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HomeMy WebLinkAbout1978-10-03APPROVED 10/17/78 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center Huntington Beach, California TUESDAY, OCTOBER 3, 1978 - 7 P.M. COMMISSIONERS PRESENT: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone COMMISSIONERS ABSENT: None NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CONSENT CALENDAR: ON MOTION BY STERN AND SECOND BY RUSSELL THE FOLLOWING CONSENT CALENDAR ITEMS WERE APPROVED BY THE FOLLOWING VOTE: MINUTES OF SEPTEMBER 19, 1978 CONFORMANCE WITH GENERAL PLAN 78-19 - FIND IN CONFORMANCE WITH THE GENERAL PLAN ACQUISITION OF 11 TAX DELINQUENT LOTS NORTH OF ELLIS AVENUE FOR PARK PURPOSES. AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ORAL COMMUNICATIONS: None CONDITIONAL USE PERMIT NO. 78-26 Applicant: Josef Bischof This is a request for a special event, Oktoberfest to be held at the Old World Complex located at 7561 Center Drive, Huntington Beach, California. Dave Eadie addressed the Commission and gave a brief discussion of the application which was previously approved on Administrative Review No. 78-84 for a 21 day period. He stated that the code required that a Conditional Use Permit be filed for the duration of the festival which would end November 10, 1978. He stated that although traffic had increased there had not been reports objecting to noise emcnating frcm the site. Acting Secretary Palin stated that 265 notices had been distributed to residents of adjacent apartment building announcing the hearing, and that no complaints had been received, with the exception of one letter. Minutes: H.B. Planning Commission Tuesday, October 3, 1978 Page 2 Dave Eadie stated that no complaints had been received by the Police Department on the operation since its opening on September 25, 1978. The public hearing was opened. There was no one present to speak on this application, and the Chairman closed the public hearing. Commission discussion ensued. ON MOTION BY HIGGINS AND SECOND BY COHEN CONDITIONAL USE PERMIT NO. 78-26 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: 1. The site plan received August 29, 1978 shall be the approved layout in concept. However, tent placement is conceptual only and fire coda -regulations will supersede conceptual plan. 2. All fire protection equipment shall be kept clear and accessible for Fire Department equipment and operations. 3. The access drives shall be kept clear at all times. No parking will be allowed within any of the drive widths leading to the fire protection equipment or fire access roadway. 4. A Security Guard shall be on duty at the applicant's expense during hours of business to insure that vehicles are parked only in designated parking stalls. 5. Fire Department equipment is required for the tent facility. 6. The applicant shall obtain all necessary electrical permits. 7. An onsite inspection by the Fire Department shall be required prior to the event. 8. A certificate of insurance form shall be filed in the License Division of the Finance Department ten (10) days prior to the event. 9. Temporary traffic control devices such as stop siyns, flashers, cross walks, etc., shall be installed in accordance with the requirements of the City Engineer at the applicant's expense. A cash bond of $2,000 shall be posted to insure installation of these devices prior to the event. 10. The Conditional Use Permit shall be valid for the duration of the event as stated in the Conditional Use Permit petition. AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None -2- 10/3/78 - PC Minutes: H.B. Planning Commission Tuesday, October 3, 1978 - 7 P.M. Page 3 ZONE CHANGE NO. 78-10/CONDITIONAL USE PERMIT NO. 78-17/ TENTATIVE TRACT NO. 10462/NEGATIVE DECLARATION NO. 78-13 Applicant: Bell and Wilson Building and Development Zone Change No. 78-10 is a request for a change of zone from C2 to R1 on 1.62 acres. Conditional Use Permit No. 78-17 is a request for redesign of parking facilities, construction of classroom facilities, and future construction located on the east side of Magnolia Street approximately 70 feet north of Mediterranean. Tentative Tract 10462 is a request for an 8 lot subdivision on 4.2 acres. Dave Eadie addressed the Commission and stated that Mr. Wilson had submitted a letter of agreement with adjacent property owners which was on file. Chairman Finley stated that she would recommend that the applications be continued to allow the -staff time to give further study to them. Chairman Finley opened the public hearing. Jim Wilson stated that he was agreeable to a continuance. ON MOTION BY HIGGINS AND SECOND BY COHEN THE PUBLIC HEARING ON ZONE CHANGE NO. 78-10, CONDITIONAL USE PERMIT NO. 78-17, TENTATIVE TRACT NO. 10462 AND NEGATIVE DECLARATION NO. 78-13 WERE CONTINUED TO OCTOBER 17, 1978 BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None CONDITIONAL USE PERMIT NO. 78-18/NEGATIVE DECLARATION NO. 78-90 Applicant: Donald Peart for The Church of Jesus Christ of Latter-Dav Saints This is a request for construction of a 25,300 square foot church to be located on the south side of Atlanta Avenue between Newland and Magnolia Streets. Savoy Bellavia addressed the Commission and stated that he had no information to add to that contained in the staff report. The public hearing was opened. Donald Peart, architect, addressed the Commission and responded to various questions of the Commission. There followed a discussion on the fencing materials to be used and the height of the fence, and whether dual fencing would be necessary. -3- 10/3/78 - PC Minutes: H.B. Planning Commission Tuesday, October 3, 1978 Page 4 Chairman Finley stated that she felt that this application should be continued to allow time for staff and the architect to reword the conditions of approval suggested by the Commission. ON MOTION BY RUSSELL AND SECOND BY BAZIL NEGATIVE DECLARATION NO. 76-90 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None Commissioner Stern stated that he would prefer a slumpstone fence. Further discussion ensued on the fencing. A MOTION WAS MADE BY RUSSELL AND SECONDED BY HIGGINS TO APPROVE CONDITIONAL USE PER14IT 78-18 WITH THE CONDITION THAT REVISED CONDITIONS OF APPROVAL BE BROUGHT BEFORE THE COMMISSION AT ITS OCTOBER LOTH MEETING. THE MOTION WAS AMENDED TO CONTINUE CONDITIONAL USE PERMIT NO. 78-18 TO THE OCTOBER 10TH MEETING. VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None Commissioner Paone was excused from the meeting at 8:30 p.m. TENTATIVE TRACT 10485/CONDITIONAL EXCEPTION NO. 78-10/ NEGATIVE DECLARATION 78-78 Applicant: Mahmoud Kaviani Tentative Tract 10485 is a request for a 6 lot subdivision on 1.64 acres of land. Conditional Exception No. 78-10 is a request to allow a 55 ft. exterior lot located on the south side of Cypress, west of Ash and to allow street dedication and improvements only for lot No. 1. The public hearing was opened. Savoy Bellavia addressed the Commission and briefly summarized the information contained in the staff report. Ron Winterburn, Valley Consultants, addressed the Commission and stated that when Mr. Kaviani bought the property he thought he would be able to develop as fourplexes. The public hearing was closed. Commission discussion ensued. -4- 10/3/78 - PC Minutes: H.B. Planning Commission Tuesday, October 3, 1978 Page 5 QN MOTION BY STERN AND SECOND BY BAZIL NEGATIVE DECLARATION 78-78 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil NOES: None ABSENT: Paone ON MOTION BY STERN AND SECOND BY BAZIL CONDITIONAL EXCEPTION 78-10 WAS APPROVED WITH THE FOLLOWING FINDINGS BY THE FOLLOWING VOTE: 1. There are exceptional and extraordinary circumstances applicable to the property that do not apply generally to property in the same district. 2. Said conditional exception is necessary for the preservation and enjoyment of substantial property rights. 3. The granting of said conditional exception will not be materially detrimental to public health, safety and welfare of the surrounding neighborhood or the City. 4. The staff has reason to believe that the applicant will proceed with the proposed project without unnecessary delay. AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil NOES: None ABSENT: Paone Commission discussion ensued on the findingq and conditions of approval. ON MOTION BY STERN AND SECOND BY BAZIL TENTATIVE TRACT 10485 WAS CONTINUED TO OCTOBER 17, 1978 UNTIL FINDING CAN BE MADE TO FIND IT CONSISTENT WITH GENERAL AND SPECIFIC PLAN AND STILL ALLOW THE ELIMINATION OF ALL OFF SITE IMPROVEMENTS BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil NOES: None ABSENT: Paone Ron Winterburn concurred with the continuance. Chairman Finley called a five minute recess at 8:50 p.m. CONDITIONAL USE PERMIT NO. 78-20/CONDITIONAL EXCEPTION NO. 78-13 Applicant: Patricia J. Lockhart Conditional Exception No. 78-13 is a request to allow a five foot fence within a fifty foot front yard setback and a ten foot encroachment by a mobile home into the front yard setback. Conditional Use Permit No. 78-20 is a request to permit the continued operation of a temporary commercial horse stable. The property is located at 18662 Edwards Street. -5- 10/3/78 - PC Minutes: H.B. Planningg Commission Tuesday, October 3, 1978 Page 6 Tom Moseley stated that he had no information to add to that contained in the staff report. The public hearing was opened. Pat Lockhart, applicant, addressed the Commission and stated that she would answer any questions the Commission might wish to ask. Commission discussion ensued. The public hearing was closed. ON MOTION BY STERN AND SECOND BY BAZIL CONDITIONAL EXCEPTION NO. 78-13 WAS APPROVED WITH THE FOLLOWING FINDINGS BY THE FOLLOWING VOTE: 1. The granting of Conditional Exception No. 78-13 will not be materially detrimental to the public health, safety, and welfare or injurious to the conforming uses or improvements in the surrounding horse stables. 2. The requested exception will allow the continuation of a previously City approved stable and therefore insure the preservation and use of substantial property rights. 3. Because the subject facility is existing, exceptional circum- stances exist that do not generally apply to the property or class of uses in the same district. 4. There is reasonable assurance that the applicant intends to proceed with the proposed request without undue delay. AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil NOES: None ABSENT: Paone ON MOTION BY STERN AND SECOND BY RUSSELL CONDITIONAL USE PERMIT NO. 78-20 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed use is compatible with existing land use of the surrounding area. 2. The proposed use is consistent with and carries out the objectives of stated City policy relating to the encouragement of active private recreational uses within close proximity to Huntington Central Park. 3. The proposed use is substantially in conformance with the intent and objectives of Article 939, "Temporary Commercial Horse Standards." -6- 10/3/78 - PC Minute:=: H.B. Planning Comm Tuesda_, October 3, 1978 Page 7 CONDITIONS OF APPROVAL: 1. The site plan received by the Planning Department on September 29, 1978, shall be the approved layout. 2. The dimensions of the smaller of the two arenas on the southerly parcel of the two parcel subject site shall be increased to an eighty foot minimum dimension in the event that the northerly parcel is abandoned by the subject stable. 3. Dedication and improvement of right-of-way shall be required to comply with a related specific plan or precise plan of street alignment at such time as such plans are adopted. 4. Conditional Use Permit No. 78-20 will expire five years from date of approval. AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil NOES: None ABSENT: Paone ZONE CHANGE NO. 78-14/NEGATIVE DECLARATION 78-92 Applicant: Foxx Development Corporation Zone Change 78-14 is a request to change the zoning on the site located on the northern corner of the intersection of 17th Street and Olive Avenue from Townlot Specific Plan, Area One, Section 3, to C3, General Business District. Tom Moseley stated that he had no information to add to that contained in the staff report. The public hearing was opened. Allen Daum, representing Foxx Development, addressed the Commission and stated that the proposed development would provide needed neighborhood commercial services and that the existing office building would be upgraded. He further stated that the environment would be enhanced by this project. Commissioner Bazil discussed the problem of driving in and backing out of 17th Street. Commissioner Russell spoke in favor of the proposed project but in opposition to parking configuration. Commissioner Higgins felt the property was too small for this type of commercial center unless there could be some consolidation of property to accommodate parking. Commissioner Bazil stated that he would prefer a larger area but if it were to be approved it should have a "Q" designation. -7- 10/3/78 - PC Minutes: H.B. Planning Commission Tuesday, October 3, 1978 Page 8 Acting Secretary Palin stated that there were other areas in the City more suitable for this type of project. Commissioner Stern spoke in favor of scattered commercial throughout the area. He stated that such a neighborhood development offered a convenience to the residents in the area who would not need to use their cars to go out of the area. The public hearing was closed. ON MOTION BY STERN AND SECOND BY RUSSELL NEGATIVE DECLARATION NO. 78-92 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil NOES: None ABSENT: Paone Commission discussion ensued on conditions which should be imposed as well as findings. ON MOTION BY STERN AND SECOND BY RUSSELL ZONE CHANGE NO. 78-14 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: FINDINGS: 1. The property is,located on a primary arterial street. 2. The property has alley access. 3. The property is located on a corner lot. 4. The development of this property will upgrade the area. CONDITIONS OF APPROVAL: 1. The zone change shall carry the "Q" designation. 2. Vehicular access shall be dedicated on 17th Street. 3. A Conditional Use Permit shall be filed with the Planning Department. AYES: Russell, Stern, Finley, Cohen, Bazil NOES: Higgins ABSENT: Paone ZONE CHANGE NO. 78-13 Applicant: Huntington Beach Company This is a request for a change of zone from C2-0-CD to C2-CD-SS on property located on the northeast corner of Yorktown and Goldenwest. -8- 10 /3/78 - PC Minutes: H.B. Planning Commission Tuesday, October 3, 1978 Page 9 Commissioner Higgins stated that he would have to abstain on this application. Savoy Bellavia addressed the Commission and briefly discussed the zone change request. The public hearing was opened. Ben Cole, representing the Huntington Beach Company, stated that he would be happy to answer any questions. The public hearing was closed. There was some discussion on the signing and Commissioner Stern stated that he would like to see a copy of the planned sign program for this development. ON MOTION BY BAZIL AND SECOND BY RUSSELL ZONE CHANGE 78-13 WAS APPROVED WITH THE FOLLOWING FINDINGS BY THE FOLLOWING VOTE: 1. The proposed zoning is consistent with the City's General Plan. 2. The proposed use is compatible with both existing and future surrounding land uses. 3. The subject site meets the criteria set forth by the Huntington Beach Ordinance Code for the location of service stations. AYES: Russell, Stern, Finley, Cohen, Bazil NOES: None ABSTAIN: Higgins ABSENT: Paone ON MOTION BY BAZIL AND SECOND BY RUSSELL STAFF WAS DIRECTED TO REFER THE SITE PLAN ON THIS PROPERTY TO THE PLANNING COMMISSION BY THE FOLLOWING VOTE: AYES: Russell, Stern, Finley, Cohen, Bazil NOES: None ABSTAIN: Higgins ABSENT: Paone TENTATIVE TRACT 9757 Subdivider: Robert Stellrecht This property is located on the west side of Graham Street, 660 ft. north of Warner Avenue. The Tentative Tract Map 9757 was approved on May 5, 1978. -9- 10/3/78 - PC Minutes: H.B. Planning Commission Tuesday, October 3, 1978 Page 10 Acting Secretary Palin stated that this tract was before the Commission for its review of revisions made in the preliminary grading. He further stated that the staff was recommending that Condition No. 6 be deleted. It is as follows: "A 35-year hydrology study with hydraulic calculations shall be submitted to the Department of Public Works prior to repordation of a final map." He stated that Public Works has indicated that there is no need for this study. Commission discussion ensued. ON MOTION BY HIGGINS AND SECOND BY BAZIL THE COMMISSION APPROVED THE MODIFIED FINAL GRADING PLAN AND DELETED THE CONDITION THAT A 35-YEAR HYDROLOGY STUDY WITH HYDRAULIC CALCULATIONS SHALL BE SUBMITTED TO THE DEPARTMENT OF PUBLIC WORKS PRIOR TO RECORDATION OF A FINAL MAP BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil NOES: None ABSENT: Paone Chairman Finley turned the meeting over to Vice -Chairman Stern at 10:20. DISCUSSION ITEMS: Acting Secretary Palin stated that the City Council had requested that the Commission decide on a limited number of conferences it planned to attend. It was the consensus of the Commission that a list of conferences be prepared and submitted for its perusal. TENTATIVE TRACT 8636 Subdivider: Harbour Pacific Ltd. Acting Secretary Palin discussed the map on display. He stated that the developer had been working with the Planning Department on zero side yard setbacks for a portion of the lots in this tract. When the developer became aware that zero construction would materially affect the architectural design by eliminating eave overhangs he discussed an easement program whereby the structure would be located at standard interior side yard setbacks of 5 feet with a solid wall along one portion of the dwelling, with the 5 foot side yard being granted by easement for use by the abutting lot. He further stated that there are necessary restrictions on type of wall construction, location of sprinkler heads, and planting to be allowed within the easement area, and that if the Planning Commission concurred with the approach, the staff would ensure that all design elements are properly covered in compliance with standards previously set forth for zero side yard construction. -10- 10/3/78 - PC Minutes: H.B. Planning Commission Tuesday, October 3, 1978 Page 11 ON MOTION BY BAZIL AND SECOND BY COHEN THE STAFF WAS DIRECTED TO ENSURE THAT ALL DESIGN ELEMENTS ARE IN COMPLIANCE WITH,ZERO SIDE YARD CONSTRUCTION BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Cohen, Bazil NOES: None ABSENT: Finley, Paone ORAL COMMUNICATIONS: None PLANNING DEPARTMENT ITEMS: GENERAL PLAN AMENDMENT 78-2 - STUDY ON LOTS IN DOWNTOWN AREA Acting Secretary Palin stated that he would recommend to the Commission that the Downtown mixed development designation not be removed from the General Plan. He stated that a new zoning district should be implemented in the General Plan. It was the consensus of the Commission that the mixed development be retained. ADJOURNMENT: The meeting adjourned at 10:35 p.m. to a meeting on October 10, 1978. fames w. Patin Acting Secretary Ruth Finley Chairman -11- 10/3/78 - PC