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HomeMy WebLinkAbout1978-05-02Approved 5/16/78 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TUESDAY, MAY 2, 1978 - 7 P.M. COMMISSIONERS PRESENT: Higgins, Russell, Stern, Finley COMMISSIONERS ABSENT: Shea, Newman, Hoffman NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CONSENT CALENDAR: Minutes of March 21. 1978 CGP 78-6 A through E - Find in conformance with the General Plan Storm Drain Projects. CGP 78-7 - Find in conformance with the General Plan installation of a water line. Conditional Use Permit 77-10 - Approve request for one year extension of time. Conditional Use Permit 77-9 - Approve request for extension of time. Zone Change No. 77-29/Negative Declaration No. 77-126 - Approve request for continuance. CGP 78-8 - Find in conformance with the General Plan acquisition of 8 tax sale lots. Commissioner Stern requested that Conditional Use Permit No. 77-10 be removed from the Consent Calendar 'for further discussion. He also requested that the Minutes be removed from the Consent Calendar. ON MOTION.BY STERN AND SECOND BY RUSSELL CGP 78-6 A THROUGH E, CGP 78-7, CONDITIONAL USE PERMIT 77-9, ZONE CHANGE 77-29/NEGATIVE DECLARATION NO. 77-126, AND CGP 78-8 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman The Deputy City Attorney stated that since Commissioner Russell had attended the March 21, 1978, Planning Commission meeting he would be eligible to vote on the minutes. ON MOTION BY STERN AND SECOND BY RUSSELL THE MINUTES OF MARCH 21, 1978, WERE APPROVED BY THE FOLLOWING VOTE: AYES: Russell, Stern, Finley NOES: None ABSTAIN: Higgins ABSENT: Shea, Newman, Hoffman Minutes: H.B. Planning Commission Tuesday, May 2, 1978 Page 2 Commissioner Stern stated that he would like to place an additional condition on Conditional Use Permit No. 77-10 which would provide the City with additional information regarding adjacent residential tract as it affects this particular development. ON MOTION BY STERN AND SECOND BY RUSSELL AN EXTENSION OF ONE YEAR'S TIME WAS GRANTED ON CONDITIONAL USE PERMIT 77-10 BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman REGULAR ITEMS: CONDITIONAL USE PERMIT 78-5/NEGATIVE DECLARATION 78-19 Applicant: Active Concepts, Inc. This is a request to establish a teenage membership disco. The subject use is proposed to utilize approximately 3300 sq. ft. of a shopping center that is presently under construction. This space was originally designated on the approved plan as office -professional space. The property is located on the northwest corner of Warner and Magnolia. Savoy Bellavia addressed the Commission and advised it of additional memos which had been received by the Planning Department from the Police Department and the applicant. Copies of these memos were passed out to the Planning Commission. Chairman Finley opened the public hearing. Michael Obran, attorney for the applicant, addressed the Commission and discussed the plans for the operation of the discotheque, stating that there was a need for this type of activity in the community. Sandy Crock, age 16, addressed the Commission stating that there was a need for this type of recreation in the City. Breck Warren, age 18, spoke in favor of the use. An audio recording engineer addressed the Commission and discussed the technical aspects of the sound equipment and sound attenuation techniques being imposed. A consultant engineer retained by Mr. Williams discussed the traffic analysis. Chuck Johnson, a tenant in the shopping center in an insurance office, stated that he did not feel there would be any problems generated from this type of use insofar as its effect on other tenants was concerned. Mr. Williams again addressed the Commission and spoke in favor of the use. -2- 5/2/78 - PC Minutes: H.B. Planning Commission Tuesday, May 2, 1978 Page 3 Commissioner Stern stated that he would like to see such an activity take place at this location. He stated also that he liked the idea of allowing the use for one year to determine its effect. Commissioner Russell stated that he recognized this use as a departure from anything like it in the City. He felt that certain conditions should be imposed. He expressed concern about proper security and hours of operation. Commissioner Higgins expressed concern about the parking across, the street and dangers involved in crossing that street. He also stated that he would like to hear from the two restaurants who will be in the area, and further requested that the staff obtain comments from residents in a similar area where this type of facility is pro- vided. The public hearing was closed. Chairman Finley stated that if the Commission chose to approve this use the staff would have to provide conditions of approval appropriate for such a use. ON MOTION BY STERN AND SECOND BY HIGGINS CONDITIONAL USE PERMIT 78-5 AND NEGATIVE DECLARATION 78-19 WERE CONTINUED TO MAY 16, 1978, TO ALLOW TIME FOR STAFF TO PREPARE FURTHER INFORMATION -AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman CONDITIONAL EXCEPTION NO. 78-04 Applicant: Warren G. and Leann Michaelis This is a request for a -reduction in the required minimum lot area for two units for a site in the Townlot Specific Plan Area One - Section A. The subject site contains 5,287.5 square feet which is 87.5 square feet short of the required 5,375 square feet needed for the construction of two units located 385 ft. north of Pecan, on the east side of Thirteenth Street. Savoy Bellavia gave a brief presentation on this application. Chairman Finley opened the public hearing. Warren Michaelis addressed the Commission and stated that he would be willing to answer any questions the Commission might have. Pat McCutcheon, property owner in the area, addressed the Commission and stated that she would have no objection to a two story building provided there would be no windows on the side adjacent to her property. Gordon Hatch addressed the Commission and inquired if approval of this conditional exception would set a precedent for future development. Deputy City Attorney Travis stated that it would not. -3- 5/2/78 - PC Minutes: H.B. Planning Commission Tuesday, May 2, 1978 Page 4 The public hearing was closed. Commissioner Higgins stated that he would be in favor of approval since he felt it meant the intent of the ordinance. Cdt=ission discussion then ensued on the preparation of an amendment to the Ordinance which would provide the staff the flexibility to approve a project such as this one without utilizing the conditional exception process. Mr. Michaelis agreed to a continuance to allow staff time to prepare an amendment to the ordinance. ON MOTION BY STERN AND SECOND BY RUSSELL CONDITIONAL EXCEPTION 78-04 WAS CONTINUED TO ALLOW STAFF TIME TO PREPARE AN AMENDMENT TO THE ORDINANCE BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman REVISED SIGN REQUEST FOR CARROW'S/JEREMIAH'S RESTAURANTS SPECIAL SIGN PERMIT 78-4 This is a revised request for a 10 ft., 46 sq. ft. monument sign and 7 ft., 38 sq. ft. monument -sign to be located in the commercial complex on the northwest corner of Magnolia and Warner. Savoy Bellavia addressed the Commission and discussed the history of the signing, going back to the original request. The public hearing was opened. Ron Clausen addressed the Commission the revised sign request. The public hearing was closed. Commissioner Stern stated that he would vote no on approval of this sign based on previous Council action on similar requests. Chairman Finley stated that she felt very strongly that it is important to have good signage and that she saw no problem with the proposed signs. Commissioner Russell stated that he would not approve the sign, and stated further that to approve another non -conforming sign would not be in keeping with the ordinance. A MOTION WAS MADE BY STERN TO DENY SPECIAL SIGN PERMIT 78-4 WHICH WAS SECONDED BY RUSSELL. VOTE: AYES: Russell, Stern NOES: Higgins, Finley ABSENT: Shea, Newman, Hoffman Special Sign Permit 78-4 was automatically continued to May 16, 1978. -4- 5/2/78 - PC Minutes: H.B. Planning Commission Tuesday, May 2, 1978 Page 5 PRELIMINARY PLAN FOR DOWNTOWN REDEVELOPMENT ON MOTION BY STERN AND SECOND BY HIGGINS PRELIMINARY PLAN FOR DOWNTOWN REDEVELOPMENT WAS CONTINUED INDEFINITELY BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman CODE AMENDMENT NO. 78-3 "BUS BENCHES" Bill Derrick addressed the Commission and spoke briefly about the amendment. The public hearing was opened. There was no one present to address the Commission, therefore the public hearing was closed. Commissioner Higgins spoke in opposition to bus benches which con- tained advertising. Commissioner Stern concurred with Commissioner Higgins. Chairman Finley spoke in favor of the amendment,,stating that through this program the City would be able to have bus benches which it cannot afford at this time. She further stated that she felt that color restraints could be mandated as well as other restrictions which would make them more aesthetically acceptable. Commissioner Higgins discussed the possibility of limiting signs to where senior -citizens are and also commercial areas. Commissioner Stern stated that he felt there was enough blight from signage on Beach, Pacific Coast Highway, and Adams without the additional of bus benches. A MOTION WAS MADE BY STERN TO DENY CODE AMENDMENT NO. 78-3. THE MOTION FAILED FOR LACK OF A SECOND. There was a discussion among the Commission regarding how this would affect provisions for transit shelters. Deputy City Attorney Mark Travis indicated that the wording of the amendment could be altered to allow a separate franchise agreement for transit shelters as well as bus benches. A MOTION WAS MADE BY HIGGINS AND SECONDED BY RUSSELL TO APPROVE CODE AMENDMENT 78-3. VOTE: AYES: NOES: ABSENT: Higgins, Russell, Finley Stern Shea, Newman, Hoffman -5- 5/2/78 - PC Minutes: H.B. Planning Commission Tuesday, May 2, 1978 Page 6 The staff was directed to revise the amendment to accommodate transit shelters. CObE AMENDMENT-78-4 - "COMMERCIAL USES WITHIN INDUSTRIAL DISTRICTS" Dave Eadie updated the Commission on the background of this code amendment. He reiterated the purpose of the proposed legislation and elaborated on the major aspects of the code amendment. Chairman Finley opened the public hearing. Bill Burke addressed the Commission and spoke in favor of the code amendment. Chris Toland also spoke in favor of the amendment. Gordon Hatch requested the staff to compare Huntington Beach's 500 acres of excess commercial land already zoned with neighboring cities' commercial land. Commissioner Stern felt direction should be obtained from the City Council as to what arew should be strictly industrial, light industrial, or mixed use. Commissioner Higgins spoke in favor of mixed uses in appropriate locations. He felt that information should be obtained on -other cities which have utilized the mixed use concept. Chairman Finley stated that she would like to see this amendment continued until the new Planning Commission is appointed and more information could be provided by the staff. A MOTION WAS MADE BY HIGGINS TO CONTINUE CODE AMENDMENT 78-4 TO ALLOW STAFF TIME TO PRODUCE MORE INFORMATION FROM SOME EXISTING USERS IN INDUSTRIAL AREA. THE MOTION FAILED FOR LACK OF A SECOND. ON MOTION BY STERN AND SECOND BY RUSSELL CODE AMENDMENT 78-4 WAS DENIED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman PRECISE PLAN OF STREET ALIGNMENT NO. 77-8 This is a proposal by the City of Huntington Beach to precisely align Adams Avenue between Lake Street and Alabama Street, and Springfield Avenue between Lake Street and Alabama Street. Bill Derrick addressed the Commission and briefly discussed this precise plan of street alignment. -6- 5/2/78 - PC Minutes: H.B. Planning Commission Tuesday, May 2, 1978 Page 7 Chairman Finley opened the public hearing. Mark Porter addressed the Commission and stated that approval of this precise plan of street alignment would be granting a special privilege by reducing the right-of-way. The Commission asked Mike Zambory, Public Works, and Captain Mel Ott, Fire Department, what their determination had been. Mike Zambory stated that the reduced width would still provide for sufficient traffic movement. Captain Ott stated that the Fire Department would have no objection to the narrowing of Adams. Commission discussion ensued. ON MOTION BY STERN AND SECOND BY HIGGINS RESOLUTION 1217, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, RECOMMENDING APPROVAL OF PRECISE PLAN OF STREET ALIGNMENT NO. 77-8 TO PRECISELY ALIGN ADAMS AVENUE BETWEEN LAKE STREET AND ALABAMA STREET AND SPRINGFIELD AVENUE BETWEEN LAKE STREET AND ALABAMA STREET, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman ON MOTION BY STERN AND SECOND BY HIGGINS PRECISE PLAN OF STREET ALIGN- MENT NO. 77-8 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman TENTATIVE TRACT 9843/NEGATIVE DECLARATION NO. 78-5 Subdivider: M.E.B. Investments. This is a request for a 9 lot industrial subdivision located on the south side of Hamilton, approximately 820 feet east of Newland Street. Dave Eadie presented an update to the information contained in the staff report. Tallas Margrave, President of C.E.L.S Corporation, stated that he had read through the conditions suggested by the staff and had no objections to them. Commission discussion ensued. ON MOTION BY STERN AND SECOND BY HIGGINS NEGATIVE DECLARATION NO.78-5 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman -7- 5/2/78 - PC Minutes: H.B. Planning Commission Tuesday, May 2, 1978 Page 8 ON MOTION BY STERN AND SECOND BY HIGGINS TENTATIVE TRACT NO. 9843 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: FINDINGS: 1. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for development of industrial land. 2. The property was previously studied for this intensity of land use at the time the zoning was applied to the subject property. 3. The lot size, depth, frontage, street widths, and all other design and improvements 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 State Map Acts and supplementary City Subdivision Ordinances. CONDITIONS OF APPROVAL: 1. The Tentative Map received and dated April 14, 1978 shall be the approved layout. 2. The sewer, water, and fire hydrant system shall be subject to City standards. 3. Drainage for the proposed subdivision shall be approved by the De- partment of Public Works prior to the 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. 4. Vehicular access rights along Hamilton Avenue shall be dedicated to the City of Huntington Beach except for the "A" Street opening and a ten foot wide access easement at the easterly property line. 5. The southerly property boundary of the subdivision shall be fencea to Orange County Flood Control District standards. 6. A cash bond of $500 shall be deposited with the City to defray costs of removing the easterly property line curb and gutter at such time as the oil operation on lot 9 terminates.. 7. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 8. Low volume heads shall be used on all spigots and water faucets. 9. 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. -8- 5/2/78 - PC Minutes: H.B. Planning Commission Tuesday, May 2, 1978 Page 9 10. A chemical analysis as well as tests for physical propertios of the soil on the subject property shall be submitted to the City for review prior to the issuance of building permits. 11. If outside lighting is included on -site, high pressure sodium vapor lamps shall•be used to prevent "spillage" onto adjacent areas and for energy savings. 12. If foil -type insulation is to be used, a fire retardent type shall be installed as approved by the Building Department. 13. The existing pipelines located across the site shall be removed. 14. The existing culvert in the flood control channel shall be capped or removed to the satisfaction of the Orange County Flood Control District. 15. The Hamilton Avenue sewer on the project shall be extended from the east property line to Newland Street. 16. A six (6) foot high by six (6) inch thick decorative masonry wali shall be constructed along the west property line with a proper return at the west and north property lines. The design of sucl: wail shall be subject to approval by the Planning Department. Said wall shall be installed prior to occupancy of the first industrial building constructed on the west side of "A" Street. 17. The secondary access road on the east side of "A" Strcet shall be improved as follows: a. A driveway at the access road's intersecLi.on of Hamilton Avenue shall be constructed to City standards. b. An opaque entrance gate shall be constructed not less th;.n 60 feet south of Hamilton Avenue. 18. Vehicular access rights to the access easement shall be pro- hibited, except for its use by the oil operator. 19. A six foot high by six inch wide masonry wall shall be constructed along the east property line. 20. The easement on the easterly portion of the subdivision shall be reconveyed to adjacent property owners by quit claim deed at such time as the oil operation terminates on Lot 9. AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman -9- 5/2/78 - PC Minutes: H.B. Planning Commission Tuesday, May 1978 Page 10 TENTATIVE TRACT 9757/NEGATIVE DECLARATION 78-31 Subdivider: Robert Stellrecht This is a request for a 16 lot subdivision of 3.0+ acres located on the west side of Graham Street 660 feet north of Warner Avenue. Dave Eadie addressed the Commission and discussed the pertinent issues of this application. He discussed a suggested change in Condition 11- of a letter from the Environmental Council concerning the possible archaeological significance of the periphery or non -filled portion of the site. David Dahl addressed the Commission on Condition 11 stating that he felt it should be restructured to include -only off -site excavations. Ed Zsoche addressed the Commission and stated that he felt it might be a hazard to put houses so near the airport. Commission discussion ensued. ON MOTION BY STERN AND SECOND BY RUSSELL NEGATIVE DECLARATION 78-31 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman ON MOTION BY STERN AND SECOND BY RUSSELL TENTATIVE TRACT 9757 WAS APPROVED WITH THE FOLLOWING FINDINGS AND'CONDITIONS BY THE FOLLOWING VOTE: FINDINGS: 1. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for development of residentiaL property. 2. The lot size, depth, frontage, street widths and all other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifi- cations on file with -the City as well as in compliance with the State Map Act and supplementary City Subdivision Ordinance. 3. The proposed subdivision of this 3.03 acre parcel of land zoned R-1 (which allows 6.5 units per gross acre) is proposed to be constructed having 5.34 units per gross acre. 4. The property was previously studied for this intensity of land use at the time the land use designation for low density residential was placed on said property. -10- 5/2/78 - PC Minutes: H.B-. Planning Commission Tuesday, May V 1978 Page 11 CONDITIONS OF APPROVAL: 1. The tentative map received and dated April 18, 1978,- shall be the approved layout. 2. The developer shall participate in the Orange County Sanitation District Annexation Fee. 3. A physical and chemical analysis and soils report prepared by a qualified soils engineer registered by the State, based upon adequate field investiaation, shall be submitted to the Director of Building and Community Development. If the preliminary soils and chemical analysis report indicates presence of critical expansive soils and other soil problems which if not corrected could lead to structural defects or significant damage to improve- ments, the developer shall be required to submit an analysis for each lot within this subdivision. Whenever any such analysis indicates such problems, the Director of Public Works and the Director of the Department of Building and Community Development shall recommend corrective action which is likely to prevent structural damage to each structure proposed to be constructed. 4. The design engineering of "A" Street shall be subject to the approval of the Director of Public Works. 5. Drainage for the development shall be subject to approval by the Director of Public Works prior to the 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. 6. A 35-year hydraulic study with hydraulic calculations shall be sub- mitted to the Department of Public Works prior to the recordation of a final map. 7. The developer shall construct a sewer main in Graham Street from Warner Avenue to the northerly boundary of the subdivision. 8. The developer shall construct.masonry walls along the perimeter property lines of the proposed project (north, west, and south property lines) which shall be subject to approval by the Planning Director. 9. A decorative masonry wall shall be constructed to City specifica- tions along Graham Street. Such wall shall be 6 inches wide and a minimum of 6 feet high. The height of said wall shall be measured from whichever side is higher at finished grade. The architectural design of said wall shall be subject to approval by the Planning Director. The structural design of the wall shall be subject to approval by the Director of Public Works if said wall is located within the ultimate right-of-way. -11- 5/2/78 - PC Minutes: Tuesday, Page 12 A landscape planter shall be provided along Graham Street. Such a planter shall conform to the plans and specifications on file in the Department of Public Works. It shall be developer's respon- sibility to landscape such planter and provide irrigation facilities in conformance with specifications on file in the Depart- ment of Public Works. 10. 11. 12. H.B. Planning Commission May 2, 1978 A qualified archaeologist shall be engaged to observe the initial excavation of offsite work adjacent to Graham Street. Natural gas and 220V electrical shall be stubbed in at the location of the clothes dryers. 13. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 14. Low volume heads shall be used on all spigots and water faucets. 15. 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. 16. The structures on the 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. AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman DISCUSSION ITEMS: RESOLUTION OF INTENTION 1215 - To revoke Portion 3 of Precise Plan of Street Alignment 70-4 (Atlanta Avenue) ON MOTION BY HIGGINS AND SECOND BY STERN RESOLUTION OF INTENTION 1215 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea,*Newman, Hoffman ORAL COMMUNICATIONS: None PLANNING DEPARTMENT ITEMS: Secretary Selich stated that an interim Subdivision Committee should be appointed for the May 12th meeting. Commissioner Russell and Commissioner Stern volunteered to serve on this Committee along.with Chairman Finley. 01 -12- 5/2/78 - PC Minutes: H.B. Planning Commission Tuesday, May Ji 1978 Page 13 COMMISSIONER ITEMS: Commissioner Russell requested that staff check to see if A-Z Wrecking Yard is complying -with conditions. Secretary Selich stated that it was being taken care of. Chairman Finley requested information regarding access to Lambert Park. OFFSITE CONSTRUCTION SPOILS CLEAN UP - Submitted by Commissioner Stern Commissioner Stern asked that the City Administrator look at methods which would insure implementation measures to alleviate the problem of construction spoils clean up. ON MOTION BY STERN AND SECOND BY RUSSELL THE CITY COUNCIL WAS REQUESTED TO DIRECT THE CITY ADMINISTRATOR TO DEVELOP APPROPRIATE MEASURES TO INCREASE REMOVAL OF CONSTRUCTION SPOILS. VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea,Newman, Hoffman ADJOURNMENT: The meeting adjourned at 11:05 p.m. rh Ewrd aD. elich Ruth Finley Secretary Chairman -13- 5/2/78 - PC