Loading...
HomeMy WebLinkAbout1973-08-211 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, AUGUST 21, 1973 - 7:00 P.M. COMMISSIONERS PRESENT: Geiger, Bazil, Higgins, Kerins, Wallin, Porter COMMISSIONERS ABSENT: Boyle ITEMS TO BE CONTINUED OR WITHDRAWN: ON MOTION BY WALLIN SECOND BY GEIGER THE FOLLOWING ITEMS WERE CONTINUED BY THE FOLLOWING VOTE: TENTATIVE TRACT NO. 7899 Subdivider: Godfrey and Associates, Inc. A 90 day extension of time was granted to November 20, 1973 at the request of Arrowhead Engineering Corporation to allow Godfrey and Associates, Inc. time for filing Final Map for Tract 7899. A letter to this effect is on file in the Planning Department. TENTATIVE TRACT NO. 8192 (Cont. 8/7/73) Applicant: Covington Brothers Continued to October 2, 1973 at the request of applicant to allow time for study of feasibility of developing a Planned Development concept in lieu of standard subdivision. A letter to this effect is on file in the Planning Department. AYES: Geiger, Bazil, Higgins, Kerins, Wallin, Porter NOES: None ABSENT: Boyle REGULAR AGENDA ITEMS: TENTATIVE TRACT NO. 7743 (Cont. 8/7/73) In Conjunction With USE PERMIT NO. 72-82 (Cont. 8/7/73) Applicant & Engineer: J.M.C. Construction Co. Tentative Tract No. 7743 is a request for 16 lots, 15 units on 2.616 acres. Use Permit No. 72-82 is a request to permit 15 u*it planned residential'development on 2.616 ac. located on the west side of Marine View Drive north.of Los Patos and southeast of Warner. Minutes: 11.13. Planning Commission Tuesday, Atigust- 21., 1973 Page 2 The Acting Secretary stated that the applicant had not submitted revised maps on the afternoon of August -17, 1973 as agreed to at the Subdivision Committee Meeting. Therefore, the staff recommended a continuance. The Commission concurred that since maps had arrived too late to be included in the packet for review the applications should be continued to August 28 Study Session The applicant addressed the Commission and stated that he would concur with a continuance to'August 28 Study Session of the Planning Commission, with continuance of hearing to September 5, 1973. ON MOTION BY GEIGER SECOND BY HIGGINS TENTATIVE TRACT NO. 7743 AND USE PERMIT NO. 72-82 WERE CONTINUED WITH CONSENT OF APPLICANT TO SEPTEMBER 5, 1973 BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Kerins, Wallin, Porter NOES: None ABSENT: ,Boyle TENTATIVE TRACT NO. 8367 (Cont. 8/7/73) Applicant: Classic Development Corp. Tentative Tract No. 8367 is a request for M2, 7 lot subdivision on 7.17 acres of land located on the southwest corner of Ellis Ave. and Huntington St. The Acting Secretary reviewed the results of the Subdivision Committee meeting of August 17, 1973 with the'Planning Commission. Commission discussed street pattern, traffic circulation, and changing the zone from M2 to M1-A. Commissioner Bazil stated that he felt Ml district should be revised for greater control on type of buildings and more landscaping rather than making everything Ml-A. ON MOTION BY-WALLIN SECOND BY PORTER TENTATIVE TRACT NO. 8367 WAS APPROVED WITH•THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: 1. All applicable conditions of the "Standard Conditions of Approval" for tentative maps dated May 2,3, 1972 shall be complied with. 2.. The tentative map marked received August 17, 1973 shall be the approved map. 3. The uses shall be so buffered from the residential district on the east and north so as not to be incompatible. Buffering shall be by landscaping and masonry walls as approved by the Board'of Zoning Adjustments when the use permit and/or administrative review application is processed. -2- PC - 8/21/73 1 Minutes: H.B. Planning Commission Tuesday, August 21, 1973 Page 3 4. The buffering of this development from the residential district on the east shall also include a combination of reasonable setbacks and landscaping. S. Staff should be directed by the Commission to study the area as it concerns zoning and traffic circulation of seemingly incompatible uses in close proximity to one another. 6. The uses permitted in this tract shall be such that no undue inconsiderate operations are permitted. As an example, activities generating noise and pollutants that are distracting to the reasonable sensitivities of the residents in the community. 7. Applicant to file for rezoning from M2 to MI -A prior to issuance of building permits. AYES: Geiger, Bazil, Higgins, Kerins, Wallin, Porter NOES: None ABSENT: Boyle -AnMINISTRATIVE REVIEW NO.. 72-93 (Cont. 10/17_/72) Applicant: Southern California Edison -Co. - This is a request to permit the construction, operation and maintenance of 6 combined cycle generating units at applicant's Huntington Beach Generating Station pursuant to S. 9551 of the Ordinance Code. Each unit consists of two gas turbines, two heat recovery steam generators and one steam turbine. The units are designed to use either natural gas or distillate for fuel. Also, as indicated on the development plans construction of a shop.and warehouse building of 40,000 sq. ft. construction will be of concrete block with a height of 25 ft. Vugraphs were presented by Mr. Ken Reynolds, Planning Director. The Acting Secretary, Mr. Jim Palin, stated that the Edison Co. had additional drawings for display if the Commission wished to review them. He further stated that the Environmental Review Board has held two public hearings on the Environmental Impact Report and'Environmental Review Board's recommendations have been transmitted to the Commission for review. Mr. Bob Burbank of the Edison Co. addressed the Commission and provided a history of the Edison Company's application dating back to August of 1972. Marie Buckland questioned the right of Huntington Beach to pollute the South Coast Basin. She presented photos for review of Planning Commission. Mr. Joseph Edmiston, Southern California Coastal Coordinator, of Sierra Club, submitted to the Planning Commission a statement on air pollution aspects of the Huntington Beach combined cycle project. -3- PC - 8/21/73 Minutes: H.B. Planning Commission Tuesday, August 21, 1973 Page 4 The Commission directed questions to Mr. Burbank and to Mr. Richardson of the Edison Company. Mrs. Carlberg addressed the Commission and discussed information contained within the Environmental Impact Report. Commissioner Wallin requested that APCD be furnished a copy of VTN's report. She further requested that a copy of the Environ- mental Impact Report be sent to EPA Regional Division 9, San Francisco, California, with the hope of some input between now and September 5. Commissioner Kerins stated that he felt conditions of approval for plant are needed and requested that staff prepare the following list for next study session packet. 1. Tower erection and site preparation as separate applications. 2. Edison should assume all responsibility for legal claims based on air pollutant fallout. 3. Improvement should include sidewalks along Pacific Coast Highway and Newland. 4. Minimum height of berm should be 151, maximum 30' with an average of 22' and that such berm be approved by the Orange County Flood Control District as adequate to withstand a 100 year flood. 5. Approval to be reviewed in 5 years for additional conditions to insure that measuring levels of standards as presented in the Environmental Impact Report are achieved and that Edison is using the best available technology to reduce emissions. 6. Edison will make a financial and planning contribution in conjunction with Fish and Game to plan for the establishment and development and maintenance of the 35 acre ecological preserve of the property to -the east. 7. The Orange County Flood Control District shall be given periodic reports on the dewatering during and after site construction to provide appropriate controls and conditions to assure that the content of the water within the flood control channel is sufficient to maintain food for the marine life. 8. To lessen site activity from impact on surrounding residential area all construction traffic should be so directed from the site that Magnolia and Newland Streets will not be utilized beyond the Flood Control Channel crossing, also that delivery of heavy equipment for installation at the site and use of heavy construction equipment should be limited to Pacific Coast Highway, Beach Blvd., and Brookhurst Street. 1 -4- PC - 8/21/73 d Minutes: H.B. Planning Commission Tuesday, August 21, 1973 Page 5 Commissioner Porter suggested that Edison make an effort to acquire the approximate 37 acres of land to the north formerly used as a mud dump and upgrade said property with improvements and landscape. Commissioner Wallin questioned circulation of VTN's report, stating that APCD did not receive the final report. Chairman Kerins stated that staff and Commissioners should include recommendations of the Environmental Review Board in the Environmental Impact Report pages 272 - 287. ON MOTION BY HIGGINS SECOND BY BAZIL ADMINISTRATIVE REVIEW NO. 72-93 WAS CONTINUED TO SEPTEMBER 5, 1973 BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Kerins, Wallin, Porter NOES: None ABSENT: Boyle At 9:30 P.M. meeting adjourned for a ten minute recess. USE PERMIT NO. 73-32 - APPEAL (Cont. 7/17/73) CONDITIONAL EXCEPTION NO. 73-23 - APPEAL Applicant: Shelter Industries, Inc. Use Permit No. 73-32 is a request to permit 296 unit apartment complex located on the southwest corner of Edinger Ave. and Newland Street, 12.442 acres. The Conditional Exception No. 73-23 is a request to permit zero side and rear yard setback for carports of a proposed 296 unit apartment complex in lieu of S. 9320.13(c) of the Huntington Beach Ordinance Code. The Chairman stated that public hearing had been closed. He reopened the hearing to the public. Mr. J. Lawrence Judy, of the law firm of Barnes, Schag, Johnson & Kennedy, addressed the Commission and outlined reasons why he felt the project should be approved. Mr. Huntley, City Administrator for the City of Westminster, addressed the Commission and discussed the highlights of his letter directed to the Planning Commission dated August 21, 1973, which outlined the City of Westminster's reasons for objection to the project. The Chairman closed the hearing to the public. Commissioner Wallin discussed the noise factor and density of population which would be in such close proximity to proposed freeway. Commissioner Porter discussed air pollution from proposed freeway and stated he was not sure any development should be approved right next to a proposed freeway. -5- PC - 8/21/73 Minutes: H.B. Planning Commission Tuesday, August 21, 1973 Page 6 Commission discussion followed. Commissioner Wallin referred to Section 9811.2 of the Ordinance Code as reasons for overruling the Board of Zoning Adjustments' approval of Use Permit No. 73-32 and Conditional Exception No. 73-23. ON MOTION BY WALLIN SECOND BY PORTER APPROVAL OF BOARD OF ZONING ADJUSTMENTS WAS OVERRULED AND USE PERMIT NO. 73-32 WAS DENIED FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: 1. The proposed use will be detrimental to the general welfare of persons residing and working in the vicinity. 2. The proposed use will be injurious to property and improvements in the vicinity of such use. 3. Intensity of use is too great for this location. 41. The project has been designed at the maximum density allowed without any consideration for abutting uses. S. Commercial use would be the best use of the property adjacent to the freeway. 61. Proposed project is within the adopted freeway alignment for the Route 39 freeway. AYES: Wallin; Porter, Kerins, Geiger NOES: Bazil, Higgins ABSENT: Boyle MINORITY REPORT Commissioner Bazil stated that it was a rental project and that no one would be forced to live there if they didn't like it and that he felt it was not the Commission's right to overrule the Board of Zoning Adjustments and deny the above described applications for reasons cited in Section 9811.2. Commissioner Bazil also stated that if the Planning Commission was going to deny the use the motion for denial should have been made at the last Commission meeting. Chairman Kerins stated that he was not in favor of the project as submitted, that it does not have sufficient buffering between the units proposed and the freeway, units next to the freeway should be removed, and that the density is too great when considering the adjacent zoning and land uses. He also stated that he cast a no vote to allow the applicant an opportunity to appeal the Planning Commission decision to the City Council to avoid an additional delay caused by a continuance. Commissioner Higgins stated that he concurred with Commissioner Bazil. He further stated that if proximity to freeways (which was a major point for the denial) was going to be the criteria 16 -6- PC - 8/21/73 Minutes: H.B. Planning Commission Tuesday, August 21, 1973 Page 7 for acceptance land owners and developers should be made aware of this. He stated that he felt it was not fair for developers to put forth their efforts and go through con- tinuances and then have the development turned down for reasons not stated at earlier meetings, nor which are policy. He stated that the basis for denial in his opinion was not based on any Ordinances of the City of Huntington Beach. ON MOTION BY WALLIN SECOND BY PORTER APPROVAL OF BOARD OF ZONING ADJUSTMENTS OF CONDITIONAL EXCEPTION NO. 73-23 WAS OVER RULED AND DENIED FOR THE FOLLOWING REASON AND BY THE FOLLOWING VOTE: Use Permit No. 73-23 was denied. AYES: Geiger, Kerins, Wallin, Porter NOES: Bazil, Higgins ABSENT: Boyle SPECIFIC PLAN NO. 73-1 Applicant: Initiated by the Planning Commission Specific Plan No. 73-1 is a request for redesignation of land use and master plan categories, precise plan of street alignment, closure of Taylor Dr., and establishment of buffer zone fronting Taylor Dr. In Conjunction with ZONE CASE NO. 73-21 Applicant: Initiated by the Planning Commission Zone Case No. 73-21 is a request for change of zone from M1 to M1-A, CF-R to M1-A, RA to M1-A, and CF-E to M1-A. This is an area bounded by Beach Blvd., Southern Pacific Railroad, Taylor Dr. and Talbert Avenue. Al Montez, Planning Department, presented Vugraphs and reviewed the proposed zone change with Commissioners, and specific plans. The Chairman opened the hearing to the public on Zone Case No. 73-21. Mr. R. Russell, representing some two hundred homeowners in the Five Points vicinity, addressed the Commission speaking against such zone changes, and Specific Plan No. 73-1. He stated in behalf of the homeowners that the Commission was requested to take no action on this proposal at this time. He further stated that he would like to have time to show what is taking place on the other side of the tract and come back at a later time and present the views of the people in that area. -7- PC - 8/21/73 Minutes: H.B. Planning Commission Tuaesdgy, August 21, 1973 Page There was a discussion on the park site being 5 acres rather than 2.5 acres. Mr. Tom Cooper, Recreation and Parks Department, addressed the Commission with regard to the minimum size of park sites being 5 acres rather than 2.5 acres. There were several people from the audience who addressed the Commission speaking against the Zone Change and Specific Plan. The Chairman closed the hearing to the public. 'ON MOTION BY GEIGER SECOND BY BAZIL SPECIFIC PLAN NO. 73-1 AND ZONE CASE NO. 73-21 WERE CONTINUED TO SEPTEMBER 18, 1973 WITH THE FOLLOWING VOTE: AYES: Geiger, Bazil, Higgins, Kerins, Wallin, Porter NOES: None ABSENT: Boyle The Chairman requested that staff furnish additional information toward reaching a solution to the problems of the above mentioned area. At 12:10 A.M. there was a ten minute recess. Commissioner Higgins asked to be excused from the meeting at 12:15 A.M. ZONE CASE NO. 73-20 Applicant: Initiated by the Planning Commission Zone Case No. 73-20 is a request to add the suffix -CD to the following zones: R1-01, C2-0, R5-01, C2-01, RA-0, M2-02, M1-0, CF-E, Ml, and RA-02. This property is located on the north and south sides of Mansion Avenue east of Goldenwest Street and east and west sides of Goldenwest Street north of the intersection of Mansion Avenue to approximately 900 ft. south of Ellis Avenue. The Chairman opened the hearing to the public. Mr. Jack Wallace, representing W. E. Foster of the Huntington Beach Company, read a letter of opposition to the proposed zone change. The letter was given to the Acting Secretary for filing. Mr. Ken Reynolds, Planning Director, referred to Article 967 of the Huntington Beach Ordinance Code. The Chairman closed the hearing to the public. Vugraphs were presented. ON MOTION BY PORTER SECOND BY WALLIN ZONE CASE NO. 73-20 WAS APPROVED FOR THE FOLLOWING REASON AND BY THE FOLLOWING VOTE: 1. The change of zone conforms with the intent of Article 967. 2. This suffix zoning provides continuity between two major civic facilities and accomplishes the stated intent of the Commission 0 _8_ PC - 8/21/73 Minutes: II.B. Planning Commission Tuesday, August 21, 1973 Page 9 relative to having a scenic route along this corridor. AYES: Geiger, Bazil, Kerins, Wallin, Porter NOES: None ABSENT: Boyle, Higgins CONDITIONAL USE PERMIT NO. 73-04 Applicant: Randolph C. Gore Conditional Use Permit No. 73-04 is a request to permit the existing use (public golf driving range) to remain at its present location which is the east side of Delaware Avenue approximately 300 ft. south of Adams Street. The Chairman opened the public hearing and there was no one present to speak in favor of or against the request. Therefore the public hearing was closed. The Commissioners discussed the applicant's request and suggested conditions of approval. There was some discussion on the existing oil tanks and the length of time for approval. ON MOTION BY BAZIL SECOND BY GEIGER CONDITIONAL USE PERMIT NO. 73-14 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: 1. All of the below listed conditions of approval shall be complied with within a period of 120 days from date of August 21, 1973. 2. The Conditional Use Permit shall expire on June 30,.1978 with the stipulation that extension of time at this time may be possible. 3. Existing oil tanks on the property shall be partitioned by a chainlink fence and shall be surrounded by a 32 inch high landscaped berm. 4. The plot plan received June 13, 1973 shall be the approved layout. 5. Delaware Ave. shall be dedicated to City standards at the time each parcel is developed. 6. The water, sewer, and fire hydrant system shall be approved by the Department of Public'Works and Fire Department. 7. A landscaping plan shall be submitted to.the Planning Dept. for review and approval action. 8. All signs for the proposed development shall be submitted to the Board of Zoning Adjustments for approval. Signs shall reflect a common theme with respect to design materials and colors which are compatible with the architectural theme of the proposed project. -9- PC - 8/21/73 Minutes: H.B. Board of Zoning Adjustments Tuesday, August 21, 1973 Page 10 9. Fire Alarm system conduit and appurtenances shall be installed by the developer at locations and to specifications provided by the Fire -Department. 10. Parking compounds shall be screened with a combination of fencing and landscaping. Said plan shall be submitted to the Planning Department for review and approval. Fencing and landscape plans shall include the following information. a. A list including quantities and sizes for each species of plants and all ground cover material. b. Irrigation layout to include meter location, pipe sizes, sprinkler head types, etc. c. Fencing materials and detail drawing. 11. Delaware Avenue shall be fully improved including street trees, street signs, street lights, fire hydrants, sewer and water main extensions. 12. Off-street parking facilities shall conform to Article 979. 13. Lighting system shall be shielded to reflect away from adjoining properties and streets. 14. Water supply shall be through the City of Huntington Beach's water supply system. 15. Sewage disposal shall be through the City of Huntington Beach's sewage system. 16'. Easements for utilities or walkways shall be provided to Department of Public Works standards. 17. The property shall participate in the local drainage assessment district. 18. No structures, other than those shown on the approved plot plan, shall be constructed within the project. 19. All applicable City Ordinances shall be complied with. AYES: Geiger, Bazil, Kerins, Wallin, Porter NOES: None ABSENT: Boyle, Higgins COMMISSIONERS' COMMENTS ON MOTION BY WALLIN SECOND BY PORTER CITY ATTORNEY'S OFFICE AND PLANNING DEPARTMENT WERE DIRECTED TO DRAFT A CODE AMENDMENT TO SUBDIVISION ORDINANCE TO BRING INTO COMPLIANCE WITH THE STATE MAP ACT REQUIREMENTS FOR DIVISION OF LAND BY THE FOLLOWING VOTE: -10- PC - 8/21/73 Minutes: H.B. Planning Commission Tuesday, August 21, 1973 Page 11 AYES: NOES: ABSENT: ADJOURNMENT Geiger, Bazil, Kerins, Wallin, Porter None Boyle, Higgins ON MOTION BY BAZIL SECOND BY WALLIN THE MEETING ADJOURNED AT 12:58 A.M. BY THE FOLLOWING VOTE: AYES: Geiger, Bazil, Kerins, Wallin, Porter NOES: None ABSENT: Boyle, Higgins K. A. Reynolds Secretary 1 1 '1'"*.�A 9. PdAi Am A dward H. erin Chairman -11- PC - 8/21/73