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Home My WebLink About1973-12-19MINUTES Council Charter, Civic Center Huntington Beach, California Wednesday, December 19, 1973 Mayor Matney tailed the adjournedregular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. ROLL CALL Councilmen Present: Shipley, Bartlett, Green, Coen, Matney Duke. -'(arrived at 8:45 P.M.) Councilmen Present Gibbs RECONSIDERATION OF APPEAL - USE PERMIT 73-32 & CONDITIONAL EXCEPTION 73-23 OVERRULED PLANNING COMMISSION & APPROVED The City Clerk presented an appeal filed by Barnes, Schag, Johnson & Kennedy, Attorneys, an behalf of Shelter Industries, Inc., to the denial by the Planning Com►nission of Use Permit No. 73-32 to permit the construction of a 296 unit apartment complex pursuant to Section 9202.3.1.3 of the Huntington Beach Ordinance Code and Conditional Exception No. 73-23 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 property is located at the southwest corner of Edinger Avenue and Newland Street in an R3 medium -high density residential district. Environmental Impact Report No. 73-7 approved by the Environmental Review Board on May 13, 1973, with recommendations for mitigating measures to minimize the impact of the proposed project. Mayor Matney stated that a report had been received from the City's Environmental . Engineer regarding air and noise impacts upon the project. Mr; Jeremiah D. Jackson, City Environmental Engineer, addressed Council regarding the methods which he used to evaluate the air and noise impact upon the development, and reported at length regarding the analysis outline of the air and noise quality impact on which he had prepared a report. Mrs. Doris Hayes, resident of the City of Westminster, addressed Council regarding the material which she had received from the County regarding lead emissions.. Councilman Green then commented on factors relative to lead emissions. A representative of the City of Westminster addressed Council and informed them that their City remained in opposition to the project. Dr. John Hilliard, represehting the firm which prepared the supplementary report to the Environmental Impact .Report, addressed Council in opposition to the mitigating measures recommended by the Environmental Review Board. Mr. Cared Smith, architect of the project, addressed Council regarding his ability to construct the project with the contingency factors suggested. Discussion was held by Council and the importance of the City receiving guarantees relative to construction standards was stressed by Council. In response to a question by Council, Mr. Garrett stated that they would accept a condition imposing a 45 de c b 1 noise level for the project. fvry Page #2 - Council Minutes - 12/19/73 Discussion was held between.the Council and staff relative to the necessity of a Conditional Exception for the project due to certain modifications. James Palin, Senior Planner read the setback provisions of the ordinance code and it was determined that there would be no need for an application for conditional exception on this project. On motion by Green, Council adopted Environmental Impact Report No. 73-7 as approved by the Environmental Review Board, with mitigating measures to minimize the impact of the proposed project and subject to the recommendations contained in the Air and Noise Quality Addendum prepared by the City Environmental Engineer, dated December 19, 1973. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Duke A motion was made by Councilman Green to overrule the decision of.the Planning Commission and approve Use Permit No, 73--32 with the following conditions: 1. That the near maximum sound pressure level L-10 shall not exceed 45 dBA within the interior of all dwelling units. 2. That the exterior wall of the carports along the rear property line shall be of stucco or masonry construction. 3. That the development shall be subject to any other conditions placed upon the project by the Planning Department. 4. That no Certificate of Occupancy shall be issued by the City until a field test of the project is conducted by the City and determination is made.that the interior sound pressure level does not exceed 45 dBA; and further that the Council bases their decision on the following findings of fact: 1. That the proposed use will not be detrimental to the general welfare of persons residing and working in the vicinity. 2. That the proposed use will not.be injurious to property and improvements in the vicinity of such use. 3. That the intensity of use is satisfactory for this location. 4. That the project has been designed at less than the maximum density allowed with consideration for abutting uses. 5. That Commercial use would likely not be the best use of the property adjacent to the freeway. b. That although the proposed project is within the adopted freeway alignment for the Route 39 Freeway it should not act as an impediment to approval of this project. 7. That the City Council finds that this plan will substantially comply with the requirements of the City Code, the Master Plan of Land Use and the Development Standards for this particular use. 223 Page #3 -- Council Minutes - 12/19/73 Mr. David Kelly addressed Council regarding the standards of the Environmental Protection Agency for decibel levels in living quarters. Mrs. Doris Hayes, again addressed Council and stated that the material issued by the County stated that 45 dBA was the recommended level for all parts of the living quarters. Following discussion the motion made by Councilmen Green was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Matney NOES: Councilmen: None ABSENT: Councilmen. Gibbs, Duke RECESS A recess of the Council was called by Mayor Matney at 8:20 P.M., to be reconvened in the Administrative Annex. RECONVENE The Mayor reconvened the meeting in the Administrative Annex at 8:35 P.M. PUBLIC HEARINGS - PHASE I LAND USE ELEMENT TO THE GENERAL PLAN - APPROVED - RES NO 3814 ADOPTED - EIR #73-25 - ADOPTED - OPEN SPACE -CONSERVATION ELEMENT GENERAL PLAN APPROVED RES NO 3813 -- ADOPTED EIR #73-24 - ADOPTED Mayor Matney announced that this was the day and hour set for a public hearing to consider Phase I Land Use Element to the General Plan, initiated by the Planning Commission, and Phase I Open Space and Conservation.Element to the General Plan, initiated by the Planning Commission, The City Clerk informed Council that all legal requirements for publication and posting of said hearings had been met and that she had received a communication from Mr. Marion Wilson in opposition to the Phase I Land Use Element to the General Plan. The Planning Director reported at length regarding the proposed elements to the General Plan and referred to a Project Management Network Chart for Council's information. Councilman Duke arrived at the meeting at 8:45 P.M. Mr. Edward Selich, Senior Planner, presented a report to Council on various aspects of the proposed elements. Monica Florian;, Associate.Planner, presented a report to Council and spoke regarding the methods by which the recommendations contained in the plans were reached. Mayor Matney commented on the importance of setting.realistic goals and discussion was held between the Council and staff, Discussion was held regarding the amount of acreage which should be allotted for parks per 1000 population and the Council determined that five acres per 1000 population should be the goal. The City Administrator informed Council that this could be implemented at the time that Phase II of the plan is prepared, Page #4 - Council Minutes - 12/19/73 Mayor Matney declared the hearings open. Mrs. Carl L. Butler, Lakewood, addressed Council regarding the effect of the proposed plan on her property, and discussion was held between Mrs. Butler,.the Council and staff regarding the matter. Mr. Dennis Catron, Realtor, Midway City, addressed Council regarding the effect of the proposed elements on property in the City. Mr. Ralph Ashton, 4207 Parral Place, Sherman Oaks, addressed Council and submitted a letter which he had written to Council regarding the effect of the proposed elements. on his property. Mayor Matney requested that the members of the audience who had addressed Council on the matter leave their names and addresses so that the City may contact them further on the matter. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearings were closed by the Mayor. On motion by Green, Council adopted Environmental Impact Report #73-25, as recommended by the Environmental Review Board and approved Phase I Land Use Element to the General Plan. The motion was passed by the following vote: A;'FS: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs The City Clerk was directed to read Resolution No. 3814 by title.- "A RESOLUTION OF TI[E CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE GENERAL PLAN. OF LAND USE BY ADOPTING PHASE 1 OF THE LAND USE ELEMENT." On motion by Shipley, Council waived further reading of Resolution No. 3814 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen.: Gibbs On motion by Green, Council adopted Environmental Impact Report No. 73-24 as.recommended by the Environmental Review Board and approved Phase I Open Space and Conservation Element to the General Plan. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENIT: Councilmen: Gibbs The City Clerk was directed to read Resolution No. 3813,by title - "A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE GENERAL PLAN OF LAND USE BY ADOPTING PHASE 1, OPEN SPACE AND CONSERVATION ELEMENT," � S Page #5 - Council Minutes - 12/19/73 1 On motion. by Shipley, Council waived further reading of Resolution No. 3913 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs PRESENTATION - ORANGE COUNTY TRANSIT DISTRICT The City Administrator announced that a representative of the Orange County Transporta- tion District would be in attendance at the 5:30 portion of the adjourned Council meeting on January 7, 1974 to make a presentation regarding bus routing. CONGRESSMAN HINSHAW - BREAKFAST MEETING The City Administrator informed the Council that Congressman Hinshaw would be present at a breakfast meeting on January 4, 1974, at the Sheraton Beach Inn to discuss Federal legislation in general, and requested that as many Councilmen and staff as possible be present. COMMUNITY DEVELOPMENT WORKSHOP The City Administrator informed Council that a Community Development Workshop sponsored by the Orange County Division of the League of California Cities will hold a one day session in Anaheim on January 16, 1974, to discuss revenue sharing and various other items. RECESS Mayor Matney called a recess of the Council at 10.30 P.M., excused the City Clerk from the remainder of the meeting and appointed Councilman Bartlett to serve as acting City Clerk at such time as Council is reconvened. The meeting was reconvened at 11:30 P.M. by the Mayor. r, l PERMISSION TO BE ABSENT FROM MEETINGS - COUNCILWOMAN GIBBS On motion by Bartlett, Council excused Councilwoman Gibbs from attendance at City Council meetings during her convalescence from surgery. INFORMAL MEETING CALLED Mayor Matney called an informal meeting of the Council as a. Committee -of -the Whole for Thursday, January 3, 1974 at 6:00 P.M. in the Administrative Annex to'conduct interviews. Page #6 - Council Minutes-'12/19/73 ADJOURNMENT On motion by Bartlett, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned at 11:40 P.M. to Monday, January 7, 1974, at 5:30 P.M. in the Administrative Annex. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs ATTEST: Alicia M. Wentworth City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California eery A. Matney Mayor 1