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HomeMy WebLinkAbout1973-04-17MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, APRIL 17, 1973 - 7 P.M. COMMISSIONERS PRESENT: Geiger, Bazil, Kerins, Porter,Wallin, Boyle,Higgins COMMISSIONERS ABSENT: None NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CONSENT CALENDAR:- (ITEM DELETED) Commissioner Kerins requested that Zone Case No. 72-28 be withheld for separate action. CONSENT CALENDAR - (ITEMS APPROVED) ON MOTION BY KERINS SECOND BY BAZIL, THE FOLLOWING ITEMS WERE APPROVED AS RECOMMENDED OR AS NOTED, BY THE FOLLOWING ROLL CALL VOTE: MINUTES Approved and adopted minutes of March 20, March 27, April 3 and April 10, 1973, as transcribed. TENTATIVE TRACT NO. 8270 in conjunction with USE PERMIT NO. 73-20, Classic Development Open public hearing on Use Permit No. 73-20 and continue the public hearing and the Tentative Tract No. 8270 to May 1, 1973 with the concurrence of the applicant. ZONE CASE NO. 73-5 in conjunction with MASTER PLAN AMENDMENT NO. 73-3, Dispalatro Open public hearing on Zone Case No. 73-5 and Master Plan Amendment No. 73-3 and continue to May 15, 1973 with the concurrence of the applicant. MASTER PLAN AMENDMENT NO. 72-7 ZONE CASE NO. 72-39. Huntington Beach Comvanv Continue to May 1, 1973 with concurrence of the applicant. 1. PC 4/17/73 J. Minutes: H.B. Planning Commission Tuesday, April 17, 1973 PpLge 2 ZONE CASE NO. 73-8, Robert Zinngrabe Continue to May 15, 1973. Renotify surrounding property owners. ZONE CASE NO. 73-6, B. G. Williams Continue to May 15, 1973 with concurrence of the applicant. ZONE CASE NO. 73-7, Buccola Company Continue to May 15, 1973. Renotify surrounding property owners. TENTATIVE TRACT NO. 7743 in conjunction with USE PERMIT NO. 72-82, J.M.C. Construction Co. Continue to May 1, 1973 with concurrence of the applicant. TENTATIVE TRACT NO. 7692, Signal Landmark Continue to May 1, 1973 with concurrence of the .applicant. CONDITIONAL EXCEPTION NO. 73-1 in conjunction with DIVISION OF LAND NO. 73-9, B. G. Williams Continue to May 1, 1973 with concurrence of the applicant. TENTATIVE TRACT NO. 8289 in conjunction with USE PERMIT NO. 73-21, American Empire Builders Continue to May 1, 1973 at the request of the applicant. USE PERMIT NO. 73-3 USE PERMIT NO. 73-5 USE PERMIT NO. 73-6, Appeal, James Montgomery Continue to May 1, 1973 with the concurrence of the applicant. AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None ZONE CASE NO. 72-38, Donald Goodell The Acting Secretary, James Palin, stated that the applicant has requested this matter be continued indefinitely. ON MOTION BY KERINS SECOND BY BAZIL, ZONE CASE -NO. 72-38 WAS CONTINUED TO OCTOBER 2, 1973, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None PC 4/17/73 2. 1 1 1 Minutes: H.B. Planning Commission Tuesday, April 17, 1973 Page 3 REGULAR AGENDA ITEMS TENTATIVE TRACT NO. 8106 in conjunction with USE PERMIT NO. 73-11 Applicant: K-MAW, Inc. Tentative Tract No. 8106 is a request for a 74 unit condominium on 5.04 acres of land located at the south- west corner of Pearce and Simms Street. Use Permit No. 73-11 is a request to allow the conversion of an approved apartment complex into a condominium development. The property is zoned R2 and master planned medium density. The Acting Secretary stated that subject property is with- in the coastal zone permit area. The apartment complex was approved by the Board of Zoning Adjustments on October 25, 1972 and building permits were issued on January 30, 1973. The Chairman opened the public hearing -on Use Permit No. 73-11. Mr. Richard Tom, agent and applicant for K-MAW, Inc. addressed the Commission, speaking in favor of the Use Permit. Mr. Tom stated that the project had been designed to comply with then existing standards for a planned residential development. Those standards have since been changed. Because of financing, it was not known at the time of original application whether the project would remain as apartments or be converted to condominiums. The project is short on open space and parking and the open space between units is not recognized under the present Planned Unit Development ordinance. Mr. Kenneth J. Golden, representing the builder, K-MAW, Inc. addressed the Commission speaking in favor of the proposal. Mr. Golden stated that there is no increase in density; merely a change of the ownership. Mr. Golden stated that a condominium project will enhance the area because of the pride of ownership factor as opposed to rental occupants. Mr. Golden stated that the type of ownership is a factor in determining the quality of appliances and cabinetry that will be installed. The roofing material will be the same. Mr. Floyd Jones, General Manager for K-MAW, Inc. was present to answer any questions. 3. PC 4/17/73 Minutes: H.B. Planning Commission Tuesday, April 17, 1973 Page 4 There being no one further present to speak, the Chairman closed the public hearing. In response to a question of the Commission, Mr. Golden stated that if the use permit is denied, the formation of a cooperative corporation may be used as an alternate means of achieving a condominium, but a regular condominium is preferred. ON MOTION BY KERINS SECOND BY WALLIN USE PERMIT NO. 73-11 AND TENTATIVE TRACT NO. 8106 WERE DENIED FOR THE REASON THAT THE PLAN DOES NOT MEET THE REQUIREMENTS OF THE PLANNED UNIT DEVELOPMENT ORDINANCE AND UNDER SUBDIVISION CODE SECTION NO. 11549.5(a) THE PROPOSED MAP IS NOT CONSISTENT WITH APPLICABLE GENERAL AND SPECIFIC PLANS, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None DEVELOPMENT SECTION - POLICY PLAN The Acting Secretary stated that following review by the Planning Commission and the Citizen's Steering Committee for Goals and Objectives, the Objectives and Principles of the Development Section are offered for adoption and incorporation into the Master Plan for the City of Huntington Beach. The Chairman opened the public hearing on the Objectives and Principles of the Development Section of the Policy Plan. Mrs. Jeanette Turk and Mr. Brian Parkinson, Citizens Steering Committee were present and briefly addressed the Commission. The Chairman closed the public hearing. Commissioner Kerins proposed adding two items to the principles of the Residential Development Section: 1. Limit multi -family units to a 3:1 ratio of single family units. 2. Provide for varying RI lot sizes greater than existing standards. PC 4/17/73 4. 1 1 1 Minutes: H.B. Planning Commission Tuesday, April 17, 1973 Page *5 Discussion followed concerning whether or not the proposed amendments were standards rather than principles and should be contained, in the standards to be implemented at a later time to achieve the objectives and principles. Following a poll of the Commission, it was determined that the proposed amendments would not be included as principles in the Residential Development section. In response to Commission discussion, Planning Director Kenneth Reynolds stated that the staff sees the implementa- tion stage as an ongoing process as the program is adopted. The implementation stage will be in units also and will be achieved through code amendments, master plan amend- ments, ordinances, resolutions and policies. The influence of the growth policy, when it is established, will be a major factor in the implementation process. RESOLUTION NO. 1116 ON MOTION BY BOYLE SECOND BY WALLIN, RESOLUTION NO. 11161 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH ADOPTING THE OBJECTIVES AND PRINCIPLES OF THE DEVELOPMENT SECTION, AS AMENDED, OF THE POLICY PLAN, WAS ADOPTED BY THE FOLLOWING ROLL CALL VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None USE PERMIT NO. 73-8 - APPEAL (Cont. 4/3/73) Applicant: Jack -In -The -Box Use Permit No. 73-8 is a request to permit the addition of an 8 ft. x 9 ft. walk-in freezer to an existing Jack -In -The -Box restaurant, located at the northwest corner of Beach Boulevard and McDonald Street. The applicant has -.appealed the -denial-of the request by the Board of Zoning Adjustments. A plot plan was posted and photographs were displayed. The Chairman opened the public hearing on the appeal to the denial of Use Permit No. 73-8. Mr. W. J. Hogan, representing the applicant, was present and explained the request. Mr. Hogan stated that installation of the freezer will reduce deliveries from every other day to once every ten days to two weeks. The proposed installation will not encroach into the required parking space on the site. S. PC 4/17/73 Minutes: H.B. Planning Commission Tuesday, April 17, 1973 Page 6 It was noted by the Chairman that a pole sign was shown on the plot plan and Mr. Hogan stated that the sign shown is an existing 6 ft. x 2 ft. x 10 ft. sign 45 ft. high. No change in the sign is requested. The Chairman pointed out that under the existing sign code, the maximum height permitted is 25 ft. In response to the Chairman's request that the sign be lowered to the 25 ft. height, Mr. Hogan stated that he would have to confer with the San Diego office. The Chairman closed the public hearing. ON MOTION_BY WALLIN SECOND BY BOYLE, USE PERMIT NO. 73-8 WAS APPROVED SUBJECT TO THE FOLLOWING AMENDED CONDITIONS, BY THE FOLLOWING VOTE: 1. A revised plan -hall be submitted indicating a 3 ft. wide landscape planter to be located on that portion of the south property line which borders the parking on the western portion.".of the property. Said amended plot plan shall not include the location of existing pole sign. 2. The new freezer addition shall be treated in a manner which will compliement the existing architectural treatment of the restaurant. 3. All applicable ordinances shall be complied with. 4. All conditions of Use Permit No. 65-10 shall be complied with. S. An enclosed trash area shall be provided at the northwest corner of subject property. 6. Applicant will pursue with the staff, a reduction in height of the existing sign to 25 ft. AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None WRITTEN COMMUNICATION Royal M. Sorensen, Attorney for Vicmora Corporation The Acting Secretary stated that a letter has been received regarding an amendment to the ordinance code relating to agricultural housing facilities. I� 1 1 PC 4/17/73 6. Minutes: H.B. Planning Commission Tuesday, April 17, 1973 Page 7 Vicmora Corporation operates an agricultural housing facility located on the easterly side of Goldenwest Street, northerly of Ellis Avenue, under Conditional Exception No. 68-31. The exception, by its terms, will expire on July 1, 1973. Mr. Sorensen suggests a code amendment to allow the use under provisions of a use permit. Mr. Sorensen was present and addressed the Commission speaking in favor of the request. Mr. Sorensen stated that 50 to 100 people reside at the facility,working in the area when their services are required. Mr. Sorensen said that through a conditional use permit the city would be able to establish and maintain controls on the facility. Mr. Vic DiSteffano, officer of the Ocean View Mushroom Growers, employer of approximately one third of the occupants of the facility was present and spoke in favor of the proposal. Commission discussed whether it would be more appropriate to include the use under the unclassified uses. Commissioner Geiger stated that the facility provides substandard housing for the occupants and under other circumstances, would not be permitted by the city. Commissioner Boyle stated that if such facilities are not provided for farm workers, not only would they be deprived of housing, but their jobs as well. Following further discussion, Commission requested that further information on Conditional Exception No. 68-31 be provided, and a tour of this and the Fugita Farms facility be arranged. A tour was tentatively arranged for 9 A.M., May 5, 1973. Commission further requested income figures on residents of the facility. ON MOTION BY PORTER SECOND BY BAZIL, ACTION WAS CONTINUED TO MAY 8, 1973, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Fire Department and Building Department personnel were requested to accompany the Commission members on the tour of the facilities. 7. PC 4/17/73 Minutes: H.B. Planning Commission Tuesday, April 17, 1973 Page 8 TENTATIVE TRACT NO. 7627 USE PERMIT NO. 72-44 Applicant: Kaufman & Broad The Acting Secretary stated that a letter has been received from Kaufman and Broad requesting relief from the requirement to use cedar siding on the exterior of units because cedar is not available at this time. Permission is requested to use a combination of wood siding, stucco and heavy wood trim. Elevations of the original proposal and the requested change were posted. Mr. John Belda was present and addressed the Commission requesting approval of the proposed change. In response to an inquiry by the Commission, Mr. Belda stated that the roofing material is proposed to be composition shingle. It was noted that in the original elevations, wood shingle was shown. Mr. Belda stated that the proposed siding material is Texture III which is essentially the same as rough sawn cedar or redwood. In response to Commission inquiry, Mr. Belda stated that tile roof would cost from $400 to $500 per unit more than the composition shingle, and that the company did not propose using wood shingle roofing in the approved plan. ON MOTION BY BAZIL SECOND BY WALLIN, THE DEVELOPER WAS REQUESTED TO SUBMIT AN ALTERNATE PROPOSAL FOR COMMISSION CONSIDERATION, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Higgins, Boyle NOES: None ABSENT: None The Chairman directed the staff to review the record of Tentative Tract No. 7627 and Use Permit No. 72-44 with respect to the materials to be used in the project and directed staff to work with the applicant to develop an alternate proposal for Commission consideration. Design Review Board Goals and Objectives The Design Review Board has submitted a request to the Commission asking for comment and recommendation as to areas of emphasis, involvement and priority of the Board. PC 4/17/73 8. Minutes: H.B. Planning Commission Tuesday, April 17, 1973 Page 9 Mrs. Carole Ann Wall, Design Review Board, was present. The Chairman directed staff to provide each member of the Commission with a copy of the study program and place the subject on the agenda for the April 24, 1973 meeting for discussion. COMMISSION COMMENTS Code Amendment No. 72-21 Chairman Porter stated that he has received a copy of a letter from a member of the Citizens's High Rise Committee opposing the high rise ordinance in its present form. Tentative Tract No. 8039 Huntington Harbour Corp. Commissioner Kerins commented on critical statements directed toward the planning staff made at the April 16, 1973 City Council meeting relative to Tentative Tract No. 8039. Meadowlark Golf Course Commissioner Kerins noted that S&S Construction Company has entered into an escrow to purchase the golf course property. He suggested that S$S Construction Company be advised of the pending code amendment to establish a recreational zone which would apply to the property. Mr. Kerins further suggested that in the interim, the city initiate a zone change to R1-10,000 or R1-15,000 on the property. Planning Director Kenneth Reynolds advised against such action. He stated that at such time that the recreational zone is proposed to be imposed on the property, the owner will be notified. Chairman Porter noted that the property is master planned for the golf course and the master plan would have to be changed to conform to the existing zoning before a project could be approved. Mr.'Reynolds stated that S$S Construction Company is aware of both the zoning and master plan designation presently existing on the property. Environmental Review Procedures Commissioner Kerins stated that he thought departmental procedures should be changed in view of the new environmental review procedures. 9. PC 4/17/73 Minutes: H.B. Planning Commission Tuesday, April 17, 1973 Page 10 Acting Secretary Jim Palin stated that an appropriate time frame has not yet been established, however, procedures will be changed when this has been worked out. City Attorney's Opinion No. 73-6 Following discussion, copies of Opinion No. 73-6 concerning exceptions to the Planned Residential Development ordinance are to be forwarded to members of the Commission. Tentative Tract No. 8040 La Solana Corp. ON MOTION BY KERINS SECOND BY BOYLE, COMMISSION APPROVED THE RECOMMENDATION OF DR. CHARLES COLLINS, MADE THROUGH THE ENVIRONMENTAL COUNCIL, TO APPOINT KRISTEN BENDER TO MONITOR THE CALIFORNIA LEAST TERN ON TRACT NO. 8040, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Landscape Plan - Adams Avenue Commissioner Higgins stated that he felt the landscaping on Adams Avenue was inadequate. The Acting Secretary stated that'he has discussed this subject with the Street Tree Supervisor. ON MOTION BY KERINS SECOND BY BOYLE, STAFF WAS DIRECTED TO WORK WITH THE PUBLIC WORKS DEPARTMENT TO IMPROVE AND CARRY OUT THE INTENT OF THE COMMISSION IN THE ENFORCEMENT OF THE LANDSCAPING PLAN, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Apartment and Condominium Standards Commissioner Higgins stated that he felt the standards for planned developments and apartments should be the same; that apartment standards should be brought up to the Planned Resi- dential Development standards. This would eliminate the problem of evaluating proposed apartment conversions to condominiums. Planning Director Kenneth Reynolds stated that this would increase the cost of apartments and place them out of the reach of more people in the community which would be contrary to the proposed policy plan statement. PC 4/17/73 10. Minutes: H.B. Planning Commission Tuesday, April 17, 1973 Page 11 Following discussion, it was determined that the subject would be added to the Planning Commission projects for 1973. Growth Policy Commissioner Wallin requested publicity on the April 23 meet- ing on the Orange County Growth Policy. Consent Calendar Commissioner Wallin requested additional information on the consent calendar on items new to the Commission. Edison Expansion - Environmental Impact Report Commissioner Wallin inquired as to when the Commission would be receiving copies of the Edison Plant Expansion Environmental Impact Report. The Acting Secretary stated that they would be forth- coming in the near future. Enforcement of Service Station Standards Commissioner Wallin requested a report from the Building and Community Development Department on the enforcement of Service Station Standards. Newland House Commissioner Wallin suggested the Newland House be fenced in order to protect it from vandals. Planning Director Kenneth Reynolds reported on steps being taken with regard to the Newland House. City Attorney's Opinion Requested - Service Station Standards The Chairman requested an opinion from the City Attorney regarding the enforcement of service station standards under Article 948. Newland Marsh Commissioner Wallin inquired as to whether the Commission should take any action relative to the restoration and preservation of the Newland Marsh. Following discussion, it was determined that no further action by the Commission is required. 11. PC 4/17/73 Minutes: H.B. Planning Commission Tuesday, April 17, 1973 Page 12 Assembly Bill No. 72 Assembly Bill No. 72 is to be placed on a future study session agenda relative to possible adoption of a resolution of support. Arterial Wall - Atlanta and Newland ON MOTION BY BOYLE SECOND BY KERINS, STAFF WAS DIRECTED NOT TO PERMIT THE ARTERIAL WALL AT ATLANTA AND NEWLAND STREETS TO BE STAINED AS A MEANS OF RESOLVING THE COLOR PROBLEM AND TO BRING THE RECOMMENDED MEANS OF RESOLVING THE PROBLEM BACK TO THE COMMISSION FOR APPROVAL PRIOR TO AUTHORIZING THE DEVELOPER TO PROCEED, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None STAFF COMMENTS ZONE CASES NOS. 73-7, 73-8, 73-9 The Acting Secretary stated that the proposed zone changes are in conflict with the master plan and requested direction by the Commission as to whether to initiate master plan amendments to be heard concurrently with each zone case. Zone Case No. 73-7 ON MOTION BY KERINS SECOND BY WALLIN, A MASTER PLAN AMEND-' MENT IS NOT TO BE INITIATED IN CONJUNCTION WITH ZONE CASE NO. 73-7, BY THE FOLLOWING VOTE: AYES: Bazil, Geiger, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Zone Case No. 73-8 STAFF WAS DIRECTED TO PREPARE A MASTER PLAN STUDY OF THE PROPERTY WHICH IS LOCATED ALONG MAIN STREET ON THE EAST SIDE OF FLORIDA AND INCLUDING THE R2 PARCEL OF PROPERTY ON THE WEST SIDE OF FLORIDA. STAFF WAS DIRECTED TO REPORT ON APRIL 24, 1973 HOW LONG IT WILL TAKE TO COMPLETE THE STUDY. Zone Case No. 73-9 ON MOTION BY KERINS SECOND BY HIGGINS, A MASTER PLAN AMEND- MENT IS NOT TO BE INITIATED IN CONJUNCTION WITH ZONE CASE NO. 73-9, BY THE FOLLOWING VOTE: AYES: Bazil, Geiger, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None 1 PC 4/17/73 12. 1 1 J Minutes; H.B. Planning Commission Tuesday, April 17, 1973 Page 13 CONDITIONAL USE PERMIT CODE AMENDMENT ON MOTION BY BAZIL SECOND BY HIGGINS, STAFF WAS DIRECTED TO SCHEDULE THE CONDITIONAL USE PERMIT CODE AMENDMENT WITH THE EXCEPTION CLAUSE REMOVED, FOR PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None ADJOURNMENT ON MOTION BY KERINS SECOND BY HIGGINS, AT 12 MIDNIGHT, THE MEETING WAS ADJOURNED TO A STUDY SESSION AT 7 P.M., APRIL 24, 1973, BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Porter, Wallin, Boyle, Higgins NOES: None ABSENT: None Commissioner Geiger stated that he would be in Los Angeles until approximately 9 P.M. on April 24, 1973. Staff was directed to place the Code Amendment No. 72-21 as the first item on the April 24, 1973 agenda. 'e. 41�1 - '2 "/'� K. A. Reynol s Secretary -Marcus N. Portex.� Chairman 13. PC 4/17/73