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HomeMy WebLinkAbout1972-11-14MINUTES HUNTINGTON BEACH PLANNING COkMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY - NOVEMBER 14, 1972 - 7 PM - Study Session COMMISSIONERS PRESENT: C014MISSIONERS ABSENT: Bazil, Porter, Wallin, Boyle, Higgins Kerins (arrived at 8:30 P.M.) Slates NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CODE AMENDMENT NO. 72-28 Article 931 - Planned Residential Development This amendment proposes to amend Article 931, Planned Residential Development, by adding to and revising pro- visions that regulate location, height, bulk, number of stories and structure size; the size and use of yards, courts and other open spaces; percentage of area which may be occupied by structures and dwelling unit density. The Chairman opened the public hearing. There being no one present to speak, the Chairman closed the public hearing. ON MOTION BY BOYLE SECOND BY BAZIL, CODE AMENDMENT NO 72-28 WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: Slates, Kerins Commissioner Wallin suggested the Commission review projects developed under the provisions of the code amendment in six months to determine whether desired results are being achieved. Commissioner Higgins suggested review in a year; that six months may not be sufficient time to evaluate the effect of the code amendment. The Acting Secretary was directed to schedule a tour of Planned Residential Developments within a year. CODE AMENDMENT NO. 72-26 Articles 974 and 998 Park and Recreation Facilities This amendment proposes to amend Articles 974 and 998 pertaining to requirements for park and recreation facilities. Amendments include: Dedication will be increased from 2-1/2 acres to 5 acres for each 1000 per- sons; population density will be determined by an annual review of the Planning Department; a procedure to allow the City Council to adopt criteria which sets forth standards on size, shape, location and type of special facility, before any credit may be given. The Acting Secretary stated that a memorandum had been received from the City Administrator's office recommend- ing that 50 percent credit for special recreational facilities be continued. It was emphatically stated, however, that credit would apply only to those homes abutting such special facilities. All other dwellings, regardless of zone, would be charged regular park fees as required by ordinance. PC 11/14/72 SS Minutes: H.B. Planning Commission Tuesday, November 14, 1972 Page 2 Willis Mevis, Assistant City Attorney, reported that he had researched the question of whether fees collected under the ordinance could be used for maintenance and had determined that they could not. Such fees may be used to acquire property for recreation purposes within a reasonable distance from the properties on which the fees were collected. The Chairman opened the public hearing. Mr. Jim Shepard, Recreation and Parks Commissioner, addressed the Planning Commission and stated that the Recreation and Parks Commission's goal is to procure more property for park and recreation facilities and recommends that no credit be given for special recreation areas such as golf courses and waterways. It is the Recreation and Parks Commission's position that such special facilities benefit only those residents abutting such facilities and the developer, in that the developer charges a higher price for the abutting lots. The Recreation and Parks Commission doesn't feel that such special facilities are available for use by the general public. Mr. W. E. Foster, Huntington Beach Company; addressed the Commission, stating that credit for speciaL recreation facilities should be allowed since it relizves the burden of providing such facilities from the city and other public agencies. Mr. Bill Wren, Huntington Beach Company, addressed the Commission and requested clarification of Article 974 and Article 998. It was explained that Article 974 relates to residential units or projects not covered by Article 998 which covers residential subdivisions. There being no one further present to speak, the Chairman closed the public hearing. A MOTION WAS MADE BY WALLIN SECONDE BY BOYLE TO DELETE SECTION 9981.7.2 CREDIT FOR SPECIAL FACILITIES FROM ARTICLE 998. THE MOTION FAILED BY THE FOLLOWING ROLL CALL VOTE: AYES: Wallin NOES: Bazil, Porter, Boyle, Higgins ABSENT: Slates, Kerins It was pointed out by staff that the provision for credit is permissive and may not exceed 50 percent credit, and that the City Council will establish criteria by resolution setting forth standards on the size, shape, location and type of special facility be- fore any credit may be given pursuant to the Section in question. ON MOTION BY BAZIL SECOND BY HIGGINS CODE AMENDMENT NO. 72-26 WAS APPROVED AS SUBMITTED BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: Slates, Kerins PC 12/14/72 SS Minutes: H.B. Planning Commission Tuesday, November 14, 1972 Page 3 ON MOTION BY WALLIN SECOND BY BAZIL THE MOTION APPROVING CODE AMENDMENT NO. 72-26 WAS RECONSIDERED BY THE FOLLOW- ING ROLL CALL VOTE: AYES: Bazil, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: Slates, Kerins ON MOTION BY BAZIL SECOND BY HIGGINS CODE AMENDMENT NO. 72-26 WAS APPROVED AS SUBMITTED BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Porter, Boyle, Higgins NOES: Wallin ABSENT: Slates, Kerins Commissioner Wallin requested that a minority report be submitted in the transmittal to the City Council stating that she supported the recommendation of the Recreation and Parks Commission to delete credit for special recreation facilities because of the reasons stated by Mr. Shepard. DISCUSSION Review of Existing Master Plan for Huntington Seacliff The Acting Secretary stated that the Master Plan for Huntington Seacliff was on displa,r and introduced Mr. W. E. Foster, Huntington Beac4 Company, who was present to review the history of the Huntington Seacliff development. Mr. W. E. Foster, Huntington Beach Company, addressed the Commission and reviewed the history of the develop- ment from its inception in 1959. Initially certain studies were completed by Stanford Research Institute, Quinton Engineers and Victor Gruen and Associates. Following the decision to proceed with the development in 1963, additional consulting firms were engaged to complete studies in land planning, traffic and engineering. The basic concept of the development was a "super -block" with a large variety of housing types. 155 acres of the total 700 acre project was developed as a golf course. He reviewed the progress of the development including marketing studies, landscaping plans, housing types, traffic and street patterns, school sites, and other details of the project. Commissioner Kerins arrived to assume his duties. The Commission expressed appreciation to Mr. Foster for reviewing the history of the development for the Commission's information. Grading Permit for Signal Landmark on Bolsa Chica Property The Acting Secretary stated that Mr. Bill Woods, Signal Landmark Corp. was present to answer questions the Commission may have concerning grading permits and grading operations being conducted on the Bolsa Chica property south of Warner Avenue. PC 11/14/72 SS Minutes: H.B. Planning Commission Tuesday, November 14, 1972 Page 4 Mr. Jim Palin, Planning Department, displayed the grading plan and explained the excavation to the Commission. The Acting Secretary read a letter from Archaeological Research, Inc. stating that the grading activities would not directly affect known areas of archaeological, paleontological or historical remains. The recommendation was made that the grading of Area "B" be conducted under the observation of an archaeologist due to the possible isolated occurance of materials on the periphery of the adjacent sites. Mr. Bill Woods, Signal Landmark Corp. addressed the Commission and stated that Archaeological Research, Inc. has been involved in the grading operation. Mr. Woods stated that the grading permit had been issued by the County of Orange following his submission of an Environmental Impact Exemption Statement which was approved by the County. It is expected that 225,000 yards of earth will be moved. Mr. K. A. Reynolds, Planning Director, inquired as to whether the removal of 2 feet of earth constitutes a "significant" alteration of the site. Commissioner Wallin inquired of Mr. Woods whether the County had determined that the grading operation did not constitute a significant change. Mr. Woods responded that inasmuch as the Declaration of Exemption had been accepted by the County and the grading permits had been issued, he assumed that such determination by the County had been made. Expansion of the Civic District Suffix in the Vicinity of Huntington Central Park The Acting Secretary reviewed the history pf the Civic District Suffix areas and discussed connecting the two areas by a corridor along Goldenwest Street. The Commission questioned whether the street improvements on Goldenwest Street north of Garfield Avenue would constitute a civic improvement sufficient to warrant establishing a Civic District. Mr. Harlow stated that the staff will explore this question. It was noted that the Commission can precise plan a setback on a street but there is nothing to provide landscaping within that setback. Commissioner Bazil feels that building treatment is the key to maintaining attractive frontage along Golden - west Street. The Acting Secretary stated that the Board of Zoning Adjustments doesn't have authority to require certain things necessary to achieve the desired results. If the area were within a Civic District, the Design Review Board would be the reviewing body. The staff can do a land use study in the area and have the information available for the Commission study session on November 28. PC 11/14/72 SS Minutes: H.B. Planning Commission Tuesday, November 14, 1972 Page 5 Mr. K. A. Reynolds, Planning Director, stated that through setback techniques, possibly design criteria could be established along Goldenwest. This could become a part of the General Plan. It was the consensus of the Commission that establishing design criteria will be studied in 1973 and for the immediate needs, Commission will consider a corridor along Goldenwest Street and will discuss the matter further at the November 28, 1972 study session. Requirement for Environmental Impact Reports for Subdivisions Copies of the City's Policy for Interim Procedures and Guidelines, prepared by Mr. Tom Severns, Director of Environmental Resources, were distributed to the Commission. The Acting Secretary explained the form and reviewed the procedure. The Commission will not see a project unless an Exemption Declaration has been accepted or it is accompanied by an Environmental Impact Statement. He further stated that any projects on which building permits have not been issued will require an Exemption Certificate or an Environmental Impact Statement. The procedure for the City's and citizen input was reviewed by the Acting Secretary. Commissioner Wallin requested a list of other agencies requiring permits for a project be shown on the state- ments, the extent of the permits and the reason for them.. Commissioner Porter inquired as to whether the Planning Commission will have an opportunity to review the ordinance establishing the procedures prior to adoption. Mr. Willis Mevis, Assistant City Attorney, responded stating that there would be no opportunity for input since the ordinance would be adopted as an emergency measure at the next City Council meeting. The Acting Secretary stated that an Exemption Declaration will be published and posted for ten days for all projects which do not have a significant effect on the environment and an Environmental Impact Report will be published and posted for 30 days for all projects having a significant effect on the environment. The Commission will discuss the ;;ubject of Environmental Impact Reports further at the study session on November 28. Need to Establish a Standard Condition of Approval Requiring Periodic Review of Certain Uses The Acting Secretary suggested that standard condition of approval contain a provision similar to Section 9534.1 (e) requiring periodic review for specific uses within the city. PC 11/14/72 SS Minutes: H.B. Planning Commission Tuesday, November 14, 1972 Page 6 ON MOTION BY BAZIL SECOND BY BOYLE COMMISSION DIRECTED THAT PERIODIC REVIEW of CERTAIN USES WILL IN THE FUTURE BE A STANDARD CONDITION OF APPROVAL BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: Slates Request for Zoning Study of the Area North of Garfield Avenue between Delaware Street and Florida Street The Acting Secretary explained that a letter has been submitted by Mr. Robert Zinngrabe requesting the Planning Commission to implement an immediate master plan study for the purg;ose of rezoning the balance of the block bounded by Florida on the east, Delaware on the west, Garfield on the south and Main Street on the north, to Office Professional (R5). The Acting Secretary further stated that Mr. Zinngrabe cannot petition for a zone change since he is not the owner of the property. ON MOTION BY BAZIL SECOND BY BOYLE THE PLANNING COMMISSION WILL EVALUATE THE REQUEST TO REZONE THE AREA AT THE TIME THE MASTER PLAN IS CONSIDERED ON STUDY AREA B, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: Slates MISCELLANEOUS Request for Zone Change - Joe Abandonato The Acting Secretary stated that a request for zone change has been filed by Joe Abandanato on property located at the northwest corner of Warner and Beach Boulevard. The request is for C4 zoning and would require a change of the Master Plan. ON MOTION BY KERINS SECOND BY BAZIL STAFF WAS DIRECTED TO SET A PUBLIC HEARING ON A MASTER PLAN AMENDMENT CONCURRENT WITH THE ZONE CASE BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: Slates COMMISSIONER'S COMMENTS Proposition 20 Commissioner Kerins inquired as to whether zone changes are included in Proposition 20. The Acting Secretary stated that zone changes and lot splits are included. County of Orange - Grading Permits Commissioner Kerins stated that he is not satisfied that the City of Huntington Beach was properly notified of the issuance of grading permita for the Signal Landmark Corp. in the Bolsa Chica area, and requested the staff to send a letter to the County requesting formal notification in each instance of the issuance of grading permits. PC 11/14/72 SS Minutes: H.B. Planning Commission Tuesday, November 14, 1972 Page 7 Tract No. 7850 - Huntington Harbour Corp. Commissioner Kerins requested an explanation of the issuance of grading permits and bulkhead permits to Huntington Harbour Corp. contrary to the action of the Planning Commission. Mr. Dan McFarland, Building Department, stated that the Board of Zoning Adjustments approved an Administrative Review for a complex of eight model homes. On October 3 Huntington Harbour had plans in for bulkheads. After checking with the City Attorney, a permit was issued. On October 5 permits were issued for the first phase of Tentative Tract No. 7850 for grading. This covered 210,000 cubic yards of fill. A total of three permits were issued to date, one for the bulkheads, one for the grading and one for the model homes. As of November 13, staff members have been meeting with the City Attorney to determine the legal position of the City and Huntington Harbour Corp. in relation to the permits issued and the work in progress. At the City Council meeting held last night, the City Council preempted action by the staff by issuing a cease and desist order on Tract No. 7850. The cease and desist order includes Public Works Department permits issued on Tract No. 7880 as well. There was lengthy discussion concerning the Planning Commission's action several months ago when it was the Commission's understanding that approval by all other reviewing agencies would be required prior to the issuance of any permits by the city. There followed a lengthy discussion as to the legality of conditioning approval of a project on approval by other reviewing agencies. It was the advice of the Assistant City Attorney that such conditional approval is improper. It was the consensus of the discussion that when approval is conditioned, the condition be specifically included in the motion to conditionally approve by the Planning Commission. Reauests to be Excused Commissioner Kerins requested that he be excused from attenance at the November 21, 1972 Planning Commission meeting. Commissioner Bazil requested that he be excused from attenance at the November 28, 1972 Planning Commission study session. The Chairman granted both requests. THERE BEING NO FURTHER BUSINESS, ON MOTION BY KERINS SECOND BY BOYLE THE MEETING WAS ADJOURNED BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: Slates K. A. ReynoldA Secretary Marcus M. Po Chairman PC 11/14/72 SS