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HomeMy WebLinkAbout1979-02-06Approved: February 21, 1979 MINUTES HUNTINGTON BEACH PLANNING COMMISSION REGULAR MEETING Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, FEBRUARY 6, 1979 - 7:00 PM COMMISSIONERS PRESENT: Higgins, Russell, Finley, Cohen, Bazil, Paone COMMISSIONERS ABSENT: Stern CONSENT ITEMS: Chairman Finley requested that consent items A-4 and A-5 be removed from the consent calendar to be considered separately. ON MOTION BY COHEN AND SECOND BY RUSSELL THE MINUTES OF THE MEET- INGS OF JANUARY 6, 16, AND 23, 1979, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Finley, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None CONDITIONAL USE PERMIT NO. 78-4 (Request for Extension of Time) Applicant: Wycliffe Gardens, Inc. Stephen Kohler addressed the Commission to inform them that with title to the Wycliffe Gardens site secure in the hands of the City the federal government has now issued a firm commitment for the FHA mortgage insurance. Actual funds for construction will not be authorized until after the insurance is issued, which should occur within a few days. Delays in acquisition of the property have made an extension of time on the'conditional use permit necessary. ON MOTION BY BAZIL AND SECOND BY RUSSELL A ONE-YEAR EXTENSION OF TIME WAS GRANTED FOR CONDITIONAL USE PERMIT NO. 78-4, BY THE FOL- LOWING VOTE: AYES: Higgins, Russell, Finley, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None Minutes, H.B. Planning Commission February 6, 1979 Page 2 ZONE CHANGE NO. 78-11 Initiated by the Planning Commission Savoy Bellavia explained the revised map and pointed out the area which will be added as a supplement to the originally proposed zone change. The Commission discussed the proposal. ON MOTION BY RUSSELL AND SECOND BY HIGGINS THE COMMISSION APPROVED ZONE CHANGE NO. 78-11 AS SUPPLEMENTED BY STAFF, BY THE FOLLOWING VOTE: AYES: Higgins, NOES: None ABSENT: Stern ABSTAIN: None Russell, Finley, Cohen, Bazil, Paone ORAL COMMUNICATIONS: Stephen Kohler presented the list of projects for the Block Grant funding as adopted on February 5, 1979 by and explained the process necessary before funds are expenditure, which should be by August, 1979. REGULAR AGENDA ITEMS: SPECIAL SIGN PERMIT NO. 78-10 (Cont. from 12-19-78) Applicant: QRS Corporation Fifth Year the City Council available for To permit a 75 square foot freestanding sign within an existing, -shop- ping center located on the south side of Warner Avenue approximately 350 feet west of Springdale Street in a C4 District. Savoy Bellavia informed the Commission that the applicant has submitted a revised sign proposal; he further noted that staff has taken no action to initiate changes to the sign code at this time. The public hearing on this project was continued from the December 19 meeting, and Chairman Finley opened the meeting for public comment. Bob Van Gerpen addressed the Commission in support of the revised sign proposal. The sign now shows one column instead of the original double column construction and carries a new Thriftimart symbol with no reader board. A picture was also presented to show the relationship of the sign to the shopping center and to point out the lack of visibility for the market. There being no other persons to address the Commission, the public hearing was closed. 7 -2- 2-6-79 - P.C. Minutes, H.B. Planning Commission February 6, 1979 Page 3 The Commission discussed the status of the existing signs within the shopping center, and Commissioner Higgins pointed out that the economic hardship for the supermarket is due to conditions within the center completely beyond its control which could not have been foreseen at the time of construction. Commissioner Paone objected to adding another non -conforming sign to those already existing on the site, saying that the City should be hand- ling the sign problems either through a revised ordinance or through enforcement of the existing sign ordinances. ON MOTION BY COHEN AND SECOND BY HIGGINS SPECIAL SIGN PERMIT NO. 78-10 WAS APPROVED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS: 1. Strict compliance with the sign ordinance will result in a substantial economic hardship. 2. There are exceptional and extraordinary circumstances that do not apply generally to the property or similar other uses within the center and/or the same district. These circumstances consist primarily of the fact that the subject property was originally located within one large shopping center which was later subdivided; this subdivision resulted in a distinct dis- advantage for the supermarket for which the sign is requested because of its inability to control the planting or other uses which have since blocked the store from view from the abutting arterial streets. 3. The granting of this request will not constitute granting of a special privilege. AYES: Higgins, Russell, Finley, Cohen, Bazil NOES: Paone ABSENT: Stern ABSTAIN: None ZONE CHANGE NO. 78-24 (Cont. from Dec. 19, 1978) Applicant: William L. Anderson To permit a change of zone on 5.85 acres from M1 to R2 on property located on the north side of Talbert Avenue approximately 680 feet east of Gothard Street. The continued public hearing was opened. William Anderson spoke in support of the requested change of zone, saying that the General Plan designation calls for the R2, Medium Density Residential designation. He noted that in his opinion the General Plan has resolved the issue of compatibility with surrounding uses by the land use designation it has placed on this property; however, he added that both he and the property owner would be willing to accept a "Q" or "PD" suffix on the rezoning. Mr. Anderson also alleged -3- 2-6-79 - P.C. Minutes, H.B. Planning Commission February 6, 1979 Page 4 that the industrial use immediately to the east of subject parcel con- stitutes a non -conforming, illegal use of land, operating without permits and in violation of City ordinances. There being no other persons to address the Commission on this matter, the public hearing was closed. John O'Connor addressed two issues raised by the proponent: 1) It is not imperative to place the R2 zoning on the parcel, as there are seven uses which would be allowdd under the General Plan; 2) Q or PD suffixes must be advertised prior to being placed on a property. Commissioner Russell discussed the request, stating that he felt the R2 would constitute an intrusion into the industrial zoning and would not provide a buffer as stated. He indicated his opposition to the rezoning and stated that he feels that Ml-A would be the best and most economically viable use of the land. A MOTION WAS MADE BY BAZIL AND SECONDED BY RUSSELL FOR DENIAL OF ZONE CHANGE NO. 78-24 BASED ON THE FINDINGS AS OUTLINED BY STAFF AND WITH AN ADDITIONAL FINDING THAT ANY CHANGE OF ZONING IN THE GENERAL AREA OF THIS REQUEST SHOULD ENCOMPASS MORE THAN THIS PARCEL AND INCLUDE A STUDY OF THE ENTIRE AREA. Commission discussion followed. Commissioner Higgins expressed a desire for an economic analysis of residential vs. industrial in the subject area, pointing out the need for better data upon which to base a recom- mendation on the zone change. Acting Secretary Palin informed the Com- mission that preparation of such data could not be accomplished by his limited staff sooner than thirty days from this date. It was the con- sensus of the Commission to require the study, and Commissioners Bazil and Russell withdrew their motion and second for denial. ON MOTION BY BAZIL AND SECOND BY RUSSELL ZONE CHANGE NO. 78-24 WAS CON- TINUED TO MARCH 6, 1979, FOR THE PURPOSE OF ALLOWING STAFF TIME TO COMPUTE A COST/REVENUE ANALYSIS'OF LAND USES AND TO PURSUE A STUDY OF THE GENERAL AREA FOR POSSIBLE ZONING CHANGES, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Finley, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None Staff was asked to have a report prepared to submit at the March 6 meeting. The public hearing was reopened and continued to March 6, 1979. CONDITIONAL USE PERMIT NO. 78-23/TENTATIVE TRACT NO. 10542 Applicant: The Robert P. Warmington Company To permit the construction of 80 condominium units within a two -lot subdivision located on the southeast corner of Monterey Street and Edinger Avenue. -4- 2-6-79 - P.C. Minutes, H.B. Planning Commission February 6, 1979 Page 5 Savoy Bellavia reported that the request substantially complies with code requirements. The relocation of the trash enclosures which the Subdivision Committee had requested was inadvertently omitted on the plans, but will be relocated to comply. The public hearing was opened. Kirk Evans was present to repre- sent the applicant and addressed the Commission in support of the project. He noted that the conditions of approval are acceptable except for the sewer requirement, which would add a cost of approximately $80,000 to the project, and inquired about City re- imbursement in the future. There being no other persons to speak in regard to the matter, the public hearing was closed. Ron Lacher of the Department of Public Works reviewed the normal City procedure, noting that a deficiency does exist in the area of the project, partly due to infiltration of seawater into the lines, and the City would want to correct that deficiency. How- ever, he stated that he could not make any definite commitment for reimbursement at this time. After extensive Commission dis- cussion, it was the consensus that the policy issue of reimburse- ment and the question of sizing of the lines should be left to the discretion of the City Council and the Department of Public Works. Commissioner Bazil pointed that the long curb run in the front of some units would make it possible for cars to park within the right-of-way and reduce the street width accordingly. Frank Kelly of the Fire Department noted that they require two 12-foot lanes free and clear for emergency equipment access, and parking should either be prohibited in that location or the street widened to accommodate it. The applicant agreed to recess portions of the curb to preclude parking of vehicles. ON MOTION BY RUSSELL AND SECOND BY BAZIL CONDITIONAL USE PERMIT NO. 78-23 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed subdivision of this 8.06 acre parcel of land, zoned R2, which will allow 15 units per gross acre, is proposed to be con- structed at 9.9 units per gross acre. 2. The proposed use of the property is consistent with the City's General Plan. 3. All design and improvements features are proposed in compliance with the City's ordinances and standards. CONDITIONS OF APPROVAL: 1. The site plan received and dated January 29, 1979, shall be the approved layout subject to conditions of approval. The elevations and floor plan dated August 29, 1978, shall be the approved flonM plans and elevations. -5- 2-6-79 - P.C. d Minutes, H.B. Planning Commission February 6, 1979 Page 6 2. A detailed site plan delineating the amenities to be provided by the developer shall be submitted to the Planning Department prior to the issuance of building permits. 3. The green area in front of the two corner buildings facing the main entry drive paralleling Monterey Street shall be recessed to a minimum depth of four (4) feet and with a configuration to assure that no space remains available for parallel parking to occur within the street section. A revised plan showing such treatment shall be sub- mitted to the Planning Department for approval. 4. The trash collection areas located along the east property line and the south property line shall be relocated across the private drives. 5. Natural gas and 220V electrical shall be stubbed in at locations of clothes dryers, cooking facilities, water heaters, and central heating units. 6. Low volume heads shall be used on all spigots and water faucets. 7. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable materials shall be disposed of at an offsite facility equipped to handle them. 8. All structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical stand- ards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of •an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permits. 9. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall -be used for energy saving. All outside lighting shall be directed to prevent spillage onto adjacent property. 10. A detailed soil analysis shall be prepared by a registered soil engin- eer. This analysis shall include offsite soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical, and fill properties; foundations; retaining walls; streets; and utilities. AYES: Higgins, Russell, Finley, Cohen, Bazil NOES: None ABSENT: Stern ABSTAIN: Paone ON MOTION BY RUSSELL AND SECOND BY COHEN TENTATIVE TRACT MAP NO. 10542 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOW- ING VOTE: -6- 2-6-79 - P.C. Minutes, H.B. Planning Commission February 6, 1979 Page 7 FINDINGS: 1. The proposed subdivision of this 8.06 acre parcel of land zoned R2, which will allow 15 units per gross acre, is proposed to be con- structed at 9.9 units per gross acre. 2. The proposed,use of the property is consistent with the City's General Plan. 3. All design and improvements features are proposed in compliance with the City's ordinances and standards. CONDITIONS OF APPROVAL: 1. The tentative tract received and dated January 10, 1979, shall be the approved tentative tract layout. 2. Sewer facilities to serve the project constructed to the approval of the Department of Public Works shall be installed and in operation prior to issuance of a certificate of occupancy for any unit within the subject tract. 3. If Monterey Street becomes a public street, the applicant is required to dedicate and improve in compliance with all the applicable pro- visions of the Huntington Beach Ordinance Code. If Monterey Street becomes a private street, the developer is required to provide all improvements to City standards with the design of an entry gate and its control mechanism to be approved by the Fire Department. A ten foot (10') easement shall be required for maintenance purposes of water mains and fire hydrants located on Monterey Street. 4. Water system shall be through the City of Huntington Beach water system. The sewer, water, and fire hydrant systems shall be designed to City standards. 5. The property shall participate in local drainage assessment district requirements and fees. 6. Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of a final map. This system shall be designed to provide for erosion and siltation control both during and after construction of the proposed project. 7. The decorative masonry wall to be constructed along Edinger Avenue shall be designed to be compatible with the wall on Edinger Avenue to the west of the subject property, and shall be approved by the Planning Department. AYES: Higgins, Russell, Finley, Cohen, Bazil NOES: None ABSENT: Stern ABSTAIN: Paone -7- 2-6-79 - P.C. Minutes, H.B. Planning Commission February 6, 1979 Page 8 Commissioner Paone informed the Commission that his abstention on Tenta- tive Tract 10542 and Conditional Use Permit 78-23 is due to the fact that the law firm with which he is affiliated has done some past legal work for the Warmington Company. ZONE CHANGE NO. 79-1 Initiated by the Planning Commission To change the zoning on 13.64 acres of land located on the northeast corner of Atlanta Avenue and Beach Boulevard from R2 to R2-PD. The public hearing was opened and closed. Savoy Bellavia informed the Commission that the staff is recommending that any approval of this zone change include the deletion of the 50-foot required setback along Beach Boulevard and Atlanta Avenue. This deletion was omitted from the legal advertising for the Planning Commission hear- ing and from the ordinance, but if the Commission approves it could be advertised and transmitted to the City Council with said deletion of set- back included. ON MOTION BY HIGGINS AND SECOND BY RUSSELL ZONE CHANGE NO. 79-1 WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL WITH THE DELTION OF THE 50-FOOT SETBACK AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Finley, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None CONDITIONAL USE PERMIT NO. 78-31 Applicant: R.E.W. Inc. (dba Randa's Exercise Workshop) To permit the establishment of a women's health facility located at 8859 Adams Avenue. Savoy Bellavia informed the Commission that the code change which would allow this type of use in existing shopping centers has been prepared and is in the process of being put into ordinance form for adoption. The applicant in this case has decided to pursue the conditional use permit process because of the time involved in adoption of the ordinance. The public hearing was opened. Bill Fearing spoke in support of the application. No other persons were present to address the Commission, and the public hearing was closed. ON MOTION BY RUSSELL AND SECOND BY BAZIL CONDITIONAL USE PERMIT NO. 78-31 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed exercise workshop is compatible with the existing shopping center and surrounding land uses. -8- 2-6-79 - P.C. Minutes, R.B. Planning Commission February 6, 1979 Page 9 2. The subject shopping center has adequate parking to accommodate the proposed workshop at peak hour demand. CONDITIONS OF APPROVAL: 1. The floor plan received and dated December 21, 1978, and the site plan received and dated January 19, 1979, shall be the approved layout. 2. The hours of operation shall be limited to the hours from 8:00 a.m. to 9:00 p.m. Mondays through Fridays; 8:00 a.m. to 1:00 p.m. on Saturdays; closed Sundays and holidays. AYES: Higgins, Russell, Finley, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None CONDITIONAL USE PERMIT NO. 78-32 Applicant: Brother in Law Inc. (dba Tiffanys) To permit operation of a private club and public restaurant located at 16903 Algonquin Street. The public hearing was opened. Edward Alston, representative, addressed the Commission and indicated the applicant's willingness to comply with all code requirements for the use. There being no other persons to address the Commission, the public hearing was closed. Commission discussion included review of the criteria used in determin- ing the need for a conditional use permit application of this nature. ON MOTION BY RUSSELL AND SECOND BY BAZIL CONDITIONAL USE PERMIT NO. 78-32 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed use is compatible with the existing surrounding land uses. 2. The subject site has been occupied by a restaurant and/or night club since 1970 and has not created any land use problems either from parking or traffic circulation. CONDITIONS OF APPROVAL: 1. The site plan received and dated December 28, 1978, shall be the approved layout. 2. Fire safety systems shall be subject to review and approval by the Fire Department prior to the issuance of a certificate of occupancy. 3. Signs for the use shall be subject to the present requirements of Article 976. -9- 2-6-79 - P.C. Minutes, H.B. Planning Commission February 6, 1979 Page 10 4. Any code violation regarding this use shall be rectified to the approval of the appropriate City department prior to the issuance of a certificate of occupancy. AYES: Higgins, Russell, Finley, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None COMMISSIONER'S COMMENTS: The Commission reviewed the status of Commissioner's comments section of meetings, and determined that future formal action on any items not listed on the agenda will be avoided, as will action by either straw fote or consensus procedures. The Commission again discussed the criteria used to determine need for conditional use permit applications and staff reported that the only measurement use for assessing the need ,for any application for entitle- ment is the Ordinance Code and the provisions therein. Commissioner Russell discussed the need for strict adherence to Fire Code requirements in approvals of all projects before the Commission. Commissioner Higgins requested a report on status of the billboards in the community. John O'Connor will research the status of litigation on this subject and report back to the Commission. Commissioner Bazil discussed methods of obtaining improvements on street sections where postponement had previously been allowed, as well as how illegal use and parking within those unimproved street sections can be abated. STAFF ITEMS: Acting Secretary Palin discussed a communication from the office of the City Attorney in regard to State regulations on board and care homes. The attorney has recommended minor amendments to the Ordinance Code in order to bring City procedures into compliance with the State. The Commission reviewed the suggested action. ON MOTION BY HIGGINS AND SECOND BY RUSSELL THE COMMISSION APPROVED AS RECOMMENDED BY STAFF AND REFERRED THE MATTER TO THE CITY COUNCIL FOR PUBLIC HEARING AND ACTION, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Finley, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None Savoy Bellavia announced that it Commissioners desire to have a discus- sion item placed on the agenda it should be submitted to staff by noon on the Thursday preceding the meeting. n -10- 2-6-79 - P.C. Minutes, H.B. Planning Commission February 6, 1979 Page 11 Jim Palin reported to the Commission on the City Council meeting of February 5, 1979. Of particular importance to the Commission is the Council's direction that the Planning Department place a high priority on a study of the downtown area so that the City may respond to the problems of property owners there. (This action was taken subsequently to the Council's denial of the appeal on Zone Change 78-26, which had requested R1 zoning for property in the vicinity of Second Street and Olive Avenue.) Mr. Palin stated that this area will be studied in depth after General Plan Amendment No. 79-1 is processed. John O'Connor distributed a legislative update on the Subdivision Map Act and a communication regarding the duties and policies of the Subdivision Committee. Jim Palin discussed a possible joint meeting between the Redevelopment and Planning Commissions to review and recommend proposals submitted to the City for development of the Old Civic Center site as a senior citizens housing complex. Timing, purpose of the meeting, and juris- diction over the project were reviewed. Counsel O'Connor indicated that he would prefer the Commission to have some legitimacy in reviewing the proposals. Commissioner Bazil made a motion that the Commission direct the staff to analyze the Council's action on February 5, 1979, to determine if the Council has granted the Commission the authority to conduct such a review, and if not, to solicit from the Council its desire and intention in this regard. Motion was not seconded, but the Commission determined by consensus to follow that procedure. ON MOTION BY COHEN AND SECOND BY RUSSELL THE COMMISSION ADJOURNED TO A STUDY SESSION ON WEDNESDAY, FEBRUARY 14, 1979, AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Finley, Cohen, Bazil, Paone NOES: None ABSENT: Stern ABSTAIN: None Meeting adjourned at 9:30 p.m. a James W. alin Acting Secretary : df Ruth Finley, Chairman -11- 2-6-79 - P.C.