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HomeMy WebLinkAbout1979-09-05MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 5, 1979 - 7:00 PM COMMISSIONERS PRESENT: Higgins, Russell, Stern, Paone, Cohen, Bazil COMMISSIONERS ABSENT: None CONSENT CALENDAR: ON MOTION BY STERN AND SECOND BY COHEN THE MINUTES OF THE REGULAR MEETING OF AUGUST 7, 1979 WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Higgins,'Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None ORAL COMMUNICATIONS: None REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 79-18/TENTATIVE TRACT 9671 Applicant: 'Foxx.Deyelopment Corporation (Cont. from August 7, 1979) A request to permit a 3-lot subdivision for the purpose of con- struction of a'129-unit condominium project on the north side of Warner Avenue west of Beach Boulevard. Savoy Bellavia reported that the applicant has complied with the revisions requested of him at the study -session held on this project on August 14; he also outlined additional conditions of approval which staff would like the Commission to consider placing on the project. These involve minor modifications to'the sub- mitted suggested conditions and Fire Department requests in regard to entry gates and fire lanes. Daryl Smith, Street Tree Superintendent, addressed the Commission on the question of maintenance of landscaping and presented his department'-s position that the meandering walks as proposed present problems in placement of utilities and liability which offset their value in obtaining an aesthetic landscape treatment. Minutes, H.B. Planning Commission September 5, 1979 Page 2 The public hearing was opened. Warren James addressed the Commis- sion in favor of the project. Commissioner Paone questioned the deviation from the standard landscaping plan on Warner Avenue and was informed by Counsel Jim Georges that such deviation can be allowed under a special permit. Mr. James thereupon verbally amended his request for special permit to include the landscaping as depicted in his proposal. There being no other persons to address the Commission, the public hearing was closed. Commission discussion ensued. Commissioner Stern reviewed several aspects of the project, including the water oriented open space. He suggested that the findings for the special permit be amended to include mention of that orientation. Commissioner Bazil discussed the 25 garage spaces which face directly on curb line; it was determined that the 25-foot minimum turning radius would adequately address that problem, although Mr. James did indicate that he could provide extra setback by some relocation of buildings if necessary. Other areas addressed by the Commission were number and location of trash containers, the long runs of street (which staff reported had been given some curvature to partially alleviate any traffic problem at intersections), landscaping in pockets at street inter- sections, and landscaping treatment on Warner Avenue. It was the consensus of the Commission after this and previous reviews of the proposal that this project persents an innovative approach to housing in the City and does justify the granting of the special permits as requested by the applicant. ON MOTION BY RUSSELL AND SECOND BY STERN THE SPECIAL PERMIT WAS GRANTED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDING'S - SPECIAL PERMIT: 1. Through the use of water -oriented open space, heavy landscape planting around private patios and streams and common entry areas, and by maximizing the use of aesthetically pleasing types of architecture, the proposed project will promote a better living environment. 2'0 Through the use of landscape planting materials, aesthetically pleasing architecture, and special design and construction tech- niques, the surrounding uses will have a minimized impact on the proposed project and, in turn, the proposed project will not be detrimental to the general health, welfare, safety and conveni- ence of the neighborhood or of the City in general. 3. The orientation of each of the dwelling units onto private water areas, the use of landscape materials, and the design solution for a unique parcel of land will help to ensure maximum privacy for the residents within a project of this density. 4. Although the deficiency in the code -required open space could be remedied if the landscaped private entryways were incorporated -2- 9-5-79 - PC. Minutes, H.B. Planning Commission September 5, 1979 Page 3 into the usable open space, it is felt that the square foot- age is better used in the entries and that its relocation would adversely affect the quality of the project. 5. The berming proposed to be provided along the arterial will provide a more aesthetically pleasing entry treatment and visual experience along Warner Avenue than would strict adherence to the standard landscape plan. AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None ON MOTION BY RUSSELL AND SECOND BY STERN CONDITIONAL USE PERMIT NO. 79-18 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDI- TIONS, BY THE FOLLOWING VOTE: FINDINGS - CONDITIONAL USE PERMIT NO. 79-18: 1. The proposed subdivision of this 8.7 acre parcel of land zoned R2, Medium Density Residential, is proposed to be constructed having 14.8 units per gross acre or less. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementa- tion of this type of housing. 3. The property was previously studied for this intensity of land use at the time the land use designation for medium density residential was placed on said property. 4. The lot size, depth, frontage, street width, and (through the use of a special permit) all other design and implemen- tation features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifications on file with the City as well as in compli- ance with the State Map Act and supplementary City subdivi- sion ordinance. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 79-18: 1. The site plan received and dated August 22, 1979, shall be the approved layout with the following modifications: 1) Drive widths shall be modified where perpendicular park- ing is permitted, in order to achieve a minimum 25-foot turning radius, and 2) the plan shall delineate the land- scaped areas located in the extra parking spaces at the ends of the drives, as required in Condition No. 21 imposed upon this project. 2. Three -sixteenths (3/16) inch glass shall be installed in all second -story windows with a sight line onto Warner Avenue. -3- 9-5-79 - P.C. Minutes, H.B. Planning Commission September 5, 1979 Page 4 3. One -eighth (1/8) inch glass shall be installed in all first - story windows with a sight line onto Warner Avenue. 4. An eastbound left turn pocket shall be constructed in Warner Avenue at the development entrance. 5. A stop sign shall be erected to control outbound development traffic approaching Warner Avenue. 6. Natural gas and 220V electrical shall be stubbed in at the loca- tion of clothes dryers. 7. Natural gas shall be stubbed in at the location of cooking facilities, water heaters, and central heating units. 8. Low -volume heads shall be used on all spigots and water faucets. 9. All building spoils, such as unused lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. 10. Energy -efficient lighting, such as high pressure sodium vapor lamps, shall be used in parking lots to prevent spillage onto adjacent areas and for energy conservation. 11. The precise location for a secondary access point from the sub- ject site shall be subject to approval of the Huntington Beach Fire Department. 12. All structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards 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 a building permit. 13. The landscaping located at the east intersection of the property line on Warner Avenue shall be designed in order to afford visibility from the adjacent driveway at that location. 14. A chemical analysis as well as tests for physical properties of the soil on the subject property shall be submitted to the City for review prior to issuance of building permits. 15. If at any time an entry gate is proposed, location and design of such gate shall be reviewed and approved by the Department of Development Services and the Fire Department. 16. All of the approved drives shall be considered required fire lanes and shall be signed as such to the approval of the Fire Department. 17. The Homeowners Association/property owners within the project shall enter into an agreement with the City of Huntington Beach -4- 9-5-79 - P.C. Minutes, H.B. Planning Commission September 5, 1979 Page 5 agreeing to accept the responsibility for the landscaping and the maintenance of that landscaping installed in the public right-of-way on Warner Avenue. 18. A lighted directory shall be placed near the entrance, large enough to enable a visitor to locate a particular unit within the complex. 19. All garages shall be equipped with automatic garage door openers. 20. Water spigots shall be installed on all balconies. 21. Landscaping bays shall be installed at the corners of the project to provide green areas at the ends of the streets and improve the streetscape within the project. This will entail removal of at least one parking space at each cor- ner location. AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None ON MOTION BY RUSSELL AND SECOND BY STERN TENTATIVE TRACT NO. 9671 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS - TENTATIVE TRACT 9671: 1. The proposed subdivision of this 8.7 acre parcel of land zoned R2, Medium Density Residential, is proposed to be con- structed having 14.8 units per gross acre or less. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementa- tion of this type of housing. 3. The property was previously studied for this intensity of land use at the time the land use designation for medium density residential was placed on said property. 4. The lot size, depth, frontage, street width, and (through the use of a special permit) all other design and implementa- tion features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifi- cations 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 tract received and dated August 22, 1979 shall be the approved layout. Said map shall be revised by in- corporating that area to the centerline of Warner Avenue within the blue border. -5- 9-5-79 - P.C. Minutes, H.B. Planning Commission September 5, 1979 Page 6 2. The water system shall be through the City of Huntington Beach water system. 3. The sewer, water, and fire hydrant systems shall be designed to City standards. 4. The property shall participate in local drainage assessment district requirements and fees. 5. 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. 6. An easement shall be dedicated for public access on private prop- erty where the meandering sidewalk enters private property along Warner Avenue. This easement shall be recorded as part of the final map. 7. Six (6) inch curbs shall be located at all areas where parallel parking is proposed, for all curbed areas that project into the travel lanes, and at interior corner radii. AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None The applicant's representative, Mr. Warren James, concurred with all conditions of approval, both as presented in the staff report and as modified and added by the Planning Commission at this meeting. CONDITIONAL USE PERMIT NO. 79-20/NEGATIVE DECLARATION NO. 79-52 Applicant: Huntington Harbour- Bay and, Racquet Club This is a request to permit the remodeling of an existing Beach Club located on the west side of Warner Avenue approximately three-quarters of a mile north of Pacific Coast Highway. Chairman Paone announced his intention to abstain in discussion or voting on this proposal, and turned the chair over to Commissioner Higgins. Staff reported that a request has been received from the applicant for a continuance on this item to permit further communication with the property owners in the neighborhood of the project. Proposed action is to open the public hearing at this time but do not accept testimony and continue the request to the meeting of September 18, 1979. A motion was made by Russell and seconded by Cohen to continue Conditional Use Permit No. 79-20 to the regular meeting of September 18'. -6- 9-5-79 - P.C. Minutes, H.B. Planning Commission September 5, 1979 Page 7 Commissioner Bazil suggested that since there seems to be a large number of persons present in the audience in regard to this matter, perhaps it would be advisable to accept testimony from anyone who might not be able to be present at the next meeting. The Commission concurred with this, and the public hearing was opened. Stanley Feldsalt, attorney, addressed the Commission as a repre- sentative of a group of homeowners in the area opposed to the remodeling project. He indicated that they are also opposed to any continuance of the matter to a future meeting and questioned whether there is any basis upon which the request could be granted. Commissioner Bazil pointed out that the Commission could not act on the request at this meeting because the staff report had anticipated that the Commission would follow its usual policy of granting the continuance and no detailed informa- tion had been included for the Commission's consideration. Savoy Bellavia outlined the general proposal as follows: The remodeling will consist of 1) expansion of the restaurant, 2) additional boat slips, 3) expansion of the locker room facility, 4) four guest rooms above the locker rooms, 5) relocation of two of the tennis courts, 6) addition of one tennis court, 7) addi- tion of a 4-court racquetball facility, 8) redesign of the park- ing facilities, and 9) provision for the use to be partially open to the public. The following persons addressed the Commission in opposition to the proposed remodeling: Willard Sprague, Meir Ben-Shoshan, Gladys Schwartz, Barbara Devlen, and Norman Smith. The speakers cited problems which have arisen through recent incidents at the club, saying that fishing boats tied up there, live-aboards, and loud parties were having adverse effects on the neighborhood and that expansion would exacerbate the situation. It was stated that all of those present have long been aware of the plans for the club and therefore the applicant's reason for the continuance was not valid; however, Norman Smith, representing the Weatherly Bay Homeowners Association, stated that his people had not been aware of the proposal and were hoping to obtain specific details at this meeting. The speakers also objected to the fact that the applicant was not present at the meeting and questioned the authority of staff to assume that the continuation would be granted. The Commission discussed the propriety of the procedure on this item, with Commissioners Bazil and Cohen pointing out that it has been the policy of the Commission in the past to grant an individual continuance as a courtesy to an applicant when it is requested. THE MOTION FOR CONTINUANCE TO SEPTEMBER 18, 1979, WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Bazil NOES: Stern, Cohen ABSENT: None ABSTAIN: Paone -7- 9-5-79 - P.C. Minutes, H.B. Planning Commission September 5, 1979 Page 8 The public hearing was left open by Acting Chairman Higgins. Commissioner Stern said that his vote against the continuance was based on the fact that the testimony given at this meeting is con- trary to the information submitted by the applicant in his request for continuance. Commissioner Paone resumed the chair and called a recess at 8:00 p.m. Commission reconvened at 8:10 p.m. CONDITIONAL USE PERMIT NO. 79-21 Applicant: American Learning Corporation To permit an expansion area in an existing building to be used as a training laboratory on property located on the north side of MdFadden Avenue approximately one -quarter mile east of Bolsa Chica Street. Jim Barnes reported that staff has no information to present to the Commission beyond that contained in the staff report. The public hearing was opened. No persons were present to address the Commission, and the public hearing was closed. Commission discussion ensued. ON MOTION BY BAZIL AND SECOND BY COHEN CONDITIONAL USE PERMIT NO. 79-21 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The existing facility has sufficient parking to accommodate the proposed use. 2. The proposed use is compatible with the surrounding neighborhood. CONDITIONS OF APPROVAL: 1. The site plan received and dated July 25, 1979 shall be the approved layout. 2. The Planning Commission reserves the right to rescind this Condi- tional Use Permit approval in the event of any violation of the terms of this approval or violation of the applicable zoning laws. Any such decision shall be preceded by notice to the appli- cant and a public hearing, and shall be based upon specific findings. AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None F� -8- 9-5-79 - P.C. 1 Minutes, H.B. Planning Commission September 5, 1979 Page 9 CODE AMENDMENT NO. 79-4 Initiated by: City Council A proposal to amend the Huntington Beach Ordinance Code to allow temporary uses in the RA zones. Savoy Bellavia explained the narrow scope of the proposed amend- ment, which is designed to permit any use within the City which is being displaced because of the acquisition of its existing location by a governmental agency to relocate within the RA Dis- trict as a "temporary use." The Commission questioned the necessity for paragraph (b) in Section 1 of the ordinance proposed to implement this code amend- ment, which prohibits granting of the use on permanently zoned property zoned in compliance with the Land Use Element of the General Plan. Secretary Palin noted that although the RA District is consistent with most land use designations it is -not permanent zoning and the subsection would not apply. It was therefore the consensus of the Commission that the paragraph be deleted. The public hearing was opened. No persons were present to dis- cuss the matter, and the public hearing was closed. The Commission discussed the proposed amendment. Commissioner Stern discussed grounds for denial of a conditional use permit which might be applied for under this provision and methods by which a granted use might be removed if it were found not to be complying with either its conditions of approval or specific code requirements. It was the consensus of the Commission that language providing for the revocation of approval should be in- cluded in the body of the ordinance and not left to be applied as a condition on each individual application. Commissioner Russell addressed the need for expansion and definition of the. provisions for unclassified uses in the code; however, he noted that this proposed ordinance does not meet that need. Commis- sioner Paone expressed the opinion that this ordinance would encourage perpetuation of non -conforming uses within the City and might be construed as a grant of special privilege for the small number of uses to which it would apply. A motion was made by Commissioner Stern that the Commission not recommend to City Council that this ordinance be adopted. Motion failed for lack of a second. Further discussion included the possibility of a study session on the matter. Commissioner Bazil pointed out that a directive had been given from Council in this regard and in his opinion the Commission should transmit the code amendment and include any reservations it may have in that transmittal for the legislative body to make the final determination. -9- 9-5-79 - P.C. Minutes, H.B. Planning Commission September 5, 1979 Page 10 ON MOTION BY PAANE AND SECOND BY STERN THE COMMISSION DETERMINED TO RECOMMEND TO COUNCIL THAT NO ORDINANCE WHATSOEVER BE ADOPTED WHICH WOULD PERMIT REPLACEMENT OF A NON -CONFORMING USE IN THE CITY TO ANOTHER AREA IN THE CITY WHERE SUCH USE WOULD ALSO BE NON- CONFORMING, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Paone, Cohen NOES: Bazil ABSENT: None ABSTAIN: None Staff's transmittal will include the concerns the Commission has expressed and a recommendation that revocation provisions be in- cluded in the ordinance. CODE AMENDMENT NO. 79-5 Applicant: Initiated bythe Department of Development Services Proposed code amendment to allow commercial uses in both the M1 and the M1-A Industrial Districts. Secretary Palin outlined the history of the ordinance and suggested possible changes, to include study of the size of the project area, the percentage of gross floor area allowed to be commercial, and the types of specific uses to be permitted. The possibility that this amendment might result in the erosion of already existing com- mercial centers must also be considered, with protective criteria and restrictions included intthe code to try to prevent such erosion. He requested additional time to review the ordinances under which other jurisdictions are permitting the mixed uses and to refine the proposed ordinance, suggesting that the matter be rescheduled for the September 18 meeting. The Commission discussed the scheduling,with some Commissioners expressing reservations on whether or not the problems and necessary safeguards can be worked out in two weeks time. The public hearing was opened. Bob Michelson addressed the Commission on behalf of Stewart Develop- ment to urge development and adoption of an ordinance for mixed use. Drawing from his experience with these types of projects, he indicated that acreage and percentages are not as important as providing devel- opment and uses that are compatible with the objectives desired by the City. Traffic and parking problems with such mixed developments are, however, critical and a parking management plan should be required as part of the approval. It was Mr. Michelson's opinion that basically the ordinance as presented is workable and that an ordinance should provide guidelines but not hard and fast standards that would require a variance for any deviation. He summed up his presentation by noting that obtaining successful developments of a mixed use nature requires dedication and firmness to approve the good projects and -10- 9-5-79 - P.C. Minutes, H.B. Planning Commission September 5, 1979 Page 11 deny the ones that technically comply but do not provide a good development, and no ordinance can be written that will automatically accomplish that end. Dan Ardell of Stewart Development addressed the Commission to urge adoption of a mixed use ordinance. There being no other persons to address the Commission, the public hearing was closed. Commissioner Bazil questioned legal counsel Jim Georges on the legal interpretation in regard to the flexibility of the ord- inance. Mr. Georges expressed the opinion the ordinance provides a great deal of flexibility and discretion on the part of the Commission to approve or deny an application in a legally defen- sible manner. Further discussion ensued in regard to provisions to be included in the ordinance and the time schedule for its review. ON MOTION BY RUSSELL AND SECOND BY BAZIL CODE AMENDMENT NO. 79-5 WAS CONTINUED TO THE REGULAR MEETING OF SEPTEMBER 18, 1979, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None A tour of already constructed and operating developments of mixed uses will be arranged for Wednesday, September 12, at 1:00 p.m. Mr. Michelson will aid staff in arranging an itenerary Mr. Ardel invited the Commission to include the Stewart Develop- ment project at Gothard and Heil in the tour. DISCUSSION ITEMS: TENTATIVE TRACT 9580 - REVIEW OF LANDSCAPE PLAN Applicant: W & B Development The Commission discussed the perimeter landscape plan submitted for Seaport Village at Atlanta Avenue and Beach Boulevard. Daryl Smith addressed the Commission to describe the difficulties the Department of Public Works is having in maintaining landscap- ing already provided in the City and to ask that the proponents be conditioned to maintain future such plantings. He also dis- cussed possible liability where private persons are maintaining landscaping on public property and requested that a hold harmless agreement also be negotiated. After extensive review it was the consensus of the Commission to request a legal opinion from the office of the City Attorney in regard to: 1) Methods by which landscaping in a public right-of-way may be conditioned to be maintained by Homeowners Associations or other owners; 2) proce- dures for indemnification agreements to hold the City harmless for liability incurred by reason of said maintenance; and 3) the -11- 9-5-79 - P.C. Minutes, H.B.. Planning Commission September 5, 1979 Page 12 possibility of forming maintenance assessment districts for land- scape maintenance both for future and existing development in the City. Staff was directed to prepare a written request for said legal opinion and request the Attorney's office to have it avail- able for the regular Commission meeting of September 18, 1979. ON MOTION BY PAONE AND SECOND BY STERN REVIEW OF THE EXTERIOR LAND- SCAPING PLAN FOR TENTATIVE TRACT 9580 WAS CONTINUED TO SEPTEMBER 18 1979, PENDING RECEIPT OF AN OPINION AS REQUESTED FROM THE OFFICE OF THE CITY ATTORNEY, BY THE FOLLOWING VOTE: AYES: Higgins, Stern, Paone, Cohen, Bazil NOES: None ABSENT: Russell ABSTAIN: None PLANNING DEPARTMENT ITEMS: Secretary Palin reviewed the City Council meeting of September 4, 1979 for the Commission's information. COMMISSION iTtMS: Commissioner Cohen discussed General Plan Amendment No. 79-2 and the action taken thereon by the Commission. Commissioner Stern questioned the communication received from the office of the City Attorney indicating that in future no attorney will attend the study sessions of the Planning Commission. This determination was reviewed and discussed by the Commission. The meeting adjourned at 12:00 midnight. Tim Paone, Chairman 1 -12- 9-5-79 - P.C.