Loading...
HomeMy WebLinkAbout1988-01-06; Planning Commission; MinutesMINUTES CALL TO ORDER: Chairman McFadden called the Meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE was led by Chairman McFadden. ROLL CALL : Present - Chairman McFadden, Commissioners Hall, Holmes, Marcus, Schlehuber, and Schramm Commissioner McBane Absent - Staff Members Present: Michael Holzmiller, Planning Director Charles Grimm, Assistant Planning Director Gary Wayne, Senior Planner Adrienne Landers, Associate Planner Bobbie Hoder, Senior Management Analyst Ron Ball, Assistant City Attorney Lloyd Hubbs, City Engineer Bob Wojcik, Principal Civil Engineer Martin Orenyak, Community Development Director Mike Smith, Fire Captain PLANNING COMMISSION PROCEDURES: Chairman McFadden reviewed the Planning Commission procedures on the overhead for the benefit of the audience. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED IN THE AGENDA: There were no comments from the audience. Motion was duly made, seconded, and carried to commend Mary Marcus, 1987 Planning Commission Chairman, for her outstanding leadership over the past year. Meeting of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: January 6, 1988 Place of Meeting: City Council Chambers COMMISSIONERS v Hall Holmes Marcus McFadden Schlehuber Schramm PUBLIC HEARING: 1) RMHP 87-l SOLAMAR - Request for a mobile-home park permit and waiver of a tentative and final map to convert an existing mobilehome park to condominium ownership at the east side of Carlsbad Boulevard, west of the AT&SF railroad, south of Palomar Airport Road in the RMHP zone, Local Facilities Management Plan Zone 22. Prior to her staff presentation, Adrienne Landers called to the Commission's attention changes to Conditions 1111 and 1123 which were distributed by staff memo dated January 5, 1988. Adrienne Landers, Associate Planner, reviewed the background of the request and stated that the applicant is requesting approval of a residential mobilehome park permit and the waiver of a tentative and final map to allow conversion of the Solamar Mobilehome Park to condominium ownership. The Solamar Mobilehome Park consists of 108 mobilehomes, clubhouse, pool, and laundry facilities on 12.5 acres located on the east side of Carlsbad Boulevard, west of the AT&SF railroad, and south of Palomar Airport Road in the RMHP zone, LFMP zone 22. P MINUTES January 6, 1988 PLANNING COMMISSION Page 2 The park has been in existence for nearly 30 years and is populated mainly by senior citizens. Condominium conversion would give them the security of private home ownership and the freedom from worrying about annual rent increases. The City is also interested in approving the condominium conversion because it will stabilize housing costs for a large number of residents who live on fixed incomes in the park. It will also increase the health and safety of the residents over time by bringing the park into conformance with the development standards of the mobilehome park zone. Staff has reviewed the proposed conversion and finds that it complies with the zoning General Plan and LCP designations. It is also consistent with the Subdivision Map Act, growth management, and the findings required to grant a waiver of the tentative and final map. A number of nonconformancies were discovered at the park , many of which were installed while the park was in the county jurisdiction and grandfathered in when the City took over in 1981. Staff felt that most of the noncritical items (setbacks, lot width, parking) would correct themselves over time as coaches were expanded or replaced. As a result of field inspections by the Building and Fire Departments, an abatement program was established for those critical nonconformancies which were considered to be potentially unsafe. A major concern relates to the water supply availability at the park. Both the Fire Department and Costa Real feel that the water system is inadequate to provide the delivery of sufficient water for fire protection purposes. As a result, in addition to the abatement program the project was conditioned to upgrade the water system within one year of the recordation of the Certificate of Compliance. With the conditions required to mitigate the nonconformancies, the proposed conversion meets all of the required findings and staff recommends approval. Commissioner Schlehuber requested that the record show he had toured the park with Mr. Williams and had received letters from Ruth and John Watson as well as Mr. Taft which are on file. Chairman McFadden and Commissioners Schramm and Marcus also indicated that they had toured the Solamar Mobilhome Park with Mr. Williams. Chairman McFadden inquired if the abatement program in the staff report is the one referred to in Condition #lo, page 4. Adrienne Landers replied that Condition #lo refers to the entire abatement program and not just Phase 1. Chairman McFadden inquired if the applicant had been furnished a copy of the abatement program and the changes to Conditions #ll and #23. Adrienne Landers replied that the applicant was aware of the abatement program but had not received the changes to Conditions #ll and H23. A copy of the staff memo was given to the applicant. Commissioner Schlehuber inquired if the change to Condition #ll requires removal of the sheds which do not conform to standards. Adrienne Landers replied that the abatement program addresses only the critical nonconformancies, not setbacks or parking. Commissioner Schlehuber inquired if the abatement program covered the water, temporary visitor trailers, two nonconforming lots, and relocation of storage sheds. Adrienne Landers replied that the abatement program covers specific corrections to specific lots. Members of the gallery were given copies of the abatement program. COMMISSIONERS P /c\ MINUTES January 6, 1988 PLANNING COMMISSION Page 3 COMMISSIONERS Mike Smith, Fire Captain, briefed the Commission on the the abatement program and stated that most of the corrections were to storage cabinets which are located on or near the property lines, a violation of the ordinance and Title 25 requirement which prohibits placement of combustible storage cabinets within three feet of the property line. Each specific lot, nonconformancy, and needed correction was discussed. Slides were shown of nonconforming conditions. Commissioner Hall inquired how Condition #13 will work and Adrienne Landers replied that prior to the recordation of the Certificate of Compliance, the occupants of Spaces 35 and 58 will be required to sign a life leasehold agreement which will allow them to reside at their current space. Commissioner Hall inquired if the life leasehold agreement pertained to the current residents only, or if it included their heirs and descendants. Adrienne Landers replied that it applied only to the current residents of those spaces. At the conclusion of the life leasehold, the spaces would convert to guest parking. The park would presumably purchase the spaces from the current residents at that point in time. Commissioner Hall inquired what purchase mechanism would be used. Adrienne Landers replied that she could not specify the mechanism, only that at the conclusion of the life leasehold the spaces would convert to guest parking. Ron Ball, Assistant City Attorney, responded that the purchase mechanism would have to be covered in the agreement itself, and that perhaps the homeowner's association could convey consideration for the remaining value of the leasehold. Commissioner Hall inquired if it would be better to finalize the purchase arrangements at this time and Mr. Ball replied that an attempt could be made to do it at this time but that the property values would be difficult to determine. If it is determined that there is no leasehold value at the end of the lease, the annual inspections would verify when the lease was terminated and the conveyance could be determined automatically. converted to guest parking. The spaces would then be Commissioner Schramm inquired discussed were a part of the that they were. if the two sites being 108 spaces. Mr. Ball replied Commissioner Schramm inquired that since the lots were currently in the process of being purchased, and the property ultimately went to heirs, if the purchase arrangements would be written into the lease agreement. Gary Wayne, Senior Planner, replied that staff envisions the sites being purchased by residents reduced to 106 spaces and that those two sites would be purchased now by the homeowner's association. The life lease would be offered by the homeowner's association to the two residents. Chairman McFadden declared the public hearing open and issued the invitation to speak. Don Williams, President of the Solamar Park Purchase Committee, 204 Sea Breeze, addressed the Commission and stated that Solamar is the first park to achieve 100% participation to purchase and gave a brief overview of the history of the negotiations and the concerns of the residents, i.e. rental increases, rezoning, and upkeep. He stated that it has become necessary to purchase the park with P\ 4 \ b' - P -s MINUTES January 6, 1988 PLANNING COMMISSION Page 4 COMMISSIONERS a GAP loan bearing an April 30 deadline and that it is necessary to have all approvals (Planning Commission, City Council, Coastal Commission, and Department of Real Estate) by April 1 in order to meet the deadline. If they do not meet this deadline the residents are faced with an additional $72,000 to pay for points to extend the loan. He urged approval of the project and thanked staff for their assistance in the conversion process. Commissioner Holmes inquired on the status of the Coastal Commission approval. Mr. Williams stated that this was being handled by the consultants. David Summers, Continental Associates, responded to the question and stated that the Coastal Commission will not review the project without affirmative action by the Carlsbad City Council. Isabelle Preen, 6525 Easy Street, Solamar Estates, addressed the Commission and stated that the residents attempting to purchase the park are mostly retired with modest, fixed incomes. They need to keep costs at a minimum. Commissioner Hall inquired if she was in agreement with the abatement program and Ms. Preen replied that she only received a copy of the abatement list this evening. Frank Clark, 201 Easy Place, Solamar Estates, addressed the Commission and stated that he is representing himself (Space 835) and his mother-in-law who is 85 years old (Space #58). Due to infirmities, his mother-in-law resides in a small travel trailer located on Space #58 because it is easier for her to move around in and take care of. He has been advised that there is room on the lot for a mobile home, including proper setbacks. They would like to purchase these lots and do not want to be discriminated against. Slides of Spaces #35 and #58 were shown to the Commissioners and the gallery. Commissioner Hall inquired about the square footage of the spaces. Adrienne Landers replied that Space 835 is approximately 1,100 sq. ft. and Space US8 is approximately 1,400 sq. ft. Maxine House, 6528 Ocean View, Solamar Estates, addressed the Commission and stated that she has lived at Solamar since 1976. She feels that the requirement to move the sheds would create a hardship on the widows and elderly. She feels that the metal protectors would be nice but that it might be a problem to get them done within 30 days. Commissioner Schlehuber inquired if Ms. House was aware that the sheds did not have to be moved if they received the protective exteriors. She replied that she had only received that information this evening. Commissioner Holmes inquired on the average lot size at Solamar. Adrienne Landers stated that the minimum requirement is 3,500 sq. ft. but she would guess that the average is about 2,800 sq. ft. since 68% of the lots do not conform to the minimum. Bethine Bellman, 6507 Friendly Place, Solamar Estates, addressed the Commission and stated that she is in favor of retaining the four RV sites. She feels it is a great convenience to residents with guests and visitors passing through the area. The sites are well maintained and the monthly revenue to the park is about $800 mo. which can be applied to their expenses. f” ? MINUTES January 6, 1988 PLANNING COMMISSION Page 5 COMMISSIONERS Chuck French, 6532 Ocean View, Solamar Estates, addressed the Commission and stated that he was surprised to hear that the water system is ineffective for fire. He feels the cost to replace the water system within one year would be prohibitive when the $800 mo. revenue from the RV sites is being eliminated. Commissioner Schlehuber inquired who would be liable if someone was unable to escape from their home in a fire and two people died. He feels it would be much better to improve the water system now and add the cost to the original loan rather than later. David Summers, Continental Consultants, responded that the people would certainly be upset if a fire-related death occurred but the park has existed for 30 years and there has not yet been a fire. He feels the problem was inherited and that it will cause a financial hardship since many people have already dipped into their meager savings. He is concerned about all the additional expense of the abatement program and the replacement of the water system in addition to the fees which have already been assessed. He feels the replacement of the water system will cost around $100,000. Commissioner Marcus stated that she felt $1,000 per unit was an insignificant amount when it concerned the health and safety of the residents. Commissioner Schramm inquired if staff would consider extending the one year limit on the water system. Mike Smith replied that an extension would be considered if major strides have been taken and completion of the project is imminent. Commissioner Holmes inquired if Martin Orenyak, Community Development Director, was aware of any public money which might be available to assist the park residents in correcting the water deficiency. Mr. Orenyak replied that the only funding available would be straight general fund, set aside/redevelopment money, or block rent money. He sees nothing on the immediate horizon but their request for financial assistance would be considered. David Summers, Continental Consultants, 7970 Convoy Court, San Diego, addressed the Commission and stated that the conversion is for economic stability and he feels that the conditions imposed (fire safety, parking, etc.) are for aesthetic purposes. In his estimation, the conversion is simply a change of ownership. He stated that the Purchase Committee had the option of a condominium conversion or a cooperative conversion. The condominium conversion requires more money up front but the interest rates are more favorable. He cited Condition #3 and stated that mobilehome parks are exempt from paying fees. He cited Conditions #6, f/7, and H8 which are not applicable since the landscape is maintained through CC&R's. He cited Condition UlO and feels that longer time needs to be allowed. He cited Condition t23 and requested consideration; he feels 3-5 years is needed to complete the replacement of the water system. He does not know if the bank will lend additional money to correct the water problem. Commissioner Hall inquired why the Committee had selected the condominium conversion over a cooperative conversion and Mr. Summers replied that a condominium is more marketable. January 6, 1988 PLANNING COMMISSION Page 6 COMMISSIONERS Commissioner Hall inquired about Mr. Summers' reference to current standards since the only standard being required was holding to the fire standard. Mr. Summers replied that he was referring to the two spaces which will be converted to guest parking since most of the mobilehomes do not meet the minimum lot size standard. Since a single width mobilehome will fit on those lots, he feels the residents should be given the opportunity to purchase the lots and place a new mobilehome on the sites. Commissioner Marcus inquired if Mr. Summers had remarked that the residents don't want to upgrade the park and don't want aesthetic improvement; she wanted to be sure she heard correctly. Mr. Summers confirmed that he had made that statement in his opening remarks. Sue Lofton, attorney, Continental Associates, 7970 Convoy Court, San Diego, addressed the Commission and requested changes to specific conditions: i/4, revise the last sentence requiring approval of the City Attorney to read that changes to the CC&R's and conditions shall be notified to the City; #5, 116, t7, b8 are satisfactory; delete #9 and place a prohibition in the CC&R's against a time share project; #lo, time frames for the abatement program are inadequate; 1111 as amended, delete the reference to inadequate yards; #12, delete the second sentence and substitute that replacement structures shall comply with current standards; 1113, delete in entirety or else change wording to homeowner's association will offer lifetime lease; W14 acceptable; H18, change wording that all variances are allowed upon review and cannot be required to be removed in subsequent reviews; #22, remove Spaces 38 and 39 or clarify them in the abatement program; #23, eliminate reference to one year. She stated that it has not been intended to convey that corrections to the fire hazard conditions in the park are not needed. The only objections are to the time frames. She requested notification on availability of funds to assist the park in mitigating the water system deficiency. Commissioner Schramm would like to have Fire Captain Smith respond to some of the comments. Mike Smith responded to Mr. Summers' comment about the inadequate water system and stated that the department was not aware of the extent to which the water system was deficient. He also stated that the department is attempting to work with the homeowners on the abatement procedures and will spend as much time as necessary with each of the homeowners to solve their individual problems. Commissioner Holmes inquired about the 3-5 year request to mitigate the water deficiency and Mike Smith replied that the Fire Department feels that one year is adequate and that 3-5 years is very risky. It is possible that there may be a way to improve the current system. If significant progress has been made after one year and completion is imminent, the department could look favorably on a reasonable extension of time. Commissioner Holmes inquired if the park would be shut down in the event the system has not been completed after 12-14 months. Mike Smith reiterated that if significant progress has been made after one year and completion is imminent, the department could look favorably on a reasonable extension of time. r‘ T MINUTES January 6, 1988 PLANNING COMMISSION Page 7 COMMISSIONERS Commissioner Schlehuber inquired about Sue Lofton's reference to Coaches #38 and 1139 in Condition #22. Mike Smith replied that those coaches would be deleted from the condition. Commissioner Schlehuber inquired about the leasehold reference in Condition U13. Gary Wayne replied that Ms. Lofton is requesting a rewording that the homeowner's association is required to "offer a life lease." Whether or not the residents sign it, is up to the residents. If the current residents do not wish to sign a life lease, those spaces would convert to parking immediately. Chairman McFadden inquired how much additional parking would be available with the elimination of the travel trailer spaces. Adrienne Landers replied that the parking would increase by an additional 14-16 spaces. Sue Lofton was offered rebuttal time but her only comment was that the Fire Department was being extremely helpful and she was reasonably sure that mitigation could be worked out prior to the City Council meeting. There being no other person to address the Commission on this topic, Chairman McFadden declared the public hearing closed and opened the item for discussion among the Commission members. Commissioner Holmes stated that the Commission should view the park realistically since is it 30 years old. Although some items can be overlooked, he feels that the safety factor is critical and must be cured. Commissioner Schlehuber agrees with Commissioner Holmes regarding the fire safety. He feels that the four rental units take up a lot of space and Mr. Taft has written a letter regarding parking problems. Commissioner Schlehuber feels that the conditions are fair and can support the staff recommendation. Commissioner Hall cited a fire in La Costa over Christmas which came very close to destroying adjacent homes. When a fire occurs, it is too late the cure the problem. He feels the Commission must take this into consideration. Commissioner Schramm can go along with the requests but must insist on the fire conditions. Commissioner Marcus feels it is fortunate that the water problem was uncovered prior to a problem. She can support staff's recommendation. Chairman McFadden can support the staff recommendation. She is very concerned about Lot #58 and the RV parking since she does not see available space for a fire engine to pass or even turn around. Motion was duly made, seconded, and carried to adopt Resolution No. 2708 recommending approval of RMHP 87-l and waiver of a tentative and final map for the Solamar Mobilehome Estates conversion based on the findings and subject to the conditions contained therein, and including the Planning Department memo dated l/5/88 with revisions to Conditions 1111 and 1123; the Fire Department memo referring to Condition I10 and containing the abatement program; removal of Coaches #38 and #39 from Condition 1122; and revision of Condition i/13 to read that the current Hall Holmes Marcus McFadden Schlehuber Schramm X 9 MINUTES January 6, 1988 PLANNING COMMISSION Page 8 COMMISSIONERS residents of Spaces #35 and 1158 will be offered a life leasehold. MINUTE MOTION Motion was duly made, seconded, and carried to recommend to the City Council to direct staff to do a zone code amendment to correct the development standards for the RMHP Zone to address setbacks for carports/awnings or garages. RECESS The Planning Commission recessed at 7:37 p.m. and reconvened at 7:50 p.m. INFORMATION ITEM: 2) Presentation on Regional Hazardous Waste Management by Laura Tamayo of the County Department of Health Services. Laura Tamayo stated that she represents the San Diego County Department of Health Services, Environmental Health Services, Hazardous Materials Management Division. Her report addressed Assembly Bill #2948 (Tanner) and the strategy being taken by San Diego County to enforce the law. She stated that San Diego County generates 120,000 tons of hazardous waste each year and is the second largest generator in California. The wastes are currently being placed in land fills, which are being phased out. Land fill disposal of untreated wastes will by prohibited on January 1, 1990. After that date, treated waste residuals will be permitted in specially designed land fills. Within the last five years, all six of Southern California's hazardous waste landfills have closed; there are only two remaining landfills available--one in King's County, and one in Santa Barbara County. She showed a 15 minute slide presentation which 1) defined hazardous wastes, why they are produced, and the types of damage on humans and the environment; 2) pointed out approaches to treatment technologies to reduce volume and toxicity, and the need for treatment facilities to comply with the regulations; and 3) described the new State planning process required by the Tanner Act. Laura Tamayo concluded by saying that in 1986 Carlsbad generated 1.1% of the San Diego County hazardous waste total and that Carlsbad is considered a small generator. Each Commissioner was given a copy of a report which listed statistical data on wastes produced in San Diego County. AB 2948 requires that each county submit a Hazardous Waste Management Plan to the State. San Diego County will submit their draft report to the Board of Supervisors in March and the plan will be circulated after that time and submitted to the State on March 31, 1988. Chairman McFadden inquired if the Planning Commissioners could be provided a list of the Carlsbad generators and Laura Tamayo replied that she would furnish that list. ADDED ITEMS AND REPORTS Charles Grimm, Assistant Planning Director, stated that the Local Facilities Management Plans for Zones 11 and 12 will be Hall Holmes Marcus McFadden Schlehuber Schramm January 6, 1988 MINUTES PLANNING COMMISSION Page 9 presented at the meeting on January 20, 1988. Packets will be out to the Commissioners on Friday. Charles Grimm reminded Commissioners of the workshop on January 29, 1988 from 9:00 a.m. to 3:00 p.m. at the Beach View Lodge. Chairman McFadden stated that she would be meeting with Commissioner Hall next Wednesday to develop an agenda for the workshop. She invited suggestions from the Commissioners. Motion was duly made, seconded, and carried to recommend to the City Council to direct staff to develop some type of noise ordinance for new housing along transportation corridors. MINUTES: The Planning Commission approved the minutes of December 16, 1987 as presented. ADJOURNMENT: By proper motion, the meeting of January 6, 1988 was adjourned at 8:30 p.m. Respectfully submitted, MICHAEL HOLZMILLl% Planning Director BETTY BUCKNER Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE MINUTES ARE APPROVED. Hall Holmes Marcus McFadden Schlehuber Schramm Hall Holmes Marcus McFadden Schlehuber Schramm Hall Holmes Marcus McFadden Schlehuber Schramm x x K x x K K R x K K x K K K x K