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HomeMy WebLinkAbout1979-10-02Approved October 16, 1979 u 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 11 LJ -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. 1 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 : df F 1