Loading...
HomeMy WebLinkAbout1979-09-18Approved: October'2, 1979 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, SEPTEMBER 18, 1979 - 7:00 PM COMMISSIONERS PRESENT: Higgins, Russell, Stern, Paone, Cohen, Bazil COMMISSIONERS ABSENT: None The meeting was called to order by Chairman Paone at 7:10 p.m." Secretary Patin introduced Attorney Charles Matheis, who is pro- viding legal counsel in the absence of Jim Georges. Commissioner Stern requested that Consent Agenda Item A-2 be considered later in the meeting. ON MOTION BY HIGGINS AND SECOND BY COHEN THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 5, 1979 WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None ORAL COMMUNICATIONS: Jerry Shea addressed the Commission to request that Agenda Item A-2 be continued to the next meeting instead of considered later on at this meeting. The Commission discussed his request and - determined to hear the item at this point in the agenda. RESOLUTION NO. 1252 A Resolution of Intent to Allow Expansion of a Non -Conforming Use. Mr. Shea described his intended addition to an individual apart- ment in a complex located on the south side of Pacific Coast Highway northwest of Main Street. He noted that his proposal has received the endorsement of the architectural committee of the Homeowners Association for the complex. The Commission discussed the scope of the individual request and the effect it would have on the entire complex. Also considered was the question of whether or not the request should have been ;Filed by the stock cooperative as a whole and the possibility of many future such requests within the same project. Minutes, H.B. Planning Commission September 18, 1979 Page 2 Methods of controlling the type and numbers of possible future additions were reviewed, with Commissioner Stern pointing out that future additions would result in a compounding of square footage and produce a quite different use than that originally approved, a result which he would not find acceptable for a project already in non-conformance to its location. Commissioner Paone expressed the opinion that any restrictions should not be applied to this one request but should more equitably be imposed by a code amendment that would apply.to all such uses in the city. Commis- sioner Russell stressed the importance of providing some means of making prospective buyers of units in such complexes aware in ad- vance of possible. restrictions to their ability to add to their units because of code requirements. ON MOTION BY HIGGINS AND SECOND BY BAZIL RESOLUTION OF INTENT NO. 1252 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Paone, Bazil NOES: Stern, Cohen ABSENT: None ABSTAIN: None ON MOTION BY BAZIL AND SECOND BY HIGGINS STAFF WAS DIRECTED TO PRE- PARE AN AMENDMENT'TO THE ORDINANCE CODE WHICH WOULD ALLOW NO MORE THAN 10 PERCENT OF ORIGINAL FLOOR SPACE (AS OF THE DATE OF ADOPTION OF THE ORDINANCE)"TO BE ADDED FOR EXPANSION OF A NON -CONFORMING USE, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None REGULAR AGENDA ITEMS: CONDITIONAL USE -PERMIT NO. 79,20/NEGATIVE DECLARATION NO. 79-52 Applicant: Huntington Harbour Bay & 'Racquet Club Request to permit remodeling of an existing beach club located on the west side of Warner Avenue approximately three -fourths of a mile north of Pacific Coast Highway. Chairman Paone announced that he was again abstaining from discus- sion on this project because the law firm of which he is a member is acting as counsel for the applicant. The chair was turned over to Vice Chairman Higgins. Commissioner Stern reported that he had been present at a meeting on Thursday, September 13 with the applicant and club members; he also met with homeowners in the area on last Saturday morning. Savoy Bellavia reported no additional information except for the fact that no pierhead line was ever established in the area. The area from the bay club to the dock facilities on properties to the 1 -2- 7-18-79 - P.C. 1 n Minutes, H.B . Planning Commission September 18, 1979 Page 3 north is the entire Lot B which was dedicated to the City with rights reserved for marina purposes. Staff is recommending as a condition of approval that a pierhead line be established at this time. Chairman Higgins noted that the public hearing remains open and informed those present of the time restrictions to be placed on individual testimony. David French, applicant, spoke briefly in support of his pro- ject and introduced architect Jack Sellman who discussed alternate plans A, B, and C which have been prepared, addres- sing both the positive and negative aspects of each plan. He said there is a shortage of tennis courts in the area and the added facilities will be an asset to the community. They are planned to be available to the public, with members of the club having priority for reservations. No lighting and no screening which will obstruct views are proposed; however, Mr. Sellman indicated that the applicants oppose the staff recom- mendation to lower the courts into the subgrade, citing hydrostatic pressures on the slabs and the need for sump pumps as prohibitive factors. He pointed out how it is planned to add to and relocate docks in order to maintain turning radius in the basin; said that there is sufficient flexibility in the plans to allow for a walkway from Edgewater Lane to the parking lot when the vehicle access is closed; discussed the reduced setback necessary in order to relocate the racquetball facil- ity to the south side; and analyzed the parking requirements for the project. The Commission recessed at 8:55 p.m. to permit the audience to examine Plans B and C; the meeting was reconvened at 9:15 p.m. The following personn spoke in opposition to the expansion: Jim Dohlman John W. Cronn Mike Cavallo S. Feldsalt, Attorney Ms. G. Schwartz Bill Hartge Neal Wells Barbara Devlin Joe Schwartz Meir Ben-Shosan E.A. Devlin Bill Wood Courtney Lane 19708 Shorecliff Lane 17220 Courtney Lane 1617 Westcliff, Newport Beach 17188 Edgewater Lane 1712 Edgewater Lane 17109 Edgewater Lane 17156 Edgewater Lane 17188 Edgewater Lane 17099 Edgewater Lane 17156 Edgewater Lane• 17226 Courtney Lane The above speakers described for the Commission the conditions under which they believed they -had purchased their homes, and presented the following arguments against the proposed expansion.: 1) The installation of tennis courts and the racquetball facil- ity will obstruct their views of the ocean and the marina; 2) the -3- 9-18-79 - P.C. Minutes, H.B. Planning Commission September 18, 1979 Page 4 area of the bay available for turning of boats will be encroached upon; 3) noise from large functions of the clubhouse will have adverse effects upon the neighborhood and noise from the tennis courts will prevent daytime sleep for residents who must work nights; 4) the addition will add to the already congested condi- tion of the parking lot; 5) the facility is nota tennis club per se; 6) the addition of slips will further degrade the water quality in Weatherly Bay, which already suffers from pollution and lack of tidal flushing action; 7) the addition of slips will encourage live-aboards in the harbor. Mike Cavallo indicated that the residents would insist that, as conditions. of approval for this project, all street drainage would be required to be diverted away from the marina and that an environmental impact report be prepared for the expansion addressing the concerns expressed at this meeting. Attorney.Feldsalt again addressed the Commission to -state that the applicant is asking the Commission to approve uses which are not provided for in the code under the ROS (Recreational Open Space) zoning on the property, and urged denial of the conditional use permit. The following persons spoke in favor.of the. proposal: Phil Murray 16521 ChaMnel'Lane Luis Cardenas 17044 Edgewater Lane Jeanne Barnett 4162 Morning Star Drive Ann Conway 1717 Edgewater Lane The above speakers stressed the need for additional, properly ori- ented tennis courts at the club and in general questioned the theory that non -waterfront properties had a vested right to a view of the marina across the club property. Mr. Brewer, attorney for the applicant, pointed out that Article 969, S. 9692 of the Huntington Beach Ordinance Code clearly allows all the proposed uses in the ROS zone with the exception of the Christiana Real Estate office, over which his client has no control. David French again addressed the Commission in rebuttal of the arguments against the proposal. There being no other persons to speak on the matter, the public hearing was closed. The Commission -reviewed the alternate plans and discussed the pro- posal extensively. The non -conforming real estate office and the yacht brokerage use were of concern and the staff was instructed to research old entitlements for time limitations which may have been conditioned at the time of any approval of these uses. It was the consensus of the Commission that Plan C provided the most desirable layout, and detailed instructions were given staff in the follow- ing areas for inclusion in the conditions of,approval: -4- 9-18-79 - P.C. 1 Minutes, H.B. Planning Commission September 18, 1979 Page 7 Commission packet and will be scheduled for review at the regular October 2, 1979 meeting. ON MOTION BY COHEN AND SECOND BY BAZIL THE COMMISSION ADJOURNED TO A SPECIAL MEETING ON THURSDAY, SEPTEMBER 27, 1979 AT 7:00 PM IN THE COUNCIL CHAMBERS, BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Paone, Cohen, Bazil NOES: None ABSENT: None ABSTAIN: None l Meeting adjourned at 12:45 a.m. u Tim Paone, C airman -7- 9-18-79 - P.C.