Coronado Common Sense

Coronado Cays Yacht Club Plans Open House Next Weekend

 

[Click on image to enlarge for easier readability]

Coronado Cays Entrance Workshop Tonight

 

 

Source: City of Coronado website

Coronado Cays Structure Fire

 

Fire units from Coronado, Imperial Beach, Federal Fire Department and Chula Vista responded with Coronado Police to the report of a structure fire on Monday, April 1, at 17 Half Moon Bend. This structure was a duplex consisting of two single-family units.

 

On arrival at about 5 p.m., Coronado Engine 37 reported active fire on the roof extending inside. All residents were out of the structures on arrival. Battalion 53 arrived shortly after and assumed incident command, directing fire crews to the roof and inside the structure. As more crews arrived they were directed to the adjoining structure and coordinated suppression efforts to stop fire from reaching the adjoining structure, which was limited to a common wall. The fire was extinguished with first alarm units. Fire crews assisted both homeowners with securing their personal properties.

 

Source: 04.05.13 City Manager's Weekly Report

Coronado Cays Entrance Workshop Tonight

 

Source: City of Coronado website

Letter To The Editor: Cays Planned Community??? . . . My Foot!

Heil Hitler!!! ...If you think our cities, states and Federal Governments have screwed us over; take a look at the Coronado Cays Home Owner Association. At their June 28th Regular Meeting, 8 out of 9 directors present approved a complete teardown and rebuild of an attached end unit Town home located at 13 Port of Spain Road.

CARLA BACON director of Port Royale Village was the only descending vote. When the subject on the agenda came up to approve AECC recommendations LOUISE WONG, owner of 11 Port of Spain voiced her concerns and objected to the project. She said her comnon wall would be exposed to the weather during construction and the architectural design was not compatible with the neighborhood.

 

I addressed the Board on behalf of MRS. WONG and the many Coronado Home Owners opposed to the massive expansions going on since the elimination of the Special Use Permit and the Coronado Specific Plan Ordinance. I objected to the tear down of an adjacent attached unit, the design, the lap pool close to the sea wall, etc. Discussion followed among the directors, PRESIDENT KIM TOLLES asked for a motion to approve or deny. No hands went up. It appeared no one wanted to bite the bullet. FRED BROWN made a motion to send it back to the AECC (Architectural Committee).

 

GENERAL MANAGER LARRY PETERSON said, “That won’t do any good”, (he sits on that board with no vote). CARLA BACON said she did not think she could vote to approve and was told she needed to give a reason. She said her main objection was to the architectural design did not fit in with other like units. MIKE DURGIN, newly appointed director who replaced David Love as Trinidad Village director made the motion to approve the project after commenting that he was new on the Board and was not an expert. STUART LANDERSMAN Antigua Director seconded the motion. This was his last meeting as a director as elections for new directors take place in August.

 

And so the beat goes on. The rule in the Cays planned community seems to be there is no longer a plan and anything goes. Or, perhaps it depends on who you are and what you want. MRS. WONG mentioned some time ago she wanted to put up a glass screen and was turned down and said the Board is willing to approve an entire terrace with glass screen. Go figure.

 

By the way, FRANK RICKMAN who serves on the AECC lives in a town home in Kingston Villas (with adjacent walls) voted against the teardown project. It has been said that 60% of homes in California are in Planned Communities. I’m wondering just how many associations are allowing these major building projects. I wonder how many people who buy a home in a planned community imagine they would be a victim of a teardown like MS WONG, with ongoing construction on the other side of your common wall for up to 18 months. That’s a nightmare! And, a bigger one is a lawsuit against the association for approving such a project. But wait….MR. PLOTKIN, owner of the proposed teardown in his request application to the AECC states “the governing documents clearly limit the AECC’s authority to one of exterior design review”. It also says, “ The applicable AECC Application Guidelines and CC&R’s leave no doubt that the AECC’s authority is limited exclusively to exterior design review to preserve the Community in an attractive appearance for the enjoyment of residents” If exterior design is the extent of the AECC’s authority, the question arises as to why the Cays HOA has created a mini planning department? The HOA Board of Directors determines the duties of the AECC. So, who gave the duty to the AECC to act on building matters and those established in the governing documents without a vote of the membership to change the governing documents? Is this the run around or what?

 

Let’s see the BOD gives the AECC their duties. The AECC does the duties given to them by the BOD. The BOD creates the rules establishing the duties for the AECC. What a win-win situation for the BOD to have a wingman like the AECC. And we thought Watergate was a biggie. Well folks, it’s not that complicated. Once upon a time, the Cays was a peaceful, quiet, neighborly community. All was well until a few owners wanted to expand on their zero lot line homes. That’s when the FEW would take priority over the MANY through the manipulations of the Board of Directors at that time and the City of Coronado. The problem was how to circumvent the governing documents and do what they wanted. So, without the vote of the membership or a vote to change the governing documents, they set their course
and accomplished their goal by eliminating the Special Use Permit agreement between the developer and the city of Coronado and creating the Coronado Cays Specific Plan Ordinance. It took from 2001 to 2005 before I and other homeowners discovered what had happened to cause all the changes in building and expansions beginning to appear. And, to this day, many have no clue and won’t know until they get a notice someone is going to expand their home next to them. This puts neighbor against neighbor. Who wants to go to the HOA BOD and speak against their neighbor? No one. So don’t wait until the problem is in your back yard.

 

Your rights and freedoms don’t exist without your effort. Attend the HOA meetings and City Council meetings and voice your opinions. It’s your community and your City. November is coming ….know your candidates before you vote. The brown shirts may be just over the horizon.

 

Ella Croshier

Emergency Preparedness Seminar On April 14th For Cays Residents

 

The Coronado Cays Homeowner's Assoc. Safety Committee is presenting an Emergency Preparedness Seminar on April 14th, 2012 from 9:00am-11:00am in the Grand Caribe Room, 505 Grand Caribe Isle.

The purpose of the Seminar is to make residents of the Cays aware of potential disasters and how to prepare themselves and families in the event of a major disaster in the Cays.

Speakers will be: Chief Perry Peake, Coronado Fire Department; Ana Ortiz, American Red Cross and Susan Heavilin, CERT.  As well, Fred Brown, President of CERO and the Cays Radio Officer will be speaking about the communications system that has been established to keep us all informed during an emergency.

At the end of the seminar, a drawing will be held for two 72-hour survival kits.  Coffee and pastries will be served.

Please RSVP to Michelle Junet, (619) 429-9601 or michellejunet@att.net.

This might be the meeting that will save your life and that of your loved ones!!

Submitted by Michelle Junet

Breakdown Of A Planned Community

By Ella Croshier

March 8, 2012- The very essence of a Planned Community is that the property owner relinquishes some of his individual property rights to the collective will of the community as set down in the governing documents. The major advantage to this type of arrangement is the implied understanding of “What you see and what you like will stay that way”. However, some, even though they signed on to the rules of the Coronado Cays Planned Community, chose to find a way to get around the rules and with the cooperation of the HOA Board of Directors and the City of Coronado found a way to do it. However, like the “Sorcerer’s Apprentice” with no rules they have unleashed the destruction of the Planned Community.

It is interesting to note The Cays Architectural Committee is finally faced with a request they must reckon with due to exceeding their limitations. Paul and Jan Plotkin have requested approval for a complete teardown and rebuild of 13 Port of Spain Road, a single level end unit in a group of attached townhomes asking all correspondence be directed to attorney firm of Solomon Ward Seidenwurm & Smith. Having lived in the Cays for 33 years and experienced the HOA process regarding construction changes they are aware their request is a first for a complete teardown/rebuild of an attached townhome. The Plotkins previously obtained approval to make construction changes to 17 and 19 Port of Spain, which they own and cite them as similar changes. Their request states the HOA BOD ‘Must” approve their request that the AECC has limited powers for design, materials and workmanship. The sequence of events changing “THY SHALT NOT BUILD into THOU SHALT BUILD" are as follows:

CCHOA Governing Documents did not permit expansions in several villages prior to adoption of the Specific Plan Ordinance adopted Dec. 2001.

Did the CCHOA BOD instead of denying individual requests to expand decide to investigate ways to allow major remodeling and reconstruction without a vote from Coronado Cays Homeowners as required by the Coronado Cays Governing Documents?

CCHOA BOD requested and received cooperation from City of Coronado to eliminate the Special Use Permit Agreement between the developer and the city prior to its expiration date of December 21, 2016.

The SUP or Special Use Permit was a document negotiated and agreed on between the City of Coronado and the developer of the Coronado Cays. The SUP contained land use, building codes, other regulations under which the Coronado Cays was developed.

Enforcement of the building codes was a Coronado Cays responsibility CITY OF CORONADO adopted Cays Specific Plan Ordinance December 2001.

The building codes contained in the Coronado Cays Specific Plan were the building codes contained in the previous Special Use Permit.

New building permits and code enforcement became the City of Coronado responsibility.

 

CCHOA adopted a resolution giving them power to make rules for construction changes.** Note

CCHOA BOD expands membership handbook, previously used as a quick reference to rules governing common grounds, etc., now used as a building construction code book.**Note

**These two BOD actions are difficult to understand after the adoption of The Coronado Cays Specific Plan and the City of Coronado assumed authority over building permits and codes.

 

Did the HOA BOD and Coronado City Council knowingly cooperate in a scheme to circumvent the Coronado Cays Governing Documents for the purpose of being able to make major construction changes on homes in the Coronado Cays Planned Community? Did they overreach their authority? Some homeowners believe it appears they did. Here is information for you to judge for yourself.

THOU SHALT NOT BUILD:

KRANZ LETTER:
April 30 2001 letter to City of Coronado City Manager Mark Ochenduszko re Specific Plan from Robert L. Kranz, General Manager Coronado Cays HOA (cc: Board of Directors)…

”Dear Mr. Ochenduszko…Attached is a resolution approved by the Association Board of Directors regarding the expansion of zero lot line houses. This issue has been discussed at several Board of Directors’ meetings. The intent is to allow zero lot line homes to be expanded only on the ground floor only. The Board does not want to allow second story additions because the inevitable effect that such expansions would have on neighbors…Please incorporate this language in the final draft of the Specific Plan as follows: “Any modification, addition, reconstruction or replacement of a home constructed utilizing the special side yard may be expanded only on the first floor and only within a rectangular area formed by a projection of the outer most exterior walls of the home as constructed by the original developer”…Sincerely, Robert L. Kranz, General Manager”.

SPECIFIC PLAN ORDINANCE - 90.10.100 (C) SPECIAL SIDE YARD…”Any modification, addition, reconstruction or replacement of a home constructed utilizing the special side yard may be expanded only on the first floor and only within a rectangular area formed by a projection of the outermost exterior walls of the home as constructed by the original developer”.

The Kranz letter clearly articulates the intent of the HOA BOD and their reason for THOU SHALT NOT BUILD in the four Village Residence Zones (Bahama, Trinidad, Jamaica, Port Royale. The City Council later approved an amendment to allow the Egret Model in Port Royale to reduce their required 10 foot side yard to six feet. No other changes were made.

THOU SHALT BUILD;
City of Coronado Mayor Tom Smisek, over loud objectio from many homeowners took the position that the city had always allowed second stories and disregarded the language in the City’s own Ordinance “only on the first floor and only within the outermost area formed by a projection of the outermost exterior walls of a home constructed by the original developer” declaring it was a matter of interpretation. Did Mayor Tom Smisek and the City Council need a dictionary of the English language or did they have an agenda?

Although the language has not changed except for the one amendment of which HOA members were not allowed to vote, the Coronado Cays AECC and HOA BOD and the City of Coronado have been approving expansions on zero lot line homes, townhomes, and condominiums on both first and second stories and in some cases even expanding the footprint on the first floor.

SPECIFIC PLAN GENERAL PROVISIONS – 90.10.100 (C) Effect: “These provisions with respect to the Coronado Cays constitute a comprehensive plan of development, control and regulation by the City of Coronado, except as may otherwise be provided herein The City of Coronado recognizes that a master planned community has been developed and that this specific plan is necessary to maintain the unique quality of the Cays, including the right to continue the land uses existing on the effective date of the plan codified in this title”.

THE SPECIAL USE PERMIT (January 21, 1968):
Does the “effect” of the SPECIFIC PLAN mean the “Cays right to continue land uses”…mean continuing land uses according to the building code in force in 1968 or the building code effective when the Specific Plan Ordinance became effective 2001?

The City of Coronado says they will approve permits approved by the HOA. The HOA BOD passed a resolution (Enactment of Rules) giving themselves the power to make construction rules for the Cays and put them in the Cays Hand Book, originally created as a quick reference for rules to manage the common grounds.

WHO AND WHY???
The HOA BOD requested the City of Coronado eliminate the Special Use Permit agreement between the developer and the City of Coronado and replace it with the Specific Plan Ordinance. The reason why is because the governing documents didn’t permit building expansions except for custom homes. The governing documents provides a process to make amendments by vote of the membership but they did not do that. The City of Coronado agreed to their request. Why??? Perhaps because it would bring in more tax dollars to the city from the increased square footage of the building expansions.

DID BOTH THE CITY AND THE HOA BOD OVERREACH???
The SUP was an agreement between the City of Coronado and the Developer. The Developer’s interest in the agreement INURED to the individual homeowner (not the HOA BOD). Any changes in the SUP agreement was to be determined by the City of Coronado and the homeowner (not the HOA BOD). The SUP was eliminated without a vote of the membership. The HOA BOD told the City Council they had the authority to speak for the homeowners. The HOA attorney confirmed their right referencing General Powers in the By-Laws.

COMES THE RECKONING
The Plotkin’s Plight…Having lived in the Cays 33 years, owned and made construction changes on two other townhomes, they are familiar with THOU SHALT NOT AND THOU SHALT. Had the SUP not been eliminated and the HOA BOD and the City of Coronado not decided to open up the Cays Planned Community to what has been described as a MAJOR LAND USE CHANGE the HOA wouldn’t have to be concerned with a possible law suit.

A LEG TO STAND ON:
Cays Specific Plan Ordinance:…Village Townhomes – 90.12.030 Development Standards state, “SINGLE-STORY TOWNHOUSES AS CONSTRUCTED BY THE ORIGINAL DEVELOPER CANNOT BE CONVERTED TO TWO STORIES. Call it what you want but a mezzanine is just another word for second story with a minor exception. The roof must be raised on the single level end unit and the increased size and appearance affects the compatability of design in the area. The HOA AECC should not recommend approval to the BOD. The HOA BOD should deny the Plotkin’s request.

A dictatorial governance is not what home owners expected when they bought into the Cays Planned Community. Extending special privilege to a few that negatively affects others is not what they had in mind. However, NIMBY syndrome prevails for those who are aware and do nothing to protest. Those who are unaware perhaps it’s time to get educated. It’s your community and your responsibility.

Letter to the Editor: Enjoying Time At Coronado Cays Dog Park

 

26 October 2011

Coronado Cays residents invited me to meet with them today at the Coronado Cays dog park. They are a strong community within our island community. I enjoyed spending a couple of hours here with Cays residents and their playful dogs . . .  listening to residents and answering questions about our city.


Councilwoman Barbara Denny

 

"Next Steps" After The June 8th Election

Before Jim Benson came out of retirement to become Coronado's interim City Manager, he was the Director of Engineering. During that time, he was the presenter for the Tunnel Workshop that took place on February 19th, 2009. That was a little over one year ago.

Below is Slide 14 of Mr. Benson's presentation on the SR 75/282 Transportation Corridor Project. This slide reviewed the "Next Steps" and it caught my attention because it is the 2010 year slide.

In case you missed it, I'd like to draw attention to the August 2010 entry . . . Council Select Preferred Alternative. My understanding of that text is if Prop H receives a favorable (YES) vote in the June 8th election, then the Council will choose which alternative will be selected. Five people will make a decision that will affect all Coronado residents.

I just thought that this was an interesting slide.

Letter to the Editor

WHEN IS A BUILDING CODE NOT A BUILDING CODE????

The answer is when it applies to the Planned Community of Coronado Cays.

Currently, building is proceding on zero lot line homes with second stories permitted by the City of Coronado.  The Coronado Cays Specific Plan Ordinance Section 90.10.100 states expansions are allowed only on the first floor and only within the outermost walls as constructed by the developer.  

The only decision by the Coronado City Council to modify the Ordinance was to allow the Egret Model in Port Royale Village to extend building four feet into the side yard, reducing the setback from 10 to 6 feet.

Because of the City Council’s erroneous misinterpretation of Ordinance (Coronado Cays Specific Plan (paragraph “C” 90.10.100), second story additions are being constructed on all models of zero lot line homes throughout Jamaica, Bahama, Trinidad and Port Royale, provided the 2nd story is moved back five (5) feet from the zero lot line.

The effect of this misinterpretation of the ordinance by the City Council is as follows:

1. Second stories are being allowed in all villages and for all model homes if moved back from the zero lot line.

2. Only the Egret model home (only in Port Royale Village) is allowed to expand 4 feet into side yard.

3. The expansion into side yards in all villages for all models of homes except for the Egret Model would be illegal!  It violates the building code!

4. The AEEC, a subcommittee of the Coronado Cays Home Owners Association, is requiring the building pad to be moved forward towards the street beyond the original footprint established by the developer. This is illegal!

5. All of the above violate the building code.

Members of the CCHOA discussed this with former Councilman Phil Monroe who lives in the Coronado Cays. They were told that the reason for changing to the Specific Plan from the SUP (Special Use Permit agreement between the city and HOA members) was to bring ENFORCEABILITY to the building regulations emanating from the powers vested in the City of Coronado. 

Although the Coronado Cays Home Owners Association is considered a quasi self-run entity, it still remains the duty and responsibility of the City of Coronado. This is because of the standards set forth in the Coronado Cays Specific Plan to carefully review the building code regulations (contained in the Specific Plan) and issue building permits which are in accordance with the regulations . . . and to deny those which are not.

Apparently the city is rubber-stamping any and all remodeling requests sent from the Cays. Why is this happening???

 

WHERE IS ALL THIS ENFORCABILITY??? 

The City Council has just appointed a new Residential Standards Improvement Procedure (RSIP) committee to study density and zoning in the city of Coronado.  Most of the people appointed have served on the previous RSIP committee.  Wouldn’t it be a good idea to include someone from the Cays on the RSIP committee?  The Coronado Cays are a part of the City.  Cays Homeowners are also citizens of Coronado.  Shouldn’t density and zoning be just as important in the Cays as in the Village???

Here’s some food for thought:  For years the only villages that permitted new and expanded construction were in the two villages of custom homes. They were not zero lot line homes. These villages are Green Turtle and Blue Anchor.  About 10 years ago, some who served on the Board of Directors investigated how to circumvent the rules, which resulted in the city eliminating the SUP agreement and creating a city ordinance.  Following that, the building and expansions began.  Objections by homeowners were ignored and shunned.  It became apparent the SUP was eliminated and the Specific Plan Ordinance created —to circumvent the governing documents of a Planned Community—to open it up to major land use changes.   The City Council was confronted with evidence to support the language and intent in the SUP, which was transferred into the Specific Plan City Ordinance. They ignored it and claimed the document needed clarification and decided that NO meant YES.  

The result of failure to follow the rules has resulted in many remodeling expansions approved by the City of Coronado. Some of which may be in violation of their own city ordinance and as a result is creating a major density problem on these zero lot line homes.  We have some new members on the City council; perhaps they will take it upon themselves to enforce the City Building Ordinance.  Coronado is a great place to live but unless we have leaders more interested in those who live here than investors and developers, it will become only a memory in years to come.  It’s never too late to do the right thing.

 

Respectfully submitted,

Ella Croshier

Cays Corner