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HomeMy WebLinkAbout1979-07-17Approved August 7, 1979 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, JULY 17, 1979 - 7:00 PM COMMISSIONERS PRESENT: Higgins, Russell, Stern, Paone, Cohen Bazil COMMISSIONERS ABSENT: None ELECTION OF COMMISSION OFFICERS: Secretary Palin opened the nominations for chairman. Commissioner Russell nominated Tim Paone; Commissioner Cohen nominated John Stern. Commissioner Higgins made a motion that the nominations be closed. Voting took place in order of nomina- tion, and the following vote was recorded for Commissioner Paone: AYES: Bazil, Russell, Higgins, Paone Mr. Paone was elected Chairman of the Planning Commission. ON MOTION BY RUSSELL AND SECOND BY COHEN THE ELECTION OF TIM PAONE WAS MADE UNANIMOUS, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Cohen, Bazil, Paone NOES: None ABSENT: None ABSTAIN: None Chairman Paone opened the nominations for Vice Chairman. Commissioner Cohen nominated John Stern; Commissioner Bazil nom- inated Frank Higgins. Commissioner Russell moved that the nomina- tions be closed. COMMISSIONER HIGGINS WAS ELECTED VICE CHAIRMAN BY THE FOLLOWING VOTE: AYES: Russell, Bazil, Paone, Higgins Secretary Palin informed the Commission of the action taken by the City Council designating Frank Higgins and Bob Bazil as in- terim appointees to the Commission for the term of office to continue until the new Commission has been selected. Minutes, H.B. Planning Commission July 17, 1979 Page 2 CONSENT AGENDA: At the request of Commissioner Stern, items A-2 and A-4 were pulled from the consent agenda for separate consideration. ON MOTION BY HIGGINS AND SECOND BY RUSSELL THE MINUTES OF THE JUNE 19, 1979 REGULAR MEETING AND CONFORMANCE WITH GENERAL PLAN NO. 79-10 WERE APPROVED, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: Stern CONSENT ITEM A-2 - MINUTES OF JULY 3, 1979 REGULAR MEETING: Commissioner Stern requested that the draft minutes of this meeting be revised to reflect that on page 4 in the discussion of TT 10753 the elevations had been submitted for the Commission's information (instead of review, as drafted) and that his reference had been to "suggested" Condition of Approval No. 12. ON MOTION BY STERN AND SECOND BY BAZIL THE MINUTES OF THE REGULAR MEETING OF JULY 3, 1979, WERE APPROVED AS AMENDED, BY THE FOLLOWING VOTE: AYES: Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: Higgins Mr. Stern discussed the accuracy of the findings for TT 10753 and the applicability and clarity of some of the conditions of approval. ON MOTION BY STERN AND SECOND BY COHEN THE COMMISSION DETERMINED TO RECONSIDER TENTATIVE TRACT MAP NO. 10753, BY THE FOLLOWING VOTE: AYES: Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: Higgins Commissioner Stern pointed out that the CD suffix requires review of a project by the Design Review Board and certain requirements are necessary when land is designated with an "0" suffix. Secretary Palin informed the Commission of the ad hoc Design Review Board which was constituted by the City Council for the purpose of review- ing the new senior citizen center and which may also at the discre- tion of the Development Services Director review other projects in the CD districts. The "0" suffix is not a concern on this property because it does not contain any operating oil facilities, but it will eventually be removed by future City action. -2- 7-17-79 - P.C. n Minutes, H.B. Planning Commission July 17, 1979 Page 3 ON MOTION BY STERN AND SECOND BY COHEN FINDING NO. 1 FOR TEN- TATIVE TRACT NO. 10753 WAS AMENDED TO READ AS FOLLOWS, BY THE FOLLOWING VOTE: 1. The proposed subdivision of this 2.68 acre parcel of land zoned Oldtown Specific Plan District 2, with CD and 0 suffixes, and the future development of single-family dwellings on this subdivision is in compliance with the City's General Plan. AYES: Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: Higgins Commissioner Stern requested modification of the wording on Condition of Approval No. 3 for TT 10753. ON MOTION BY STERN AND SECOND BY COHEN CONDITION OF APPROVAL NO. 3 FOR TENTATIVE'TRACT 10753 WAS AMENDED TO READ AS FOLLOWS, BY THE FOLLOWING VOTE: 3. Prior to acceptance of a final Map for Tentative Tract 10753, a separate agreement shall be entered into between the City and the developer of subject tract for storm drain improve- ments to be installed by the developer in Utica Avenue from Lake Street westerly to the intersection of Seventeenth and Main Streets to hook up with the existing storm drain facility at that location. This system shall be installed and in operable condition prior to'release for occupancy of the first unit within the development. AYES: Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: Higgins Commissioner Stern questioned the applicability of Conditions 5, 6, and 7 which had been applied to the tentative tract as miti- gating measures at the recommendation of the Environmental Section after review of the environmental documents for the project. ON MOTION BY BAZIL AND SECOND BY PAONE THE SECRETARY WAS DIRECTED TO REQUEST A LEGAL OPINION FROM THE OFFICE OF THE CITY ATTORNEY AS TO THE LEGALITY OF APPLYING MITIGATING MEASURES AS CONDITIONS OF APPROVAL ON A TENTATIVE TRACT, BY THE FOLLOWING VOTE: AYES: Russell, NOES: Cohen ABSENT: None ABSTAIN: Higgins Stern, Paone, Bazil -3- 7-17-79 - P.C. Minutes, H.B. Planning Commission July 17, 1979 Page 4 CONSENT AGENDA ITEM A-4 - CONFORMANCE WITH GENERAL PLAN NO. 79-12 Proposal for the vacation of the right-of-way along the west side of Newland Street north of Yorktown Avenue. The Commission reviewed the proposal and the staff recommendation in conjunction with that proposal. ON MOTION BY COHEN AND SECOND BY STERN CGP NO. 79-12 WAS FOUND TO BE IN CONFORMANCE WITH THE GENERAL PLAN, WITH THE ADDED RECOMMENDA- TION THAT THE RIGHT OF WAY BE RETAINED FOR USE AS A FUTURE BIKEWAY WITH LANDSCAPING AND A BLOCK WALL SETBACK, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None ORAL COMMUNICATIONS: None PUBLIC HEARINGS: ZONE CHANGE 79-6/NEGATIVE DECLARATION NO. 79-46 Applicant: Robert F. Curtis To change the zoning of 6.1 acres located at the southeast corner of Warner Avenue and Sims Street from R3 and R2 to R3-19. Savoy Bellavia explained the averaging concept involved in the pro- posed zone change. The public hearing was opened. There were no persons present to address the Commission, and the public hearing was closed. ON MOTION BY BAZIL AND SECOND BY STERN NEGATIVE DECLARATION NO. 79-46 WAS ADOPTED WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None The Commission reviewed and discussed the proposed zone change. ON MOTION BY BAZIL AND SECOND BY STERN ZONE CHANGE NO. 79-6 WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed R3-19 zoning is consistent with the City's General Plan and is compatible with surrounding existing and planned future land uses. -4- 7-17-79 - P.C. Minutes, H.B. Planning Commission July 17, 1979 Page 5 2. This proposed R3-19 zoning will not increase the total number of units over that permitted under the present zoning and/or General Plan designation. AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None CONSIDERATION FOR GENERAL PLAN AMENDMENT ON DAON PROPERTY: (Beach Boulevard and Pacific Coast Highway) Chairman Paone explained the limits of the Commission hearing and outlined the history of the Daon request. Savoy Bellavia informed the Commission that several written comments have been received in regard to this public hearing, mostly from residents of the mobilehome park which occupies part of the subject site. In response to a question from Commissioner Paone, Secretary Palin explained the staff's concern that if the land use designa- tion on the property were changed on the General Plan to the re- quested Planned Community district it would be possible for a sub- sequent application to force zoning consistency, and the staff would not want any zoning to take place until the Local Coastal Program is completed. Adoption of the previously discussed short- term moratorium would allow general planning to take place without incurring that risk. The public hearing was opened. Salvatore de Stefano addressed the Commission to inquire the identity of the applicant for the General Plan Amendment. Mrs. Lillian Myketuk addressed the Commission to state that the residents of the mobilehome park had not been properly notified of the hearing. Staff explained the legal requirements for noti- fication and the contractual arrangement which the City has made with the Huntington Beach Independent for published notices. There being no other persons to address the Commission the public hearing was closed. Commission discussion followed. Commissioner Stern cited the extensive and costly studies that the City is currently undertak- ing to aid in the planning process and stated that the results of these studies should be known before any action is taken on this proposed amendment to the General Plan. Commissioner Bazil discussed the scope and purpose of general plan amendments, and Commissioner Higgins pointed out that, no matter what action is taken on this request at the Commission and Council levels, the Local Coastal Program when completed will supersede any prior action and set the land use for all coastal areas. -5- 7-17-79 - P.C. Minutes, H.B. Planning Commission July 17, 1979 Page 6 A MOTION WAS MADE BY STERN AND SECONDED BY COHEN TO POSTPONE CONSID- ERATION OF THIS REQUEST FOR GENERAL PLAN AMENDMENT UNTIL THE COM- PLETION OF THE LOCAL COASTAL PROGRAM. MOTION FAILED BY THE FOLLOW- ING VOTE: AYES: Stern, Cohen NOES: Higgins, Russell, Paone, Bazil ABSENT: None ABSTAIN: None Commissioner Stern and legal counsel James Georges discussed mora- torium procedures and time limits. Clarification on the different periods of time for which a moratorium may be imposed will be provided by legal counsel at the next regular meeting. Commissioner Paone expressed the opinion that failure to act on the General Plan amendment will permit development to take place at any time under the present zoning. He stated that the adoption of the General Plan amendment and a moratorium on the property is acceptable to the Daon Corporation and they are willing to cooperate by not pressing for permits; however, without the amendment there can be no moratorium because the applicant will not consent to it. Commissioner Russell indicated that if the Commission could be assured that within a six-month period of time all of the appropriate reports and information necessary to make a land use decision on the property will be available and that firm assurance could be obtained from the appli- cant that he would concur with the moratorium, he might look favorably on enacting the amendment in conjunction with a moratorium. Chuck Colton, Vice President of the Daon Corporation, addressed the Commission, saying that his firm concurs with the statements made by the Chair concerning the moratorium and that they are anticipating the public hearing on the General Plan amendment and the moratorium at the same time. He further stated that he would be willing to submit a letter indicating that support prior to the public hearing, and he will attach corporate authority, if that is necessary. Commissioner Stern pointed out that there is no guarantee that the City Council will impose any moratorium after adoption of a General Plan redesignation on the property. A MOTION WAS MADE BY HIGGINS AND SECONDED BY RUSSELL TO ESTABLISH A DATE CERTAIN FOR A PUBLIC HEARING TO CONSIDER THE GENERAL PLAN AMENDMENT. Discussion on contents of the amendment and timing ensued, and Mr. Higgins and Mr. Russell withdrew the motion. A MOTION WAS MADE BY HIGGINS AND SECONDED BY RUSSELL THAT A PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 79-2 BE SET FOR THE REGULAR MEETING OF AUGUST 7, 1979, AT WHICH TIME THE GENERAL PLAN AMENDMENT REQUESTED BY THE DAON CORPORATION AND ANY OTHER APPLICATIONS WHICH THE COMMISSION MAY CHOOSE TO HEAR WILL BE CONSIDERED. -6- 7-17-79 - P.C. Minutes, H.B. Planning Commission July 17, 1979 Page 7 The possibility of including the Garfield/Goldenwest area, for which a General Plan amendment has also been requested, was con- sidered. ON MOTION BY PAONE AND SECOND BY BAZIL THE ORIGINAL MOTION TO SET THE PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 79-2 WAS AMENDED TO SET THE HEARING FOR THE REGULAR MEETING OF AUGUST 21, 1979, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Paone, Bazil NOES: Cohen ABSENT: None ABSTAIN: None THE ORIGINAL MOTION,'AMENDED TO READ AS FOLLOWS, WAS ADOPTED BY THE FOLLOWING VOTE. "A PUBLIC HEARING ON GENERAL PLAN AMENDMENT NO. 79-2 SHALL BE SET FOR THE REGULAR MEETING OF AUGUST 21, 1979, AT WHICH TIME THE GENERAL PLAN AMENDMENT REQUESTED BY THE DAON CORPORATION AND ANY OTHER APPLICATIONS WHICH THE COMMISSION MAY CHOOSE TO HEAR WILL BE CONSIDERED." AYES: Higgins, Russell, Paone, Bazil NOES: Stern, Cohen ABSENT: None ABSTAIN: None A recess was called at 8:35 p.m. At 8:50 p.m. the Commission reconvened. GARFIELD/GOLDENWEST GENERAL PLAN AMENDMENT REQUEST AREA Secretary Palin discussed the application which has been filed by 10 property owners in this area, representing 51 percent of the total acreage included in the request, asking for redesigna- tion to industrial. He indicated that the staff would wish the Commission to include this request in General Plan Amendment No. 79-2, and outlined prior studies and reports which have been done for the area which would be of benefit in the Commission's consideration. Both Mr. Palin and Commissioner Bazil expressed reservations on the boundaries of the subject request; areas of concern were the already approved projects and the existing developments, the Main Street corridor and the nature of uses appropriate in that location, and the proximity of the area to the Civic Center complex. Discussion took place concerning possible land use alternatives which might be appropriate for the area, and staff was requested to provide a report on such alternatives for the Commission's information. A MOTION WAS MADE BY BAZIL AND SECONDED BY RUSSELL TO SET A STUDY SESSION FOR 7:00 PM ON TUESDAY, JULY 24, 1979, FOR THE PURPOSE OF CONSIDERING THE MERITS OF THE GENERAL PLAN AMENDMENT PROPOSAL. Further discussion ensued. -7- 7-17-79 - PC Minutes, H.B. Planning Commission July 17, 1979 Page 8 A MOTION WAS MADE BY STERN TO AMEND THE PRIOR MOTION TO ADD THAT THE GARFIELD/GOLDENWEST AREA OF CONCERN ALSO BE SCHEDULED FOR THE REGULAR MEETING OF AUGUST 21, 1979, AS PART OF GENERAL PLAN AMEND- MENT NO. 79-2. MOTION FAILED FOR LACK OF A SECOND. It was the determination of the Commission that a decision on whether or not this request should be made a part of General Plan Amendment No. 79-2 could be made at the study session, with ample time remaining for public notice. The staff was requested to ask Mr. Michelson to present information on possible mixed uses in the area. THE ORIGINAL MOTION TO SET THE STUDY SESSION CARRIED BY THE FOLLDW- ING VOTE: AYES: Higgins, Russell, Paone, Bazil NOES: Stern, Cohen ABSENT: None ABSTAIN: None DISCUSSION ITEMS: TENTATIVE TRACT 9921X (Reconsideration of Conditions) Applicant: Family Home Builders Reconsideration of a previously approved industrial tract on the south aide of Slater Avenue. Reconsideration of Conditions of Approval had been entered into the minutes of the July 3, 1979, meeting for consideration at this time. Staff outlined the proposed change in a condition of approval and indicated that the applicant has been contacted and concurs with the revision. ON MOTION BY BAZIL AND SECOND BY RUSSELL CONDITION OF APPROVAL NO. 10 FOR TENTATIVE TRACT 9921X WAS REVISED AS FOLLOWS, BY THE FOLLOWING VOTE: REVISED CONDITION OF APPROVAL NO. 10 "Vehicular access rights shall be dedicated to the City of Huntington Beach along Slater Avenue on the north sides of Lot 2 and Lot 3." AYES: Higgins, Russell, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: Stern (absent at first consideration of item) CONDITIONAL USE PERMIT NO. 78-14 (Request for Revision of Setback) Applicant: Brown/Zinngrabe This is a request for a reduction in required setback for a portion of a previously approved convalescent care structure within the Pacific Community Center. -8- 7-17-79 - P.C. Minutes; H.B. Planning Commission July 17, 1979 Page 9 Commission and staff reviewed the requirements of the ordinance code and the setback dimensions outlined in the Pacific Commun- ity Plan. Height of the structure for which the reduced set- back is requested was also considered. ON MOTION BY BAZIL AND SECOND BY STERN THE REQUEST FOR MODIFICA- TION TO CONDITION NO. 1 FOR CONDITIONAL USE PEF.MIT NO. 78-14 WAS GRANTED FOR THE FOLLOWING REASON, BY THE FOLLOWING VOTE: FINDING: It has been determined that there was a misinterpretation of the code requirements at the time of original imposition of this condition of approval on the project. REVISED CONDITION OF 'APPROVAL NO. 1: 1. The plan received and dated June 2, 1978, shall be the approved site plan with the following amendments: a. 15-foot setback on the east property line. b. 27 foot turning radius on driveway. AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None PLANNING PROJECTS AND WORK TASKS: The Commission reviewed the staff list of major projects and the Commission's list of ongoing concerns, and requested the addi- tion of the following: 1) Industrial study for Garfield/Golden- west; 2) Mixed Use Zoning; 3) Equestrian Issues; 4) Lake/Atlanta/ Orange intertie and resolution of street section and land uses for lower Lake; 5) Meadowlark Airport; 6) Washington Street Study; 7) Drainage and Sewer Issues; 8) Billboards (once a court deci- sion has been reached); 9) Landscaping and Scenic Highway Corridors. Staff will prepare an updated list for the next Planning Commission meeting. PLANNING DEPARTMENT ITEMS: Secretary Palin informed the Commission that a new ad hoc Design Review Board has been appointed by the Council, to consist of Commissioners Higgins and Paone, Councilmembers Pattinson and Finley, and staff Kohler, Palin, and Martinez. Status and timing of therrew Commission were briefly discussed. -9- 7-17-79 - P.C. Minutes, H.B. Planning Commission July 17, 1979 Page 10 Savoy Bellavia announced the Subdivision Committee meeting which will be held Thursday, July 19, 1979 at 8:30 a.m. COMMISSIONER ITEMS: None ON MOTION BY RUSSELL AND SECOND BY BAZIL THE COMMISSION ADJOURNED TO A STUDY SESSION ON JULY 24, 1979 at 7:00 PM, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None Tim Paone, Chairman -10- 7-17-79 - P.C.