HomeMy WebLinkAbout1979-10-02Approved October 16, 1979
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MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
REGULAR MEETING
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
TUESDAY, OCTOBER 2, 1979 - 7:00 PM
COMMISSIONERS PRESENT: Higgins, Russell, Paone, Cohen, Bazil
COMMISSIONERS ABSENT: Stern
CONSENT CALENDAR:
ON MOTION BY HIGGINS AND SECOND BY RUSSELL THE.CONSENT CALENDAR,
CONSISTING OF THE MINUTES OF AUGUST 21, 1979, AND THE MINUTES OF
SEPTEMBER 18, 1979,.WERE APPROVED AS TRANSCRIBED, BY THE FOLLOW-
ING VOTE:
AYES: Higgins, Russell, Paone, Cohen, Bazil
NOES: None
ABSENT: Stern
ABSTAIN: None (Commissioner Cohen abstained from voting on'the
minutes of August 21,.1979 because of his absence
from that meeting.)
Chairman Paone announced that the proponents for Item E-1 have
requested to be heard at this point in the meeting, to which the
Commission agreed.
USE PERMIT NO. 78-73 - REVISED FLOOR PLAN AND ELEVATIONS
William S. Smolen, representing the Foxx Development Company,
explained that the original plans had turned out to be economi-
cally infeasible to -construct.
Secretary Palin reviewed the history of the project and explained
the requested revisions for this previously approved office
building on 17th Street at Olive Avenue. He noted that the pro-
posed structure is compatible with the adjacent building and is in
compliance with code;"however, he wished the Commission to be
aware of the sharply reduced setback on 17th Street and the fact
that the bulk of the building will'be much greater as viewed from
17th than it had formerly been. The required parking will still.
be provided and additional landscaping will be incorporated along
the, alley and in the parking area,
Minutes, H.B. Planning Commission
October 2, 1979
Page 2
The Commission reviewed the proposed changes, considering the
reduction in setback, the changes in the building recess, and the
effect of building bulk from both 17th and Olive Avenue.
ON MOTION BY BAZIL AND SECOND BY PAONE THE REQUESTED ALTERATIONS
FOR USE PERMIT 78-73 WERE APPROVED AS REQUESTED, BY THE FOLLOWING
VOTE:
AYES: Higgins, Russell, Paone, Cohen, Bazil
NOES: None
ABSENT: Stern
ABSTAIN: None
REGULAR AGENDA ITEMS:
CONDITIONAL USE PERMIT NO. 79-20/NEGATIVE DECLARATION NO. 79-52
Applicant: Huntington Harbour Bay & Racquet Club (Cont. from 9-18-79)
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 that he would abstain on this request, and
turned the chair over to Vice Chairman Higgins.
Secretary Palin reviewed the previous actions in regard to this request:
Two revised alternate plans have been submitted by the applicant for
the Commission's consideration; staff has researched the real estate
sales office and found it was approved by Administrative Review No.
67-3 on October 4, 1967 with no conditions of approval or time limita-
tion whatsoever; the staff still feels that added improvements on
Warner Avenue should be a requirement of any approval in view of the
20 percent parking reduction which is being requested for the mixed
use; and the Fire Department has expressed some concerns about the
drive locations.
Commissioner Cohen requested that the public hearing be reopened to
permit members of the audience to comment on the revised plans.
Chairman Higgins reopened the public hearing, requesting all speakers
to restrict their comments to new information.
Dennis French, applicant, requested that staff further expand on
the revised plans.
Secretary Palin pointed out that both
of boat slips, the same channel width
location for the racquetball facility
original layout, and both propose the
Variations on the two plans consist o
courts and parking count proposed.
plans proposed the same number
for the turning basin, the same
and all other facilities on the
same number of guest slips.
the location of the tennis
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-2- 10-2-79 - P.C.
Minutes, H.B. Planning Commission
October 2, 1979
Page 3
Edward Devlin addressed the Commission to state that the plastic
screening the proponent now proposes for the tennis courts
could not be kept clear on that site, but would soon become
opaque through the action of the salt mist from the harbor. He
also objected to the two alternative plans, saying that the
people had come to the meeting tonight expecting to be presented
with one plan only.
Stan Feldsalt, attorney, again addressed the Commission in opposi-
tion to the proposal in any form, citing contamination of the
harbor, the disposition of street drainage into the bay, and the
inadequacy of parking on the site.
Luis Cardenas addressed the Commission in support of the request
and presented the original covenants under which the subject
properties had been purchased for the Commission's:.consideration.
He also stated that many letters in support of the expansion
have been directed to the Commissioners from club members not
present at this meeting.
Mrs. Walter Caine spoke in support of the proposal.
M. De Lansdale, 17141 Edgewater, opposed the project because of
its possible pollution, noise, and parking impacts.
Joanne Kidd, 17172 Edgewater Lane, also spoke in opposition to
the proposal.
Mr. French spoke in rebuttal to the issues raised.' He said that
he would be agreeable to no screening for the courts if it is
found that it is indeed impossible to keep plastic clear and
clean. He explained.that the presentation of alternate plans had
been made not to.confuse the issue but to allow flexibility and
to create a plan compatible with the club owners' property rights
as well as those -of the.adjacent residential owners. The fact
that the courts will not be lighted and will be set back a dis-
tance of 41 feet from -the nearest dwelling unit should reduce any
possible impacts",,.in.his opinion. Mr. French also indicated
that he would oppose a -condition calling for further improvements
on Warner Avenue, pointing out that other developments along
Warner are improved to the same degree as the club property, such
as the golf course-and,some residential tracts.
The public hearing�was'closed.
The following extensive Commission discussion included review of
the parking, turning basin width, location of the tennis courts,
and improvements on Warner Avenue. Commissioner Higgins suggested
an alternative,layout for the turning basin which would reduce
the added slips to�only 7 as opposed to the 18 requested, but which
would prevent any extension of dock spaces into the boating area;
this plan received -the -concurrence of the rest of the Commission.
-3- 10-2-79 - P.C.
Minutes, H.B. Planning Commission
October 2, 1979
Page 4
It was -the consensus of the Commission that parking was a critical
issue and it should either be brought into compliance with code or
allowed no more than a 20 percent reduction for consideration of the
mixed uses.
Commissioner Russell discussed the original intent of the club at its
location, which was to serve_as_a_private facility for the neighbor-.
hood residents: He no that the modifications could induce some
public use of the facility, thereby adding to noise and congestion in
the area. For that reason, he indicated his intention to speak
Against the proposal.
ON MOTION BY COHEN AND SECOND BY BAZIL NEGATIVE DECLARATION NO. 79-52
WAS ADOPTED, BY THE FOLLOWING VOTE:
AYES: Higgins, Russell, Cohen, Bazil
NOES: None
ABSENT: Stern
ABSTAIN: Paone
A MOTION WAS MADE BY COHEN AND SECONDED BY RUSSELL TO DENY CONDITIONAL
USE PERMIT NO. 79-20 FOR THE FOLLOWING REASONS:
1. It does not meet code requirements for parking spaces.
2. The turning radius in the basin will be too confined.
3. The addition of boat slips will have a possible -negative effect on
the environment.
Discussion followed.
MOTION TO DENY FAILED BY THE FOLLOWING VOTE:
AYES:
Russell, Cohen
NOES:
Higgins, Bazil
ABSENT:
Stern
ABSTAIN:
Paone
A MOTION WAS MADE BY BAZIL AND SECONDED BY HIGGINS TO APPROVE PLAN
NO. 1 FOR CONDITIONAL USE PERMIT NO. 79-20 WITH THE FOLLOWING FINDINGS
AND CONDITIONS:
FINDINGS:
1. The proposed expansion of the existing Bay and Racquet Club is
consistent with the City's General Plan. '
2. The proposed expansion is consistent with the facility that is
presently existing.
3: The proposed expansion is in substantial compliance with the exist-
ing and surrounding land uses.
-4- 10-2-79 - P.C.
Minutes, H.B. Planning Commission
October 2, 1979
Page 5
CONDITIONS OF APPROVAL:
1. Site plan No. 1, received and dated September 28, 1979,
shall be the approved layout. The applicant will be
required to file a conditional exception with the Board of
Zoning Adjustments in order to allow a five (5) foot encroach-
ment into the front yard setback for the proposed racquetball
facility.
2. All facilities, both existing and proposed, shall be brought
into compliance with all requirements of the Huntington
Beach Fire Department as set forth below:
a. The existing drive at the west property line must remain
for adequate emergency access and circulation. The pro-
ject must also be signed for parking control as required
by the Fire Department.
b. The entire club facility containing the restaurant,
offices, guest rooms, etc., shall be fire sprinklered
throughout, as per Huntington Beach Fire and Building
Codes.
c. All boat dock facilities shall be equipped with a horizontal
wet standpipe system as per Huntington Beach Fire Depart-
ment specifications.
d. The fire,hydrant and water main systems shall be made to..
comply with current standards and will include installa-
tion of two (2) new fire hydrants on Warner Avenue.
e. All Fire and Life Safety Codes will be applied to the
entire project.
3. A pierhead line shall be established to limit the extension
of the proposed boat slips. Said line shall be established
by a diagonal line from the second bay of boat slips to the -
fifth bay of -boat slips as outlined on approved Plan 1, and
all existing and proposed boat slips shall be removed from
the channel -outside of that diagonal line. This pierhead
line shall provide for a 245-foot diameter turning area at
the east end of the bay.
4. A pump out system or systems shall be installed adequate to
accommodate the total number of boats that can be docked or
moored in the -proposed facility. The applicant shall submit
a letter from a person who is qualified in marina design to
assure that the proposed pump out facility will accommodate -
the number of boats that can either be docked or moored in
the proposed facility.
5. The owner and/or operator shall provide a clause within each
lease agreement prohibiting persons from living aboard any
boat docked_or,mooxed at the proposed facility.
-5- 10-2-79 - P.C.
Minutes, H.B. Planning Commission
October 2, 1979'
Page 6
6. No lighting and/or opaque windscreening shall be provided on
those tennis courts located at the easterly portion -of the prop-
erty. Hours of operation -on these courts shall be limited to the
hours between 9:00 a.m. and dusk daily.
7. The owners and/or operators shall not conduct parties or any other
activity outdoors beyond the hour of 10:00 p.m.
81. The applicant shall provide a small boat launch facility for
public,use within the proposed complex.
9. A five (5) foot wide sidewalk shall be installed along the right-
of-way on Warner Avenue.
10. The parking reduction permitted for the mixed use shall be a
maximum of twenty (20) percent.-
11. A pedestrian and bicycle access shall be provided from Edgewater
Lane to the sidewalk surrounding the harbor.
MOTION TO APPROVE FAILED BY THE FOLLOWING VOTE:
AYES: Higgins, Bazil
NOES: Russell, Cohen
ABSENT: Stern
ABSTAIN: Paone
A motion was made by Commissioner Cohen to continue Conditional Use
Permit -No. 79-20 to a date certain to permit the applicant time to
develop,plans in compliance with the Huntington Beach Ordinance Code.
Commissioner Bazil spoke against this motion, noting that it is tanta-
mount to denial, because without the consideration for mixed use
parking the project cannot be constructed. Motion failed.for lack of
a: second.
A motion was made by Commissioner Bazil-to continue the application to
the next regular meeting of October 16, 1979 for decision only.
The Commission conferred with legal counsel to ascertain the result
to -the application if four affirmative votes are not obtained for any -
motion, and was advised that failure -to, act within the mandatory pro-
'cessing date would result in automatic denial of the project unless
the proponents agreed to a continuance. Mr. Georges stated further
that this automatic denial still provides the proponent with the
opportunity to appeal to the City Council. -
Mr. French was called to the podium and advised the Commission that he
is not willing to accept another continuance.
Motion failed for lack of a second, and Conditional Use Permit No.
79-20 is deemed denied.
-6- 10-2-79 - P.C.
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Minutes, H.B. Planning Commission
October 2, 1979
Page 9
Secretary Palin outlined the proposal, which is to move the zoning
boundary on a parcel entirely under the ownership of the subject
applicant to allow greater flexibility for development of the
residential portion of the site. He expressed concern that no
preliminary plan has been submitted for the development of the
commercial portion of the property and said the Department would
desire to see such a plan in order to determine how a viable com-
mercial project could be accommodated on the remaining portion of
the site.
The public hearing was opened.
Frank Woolsey, developer, addressed the Commission. He informed
the Commission that the original concept for ground level parking
in the commercial project has been changed; parking will now be
provided in a two-story parking structure, and the additional
square footage he -is asking to have rezoned will no longer be
needed for the development of the commercial portion of the property.
He added that he plans a freestanding three-story commercial
building on the corner of Bolsa Chica and Heil with the parking
structure behind that; the parking structure would also incorporate
some office space. Remainder of the required Parking could be
f provided in the center of the sitein clustered marking bays open
to Bolsa Chica. - - --- - _ _- --
There being no other persons to speak for or against the proposal,
the public hearing was closed.
Citing problems encountered in the past with a project of a similar
nature, Mr. Palin recommended that any approval of this zone change
be made contingent upon the prior approval through the City of
both the resdiential and the commercial developments on the sites.
Upon the applicant's request for explanation, Mr. Palin informed
him that the application for the commercial site would not involve
actual detailed working drawings, but would only be a footprint
showing the site plan, landscaping, parking, access, and circulation,
dimensioned to make sure that a workable project can be constructed
on the site. Mr. Woolsey agreed to this provision.
ON MOTION BY BAZIL AND SECOND BY RUSSELL THE COMMISSION ADOPTED
ZONE CHANGE NO. 79-7 FOR RECOMMENDATION TO THE CITY COUNCIL, WITH
THE ADDITIONAL RECOMMENDATION THAT THE SECOND READING OF THE ZONE
CHANGE BE POSTPONED UNTIL AFTER APPROVED APPLICATIONS FOR BOTH THE
RESIDENTIAL AND COMMERCIAL PORTIONS OF THE PROPERTY HAVE BEEN
PROCESSED THROUGH THE CITY, BY THE FOLLOWING VOTE:
AYES: Higgins.,.Russell, Cohen, Bazil
NOES: None
ABSENT: Stern
ABSTAIN: Paone
-9- 10-2-79 - P.C.
Approved October 16, 1979
Minutes, H.B. Planning Commission
October 2, 1979
Page 10
CODE EMENDMENT NO.. 79-5 (Cont. from September 27, 1979)
Initiated by the Department of Development Services
An amendment to the Huntington Beach Ordinance Code to allow retail
commercial, service, and office uses within both the M-1 and M1-A
industrial zones.
The public hearing on this matter had been opened and closed at•the
prior meeting, with continuance to October 2 to allow revisions -as
recommended by•the Commission.
Review determined that the revisions as proposed have been made..
ON.MOTION BY BAZIL AND SECOND BY RUSSELL CODE AMENDMENT NO.•79-5
WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL AS AMENDED, BY
THE FOLLOWING VOTE:
AYES:
Higgins,
NOES:
None
ABSENT:,
Stern
ABSTAIN:
Paone
Russell, Cohen, Bazil
Mr. Paone abstained on this vote because he had been -absent at the
prior meeting and had not had an opportunity to review the record.
DEVELOPMENT SERVICES ITEMS:
RESOLUTION NO. 1253 - A Resolution of Appreciation for Ruth Finley
Initiated by the Department of Development Services
ON MOTION BY BAZIL AND SECOND BY RUSSELL RESOLUTION NO.'1253 WAS
ADOPTED BY THE FOLLOWING VOTE:
AYES: Higgins, Russell, Paone, Cohen, Bazil
NOES: None
ABSENT: Stern
ABSTAIN: None
A communication from Norm Worthy to the Planning Commission regarding
dedication of park sites in the Seacliff area was submitted and
reviewed.
Secretary Palin thanked the members of the Planning Commission for
their service to the City and expressed his personal appreciation -for
their cooperation and assistance.
On motion by Cohen and second by Bazil the meeting was adjourned to
a special meeting on Tuesday, October 9, 1979 at 7:00 p.m., by unani-
mou vote.
afhes W. Palin, Se etary Tfm Paone, Chairman
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