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HomeMy WebLinkAbout1977-11-01Approved Dec. 6, 1977 MINUTES 1 Ll HUNTINGTON BEACH PLANNING COMMISSION Countil Chambers, Civic Center Huntington Beach, California TUESDAY, NOVEMBER 1, 1977 - 7 P.M. COMMISSIONERS PRESENT: Stern, Finley, Gibson, Slates, Shea, Newman, Hoffman COMMISSIONERS ABSENT: None NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CONSENT CALENDAR: MINUTES - OCTOBER 4, 1977 AND OCTOBER 11, 1977 TENTATIVE TRACT NO. 10062: CONFORMANCE WITH GENERAL PLAN ON MOTION BY SHEA AND SECOND BY NEWMAN THE CONSENT CALENDAR WAS APPROVED BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Slates, Shea, Newman, Hoffman NOES: None ABSENT: None SCHEDULED ITEMS: Chairman Slates stated that he would be abstaining on the first item on the Agenda and turned the chair over to Vice -Chairman Shea. CONDITIONAL USE PERMIT NO. 77-14/NEGATIVE DECLARATION 77-83 Applicant: Foxx Development Corporation IN CONJUNCTION WITH TENTATIVE TRACT NO. 8197 Subdivider: Foxx Development Corporation This is a request for a 61 residential unit project located on the north side of Taylor•660-feet west of Beach. John Cope stated that he had no information to add to that contained in the staff report.' The public hearing was opened on Conditional Use Permit No. 77-14 and Negative Declaration 77-83. ' Jim Foxx addressed the Commission and stated that he had his engineer and architect to answer questions. He then introduced John Mandrell, engineer. r Minutes: H.B. Planning Commission Tuesday, November 1, 1977 Page 2' John Mandrell addressed the problems encountered in the project and the delays which had occurred. Clark Forest Butts, architect, addressed the Commission and discussed the architectural aspects of the project, stating that the units are basically patio -oriented. He discussed the open space. Robert: -Mitchell, landscape architect, addressed the Commission primarily on the features of the block wall. Jim Foxx again addressed the Commission with a discussion on setback requirements and landscaping. The public hearing was closed Commissioner Finley stated that she felt there were problems with the project in addition to those listed in the staff report. She was concerned that the Subdivision Committee did not look at the project in terms of adjoining industrial zoning. She felt that the parking proposed was inadquate and would adversely effect the circulation. Commissioner Hoffman stated that he felt it should be referred back to the staff. Commissioner Stern stated that he felt an attempt should be made to place conditions on the northwest boundary to provide a buffer. Vice -Chairman Shea stated that she'felt this planned development ranked high and could stand on its own merits. She was in favor of the project as proposed. A MOTION WAS MADE BY HOFFMAN AND SECONDED BY NEWMAN TO REFER TENTATIVE TRACT 8197/NEGATIVE DECLARATION NO. 77-83, AND CONDITIONAL USE PERMIT NO. 77-14 BACK TO THE STAFF TO CHANGE THE CONCEPT AND BUFFERING. Secretary Selich stated that a major point of disagreement is getting some type of adequate separation and common open space on the northwest portion of the property where it joins the industrial property. Commissioner Stern asked for the concurrence of Mr. Foxx on continuing all three items in an effort to work out problems. Jim Foxx stated that he did not concur with a continuance based on working with staff trying to get open space in the northwest portion of the propert,. He felt there were minor differences which could be worked out with present concept. He requested a decision on 30 foot buffer and open space in concept. He stated that he was looking for Commission approval on concept of open space and buffering and that he would work with staff on details for conditions of approval. A MOTION WAS MADE BY GIBSON TO APPROVE THE PLAN IN CONCEPT. THE MOTION DIED FOR LACK OF A SECOND. . i COMMISSIONER HOFFMAN WITHDREW HIS MOTION BASED ON THE FACT THAT THE SUBDIVIDER DID NUT CONCUR WITH A CONTINUANCE TO WORD [tiITH STAFF IN CHANGING THE CONCEPT AND OPEN SPACE AND BUFFERING. -2- 11'/1/77 - PC Minutes: H.B. Planning Commission Tuesday, November 1, 1977 Page 3 ON MOTION BY HOFFMAN AND SECOND BY FINLEY CONDITIONAL USE PERMIT NO. 77-14 WAS DENIED WITH THE FOLLOWING FINDINGS BY THE FOLLOWING VOTE: The staff recommends denial of Conditional Use Permit No. 77-14 and Tentative Tract No. 8197 based on the following findings: 1. The site layout and design of the proposed residential use does not properly adapt the residential structures to the future adjacent industrial uses to the west. 2. The location of many of the residential units within very close proximity of the adjacent industrial properties poses a strong likelihood of a detrimental effect upon the health, safety, and convenience of the residents that will reside in those units. 3. The design of the proposed subdivision is such that it is not consistent with the intent of the provisions of the Taylor/Beach Specific Plan which encourages the maximization of buffering in- compatible land uses through the design flexibility of a planned residential development 4. Parking for units 1-4, and 38-43, is such, that because of the numerous short driveways, the unit to unit orientation is un- desirable and will have -an adverse effect on the circulation for the project since access to the entire site must pass in front of these units. 5. The minimum rear yard setbacks for to}s 39, 40, 41, 43, 1, and 2 are in violation of the development standards for a Planned Residential Development. 6. The project's design and layout has not taken advantage design flexibility, i.e., setbacks, unit placement, open space orientation, etc., that would have promoted a desirable living environment. With units adjacent to the industrial zoning, the project's design has not reduced noise transmission or mitigated visual intrusion of the industrial onto the residential units. AYES: Stern, Finley, Newman, Hoffman NOES: Gibson, Shea ABSENT: None ABSTAIN: Slates Commission discussion ensued. ON MOTION BY NEWMAN AND SECOND BY GIBSON NEGATIVE DECLARATION NO. 77-83 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Gibson, Shea, Newman, Hoffman NOES: Stern, Finley ABSENT: None ABSTAIN: Slates -3- 11/l/77 - PC Minutes: H.B. Planning Commission Tuesday, November 1, 1977 Page 4 There was a discussion on the order of the voting. Deputy City Attorn Travis stated that even though the vote on Conditional Use Permit No. 77-14 was taken out of order it still stood. The Vice Chairman called a five minute recess at 8:20 p.m. The meeting reconvened at 8:30 ON MOTION BY STERN AND SECOND BY SHEA THE COMMISSION AGREED TO RECONSIDER APPLICATIONS FOR TENTATIVE TRACT 8197 AND,CONDITIONAL USE PERMIT 77-14, AND'NEGATIVE DECLARfi TION 77-83 BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Shea, Hoffman NOES: None ABSENT: None ABSTAIN: Slates, Newman Commissioner Hoffman stated that he made the motion to refer the project back to the staff providing the concurrence of the developer was obtained and the developer stated that he did not want to do that. Commissioner Hoffman stated that he assumed that the developer thought it would be approved and therefore would avoid further discussion with the staff. For that reason he stated that he would not vote for continuance. ` Commissioner Stern stated that the property was in a rundown condition condition and would like to see it improved as soon as possible. ON MOTION BY STERN AND SECOND BY SHEA CONDITIONAL USE PERMIT NO. 77-14, TENTATIVE TRACT 8197 AND NEGATIVE DECLARATION NO. 77-83 WERE CONTINUED TO NOVEMBER 15, 1977 TO ALLOW APPLICANT TIME TO MEET WITH SUBDIVISION COMMITTEE TO CONSIDER ALTERNATIVE PLANS WITH THE CONCURRENCE OF APPLICANT BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Shea, Newman NOES: Hoffman ABSENT: None ABSTAIN: Slates Commissioner Finley requested that when it comes back to the Sub- division Committe she would like to have examples of what the City has done with walkways in parks. in other areas of the City. Chairman Slates requested,a Commissioner to sit in on the Subdivision Committee meeting in his absence. Commissioner Shea stated that she would attend that meeting. ZONE CHANGE NO. 77-26 Applicant: Franklin J. Buccella This is a request for a change of zone from M1 to R2-PD in the area located north of Talbert Avenue east of Pacific Electric Railroad. The staff recommended that the zone change be approved for a change from M1 to Q-R2-PD. . -4- 11/1/77 - PC i LJ Minutes: H.B. Planning Commission Tuesday, November 1, 1977 Page 5 John Cope stated that the staff expanded the area in the application and also initiated the "Q" prefix on the requested R2-PD zoning. The public hearing was opened. Commissioner Stern stated that he had a letter from Mrs. Doty stating that she was in favor of the change of zone but could not stay for the public hearing to testify. Lee Collins addressed the Commission and spoke in favor of the zone change, stating that the feeidential development would help the shopping center at Beach and'Talbert. Joe Garcia also spoke in favor of the zone change. Mr. Zweibel spoke in favor of residential use for the area. Jerry Bame addressed the Commission and spoke in opposition to the change to residential. He stated that he represented no particular group, but felt that as a citizen the City should retain this property as industrial. Mr. Zweibel again addressed the Commission and spoke in favor of the requested zone change. Frank Buccella addressed the Commission and spoke in favor of the zone change. He discussed the the buffering between residential and industrial. Lillian Warner addressed the Commission and stated that she felt it should be a condition of approval for the applicant to acquire all the property in the area. She stated that she felt the property rights of everyone should be considered and not just the developer. The public hearing was closed. Commission discussion ensued. ON MOTION BY HOFFMAN AND SECOND BY NEWMAN ZONE CHANGE 77-26, A CHANGE OF ZONE FROM M1 TO Q-R2-PD WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: FINDINGS: 1. The Land Use Element of the General Plan designates the subject property as medium density residential. Therefore, the requested medium density zoning is consistent with and actually implements. the General Plan designation. 2. The resulting residential uses will be more compatible with the existing residential uses to the immediate east. -5- 11/1/77 - PC Minutes: H.B. Planning Commission Tuesday, November 1, 1977 Page 6 CONDITIONS: 1. There shall be a minimum forty-five (45) foot setback line, measure from the property line on the north and west property lines of the 38.7+ acre site, where such property lines abut industrially zoned properties. 2. Development of the property shall be as provided in one (1) of the following alternatives: a. Review and approval of any development proposal shall be for the entire 38.7+ acre site. b. Review and approval of any development proposal shall be based on a 19+ contiguous acre site. 3. The density shall not exceed 8.5 dwelling units per gross acre. 4. There shall be one (1) access point for each nineteen (19+) acre site. The location of said access shall be subject to the Planning Department and Department of Public Works approval. AYES: Stern, Gibson, Slates, Shea, Newman, Hoffman NOES: Finley ABSENT: None Commissioner Finley stated that when this area was before the Planning Commission public hearing for General Plan Amendment 77-1 she had voted against the change as she felt that a mistake -was made in losing a tax base for the City. In addition she feels that a decision on this piece should not have been made prior to the decision on the change to the whole Gothard Area. She stated that to ,be consistent she voted against the zone change. TENTATIVE TRACT NO. 10053/NEGATIVE DECLARATION NO. 77-107 Subdivider: R. D. Cox This is a request for a 16 lot subdivision located on the northeast corner of Rushmoor Lane and McFadden Avenue. Dick Kaupp addressed the Commission and stated that he would be glad to answer any questions. Commission discussion ensued. ON MOTION BY HOFFMAN AND SECOND BY NEWMAN NEGATIVE DECLARATION NO. 77-107 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Slates, Shea, Newman, Hoffman NOES: None ABSENT: None -6- 11/1/77 - PC Minutes: H.B. Planning Commission Tuesday, November 1, 1977 Page 7 ON MOTION BY NEWMAN AND SECOND BY SHEA TENTATIVE TRACT 10053 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Slates, Shea, Newman, Hoffman NOES: None ABSENT: None FINDINGS: The Planning Commission of the City of Huntington Beach does hereby find that the proposed subdivision, along with its design and improve- ments, is consistent with general and specific plans for the area in that: 1. The proposed subdivision of this 4.07 acre parcel of land zoned R-1 (which allows 6.5 units per gross acre) is proposed to be - constructed having only 4.75 units per gross acre. 2.* The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation for this type of housing. 3: The property was previously studied for this intensity of land use at the time the land use designation for low density resi- dential was placed on said property. 4. The lot size, depth, frontage, street widths, and all other design and improvements features of the proposed subdivision are pro- posed to be constructed in compliance with standard plans and specifications on file with the City, as well as in compliance with the State Map Act and supplementary City Subdivision Ordinance. CONDITIONS: 1. The map received and dated October 28, 1977, shall be the approved layout subject to alternative No. 2 being the treatment for cul-de-sac street. 2. The grading plan and street improvement plan shall be reviewed by - the Street Tree Superintendent prior to construction to assure that the critical area of the roots at the base of the tree will not be damaged through construction. 3. Drainage system for the subdivision shall be approved by the De- partment of Public Works prior to the recordation of a final map. The system shall be designed to provide for siltation and erosion control both during and after construction of the project. 4. If the developer proposes to provide air conditioning, the insu- lation in'ceilings and exterior walls shall be a minimum of R-19 and R-11, respectively. If no air conditioning is to be provided, insulation in ceilings and exterior walls shall be a minimum of R-13 and R-7, respectively. -7- 11/1/77 - PC Minutes: H.B..Planning Commission Tuesday, November 1, 1977 Page 8 5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. 6. Natural gas and 220V electrical shall be stubbed in at the lo- cation of clothes dryers, and natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. The structures on subject property, whether attached or detached, shall be constructed in compliance with the State Acoustical Standards set forth for all units that lie within the 60 CNEL contours of the property. 8. Crime prevention techniques should be applied to the design aspects of the project (e.g., single -cylinder locks, etc.). 9. Low -volume heads shall be used on all spigots and water faucets. AYES: Stern, Finley, Gibson, Slates, Shea, Newman, Hoffman NOES: None ABSENT: None REVISED`/TENTATIVE TRACT NO. 9796 AND REQUEST FOR RECONSIDERATION OF TENTATIVE TRACT 9941 AND CONDITIONAL EXCEPTION NO. 77-05 Applicant: Robert F. Curtis ON MOTION BY SLATES AND SECOND BY SHEA THE COMMISSION AGREED TO RECONSIDER CONDITIONAL EXCEPTION NO. 77-05, TENTATIVE TRACT 9941 (REVISED) AND TENTATIVE TRACT 9796 (REVISED) BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Slates, Shea, Newman, Hoffman NOES: None ABSENT: None John Cope stated that these two tracts have been previously approved and are back before the Commission because of slight modifications. He further stated that items have been reviewed by the staff and subdivision committion and the changes will result in a reduction of units and number of bedrooms. The public hearing was opened. There was no one present to speak on these applications, and the public hearing was closed. ON MOTION BY SHEA AND SECOND BY NEWMAN CONDITIONAL EXCEPTION NO. 77-0 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITION BY THE FOLLOWI VOTE: 1 -8- 11/1/77 - PC Minutes: H.B. Planning Commission Tuesday, November 1, 1977 Page 9 FINDINGS - CONDITIONAL EXCEPTION NO. 77-05 (REVISED) 1: The minor lot width reduction has been necessitated -by the com- bination of the site being located within a problem subdivision area, and the fact that Lynn Street was recently increased from a 50 foot to a 54 foot right-of-way. 2. A reduction is not inconsistent with limitations on surrounding properties, since they also are subject to the constraints of past illegal subdivision activities. 3. The reduction allows for an innovative subdivision that yields less units than a conventional R3 subdivision and therefore is not materially detrimental to the public welfare or injurious to the properties in the general vicinity. CONDITION OF APPROVAL - CONDITIONAL EXCEPTION NO: 77-05 (REVISED 1. The site plan received and dated October 31, 1977, shall be the approved plan for -type and location of all structures. AYES: Stern, Finley, Gibson, Slates, Shea, Newman, Hoffman NOES: None ABSENT: None ON MOTION BY NEWMAN AND SECOND BY SHEA REVISED TENTATIVE TRACT 9941 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: FINDINGS - TENTATIVE TRACT 9941 (REVISED) 1. The proposed subdivision of this 2.5 acre parcel of land is zoned R3-22 which allows 22 units per gross acre is proposed to be con- structed having 22 units per gross acre. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of housing. 3. The property was previously studied for this intensity of land use at the time the land use designation for Medium High Density Residential was placed upon said property. 4. The lot, size, depth, street width, and all other design improve- ment features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifications on file with the City, as well as in compliance with the State Map Act and supplemental City ordinances. Minutes: H.B. Planning Commission Tuesday, November 1, 1977 Page 10 CONDITIONS - TENTATIVE TRACT 9941 AND 9796 (REVISED) 1. Tentative Map 9941 and Tentative Map 9796 received and dated October 31, 1977 shall be the approved layout. 2. Sewer and water main systems shall be installed in Lynn Street from Warner Avenue south to the southerly boundary of the proposed subdivision. 3. A minimum of a 12 foot travel lane on each side of the centerline of Lynn Street shall be constructed by the developer from Warner Avenue to the northerly boundary of the subdivision. Such con- struction shall be in compliance with the standard plans and specifications of the Department of Public Works. 4. Detailed plans for the treatment within the cul-de-sac shall be submitted to the Planning Department for review and approval action prior to issuance of building permits. 5. Plans for all the private patio walls shall be submitted to the Planning Department for approval action. Such plans shall indicate the type of material and design of the walls. 6. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of a final map. This system shall be designed to provide for siltation and erosion control both during and after construction of the project. 7. If the developer proposes to provide air conditioning, the insulation in ceilings and exterior walls shall be a minimum of R-19 and R-11, respectively. If no air conditioning is to be provided, the insulation in ceilings and exterior walls shall be a minimum of R-13,and R-7-, respectively. 8. Natural gas and 220V electrical shall be stubbed in at the lo- cation of clothes dryers. 9. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 10. Low volume heads shall be used on all spigots and water faucets. 11. All holding tanks for restroom facilities shall be equipped for a capacity of 3.5 gallons if such facilities are available at the time of construction. 12. Crime prevention techniques should be applied to the design aspects of the project (e.g., single -cylinder locks, etc.). 1 Minutes: H.B. Planning Commission Tuesday, November 1, 1977. Page 11 13. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. 14. The structures on subject property, whether attached or detached, shall be constructed in compliance with the -State acoustical standards set forth for all units that lie within the 60 CNEL contours of the property. 15. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the project property. 16. All structures proposed for construction within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. 17. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review. 18.. Prior to the issuance of building permits within the subdivision, a landscape plan shall be submitted to the Planning Department for review and approval. AYES: Stern, Finley, Gibson, Slates, Shea, Newman, Hoffman NOES: None ABSENT: None INDUSTRIAL IMPROVEMENT OF THE GOTHARD CORRIDOR The Commission discussed present code violations,which number in the hundreds, in the Lusk and other industrial park areas. The Commission complimented Chuck Clark on his report. Mark Travis, Deputy City Attorney, stated that enforcement of the ordinance code is somewhat dictated by the philosophy of the City Attorney's office. REQUEST FOR EXPANSION OF TOWNLOT SPECIFIC PLAN The Commission concurred with the staff's viewpoints on this matter and directed that a letter from the Commission be forwarded to the City Council recommending that the Townlot boundaries not be expanded at this time due to further coastal planning changes necessary. Commissioner Shea was excused at 9:40 p.m. TENTATIVE TRACT 7771: WALL DESIGN ON MOTION BY SLATES AND SECOND BY NEWMAN WALL DESIGN FOR TENTATIVE TRACT NO. 7771 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Slates, Newman, Hoffman NOES: None ABSENT: Shea -11- 11/1/77 - PC Minutes: H. B. Planning Commission Tuesday, November 1, 1977 Page 12 SPECIAL SIGN PERMIT APPLICATION Commissioner Stern suggested that provisions should be made on the front of the form for advising applicant that additional legal description could be attached to the form. GENERAL PLAN REVISIONS Assistant Planning Director Florian requested of the Commission that areas of concern in the revised General Plan be identified before General Plan Amendment 77-3 is set for public hearing. COMMISSIONERS' COMMENTS: , Commissioner Finley stated that she would like for a tour to be arranged to include viewing of planned developments in the City as well as industrial development, and to see what is happening in the Townlot area. Chairman Slates requested Secretary Selich to arrange this tour on a Saturday. Chairman Slates stated that after the.tour a study session should be held to discuss improvement of the Gothard Industrial Corridor. STAFF'S COMMENTS: Secretary Selich discussed the proposed agenda for the joint City Council/Planning Commission meeting on November 7, 1977. ADJOURNMENT: The meeting adjourned to a joint meeting with the City Council on November 7, 1977 at 6:30 p.m. in Room B-8 of the Civic Center. Edward D. Selich Roger D. S Secretary Chairman ates -12- 11/1/77 - PC