as indicated below: 1. Revise Section 28- 2319.E.1 to read as follows: J "E. Safety Requirements. 1. A life safety sprinkler ' system shall be installed throughout the trailer and cabana in accordance with the requirements set forth in the 2001 California Building Code, Section 1004.2.3.2, as locally amended by City of Seal Beach Ordinance No. 1488, Section 5- 30.12, Exception 7, as may be amended" 2. Delete Section 28- 2319.E.3 it its entirety. . 3. Renumber Sections 28- 2319.E.4 and 28- 2319.E.5 to read Section 28- 2319.E.3 - and 28- 2319.E.4, respectively. Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the , remaining portions of this Ordinance or any part thereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003. 6 ZTA 03 -2 CC Staff Report.Separation Standards.2 -story Cabanas Public Hearing - Zone Text Amendment 03 -2 Two -Story Cabana Separation, Seal Beach Trailer Park City Council Staff Report October 13, 2003 • MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA } ' COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting thereof held on the day of , 2003 and was passed, approved and adopted by the City Council at a meeting thereof held on the day of , 2003 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers • And do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk 7 ZTA 03 -2 CC Staff Report.Separation Standards.2 -story Cabanas Public Hearing - Zone Text Amendment 03 -2 Two -Story Cabana Separation, Seal Beach Trailer Park City Council Staff Report October 13, 2003 ATTACHMENT 2 , PLANNING COMMISSION RESOLUTION NO. 03 -35, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY _COUNCIL APPROVAL OF ZONE TEXT AMENDMENT 03 -2, ELIMINATING SEPARATION STANDARDS FOR TWO- STORY CABANA STRUCTURES J 8 • ZTA 03 -2 CC Staff Report.Separation Standards.2 -story Cabanas 0 /1VA 1 44 RESOLUTION NUMBER 03 - 35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE TEXT AMENDMENT 03 -2, ELIMINATING SEPARATION STANDARDS FOR TWO - STORY CABANA STRUCTURES THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. At its meeting of September 3, 2003, the Planning Commission considered Zone Text Amendment 03 -2. This amendment would: o Eliminate the current 20 -foot separation standard for two -story cabanas within the Seal Beach Trailer Park or eliminate the separation requirements within only certain portions of the Trailer Park. ❑ Require compliance with the Title 25 requirements of the California • Code of Regulations for the distance separation for two -story cabanas within the Seal Beach Trailer Park. o Allow for two -story cabanas within the Seal Beach Trailer Park under the current review, process. ❑ Require all construction to comply with the standard construction requirements of the City pertaining to building, fire, electrical, plumbing, and mechanical uniform code requirements. Currently the City does not allow for the construction of two -story cabana structures unless there is a 20 -foot separation distance between such structures, or a variance has been granted to vary from the required separation distance. Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zone Text Amendment 03 -2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in average slope of less than 20% and does not result in any changes in land use or density; § 15268 (Ministerial Projects) because the proposed zoning text amendment is ministerial in nature; and, pursuant to § 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held by the Planning Commission on September 3, 2003 to consider Zone Text Amendment 03 -2. Section 4. The record of the hearing of September 3, 2003 indicates the following: (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. (b) The City established height standards within the Seal Beach Trailer Park in 1983 by the adoption of Ordinance No. 1135 and established design standards Z \My,Docwnents \RESO\ZTA 03 -2 PC Reso (Cabana Separapon).doc \LW\09 -04 -03 Planning Corrvnrssron Resolution 03 -35 Zone Text Amendment 03 -2 Elimination of Cabana Separation Standard Septernber 3, 2003 and separation requirements for two -story cabanas within the Seal Beach Trailer Park in 1983 by the adoption of Ordinance No. 1137. (c) The proposed text amendment will revise the City's zoning ordinance and allow for the future construction of two -story cabana structures within the Seal Beach Trailer Park. (d) Spaces 42, 43, 69 through 91, and 95 through 113 within the Trailer Park are not able to accommodate the smallest, readily available mobile home /modular home (399 square feet), as currently manufactured by the major providers of such housing. This is a total of 43 trailer spaces, out of 125 spaces within the Seal Beach Trailer Park. (e) The Zoning Ordinance of the City currently requires a 20 -foot separation between "Two -Story Cabanas" pursuant to Section 28 -2319 of the Code. These standards could be interpreted to prohibit the location of two -story units that are manufactured homes unless there is compliance with the 20 -foot separation standard in the Code. This is the current interpretation of the Code that staff enforces. (f) Title 25 of the California Code of Regulations defines a "cabana" as "A portable, demountable, or permanent room enclosure or other building erected or constructed for human occupancy." , (g) New 2 -story homes are constructed within Surfside and Old Town that provide a 3 -foot setback from side property lines, as is required within the Trailer Park, in compliance with standard Building and Fire code requirements. (h) The 20 -foot separation provision for two -story cabanas currently . restrains the ability of residents of the Trailer Park to add additional second -story living area. This restriction is particularly restrictive when applied to the many of the trailer spaces, due to small size of those trailer space rent areas, in some cases as small as 23.5'x 23' -0 ". (i) In the community of Surfside and the Seal Beach Trailer Park, the predominant building site area is significantly smaller than exists within the Old Town area of 2,500 square feet, which is the most comparable traditional neighborhood area - within the City. Within Surfside a residential structure can be built to a maximum of 35' high by right, with minimum 3 -foot setbacks from adjoining property lines (exceptions are set forth for the property line facing a roadway). In Old Town, two- and three -story structures can be built by right depending on the lot width of the property, again with a minimum 3 -foot side yard setback. In Old Town lots that are at least 37.5 feet wide may construct a third story on the rear half of the lot. (j) The City has adopted local amendments to the building and fire codes that deal specifically with lots less than 1,000 square feet in size in Section 5 -30.22 of the Code. "Exception" 7 of this section applies to Surfside and to the very few lots within the remainder of the community that are less than 1,000 square feet in area. This provision has been in the Code of the City since at least 1980. This section states: . "Section 1004.2.3.2 - From individual floors is amended by amending Exception 4, and adding Exception 7 to read as follows: EXCEPTIONS: 4. Occupied roofs on Group R, Division 3. Occupied roof areas which have four hundred (400) square feet (37.16 m or less which is an open and unenclosed sun deck may have 1 exit if . located no higher than immediately above the second story, if - a two -story structure, or immediately above the third story, if a three -story structure. ZTA 03 -2 PC Reso (Cabana Separation) 2 Planning Commission Resolution 03 -35 Zone Text Amendment 03 -2 Elimination of Two -Stop• Cabana Separation Standard September 3, 2003 7. Group R, Division 3 Occupancies located on a lot with 1000 square feet of ground area or less may provide the following in -lieu of the second required exit: (a) A fixed emergency exit ladder from the top habitable . floor to natural grade. Other ladder systems approved by UL and ICBO may be used if approved by the Building Official; and (b) The dwelling shall contain a 13 -D fire sprinkler system, as approved by the Orange County Fire Authority and the Building Official." (k) The zoning provisions regarding the issue of two -story cabanas within the City also require the provision of fire sprinkler systems and are set forth at Section 28- 2319.E.1 of the Code, which reads as follows: • "E. Safety Requirements. 1. A life safety sprinkler system shall be installed throughout the trailer and cabana in accordance with the requirements set forth in National Fire Protection Association, Section No. 13D, 1980 Edition as may be amended." (1) From a public safety standpoint, the same construction and fire sprinkler requirements are currently applicable to the trailer park as are applicable to Surfside and Old Town. (m) The proposed amendments, either for the entire park or for portions thereof, will still impose the measures unposed in 1983 by both the Fire Department and the City relative to construction standards and fire sprinkler systems. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28 -2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 03 -2 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. Specifically, this amendment would: ❑ Eliminate the current 20 -foot separation standard for two -story cabanas within the Seal Beach Trailer Park or eliminate the separation requirements - within only certain portions of the Trailer Park. ❑ Require compliance with the Title 25 requirements of the California Code of Regulations for the distance separation for two -story cabanas within the Seal Beach Trailer Park. _ ❑ Allow for two -story cabanas within the Seal Beach Trailer Park under the current review process. ❑ Require all construction to comply with the standard construction requirements of the City pertaining to building, fire, electrical, plumbing, and mechanical uniform code requirements. • ZTA 03 -2 PC Reso (Cabana Separation) 3 Planning Commission Resolution 03 -35 Zone Text Amendment 03 -2 Elimination of Two-Stoiy Cabana Separation Standard September 3, 2003 Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 03 -2 to the City Council as set forth on Exhibit A, attached to this resolution and incorporated herein. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 3rd day of September , 2003, by the following vote. AYES: Commissioners DEATON, EAGER, LADNER, SHANKS, AND SHARP NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Chairman of the Pla Commiss �n V ee Whittenberg Secretary of the Planning Conuni ion ZTA 03 -2 PC Reso (Cabana Separation) 4 Planning Comnusszon Resolution 03 -35 Zone Text Amendment 03 -2 Elimznatton of Two -Stay Cabana Separation Standard September 3, 2003 "EXHIBIT A" Section 28 -2319, "Development Standards for Two -Story Cabanas ", is revised to read as follows (new text is indicated by bold and double underline text and existing text to be deleted is indicated by ): "Section 28 -2319. Development Standards for Two -Story Cabanas. A. Purpose and Intent. In order to ensure the compatibility, safety and timely completion of two -story cabanas within a mobile home park or trailer park, the following development standards and procedures are established. B. Planning Commission Approval. Prior to the issuance of a permit for the construction of two -story cabanas within a mobile home park or trailer park, said permit applications shall be subject to architectural review and approval by the Planning Commission as authorized by the Seal Beach Redevelopment Agency. Determination that the proposed construction complies with the requirement of this Section and all applicable laws including the provisions in Title 25 of the California Administrative Code shall be made by the Building Department. C. Height Limits. 1. The maximum permitted building height shall not exceed two stories or 25 feet in overall height. 2. The area between 20 feet and 25 feet in overall height shall consist exclusively of roofing. D. Decks and Balconies. No decks or balconies shall be permitted above the floor level of a second story. E. Safety Requirements. 1. A life safety sprinkler system shall be installed throughout the trailer and cabafia in accordance with the requirements set forth the 2001 California Building Code, Section 1004.2.3.2, as locally amended by City of Seal Beach Ordinance No. 1488, Section 5- 30.22; Exception 7, as may be amended.' 2. The exterior of the cabafia shall be constructed of stucco, or 1 hour fire -rated material shall be installed under wood siding. 34.The setbacks- and clearances of Title 25, California Administrative Code shall be applicable to all two story cabanas. - ZTA 03 -2 PC Reso (Cabana Separation) 5 - Planning Commission Resolution 03 -35 Zone Text Amendment 03 -2 Elinunation of Two -Story Cabana Separation Standard September 3, 2003 4.The foregoing safety requirements of this subsection E, apply to all partially constructed two -story cabanas for which new building permits are required for completion of the cabana. F. Permit Expiration 1. In accordance with Section 1038(2), Title 25, California Administrative Code, all permits to construct or reconstruct a two -story cabana shall expire two years from the date the initial building permit is issued. 2. Upon the expiration of the two -year period in subsection F(1), all partially completed improvements shall be removed within 90 days of written notice by the City Building Department." * * * * r ZTA 03 -2 PC Reso (Cabana Separation) 6 Public Hearing - Zone Text Amendment 03 -2 Two -Story Cabana Separation, Seal Beach Trailer Park City Council Staff Report October 13, 2003 ATTACHMENT 3 PLANNING COMMISSION MINUTE EXCERPT RE ZONE TEXT AMENDMENT 03 -2, PLANNING COMMISSION MEETING OF SEPTEMBER 3, 2003 , 9 ZTA 03 -2 CC Staff Report.Separation Standards.2 -story Cabanas City of Seal Beach Planning Commission Meeting Minutes of September 3, 2003 1 PUBLIC HEARINGS 3 3. Zone Text Amendment 03 -2 4 Seal Beach Trailer Park 5 6 Applicant/Owner: City of Seal Beach /LINC Housing 7 Request: Consider an amendment to the Zoning Ordinance to 8 - eliminate the current separation standards for two -story 9 cabana structures within the Seal Beach Trailer Park, or 10 within identified areas of the trailer park. The current Code • 11 requires a 20 -foot separation distance between two -story 12 cabana structures. 13 14 Recommendation: Approval subject to conditions and adoption of Resolution 15 03 -35. 16 17 Staff Report 18 19 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the 20 Planning Department.) He provided some background information on this item and 21 stated that the proposal is to consider the elimination of the 20 -foot separation distance 22 for all of the spaces within the Seal Beach Trailer Park (SBTP), or to eliminate the 93 separation distance for specific spaces only. He noted that the City would continue to require compliance with Title 25, which is the state Code requirements on the actual z5 separation distances from trailer to cabana, or from a cabana to a cabana. He said that 26 any requests for a 2 -story cabana would still have to come before the Planning 27 , Commission (PC) for architectural review purposes, and all construction standards 28 would still have to comply with the City's Building Code. He indicated that with regard to 29 sprinkler systems, the Code requires residential sprinkler systems for all 2 -story cabana 30 structures. With the accompaniment of a PowerPoint presentation, the Director of 31 Development Services then explained that the existing Code for 2 -story cabana 32 structures was adopted in 1983 by Ordinance 1137. He indicated that each 33 Commissioner had been given a copy of a Staff Report providing an extensive history 34 dating back to the late 1970's up to 1983 of how the City came toy adopt its current 35 development standards for this type of structure. He referred to Section E -3, which 36 states, "no 2 -story cabana shall be located within 20 feet of an existing 2 -story cabana." 37 He indicated that these standards were adopted in 1983 and the- Code on any of the 38 section on 2 -story cabanas has not been revised since that time. He indicated that the 39 area that would be most comparable to the trailer park spaces would be the lots in the 40 Surfside Colony, where the smallest lots measure 25 x 35 feet. He noted that a 41 summary of the different lot sizes within Surfside Colony and a comparison to the trailer 42 park lots is provided in the Staff Report. As an example, Mr. Whittenberg stated that 43 lots measuring 800 square feet are approximately the size of a 4 -car garage, so a 1,000 44 square foot lot would be just a little larger. He noted that most of the lots in Old Town 45 measure 2,500 square feet and in College Park East they measure 5,000 square feet. - e reported that in Surfside Colony, A Row has 51 lots smaller than 1,000 square feet, Page 3 of 11 City of Seal Beach Planning Commission Meeting Minutes of September 3, 2003 1 B Row has 38, and C Row has 37 Tots of this size, which calculates into 38% of the lots 2 in Surfside measuring less than 1,000 square feet, 26% measuring between 1,000 and 3 1,100 square feet, and 36% larger than 1,125 square feet. He noted that the largest lot 4 in Surfside measure 3,869 square feet. Mr. Whittenberg stated that the lease areas 5 within the SBTP the sizes are fairly comparable with the Surfside lots. He indicated that 6 the central greenbelt area of the trailer park has 48 spaces, 30 of which measure less 7 than 900 square feet. For the remaining 77 spaces along the perimeter of the trailer 8 park, two are less than 900 square feet, with the maximum size for a space within the 9 greenbelt area at 1,600 square feet and the largest space within the trailer park 10 measuring 4,080 square, feet. He indicated that 26% of the spaces within the trailer 11 park measure less than 900 square feet, and 74% are larger. 12 13 The Director of Development Services then explained that fire safety has been a 14 continuous concern since 1983, and Staff has attempted to provide enough information 15 to demonstrate that the City has dealt with this issue both in the Building Code and the 16 Zoning Code since the early 1980's. He said that the Building Code contains specific 17 provisions for lots that are less than 1,000 square feet that require a 13 -D Fire Sprinkler 18 System, which is National Fire Protection Agency (NFPA) standard for residential fire 19 sprinkler systems. He said that this standard has been adopted for building Tots, which 20 are subdivided and can be sold and transferred. He noted that the trailer part spaces 21 cannot be sold and transferred, and are not applicable to the 1,000 square foot lot size. 22 He stated that when the City adopted the standards for the SBTP, the design standards 23 for 2 -story cabanas included the requirement to comply with the NFPA standard. He 24 referred to Page 10 of the Staff Report and indicated that this information was provided 25 by the Orange County Fire Department and states that "if the measures outlined by the 26 Fire Department are imposed as well as the City's building requirements, there should 27 be no foreseeable fire hazard connected with 2 -story cabanas," and " the mitigating 28 measures submitted by the Fire Department were developed on the premise that a 29 cabana could be built on each space." He said that this was not ultimately what the City 30 did approve, but the assumption from the Orange County Fire Authority (OCFA) was 31 that all of the spaces in the park could ultimately have a 2 -story cabana, and the 13 -D 32 Fire Sprinkler System satisfies the concerns of the Fire Department. 33 34 Mr. Whittenberg then stated that as Staff views the issue, the PC is dealing with a policy 35 issue as to whether or not to change the ultimate appearance of the trailer park by 36 allowing the opportunity for cabanas to be constructed on every space within the park. 37 He indicated that this would allow the residents the opportunity to expand their living 38 space and encourage more vertical structures within the trailer park. He pointed out 39 that Surfside Colony has the same building 3 -feet side and rear setbacks from property 40 lines as the trailers and cabanas within the trailer park. He explained that within 41 Surfside 3 -story homes can be constructed up to a maximum height of 35 feet, and 42 must provide the same 13 -D Fire Sprinkler systems as the trailer park requires for 43 cabanas. 44 45 Mr. Whittenberg summarized the four alternatives presented for consideration by the PC 46 as follows. Page 4of11 City of Seal Beach Planning Commission Meeting Minutes of September 3, 2003 1 A. Recommend elimination of 20 -foot separation standard for all 2 -story cabanas within the trailer park and require the minimum 6 -foot separation. 3 4 B. Recommend elimination of 20 -foot separation standard for "identified spaces" 5 within and adjacent to the "Greenbelt Area" of the trailer park. 6 7 C. Recommend modification of 20 -foot separation standard to something different 8 than proposed by Staff. 9 10 D. Recommend no amendments to the existing separation standards for two -story 11 cabana structures. 12 13 He then proceeded to describe the photographs shown in a visual presentation of 14 development setbacks within Old Town, Surfside Colony, and the setbacks for 2 -story 15 cabanas and trailers within the trailer park. He ended by stating that Staff is 16 recommending approval of Zone Text Amendment (ZTA) 03 -2, eliminating the 20 -foot 17 separation for 2 -story cabanas for all Tots within the trailer park. He then noted for the 18 record that a number of communications on this matter were received from the following 19 individuals: 20 21 Francis Little 16 Cottonwood Lane Favors 22 Ed & Mary Welz 825 Driftwood Favors 9 3 Sheri Diaz 50 Riversea Road Favors Jennifer Carlsson 29 Welcome Lane Favors 25 Penny Peddicord 43 Riversea Road Favors 26 Glenn A. Clark 12 Cottonwood Lane Favors 27 Steve & Carlene Mesner 338 Spinnaker Way Favors 28 29 Loydene & William Lazich 100 Electric Avenue Opposed 30 Stu Orton 49 Riversea Road Opposed 31 32 Copies were provided to the Commissioners. 33 34 Commission er Questions 35 36 Commissioner Deaton asked for a tally of letters received of those in favor and those 37 opposed to ZTA 03 -2. She then asked if any cabana constructed, regardless of lot size 38 would have to be sprinklered. Mr. Whittenberg confirmed that this was correct. 39 Commissioner Deaton then asked if the setbacks are measured? She said that she had 40 received a call from a resident of the trailer park who asserted that some of the ' 41 setbacks are not 3 feet. Mr. Whittenberg stated that over the years the State standards 42 have changed regarding what was allowable to build within trailer parks. He said that 43 when the trailer park was first relocated to its current location, the State standard was 44 that a trailer had to be 6 feet away from another trailer. At that time the State did not 45 deal with distance from a trailer space lease line. He continued by stating that as a cabana began to become more of an issue beginning in 1993, a lot division map was Page 5 of 11 City of Seal Beach Planning Commission Meeting Minutes of September 3, 2003 1 submitted to the City by the trailer park owner at that time to identify what the park 2 ownership considered as the trailer space lease lines, and since that time the City has 3 been using those lot dimensions for the setback standards. He said that this does not 4 mean that a pre- existing unit may already be located closer than 3 feet to a lot line, as in 5 many cases it was not possible to adjust the lines to meet a standard as many of them 6 were not correctly located when they were initially put in the park. He noted that any 7 new additions to the trailer park must comply with the 3 -foot setback distance from the 8 lease lines as indicated on the map of the trailer park. Commissioner Deaton confirmed 9 that in order for any cabana to be constructed, it would have to be 6 feet from the 10 neighboring cabana. Mr. Whittenberg stated that it would have to be 3 feet from the 11 trailer space lease line. He said that if the other unit on an adjoining lot is 2.5 feet from 12 the lease line, the City cannot require that the other unit be moved in order to meet the 13 3 -foot separation standard, but the new cabana would have to abide by the 3 -foot 14 setback standard. Commissioner Deaton inquired about parking. Mr. Whittenberg 15 reported that the SBTP has no parking requirements for each space, but has a common 16 parking area with the number of parking spaces having been determined at the time the 17 park was relocated to its current location. He said that the SBTP is not required to 18 provide a parking space immediately adjacent to each trailer space, primarily due to the 19 small trailer spaces that cannot accommodate parking. Commissioner Deaton 20 confirmed that although allowing more living space increases density, additional parking 21 is not required. Mr. Whittenberg stated that this would be similar to adding a bedroom 22 to a home in Old Town or on The Hill, yet the City only requires a 2 -car garage. He 23 noted that the common parking area in the trailer park accommodates approximately 24 190 cars and there are 125 trailer spaces. 25 26 Commissioner Eager asked for further clarification regarding the separation standard. 27 Mr. Whittenberg stated that by State law the requirement is now a 3 feet setback from 28 the trailer space lease line, so if adjoining structures both meet the standard, there 29 would be a 6 -foot separation between them. He reiterated that due to a specific 30 separation standard in previous years, some of the trailer spaces may be more than 6 31 feet apart and some may be less. 32 33 Commissioner Ladner asked how many cabanas currently exist in the trailer park. Mr. 34 Whittenberg stated the he believed there are approximately 30 cabanas., 35 36 Mr. Abbe recommended two minor changes to the proposed resolution as follows: 37 38 Page 17 - Paragraph J refers to a Section 5- 30.12, and this should be 39 listed as Section 5- 30.22. 40 41 Page 17 - Final paragraph, No. 2 paragraph should be numbered as 42 ' Paragraph 1 43 44 45 46 Page 6 of 11 City of Seal Beach Planning Commission Meeting Minutes of September 3, 2003 1 Public Hearing 3 Chairperson Sharp opened the public hearing. 4 5 , Judy J Naimi - Yazdi, 89 Riversea Road, stated that she lives in a single wide trailer in . + 6 the greenbelt area and when she bought into the park she was made aware that she 7 could not "build up" because she does have a two -story structure in front of her trailer G 8 space. She said that there is also an area in the center of the SBTP where the p` 9 residents are completely surrounded by mobile homes. She said that 7 trailers 10 surround her and 2 out of these are already built up with cabanas. She said that if all J 11 trailer residents are allowed to build up there will be no more green belt and her home 12 will be completely surrounded by shadows due to obscuring of the sun. She stated that 13 she opposes eliminating the 20 -foot separation standard. 14 15 Ed Welz, 825 Driftwood, stated that he is very much in favor of approving ZTA 03 -2. He 16 said that this is an issue of equal opportunity. He said the building codes for the trailer 17 park are arbitrary and somewhat capricious and there is no reason that they should be 18 different from what applies in the rest of the City. He stated that in 1983 everyone in the 19 City was focused on zero - growth and the concept of aesthetics and pushed this concept 20 onto the trailer park with the 20 -foot separation standard. He noted that usually all that 21 can be added with the 2 -story cabanas is an extra bedroom and bath, which would not 22 significantly increase the density in the park. He said that residents of SBTP should be 23 treated the same as the residents of Surfside and Old Town. He recommended f approval of ZTA 03 -2. 25 26 Mike Hutton, 38 Welcome Lane, stated that he had petitioned City Council a few years 27 ago to remove this 20 -foot separation standard. He reported that several years ago 28 there was a sewage spill and the County Health Department was called to come out 29 and clean it up. He said the trailer park is built to accommodate 125 trailers and would 30 not support additional bathrooms in the 2 -story cabanas. He reported that a 1 -1'/2" 31 supply would be necessary to supply the sprinker systems of each unit in the park 32 creating safety and health issues. He recommended denial of ZTA 03 -2. 33 34 Bob Latta, 94 Welcome Lane, said he does not oppose the 2 -story cabanas, but he is 35 concerned about residents renting or sub - leasing their cabanas. He encouraged 36 creating the requirement that only the trailer owners or immediate family be allowed to 37 reside in the cabanas and that a, survey of all the lot lines be conducted prior to allowing 38 more new construction of cabanas. 39 40 Mary Welz, 825 Driftwood, stated that her son and his wife, who are both disabled, live 41 in the trailer park with their two children and are planning on constructing a 2 -story 42 cabana with the 20 -foot setback at 48 Riversea Road. She said that all that could be 43 constructed on the second story would be one bedroom, a little 2nd bedroom, and one 44 bathroom. She said that downstairs would be a living room, one bathroom, one 45 bedroom. She stated that having a 2 -story cabana is important to growing families. 1 Page 7of11 City of Seal Beach Planning Commission Meeting Minutes of September 3, 2003 1 Linda Copeland, 90 Riversea Road, said she and her family live in a 2- bedroom trailer 2 and they would like to build up, but cannot due to being surrounded on either side by 2- 3 story cabanas. She recommended approval of ZTA 03 -2. 4 5 John McKee, 72 Riversea Road, said he had an opportunity to construct a 2 -story 6 cabana, but chose instead to build a single story. He said that currently there are many 7 people in the SBTP that have the option to construct a 2 -story cabana if they want to. 8 He commented that in the 12 years he has lived in the trailer park only two 2 -story 9 cabanas have been constructed. He said that if ZTA 03 -2 is approved many of the 10 trailer park residents will not construct 2 -story cabanas as it is difficult to meet the 11 building standards and it is very expensive to build. He stated that for those who can 12 afford to, it would be good to allow those residents to be able to build a cabana. He 13 noted that it was not fair that all residents are paying an increase in monthly rent, yet 14 have no more living space available to them. He recommended approval of ZTA 03 -2. 15 16 Ms. Karen Tarascio, 111 Welcome Lane, stated that her trailer is located on the 17 greenbelt and is completely surrounded on all sides. She indicated that the SBTP was 18 originally created to be the affordable housing for the City of Seal Beach, which she 19 believes carries with it the responsibility of ensuring that the housing is livable and 20 decent. She stated that many of the trailers along the greenbelt are currently vacant 21 because they are uninhabitable. She noted that in the last 1 years the realization has 22 come about that the ability of homeowners on the greenbelt to replace their trailers with 23 a manufacture home are limited because the lots are too small to accommodate a 24 ready -made manufactured home. Although trailers and manufactured housing are 25 considered to be the same, trailer park residents, and particularly those along the 26 greenbelt, would have to order a customized manufactured home to conform to the lot 27 size. She noted that required 3 -foot setbacks from all lot lines more severely limits the 28 size of the 2 -story cabana that can be placed on an individual lot along the greenbelt. 29 Chairperson Sharp interjected that the issue under consideration tonight is the 20 -foot 30 separation between 2 -story cabanas. Ms. Tarascio stated that she believes it is 31 important that Commission have as much information as possible in order to make a 32 good decision. She asked what was to be done to replace the inhabitable trailers. 33 Chairperson Sharp stated that this was not the issue at this time. Ms. Tarascio 34 countered that it is her problem. Chairperson Sharp stated that although Ms. Tarascio 35 feels this way, there is nothing that the Planning Commission can do about this tonight 36 and she should confine her comments to the topic of the 20 -foot separation standard. 37 Ms. Tarascio insisted that this was what she was doing as the residents of SBTP cannot 38 replace their home on the greenbelt with something that meets federal health and safety 39 standards unless the 20 -foot separation standard is waived. She asked if the 40 Commissioners had any questions. Commissioner Shanks stated that although the PC 41 understands Ms. Tarascio's point, the City Redevelopment Agency has looked into this 42 problem, and determining the type of mobile home that would be appropriate for the 43 trailer park is beyond the jurisdiction of the PC. Ms. Tarascio asked if copies of the 44 minutes of the Redevelopment Agency meetings on this issue were available. Mr. 45 Whittenberg interjected that copies of these minutes are available in the Staff Report. 46 Ms. Tarascio stated that she wanted to note that the water pipes also need replacing. Page 8 of 11 City of Seal Beach Planning Commission Meeting Minutes of September 3, 2003 (-% . . 1 Jess Roque, 101 Welcome Lane, stated that he recently purchased one of the abandoned mobile homes and noted that his home is surrounded by three 2 -story 3 cabanas. He said that his space would probably only accommodate a one - bedroom 4 home, or a two bedroom, two -story home. He continued by noting that it seems unfair 5 that the 20 -foot separation standard is not uniformly applied throughout the City, and he 6 does not feel that he should be restricted from being able to take full advantage of the 7 lot he has purchased. He recommended approval of ZTA 03 -2. 8 9 There being no one else wishing to speak, Chairperson Sharp closed the public 10 hearing. 11 12 Commissioner Comments 13 14 Chairperson Sharp stated that he had served on the PC during the time that the 20 -foot 15 separation standard was discussed. He said that at that time the PC had received 16 many recommendations to approve this standard for the safety of the residents of the 17 trailer park. 18 19 Commissioner Shanks stated that he had received a telephone call in opposition to ZTA 20 03 -2. He noted that the PC cannot get involved with the management of the trailer park 21 and if residents are having a problem they must go to the management of the trailer 22 park or to the Redevelopment Agency. He stated that the infrastructure of the trailer 23 park was constructed around 1980 and he has no doubt that the sewer and water lines 1. may need attention, but this is not a reason to not move forward. He indicated that z5 unfortunately some of the units along the greenbelt may lose some of their sunlight, but 26 the same thing could occur in Old Town or on The Hill. He said when you look at 27 Surfside there is no justification for having these restrictions in the trailer park. He said 28 the City needs a fair policy throughout and he would vote to approve ZTA 03 -2. 29 30 Commissioner Deaton stated that the City of Seal Beach inherited Surfside, and she 31 absolutely concurs that there should be no discrimination regarding distances between 32 homes throughout the City; however, if measurements are only taken to the property 33 line and housing ends up closer than 6 feet, this is not safe. She said that she did not 34 wish to be responsible for ignoring this possibility, in particular if there were insufficient 35 water for use in the event of fire. Commissioner Deaton stated that in order to ensure 36 safety, she would like to call for allowing the 2 -story cabanas on all units that will be 6 37 feet apart. 38 39 Commissioner Shanks asked how many of the existing 2 -story cabanas are closer than 40 6 feet, and would these applications have to come before the PC. Mr. Whittenberg 41 stated that any 2 -story proposal would have to come before the PC for approval. He 42 then noted that any structure built within 5 feet of a property line must have one -hour, 43 fire rated construction, and all manufactured homes must meet this standard. With 44 regard to the number of homes being closer than 6 feet, Mr. Whittenberg stated that 45 there are many older homes within Old Town that were built closer than the required 3 Qetback, but the City does not require a new home on an adjoining lot to be set back Page 9 of 11 City of Seal Beach Planning Commission Meeting Minutes of September 3, 2003 1 further than the standard building requirements because of the older home that exists 2 on the other property, since the new structure would have to have the one -hour 3 fire -rated construction. Commissioner Deaton then asked if the water pipes in the trailer 4 park are of a different caliber and condition than the rest of the City. Mr. Whittenberg 5 stated that he would not know this, as this is not an issue that is handled by the 6 Department of Development Services. He said that before a fire sprinkler system is 7 approved for installation, flow tests on the water line must be completed and approved 8 by the Fire Department to ensure that there is enough flow in the line to service the 9 sprinkler system. 10 11 Commissioner Eager inquired about the sewer system. Mr. Whittenberg stated that he 12 could not respond to this. 13 14 Chairperson Sharp stated that he has no objection to removing the 20 -foot separation 15 standard. 16 17 ' MOTION by Shanks; SECOND by Deaton to approve Zone Text Amendment 03 -2 and 18 adopt Resolution 03 -35 as amended. 19 20 MOTION CARRIED: 5 — 0 21 AYES: Sharp, Deaton, Eager, Ladner, and Shanks 22 NOES: None 23 ABSENT: None 24 25 Mr. Whittenberg advised that tonight's action is only a recommendation to City Council 26 and a future notice of public hearing will be circulated advising of the meeting date for 27 City Council to consider this recommendation. 28 29 30 STAFF CONCERNS 31 32 Mr. Whittenberg again welcomed Commissioner Eager to the Planning Commission. 33 34 35 COMMISSION CONCERNS 36 37 Commissioner Deaton asked for a status report on the Marina Drive Bridge. Mr. 38 Whittenberg reported that construction on replacement of the bridge has commenced 39 and during construction the bridge will have only one open lane in each direction. He 40 said that the California Coastal Commission (CCC) permits require that the City tear 41 down one half of the bridge, then rebuild it, and then proceed to do the same with the 42 other half of the bridge so that access between Seal Beach and Long Beach is available 43 s throughout the project. He indicated that a community meeting was conducted last 44 week to provide an update on the project. Commissioner Deaton asked if this were a 45 cooperative effort between the City of Seal Beach and the City of Long Beach. Mr. Page 10 of 11 Public Hearing - Zone Text Amendment 03 -2 Two -Story Cabana Separation, Seal Beach Trailer Park City Council Staff Report October 13, 2003 ATTACHMENT 4 PLANNING COMMISSION STAFF REPORT RE: ZONE TEXT AMENDMENT 03 -2 - - TWO -STORY CABANA STRUCTURES, SEAL BEACH TRAILER PARK, STAFF REPORT DATED SEPTEMBER 3, 2003 10 ZTA 03 -2 CC Staff Report.Separation Standards.2 -story Cabanas September 3, 2003 STAFF REPORT To: Honorable Chairman and Planning Commission From: Department of Development Services Subject: ZONE TEXT AMENDMENT 03 -2 - TWO -STORY CABANA STRUCTURES, SEAL BEACH TRAILER PARK SUMMARY OF REQUEST To consider an amendment to the Zoning Ordinance to eliminate the current separation distance standards for two -story cabanas within the Seal Beach Trailer Park (SBTP), or within identified areas of the SBTP. This amendment proposes the following: ❑ Eliminate the current 20 -foot separation standard for two -story cabanas within the Seal Beach Trailer Park or eliminate the separation requirements within only certain portions of the Trailer Park. ❑ Require compliance with the Title 25 requirements of the California Code of , Regulations for the distance separation for two -story cabanas within the Seal Beach Trailer Park. ❑ Allow for two -story cabanas within the Seal Beach Trailer Park under the current review process. ❑ Require all construction to comply with the standard construction requirements of the City pertaining to building, fire, electrical, plumbing, and mechanical uniform code requirements. BACKGROUND Authorization of Redevelopment Agency to review the Separation Standard for Two -Story Cabanas: On April 28, 2003 the Redevelopment Agency authorized staff to review the current development standards for two -story cabanas within the Trailer Park. Please refer to Attachment 4 for a copy of the Redevelopment Agency Staff Report and meeting minutes regarding this matter. Z:\My Documents\ZTA\ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas.doc \LW\08 -26 -03 Zoning Text .4mendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 As indicated in the April 28, 2003, Agency Staff Report: "The Redevelopment Agency has previously authorized the establishment of various grant and loan programs within the City that are designed to improve existing residential living units and provide secondary mortgage assistance in the purchasing of homes, including those within the Seal Beach Trailer Park. As these programs are now being implemented, staff is facing certain specific design - related issues regarding many of the smaller living units within the Seal Beach Trailer Park ( "Trailer Park "). Within the Trailer Park there are approximately 43 trailer spaces that are of such a small or unusual size that standard replacement mobile homes or manufactured homes are not readily available to fit on those spaces in accordance with the required setback provisions of Title 25 of the California Code of Regulations ( "Title 25'). Title 25 has specific setback requirements from trailer space lease lines that have to be met in locating new mobile homes or manufactured homes, or in permitting the addition of a "cabana" to an existing unit located within the Trailer Park. A review of the smallest size units now be produced by Silvercrest and Fleetwood indicate that those units are in the size range of 11 '-0" x 38'-10" to 11 '-9" x 33 ' -4 ", and containing approximately 399 square feet of living area. These are all 1- bedroom, single -story units. The minimum size of trailer space needed to accommodate these units, depending on the orientation of the trailer space to a street, are: Size of Unit Narrow Length of Wide Length of Space At Street Space at Street 11'-0"x38'-10" 17' -4'x 4P-10" 14'- 0'x44' -10" 11'- 2'x35' -2" 17'2 "x38' -2" 14'- 2'x41' -2" 11 '-4"x 35' -7" 17'-4"x38'-7" 14' -4 "x41 ' -7" 11 ' -8 "x35' -0" 17'-8"x38'-0" 14' -8 "x41 ' -0" 11'-9"x33'-4" 17'- 9'x36' -4 " 14' -9 "x39' -4 " Copies of several plans for these units are provided as Attachment 1 for the information of the Agency members. Spaces 42, 43, 69 through 91, 95 through 113 within the Trailer Park would not be able to accommodate the smallest, readily available mobile home /modular home (399 square feet), as currently manufactured by the major providers of such housing. This is a total of 43 trailer spaces. The spaces vary in size to such an extent that it is not possible to provide a custom design for each of approximately 30 different trailer space sizes encompassed in the 43 spaces under discussion. In looking at the trailer space sizes of these small spaces, it spears that there are perhaps 3 to 4 similar size ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 2 Zoning Text .4mendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 groupings that could be considered for the design of a standard plan. These standard plans would not allow the full utilization of all of the space area, due to slight differences in the size of similar -sized spaces, but would accommodate a reasonable sized unit. Staff would foresee the majority of . these units being 2 -story units. Please refer to the discussion below under Two -Story Cabana Separation Standard for further discussion on this concern. In reviewing this issue with our housing consultant, it seems that requesting proposals from several of the firms that currently manufacture mobile homes /modular homes is a reasonable, and hopefully cost effective, manner to address the issue of providing replacement living units on the small and unusual shaped trailer space areas within the Trailer Park. . Two -Story Cabana Separation Standard: The Zoning Ordinance of the City currently requires a 20 foot separation between "Two -Story Cabanas" pursuant to Section 28 -2319 of the Code. These standards could be interpreted to prohibit the location of two -story units that are manufactured homes unless there is compliance with the 20 foot separation standard in the Code. This is the current interpretation of the Code that staff enforces. Title 25 defines a "cabana" as "A portable, demountable, or permanent room enclosure or other building erected or constructed for human occupancy." In reviewing this issue, it is uncertain as to why there is still this restriction in the Code. New 2 -story homes are constructed within Surfside and Old Town that provide a 3-foot setback from side property lines, as is required within the Trailer Park, in compliance with standard Building and Fire code requirements. This provision currently restrains the ability of residents of the Trailer Park to add additional second -story living area. This restriction is particularly restrictive when applied to the trailer spaces being discussed above, due to small size of those trailer space rent area, in some cases as small as 23.5 x 23 '-0". Staff understands that these provisions do provide for building separations and reduce the overall intensity of development within the Trailer Park However, within the block encompassed by Riversea Road and Welcome Lane, it may be advantageous to review this requirement. The current requirements have the effect of eliminating certain spaces within the Trailer Park of having a second -story living area, if a trailer within 20 feet already has obtained approval from the City and constructed such a cabana. A reduced scale plan of the trailer spaces bounded by Riversea Road and Welcome Lane is provided as Attachment 2 for the information of the Agency members. Relief from this requirement in this area of the Trailer Park could allow for an increased living area on these very small trailer space rental areas. The ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 3 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 Agency may wish to provide direction to Staff regarding further investigation of this issue." Summary of Current Development Standards for Two -Story Cabanas: The City established design standards and separation requirements for two -story cabanas within the Seal Beach Trailer Park in 1983 by the adoption of Ordinance No. 1137. Please refer to Attachment 5 to review a summary of previous City actions regarding two -story cabanas. Those provisions have not been amended since 1983. Ordinance No. 1137 created Section 28 -2319 of the Zoning Code, which states: "Section 28 -2319. Development Standards for Two -Story Cabanas. A. Purpose and Intent. In order to ensure the compatibility, safety and timely completion of two -story cabanas within a mobile home park or trailer park, the following development standards and procedures are established. B. Planning Commission Approval. Prior to the issuance of a permit for the construction of two -story cabanas within a mobile home park or trailer park, said permit applications shall be subject to architectural review and approval by the Planning Commission as authorized by the Seal Beach Redevelopment Agency. Determination that the proposed construction complies with the requirement of this Section and all applicable laws including the provisions in Title 25 of the California Administrative Code shall be made by the Building Department. C. Height Limits. (1) The maximum permitted building height shall not exceed two stories or 25 feet in overall height. (2) The area between 20 feet and 25 feet in overall height shall consist exclusively of roofing. D. Decks and Balconies. No decks or balconies shall be permitted above the floor level of a second story. E. Safety Requirements. 1. A life safety sprinkler system shall be installed throughout the trailer and cabana in accordance with the requirements set forth in National Fire Protection Association, Section No. 13D, 1980 Edition as may be amended. ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 4 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 2. The exterior of the cabana shall be constructed of stucco, or 1 hour fire -rated material shall be installed under wood siding. 3. No two -story cabana shall be located closer than twenty feet from another two -story cabana. • 4. The setbacks and clearances of Title 25, California Administrative Code shall be applicable to all two story cabanas. '5. The foregoing safety requirements of this subsection E, apply to all partially constructed two -story cabanas for which new building permits are required for completion of the cabana. F. Permit Expiration - 1. In accordance with Section 1038(2), Title 25, California Administrative Code, all permits to construct or reconstruct a two - story cabana shall expire two years from the date the initial building permit is issued. 2. Upon the expiration of the two -year period in subsection F(1), all partially completed improvements shall be removed within 90 days of written notice by the City Building Department." These standards have resulted in the construction of two -story cabanas within the trailer park that are required to maintain building separation distances greater than other areas of the City that have small lot sizes. The most comparable area in the City is Surfside. Comparison Summary of Lot /Trailer Space Sizes — Surfside and Seal Beach Trailer Park: Lot sizes in Surfside have the following range: SURFSIDE COMMUNITY SUMMARY OF LOT SIZES Total Number Lot Size Less than Other Lot "ROW" of Lots in Row 1,000 Square Feet Sizes Maximum Lot Size B 47 38 9 44' x 87' (3,869 sq. ft.) C 43 37 6 55' x 66' (3,630 sq. ft.) Total Number Lot Size Less than Other Lot of Lots in Row 1,125 Square Feet Sizes Maximum Lot Size A 106 51 55 38' x 54' (2,052 sq. ft.) ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 5 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 As can bee seen in the above information, Surfside contains 196 residential parcels, with the following breakdown: ❑ Percent of lots less than 1,000 square feet: 38% ❑ Percent of lots between 1,000 and 1,125 square feet: 26% ❑ Percent of lots larger than 1,125 square feet: 36% The Trailer Space lease areas within the Seal Beach Trailer Park have the following size range: SEAL BEACH TRAILER PARK SUMMARY OF TRAILER SPACE LEASE AREA SIZES AREA IN TOTAL SPACE SIZE — OTHER TRAILER NUMBER LESS THAN SPACE MAXIMUM SPACE PARK OF SPACES 900 SQUARE SIZES SIZE IN AREA FEET Greenbelt 48 30 18 Approximately 1,600 Square Feet Remaining Area 77 2 75 Approximately 4,080 Square Feet • As can bee seen in the above information, the Seal Beach Trailer Park contains 125 lease spaces, with the following breakdown: ❑ Percent of lease spaces less than 900 square feet: 26% ❑ Percent of lease spaces larger than 900 square feet: 74% In both of these areas of the community, the predominant building site area is significantly smaller than exists within the Old Town area of 2,500 square feet, which is the most comparable traditional neighborhood area within the City. Within Surfside a residential structure can be built to a maximum of 35' high by right, with minimum 3 -foot setbacks from adjoining property lines (exceptions are set forth for the property line facing a roadway). A minimum 2 -car garage is required for each new housing unit, which takes up the majority of the ground level buildable area, and therefore, three story structures are allowed in order to provide two floors of living space above the garage area. In Old Town, two- and three -story structures can be built by right depending on the lot width of the property, again with a minimum 3 -foot side yard setback. In these areas garage parking for a minimum of two cars is required for each new housing unit constructed. Any lot wider than 30 -fet is required to provide side yard setbacks of 10% of the lot width. Old Town lots that are at least 37.5 feet wide may construct a third story on the rear half of the lot. ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 6 Zoning Text Amendment 03-2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 Provided below are the required lot coverage requirements for the RLD, RMD, and RHD zones of the City, with calculations indicating the comparable lot coverage's that can occur in Surfside and the Seal Beach Trailer Park: . RLD Zone, District I (Old Town — Gold Coast) — 60% Note: Bridgeport is in District I and is zoned RLD. This area has different development standards established by previous Precise Plan approvals. ❑ Typical sized lot is 34' x 90' — 10' setback adjacent to street and 6' and 0' setback on side yard; 0' rear yard setback. This results in a maximum buildable area of 2240 square feet on the ground floor including an area for a 2 -car garage. Certain developments are limited to single story and certain developments allow a specified number of two -story residences. This buildable area in the example given is 73.2% of the lot area. ❑ Typical sized lot is 36' x 85.81' or 40' x 88.21' — 8' — 12' setback adjacent to street and 6' and 0' setback on side yard; 2' — 8' rear yard setback. This results in a maximum buildable area of between 2,214 and 2,319 square feet on the ground floor including an area for a 2 -car garage. Certain developments are limited to single story and certain developments allow a specified number of two -story residences. This buildable area in the example given is between 65.7% and 71.7% of the lot area RMD Zone, District I (Old Town) — 60 %. A standard lot size of 2,500 square feet will allow a maximum buildable area of 1,500 square feet on the ground floor including an area for a 2- car garage, or a total of 3,000 square feet of buildable area on a standard lot in the RMD Zone. RHD Zone, District I (Old Town) — 75 %. For a standard lot size of 2,500 square feet will allow a maximum buildable area of 1,875 square feet on the ground floor including an area for a 2 -car garage, or a total of 3,750 square feet of buildable area on a standard lot in the RHD Zone. Surfside (Please refer to Attachment 3 to view reduced size copies of the Assessor Maps for the Surfside community): ❑ Typical sized small lots on the `B" and "C" rows: ❑ 25' x 35' — 2.5' setback adjacent to street and 3' setback on side and rear property lines. This results in a maximum buildable area of 560.5 square feet on the ground floor including an area for a 2 -car garage, or a total of 1,281.5 square feet of living space if a three -story building was constructed and a 400 square foot garage is provided. This buildable area is 64% of the lot area. ❑ 25' x 41' — 2.5' setback adjacent to street and 3' setback on side and rear property lines. This results in a maximum buildable area of 674.5 square feet on the ground floor including an area for a 2 -car garage, or a total of 1,623.5 square feet of living space if a three -story building was constructed and a 400 square foot garage is provided. This buildable area is 65.8% of the lot area. ❑ 25' x 70' — 2.5' setback adjacent to street and 3' setback on side and rear property lines. This results in a maximum buildable area of 1,225.5 square feet on the ground floor including an area for a 2 -car garage, or a total of 3,276.5 square feet ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 7 Zoning Text Amendment 03-2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 of living space if a three -story building was constructed and a 400 square foot garage is provided. This buildable area is 70% of the lot area. ❑ Typical lots on the "A" row O 25' x 66' — 4' setback adjacent to street, 3' setback on side property lines, and zero setback adjacent to the beach. This results in a maximum buildable area of 1,178 square feet on the ground floor including an area for a 2 -car garage, or a total of 3,134 square feet if a three -story building was constructed and a 400 square foot garage is provided. This buildable area is 71.4% of the lot area. o 25' x 44.56' — 4' setback adjacent to street, 3' setback on side property lines, and zero setback adjacent to the beach. This results in a maximum buildable area of 770.6 square feet on the ground floor including an area for a 2 -car garage, or a total of 1,912 square feet if a three -story building was constructed and a 400 square foot garage is provided. This buildable area is 69.2% of the lot area. ❑ 26' x 56' — 4' setback adjacent to street, 3' setback on side property lines, and zero setback adjacent to the beach. This results in a maximum buildable area of 1,040 square feet on the ground floor including an area for a 2 -car garage, or a total of 2,720 square feet if a three -story building was constructed and a 400 square foot garage is provided. This buildable area is 71.4% of the lot area. Trailer Park (Please refer to Attachment 2 to view reduced size copy of the "As Built Plans for the Seal Beach Trailer Park ", dated 10- 31 -93). Please note that a common parking area is provided for the residents of the Trailer Park: ❑ Typical sized small trailer spaces on the "Greenbelt" ❑ 25' x 27' — zero setback adjacent to street and 3' setback on side and rear lease lines. This results in a maximum buildable area of 462 square feet on the ground floor, or a total of 924 square feet if a two -story cabana were allowed to be constructed. This buildable area is 68.4% of the trailer space lease area. ❑ 23' x 27' — 3' setback adjacent to walkway area and 3' setback on side and rear lease lines. This results in a maximum buildable area of 357 square feet on the ground floor, or a total of 714 square feet if a two -story cabana were allowed to be constructed. This buildable area is 57.5% of the trailer space lease area. ❑ 27' x 30' — zero setback adjacent to street and 3' setback on side and rear lease lines. This results in a maximum buildable area of 567 square feet on the ground floor, or a total of 1,134 square feet if a two -story cabana were allowed to be constructed. This buildable area is 70% of the trailer space lease area. o Typical trailer spaces not within the "Greenbelt" ❑ 25.5' x 55' — zero setback adjacent to street and 3' setback on side and rear lease lines. This results in a maximum buildable area of 1,014 square feet on the ground floor, or a total of 2,028 square feet if a two -story cabana were allowed to be constructed. This buildable area is 72.3% of the trailer space lease area. o 26.38' x 44' — zero setback adjacent to street and 3' setback on side and rear lease lines. This results in a maximum buildable area of 835.6 square feet on the ground floor, or a total of 1,671.2 square feet if a two -story cabana were allowed to be constructed. This buildable area is 72% of the trailer space lease area. o 26.5' x 55.5' — zero setback adjacent to street and 3' setback on side and rear lease lines. This results in a maximum buildable area of 1,076.25 square feet on the ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 8 Zoning Text Amendment 03 -2 Elirnination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 ground floor, or a total of 2,152.5 square feet if a two -story cabana were allowed to be constructed. This buildable area is 73.2% of the trailer Space lease area. All of the maximum size of buildable space assumes that the structures are built to the maximum allowable area permitted by the required setbacks or lot coverage requirement. Please refer to Attachment 6A, 6B, and 6C to review photos of typical two- and three -story developments within Surfside, Old Town, and the Seal Beach Trailer Park. Construction and Fire Safety Concerns: In all of the areas discussed above, the standard construction codes relative to building, fire, electrical, plumbing, and mechanical requirements are followed. The City has adopted local amendments to the building and fire codes that deal specifically with lots less than 1,000 square feet in size in Section 5 -30.12 of the Code. "Exception" 7 of this section applies to Surfside and to the very few lots within the remainder of the community that are less than 1,000 square feet in area. This provision has been in the Code of the City since at least 1980. This section states: "Section 1004.2.3.2 - From individual floors is amended by amending Exception 4, and adding Exception 7 to read as follows: EXCEPTIONS: 4. Occupied roofs on Group R, Division 3. Occupied roof areas which have four hundred (400) square feet (37.16 m or less which is an ` open and unenclosed sun deck may have 1 exit if located no higher than immediately above the second story, if a two -story structure, or immediately above the third story, if a three -story structure. 7. Group R, Division 3 Occupancies located on a lot with 1000 square feet of ground area or less may provide the following in -lieu of the second required exit: (a) A fixed emergency exit ladder from the top habitable floor to natural grade. Other ladder systems approved by UL and ICBO may be used if approved by the Building Official; and (b) The dwelling shall contain a 13 -D fire sprinkler system, as approved by the Orange County Fire Authority and the Building Official." The zoning provisions regarding the issue of two -story cabanas within the City also require the provision of fire sprinkler systems and are set forth at Section 28- 2319.E.1 of the Code, which reads as follows: "E. Safety Requirements. 1. A life safety sprinkler system shall be installed throughout the trailer ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 9 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 and cabana in accordance with the requirements set forth in National Fire Protection Association, Section No. 13D, 1980 Edition as may be amended." From a public safety standpoint, the same construction and fire sprinkler requirements are currently applicable to the trailer park as are applicable to Surfside and Old Town. In January 1983 the Orange County Fire Department stated: ❑ "that if the measures outlined by the Fire Department are imposed as well as the City's building requirements, there should be no foreseeable fire hazard connected with two -story cabanas. ", and ❑ "the mitigating measures submitted by the Fire Department were developed on the premise that a cabana could be built on each space." If the Planning Commission determines to proceed with the proposed amendments, either for the entire park or for portions thereof, the measures imposed in 1983 by both the Fire Department and the City will still remain in place. Primary Policy Determination of the City: The primary issue before the Planning Commission, as seen by Staff, is one of community aesthetics and compatibility. Does the City want to modify its standards within the Seal Beach Trailer Park to allow for the potential development of 2 -story cabanas on all of the spaces within the trailer park, or should there be restrictions in place that do not permit a "maximum build -out" of two story cabanas? Any recommendation of the proposed Zone text amendment will be framed and guided by the determinations of the Commission, and ultimately the City Council, regarding those issues of aesthetics and compatibility. Public Comments Received by August 27, 2003: The City has received two comment letters regarding ZTA 03 -2 as of August 27; one in favor and one in opposition to the proposed amendments. Copies of the comment letters are provided as Attachment 7. Alternatives for Commission Consideration: The Planning Commission has four basic alternatives that can be considered regarding the issue of development standards for two -story cabanas within the Seal Beach Trailer Park. They will discussed in a general sense below: A. Recommend Elimination of Separation Standard for all spaces within the Trailer Park: ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 10 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 This alternative is the most comprehensive and would eliminate the current separation standard of 20 -feet between two -story cabanas. The Redevelopment Agency has authorized staff to review the standards for two -story cabanas, and this proposal would eliminate the separation standard and apply the prevailing setback standard between a living unit and a trailer space lease line, which is 3 feet. This amendment would have the effect of allowing all 125 trailer spaces within the park the opportunity to construct a two - story cabana structure that would be separated from an adjoining two -story cabana by a minimum distance of six feet. The standard setback required between two and/or three story residences within "Old Town" and Surfside is also 3 feet from a property line, or 6 feet between conforming structures on adjoining properties. B. Recommend Elimination of Separation Standard for "Identified Spaces" within and adjacent to the "Greenbelt Area" of the Trailer Park: This alternative is the second -most comprehensive and would eliminate the current separation standard of 20 -feet between two -story cabanas for those trailer spaces within the Greenbelt Area and certain other identified trailer spaces from the April 28, 2003 Staff Report to the Redevelopment Agency regarding this issue. This proposal would eliminate the separation standard and apply the prevailing setback standard between a living unit and a trailer space lease line, which is 3 feet, to certain spaces within the Trailer Park. This amendment would have the effect of allowing the 43 smallest trailer spaces within the park the opportunity to construct a two -story cabana structure that would be separated from an adjoining two -story cabana by a minimum of six feet. Those trailer spaces not exempted from the separation standard would still be subject to the current regulations. This alternative would restrict the remaining 82 trailer spaces to comply with the current standard. This alternative would allow the following spaces within the Trailer park to be able to construct a two -story cabana structure that would be separated a minimum of 3 feet from any adjoining side or rear trailer space line, or generally 6 feet away from another living unit on an adjoining trailer space lease area. The spaces that are included in this alternative are Spaces 42, 43, 69 through 91, and 95 through 113. If the Commission determines this alternative is appropriate, staff would suggest a modification to the 20 -foot separation standard for the "non- identified trailer spaces" that the 20- separation standard does not apply to the identified spaces if a non - identified space already has a two -story cabana structure. This modification would be necessary to allow for an identified space to be able to construct a two -story cabana within 20 -feet of any existing two -story cabana structures on a non - identified trailer space. C. Recommend Modification of Separation Standard to something different than proposed by Staff: This alternative would allow the Commission to recommend some other distance separation standard, or applicability of a distance separation standard, different from ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 1 1 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 those proposals discussed under Alternative A and B, above. Based on the public input received by the Commission during the Public Hearing, the Planning Commission may determine that other separation standards are more appropriate. Alternate separation standards could require a separation distance of any distance between the 6 -foot minimum structure -to- structure separation required by the Zoning Ordinance for residential development in Surfside, Old Town, and within the Trailer Park for single - story structures and the currently required 20 -foot separation distance for two -story cabana structures. Staff and the City Attorney are available to discuss this, if the Commission determines that such discussion is appropriate. D. Recommend No Amendments to the Existing Separation Standards for Two -Story Cabana Structures: After receiving all public testimony, the Commission may determine is not necessary or appropriate to revise the current 20 -foot separation standard for two -story cabana structures. If the Commission makes that determination, Staff will return at the next Commission meeting for the consideration of the appropriate Resolution for consideration by the Commission. RECOMMENDATION Staff recommends that after receiving both written and oral testimony presented during the public hearing, the Commission recommend approval of "Alternative A" for ZTA 03 -2 to the City Council, as discussed above. Should the Commission disagree, it has the option of recommending no change to the Code or recommending alternative language to the proposed amendment. Should the Commission follow staffs recommendation, staff has prepared a proposed resolution recommending approval of ZTA 03 -2 to the City Council, reflecting the proposal for Alternative A. Please refer to Attachment 1 to review the proposed resolution. ." --: - , - - ., - 7,, j ,- , e Whittenberg, Director Department of Development Servi s Attachments: (7) Attachment 1: Proposed Planning Commission Resolution No. , A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Zone Text Amendment 03 -2, Eliminating Separation Standards for Two -Story Cabana Structures ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 12 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 Attachment 2: Reduced Seal Beach Trailer Park Map — Trailer Space Lease Areas Attachment 3: Reduced Property Tax Assessors Maps, Surfside Community Attachment 4: Redevelopment Agency Staff Report, April 28, 2003, and Meeting Minutes Attachment 5: Summary of Previous City Actions — Two -Story Cabanas Attachment 6: Development Photos — ❑ Seal Beach Trailer Park Two -Story Cabana Structures ❑ Surfside Three -Story Residential Structures, and ❑ Old Town Two -Story Residential Structures Attachment 7: Comment Letters received by August 27 regarding ZTA 03 -2 ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 13 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 ATTACHMENT 1 RESOLUTION NUMBER 03- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE TEXT AMENDMENT 03 -2, ELIMINATING SEPARATION STANDARDS FOR TWO -STORY CABANA STRUCTURES ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 14 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 RESOLUTION NUMBER 03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE TEXT AMENDMENT 03 -2, ELIMINATING SEPARATION STANDARDS FOR TWO -STORY CABANA STRUCTURES THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. At its meeting of September 3, 2003, the Planning Commission considered Zone Text Amendment 03 -2. This amendment would: ❑ Eliminate the current 20 -foot separation standard for two -story cabanas within the Seal Beach Trailer Park or eliminate the separation requirements within only certain portions of the Trailer Park. ❑ Require compliance with the Title 25 requirements of the California Code of Regulations for the distance separation for two -story cabanas within the Seal Beach Trailer Park. ❑ Allow for two -story cabanas within the Seal Beach Trailer Park under the current review process. ❑ Require all construction to comply with the standard construction requirements of the City pertaining to building, fire, electrical, plumbing, and mechanical uniform code requirements. Currently the City does not allow for the construction of two -story cabana structures unless there is a 20 -foot separation distance between such structures, or a variance has been granted to vary from the required separation distance. Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zone Text Amendment 03 -2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in average slope of less than 20% and does not result in any changes in land use or density; § 15268 (Ministerial Projects) because the proposed zoning text amendment is ministerial in nature; and, pursuant to ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 15 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 § 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held by the Planning Commission on September 3, 2003 to consider Zone Text Amendment 03 -2. Section 4. The record of the hearing of September 3, 2003 indicates the following: (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. (b) The City established height standards within the Seal Beach Trailer Park in 1983 by the adoption of Ordinance No. 1135 and established design standards and separation requirements for two -story cabanas within the Seal Beach Trailer Park in 1983 by the adoption of Ordinance No. 1137. (c) The proposed text amendment will revise the City's zoning ordinance and allow for the future construction of two -story cabana structures within the Seal Beach Trailer Park. (d) Spaces 42, 43, 69 through 91, and 95 through 113 within the Trailer Park are not able to accommodate the smallest, readily available mobile home /modular home (399 square feet), as currently manufactured by the major providers of such housing. This is a total of 43 trailer spaces, out of 125 spaces within the Seal Beach Trailer Park. (e) The Zoning Ordinance of the City currently requires a 20 -foot separation between "Two -Story Cabanas" pursuant to Section 28 -2319 of the Code. These standards could be interpreted to prohibit the location of two -story units that are manufactured homes unless there is compliance with the 20 -foot separation standard in the Code. This is the current interpretation of the Code that staff enforces. - (f) Title 25 of the California Code of Regulations defines a "cabana" as "A portable, demountable, or permanent room enclosure or other building erected or constructed for human occupancy." (g) New 2 -story homes are constructed within Surfside and Old Town that provide a 3 -foot setback from side property lines, as is required within the Trailer Park, in compliance with standard Building and Fire code requirements. (h) The 20 -foot separation provision for two -story cabanas currently restrains the ability of residents of the Trailer Park to add additional second -story living area. This restriction is particularly restrictive when applied to the many of the trailer spaces, due to small size of those trailer space rent areas, in some cases as small as 23.5'x 23' -0 ". (i) In the community of Surfside and the Seal Beach Trailer Park, the predominant building site area is significantly smaller than exists within the Old Town area of ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 16 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 2,500 square feet, which is the most comparable traditional neighborhood area within the City. Within Surfside a residential structure can be built to a maximum of 35' high by right, with minimum 3 -foot setbacks from adjoining property lines (exceptions are set forth for the property line facing a roadway). In Old Town, two- and three -story structures can be built by right depending on the lot width of the property, again with a minimum 3 -foot side yard setback. In Old Town lots that are at least 37.5 feet wide may construct a third story on the rear half of the lot. (j) The City has adopted local amendments to the building and fire codes that deal specifically with lots less than 1,000 square feet in size in Section 5-3012 of the Code. ' "Exception" 7 of this section applies to Surfside and to the very few lots within the remainder of the community that are less than 1,000 square feet in area. This provision has been in the Code of the City since at least 1980. This section states: "Section 1004.2.3.2 - From individual floors is amended by amending Exception 4, and adding Exception 7 to read as follows: EXCEPTIONS: 4. Occupied roofs on Group R, Division 3. Occupied roof areas which have four hundred (400) square feet (37.16 m or less which is an open and unenclosed sun deck may have 1 exit if located no higher than immediately above the second story, if a two -story structure, or immediately above the third story, if a three -story structure. 7. Group R, Division 3 Occupancies located on a lot with 1000 square feet of ground area or less may provide the following in -lieu of the second required exit: (a) A fixed emergency exit ladder from the top habitable floor to natural grade. Other ladder systems approved by UL and ICBO may be used if approved by the Building Official; and (b) The dwelling shall contain a 13 -D fire sprinkler system, as approved by the Orange County Fire Authority and the Building Official." (k) The zoning provisions regarding the issue of two -story cabanas within the City also require the provision of fire sprinkler systems and are set forth at Section 28- 2319.E.1 of the Code, which reads as follows: . "E. Safety Requirements. i i A life safety sprinkler system shall be installed throughout the trailer ti .--- and cabana in accordance with the requirements set forth in National Fire Protection Association, Section No. 13D, 1980 Edition as may be amended." ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 17 y Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 (1) From a public safety standpoint, the same construction and fire sprinkler requirements are currently applicable to the trailer park as are applicable to Surfside and Old Town. (m) The proposed amendments, either for the entire park or for portions thereof, will still impose the measures imposed in 1983 by both the Fire Department and the City relative to construction standards and fire sprinkler systems. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28 -2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 03 -2 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. Specifically, this amendment would: ❑ Eliminate the current 20 -foot separation standard for two -story cabanas within the Seal Beach Trailer Park or eliminate the separation requirements within only certain portions of the Trailer Park. ❑ Require compliance with the Title 25 requirements of the California Code of Regulations for the distance separation for two -story cabanas within the Seal Beach Trailer Park. a Allow for two -story cabanas within the Seal Beach Trailer Park under the current review process. ❑ Require all construction to comply with the standard construction requirements of the City pertaining to building, fire, electrical, plumbing, and mechanical uniform code requirements. Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 03 -2 to the City Council as set forth on Exhibit A, attached to this resolution and incorporated herein. . PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of 6 - 2003, by the following vote. 1 3 -2 PC Staff Report - Separation Standards.2 -story Cabanas 18 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 AYES: Commissioners - -- NOES: Commissioners - -- ABSENT: Commissioners - -- ABSTAIN: Commissioners - -- Chairman of the Planning Commission Lee Whittenberg Secretary of the Planning Commission ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 19 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 "EXHIBIT A" Section 28 -2319, "Development Standards for Two -Story Cabanas ", is revised to read as follows (new text is indicated by bold and double underline text and existing text to be deleted is indicated by d b c st - d i re ,.. g t.._.t) "Section 28 -2319. Development Standards for Two -Story Cabanas. A. Purpose and Intent. In order to ensure the compatibility, safety and timely completion of two -story cabanas within a mobile home park or trailer park, the following development standards and procedures are - established. B. Planning Commission Approval. Prior to the issuance of a permit for the construction of two -story cabanas within a mobile home park or trailer park, said permit applications shall be subject to architectural review and approval by the Planning Commission as authorized by the Seal Beach Redevelopment Agency. Determination that the proposed construction complies with the requirement of this Section and all applicable laws including the provisions in Title 25 of the California Administrative Code shall be made by the Building Department. C. Height Limits. 1. The maximum permitted building height shall not exceed two stories or 25 feet in overall height. 2. The area between 20 feet and 25 feet in overall height shall consist exclusively of roofing. D. Decks and Balconies. No decks or balconies shall be permitted above the floor level of a second story. E. Safety Requirements. 1. A life safety sprinkler system shall be installed throughout the trailer and cabana in accordance with the requirements set forth in Natiewie4 • = - • = == ' = — --;-•: ' = _— =_ ' _ _— T : . -• _ .• ' -_ -= the 2001 California Building Code Section 1004.2. .2 as locall amended by City of Seal Beach Ordinance No. 1488, Section 5- 30.12, ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 20 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 Exception 7, as may be amended. 2. The exterior of the cabana shall be constructed of stucco, or 1 hour fire -rated material shall be installed under wood siding. • 3. : -- _ _ - — ::. _ :— =_ : —_ - _ —= _ =_ —,---;-= - =_ _ - = —: _ 34.The setbacks and clearances of Title 25, California Administrative Code shall be applicable to all two story cabanas. 44.The foregoing safety requirements of this subsection E, apply to all partially constructed two -story cabanas for which new building permits are required for completion of the cabana. F. Permit Expiration, 1. In accordance with Section 1038(2), Title 25, California Administrative Code, all permits to construct or reconstruct a two - story cabana shall expire two years from the date the initial building permit is issued. 2. Upon the expiration of the two -year period in subsection F(1), all partially completed improvements shall be removed within 90 days of written notice by the City Building Department." * * * * ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 21 RFP for Design Services and Review of 2 -Story Cabana Requirements In the Seal Beach Trailer Park • Redevelopment Agency Staff Report April28, 2003 ATTACHMENT 1 STANDARD PLANS FOR SMALL MANUFACTURED HOMES BY SILVERCREST AND FLEETWOOD RFP for Design Services.RDA Staff Report 5 • — . . . • - -- ', *---.----' -•.- '-,- _,....,..,.................„...._.„...„....„,._......._•.:„.... Th e • rat' z 9/ .,..._.,._..:.. . 1 _..„._,,, - , • " f.t "•' • : fir• 2,...1t- rl y • '' ';'• i • ,J+ '', � • • : . . . � •''' I r1 ..,.......,_, • , . ,,_ „..,... .„ ,,.... 'te K �•u/ t . Tti r. �: +�..:�. -.. �- . � tu , , , ,,.A . - *4 ' .. 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' " 37' —1 CL 2 WINDOW S S " 4 .: `emu.- =; z to / ' • a a - 1 KITCHEN% ,' 9 i BATH , a 0 ' °�* < ' R I MASTE s____, 3 0 .._� ' DINING m 1 ) - 0 - , � � MASTE M i '- ' �a,; RO ) Y BM J , I t I , _, p�purri - I ao CLEARSTORY WITH al IC 3 WINDOWS OVER BAY CHALET MODEL 990 Highlights - Full front living room for entertaining • Kitchen snack bar provides convenient hors d' oeuvres service area • Overhead plant shelf offers a warm welcome • Generous pantry is built in with a desk for personal business • Options: "Freedom" tub /shower with seat • Kitchen with - conventional dining bar. - Optional "Freedom "+ / . tublshower with seat ' CLEARSTORY WITH 5 WINDOWS a Tub choice - 9" or 18" depth \ 1 Q 1 I O 1 I 3 BAT x 3 7' -1 I • BATH 3 < t 11 MAST . , a Ig 8EDRO ` M PC,rR� , 1 1 ) Saha .... . LIVING ROOM . s i J • 3� °w• KITCHEN ' - °�" < �` �� _____I „„ /4a %. / ) , _. . WGOrave 1, i OA. CLOS 000. / y 3 X -'t: = , ... y CHALET MODEL 991 '' . .. -• i �; , !' t Highlights -Has all of the basic benefits found in Model 990 •Plan is reversed for placement :,i. "` M '- ;. : 1 where the outside scene differs • Rotunda dining area and snack bar offers conveniences ,'.7:4.o7 ., � i4 i • Option: '`Freedom" tub/shower with seat. } 1 • 1 � i > r._ �fl3;ni; '6,1i{{t: ` '1''''l ti iii ��tt1a4-ti., ' ' +SRS b • #�k 'y'l : Ea4i . 'h''�i1 tifi tk4�d�r�iZ1 ra�M ir�e W r }ivt+ iT - - v .• •• ,7t.' -..' as ' ,, 7, - - _ -.-.---• •,, ... -,...-,:„..,.. _ /g' :". •:, ' - - '' FLEETwcop E ' _ . --• • , ; , •;,,, - 1" •‘.,, ',- 4 . 07,m,_,,_,--e1=---_. -- 1 ...... ; , ,17C4 . ... ''. 'g' :.' . . . . . i . .' 1 ' .; I ‘. -, "----, g • ...x _ ,,-... ',,- .-,-, ' • x .. - - ser. - - - ---siti,',, i 147: .'- .. -, ft o. ,.- q-- x• %14xxx - 1, .. --,--,...,,, ‘. . • i i''' - - • •■••- -•c„.. ,,,, , , :ra.{-4, , ..i , .-m- --.,-*,.. • - P r , •r, . 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Bahorski, Executive Director FROM: Lee Whittenberg, Director of Development Services SUBJECT: REQUEST FOR AUTHORIZATION TO PREPARE REQUEST FOR PROPOSALS RE: DESIGN OF STANDARD PLANS FOR REPLACEMENT MODULAR HOMES, SEAL BEACH TRAILER PARK and CONSIDERATION OF SEPARATION STANDARD FOR 2 -STORY CABANAS SUMMARY OF REQUEST: Authorize staff to prepare a "Request for Proposals" for the design of "standard plans" for replacement manufactured homes within the Seal Beach Trailer Park and return to the Agency with the draft "Request for Proposals ", for approval prior to distribution. Provide direction to staff regarding a review of the current development standards for 2- story cabanas within the Trailer Park. BACKGROUND: The Redevelopment Agency has previously authorized the establishment of various grant and loan programs within the City that are designed to improve existing residential living units and provide secondary mortgage assistance in the purchasing of homes, including those within the Seal Beach Trailer Park. As these programs are now being implemented, staff is facing certain specific design- related issues regarding many of the smaller living units within the Seal Beach Trailer Park ( "Trailer Park "). Within the Trailer Park there are approximately 43 trailer spaces that are of such a small or unusual size that standard replacement mobile homes or manufactured homes are not readily available to fit on those spaces in accordance with the required setback provisions of Title 25 of the California Code of Regulations ( "Title 25 "). Title 25 has specific setback requirements from trailer space lease lines that have to be met in locating new Agenda Item C C:\Documents and Settings\LWhittenberg \My Documents\RDA\Mortgage Assistance Program\RFP for Design Services.RDA Staff Report.doc\L W\04 -23 -03 RFP for Design Services and Review of 2 -Story Cabana Requirements In the Seal Beach Trailer Park Redevelopment Agency Staff Report April 28, 2003 mobile homes or manufactured homes, or in permitting the addition of a "cabana" to an existing unit located within the Trailer Park. A review of the smallest size units now be produced by Silvercrest and Fleetwood indicate that those units are in the size range of 11' -0" x 38' -10" to 11' -9" x 33' -4 ", and containing approximately 399 square feet of living area. These are all 1- bedroom, single - story units. The minimum size of trailer space needed to accommodate these units, depending on the orientation of the trailer space to a street, are: Size of Unit Narrow Length of Wide Length of Space At Street Space at Street 11' -0 "x38' -10" 17' -4 "x 41' -10" 14' -0 "x44' -10" 11' -2 "x35' -2" 17'2"x38'-2" 14' -2 "x 41' -2" 11' -4 "x 35' -7" 17' -4 "x38' -7" 14' -4 "x41' -7" 11' -8 "x35' -0" 17' -8 "x38' -0" 14' -8 "x41' -0" ' 11' -9 "x33' -4" 17' -9 "x36' -4" 14' -9 "x39' -4" Copies of several plans for these units are provided as Attachment 1 for the information of the Agency members. Spaces 42, 43, 69 through 91, 95 through 113 within the Trailer Park would not be able to accommodate the smallest, readily available mobile home/modular home (399 square feet), as currently manufactured by the major providers of such housing. This is a total of 43 trailer spaces. The spaces vary in size to such an extent that it is not possible to provide a custom design for each of approximately 30 different trailer space sizes encompassed in the 43 spaces under discussion. In looking at the trailer space sizes of these small spaces, it spears that there are perhaps 3 to 4 similar size groupings that could be considered for the design of a standard plan. These standard plans would not allow the full utilization of all of the space area, due to slight differences in the size of similar - sized spaces, but would accommodate a reasonable sized unit. Staff would foresee the majority of these units being 2 -story units. Please refer to the discussion below under Two -Story Cabana Separation Standard for further discussion on this concern. In reviewing this issue with our housing consultant, it seems that requesting proposals from several of the firms that currently manufacture mobile homes /modular homes is a reasonable, and hopefully cost effective, manner to address the issue of providing replacement living units on the small and unusual shaped trailer space areas within the Trailer Park. Two -Story Cabana Separation Standard: The Zoning Ordinance of the City currently requires a 20 -foot separation between "Two - Story Cabanas" pursuant to Section 28 -2319 of the Code. These standards could be interpreted to prohibit the location of two -story units that are manufactured homes unless RFP for Design Services.RDA Staff Report 2 RFP for Design Services and Review of 2 -Story Cabana Requirements In the Seal Beach Trailer Park Redevelopment Agency Staff Report April 28, 2003 there is compliance with the 20 -foot separation standard in the Code. This is the current interpretation of the Code that staff enforces. Title 25 defines a "cabana" as "A portable, demountable, or permanent room enclosure or other building erected or constructed for human occupancy." In reviewing this issue, it is uncertain as to why there is still this restriction in the Code. New 2 -story homes are constructed within Surfside and Old Town that provide a 3 -foot setback from side property lines, as is required within the Trailer Park, in compliance with standard Building and Fire code requirements. This provision currently restrains the ability of residents of the Trailer Park to add additional second -story living area. This restriction is particularly restrictive when applied to the trailer spaces being discussed above, due to small size of those trailer space rent area, in some cases as small as 23.5'x 23' -0 ". Staff understands that these provisions do provide for building separations and reduce the overall intensity of development within the Trailer Park However, within the block _ encompassed by Riversea Road and Welcome Lane, it may be advantageous to review this requirement. The current requirements have the effect of eliminating certain spaces within the Trailer Park of having a second -story living area, if a trailer within 20 -feet already has obtained approval from the City and constructed such a cabana. A reduced scale plan of the trailer spaces bounded by Riversea Road and Welcome Lane is provided as Attachment 2 for the information of the Agency members. Relief from this requirement in this area of the Trailer Park could allow for an increased living area on these very small trailer space rental areas. The Agency may wish to provide direction to Staff regarding further investigation of this issue. FISCAL IMPACT: No direct costs at this time. If the Agency determines to ultimately issue the requested RFP, costs will be identified and considered by the Agency at the time of consideration of approval of a subsequent design proposal. RECOMMENDATION: Authorize staff to prepare a "Request for Proposals" for the design of "standard plans" for replacement modular homes within the Seal Beach Trail Park and return to the Agency with the draft "Request for Proposals ", for approval prior to distribution. Provide direction to staff regarding a review of the current development standards for 2- story cabanas within the Trailer Park. RFP for Design Services.RDA Staff Report 3 RFP for Design Services and Review of 2 -Story Cabana Requirements In the Seal Beach Trailer Park Redevelopment Agency Staff Report April 28, 2003 NOTED A 1 •'PROVED: _Arai AV dit Ar gi/t Whittenberg John B ahorski, Executive Director Director of Development Servic- Redev opment Agency Attachments: (2) Attachment 1: Standard Plans for small manufactured homes by Silvercrest and Fleetwood Attachment 2: Site Plan for Seal Beach Trailer Park — area bounded by Riversea Road and Welcome Lane RFP for Design Services.RDA Staff Report 4 Page Three - Redevelopment Agency Minutes - April 28, 2003 violation -issue and the City has not been able to attain any compliance with the property owner, and if it is not possible to use this mechanism to accomplish corrective actions it would be necessary to use a nuisance abatement process, likely eviction of tenants, and considerable legal processing issues that is felt this process can avoid. Councilman Antos asked if this would involve any additions or expansions to the nonconforming building. The response of the Director was that it does not, this involves mechanical, electrical, plumbing Code violations. Doane moved, second by Antos, to authorize the utilization of the Owner - Occupied Home Improvement Loan Program to assist in the removal of Code violations at a specified property address within the City with a maximum loan amount of $50,000.00. AYES: Antos, Campbell, Doane, Larson NOES: None ABSENT: Yost Motion carried STANDARD PLANS DESIGN - REPLACEMENT MODULAR HOMES - AUTHORIZATION TO REQUEST PROPOSALS - CONSIDER SEPARATION STANDARD TWO STORY CABANAS - SEAL BEACH TRAILER PARK The Director of Development Services presented the staff report, explained that it has been found that there are about forty -three spaces in the Trailer Park that are very small and one can not realistically find a replacement unit for those spaces other than an old travel trailer or recreational vehicle that will fit on those spaces, to that staff is suggesting that as a way to try to find a way to improve the liveability of those units that staff be authorized to issue a Request for Proposal where a couple of manufacturers of modular homes would prepare standard plans that the people could utilize, hopefully at a reduced cost, for someone who may wish to participate in the program. The Director mentioned that as part of that there is also a discussion relating to two story cabanas where the for a number of years has•had a twenty foot separation distance for those structures, yet as staff has looked at this issue it is felt that on the greenbelt area of the Park in particular it may be advisable to look at those regulations because the spaces are so small that if there is a two story cabana on one unit it basically precludes three or four adjoining spaces from being able to have such a unit because of the small areas on which the units are located. Councilman Antos moved to approve the requests for the purpose of discussion. Councilman Doane seconded the motion. Agencymember Larson expressed concern with doing anything in the Trailer Park until the litigation is settled, there is a lawsuit involved, he does not know the nature of the lawsuit or what the plaintiffs want or if a settlement of the lawsuit is possible, there is no guarantee that this development will ever be completed, no guarantee that at some point the bond holders or some interested party will bring a lawsuit and force the sale of the Trailer Park to pay off the bonds, in that case the buyer can do whatever he or she wishes, the Coastal Commission at one point Page Four - Redevelopment Agency Minutes - April 28, 2003 suggested it would be a good place for a catch basin for flood waters, and offered that he is hesitant to help develop more improvements on that property when it may not exist as a Trailer Park for very many years. Agencymember Larson said the fact that•the City does something good for these residents does not make the Agency any stars, and indicated that he would be voting against the item. Agencymember Doane inquired if any interest has been shown in manufactured homes. The Director responded that of the forty -three spaces within the greenbelt area there are about five or six people in discussions with the housing consultant to try to see what can be done for their property, that is the reason for bringing this issue to the Agency, other than this no cost effective way, in the opinion of staff, has been found to provide anything other than buying a used trailer or something like a fifth wheel unit which is basically all that will fit on those lots, most of the older single wide mobile homes are about eight feet by thirty -eight or forty feet in length, the lots are not of a size that can accommodate that type of a structure. Agencymember Antos clarified that should the motion be adopted the only thing that staff would be doing at this point is developing and sending out an RFP to obtain information that would eventually come to the Agency for some type of action, this would not be buying units or placing a unit on a lot at this point. To that the Director confirmed that the action would merely direct staff to prepare a Request for Proposal, the Request will come back to the Agency prior to distribution to the manufacturers. Chairman Campbell said she understands the concern of Agencymember Larson as a result of litigation, however people are moving forward, improving their homes, homes are being bought and sold in the Trailer Park, all this is doing is allowing people who live there to have the opportunity to find out what is available in the event they want to upgrade their home, that is their choice, if the vote is against this item it basically shuts down all improvements in the Trailer Park, that is not necessarily healthy. Antos moved,- second by Campbell, to authorize staff to prepare a Request for Proposals for the design of standard plans for replacement manufactured homes within the Seal Beach Trailer Park, present the draft RFP to the Agency for approval prior to distribution, also, authorize staff to review the current development standards for two story cabanas with the Trailer Park. AYES: Antos, Campbell, Doane, Larson NOES: None ABSENT: Yost Motion carried ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:06 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH. Redevelopment Agency Minutes Approved: Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 ATTACHMENT 5 SUMMARY OF PREVIOUS CITY ACTIONS • REGARDING TWO -STORY CABANAS DATE SUMMARY OF ACTION 10 -23 -78 Letter from Dawson Development Company to State Division of Codes and Standards regarding Alternate Approval Application for: ❑ Uniform set -backs of 3 feet, with separations of 6 feet between trailers, cabanas, enclosed awnings and mobilehomes ❑ Relief from the height limit of 14 feet, in favor of the height limit imposed by the City of Seal Beach for the area (35 feet) ❑ Approval for the construction of cabanas on lots serving travel trailers ❑ Approval of access "to a 25 foot street" provided the interior lots by the easement indicated by dotted lines on the enclosed plot plan. 11 -07 -78 Letter from State Division of Codes and Standards to William Dawson regarding Seal Beach Trailer Park — Alternate Approval for Construction of Cabanas in excess of 14 -feet high and Access to Specified Lots: ❑ Alternate approvals granted pursuant to Section 18305 of the Health and Safety Code for: ❑ Construction of cabanas in excess of 14 feet in height ❑ Cabanas may be constructed as accessory structures to travel trailers as well as mobilehomes ❑ Access to lots 69, 70, 73, 74, 77, 78, 81, 82, 85, 86, 89, 90, 97, 98, 100, 102, 105, 106, 109, 110, 113, 114, 117, and 118 is considered equivalent to the requirement of Section 18612 of the Health and Safety Code. 11 -17 -80 "Activities Report Continuation" regarding heights of cabanas being constructed in Seal Beach Trailer Park from State Department of Housing and Community Development ❑ Site inspection of Seal Beach Trailer Park by State — permits issued for 6 two -story cabanas, none completed at time of inspection. ❑ Two single -story structures exceeded the 14 -foot cabana height limit. ❑ Questions asked are: ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 25 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures - Planning Commission Staff Report September 3, 2003 O Does the Assistant Chief has authority to grant a "waiver" for such construction? o Can such a "waiver" be granted without a hearing? o Can such a "waiver" be granted without local approval? o If such a "waiver" is granted, does the local have to issue permits for such structures. 11 -26 -80 Letter from Assistant City Attorney to California Division of Codes and Standards requesting previously approved waiver to be withdrawn due to the City Council's ". . strong opposition to allowing cabanas in the mobilehome park to exceed the height limitation of Title 25 in the future." 01 -07 -81 Letter from California Division of Codes and Standards to Assistant City Attorney indicating "It appears inappropriate to withdraw the Alternate Approval at this time. Major problems appear to be related to lack of follow through on construction and /or workmanship rather than the approval of increased height limitations." 01 -12 -81 Memo to City Council from City Attorney regarding status of cabanas within the Seal Beach Trailer Park, and discussing alternative actions available to the City: ❑ Accept the decision of the Department of Housing and Community Development and continue to permit the construction of two -story cabanas within the Seal Beach Trailer Park. ❑ Cease issuing building permits for cabanas which exceed one story or 14 feet in height; thereby subjecting the City to potential litigation by either the State or an aggrieved mobilehome owner in the park. 03 -18 -81 Planning Commission public hearing regarding the restriction of building heights to 15 feet for accessory structures on small residential building sites. ❑ Planning Commission adopts Resolution No. 1222, recommending a height limit of one story or 15 feet, whichever is less, on small lots on a 4 -0 -1 vote, with one commissioner being absent. 04 -08 -81 City Council Staff Report regarding "Height Restrictions on Parcels, Lots or Building Sites of Specific Sizes ": ❑ Overview of height limits and two -story cabana issue in Seal Beach Trailer Park, including City objection to the approvals granted by the State Department of Housing and Community Development ❑ Passage of SB 1960, effective July 1, 1981, that: ❑ Required all cities to allow mobilehomes on foundations in areas zoned for single- family homes. ❑ By definition a "cabana" is an accessory structure and could therefor exceed the citywide height limitation of 15 -feet for accessory structures, due to approvals granted by the State. ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas ,6 ` Zoning Text Amendment 03-2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 ❑ Recommendations regarding height limits — 15 -feet or "one- story" on building sites that are smaller than the following: ❑ R -1 Zone — 875 square feet ' ❑ R -2 Zone — 2,400 square feet ❑ R -3 Zone — 2,400 square feet - -- Undated Petition regarding support for15 -foot height limit in Seal Beach Trailer Park, signed by 150 persons, 44 from the Seal Beach Trailer Park. 04 -27 -81 City Council adoption of Ordinance No. 1095 regarding building heights on small lots. Adopts the following standards: ❑ R -1 Zone (now RLD Zone) — adds Section 28- 401(3) to read: "(3) Building heights on small lots in all districts: On any lot, parcel, or building site containing less than 875 square feet, no structure shall exceed 1 story or 15 feet in height, whichever is less." ❑ R -2 and R -3 Zones (now RMD and RHD Zones) — adds the appropriate section to read" "(3) Building heights on small lots in all districts: On any lot, parcel, or building site containing less than 2,400 square feet, no structure shall exceed 1 story or 15 feet in height, whichever is less." ❑ The difference between the R -1 and the R -2 and R -3 requirements were due to the existing small lot sizes in the Surfside community, which is zoned residential single family, and has specific design standards that are distinctly different from the standard design provisions for residential low- density lots (the Hill, the Coves, College Park East and College Park West). - -- Undated Petition regarding proposed change to building heights in Seal Beach Trailer Park. ❑ Requests City Council to revise the language adopted in Ordinance No. 1095 to read "2 stories or 25 feet in height, whichever is less ", signed by 102 persons (all noted as residents of the Trailer Park in the Planning Commission Staff Report of 10- 06 -82, see below). 09 -08 -82 Memorandum to City Council regarding receipt of petition requesting the City Council to revise the language adopted in Ordinance No. 1095 to read "2 stories or 25 feet in height, whichever is less ", and forwarding to the Planning Commission for consideration and recommendation. 10 -06 -82 Planning Commission Staff Report and Meeting Minutes regarding "Height Limit, Seal Beach Trailer Park ". ❑ Petitioners request repeal of 15 -foot height limit, and imposition of 25- foot height limit, as in other single - family areas. ❑ Staff Recommendation: Receive public comments and discuss alternatives. ZTA 03 -2 PC Staff Report - Separation Standards? -story Cabanas 27 r Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 ❑ Alternatives discussed in Staff Report: ❑ Should the height limit be increased? ❑ If it should, the new height could be: ❑ 25 feet, as permitted in other areas of the City. ❑ 20feet will permit 2 -story structures with flat roofs and minimum ceiling heights. o 22 feet will permit 2 -story structures with modified flat roofs. ❑ Planning Commission discussed the issues, received testimony from 4 persons, 3 within the Trailer Park, asked for additional information on methods to control aesthetics and recommendations on maximum heights, and determined to schedule a public hearing in November to take public testimony regarding he height limit in the Seal Beach Trailer Park. 10 -20 -82 Planning Commission Staff Report regarding "Height Limit, Trailer Park ". ❑ Alternatives discussed in Staff Report: ❑ Height limit discussions regarding various height limits and the aesthetic and roof style impacts of alternate height limits: ❑ Allow building height of 25 -feet maximum, area above 20 feet to be devoted exclusively to roof style, and no decks be permitted above the second floor level. ❑ Aesthetic Control Alternatives: o Architectural Review o Architectural control for permitted building materials o Establish Planning Commission as the architectural review body for cabana structures. ❑ Meeting cancelled due to lack of a quorum. 11 -03 -82 Planning Commission Staff Report (dated 10- 29 -82) and Meeting Minutes regarding "Zoning Text Amendment, ZTA 7 -82 ": o References October 20, 1982 Planning Commission Staff Report discussion regarding height limits and architectural review. ❑ Draft Planning Commission Resolution incorporates: ❑ Allowing building height of 25 -feet maximum, area above 20 feet to be devoted exclusively to roof style, and no decks be permitted above the second floor level. ❑ Planning Commission be appointed as the architectural board for two -story cabana structures. o Planning Commission Minutes: ❑ 6 persons spoke, 5 from within the Trailer Park (4 in favor of proposal) ❑ Fire Department indicated they felt it was not appropriate to raise the height limits. ❑ Public hearing continued to next Planning Commission meeting to obtain additional information on: o The Fire Department letter of November 2, 1982 ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 28 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 a The legal liability of the City in allowing construction of cabanas where the tenant has no lease or guarantee of either remaining in the park or selling the cabana/trailer when they leave. 11 -17 -82 Planning Commission Staff Report and Meeting Minutes regarding "Zone Text Amendment 7 -82 ". ❑ Planning Commission Staff Report discussion: o Fire Department Letter issues. The position of the Fire Department - would be to not oppose two -story cabanas, subject to the following conditions: a Title 25 Code requirements for setbacks and clearances and the city height requirements of 25 feet must be adhered to. ❑ Life safety sprinkler system throughout the trailer and cabana as per N.F.P.A. 13D. a Stucco exterior or 1 hour rated material under wood siding. ❑ Fire flow of 2500 gpm at 30 psi minimum for water system. o Trailer Park Management issues: ❑ Will not approve 2 -story cabanas adjacent to each other in order to: o Keep a variety of roof lines and a variety in the skyline. ❑ Reduce fire hazard potential. ❑ Prevent to 60 low income spaces from being increased in price to low income limits. a City liability issues: o City Attorney determined city has no liability. o Recommended conditions: o Title 25 Code requirements for setbacks and clearances and the city height requirements of 25 feet must be adhered to. o Life safety sprinkler system throughout the trailer and cabana , as per N.F.P.A. 13D. o Stucco exterior or 1 hour rated material under wood siding. o Fire flow of 2500 gpm at 30 psi minimum for water system. o Permit a building height of 25 feet maximum. o The area above 20 feet to be devoted exclusively for roof style. o That no decks be permitted above the second floor level. o That the Planning Commission to serve as an architectural board for the redevelopment areas with no architectural boards. a Staff had no recommendation. The Staff Report stated, "The Commission must weigh the merits of the request in light of the original intent of the Redevelopment project that created the trailer park." a Planning Commission Minutes Summary: o Five persons spoke in favor of the proposed changes, nobody spoke in opposition. ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 29 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 o Planning Commission adopted Resolution No. 1273 on a 4 -1 vote, recommending adoption of ZTA 7 -82 by the City Council subject to the following conditions: ❑ Title 25 Code requirements for setbacks and clearances and the city height requirements of 25 feet must be adhered to. ❑ Life safety sprinkler system throughout the trailer and cabana as per N.F.P.A. 13D. a Stucco exterior or 1 hour rated material under wood siding. ❑ Fire flow of 2500 gpm at 30 psi minimum for water system. ❑ Permit a building height of 25 feet maximum. ❑ The area above 20 feet to be devoted exclusively for roof style. a That no decks be permitted above the second floor level. a That the Planning Commission to serve as an architectural board for the redevelopment areas with no architectural boards. a That all of the above required safety conditions be made a requirement of all existing cabanas that are still in the process of construction. ❑ That there will be a complete Orange County Fire Department inspection of eh park and whatever they find to require change _ or correction would have to be completed before any other permits were granted. ❑ That any of the other safety standards required in the prior conditions would have to be verified as existing before any permits would be granted for 2 -story cabanas to be constructed. 12 -07 -82 City Council Staff Report with Attachments regarding Zone Text Amendment 7 -82, and meeting minutes. o City Council Staff Report discussion: . o Summary of previous discussion and recommendations of the Fire Department and the Planning Commission: ❑ City Council Minutes Summary:, o Three persons spoke in favor of the proposed changes, 1 person spoke in opposition, and 1 person raised issues regarding affordability of units. ❑ Council introduced Ordinance No. 1135, An Ordinance of the City of Seal Beach Concerning Building Heights on Small Lots and Amending the Seal Beach Code. Motion to introduce passed on a 3 -2 vote. o Council instructed staff to present development standards for cabana construction in the Trailer Park, including a provision requiring completion of cabana construction within a reasonable specified period of time. Motion passed on a 4 -0 -1 vote, with one abstention. ❑ It was noted that second reading of Ordinance No. 1135 would be postponed until such time as the cabana conditions are also approved. ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 30 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 01 -10 -83 City Council Memorandum regarding Development Standards for Two - Story Cabanas (dated 01- 04 -83) and Minutes of 01- 10 -83. ❑ City Council Memorandum discussion: ❑ Indicates that Council approved Ordinance No. 1135 on December 13, 1982, increasing the permitted height in the trailer park to two stories, or 25 feet. ❑ Staff and City Attorney prepared Ordinance No. 1137. regarding development standards for two -story cabana structures. ❑ City Council Minutes Summary: ❑ Council discussion regarding increased fire danger with the construction of two -story cabanas, completion period for partially constructed cabana structures, and plan check and inspection concerns. ❑ Fire Department indicated, "that if the measures outlined by the Fire Department are imposed as well as the City's building requirements, there should be no foreseeable fire hazard connected with two -story cabanas." ❑ Fire Department also indicated "the mitigating measures submitted by the Fire Department were developed on the premise that a cabana could be built on each space." ❑ Public comments received; three persons speaking in favor and 5 persons speaking to the issue and/or opposed the proposed height increase. ❑ Council directed City Attorney to investigate and report back the consequence of restricting two -story cabanas to every other space, and an explanation of all legal means to resolve unfinished structures and the requirement for visible designation of lot lines. ❑ Council approved, on a 3 -2 vote, first reading of Ordinance No. 1137, and requested it not be considered for second reading for thirty days. 01 -20 -83 Letter to City Manager from City Attorney regarding "Regulation of Mobilehome Parks ". ❑ Responsibility for Enforcement of the Mobilehome Parks Act. o Staff is to research this issue further. It is believed by staff that the City has assumed that authority. ❑ Scope of the City's Zoning Authority in Regulating Cabana Heights and Arrangements. o "City may regulate matters that have not been specifically preempted by the State." ❑ "With regard to the spacing of two -story cabanas, the state has not directly regulated this issue. Therefore, a city may zone with respect to the arrangement of these cabanas within a mobilehome park." ❑ Legality of Proposed Section 28- 2319(E)(3) of the Seal Beach Code Purporting to Regulate the placement of Two -Story Cabanas. ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 31 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 ❑ "It is our opinion that there is some doubt as to the legality of the spacing regulation. The testimony of the fire department representative at the last hearing did not support the claimed fare safety purpose of the regulation. Although the ordinance may be upheld given the judicial policy of generally deferring to the local legislative body, the existing record before the City Council is not very strong as to the public necessity for the spacing requirement." 02 -03 -83 Letter to City Manager from City Attorney regarding "Spacing Requirements between Two -Story Cabanas. ❑ Discussion of the imposition of a twenty -foot spacing requirement between two -story cabanas. Discussion of 5 reasons for adopting such a regulation. 02 -07 -83 Memorandum to City Council for 02 -14 -83 City Council meeting regarding "Development Standards for Two -Story Cabanas ". ❑ Provides overview of previous City Council actions and discussion of the January 20 and February 3, 1983 letters from the City Attorney to the City Manager regarding the spacing issue for two -story cabanas. ❑ Indicates that the "Participation and Disposition Agreement" has been amended to reflect the spacing issue. ❑ Fire Department has accepted the fire flows within the Trailer Park as adequate. 02 -14 -83 City Council Minutes regarding Ordinance No. 1137, Two -Story Cabanas. ❑ City manager indicated the park owner has agreed with the proposed 20 -foot spacing and the amendments to the Participation and Disposition Agreement. ❑ Discussion among the Council regarding support by the residents of the Trailer Park for the two -story cabanas, ongoing code violations /potential fire safety concerns, aesthetic control through architectural review, the reasons for the 20 -foot spacing standard, variances previously granted by the State Department of Housing and Community Development for side yard setbacks, 20 -foot separation only applies to second stories, referral back to the Planning Commission, and roadway obstructions. ❑ Mr. Javor, General Counsel, State Department of Housing and Community Development, indicated that based on a tour of the trailer park this date, he has concluded that "no fire danger appears eminent with the layout and design of the park, that the tree planter location is acceptable inasmuch as the turning radius appears to be adequate, and explained drainage problems often occur with settling of the ground in certain cases, drainage improvements are required to be made." ❑ City Council approved first reading of Ordinance No. 1137 on a 3 -2 vote. • ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 39 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 02 -22 -83 Letter to City Manager from Orange County Fire District regarding Ordinance No. 1137 and the development standards for side and rear yard setbacks. 02 -23 -83 Memorandum to Redevelopment Agency regarding Development Standards for Two -Story Cabanas, indicating the amendments to the Participation and Disposition Agreement to reflect the determinations of the City Council regarding the spacing of two -story cabanas and the responsibility to tear down any unfinished two -story cabanas upon expiration of the two -year permit on the property owner. 02 -28 -83 City Council Minutes regarding Ordinance No. 1137, Two -Story Cabanas. Matter held over to next City Council meeting to consider with Ordinance No. 1135 on a 5 -0 vote. 03 -14 -83 City Council Minutes regarding adoption of Ordinance's No. 1135 and 1137. ❑ Ordinance No. 1135, increasing building heights on small lots (Seal Beach Trailer Park) from 15' to 25' adopted on a 3 -1 -1 vote, with one no vote and one abstention. o Ordinance No. 1137, establishing development standards for two -story cabanas (Seal Beach Trailer Park) adopted on a 3 -1 -1 vote, with one no vote and one abstention. 04 -19 -84 Letter to City Manager from Ronald S, Javor, General Counsel, State Division of Codes and Standards regarding Mobilehome Park Standards o Response to questions regarding ability of a local government to require that a trailer or recreational vehicle may be moved after the construction of a cabana and can a local government prescribe standards such as floor -space limitations, for a mobilehome or travel trailer cabana. o Response re: ability of a local government to require that a trailer or recreational vehicle may be moved after the construction of a cabana: "Because of the pre - emptive statutes governing the installation of mobilehomes and the pre - emptive statutes governing the construction of cabanas, a local government may not require that the cabana be built in such a manner as to require mobility of the mobilehome." ❑ Response re: ability of a local government to prescribe standards such as floor -space limitations, for a mobilehome or travel trailer cabana: "Because of the pre - emptive statutes governing the installation and construction of cabanas, a local government has authority limited to zoning- and "architectural review" authority over cabanas. However, this authority is subject to the State's determination of intrusion into the State 's sole authority to regulate the construction, installation, arrangement, alteration, repair, use, and occupancy of mobilehome accessory buildings or ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 33 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 structures located on a lot accommodating a mobilehome. Thus, a floor -space limitation by local ordinance is not permitted in that it would interfere with the pre - emptive authority granted to the State and is not the type of exception set forth in the statute." * * * * ZTA 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 34 Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 • ATTACHMENT 6 DEVELOPMENT PHOTOS - A. SEAL BEACH TRAILER PARK TWO -STORY CABANA STRUCTURES B. SURFSIDE TWO AND THREE -STORY RESIDENTIAL STRUCTURES C. 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Zoning Text Amendment 03 -2 Elimination of Separation Standards for Two -Story Cabana Structures Planning Commission Staff Report September 3, 2003 ATTACHMENT 7 COMMENT LETTERS RECEIVED BY AUGUST 27 • REGARDING ZTA 03 -2 • A 03 -2 PC Staff Report - Separation Standards.2 -story Cabanas 39 ZT FILE COP a'') 'Th h f gJ2Jz-- CRY OF SEAL BEACH AUG Z 5 2003 �� ��� G CPARTMENT OF DEVELOPMENT SERVICES L fl 1A,2 ,..ez-kt.caea) aze...4-ce( -( g ( -4e/Y1,&L-e}"" i;MZe - ' l 2.4a47A4,, August 24, 2003 CITY OF SEAL BEACH AUG 2. 6 2003 Mr. Lee Whittenberg GLEPARTMENT OF Director of Development Services DEVELOPMENT c �� E3 211 8 Street Seal Beach, CA 90740 Re: Zone Text Amendment 03 -2 Dear Mr. Whittenberg, We are very concerned about the proposed amendment to delete the current separation standards for two -story cabana structures within the Seal Beach Trailer Park. We have watched for years as the "trailer park" has become more permanent structures that are frequently two stories and unlike any trailers with which we are familiar. It seems both a fire hazard and an abomination of the "trailer park" to continually allow structures that are certainly not trailers to be built within the park. It appears that they have their own set of building standards that simply do not comply with the codes which must be - observed by other citizens within this city. Will our fire department be willing to agree that this presents no more fire hazard than the existing structures by removing this requirement? It seems to us that the city, or we as citizens are bringing a great deal of liability upon ourselves and we personally are not interested in accepting this responsibility. We are also concerned for our own safety as neighbors who live directly across the street from the trailer park. Should a fire start within the park we are affected as are the people in the park. We will be out of the country for this hearing and would like to state our objections and have these questions answered as part'of the public hearing. An additional question and issue which we would like to see addressed is that of the intent for affordable housing and those who qualify to live in the park. When was the last time that an accounting was done to qualify residents as to their low income status? Thank you for your consideration. Sincerely, • C c'e.- ( (-V1 Loydene Lazich - William Lazich Public Hearing - Zone Text Amendment 03 -2 Two -Story Cabana Separation, Seal Beach Trailer Park City Council Staff Report October 13, 2003 ATTACHMENT 5 WRITTEN COMMUNICATIONS RECEIVED RE: ZONE TEXT AMENDMENT 03 -2 • 1 1 ZTA 03 -2 CC Staff Report.Separation Standards.2 -story Cabanas FILE COPY , COMMUNICATIONS RECEIVED RE: ZTA 03 -2 INCLUDED IN STAFF REPORT: Favoring Proposal: ❑ Frances Little — Opposing Proposal: ❑ Loydene and William Lazich, PROVIDED TO COMMISSION THIS EVENING: Favoring Proposal: . ❑ Ed and Mary Welz — ❑ Sheri Diaz, ❑ Jennifer Carlsson, o Penny Peddicord, ❑ Glenn A. Clark, i . ❑ Steve and Carlene Mesner, Opposing Proposal: ❑ Stu Orton, -- • FIL E . COpy COPY Sept 3, 2003 p To: Seal Beach City " iz.e/.2_, From: Stu Orton, Seal Beach Trailer Park Subject: Proposed deletion of S28- 2319 -3 _ This is my notice of objection to the proposal to delete the requirements of 20 feet between second story cabanas in The Seal Beach - Trailer Park. Until the City takes responsibility for and dealhwith the problems that the growth in park population has caused, the 20ft rule i s needed to keep the park livable. The 1979 redevelopment of the S.B.T.P. was originally lawfully designed for 100 coaches, but State rules were waived and 125 units - were jammed in, making the S.B.T.P. the only trailer park in the state where residents do not have enough space for parking alongside their trailer. Consequently, our - trailers are only six feet apart. This rule - breaking proximity waslivable until the "no children, no pets" rules - were dropped. Then the typical 20 -25 foot single -wide trailegwere replaced with double -wides that fill every inch of plot space. Families displaced single residents. Now we have many children (and pets) with no place to play except in the streets. . (Not completely true; I've seen children playing in the trash dumpsters and running on the shake- shingle roof of the park office). Motorist the 5mph speed limit and • it's just good luck that no-one has been hurt. Yet. Parking is an ongoing problem. Traffic, noise and pet droppings aretoo. , Break -ins, theft, vandalism, and juvenile delinquency the rise. The quality of life in the park has dropped dramatically - over the years, yet neither management • nor the City even acknowledge the problems, let alone deals with them, - Now the owner of 48 Riversea wants to build a four - bedroom two-story home six feet from my thin walled travel trailer, and move his son's family of four into that home. The City Planning Department in June approved his plans to add two - bedrooms upstairs; plans that are in violation of the 20ft rule. I notified Mr. Whittenberg (see attached) and to date have not received a response. It's a sociological eventuality that when a community population density reaches a critical point domestic disturbance and crime increases exponentially. Unless someone in authority deals with the problems now before they reach that critical point, the City is not doing the community a favor by allowing uncontrolled growth in the Seal Beach Trailer Park. And the costs of unchecked growth will be felt by the City. The need for additional governmental services: police, fir ,paramedic, animal control, schools, jails,etc, will be a burden to the taxpayer the entire City with no compensating revenue coming from those who will require those services. Those who might cry out that the 20ft rule is unfair moved in with the rule in place. What Is unfair and reckless is to change the rule now and let a two story cabana be built so close to my balcony that a flipped cigarette butt could easily burn down my home... and everyone elses. For 73 years the Trailer Park has added its distinct personality and charm to the City. It has been described as "quaint, charming, picturesque unique, innovative" and other complimentary terms. Please use your judgement and wisdom to keep the park a livable community. Until something is done to address . the increasing problems caused by uncontrolled growth in the park, the 20ft rule_serves the social and financial interests of the entire City and protecthe quality of life for everyone in the Trailer ParK as well, 0/ g... 7 _ i June 24, 2003 To: Mr. Lee Whittenberg Director, Development Services City of Seal Beach I just reviewed the plans for a two -story home at 48 Riversea Road that my neighbors submitted last week. I believe they are in violation of the twenty- foot rule (S28- 2319 -3). Specifically, the northeast corner of my second floor (see their plans) is much closer than twenty feet from their proposed second floor "Bedroom 2." I would appreciate your looking into this matter and informing me of your finding. Stu Orton Seal Beach Sheri Diaz Seal Beach, CA 90740 September 1, 2003 City of Seal Beach 211 8 Street Seal Beach, CA 90740 Dear Planning Commission, My name is Sheri Diaz and I live at - _ _ in the Seal Beach Trailer Park. I am writing to you in favor of the Zone Text Amendment 03 -2 — Deletion of Two -Story Cabana Separation Standards in the Seal Beach Trailer Park. The current twenty -foot separation is unfair and does not give all equal opportunity. When I moved here, my intent was to put in a 2 -story mobile home it would have had firewalis and met all codes. However, because my neighbor had already built a two story I was denied my request. . We are a family of three living in 700 square feet. We should all have the opportunity to build a second story if we choose. Thank you, _,,J2,111/ - /ate:e.g Sheri Diaz Sep 03 03 08:21a p, 3 To: rile Planning Commission 1 live at in the Seal Beach 1 railer Park. I agree with changing the current separation standards for the two story cabana's.. I hope that everyone in the Trailer Park can build two stories. I do not think it is fair that only a few can build and not the rest of us. I am thinking of starting a fancily, but would need to build a two story and at this time my neighbor has a two story, which disqualifies me. I grew up in Seal Beach and was lucky to be able to buy my home in the Trailer Park. Also, with the low income rents, I can live and also think about a family. Please change the set back rules and let everyone feel free to build second story cabanas if they want. Thank you, c :5: -EL— C ;;fr t—L , O . (1 Jennifer Carlsson 596 -5189 L • CCD- fil7_'Dlin7 1 Mt 1 A oat" P 1717 Sep 03 03 08:20a p.2 To: Planning Commission, I live - at , and have lived in Seal Beach for over 50 years. My Son and Daughter in law live at 48 Riversea Road at the Trailer- Park. They have two children, and need to build a two story cabana for their family. They can build • only on a small section because of the 20 foot radias, which only - gives one bedroom for the second story. We need to have two bedrooms, and a bathroom for the two story for the children. Please change the rules and make it possible for parents with children, to have room for them to live and not `sacrifice the quality of life. P.S. The parents are both disabled at this time and need to live close to us so we can help with the children. Also, they are very low income, and only hope they can build for the family. SEP -03 -2003 10:14 94% P.02 Sep 03 03 08:21a p.4 Thank you for your consideration. Mary J Welz 1 n(' qPP- LiZ -,MGYI 1L1 S QA% P. G14 l�� U 3 Z A-up,f)/DI■t ,1 . - ye}-e_ - 1 • ,�-- c.z-�- j,4) ' C 111 _ . _ ! � 2.,_ . a r z4,4.P.a. , -,4 ‘_ _ - - - G.t t . - -1 - - -'{ , M CITY OF SEAL BEACH Srz- -� -� ca., - - - SEP - 2 2003 - DEPARTMENT OF DEVELOPMENT SERVICES • Page 1 of 1 Lee Whittenberg From: Sent: Thursday, August 28, 2003 5:31 PM To: Ginger Bennington Subject: Attention Ms. Joanne Yeo, City Clerk Dear Ms. Yeo. Re Zone Text Amendment 03 -2. Deletion of two story cabana separation standards, Seal Beach Trailer Park. To all members of the Seal Beach Planning Commission. This is written submission to the Public Hearing called on Wednesday Sept. 3, 2003 regarding the above matter. From Glenn A. Clark, Seal Beach, CA 90740, (a resident of the Seal Beach Trailer Park and a sitting Board member of the Seal Beach Affordable Housing Corporation). Dear Sirs: I want to express my full endorsement of the change proposed in the Zone Text Amendment 03 -2 and in particular having this change apply to all of the trailer spaces in the Seal Beach Trailer Park. In the past the standards seemed to favor certain people over others. One person could construct a two story residence and the neighbors on either side of that person were not able to build up because of the Separation Standards imposed by the City This new change would eliminate any kind of controversy that one person was being given "special consideration" by the Planning Commission and the City over any one else in the Park. I wish to express my appreciation of your consideration of this matter. Yours sincerely, Glenn A. Clark 9/2/2003 Memo CITY OF SEAL BEACH SEP - 2 2003 Date: 9/2/2003 L:.:PAR• Ti•!C "}T CP CEVEL..'; i C-.ERV :C ^S To: Planning Commission From: Steve & Carlene Mesner Seal Beach, CA 90740 - RE: Zone Text Amendment 03 -2 Seal Beach Trailer Park • We would like to support the Zone Text Amendment for the Seal Beach Trailer Park. It would be good for the people in the park, especially those with children to have more living space. It is unfair that some can build a two - story and others cannot. Thank for your consideration of this amendment. 9/2/2003 _ Sep 03 03 01:15p p . ELE COPY ■(")"..--Lrys-A/1--\ ALL_ ‘- 13--Lky3 - lui • Th_314i „•• 0 rni Sep 03 03 01:15p p.2 PLANNING COMMISSION MEETING- - - September 3, 2003 NOTES: • MY NAME IS ED WELZ, AND I LIVE AT _ I MOVED TO SEAL BEACH IN 1958, AND BOUGHT MY HOME IN 1973 WHERE MY THREE CHILDREN WERE RAISED • I AM ABSOLUTELY IN FAVOR OF THE PROPOSAL TO ALLOW 2 ND STORY BLDG IN THE TRAILER PARK. I THINK IT SHOULD BE ALLOWED • WITHIN THE ENTIRE PARK AS AN EQUAL OPPORTUNITY FOR PARK RESIDENTS. • I HAVE FAMILY AND FRIENDS LIVING IN THE PARK, DATING BACK TO THE EARLY 1990'S. AND WITHIN THE LAST TWO YEARS FOUR MEMBERS OF MY FAMILY HAVE BECOME DISABLED AND UNABLE TO WORK, AND THEY NEED TO BE CLOSE TO MY HOME FOR AID AND SUPPORT. THE TRAILER PARK IS THEIR ONLY OPPORTUNITY TO LIVE HERE IN TOWN. • THE RULINGS REGARDING THE EXISTING OUTDATED BUILDING CODES FOR THE PARK GOT THEIR BEGINNINGS DUE TO OLD CITY OFFICIALS CONCEPTS ABOUT HOW TO BEST HELP THE LOW INCOME • CITIZENS, AND FROM LISTENING TO THE PEOPLE WHO WANTED NO GROWTH OR CHANGE IN SEAL BEACH, ESPECIALLY IN THE TRAILER PARK. I KNOW THIS BECAUSE JOYCE RISNER WAS MY NEIGHBOR AND FRIEND AND SHE WAS ON THE CITY COUNCIL THAT VOTED IN THE "AESTHETICS" RULINGS. AFTER SHE LEFT THE COUNCIL AND TOOK A SECOND LOOK AT THE TRAILER PARK, SHE REVERSED HER POSITION AND WAS IN FAVOR OF ALLOWING BUILDING. • THE OLD THINKING WAS THAT THE POOR PEOPLE IN THE PARK NEEDED "SPECIAL ATTENTION AND SOMEONE TO WATCH OVER THEM AND TO' PROTECT THEM FROM THEMSELVES ". THEY NEEDED AESTHETICS. THEY NEEDED CLEARANCES AND SEPARATIONS AND OTHER CONSIDERATIONS UNLIKE ANYBODY ELSE IN SEAL BEACH. • WHY IF THE CITY DID NOT STOP THEM, THEY MIGHT ACTU -ALLY IMPROVE THE WAY THEY LIVE AND HARM THE AESTHETICS. IN REALITY, YOU CANNOT USE THE TOILET OR SLEEP IN AN cmo_n.,-nnn-2 a c. no ocv P GI? Sep 03 03 01:15p P• 3 • "AESTHETIC ". SOME RESIDENTS ARE FAMILIES AND NEED BATHROOMS AND BEDROOMS, NOT THE ARBITRARY CONCEPT OF AESTHETICS. REMEMBER THAT ONE PERSON'S BEAUTIFUL, CAN BE ANOTHER PERSON'S UGLY. IT'S A PERSON PERCEPTION. • THE BUILDING CODE INEQUITY THAT EXISTS BETWEEN THE TRAILER PARK AND THE REST OF THE CITY 1S ARBITRARY AND CAPRICIOUS. NOBODY IN SURFSIDE OR OLD TOWN IS DENIED BUILDING ONTO THEIR HOMES ON THE BASIS OF AESTHETICS. AND THE CONCERNS OVER FIRE HAZARDS HAS BEEN KILLED BY THE FIRE DEPARTMENT YEARS AGO. IT HAS NO BASIS IN TECHNICAL BUILDING CODE TERMS. IT IS POSSIBLE THAT IT COULD BE ELIMINATED BY A LAWSUIT, WHICH IS LIKELY TO HAPPEN IF THE CITY DOES NOT ACT TO CORRECT THE WRONG HERE THE TRAILER PARK RESIDENTS NEED EQUAL OPPORTUNITY, NOT PROTECTION FROM THEMSELVES. WHO CAN LIVE IN THE PARK, AND HOW IS ALREADY GOVERNED BY THE REQUIREMENTS OF QUALIFICATIONS TO LIVE THERE. • ANOTHER ERROR BEING PERPETUATED IS THE WAY IN WHICH THE CITY LISTENS TO LOUD COMPLAINTS FROM SOME TRAILER PARK RESIDENTS REGARDING ADDITIONAL BUILDING. THIS IS THE "I GOT MINE AND LEAVE THINGS AS -IS" GROUP THAT DO NOT WANT ANY • CHANGE. THEY USE ALL KINDS OF EXCUSES LIKE PARKING, , CROWDING, AESTHETICS, SUNLIGHT, ETC., TO GET THE EAR OF THE CITY OFFICIALS. IT 1S T1ME TO VIEW THE BUILDING CODES AS TECHNICAL ISSUES NOT GOVERNED BY PERSONAL CONCERNS. THE REST OF THE CITY HAS THE CODES THAT IGNORE THESE CONCERNS. WHEN MY NEIGHBOR BUILT A TWO STORY HOUSE NEXT TO ME, THE CITY WAS NOT CONCERNED THAT I WAS IMPACTED AESTHETICALLY, OR THAT I WAS POOR AND NEEDED PROTECTION. • • IN CONCLUSION, I URGE YOU TO INITIATE THE CHANGES THAT WOULD RESULT IN ONE, AND ONLY ONE SET OF EQUAL OPPORTUNITY BUILDING CODES WITHIN THE CITY. THANK YOU. • r FILE CIFY a' ' 03 C , q 7 a 71 ib - •g-0L- t F T SEAL BEACH y � - � . '� AUG 2 5 2003 -4 ,/, G A [ 2 rriENT 03 Citi 64 1 2 .frIt 3p4,.,,v»-5-- _ L DEVELOPMENT SERVICES ; L- ni 11) . ' Jt(,'-t-L). ---toii -tea ,izt,24,-( ii,..0 .ii-L-,-e--t--e--;e-ff ,i n.--4-oz.> • (g . -. fd)ie.6 N ct/A)`A'r-A—v4- 4..6.0-- y.a,e-? or e-1,-Irte-a_> *../eA1-6L-i,o- Av4_,It-, c9 ,-44_ ,i;m4 ) 24,;(it-v .,1>x> ,v2:i_ .z6v-0),A2y-eJleel-e-et-- a -la t 0/ .a,€) ' - )66 4 p.A.J2-e-fi-P2 - t 7 >zi-i-12- .4_,12.-) a te, c1z--tik��e -L f _�` jk sz- • .,e_,iXq vu-o-A2J--A, --14-0t-4LJ2_).,,p-;c--ede- ,„:2_ ,,,,,,,,,,,„ _ 402-4--a-L4--iud-i ,&t.,_to) _ ,e_k,ei-)z,/_,y,c_,a-eg-44-ee,, 1-z,,t,t,,,,Q.,..e. iya-fey 12)24ipb, d uli2) ,(4_,,idiek,,:t1, _Avelp-,"}-z41 , aA1 piled; .S"--ell) °21/11- 41■042-t • Cr'kel- 11122fjlo°11- .7/Z'f-- 2/7"‘2- fi-Y '4--aj24-17 '41...-2-. Ct- ...d../e4Q-d 2t4A--/' - i / ' ' ' - `1°:417' ' *et'221 4.; `AIL / f • , i __ ,J-A.ei",,i,,,r.4,i7,,iiizio FILE copy August 24, 2003 CITY OF SEAL BEACH AUG 2 6 2003 Mr. Lee Whittenberg CLEPARTMENT OF Director of Development Services DEVELOPMENT c r +' E5 211 8 Street Seal Beach, CA 90740 Re: Zone Text Amendment 03 -2 Dear Mr. Whittenberg, We are very concerned about the proposed amendment to delete the current separation standards for two -story cabana structures within the Seal Beach Trailer Park. We have watched for years as the "trailer park" has become more permanent structures that are frequently two stories and unlike any trailers with which we are familiar. It seems both a fire hazard and an abomination of the "trailer park" to continually allow structures that are certainly not trailers to be built within the park. It appears that they have their own set of building standards that simply do not comply with the codes which must be observed by other citizens within this city. Will our fire department be willing to agree that this presents no more fire hazard than the existing structures by removing this requirement? It seems to us that the city, or we as citizens are bringing a great deal of liability upon ourselves and we personally are not interested in accepting this responsibility. We are also concerned for our own safety as neighbors who live directly across the street from the trailer park. Should a fire start within the park we are affected as are the people in the park. We will be out of the country for this hearing and would like to state our objections and have these questions answered as part of the public hearing. An additional question and issue which we would like to see addressed is that of the intent for affordable housing and those who qualify to live in the park. When was the last time that an accounting was done to qualify residents as to their low income status? Thank you for your consideration. Sincerely, • c Y )f .. r aixe} Loydene Lazich William Lazich Seal Beach, CA 90740