HomeMy WebLinkAbout1978-12-12Approved Jan. 3, 1979
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
ADJOURNED MEETING
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
TUESDAY, DECEMBER 12, 1978 - 7:00 PM
COMP-4ISSIONERS PRESENT: Higgins, Russell, Stern, Cohen, Bazil, Papne
COMP'IISSIONERS ABSENT: Finley
NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING
DEPARTMENT OFFICE.
CONSENT CALENDAR:
ON MOTION BY BAZIL AND SECOND BY RUSSELL THE MINUTES OF NOVEMBER 28,
1978, WERE APPROVED AS AMENDED, BY THE FOLLOWING VOTE:
AYES: Higgins, Russell, Stern, Bazil, Paone
NOES: None
ABSENT: Finley
ABSTAIN: Cohen
ORAL COMMUNICATIONS:
None
SCHEDULED ITEMS:
ZONE CHANGE NO. 78-4
Applicant: A. J. Hall Corporation
To permit a change of zone from ROS-0 to R2-PD-O and a change of zone
from R2-PD-O and R2-0 to ROS-0 on approximately 1.488 and 1.669 acres,
respectively, located west of Goldenwest Street north of Palm Avenue.
AND
TENTATIVE PARCEL MAP NO. 78-37
Applicant: A.J. Hall Corporation
To permit the division of 300 acres of land into four (4) separate
parcels located west of Goldenwest Street north of Palm Avenue.
Minutes, H.B. Planning Commission
December 12, 1978
Page 2
AND
CONDITIONAL USE PERMIT NO. 77-23
Applicant: A. J. Hall Corporation
To permit construction of 533 single-family and townhouse residen-
tial units on 114 acres of land located west of Goldenwest Street
north of Palm Avenue.
AND
TENTATIVE TRACT NO. 10067
Applicant: A. J. Hall Corporation
To permit 190 lots (one lettered lot) - Product B, located west of
Goldenwest Street north of Palm Avenue.
AND
TENTATIVE TRACT NO. 10068
Applicant: A. J. Hall Corporation
To permit a one -lot subdivision (Product C) located west of Golden -
west Street north of Palm Avenue.
AND
TENTATIVE TRACT NO. 10069
Applicant: A. J. Hall Corporation
To permit a 147 lot subdivision, one lettered lot (Product A) located
west of Goldenwest Street north of Palm Avenue.
Commissioner Higgins again informed the Commission that he will
abstain from the Commission's consideration of these requests.
Acting Secretary Palin discussed the revised fiscal impact analysis
submitted by Mr. Arguello, Finance Director, and the information
from the Local Coastal Program staff in regard to the project.
Commissioner Cohen presented his analysis of the figures submitted
and said his extensive review indicates that the City will probably
suffer a net loss on the total project. Commissioner Bazil agreed,
but found no basis for denial, noting that the City will be fortunate
if housing can be provided at even close to a break even point.
Commissioner Stern discussed the effect of the project on the'Local
Coastal Program's coastal energy impact studies, questioning whether
removal of such a large area from consideration might not result in
loss of funding for the study. He also reviewed the possibility that
the site might be chosen for a future landfall for offshore oil
operations. Acting as Chairman Pro Tempore, Mr. Stern requested
public input on the fiscal analysis.
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Minutes, H.B. Planning Commission
December 12, 1978
Page 3
Bruce Greer addressed the Commission to question the validity of
the 1976 study on which the fiscal figures were based. He discussed -
the costs of improvements to feeder streets which may be necessitated
by the extension of 38th Street and the cost of signalization of the
intersectinens of 38th with Garfield and Pacific Coast Highway.
The public -.hearing on Zone Change'78-4 was reopened. No one was
present to speak in regard to the zoning, and the public hearinq
was left open during Commission discussion.
Acting Secretary Palin pointed out the areas on the map which are pro-
posed to be involved in the change of zone from ROS to R2-PD-O and
vice versa. He informed the Commission that the applicant has deleted
two units and shortened the cul-de-sac as he had agreed to do at the
prior meeting, but that any necessary alterations to the golf course
have not been delineated on the plan.
Commissioner Stern pointed out that the major area to be rezoned to
ROS was in reality one of the drainage basins for the project, which
was not really usable open space, and the result would be that the
zone change would in effect be merely,a transition to R2-PD-0 at the
expense of the ROS zoning and the golf course. Commissioner Paone
concurred that the proposal did constitute an encroachment on the -golf
course without a corresponding meaningful trade off for usable open -*-
space; however, it was -his -opinion that the deletion of the two units
could constitute a trade off for approximately 1.5 acres of the
originally requested 2.8 acres, reducing the zone change to approxi-
mately 1.5 acres. He suggested that a trade off be made for this
acreage by dedication by the developer of a corresponding amount of
future park land.
Dave Walden, project engineer, informed the Commission that some relo-
cation work will be necessary around the area of the drainage basin,
but that-no'tees or greens will have to be moved. The drainage area
will still .be -a part of the -golf course, and is in fact desirable ,in
the play of the green at that location. He also noted that it would-
be -underwater for only very short periods of time during and after
rains,.. The public hearing was closed.
A MOTION WAS MADE BY PAONE AND SECONDED BY COHEN THAT THE PLANNING
COMMISSZON,.RECOMMEND FOR APPROVAL ZONE CHANGE NO. 78-4 INSOFAR AS IT
REnUIRES-.A,BOUNDARY -CHANGE ADJUSTING 1.48 ACRES OF ROS-0 ZONING TO-_.
R2-PD-O.ZQNING BUT IN NO OTHER RESPECTS, AND UPON THE CONDITION
THAT DEDICATION.OF 1.488 ACRES OF ADDITIONAL PARK LAND BE MADE IN AN
AREA TO BE DESIGNATED BY THE COMMISSION.
Legal counsel -John Q'Connor reviewed the restrictions the code places
on.the City'.s ability to require park dedication. Commissioner
Bazil-said he would rather approve the zone case as submitted with the
deletion of Parcel 4 from consideration. Commissioner Paone noted•-
that:approval of a zone change is purely discretionary -in nature and
could be conditioned to effect what could be termed a transfer of
development rights.
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Minutes, H.B. Planning Commission
December 12, 1978
Page 4
John Stern requested that th- maker of the motion concur to adding
a recommendation to the City Council that the zone chanqe may be
rejudicial to preparation of the Local Coastal Program; maker of
he motion did not so concur.
MOTION FAILED BY THE FOLLOWING VOTE:
AYES: Cohen, Paone
NOES: Russell, Stern, Bazil
ABSENT: Finley
ABSTAIN: Higgins
A MOTION WAS MADE BY BAZIL TO RECOMMEND APPROVAL OF ZONE CHANGE NO.
78-4 AS SUBMITTED EXCEPT FOR THE DELETION OF PARCEL 4. MOTION
FAILED FOR LACK OF SECOND.
A MOTION WAS MADE BY PAONE AND SECONDED BY RUSSELL THAT ZONE CHANGE
NO. 78-4 BE RECOMMENDED FOR APPROVAL AS SUBMITTED. MOTION FAILED BY
THE FOLLOWING VOTE:
AYES: Paone, Russell, Bazil
NOES: Stern, Cohen
ABSENT: Finley
ABSTAIN: Higgins
Commissioner Bazil requested that the record show his preference for
the approval of the zoning with the deletion of Parcel 4 is for the
reason that such approval will assure that the gross acreage of the
golf course will remain the same under that treatment.
Alternative approaches were discussed.
ON MOTION BY PAONE AND SECOND BY BAZIL ZONE CHANGE NO. 78-4 WAS
RECOMMENDED FOR APPROVAL SUBJECT TO ONE OF THE TWO FOLLOWING COURSES
OF ACTION, WITH THE FOLLOWING FINDINGS BY THE FOLLOWING VOTE:
1) APPROVE ZONE CHANGE NO. 78--4 INSOFAR AS IT REQUESTS BOUNDARY
CHANGES OF 1.488 ACRES OF ROS ZONING TO R2-PD-0 ZO?ZING AND IN NO OTHER
RESPECTS, WITH T1IE CONDITION THAT A CORRESPONDING 1.488 ACRES OF LAND
BE DEDICATED BY THE HUNTINGTON BEACH COMPANY AND ALLOCATED TO PARK
ACREAGE IN AN AREA TO BE LATER DETERMINED; OR 2) APPROVE ZONE.CHANGE
NO. 78-4 AS REQUESTED, WITH THE CONDITION THAT PARCEL 4 (A CHANGE OF
ZONE FROM ROS TO R2-PD-O ON 0.362 ACRES OF LAND) BE DELETED FROM THE
REQUEST.
FINDINGS:
1. The planned residential development zoning exchange for ROS zoning
in some areas and the corresponding exchange from ROS to R2-PD-0
in other areas is consistent with the City's General Plan.
2. The proposed uses permitted by the R2-PD-O zoning will be compat-
ible with surrounding land uses.
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Minutes, H.B. Planning Commission
December 12, 1978
Page 5
AYES: Russell, Cohen, Bazil, Paone
NOES: Stern
ABSENT:, Finley
ABSTAIN: Higgins
The Commission polled its members for individual preference between
the two alternative courses of action on the zone change and the
reasons for that preference, as follows: Commissioner Paone: Alter-
nate 1. The open space allocated as a drainage basin is not really
usable open space, and this alternative will allow the acquisition of
additional park land. Commissioner Bazil: Alternative 2. Park dedi-
cation requirements are provided for in the ordinance code, and this
alternative will allow present acreage to be retained in the golf
course. Commissioner Cohen: Alternative 1. This alternative would
allow additional park dedication to be obtained, perhaps in the area of
the linear park. Commissioner Russell: Alternative'2. Commissioner
Russell wished the record to clearly state that his vote to approve
the zone change was a compromise to permit the request to go to the
City Council. Commissioner Stern: The majority of the ROS area as
submitted by the applicant is clearly unusable open space, and approval
of the zone change under the Coastal Act would be detrimental and
prejudicial to the preparation of the Local Coastal Planning effort.
The Commission discussed the treatment of arterials on the tentative
parcel map and the method of making sure that the future 38th Street
is -.dedicated and improved to Commission requirements.
The public hearing on Tentative Parcel Map No. 78-37 was opened.
Jeff Fellbach, Amigos,de,Bolsa Chica, addressed the Board to read -a
communication from that organization urging denial of the Seacliff IV
projects. Reasons cited for this stand were the drainage into the
Bolsa Chica, the.need for the alignment of 38th Street to be set prior
to�approval of the project, the unsuitability of Product C to its
location nearest the bluff-, and the adverse impact which the Amigos
de Bol.sa.Chica feels would result to the Local Coastal Plan should the
projects, be., approved.
There:bei.ng no. -.other persons to address the Commission, the public
hearing was closed.
Commissioner Stern made a motion; seconded by Commissioner Cohen,
that Tentative Parcel Map No. 78-37 be denied for failure to comply
with the Circulation Element of the General Plan in street designa-
tion, for failure to address the possibility of the site being used
as landfall for oil operations on the outer continental shelf, and
for its prejudicial and detrimental effect on the Local Coastal Plan.
Discussion followed. Commissioner Cohen suggested that consideration
of anv further applications for Seacliff IV be postponed until after
the Local Coastal Plan has been presented to the City. Counsel -
O'Connor informed the Commission that denial or continuance of a pro--
ject based on a possible future use would be speculative in nature
and would raise serious legal problems.
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Minutes, H.B. Planning Commission
December 12, 1978
Page 6
Commissioner Bazil presented figures .for vehicle miles traveled and
gasoline consumption saved when 38th Street is constructed, noting
that it should result in a savings of 90,000 gallons of gasoline and
$75,000 per year to the residents of Seacliff IV in the future.
After extensive review of the procedure and conditioning of the tenta-
tive parcel map application, Commissioner Stern withdrew his motion
for denial.
ON MOTION BY PAONE AND SECOND BY RUSSELL TENTATIVE PARCEL MAP NO.
78-37 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE
FOLLOWING VOTE:
FINDINGS:
1. The proposed tentative parcel map is consistent with the City's
General Plan, subject to final adoption of Zone Change 78-4. .
2. The proposed parcel map is 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 OF APPROVAL:
1. The tentative parcel map received by the Planning Department on
October 5, 1978,, shall be the approved layout, subject to conditio
of approval and adjustment to reflect boundary line changes result-
ing from the final adoption of Zone Change No. 78•-4.
2. A parcel map shall ►)e filed with and approved by the Department of
Public Works and recorded with the Orange County Recorder.
3.' Copies of the recorded parcel map shall be filed with the Planning
Department and with the Department of Public Works.
4. Water supply and sewage disposal shall be through the City. of
Huntington Beach at the time of development.
5. The boundaries of Parcels 1 and 3 shall be extended to include
the full rights -of -way of 38th Street and Palm Avenue. The boundary
of Parcel 2 shall be extended to include to total right-of-way
of Palm Avenue. .1 -
6. Approval of Tentative Parcel Map No. 78-37 shall be null and void
if Zone Change 78-4 does not become effective.
7. The City will precise plan 38th Street within a period of one year.
Said precise plan shall terminate at Pacific Coast Highway on the
south and Garfield Avenue and Edwards Street on the north.
Dedication of 38th Street to its full ultimate precise -planned
width shall be made by the developer from Pacific Coast Highway to
Garfield Avenue. Full street improvements shall be installed
within the blue border of the subject map, and improvement of at
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