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HomeMy WebLinkAbout1972-12-19MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, DECEMBER 199 1972 - 7 P.M. - REGULAR MEETING COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: Bazil, Kerins, Porter, Wallin, Boyle, Higgins None NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. MINUTES: ON MOTION BY WALLIN SECOND BY BOYLE, THE MINUTES OF NOVEMBER 14, 1972 WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None AGENDA ITEMS TO BE CONTINUED: ZONE CASE NO. 72-38 (Continued from 11/21/72) Applicant: Donald E. Goodell Zone Case No. 72-38 requests a prezone on 6.2 acres of land from Al General Agricultural District to C2 Community Business District with a 50 ft. setback from the ultimate right of way line. The property is located east of Bolsa Chica Street 523 ft. south of Los Patos Avenue, outside the city limits. The reason for the request is to convert an underground command headquarters into a restaurant and bar. The Acting Secretary stated that the Environmental Review Board has reviewed the request for an Exemption Declaration and found that a full environmental impact statement is re- quired. Therefore, the applicant has requested a continuance to January 3, 1973. The staff feels that a continuance to February 20 would be more realistic, however, because of the requirement to act within 95 days, without the applicant's concurrence, the matter cannot be continued beyond January 16, 1973. ON MOTION BY KERINS SECOND BY WALLIN, ZONE CASE NO. 72-38 WAS CONTINUED TO JANUARY 16, 19739 BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None ZONE CASE NO. 72-41 Applicant: Joe Abandonato for Imperial Bank The request is for a change of zone on 3.7 acres located on the north side of Warner Avenue, 400 ft. west of Beach Boulevard, from R5 Office -Professional District to C4 Commercial District. The property is master planned for office use. 1. PC 12/19/72 Minutes: H.B. Planning Commission Tuesday, December 19, 1972 Page 2 The Acting Secretary stated that the appl-cant has submitted a letter requesting a continuance to February 6, 1973 be- cause he will be out of town until that time. ON MOTION BY KERINS SECOND BY WALLIN, ZONE CASE NO. 72-41 WAS CONTINUED TO FEBRUARY 6, 1973 AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None ZONE CASE NO. 72-43 Initiated by: Huntington Beach Planning Commission Zone Case No. 72-43 is a request for a change of zone on Lot 1, Block A, Tract 1094 from C3 General Business District to R3 Medium High Density Residential District, located at the north- west corner of Orange and llth Street for the reason that the property is not suitable for commercial use because of the lot size and the proposed zoning will conform to the use of ad- jacent property. The property is Master Planned High Density. The Acting Secretary stated that the Environmental Review Board accepted an exemption declaration on December 13, 1972 and the ten day posting period will not expire until January 3, 1973, therefore action should be continued to that date. ON MOTION BY BOYLE SECOND BY BAZIL, ZONE CASE NO. 72-43 WAS CONTINUED TO JANUARY 3, 19739 BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None REGULAR AGENDA ITEMS FOR REVIEW: MASTER PLAN AMENDMENT NO. 72-9 Initiated by the Huntington Beach Planning Commission For consideration is a change from Institutional Use (Church) to Low Density Residential District on 5.5 acres of land on the west side of Springdale Street, 295.24 ft. south of Heil Avenue. A map of the property was displayed. The Chairman opened the public hearing. Mr. Don Eggleston, Vice President of the HOME Council, add- ressed the Commission, not speaking for or against the pro- posal, but cautioning the Commission that the area should be left open pursuant to the recommendation of Mr. Bresnahan, Orange County Airport, because the property in the future may be under a runway approach. Mr. Eggleston suggested the Commission defer action until the question of the airport approach patterns is resolved. There being no one further present to speak, the Chairman closed the public hearing. PC 12/19/72 2. Minutes: H.B. Planning Commission Tuesday, December 19, 1972 Page 3 Mr. K. A. Reynolds, Planning Director, reported that the Airport Committee met on December 18, 1972 to review the latest runway alignments and to discuss how the golf course could be redesigned around the runways. It is anticipated that the City Council will meet with the Airport Committee on January 15, 1973 at 5:00 P.M. to determine the city's course of action. At this time there are no firm decisions, however, as presently being discussed, the subject property would be under a runway alignment. Mr. Reynolds advised the Commission that the proposed project on the property, Tentative Tract No. 4419, could be denied because it does not conform to the master plan, however, he recommended a continuance pending a decision on the airport question. Mr. Robert Stellrecht, applicant for Tentative Tract No. 4419, was present, and the Chairman asked Mr. Stellrecht if he would agree to a continuance for 45 days. Mr. Stellrecht stated that he would reluctantly agree to a continuance. He stated that his lender was ready to close on the construction loan. ON MOTION BY KERINS SECOND BY BOYLE, MASTER PLAN AMENDMENT NO. 72-9 WAS CONTINUED TO FEBRUARY 20, 1973 IN CONJUNCTION WITH TENTATIVE TRACT NO. 4419, WITH THE CONCURRENCE OF THE APPLICANT OF TENTATIVE TRACT NO. 4419, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle NOES: Higgins ABSENT: None TENTATIVE TRACT NO. 4419 (Continued from 12/5/72) Subdivider: Robert Stellrecht Tentative Tract No. 4419 covers 27 lots on 5.5 acres of R1 property located 295.24 ft. south of Heil Avenue, west of Springdale Street. The property is Master Planned for Institutional Use - designated as a church site. ON MOTION BY BOYLE SECOND BY KERINS, TENTATIVE TRACT NO. 4419 WAS CONTINUED TO FEBRUARY 209 1973 WITH THE CONCURRENCE OF THE APPLICANT, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle NOES: Higgins ABSENT: None TENTATIVE TRACT NO. 7888 (Continued from 12/5/72) Subdivider: Classic Development Corp. Tentative Tract No. 7888 covers 29 lots on 6 acres of R1 property located south of Taylor Avenue, east of Southern Pacific Railroad Right of way. The property is master planned Low Density. The Acting Secretary stated that the Commission had received a cross section drawing of the railroad indicating the difference in grade between the right of way and the proposed development. Mr. Palin further stated that an Environmental Exemption Declaration was accepted by the Environmental Review Board after the ten day posting period. There was no public input and as the exemption declaration is in order, the Commission may act at this time. Mr. Palin stated that a letter has been received from Classic Development Corp. outlining a proposal for industrial development of property to the north. The Commission's attention was directed to a recommended condition of approval that the north side of Taylor Avenue be dedicated to the city and that vehicular access be restricted, pursuant 3. PC 12/19/72 Minutes: H.B. Planning Commission Tuesday, December 19, 1972 Page 4 to the staff report. Further, the map, with amendments recommended by the Subdivision Committee has been submitted and was posted for the Commission's information. Commissioner Wallin inquired as to who will provide the buffer on the property to the north if it develops as industrial. Mr. Palin stated that the industrial developer would be required to provide the buffer. Mr. Nick Oprian, real estate broker representing Bolsa Tile Co., addressed the Commission, stating that he has reviewed the Subdivision Committee Report and requested clarification of recommended condition No. 2 relating to access dedication. He asked if it was the City's intent to landlock the industrial property. He stated that he is ready to go into the design stage on the property to the north, but wants to know where he will take access. The Chairman stated that a resolution had been adopted by the Commission stating intent that access should be taken to the north, but suggested that clarification from the City Attorney would be required. Mr. Oprian stated that the City Attorney, Mr. Don Bonfa, has suggested he consult the Planning Commission with reference to access. Commissioner Bazil stated that the Commission should be able to change the resolution to a precise plan if development of the property is eminent. The Chairman inquired of the City Engineer, Mr. Bill Hartge, whether the city would purchase right of way to provide access. Mr. Hartge stated yes, the city could purchase property for right of way but would be unable to recover the cost of the required 660 ft. x 24 ft. access R/W. Commissioner Bazil inquired of Mr. Hartge concerning severence damages. Mr. Hartge responded that the acquisition cost was a known factor, however severence damage is unknown. It is possible that temporary access to Taylor can be provided and permanent access to Talbert Ave. could be worked out when the property to the north is developed. Mr. Willis Mevis, Assistant City Attorney, commented on case law regarding provision for access. Mr. M. C. Nickle, Classic Development, addressed the Commission and stated that he has talked to the owners of the property to the north and they are adament that they will not grant access to Talbert Ave. Classic Development has an option on the industrial property; the problem is the access. Mr. Oprian inquired as to how the Commission can ask dedi- cation of access rights when the Commission can't say how access to the property will be provided. PC 12/19/72 4. Minutes: H.B. Planning Commission Tuesday, December 19, 1972 Page 5 The Acting Secretary stated that the staff feels approval of the subject map is contingent upon dedication of access to the north. Following further discussion, staff was directed to contact the property owners to the north in an effort to achieve dedication and improvements and to develop temporary access to Taylor Avenue and report back to the Commission within 90 days. Commissioner Wallin inquired as to possible access to Gothard Street and Mr. Hartge responded that because of the railroad, it was not practical. Mr. Oprian submitted a letter containing his objections with regard to the access question. ON MOTION BY BAZIL SECOND BY BOYLE TENTATIVE TRACT NO. 7888 WAS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS, BY THE FOLLOWING ROLL CALL VOTE: 1. Tentative Tract No. 7888 map received December 13, 1973 shall be the approved layout. 2. The final tract boundary shall incorporate the full width on Taylor Street and shall include full street improvements for Taylor Street within said boundary. Vehicular rights to the north side of Taylor Street within the boundary of a final map shall) be dedicated to the City of Huntington Beach. 3. The developer shall plant a minimum of 15 gallon trees within a row of trees along the west property line of Tract No. 7888 to provide a buffer between the dwelling units and existing railroad tracks. A landscape plan shall be approved by the Board of Zoning Adjustments prior to the issuance of building permits. 4. A masonry wall shall be constructed along the west property line of Tract No. 7888 and along the north where lot No. 29 is adjacent to industrial property. The height of said wall shall be such that the top will be six feet above the highest ground surface within twenty feet of the common property line. 5. All standard conditions of approval that are applicable shall be complied with. AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None MASTER PLAN AMENDMENT NO. 72-7 (Continued from 12/5/72) Initiated by the Huntington Beach Planning Commission in conjunction with ZONE CASE NO. 72-39 (Continued from 12/5/72) Applicant: Huntington Beach Company Master Plan Amendment No. 72-7, initiated by the Planning Commission, covers approximately 100 acres of land on the north side of Palm Avenue, approximately 2300 ft. west of Goldenwest Street, from Low and High Density Residential District to Medium Density District. 5. PC 12/19/72 Minutes: H.B. Planning Commission Tuesday, December 19, 1972 Page 6 Zone Case No. 72-39 proposes a change of zone on the same property from Rl-0, R3-0, R4-0, R1-01, R3-01 and R4-01 combined with oil production to R2-PD-O and R2-PD-01 Medium Residential District' Planned Development Suffix combined with oil production. Commissioners were given a copy of a memorandum from Willis Mevis, Assistant City Attorney concerning Zone Case No. 72-39 stating that in his opinion, Zone Case No. 72-39 creates one project and that if the Environmental Review Board determines that the newly created R2-PD district is of "lesser intensity within the same land use classification," then Zone Case No. 72-39 would fall within Exclusion Item 14 of Resolution No. 3616. Mr. Harlow stated that in the Board's opinion, the zone case does fall within Exclusion Item 14, however, if the Commission so desires, the Commission can disallow the exemption by the Environmental Review Board and require an environmental impact statement. Mr. W. E. Foster, Huntington Beach Company, addressed the Commission questioning procedures followed. He reviewed the history of the environmental report requirements as well as the procedures to be followed. Commissioner Wallin requested additional written information on the Zone Case. Commissioner Boyle asked what was the specific action of the Environmental Review Board. Mr. Harlow stated that there was no motion, only dis- cussion. The conclusion of the Environmental Review Board was that the project fell within Exemption No. 14 if the City Attorney agreed. The memorandum from Mr. Mevis satisfies the Board's question as to the zone change creating one project; therefore the new district of a lesser intensity within the same land use classification would exempt the proposal under Exclusion No. 14 of resolution No. 3616. Commissioner Kerins disagreed with the conclusions of the Board. Commissioner Bazil inquired if what the Commission really wants is to study the area. Assistant City Attorney Mevis orally amended his memo for purposes of clarification to state 'The newly created R2-PD district is of lesser intensity within the same land use classification," therefore falls within Exclusion Item 14 of Resolution No. 3616. ON MOTION BY BOYLE SECOND BY BAZIL IT WAS DETERMINED THAT THE PROPOSED R2-PD DISTRICT IS OF A LESSER INTENSITY WITHIN THE SAME LAND USE CLASSIFICATION AND THEREFORE FALLS WITHIN EXCLUSION NO. 14 OF RESOLUTION NO. 3616, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Porter, Boyle NOES: Wallin, Kerins ABSTAIN: Higgins ABSENT: None The Chairman suggested that the E.R.B. straighten out procedures concerning the environmental review process. PC 12/19/72 6. Minutes: H.B. Planning Commission Tuesday, December 19, 1972 Page 7 The Chairman opened the public hearing on Master Plan Amendment No. 72-7. Mr. W. E. Foster, Huntington Beach Company, addressed the Commission, speaking in favor of the master plan amendment. A map was displayed indicating existing zoning and drawings of three different development schemes were displayed. Mr. Foster reviewed the city's statistics and discussed.at length density and population generation. Mr. Dave Fredenberg, Huntington Seacliff Homeowners Association addressed the Commission stating that the Huntington Beach Company had made two presentations to the Association on the proposed development and it was the feeling of the Association that a project of this size could be better planned as a unit, however, the association favors the overall reduction and feels the amenities shown so far would be an enhancement. The Association will submit a letter to the city concerning the project, confirming Mr. Fredenberg's statements and the Association's position. There being no one further present to speak, the Chairman closed the public hearing. Commissioner Wallin stated that she was concerned about the increase in the number of elementary school students. It was noted that the 14 acre reduction from the original application occurred when the applicant deleted the tennis club and changed the boundary line in the area of the golf course and lake. Mr. Foster stated that the impact of elementary students has been discussed with Mr. Charles Palmer of the Huntington Beach City School District, and Mr. Palmer was not concerned with the increase. Commissioner Kerins suggested the applicant develop another proposal for the property. Mr. Foster discussed the intent of the planned residential development code amendment recently adopted by the Commission and the suitability of this particular property for develop- ment as a planned residential unit. He stated that the general area has been designated for higher density and that because of the diversification of ownership, no other property in the general area is available for development as a planned residential development. Commissioner Kerins suggested the staff develop a plan with a decrease in bedrooms, population and students for the pro- posed R2-PD project. Commissioner Boyle asked what tools the Planning Commission has available to regulate density and growth and requested staff enumerate these tools. ON MOTION BY BOYLE SECOND BY WALLIN, MASTER PLAN AMENDMENT NO. 72-7 WAS CONTINUED TO JANUARY 16, 1973 TO ALLOW STAFF TO DEVELOP ALTERNATE ZONING TO EFFECT A ROLL BACK IN POPULATION AND TO ENUMERATE TOOLS AVAILABLE TO THE PLANNING COMMISSION TO STOP A DEVELOPMENT THAT WOULD BE DETRIMENTAL TO THE CITY OF HUNTINGTON BEACH, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle NOES: None ABSTAIN: Higgins ABSENT: None 7.. PC 12/19/72 Minutes: H.B. Planning Commission Tuesday, December 19, 1972 Page 8 MASTER PLAN AMENDMENT NO. 72-8 Initiated by the Huntington Beach Planning Commission Master Plan Amendment No. 72-8 proposes to change the Master Plan from Office Professional to Commercial District on 3.7 acres on the north side of Warner Avenue, 400 feet west of Beach Boulevard. This Master Plan Amendment is being processed concurrently with Zone Case No. 72-41. The Acting Secretary stated that the staff recommends approval of Master Plan Amendment No. 72-8 and that the Commission should proceed with the amendment at this time, even though the zone case has been continued to a later date. The Chairman opened the public hearing. There being no one present to speak, the�Chairman closed the public hearing. Commissioner Bazil inquired whether it would be appropriate to continue action concurrently with the zone case. Mr. Richard Harlow stated that this was not necessary, that should the zone case be withdrawn for any reason, the master plan amendment can also be withdrawn up until the time it is adopted by the City Council. ON MOTION BY WALLIN SECOND BY KERINS, MASTER PLAN AMENDMENT NO. 72-8 WAS CONTINUED TO FEBRUARY 69 1973 BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None DISCUSSION Master Plan Amendment to be processed concurrently with Zone Case No. 72-47, a request to change the zone from RA Resi- dential Agricultural District to R3,Medium High Residential District, located on the north side of Taylor Avenue, 690 feet west of Beach Boulevard. The Acting Secretary stated that this matter is presented to the Planning Commission pursuant to Commission policy that all zone cases which are inconsistent with the master plan be re- viewed prior to publication. The Master Plan of the area was displayed and Mr. Harlow discussed a vu-graph showing the property in question. ON MOTION BY PORTER SECOND BY BOYLE STAFF WAS DIRECTED TO INITIATE A MASTER PLAN STUDY INCLUDING THE SUBJECT PROPERTY FOR PRESENTATION TO THE COMMISSION ON JANUARY 9, 1973, BY THE FOLLOWING ROLL CALL VOTE: AYES: - Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None PC 12/19/72 8. Minutes: H. B. Planning Commission Tuesday, December 19, 1972 Page 9 Revenue/Expenditure Analysis - Residential Development Mr. Ron Slade, Planning Department, reviewed the history, presented the study and gave the Commission a brief over- view. Commission suggested that copies of the report be forwarded to the City Council, city staff, school districts including administrators and trustees, the HOME Council and homeowner associations in the city. Environmental Review Board Mr. Richard Harlow reported on a meeting with representatives of the various school districts concerning the processing of environmental impact reports. The districts concurred with the procedures outlined and asked that they be kept abreast of developments. Code Amendment No. 72-29 Code Amendment No. 72-29 proposes to delete oil operations in the Al Agricultural District as permitted use because this use no longer applies in the Al District and to delete the prohibitation of produce selling stands in the Al Agri- cultural District because of the conflict with S. 9730.15 which permits agricultural stands subject to the criteria provided therein and the approval of an administrative re- view application by the Board of Zoning Adjustments. ON MOTION BY HIGGINS, SECOND BY BOYLE STAFF WAS DIRECTED TO SET CODE AMENDMENT NO. 72-29 FOR PUBLIC HEARING, BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Code Amendment No. 72-27 Code Amendment No. 72-27 proposes to add certain definitions to Article 970. The Acting Secretary stated that there is need for further staff review of Code Amendment No. 72-27 and no action is required at this time. Special District Designations Addition of golf course, airport and other special desig- nations to special districts. A memorandum from the City Attorney relative to the subject was submitted to the Commission. No action was taken by the P.C. on this item at this time. Tract No. 7930 Commissioner Wallin inquired as to the grading of building pads on 18 lots on Terry Drive, stating that there appeared to be a substantial difference in grade between the adjoin- ing residential property. Following discussion, Commission directed the Subdivision Committee to review grading plans on all future tent. tracts. 9. PC 12/19/72 Minutes: H. B. Planningg Commission Tuesday, December 19, 1972 Page 10 Water Quality Control Board Mr. Richard Harlow reported that the City Council has directed the City Administrator to contact cities inland from Hunting- ton Beach in an attempt to resolve or abate the problem of polution caused by the flood control drainage system. Commissioner Boyle was excused from attendance at the January 3, 1973 Planning Commission meeting. ADJOURNMENT ON MOTION BY BOYLE SECOND BY KERINS, THE MEETING WAS ADJOURNED AT 12:56 A.M. BY THE FOLLOWING ROLL CALL VOTE: AYES: Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None K. A. Reynolds Secretary PC 12/19/72 10. Marcus M. Porter Chairman