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HomeMy WebLinkAbout1979-05-01MINUTES Approved May 15, 1979 Corrected June 5, 1979 HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, MAY 1, 1979 - 7:00 PM COMMISSIONERS PRESENT: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone COMMISSIONERS ABSENT: None CONSENT CALENDAR: Commissioner Stern requested that Item A-4 be pulled from the con- sent agenda for separate consideration. Commissioner Bazil noted that he could not vote on Item A-1 since he had been absent from the April 17, 1979 meeting. Commissioner Russell questioned the extension of time for Tentative Tract 8197, Item A-2, and Commissioner Stern asked if there could be a question of land use on the property since the area across the street is being developed as industrial. Savoy Bellavia explained that the site is being sold by the original applicant and the new developer needs an extension to allow the map to record. ON MOTION BY RUSSELL AND SECOND BY COHEN CONSENT CALENDAR ITEMS A-2 AND A-3, EXTENSION OF TIME FOR TT 8197 AND CONDITIONAL USE PERMIT NO. 77-14 AND A CONTINUANCE TO JUNE 5, 1979 FOR TT 10169, WERE APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None ON MOTION BY COHEN AND SECOND BY RUSSELL THE MINUTES OF THE REGULAR MEETING OF APRIL 17, 1979 --WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Paone NOES: None ABSENT: None ABSTAIN: Bazil CONSENT ITEM A-4 - CGP 79-5 Initiated by Development Services Proposal of the Department of Public Works to close 17th Street at its intersections with Yorktown Avenue. Page 2 and following pages of original minutes correct as originally approved. MOCA 1 I Approved May 15, 1979 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, MAY 1, 1979 = 7:00 PM COMMISSIONERS PRESENT: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone COMMISSIONERS ABSENT: None CONSENT CALENDAR: Commissioner Stern requested that Item A-4 be pulled from the con- sent agenda for separate consideration. Commissioner Bazil noted that he could not vote on Item A-1 since he had been absent from the April 17, 1979 meeting. Commissioner Russell questioned the extension of time for Tentative Tract 8197, Item A-2, and Commissioner Stern asked if there could be a question of land use on the property since the area across the street is being developed as industrial. Savoy Bellavia explained that the site is being sold by the original applicant and the new developer needs an extension to allow the map to record. ON OTION ECOND BY COHEN CONSENT CALEN ITEMS D A-3, EXTENSION OF TIME FOR TT 8197 AND A CO UANCE TO JUN 1979 FOR TT 10169, WERE APPROVED B LOWING VOTE: �l AYES; Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone i NOES: None ABSENT: None ABSTAIN: None ON MOTION BY COHEN AND -SECOND BY RUSSELL THE MINUTES OF THE REGULAR MEETING OF APRIL 17, 1979, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Paone NOES: None ABSENT: None ABSTAIN: Bazil CONSENT ITEM A-4 - CGP 79-5 'Initiate'd by Deyelopmerit Services Proposal of the Department of Public Works to close 17th Street at its intersections with Yorktown Avenue. Minutes, H.B. Planning Commission May 1,.1979 Page 2 Commissioner Stern expressed concern that this closure would result in more traffic being diverted to Main Street, further im- pacting Main. He also questioned the fact that the City will be making the improvements to Yorktown Avenue rather than adjacent development being responsible. Commissioner Bazil noted that the closure would eliminate a bad intersection at Lake, Yorktown, and 17th and other streets are available to absorb the traffic load. ON MOTION BY HIGGINS AND SECOND BY BAZIL CONFORMANCE WITH GENERAL PLAN NO. 79-5 WAS APPROVED, BY THE FOLLOWING VOTE: AYES: Riggins, Russell, Finley, Cohen, Bazil, Paone NOES: Stern ABSENT: None ABSTAIN: None ORAL COMMUNICATIONS: None REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 79-11/NEGATIVE DECLARATION NO. 79-24 Applicant_: Huntington Beach, Playhouse To permit construction of a theater on the northeasterly corner of Main Street and Yorktown Avenue within an existing office complex. Savoy Bellavia informed the Commission that the seating capacity of the proposed theater should be listed as 232 rather than the 292 seats indicated in the staff report. Commissioner Higgins announced for the record that no conflict of interest exists which would prevent his participation on this proposal. The public hearing on the conditional use permit and the negative declaration was opened. Al Coen, Roger Mills, and Liz Snyder addressed the Commission in R support of the project. Mr. Coen discussed the financing of the theater, noting that it is in accordance with the attempt to es- tablish cultural resources within the community. Mr. Mills dis- cussed the expected traffic volume from the use, and Ms. Snyder explained that the structure will be constructed a split concrete textured blocks compatible with the other buildings in the complex. There being no other persons to address the Commission, the public hearing was closed. -2- 5-1-79 - P.C. Minutes, H.B. Planning Commission May 1, 1979 Page 3 Commission discussion ensued, considering traffic impacts and type of construction. Commissioner Stern expressed the opinion that the application seems incomplete; i.e., it contains no exact figures on the number of automobiles anticipated to use the facility, the materials are not adequately spelled out, and the front entry is excessively far from the nearest parking spaces. He also discussed the old silo which has been retained on the site as a habitat for owls and suggested that the project be conditioned to protect it from light intrusion. ON MOTION BY COHEN AND SECOND BY RUSSELL NEGATIVE DECLARATION NO. 79-24 WAS ADOPTED, BY THE FOLLOWING VOTE:' AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None. ABSTAIN: None ON MOTION BY COHEN AND SECOND BY PAONE CONDITIONAL USE PERMIT NO. 79-11 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed theater is compatible with surrounding land uses. 2. The existing office park has adequate parking to accommodate the proposed theater at peak hours. CONDITIONS OF APPROVAL: 1. The site plan, floor plan, and elevations received and dated March 13, 1979, shall be the approved layout. 2. Prior to issuance of building permits a landscape plan shall be submitted to the Planning Department for approval. A survey of existing trees shall be submitted to the Landscape Division of the Department of Public Works. All healthy trees proposed for removal shall be replaced at the time of development on a two -for -one basis in addition to standard landscaping require- ments. The size and location of said trees shall be determined by the Landscape Division of the Department of Public Works. 3. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 4. Low -volume heads shall be used on all spigots and water faucets. 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. -3- 5-1-79 - P.C. Minutes, H.B. Planning Commission May 1, 1979 Page 4 6. If lighting is included in the parking lot, energy saving lamps shall be used. Said lighting -shall be situated in order to eliminate any spillage onto the existing onsite silo. 7. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite 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, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None CONDITIONAL USE PERMIT NO. 79-9 (Cont. from 4-17-79) Applicant::: Mike H11ander To permit a family amusement center and arcade to be located within an existing shopping center at the northwest corner of Atlanta Avenue and Magnolia Street. Commissioner Bazil, who was absent on April 17, informed the Com- mission that he would abstain from voting on this matter. Commissioner Stern, also absent on April 17, noted that he has listened to the tape of the meeting and will participate in the voting on the project. Savoy Bellavia reported that the Planning Department has received several further communications from business people in the shopping center in opposition to the proposed use, as well as another petition from surrounding residents also in opposition. He . read -into the record a letter from W & D Developers, owners of the center, to the applicant stating that they were refunding his deposit for'the building; however, no letter has been received from Mr. Hilander withdrawing the application and W & D has not withdrawn its authorization to the applicant. Slides of the center were displayed for the Commission's information. The Police Department has responded with further documentation of calls in the general area and again has indicated no particular problems with uses of similar nature. The public hearing, continued from the April 17 meeting, was re- opened. The following persons spoke in opposition to granting of the request: -4- 5-1-79 - P.C. Minutes, H.B. Planning Commission May 1, 1979 Page 5 Russell Stromquist, E.L. Jorra, Christian B. Simonser, Ruth Pakle, Peter Similak, Walter Young, Sally Tunstall, John Thomas, Florene Hays, John Horne, and Marie Bush. The speakers discussed the security risk the use would cause; the undesirable element it could attract to their neighborhood; noise, vandalism, and traffic im- pacts to be expected; and the discretionary nature of approval of this type of facility. Th"ere being no other persons to address the Commission, the public hearing was closed (the applicant was not present at the meeting). Legal counsel advised the Commission of the issues involved: the continuing validity of the application and approval or disapproval of the request. Commissioner Russell noted that since neither the applicant nor a representative of W & D is present at the meeting there is no way to verify authorization and the Commission should proceed on the assumption that the application is still legally in force. Mr. Russell reported that he had visited the center and talked to businessmen, none of whom were in favor of the proposed use; he was also able to verify the letter in the file from Dr. Blanchard and partially verify the letter from Santa Barbara Savings and Loan. He stated that a commercial use in a residential area should cater to the residents of that area and he sees no useful purpose the j arcade would provide to the surrounding neighbors. Commissioner Cohen agreed and urged denial of the request. Commissioner Paone expressed the opinion that this application should not be treated as a unique situation, noting that the use would affect any other community in the City in precisely the same way it would affect this one, -and if there is a need to protect citizens from adverse noise and security impacts here the need also exists for the City as a whole. He cited the police reports which indicated no particular problems with these uses in terms of crime and noise and objected to the unfortunate stereotyping of young people which seems to have been presented here. Mr. Paone inquired in regard to the status of the proposed ordinance preparation which would establish special zoning districts in the City for recreation uses and stated that, since he considers the special districts a better option for projects such as this, he would be willing to vote against the application for that reason only. Chairman Finley expressed the opinion that there are some centers in the city where such uses would be compatible, and Commissioner Bazil suggested that staff could investigate an arcade which is presently located in the Westminster Mall. ON MOTION BY RUSSELL AND SECOND BY COHEN CONDITIONAL USE PERMIT NO. 79-9 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: -5- 5-1-79 - P.C. Minutes, H.B. Planning Commission May 1, 1979 Page 6 A -- FINDINGS FOR DENIAL: 1. The proposed use is not compatible with the surrounding busi- nesses and the adjacent residential properties. 2. The proposed use does not appear to serve any useful purpose in terms of the residents -in the immediate area. 3. Noise from the proposed use could adversely affect adjacent business establishments. AYES: Higgins, Russell, Stern, Finley, Cohen, Paone NOES: None ABSENT: None ABSTAIN: Bazil TENTATIVE TRACT NO. 10656/CONDITIONAL USE PERMIT NO. 79-5 Applicant: Casa Del. Sol Apartment Fund,' Ltd. To permit a 34-lot subdivision of land for the purpose of convert- ing 448 existing apartments to condominium ownership units located on the west side of Brookhurst Street approximately 660 feet south of Hamilton Avenue. Savoy Bellavia reported that the applicants have submitted an acoustical report which shows the project meeting and in some cases exceeding the minimum requirements of Title 25 of the Uniform Building Code. This report measured units side by side, front to back, and top to bottom for noise transferance. Chairman Finley noted for the record that four of the Commission members (Stern, Paone, Cohen, and Finley) visited and inspected the project on April 21, 1979 at 9:00 a.m. The public hearing was opened. Mrs. Finley requested that all speakers address only the planning issues involved with the condominium con- version, not rental problems. Ed Petersen, representing the applicants, addressed the Commission to describe the project and present slides and pictures of the complex. He indicated the conversion would provide homes for a group of people not presently able to buy as well as fulfilling a market need for one -bedroom units. Prices are projected to be between $70,000 and $80,000-and association fees at $60.00 per month. Conversion in his opinion would provide advantages of own- ership rights, tax deductions, and maintenance -free facilities. Mr. Petersen addressed the following specific areas: Time Frame: Renters will have at least several months lead time, as the law requiresa minimum ,120-day notice of conversion, and present renters have 60 days for exercise of their preferential right -to purchase their units. -6- 5-1-79 - P.C. 1 Minutes, H.B. Planning Commission May 1, 1979 Page 7 Treatment of Existing Tenants: The company expects to exceed the statutory requirements in this area, planning to give their ten- ants the right to purchase units other than the one in which they are living, to give a discount price before the units go on the open market, and to offer a relocation'assistance plan to non -buying tenants. Deficiencies in Plan: Parking: The existing parking totals 733 spaces open and covered; however, he said this can be brought up to the code -required 960 spaces by the removal of some landscaping. Mr. Petersen is of the opinion that the parking deficiency can be corrected. Open Space: It is the developer's feeling that the common open space is adequate to meet the needs of the project; however, the code can be complied with by putting green areas over parking structures, if necessary. Private open space is short only as regards the second -floor balconies, but also.is correctable if re- quired. He pointed out, however, that adding to the balconies will alter the exterior elevations of the structures. Entranceways: This deficiency can be corrected by deletion of some of the parking up in front near the street (which, however, could be relocated elsewhere). Building Bulk: Could not be met, and the project would need a special permit for this failure to meet code. Carport Setback: This applies only to the rear of the units, and further measurements may show it is correctable. Interior Property Line: Encroachment: The applicant noted that the wall of a garage would be permitte37 at this setback; however, staff is interpreting "garage" not to mean "carport." His prefer- ence would be to leave the carports open for ease of maintenance, but they can be converted to garages if necessary to meet code. Petition from Tenants: Mr. Petersen explained that the petition signed by the tenants addressed a pending rent increase and the comments contained therein should not be considered as part of the conversion deliberation. He closed his statements -by saying that there is a need for this type of housing within the City and requesting approval of the application. Questioning of the applicant followed: Chairman Finley questioned the close proximity of the carport roofs to some of the units, saying it seemed unsuitable to use as open space. Commissioner Paone suggested the possibility of constructing new structures and placing tennis courts on the roofs; Mr. Petersen agreed that this approach might be feasible but would require careful location. -7- 5-1-79 - P.C. Minutes, H.B. Planning Commission May 1, 1979 Page 8 Mr. Paone also suggested that the applicants consider a special financing package for existing tenants, possibly to include a low down payment and paper carried back. Mr. Petersen indicated that no financing has been considered at this time. Commissioner Stern pointed out that -the applicant had not mentioned that the staff report identifies a code violation involving water mains located under some of the existing structures, and the appli- cant said that these would be relocated as necessary. Michael Kirschbaum, legal counsel for the tenant's association of Casa del Sol, addressed the Commission.in opposition to the con- version. He stated that no information has been presented in regard to the people living in the complex (i.e., age brackets, income status, relocation, etc.) and discussed the vacancy factor in Huntington Beach and the present almost total lack of new con- struction of apartment units in the city. He alleged that there is no ordinance to permit conversion of apartments to ownership units and that approval of this request would be tantamount to discrimination based on the law, depriving the residents of equal protection under the law and the right to choose where they wish to live. Bill Kaelm stated that the rental units serve an existing need in the community and new tenants are not being told of possible conversion before signing leases. He also discussed the existing state of repair of the units and questioned the reliability of the'acoustical report. - Nell Joslyn spoke in opposition to the conversion. Peter Similak stated that renters have been induced to come to, Huntington Beach to live by the encouragement of business and industrial uses by the City, and urged the'Commission to weigh the benefits to be obtained by the developers against the burdens which will result to the tenants, not only of this complex but to all tenants in the City through the precedent which would be set by approval of the conversion request. Commissioner Russell asked that any statistics Mr. Similak might have substantiating his assertion that people locating businesses here would rent rather than buy be submitted to the Commission for its considera- tion. Bruce Greer contended that the complex is not properly designed for condominiums, that there are no storage facilities on the site, and that the association fee will no doubt be higher that the $60 per month figure quoted by the applicant. John Thomas addressed the Commission in opposition to the proposed conversion. Ed Wilson, a new renter in the complex, likewise opposed the request. -8- 5-1-79 - P.C. Minutes, H.B. Planning Commission May 1, 1979 Page 9 John O'Connor asserted that the presentation by the applicant's representative lacked credibility in certain areas, such as a reference to other agencies and the fact that people were told that conversion was a reality when in fact just the application had been filed. He also cited pending litigation between the Coastal Commission and the Attorney General's office in regard to the application of the Subdivision Map Act to condominium con- versions and stock cooperatives. He concluded by saying_that approval of this request with its existing gross code deficiencies would create an unfortunate precedent in the City and open the possibility for many other applicants requesting the same treat- ment. Don Karlin addressed the Commission in favor of the concept of conversion, stating that this is the only way he and other young people in his position will be able to purchase housing in the City of Huntington Beach. Applicant Ed Petersen again addressed the Commission in brief rebuttal to some of the points raised by the -speakers. The public hearing was closed. The Commission discussed with legal counsel the code mechanisms which are available to implement the requested action; Counsel James Georges concluded that the planned residential development ordinanceseems to_apply only to new construction -and should probably not be used as a vehicle for condominium conversion projects. Commissioner Higgins, noting that the Coastal Act seems to consider conversion to a stock cooperative a "development," expressed the opinion that if one type of conversion is a develop- ment so should a conversion of any type also be a development. Mr. Georges was requested to - submit written clarific_ ation _- _ of this apparent inconsistency for the Commission's May 8 study session. Extensive discussion followed regarding data on existing units, vacancy factors, and code requirements. It was the consensus of the Commission that a continuance was needed, and the applicant's representative, Mr. Petersen, concurred with that continuance. Chairman Finley informed the audience that a study session on the subject of condominium conversions is scheduled for the evening of May 8, 1979 at 7:00 p.m., at which time further public input will be welcome. No additional public notice of the continued consideration of the subject application will be mailed. The following information was requested for review: For May 8 Study Session: 1. Examples of other cities' condominium conversion ordinances. 2. Clarification of Attorney's opinion on permissibility of any condominium conversions in the City under Article 936. -9- 5-1-79 - P.C. Minutes, H.B. Planning Commission May 1, 1979 Page 10.,, 3. Number of apartment units in the City and breakdown by units. 4. On-line average rental of new rental units in the City. 5. Availability within the City of other condominiums in terms of price range. 6. Vacancy factor in Huntington Beach and surrounding areas. 7. Information from Attorney on legality of possible condition mandating a financial assistance program by the developer for existing renters only, to be submitted as a written opinion. 8. Numbers of potentially convertible projects in the City and how -many of those are the larger projects. 9. Attorney's input on the validity of the "equal protection under the law" and "right to choose where to live"commehts made at this meeting as they might apply to condominium conversion projects. 10. Fiscal effects of condominium conversions (revenue/expendi- tures). 11. Single-family turnover rate in the City. For May 15 Regular Meeting: Requested of -Applicant: 1. Firm information on the reduced price for existing renters and proposed payment of moving expenses for those who would not buy in the converted project. 2. A financing program to assist existing renters which the appli- cant would be willing to endorse. 3. Information on relocation assistance. 4. A plan to bring the project up to code on open space and park- ing either as discussed or in some other acceptable manner. Requested of Tenants Association: 1. Listing of people who would be willing to buy their own or another unit within Casa Del Sol if conversion is allowed. ON MOTION BY PAONE AND SECOND BY HIGGINS CONDITIONAL USE PERMIT NO. 79-5 AND TENTATIVE TRACT 10656 WERE CONTINUED TO THE REGULAR MEETING OF MAY 15, 1979, WITH THE CONCURRENCE OF THE APPLICANT BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None The public hearing on TT 10656 and-C.U.P. 79-5 was reopened and continued to May 15, 1919. James Georges brought to the attention of the Commission that an error in the approved minutes of April 17, 1979, should be corrected to indicate,*. that a member may change his decision'to abstain on any motion prior to the result being announced or -10- 5-1-79 - P.C. Minutes, H.B. Planning Commission May 1, 1979 Page 11 by unanimous permission of the assembly. ON MOTION BY STERN AND SECOND BY FINLEY THE COMMISSION DETERMINED TO RECONSIDER ITS APPROVAL OF THE APRIL 17, 1979 MINUTES, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Paone NOES: None ABSENT: None ABSTAIN: Bazil ON MOTION BY STERN AND SECOND BY FINLEY THE AMENDED MINUTES WERE APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley, Cohen, Paone NOES: None ABSENT: None ABSTAIN: Bazil DISCUSSION •ITEMS: Acting Secretary Palin presented the draft Public Access Guide- lines for the Commission's consideration. Comments are due on May 11, 1979. After discussion, the Commission requested that the comments of the Local Coastal Program - Citizen Advisory Committee, if any, be submitted to them for review and possible endorsement. Information on the Resource Preservation Zones mandated by the Coastal Act of 1976 was submitted for review. This material will be included in the Local Coastal Program work tasks and reviewed in greater depth during processing of that program. COMMISSION DISCUSSION ITEMS: Commissioner Cohen discussed the environmental status of the pro- jected closure of Beach Boulevard at Adams Avenue. After discus- sion, the Commission expressed its concern that this alternative course of action had not been addressed in the environmental document or that when a prokglem was encountered in implementing a Commission -imposed condition of approval the Planning Commission had not been advised of the problem or allowed to recommend an alternative solution. Chairman Finley reminded members of the importance of adequate representation of the Commission on the Subdivision Committee. ON MOTION'BY RUSSELL AND SECOND BY COHEN THE COMMISSION ADJOURNED TO A STUDY SESSION ON TUESDAY, MAY 8, 1979, IN THE COUNCIL CHAMBERS AT 7:00 Q.M. BY UNANIMOUS VOTE. (James W. Palin Acting Secretary le-aez "I Ruth Finley, Chairma -11-